Pubdate: Mon, 06 Jan 2003
Source: The Dominion Post (WV)
Copyright: 2003 The Dominion Post
Contact:  http://www.dominionpost.com/
Details: http://www.mapinc.org/media/1426
Author: Associated Press
Cited: West Virginia Prosecuting Attorneys Association 
http://www.state.wv.us/wvpai/
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)

PROSECUTORS WANT TOUGHER METHAMPHETAMINE LAWS

PRINCETON (AP) -- Tougher penalties for methamphetamine producers and a 
clarification on when drunken drivers must submit to blood tests are on 
county prosecutors' legislative wish list.

The West Virginia Prosecuting Attorneys Association says current state
law covering the manufacture of methamphetamine is broad and isn't
distinguished from the manufacturing of controlled substances like
marijuana.

"The dangers in the manufacture of meth, coupled with the seriousness
of the problem," are reasons the law needs to be updated, said Bill
Sadler, prosecuting attorney for Mercer County and the association's
vice president.

The penalty for manufacturing a controlled substance is one to 15
years and a $25,000 fine. The state penalty for possession with the
intent to deliver and for conspiracy is one to five years in prison.

State officials have said the number of methamphetamine cases in West
Virginia has mushroomed in recent years.

Methamphetamine labs are portable and dangerous because of the
potential of an explosion. Last month, two Lincoln County schools were
dismissed after police discovered chemicals used to manufacture
methamphetamine in a car parked at a nearby convenience store.

The association also wants the Legislature to address permitting
involuntary blood samples from impaired drivers.

The state Supreme Court ruled last year that a suspected drunken
driver can refuse to provide a blood sample. The ruling also said
police cannot obtain a search warrant to test the driver's blood.

"Recent case law has rendered the state's drunk driving statute more
of a hindrance rather than an aid to law enforcement in combating
drunk driving," Sadler said. "As a result of this decision, West
Virginia's drunk drivers are provided with a higher degree of
protection than other criminal suspects. DUI's shouldn't be different
from any other crime."

The Legislature starts its regular 60-day session on
Wednesday.
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MAP posted-by: Richard Lake