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.