MEDICINE SALE LIMITS EXPLORED

Ingredients: Bill aimed at slowing down makers of methamphetamine

Methamphetamine makers would have a little harder time acquiring a key
ingredient for the illegal drug under a bill considered by the Senate
Judiciary Committee.

The measure targets retail sales of decongestants such as pseudoephedrine,
commonly found in many over-the-counter cold and allergy medicines and used
in 85 percent of the meth made in Kansas.

Kyle Smith, an agent with the Kansas Bureau of Investigation, said the bill
"contains the best answers that we've been able to come up with, at least
of the solutions that don't require additional, massive resources."

"The meth problem is enormous, deadly and growing," Smith told the
committee Friday. The panel took no action on the measure.

Last year, a record 846 meth labs were seized in the state, up from 702 in
2000, the KBI reported. Kansas ranks fourth nationally in meth production.

The bill limits to three the number of packages of cold and allergy
medicine that can be sold at one time if they contain ingredients like
pseudoephedrine. Three packages amount to 288 tablets with 30 milligram
tablets -- enough for a family of four to take four pills a day for two
weeks, Smith said.

"Until we get control of the basic precusor's availability we will never
stop the meth lab problem," he said.

A similar measure failed in 1999, largely because of opposition from retailers.

Opposition remains, despite language to protect retailers from prosecution
if they train employees about state and federal rules about pseudophedrine
and similar drugs.

Speaking against the bill was Marlee Carpenter, Kansas Retail Council
executive director. She said some Kansas retailers already limit such sales
of such medicine or put them where they can be watched.

"We feel that package limits should be encouraged, but not mandated by the
state," she said.

Carpenter said similar laws in others states haven't worked because people
steal the packages or go to several stores to get around the limit.

"Where there is a will, there is a way," she said.

The bill would also prohibit sales of drugs containing certain
methamphetamine ingredents when the seller has reason to believe that the
buyer plans to use it to make meth.

Another section of the bill redefines arson to include an accidental fire
started by a meth maker. Because of the chemicals used, meth labs
frequently explode and burn.

Currently, if the state fire marshal determines a fire was started by a
meth lab, it is listed as accidental and the report is available to public.
If it is an arson investigation, such records are closed.

"The suspects would have access to these reports. The availability of these
reports could hamper the criminal investigation," said Rose Rozmiareck,
director of investigations for the state fire marshal.