SENATE REJECTS NEW CRIMES IN METH MEASURE

CHARLESTON -- Senators agreed Tuesday to limit access to cold and sinus
medicine in an effort to combat methamphetamine production, but refused to
create new crimes for cooking the drug or toting ingredients in its recipe
near schools.

In a rare 17-17 tie, the chamber rejected Senate Minority Leader Vic
Sprouse's effort to impose a 5-to-20-year prison term for making meth
within 1,000 feet of a school.

"The problem is, near schools, it's close enough that an explosion may
hurt, maim or kill multiple children," Sprouse, R-Kanawha, contended.

Even exposure to fumes from a meth lab could waft into playgrounds,
sickening children at play, Sprouse said.

Kanawha County has become "the meth capital" of the state and "it's
unbelievable, the spread of this terrible, terrible plague on our county,"
the senator said.

While some rural pockets haven't experienced the societal ill, Sprouse
quoted law enforcement chiefs as saying, "It's coming your way."

While the amendment is "well-intentioned," Judiciary Chairman Jeffrey
Kessler, D-Marshall, said laws exist to deal with actual distribution.

Creating a "disproportionate sentence" for making it near schools while
meth distribution is only a 2-to-5-year term would also exacerbate prison
overcrowding, he maintained.

Sprouse countered his amendment was suggested by law enforcement officials
and that it wasn't disproportionate to create a deterrent as a means of
protecting children.

All 13 Republicans voted for the amendment, along with four Democrats --
Shirley Love, Fayette County; Dan Foster and Brooks McCabe, both of
Kanawha; and Mike Oliverio of Monongalia.

Sprouse lost on a 15-19 tally a proposed amendment to create a new felony
with a five-year sentence for exposing first responders stumbling unaware
into a meth lab.

Again, Kessler objected, first by maintaining bodily injury wasn't defined.

Secondly, the former assistant prosecutor argued no other drug manufacture,
such as crack cocaine, is covered by such a law.

"Maybe we should look at it across the board for all levels of all drug
activity," he suggested.

Sprouse countered that meth production poses "very serious consequences" to
police and firefighters.

A third amendment, this one failing on a 10-24 count, would have imposed a
5-to-20-year term for possessing ingredients with intent to make meth
within 1,000 feet of a school.

Simple possession would entail an enhanced term of 2 to 10 years and a
maximum fine of $25,000.

"You might be carrying some Sudafed in your pocket and technically, under
the amendment, it could create a crime," Kessler said.

The bill limits sales of Sudafed and other medicines with pseudoephedrine
to 9 grams, or three packets, within a 30-day period.

Over-the-counter sales would be outlawed, making such drugs accessible only
via a pharmacist or pharmacy technician.

Kessler's panel amended the original bill so that two other components in
making meth -- anhydrous ammonia and iodine -- likewise are brought under
more rigid controls.

Cleared on a 34-0 vote, the bill now heads to the House.

Gov. Joe Manchin called for action to deal with the burgeoning meth problem
in West Virginia in his State of the State message.