PROPOSED CHANGES STALL METH LEGISLATION

Sales Of Certain Cold, Allergy Pills At Issue

FRANKFORT, Ky. -- A bill aimed at curbing methamphetamine stalled in
the House yesterday over two proposed amendments that backers say
would gut the legislation.

The delay prompted a rash of lobbying from sheriffs and police who say
amendments to Senate Bill 63 would allow meth manufacturers to get
more of the certain cold and allergy medications they need to make the
illegal drug.

Lt. Gov. Steve Pence said he is frustrated by the sudden appearance of
the amendments.

"We're so close here," said Pence, who also is state justice secretary.

The bill could come up for a vote today after House leaders speak with
Rep. Frank Rasche, D-Paducah, about whether his amendments would
weaken Kentucky's battle against meth.

SB 63 seeks to limit the sale of Sudafed and similar drugs that
contain pseudoephedrine, the chemical used to make meth, a highly
addictive, illegal stimulant.

Rasche filed amendments that would allow the sale of cold and allergy
medicine in more places and restrict sales based on the chemical
composition of the tablets, not the number of them.

The restrictions in SB 63 have been opposed by retailers and others,
including the Schering-Plough Corp. -- which makes Claritin D, an
allergy medicine that contains pseudoephedrine.

Rasche said he filed the amendments as a consumer advocate -- not on
behalf of any lobbyist -- although he said he has not been contacted
by any consumers.

"I'm coming at it purely from the consumer aspect," Rasche said,
adding that he's concerned the bill would limit over-the-counter
access to drugs such as Claritin D. House, Senate approval

The amendments would have to be approved by the House to be added to
SB 63. After that, the bill would return to the Senate.

One amendment would allow any retailer to sell drugs such as Sudafed
tablets instead of restricting the sale to pharmacies, as called for
under SB 63.

The legislation would limit the number of sales per person to 9 grams
per month, or about 300 30-milligram Sudafed pills.

Rasche said he isn't sure how much of the drugs people could buy under
his amendment, but his goal was to increase that number.

House Majority Leader Rocky Adkins, D-Sandy Hook, said sheriffs,
police and other supporters of the bill had been calling lawmakers to
express concern about the amendments. The bill also contains
provisions to regulate Internet pharmacies.

The Courier-Journal reported in December that meth use is accelerating
in Kentucky and that a key to the problem is a failure to control
access to pseudoephedrine.

Rasche said he's aware of the problem in his home county, McCracken,
but doesn't think his amendments would hurt efforts to control meth
production.

The bill still would require people to sign a log for such medicine,
he said.

"It is a hassle to fill out a log for Sudafed," he said. "If that is
necessary, I'm all for it." Corporate opposition

Justice Department spokesman Chris Gilligan said Karen Thomas-Lentz, a
lobbyist for Schering-Plough, has met with Justice officials over the
past several weeks to express opposition to the limits on pills.

According to the Schering-Plough Web site, one Claritin D tablet
contains 120 milligrams of pseudoephedrine, four times as much as a
single Sudafed tablet.

Yesterday, Lentz referred questions to a corporate spokesman for
Schering-Plough.

Julie Lux, a spokeswoman for the New Jersey-based pharmaceutical
company, said she isn't familiar with the legislation, but the company
supports "reasonable limits" on sales.

As for allowing all retailers, instead of just pharmacies, to sell
such drugs, Rasche said he's just trying to ensure people have access
to medicine. Stores still would have to secure the drugs behind the
counter or in a case and keep a log that customers would have to sign.

But Pence said those provisions would virtually eliminate state
control of such over-the-counter drugs. Kentucky based its bill on an
Oklahoma law that officials say resulted in a sharp decrease in
meth-lab busts after the law took effect last year.

"I think they've shown in Oklahoma that the inconvenience is minor and
the good impact is very, very significant," he said.