MARION PROSECUTORS APPEAL METH LAW RULING

Officials Say Many Drug Cases In Limbo

JASPER, Tenn. -- Prosecutors here on Tuesday appealed last week's
ruling by Marion County Circuit Court Judge Thomas Graham dismissing
30 cases of promoting methamphetamine manufacture, officials said.

"It's a matter of serving (legal papers) to the folks involved," said
David McGovern, an assistant district attorney for the 12th Judicial
District. "A hearing is likely months away."

After hearing challenges last week to the "promotion provision" of
the Meth-Free Tennessee Act, Judge Graham dismissed charges against
30 defendants who had bought more than 9 grams of pseudoephedrine,
methamphetamine's precursor drug, over a period of time.

"If the court were to permit the State to aggregate purchases over an
indefinite period of days and locations in order to meet the more
than nine gram minimum, this section (of the law) would become
unconstitutionally vague," Judge Graham wrote in his opinion.

"The clear meaning (of the law) as applied to these cases requires
evidence of a (emphasis by the judge) purchase by a defendant which
exceeds nine grams of an immediate methamphetamine precursor.

"Since no such proof exists, the indictments, even if amended, must
fail," he wrote.

Mr. McGovern said he disagrees with the judge's opinion.

"Let's say somebody goes to a CVS and buys 4.8 grams then goes to the
Jasper Wal-Mart and buys another 4.8 grams on the same day," he said.
"Why may we not aggregate that? That's the issue we have with the court."

Phil Condra, the public defender in the 12th District, said Judge
Graham's ruling was "solid," and that the law must be applied to
single purchases of pseudoephedrine to be valid.

Mr. Condra said Judge Gra-ham earlier had rejected a challenge to the
constitutionality of the state law.

"But he held (that) the way to uphold the law and keep it
constitutional requires a very strict reading of the statute," Mr. Condra said.

He said the statute that deals with promoting methamphetamine
manufacturing doesn't include a 30-day limit on the amount of
pseudoephedrine a person can buy.

"That is critical to the ruling," Mr. Condra said.

Judge Graham had a footnote in his ruling which states: "The thirty
day period (of pseudoephedrine purchases) is an arbitrary period
established by investigators."

Mr. Condra said another provision of the law limits the amount a
pharmacy may sell to an individual in a 30-day period.

Marion County Sheriff Ronnie "Bo" Burnett said Tuesday the ruling has
"set us back temporarily."

"I'm hoping the legislature will amend the law and make it more
clear," Sheriff Burnett said.

Marion County Detective Chad Johnson said the ruling already has had
a chilling effect on efforts to develop cases charging people with
promoting methamphetamine manufacture.

"We had 50 cases exactly like (the ones dismissed) that we were going
to the grand jury with this month," Detective Johnson said. "Because
of Judge Graham's ruling we didn't pursue it.

"They would only get shot down," he said.