NEW LAWS MAKE IT TOUGHER FOR METH MAKERS

SANTA FE -- The state's crackdown on methamphetamine production and
sales continues today, as new laws take effect limiting the
availability of pseudoephedrine and toughening the penalties for
trafficking meth.

This is the second time in three years the Legislature has acted to
control the spread of meth in New Mexico. Two years ago, it passed a
bill making it child abuse to manufacture the drug in the presence of
children, and taking the first step to control the ingredients used
meth production.

Herman Silva, the state's drug-enforcement czar, said the new laws
and increased law enforcement attention paid to meth are making a
difference. Silva said he thinks meth use in New Mexico likely peaked
in 2003, but said other statistics, such as drug-related visits to
hospital emergency rooms are still trending upward.

Beginning today pseudoephedrine will require a prescription in Oregon
as the state becomes the first to go that far to keep the pills from
home meth labs. The new law is the strictest among restrictions
passed recently by many states.

While the legislation in New Mexico is targeted at methamphetamine
users and sellers, one of the bills taking effect today could also
have an impact on those simply looking for relief from the sneezes
and sniffles of a common cold.

All cold medications with pseudoephedrine will no longer be available
over the counter. To purchase those products, consumers will now need
to show an ID and sign a log registering their purchase, and will be
limited to nine grams of pseudoephedrine within a 30-day period.

Rep. John Heaton, D-Carlsbad, who sponsored the bill, said any
inconvenience it may cause to customers is more than outweighed by
the positive effects the bill will have in limiting the drug's availability.

"Meth is the number one, without question, scourge in the United
States today," Heaton said. "And this is one step to prevent it."

Heaton noted that surrounding states like Colorado, Texas and
Oklahoma have all passed similar legislation.

"If we don't pass this, we become an island that is a refuge for
people buying pseudoephedrine and making meth out of it," Heaton said.

Dale Tinker, executive director of the New Mexico Pharmaceutical
Association, said his group supports the new law.

"This law kind of matched the federal law that was being discussed at
the time," he said. "Our intent was to remove the products that could
be used locally, so there wouldn't be so many meth Advertisementlabs
in people's houses. And around the country, similar laws have been
very effective in accomplishing that."

Tinker said most pharmacies in New Mexico have already moved products
with pseudoephedrine behind the counter.

"What this does in the pharmacies is it creates a little more
paperwork, a little more hassle at the pharmacy level, but we have
not had any major complaints from consumers, because there are
alternative products available," Tinker said.

A legislative analysis of the bill notes that the drug manufacturing
industry has converted many of the products that contained
pseudoephedrine by replacing it with phenylphrine, another decongestant.

The bill also requires the state Board of Pharmacy to track prices
and ensure that the new controls do not result in a price increase.

The Board of Pharmacy has suggested future legislation targeted at
possession of large quantities of pseudoephedrine. Under its proposed
legislation, quantities exceeding 18 grams would be considered
possession with intent to manufacture and be a fourth-degree felony.

The second bill, sponsored by House Judiciary Committee Chairman Rep.
Joseph Cervantes, D-Las Cruces, puts the sale of methamphetamine on
par with that of other drugs such as cocaine and heroin under the
state's Controlled Substances Act. That means a first-time conviction
will be a second-degree felony, and any subsequent convictions will
be first-degree felonies.

Cervantes said the state has done a good job of busting up meth labs
here, but now more drugs are coming across the border.

"To take the battle to the next level, our focus has to be on
distribution and trafficking," Cervantes said.

The bill, which was originally proposed by Gov. Bill Richardson, also
expands the drug-free school zone law to include private and parochial schools.

"We can do a lot better than telling our kids just say no. We can
make sure they don't have access to drugs at school," Cervantes said.

The Associated Press contributed to this report.