DRUG PROPOSAL FACES OBSTACLES

Backers May Withdraw Or Rewrite Bills Designed To Fight Methamphetamine

State legislation that would require ordinary cold medications containing
pseudoephedrine to be put behind pharmacy counters is losing momentum even
as national lawmakers talk about enacting such a policy.

Pseudoephedrine, a widely used decongestant that opens clogged nasal
passages, is contained in such products as Sudafed but is also used
illicitly to make methamphetamine, a widely abused illegal drug known as
"meth."

Dels. Terry G. Kilgore, R-Scott, and Clifford L. Athey Jr., R-Warren, have
signed on to a bill that would require certain pseudoephedrine-containing
products to be sold from behind pharmacy counters.

Opponents of the measure, chiefly retail industry and pharmacy groups, say
a voluntary program launched by the state attorney general's office last
year to detect people who may be buying commonly used products to make
methamphetamine should be given a chance to work first.

Athey said there are discussions about withdrawing the bill or changing its
language. "The spirit of the bill is to try to ensure that
[pseudoephedrine] is not used illicitly," Athey said. "I will support
whatever [Kilgore] decides to do." Kilgore is the bill's chief patron.

The legislation is similar to measures being introduced or already in place
in other states. Oklahoma, for instance, last year enacted such a law that
limits the sales of pseudoephedrine products to behind the counter, limits
amounts that can be purchased during a month's time and requires a
signature and photo identification.

There is national activity as well. Just this week, a coalition of 12
Republican and Democratic senators announced support of legislation to put
certain pseudoephedrine-containing products behind pharmacy counters.

Opponents say such measures inconvenience businesses and customers.

"In some of our stores, you are talking about 200 to 300 products that
would have to be put behind the pharmacy counter, which are often not open
as long as the store is open," said Laurie Peterson, president of the
Virginia Retails Merchants Association. "It's inconvenient to the
legitimate customer."

The association, Peterson said, supports and is a partner in "Virginia Meth
Watch," a voluntary program to detect people buying products to make
methamphetamine.

In the program, store employees are asked to be on the lookout for people
buying suspicious quantities of pseudoephedrine-containing products and
other material used in methamphetamine production, such as drain cleaner
and coffee filters.

If an employee notices something or someone suspicious, they are asked to
take note and fill out a form that is given to law enforcement. The forms
ask for information such as the description of the suspicious person and
vehicle information.

Cash registers may also be coded to block large quantity sales of
suspicious products.

"There is no reason why someone needs three cases of cold medicine," said
Tim Murtaugh, spokesman for Virginia Attorney General Jerry W. Kilgore.