WEAPONS CHARGE UNCONSTITUTIONAL

The manufacturing of methamphetamine does not create a weapon of mass
destruction, Superior Court Judge James L. Baker ruled Nov. 7.

Baker dismissed 15 cases against Watauga County individuals charged with
the manufacture of a chemical weapon of mass destruction, and said that
North Carolina General Statute 14-288.21 is unconstitutional on its face
and unconstitutionally applied to methamphetamine manufacturers.

As a result, several of the accused were able to make bail. The accused
still face methamphetamine related charges.

Earlier this year, the District Attorney's office began charging
individuals found with methamphetamine laboratories with the B1 felony of
manufacturing a nuclear, biological or chemical weapon of mass destruction
in violation of N.C. statute 14-288.21, in addition to charges already in
place for methamphetamine crimes.

In a July press release, District Attorney Jerry Wilson said the statute
was in response to the growing number of methamphetamine laboratories in
the area and expressed concern that the existing statute for dealing with
methamphetamine laboratories was "insufficient."

Immediately following Baker's decision, the District Attorney's office
appealed the ruling to the North Carolina Court of Appeals.

"The District Attorney's office argued strenuously during the hearing in
favor of the constitutionality of the statute as passed by the
legislature," Wilson said.

"I believe Judge Baker's ruling is incorrect," Wilson said.

According to the District Attorney's office, the WMD statute applies to
methamphetamine producers because the process of "cooking" methamphetamine
creates toxic and potentially explosive chemicals, endangering the lives of
not only neighbors but also of law enforcement and firefighters who may
respond.

According to the Watauga Democrat, Wilson said that N.C. Attorney General
Roy Cooper has agreed to argue the appeal of Baker's ruling in court.

Pending the appeal, the District Attorney's office is now looking at
charging methamphetamine cooks with charges of improper disposal of
hazardous material, a Class C felony, according to the Watauga Democrat.

Several attorneys defended the accused.

"I believe the judge's ruling was absolutely correct," defense attorney
Eric Eller said.

"We argued [that the WMD statute] was so vague as to lend itself to an
interpretation of things it was clearly not intended to cover," he said.

Defense attorney Vince Gable said: "I think [DA Wilson] is sincere in what
he's trying to do, but he's going about it in the wrong way. This law has
to be addressed in the legislature."

"[Judge Baker] was loyal to the law," attorney Scott Casey said. "He wasn't
going to wait for a higher court to decide."

Casey said that although District Attorney Wilson lost this case, he would
eventually succeed. These cases will encourage the state legislature to
change the laws regarding methamphetamine, he said.

"There should be a more severe punishment," Casey said.