METH LAW A PAIN TO STORE OWNERS

A new Crossville city ordinance controlling the sale of products containing
an ingredient used in the manufacture of methamphetamine has some store
owners upset.

The business owners said they support efforts to control the sale of
ephedrine, pseudoephedrine or phenylpropanolamine, but do not agree with
the limiting access to products containing a combination of active ingredients.

"My employer has probably 300 SKUs in combination. There is no way we can
pull all those out and put them behind the counter," said a member of the
group of retailers and pharmacists that met Tuesday morning. "You don't
understand how many products that is. You go down my cough and cold aisle
and there isn't going to be anything left. If it was single-entity, I could
support you."

Crossville Police Chief David Beaty said, "We have an epidemic in
Cumberland County and the Upper Cumberland area in the manufacture of meth."

Beaty said the city had modeled its ordinance after a state law state Sen.
Charlotte Burks attempted to pass in the General Assembly, and after a city
ordinance approved in Cookeville earlier this year.

"I know there is slight inconvenience with having to keep a register or log
of people that are purchasing this stuff. We're not trying to be intrusive
and find out who is buying it for the common cold. We're trying to do it as
a deterrent to these people [using it to manufacture meth]," Beaty said.

Beaty said the ordinance included any product containing one of the three
drugs as an active ingredient. Members of the audience reported
Cookeville's ordinance, however, only included products that had ephedrine,
pseudoephedrine or phenylpropanolamine as the only active ingredient, a
single-entity product.

Beaty said it was necessary to include combination products because the
ephedrine could still be extracted. The ordinance states, "any product
containing ephedrine, pseudoephedrine or phenylpropanolamine whether as the
sole active ingredient or in combination products that have less than
therapeutically significant quantities of other active ingredients, shall
require such person to show proper identification and to sign a register."

A representative from Wal-Mart said the Cookeville store had pulled
single-entity products off the self, along with a few other products that
were being stolen. "We know what is being taken and we've taken those off
the shelves," said the representative.

Renee Yuen, a business attorney with Dollar General Corporation, said, "We
respectfully disagree that we have to keep a register of all the products.
In Cookeville, we've been keeping one on single-entity products. That is
all the police department requires us to keep. If your ordinance reads
exactly like the Cookeville ordinance, we're just confused about the
difference."

City Attorney Kenneth Chadwell said, "Their [the city council's] intent is
to enforce it beyond the single-entity."

Chadwell said the council could modify the wording to make it clear they
intend the ordinance to apply to combination products as well.

Bob Mitchell, of Mitchell's Drug Store, said the Tennessee Pharmacy
Association would be proposing legislation in the General Assembly to make
products containing ephedrine, pseudoephedrine or phenylpropanolamine
schedule III drugs. A prescription would then be required to purchase
anything containing one of the three ingredients.

"We think that will take care of it," Mitchell said.

Mitchell said in his store, if a customer attempted to purchase more than
three boxes of one of the products, he asked what they were going to use
the products for.

"Observation is the best thing in the world," Mitchell said.

Joesph Larry, of Dollar General, said, "You can accomplish what you're
trying to accomplish dealing with only the sole active ingredient."

The ordinance that was finally approved by the city council in September
was not as strict as the city originally wanted. The final ordinance
removes an age restriction, allowing people under the age of 18 to purchase
the products, and increases the amount allowed to be purchased at one time
from 48 tablets or 2 grams to 100 tablets or 3 grams. A concession was also
made in not requiring liquid forms of the products to be controlled,
because it was very difficult and costly to extract the drug from the
product, Beaty said.

"They would have to buy a thousand dollars of liquid to get $150 to $200
worth of meth. I don't have a problem leaving that on the shelf because I
don't think they're going to buy it," Beaty said.

Under the ordinance, retailers are required to remove the products from
customer accessible shelves, unless the products are within six feet of a
register. Customers wishing to purchase the products will be required to
show photo identification and to sign a log. The retailer is required to
record the specific quantity of the product and record the person's name
and address, as well as the date of purchase. The employee conducting the
sale is also required to sign the log. Stores must retain logs for three years.

A member of the group asked why the city council had not consulted with
store owners before passing the ordinance.

Beaty said a committee, consisting of retailers, pharmacists and store
owners, had worked on the ordinance, and had originally wanted an ordinance
that was more strict than that finally passed.

John Selby, owner of the Minit Chek convenience store, asked, "Do you think
the city council would back up and reword the ordinance to just include the
single-entity and allow us to sell these other drugs without treating these
people like common criminals?"

Chadwell said, "I know there is frustration and some practical problems to
roll this thing out.

"I'm sympathetic to what you're saying, but you're going to have to address
this to the council members. We've got a law that's written and our only
choice is to enforce it. If you want to change it, write letters and call."
Chadwell said he would relay the issues raised by the group to the city
council.

Selby suggested the pharmacists and retailers put together a petition and
present it to the council as soon as possible.

"No one has a problem with the single-entity products being controlled,"
Selby said. Beaty said the police department would begin checking for
compliance to the ordinance Nov. 1. If a clerk is found to not be keeping
the log or checking for identification, the fine is $50 per instance,
payable by the clerk.