Pubdate: Fri, 25 May 2001
Source: Daily News (KY)
Copyright: 2001 News Publishing LLC
Contact:  http://www.bgdailynews.com/
Details: http://www.mapinc.org/media/1218

STATE METH LAW NEEDS TO BE CLARIFIED

Several judges have ruled the state's methamphetamine law - especially as 
it relates to manufacturing the drug - unconstitutional While efforts by 
law enforcement personnel to control methamphetamine production are 
well-intentioned, it appears there are parts of the Kentucky statute that 
need to be worked out.

Warren Circuit Court Judge John D. Minton Jr., Simpson Circuit Court Judge 
William Harris and Logan Circuit Court Judge Tyler Gill are among several 
jurists who have ruled the state's methamphetamine law, as it relates to 
the manufacturing of the drug, unconstitutional; others have not always agreed.

Contributing to the problem is the fact that ingredients used to make meth 
are legal, making it difficult to prove intent to commit criminal activity. 
While it may never be completely rigid, the law should at least be clear 
enough that citizens will have no difficulty understanding it.

One solution would be the establishment of a more reasonable limit as it 
relates to the possession of legal items that would trigger indications of 
criminal intent.

"Courts and law enforcement officials need guidelines so that we can 
determine when a citizen has crossed the line," Minton said. "I'm concerned 
about the addict - he or she can always make it; they can obtain the 
ingredients without going to the back alley and dealing with some drug dealer."

Considering the common availability of the meth products, disagreement 
between judges and with the rights of citizens in the balance, Minton said 
it is appropriate for the appellate court and Kentucky General Assembly to 
clarify the issue.

"People should be able to know that when one leaves Wal-Mart with a couple 
of bottles of Sudafed, they are OK. If one leaves there with two crates of 
Sudafed, however, they may have some explaining to do," wrote Caldwell 
Circuit Judge Bill Cunningham in his ruling on dismissing a case against a 
defendant charged in a meth case.

As it stands, Kentucky Revised Statutes say a person is guilty of 
manufacturing meth "when he knowingly and unlawfully possesses the 
chemicals or equipment for the manufacture of methamphetamine with the 
intent to manufacture methamphetamine."

The chemicals used to manufacture meth such as coffee filters, 
over-the-counter sinus medication, glass jars, lye, car batteries and 
propane torches all are legal items and can be purchased by persons with no 
criminal intent.

That, said Harris in a court ruling, leaves the door open to "rank 
speculation."

Courts and legislators must work with law enforcement officials not only to 
protect citizens from the arbitrary exercise of government power, but also 
to rid society of the scourge of this addictive and easily-made drug.