BILL LIMITS SALE OF COLD MEDICINES USED TO MAKE METH

Legislature Approves Measure Putting Pseudoephedrine Behind
Counter

Madison - By the time the next flu season inevitably rolls around, you
might have to do a little advance planning when you start to feel a
stuffy nose or sore throat coming on.

That's because the Legislature passed a bill Tuesday that would limit
the sale of over-the-counter cold medicines that include a principal
ingredient for making methamphetamine.

If Gov. Jim Doyle signs it as expected, the measure would radically
change the way cold medicine is bought and sold in Wisconsin by making
it harder to purchase drugs with pseudoephedrine and by limiting the
number of products on the shelves.

Under the bill, a person could buy about five boxes of standard
caplets in a month but would have to show a photo ID and have the sale
documented by a pharmacist, who would be required to keep most cold
medications behind the counter.

"(Consumers) are going to have to go in knowing there aren't going to
be as many choices," said John Sutter, a pharmacist and owner of
Marshland Pharmacy stores in Horicon and Mayville.

Customers will have to ask more questions, but pharmacists are
preparing to make more consultations for such drug purchases, he said.

Heavy support in the Legislature Tuesday - a 33-0 vote in the Senate
and a 92-6 vote in the Assembly - signals the widespread realization
that the problem is a dangerous, and costly, one for the state.

Methamphetamine, or meth, is a highly addictive drug that is
troublesome because it can easily be made in home laboratories with
relatively inexpensive ingredients and because its production poses
serious environmental threats.

According to state figures, meth cases reported in Wisconsin nearly
quadrupled from 83 in 1999 to 314 in 2003, and involuntary placements
for treatment for methamphetamine use reached 347 in 2003, up from 194
in 2001.

Doyle said Tuesday that he would likely sign the bill because it would
prevent bulk purchases by those who manufacture methamphetamine.

"It's a very serious problem, and one we cannot allow to catch hold in
this state in any greater degree," he said, comparing it to crack
cocaine, which in the late 1980s and early 1990s "devastated
communities in this state."

"I hope we learned the lesson, and we're ready to really make sure
that we stand up and work very, very hard on methamphetamine to make
sure it doesn't gain any further inroads into Wisconsin," Doyle said.

Rep. Kitty Rhoades (R-Hudson), one of the bill's authors, said the
measure should dramatically reduce the meth problem at "minimal
inconvenience" to consumers.

Some lawmakers disagreed but failed in their effort to amend the bill
and make sales less restrictive. Such a move would have made it easier
for consumers to purchase drugs during off hours, when a pharmacist
might not be on duty.

"For the 99.9 percent of consumers who buy this product for legitimate
use, it's going to be an inconvenience," Brandon Scholz, president of
the Wisconsin Grocers Association, said of the bill that was passed.

The bill to restrict sales of products that include pseudoephedrine
would:

* Require products with pseudoephedrine to be sold behind a
pharmacist's counter. This includes products in which pseudoephedrine
is combined with other ingredients but exempts those in liquid or
liquid gel cap form.

* Restrict the amount sold to one person in a 30-day
period.

* Require buyers to show a photo ID to purchase the
drugs.

* Mandate that pharmacists maintain a log book of sales.

* Prevent retailers from selling products with pseudoephedrine to
those younger than 18.

The bill also would stiffen rules about what constitutes possession
with intent to manufacture methamphetamine.

Tougher measures elsewhere

Lawmakers are looking over their shoulders at Iowa and Minnesota,
where even stricter measures are making their way into law.

Without this measure, "Wisconsin would be a haven for those who are
using grocery stores at their convenience for making meth," Sen.
Robert Jauch (D-Poplar) said.

Tom Engels, spokesman for the Pharmacy Society of Wisconsin, said it
won't make business sense for pharmacists to offer the "wall of
products" that are now available to consumers. They wouldn't have room
behind the counter, nor would it be easy for customers to choose from
a wide range of options, he said.

Still, that doesn't mean people won't be able to purchase the cold and
allergy medicine they need, Engels said. Pharmacists will probably
just limit the number of products to those most often requested by
customers. Also, products that include pseudoephedrine in liquid form,
such as syrups or gel caps, will still be on the shelves in all stores.

Those products are excluded because, so far, they're not as easily
used to make meth. If that changes, the state's Controlled Substances
Board could restrict the way they're sold, as well.

Oklahoma was the first to put such a law on its books and hasn't had
any problems, said Mark Woodward, spokesman for the Oklahoma Bureau of
Narcotics and Dangerous Drugs.

"The doom and gloom stories of driving two hours in the middle of the
night for sniffles - people aren't doing that," Woodward said. "The
only people who are really inconvenienced are meth cooks who need 600
to 1,000 pills to cook an ounce."

The number of meth labs also has dropped. In March 2004, before the
bill became law, Oklahoma seized 104 meth labs; by March 2005,
seizures were down to 10.

The Wisconsin bill wouldn't entirely solve the meth problem. It would
still be possible for someone to go to from store to store to purchase
the drug in the allowed quantities or to buy it over the Internet. The
Legislature may have to close those loopholes later, said Engels of
the Pharmacy Society.

Attorney General Peg Lautenschlager said the measure is a good start
but warned that lawmakers must deal with other aspects of the problem,
including protecting children endangered by meth production and making
sure law enforcement has proper resources for fighting the problem.

"I hope that the Legislature doesn't simply declare victory and go
home in addressing the meth problem," Lautenschlager said.