PANEL OKS BILL TO CURB METH

Measure Limits Sale Of Key Ingredient

FRANKFORT, Ky. - A bill aimed at curbing the spread of
methamphetamine by making it harder to get a key ingredient and
toughening prosecutions is on its way to the Senate floor.

Despite objections from representatives of the Kentucky Retail
Federation, the Senate Judiciary Committee last night unanimously
passed Senate Bill 63, which would restrict the sale of cold and
allergy medicine that can be used to make the illegal drug.

The bill also would strengthen a law used to prosecute meth
manufacturers, make it illegal to expose children to meth labs and
hold meth makers liable for cleaning up the toxic chemical waste they
leave behind.

"The destructive nature of this drug is just unbelievable," said Sen.
Robert Stivers, the committee's chairman and the bill's sponsor. "When
you've seen it firsthand, as I have, in the criminal justice system,
it is just unbelievable."

Stivers, R-Manchester, a lawyer, said Clay County in his district had
16 illegal meth labs busted last year. He said he expects the Senate
to pass the bill later this week and move it to the House for action.

"I'd like to get it over as quickly as possible," said Stivers, citing
the state's growing problem with the highly addictive drug.

George Moore, a spokesman for commonwealth's attorneys in the state,
said prosecutors like the bill.

"We think it's an effort to address a critical problem," said Moore,
who is commonwealth's attorney for Rowan and Montgomery counties.

Ernie Lewis, head of the state Department of Public Advocacy, said his
agency -- which represents poor people charged with crimes -- has some
questions about specific provisions in the bill related to the
requirements for a conviction for manufacturing meth, but supports the
intent.

"There's no question that there's a real serious problem with meth,"
Lewis said. "Our caseloads reflect that. Our clients are ravaged by
it." Modeled on Oklahoma law

The Courier-Journal reported in a three-day series in December that
meth is accelerating its spread through Kentucky and Indiana, clogging
courts, filling jails and prisons, ravaging families and escalating
demand for treatment.

The series also found that Kentucky had failed to keep pace with other
states in restricting access to drugs containing pseudoephedrine, a
decongestant found in drugs such as Sudafed.

A Courier-Journal analysis of circuit court records showed meth
indictments for manufacturing and trafficking in the drug grew across
Kentucky to 1,854 this fiscal year, from 336 cases in 1998-99, a 452
percent increase.

Stivers' bill is modeled on an Oklahoma law. That state cited an 80
percent drop in meth lab busts after its law took effect last year.

Stivers' bill would require retailers to restrict access to tablets
containing the drug, such as by placing them behind a counter or in a
locked case. It also would require people buying the drug to show a
government-issued photo identification, such a driver's license, and
sign a log at the store.

The bill also would limit people to no more than 9 grams per month --
about 300 of the 30-milligram tablets. Concern by retailers

Representatives of the Kentucky Retail Federation have argued that the
bill is too restrictive on pharmacies and stores, and they have asked
for alternatives -- such as restricting access to the drug, as many
stores now do -- without requiring a photo ID or a log registering
sales.

Gay Dwyer, vice president of government affairs for the retail
federation, said she met with Justice Cabinet officials and others
yesterday to discuss objections. The federation will continue to seek
changes as the bill proceeds through the legislature, she said.

"We've still got concerns," she said.

Lewis, the chief public defender, said he remains concerned about a
provision that would allow a conviction for manufacturing meth for
someone caught with just two of the ingredients or two pieces or
equipment and demonstrated intent to make meth.

Stivers said that provision is aimed a closing a loophole that
requires someone to have all of the ingredients and equipment for a
manufacturing conviction.

Lewis said his agency supports the bill's attempt to restrict
pseudoephedrine.

"That's proven successful in Oklahoma," he said. "I think that's the
heart of the bill."