News (Media Awareness Project) - US OK: Bill Raises State's Hopes In Meth-Supply Lawsuit |
Title: | US OK: Bill Raises State's Hopes In Meth-Supply Lawsuit |
Published On: | 2003-06-19 |
Source: | Oklahoman, The (OK) |
Fetched On: | 2008-01-20 04:05:15 |
BILL RAISES STATE'S HOPES IN METH-SUPPLY LAWSUIT
Attorneys for the state are hoping a measure passed by the Oklahoma
Legislature will strengthen a lawsuit aimed at distributors of
pseudoephedrine, one of the key ingredients in the manufacture of
methamphetamine. In October, Malcom Atwood, then director of the Oklahoma
Bureau of Narcotics and Dangerous Drugs Control, and Attorney General Drew
Edmondson filed a civil lawsuit against six Oklahoma County companies and
two individuals alleged to be major suppliers of pseudoephedrine.
The lawsuit, filed in Oklahoma County District Court that alleged public
nuisance, negligence and civil conspiracy has not moved very far through
the legal system. Several of the defendants named in the 15-page petition
asked the court to dismiss the charges.
The suit named as defendants Beck Services Inc.; Sun Distributing; Stevens
Wholesale; Anna Wholesale; Thinh Quoc Kieu and Snow Kieu doing business as
OK First Stop Inc. and First Stop Wholesale of Oklahoma City; and Moore
Services Inc. of Midwest City.
In December, the court dismissed the case against Sun Distributing and
Stevens Wholesale. In May, District Judge Dan Owens overruled a request for
summary judgment filed by the other defendants.
The lawsuit is the first of its kind in Oklahoma and possibly the first
state civil suit in the nation, Edmondson said.
Elizabeth Sharrock, assistant attorney general in the litigation division,
said the district court is seeking the guidance of Oklahoma's appellate
courts regarding how to proceed with the lawsuit.
A bill passed by the Legislature could help the case, Sharrock said. House
Bill 1326 makes it a felony to distribute large quantities of
pseudoephedrine or phenylpropanolamine knowing that it will be used to
manufacture methamphetamine. Additionally, it gives the attorney general or
the narcotics bureau director the authority to file a civil suit to recoup
investigation and cleanup costs.
"This is the biggest tool we've been given in five years to fight the
methamphetamine problem," said Scott Rowland, the bureau's interim director
and chief legal counsel. "I think it's a good deal and it's going to help
us stop the torrential flow of drugs."
The legislation requires both in-state and out-of-state pseudoephedrine
manufacturers, wholesalers and distributors to obtain licenses from the
narcotics bureau to sell the product in Oklahoma.
Rowland said the licensing requirement will allow law enforcement to
conduct background investigations before issuing a license.
"It also allows for administrative penalties and requires them to maintain
records for three years that are readily retrievable," he said. "This isn't
going to stop the problem of methamphetamine in the state, but it will help
in investigations and give law enforcement another tool."
About 4,100 meth labs were seized statewide from 1996 through June 2002,
according to the agency.
"The cost of meth lab-related law enforcement is about $4 million annually
and Oklahoma spends about $3.3 million each year to clean up these illegal
labs," said Atwood, who retired in April.
Oklahoma ranks No. 4 in the nation for methamphetamine production. Oklahoma
County ranks No. 1 in the nation in per capita meth production.
Attorneys for the state are hoping a measure passed by the Oklahoma
Legislature will strengthen a lawsuit aimed at distributors of
pseudoephedrine, one of the key ingredients in the manufacture of
methamphetamine. In October, Malcom Atwood, then director of the Oklahoma
Bureau of Narcotics and Dangerous Drugs Control, and Attorney General Drew
Edmondson filed a civil lawsuit against six Oklahoma County companies and
two individuals alleged to be major suppliers of pseudoephedrine.
The lawsuit, filed in Oklahoma County District Court that alleged public
nuisance, negligence and civil conspiracy has not moved very far through
the legal system. Several of the defendants named in the 15-page petition
asked the court to dismiss the charges.
The suit named as defendants Beck Services Inc.; Sun Distributing; Stevens
Wholesale; Anna Wholesale; Thinh Quoc Kieu and Snow Kieu doing business as
OK First Stop Inc. and First Stop Wholesale of Oklahoma City; and Moore
Services Inc. of Midwest City.
In December, the court dismissed the case against Sun Distributing and
Stevens Wholesale. In May, District Judge Dan Owens overruled a request for
summary judgment filed by the other defendants.
The lawsuit is the first of its kind in Oklahoma and possibly the first
state civil suit in the nation, Edmondson said.
Elizabeth Sharrock, assistant attorney general in the litigation division,
said the district court is seeking the guidance of Oklahoma's appellate
courts regarding how to proceed with the lawsuit.
A bill passed by the Legislature could help the case, Sharrock said. House
Bill 1326 makes it a felony to distribute large quantities of
pseudoephedrine or phenylpropanolamine knowing that it will be used to
manufacture methamphetamine. Additionally, it gives the attorney general or
the narcotics bureau director the authority to file a civil suit to recoup
investigation and cleanup costs.
"This is the biggest tool we've been given in five years to fight the
methamphetamine problem," said Scott Rowland, the bureau's interim director
and chief legal counsel. "I think it's a good deal and it's going to help
us stop the torrential flow of drugs."
The legislation requires both in-state and out-of-state pseudoephedrine
manufacturers, wholesalers and distributors to obtain licenses from the
narcotics bureau to sell the product in Oklahoma.
Rowland said the licensing requirement will allow law enforcement to
conduct background investigations before issuing a license.
"It also allows for administrative penalties and requires them to maintain
records for three years that are readily retrievable," he said. "This isn't
going to stop the problem of methamphetamine in the state, but it will help
in investigations and give law enforcement another tool."
About 4,100 meth labs were seized statewide from 1996 through June 2002,
according to the agency.
"The cost of meth lab-related law enforcement is about $4 million annually
and Oklahoma spends about $3.3 million each year to clean up these illegal
labs," said Atwood, who retired in April.
Oklahoma ranks No. 4 in the nation for methamphetamine production. Oklahoma
County ranks No. 1 in the nation in per capita meth production.
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