LOOPHOLE IN METH LAWS COULD BAR FAIR PROSECUTION

Last February, at Rip's One Stop, just across the DeKalb County line
in Cherokee County, undercover officers caught owner Rip Van Davis,
64, and his daughter, Lisa Davis King, 38, conspiring to sell key
substances used in making methamphetamines.

The case was tried by a U.S. district court, and the two were
sentenced in February to spend almost six years in prison.

Though the Davis's were successfully prosecuted, some lawmakers in
Montgomery want to make sure that in cases like the Davis case, a
loophole contained in the state code cannot be used to let retailers
off the hook who knowingly contribute to the manufacture of
methamphetamines.

The loophole involves a segment of Section 20-2-190 of the Alabama
code that exempts pharmacists and other employees who sell medicines
containing precursor substances of meth, which are ephedrine and
pseudoephedrine, over the counter. The current law does not specify
that the seller of the drug can still be prosecuted if they have
knowledge of the substance or substances' use.

Senate Bill 385, sponsored by President Pro Tempore Lowell Barron,
D-Fyffe, would amend the code "to specify that the exception provided
for prescription and over-the-counter products for products containing
a precursor chemical would not apply if possessed with knowledge or
intent that the substance will be used in the unlawful manufacture of
a controlled substance."

Barron is also sponsoring two other bills dealing with the arrest and
prosecution of those engaged in the manufacture of methamphetamines,
ensuring that offenders cannot use loopholes to avert
prosecution.

Ben Baxley, chief deputy district attorney for DeKalb and Cherokee
counties, assisted District Attorney Mike Odell in working with Barron
and other legislators to draft the bills.

Baxley said so far no one has used the loopholes, but Barron and
others wanted to make sure it would not happen in the future.

Senate Bill 380 would further define laws dealing with those in
possession of ephedrine and pseudoephedrine with intent to manufacture
meth, making it illegal to have a single precursor substance.
Technically, wording in the existing law only outlawed the possession
of more than one precursor substance.

"It created another potential loophole for meth cooks to escape
liability," Baxley said.

Senate Bill 386 would clarify a law requiring offenders to pay
restitution, or compensation, to the victims of their crimes. In
SB386's amendment, meth lab operators must pay for the cleanup of the
lab upon conviction.

The current law gives a judge the power to decide whether the offender
pays the costs, and in recent years, the COPS grant has served as a
backup if the judge decides against fining the offender. However, in
preparation of possible budget problems nationwide, Baxley said the
state needed to be prepared for a cut in the funds.

"That funding source may be drying up and in hopes of keeping that
money around as long and so it was necessary to clarify the law that
someone convicted of a drug offense should and would be required to
pay the cost of cleaning up the meth lab," Baxley said. "Budget grants
like this are indefinite - statewide and nationwide."

Janet Mayo, communications director for Barron, said in DeKalb and
Cherokee counties alone, 400 meth labs have been busted in the last
two years. Because of the large numbers of cases the state has seen,
she said, Barron and others saw it as a top priority to modernize
state laws dealing with the drug.

"We have seen our courts flooded with meth cases," she said.
"Methamphetamine cases statewide have grown to epidemic proportions."