METH CONTROL BILL HITS SNAG ON STATE VS. LOCAL RULES

A proposed bill in the state legislature that would clamp down on access to
the primary ingredient of the drug methamphetamine has run aground because
of a disagreement between Sen. Charlotte Burks and a trade group for
chain-owned drugstores.

The legislation would limit purchases of non-prescription drugs containing
ephedrine or pseudoephedrine as active ingredients. These are found in
thousands of over-the-counter cold remedies, such as Sudafed, and are
legitimate pharmaceuticals sold by the millions each year.

In large quantities, they can be used as ingredients in methamphetamine, a
highly addictive drug that can be manufactured on a kitchen stove. "Meth,"
as it is called, is a huge problem in Burks' district.

Under the proposed law, it would be illegal to purchase more than three
packages of any such medication or any package containing more than 9 grams
of ephedrine during a single visit to a store.

While Burks, D-Monterey, and the Tennessee Council of Retail Merchants
agree on that aspect, they differ on another provision: that state law
would pre-empt all local ordinances or regulations governing the sale of
the ephedrine or pseudoephedrine-based drugs.

The retail merchants want this language. Burks does not.

"They are fighting me tooth and toenail on this. They are trying to kill
the local ordinances, is what they are trying to do, and I just can't
accept that," the Monterey senator said.

Russell Palk, president of the council, argued it would be an unfair burden
on the state's retailers to deal with different standards in each of the 95
counties and their municipalities. "Ninety-five different counties could
pass 95 different ordinances and require anything from a customer who wants
to buy a pack of Sudafed to sign a log and show their ID, or we might have
to put it behind our counters, where we do not have enough space currently
for prescription drugs we distribute, much less the non-prescription
drugs," Palk said.

"While we admit it is a significant problem, we would like to treat this in
a state law, so that a Kroger, or a CVS or a Walgreen wouldn't have to
treat it differently in all 95 counties."

He noted there are more than 4,000 over-the-counter drug products that
contain ephedrine or pseudoephedrine. They are sold in large chain stores,
as well as in vending machines.

But for Burks, it's not prudent to take away local efforts to restrict the
problem. "This meth epidemic has hurt us, with hundreds of kids being taken
away from their parents because the mamas and daddies are on meth. Our law
enforcement are working hard, but can't do it alone. We have got to stop
meth, and making it hard to get the raw ingredient is one way of doing
that," Burks said.