ARKANSAS BILL WOULD LIMIT COLD-DRUG SALES

FAYETTEVILLE, Ark. ­ Arkansans will have to make a little more effort when
they need to stop sniffling and sneezing if proposed legislation passes the
General Assembly this year.

Among proposed bills in the Assembly is a measure that would knock certain
cold medicines off store shelves and make them available only through
pharmacies. The idea is to remove those with ingredients used to make the
illegal drug methamphetamine ­ namely, ephedrine and pseudoephedrine.

Rep. Jan Judy, D-Fayetteville, is proposing the legislation, one of many
measures for legislators to deal with after the session begins Monday.

Consumers wouldn't need a prescription for products containing the two
chemicals. But they would have to be older than 17, show ID to a pharmacist
and sign for the products. Pharmacists would be required to record
purchases and limit how much a person could buy within 48 hours.

Drug police like the measure, saying such a law would allow them to track
suspicious purchases and discourage meth makers from buying the restricted
products.

Critics say such a law would inconvenience and anger legitimate consumers
and burden already overtaxed pharmacists in the state.

"Say you've got a family of three who has a cold," said Nancy Bukar, a
lobbyist and attorney with the Consumer Healthcare Products Association.

"The mother goes to the convenience store and wants a nighttime product for
herself, a daytime product for her husband who works and a pediatric
product for the baby. Already, she's reached the three-box limit," she said.

Drug manufacturers are strongly opposed.

"Some people have concerns," Ms. Judy acknowledged. "But there's been
support from many legislators who believe that most citizens would be
willing to give up a little convenience in order to help curb the
methamphetamine problem in our state."

State Drug Director Bill Hardin wrote in supporting the legislation that
meth production has reached nearly epidemic proportions in Arkansas.

Arkansas leads the nation in the number of meth labs seized per capita in
1999 with 544, according to the federal Drug Enforcement Administration.
State Crime Laboratory officials estimate the number of meth labs seized in
Arkansas in 2000 will exceed 800, the DEA said.

Law enforcement officials say meth makers are mostly using pseudoephedrine,
which is illegal to possess only if police have evidence it would be used
to make the drug.

"Unless you have a confession or something else like paraphernalia to show
intent to manufacture, you can't prosecute," said Dale Weaver,
administrator for the 16th Judicial District Drug Task Force in Batesville.

The bill doesn't recommend how much of cold products customers should be
allowed. But some in law enforcement want to limit consumers to purchasing
24 60-milligram tablets in a 48-hour period.

But Anne Hines said the proposal poses problems for rural customers. Hines
is executive vice president of the Arkansas Oil Marketers, a trade
organization for convenience stores and truck stops.

"Our concern is that in some rural areas, one of our stores may be the only
store that's open," Ms. Hines said. "We're concerned our legitimate
customers won't be able to access these products in the middle of the night
when they really need them."