STATE RAISES PENALTY, FINE IN METH CRIME

The theft of farm fertilizer, valued at less than a noontime meal, could
land a methamphetamine addict 20 years to life in the state penitentiary.

Jerry Niles, a Garfield County undersheriff, hopes the stiff penalty will
discourage the theft of anhydrous ammonia used to cook the drug known as
"poor man's cocaine."

Thieves, using outdoor grill-size propane tanks or other containers, steal
a small amount of anhydrous ammonia from storage tanks.

The amount typically stolen is valued at $5 or less and, until recently,
was a petty larceny. However, Gov. Frank Keating signed a bill into law
June 1 making it a felony to possess anhydrous ammonia in an unauthorized
container. It became effective immediately.

Considering the small amount, why the theft and why the diligent pursuit of
law enforcement?

Although many addicts cook for self-use, Niles said 1 ounce of
methamphetamine, a form of speed, sells for about $800 to $1,200.

"It's a combination of stupidity and greed," he said of the thieves.

A total of 897 clandestine labs were dismantled in the state in fiscal year
2000, 178 more than the previous year, said Kym Koch, public information
director of the Oklahoma State Bureau of Investigation.

On the other side, farmers and ag businesses selling anhydrous ammonia are
concerned about the potential health hazards if a tank valve is left open
by a careless thief. The thefts occur at sales locations and on farms.

Under pressure as a liquid, anhydrous ammonia has a blistering effect on
the skin. If it escapes into the air, it produces a gas that sears the lungs.

Niles said his northwestern Oklahoma department has received about 25
reports of thefts from fertilizer dealers just this year. The department
has formed surveillance teams in response.

A 12-county law enforcement task force in northwestern Oklahoma has
investigated 35 meth labs this year, with 33 using anhydrous ammonia in
drug cooking.

Ed Smith, general manager of the Mid- Oklahoma Co-ops, said they've
experienced an increasing number of thefts over the past two years at
locations near the Oklahoma City metro area.

Mike Mahoney is executive vice president of Wheeler Brothers Grain Co.,
which sells anhydrous ammonia at 10 of its western Oklahoma locations. He's
aware of thefts from at least five within the last year.

"My biggest concern is that somebody goes in, gets nervous and leaves the
valve open," Mahoney said. "What if there's not much wind that night and
the release would affect a community?"

"I doubt if hardly any of those guys stealing it knows what they're dealing
with," Mahoney said.

Concerns like those led to the felony legislation.

The law specifies that possession of it in an unauthorized container
carries the 20-years-to-life punishment or a fine of at least $50,000. The
law also states that the theft of any amount of anhydrous is a felony
carrying a punishment of two to 10 years, a maximum fine of $10,000 or both.

State Rep. Clay Pope, D-Loyal, backed the bill on the House side.

Pope said the thefts have become a problem because of easy access and
because "meth has become the cheap drug of choice."

"We thought it was important to make it tougher on those individuals," he
said, "and we wanted to make sure farmers don't get hit with a frivolous
lawsuit from someone who was doing something he shouldn't have been doing
in the first place."

Joe Neal Hampton is president of the Oklahoma Fertilizer and Chemical
Association, which supported the legislation stiffening the punishment to a
felony.

The Stuart Ranch in southern Oklahoma has encountered repeated problems
with anhydrous ammonia thefts. Terry Stuart Forst, ranch manager, said it's
frustrating because she and her employees take necessary safety precautions.

"Then these people take what they want and leave the valves open, leave
hoses detached or steal the hose," she said.