COLD CASE

Why the Feds Want to Know If You Have a Stuffy Nose

The days of dashing into the local pharmacy between sneezing fits to
grab a box of tissues and a package of decongestant -- hoping to
escape before your cold germs have a chance to glom onto innocent
bystanders -- are over.

New laws regulating the sale of many popular cold medicines mean
you'll have to spend a little time at the pharmacy counter and provide
proof of who you are.

The idea behind the new routine is to deter anyone from using large
quantities of pseudoephedrine -- found in decongestants and cold
medicines -- to make methamphetamine, an illegal and highly addictive
drug.

Consumers in Vermont will no longer be able to buy anything containing
pseudoephedrine over the counter, and pharmacies will keep a log book
to track who buys the medicines.

The federal and state laws go into effect at the end of this month.
Many of the larger drugstore chains have already started logging
pseudoephedrine sales and keeping the products behind the counter.

But some smaller, independent drugstores are waiting for the Sept. 30
deadline. Pharmacist Tim Luneau at Harry's Discount Pharmacy in Berlin
said staff there have moved the product behind the counter but haven't
started keeping track of who buys it.

He said the law befuddles him. "It's not too complicated. But it's
silly that we have to watch old ladies take home every little bit of
Sudafed."

We asked some questions about the laws, their purpose and how they
will be implemented in Vermont. The answers are drawn from the
legislation itself, the state Health Department and pharmacists around
the state.

Why is government now regulating products with pseudoephedrine?

Pseudoephedrine in large quantities can be mixed with other
ingredients to make methamphetamine, a dangerous and addictive
stimulant. The use of methamphetamine across the country has been on
the rise, and it is often "cooked" in small homemade laboratories.
According to the National Institute on Drug Abuse, methamphetamine is
closely related chemically to amphetamine, but produces greater
effects on the central nervous system. The drug's euphoric effects are
similar to but longer lasting than those of cocaine.

Prolonged abuse of the drug can cause cardiovascular and psychological
damage.

What products contain pseudoephedrine?

Many brand-name and generic cold medicines use the drug as a
decongestant. Popular brands such as Sudafed, Contact and some forms
of Nyquil all contain it. The drug has a stimulant effect on the body,
which helps clear sinus and nasal passages.

Will I need a prescription now for these medicines?

No, but you will have to ask the pharmacist for the product. The new
laws require these medicines to be kept behind the counter.

How will pharmacies track pseudoephedrine?

People buying pseudoephedrine products will have to show photo
identification, and their name and address will be recorded in a log,
which they must sign. Drugstores are free to design their own system
for gathering the information, such as an individual form the buyer or
pharmacist would fill out, or a list that would show the names and
addresses of other recent buyers.

What happens with this log?

According to the Vermont Department of Health, the log is kept by the
pharmacy, and any state police officer or drug enforcement agent can
review it at any time. No warrant, probable cause or suspicion of a
particular individual is necessary. Pharmacies are required to keep
the logs for three years.

How much pseudoephedrine can I buy?

The state law prohibits pharmacies from selling more than 3.6 grams to
any one person in a calendar year. An average package of generic
decongestant has about 0.72 grams, so you could buy five packages of
generic decongestant a year. Name brands and some other generics may
differ in concentration, so take a look at the labels before buying.

It's up to individual drugstores to check the log to make sure they
don't sell too much to any one person, which can bring a fine of $100
for a first offense and $500 for later offenses. Customers aren't to
be penalized no matter how much they buy.

How effective have these laws been in combating methamphetamine
production?

The results have been mixed. In Oklahoma, the first state to enact a
similar law, 659 meth labs were discovered in 2004. In 2005, after the
law went into effect, that number dropped to 217. But in Alabama,
according to newspaper reports there, a law similar to Vermont's has
not had a measurable effect.

The U.S. Drug Enforcement Administration says methamphetamine is not
commonly available in Vermont. The DEA reports that three meth labs
have been discovered here, the most recent in 2005.

Some opponents of the new laws argue that most meth is now coming into
the country from large labs in Mexico and South America and say the
federal and state laws will have little impact.