BILL ADDRESSES METH PROBLEMS ON SEVERAL FRONTS

The growing availability of methamphetamine, as a result of the clandestine
manufacturing of the drug, has become a serious challenge to local law
enforcement. These "labs" are makeshift operations that use a simplistic
methodology and produce high-quality meth but are extremely unstable and
volatile.

As the quantity of the drug increases, so does the potential for its abuse.
Meth increases crime (particularly violent crime, as unpredictable
aggressive behavior is symptomatic with its use), and its addictive
qualities turn seemingly normal lives into nightmares.

The problem deserves our best collective efforts. Such were the findings of
the governor's drug summit last spring, a comprehensive approach addressing
not only law enforcement, but preventive and rehabilitative efforts as well.

One such initiative is Senate Bill 63, which has passed the Senate and
House. This bill, sponsored by Sen. Robert Stivers with the support of the
Justice Cabinet, would address the problem on a number of fronts.

First, it would limit the availability of pseudoephedrine (which is
converted into methamphetamine in these labs) by restricting the amount
that can be purchased to nine grams (from the current 24-gram limit) and
mandating the drug be dispensed by a pharmacist or pharmacist technician
only. These people would be required to keep an accurate log of all people
purchasing the drug. This record would be subject to inspection by local,
state or federal law enforcement officials.

At a recent hearing on this bill before the House Judiciary Committee, one
member suggested the examination of these records raised Fourth Amendment
issues. It is important to note that similar laws currently in effect
regulate controlled substances (and even hypodermic needles) and allow
officers to make warrantless inspections of those documents. This is not
precedent-setting legislation.

Others suggested this move would restrict locally owned convenience stores
that have no pharmacy from dispensing the drug. Certainly this would
result; however, the intent of the legislation, again, is to limit the
drug's availability. To place it behind the counter of each retail outlet
that carries the commodity would do little, if anything, to hinder those
who currently travel from store to store purchasing the legal limit of
pseudoephedrine until they have amassed sufficient quantities to convert
methamphetamine. Surveillance of such locations by our officers within the
past two weeks alone resulted in 14 people being charged with this illegal
practice. Four were determined to be in possession of meth when arrested,
and two of these people were determined to have prior meth-related convictions.

Also, there is an enforcement issue if this were to be allowed. It is one
thing to periodically inspect all pharmacies in our area, and it is quite
another to visit every single retail outlet that currently dispenses this drug.

Concern has also been expressed by some that this bill would result in
people not being able to obtain these over-the-counter cold remedies after
hours. This bill addresses only hard dose (tablets) containing
pseudoephedrine, not gel caps or liquid medication, neither of which lends
itself to the meth manufacturing process.

Indeed, there has been mention of the "sacrifice" the legitimate consumer
will be called upon to make should these restrictions be implemented. While
there will be some inconvenience to the consumer and perhaps a concession
on the part of our retailers, neither in my opinion constitutes a
"sacrifice." To do so belittles the dignity of the term.

SB63 also calls for enhanced penalties of those people convicted of
manufacturing meth in close proximity to our children. These makeshift
laboratories are extremely dangerous. They emit toxic vapors, poisonous
gasses and are extremely volatile.

SB63 also would allow the prosecution of people deemed to be in possession
of two or more of meth-making ingredients, as long as the intent to make
the drug is present.

Finally, the bill has been amended to contain elements of Attorney General
Greg Stumbo's HB 343, which would regulate Internet pharmacies that sell
drugs, including meth ingredients, to state residents.

Much has been said about what needs to be done about meth. SB63 is evidence
of this administration's resolve to not only do something, but something
that has a proven record of success. Oklahoma passed similar legislation in
2004. Within eight months, the state documented a 50 percent reduction in
meth laboratories.

SB63 is not, nor should it be viewed as a panacea that will eliminate meth
from our communities. It will, however, provide law enforcement with a more
effective means to rid our commonwealth of this menace.