MISGUIDED EFFORT

We concur with District Attorney Jerry Wilson's concern over the spread of
methamphetamine labs in this region, without agreeing with his latest effort
to stop them. Earlier this week, Wilson filed charges of two counts of
manufacturing a nuclear or chemical weapon against Martin Dwayne Miller, 24,
of Todd. This was as a result of his arrest on charges of operating a meth
lab. The new charges come under the relatively new weapons of mass
destruction law. This law defines a chemical, biological or nuclear weapon
as "any substance that is designed or has the capability to cause death or
serious injury and...is or contains toxic or poisonous chemicals or their
immediate precursors." The intention of the law, of course, is to prosecute
terrorists who seek to make weapons of mass destruction. This portion of the
law is so broadly written that Wilson might not be alone in seeking to
prosecute people under its terms.

For example: A throat cancer victim could demand RJR or Philip Morris be
prosecuted under the WMD law as cigarettes clearly have "the capability to
cause death" and contain "toxic or poisonous chemicals." A family whose
child is poisoned by a household product could also demand prosecution of
the manufacturer or even the supermarket. This list could be extended-which
hopefully will not happen. While the letter of the law may leave the door
open for the state to prosecute an alleged meth lab operator under this law,
the intention of the law shows how inappropriate it is. The WMD law was
created to attack terrorists. The victims of terrorists do not choose to be
harmed by them. The law as written was intended to punish those caught
creating such weapons, or to provide additional charges in the event they
actually used them. The users of methamphetamine chose to do so voluntarily.
In doing so, they make a tragic decision that may result in their death or
addiction. Wilson in addition argues that the remnants of the harmful
chemicals used to produce methamphetamine remain long after the process is
complete. But under this rationale, any polluter who has left toxic
substances at a site may be prosecuted as a terrorist.

The matter is extremely serious, but the law is not really a good fit. The
General Assembly needs to act to toughen laws against methamphetamine labs,
which pose a serious threat to public health and safety. This is a
relatively new and rapidly growing problem in the state, and Raleigh needs
to be proactive in facing it. But stretching an anti-terrorism law to deal
with an entirely different kind of societal problem is not the answer.