Pubdate: Mon, 27 Dec 2004 Source: Courier-Journal, The (KY) Copyright: 2004 The Courier-Journal Contact: http://www.courier-journal.com/ Details: http://www.mapinc.org/media/97 Note: does not publish LTEs from outside their circulation area Author: Laura Bauer and Harold Adams Series: Meth - A Rising Blight (Part 2A) KENTUCKY, INDIANA SLOW TO REACT TO GROWING THREAT Other States Had Already Limited Drug Ingredients Eleven states, including Missouri and Illinois, limit how much cold and allergy medicine customers can buy, tightening access to the key chemical for making meth. But not Kentucky or Indiana. Oklahoma and Oregon this year began requiring customers to provide identification and sign a log before they buy cold and allergy drugs that contain the chemical pseudoephedrine. But not Kentucky or Indiana. And last year, Missouri cut the number of medicine packages that customers can buy to two per visit, from three. But Kentucky and Indiana do not regulate the purchase of these medications at retail stores, although many limit sales voluntarily. Experts say Kentucky and Indiana have failed to keep pace with other states that have found controlling meth's necessary ingredient is the best way to staunch the drug's spread. Officials from the two states said they have not been ignoring the methamphetamine problem. Instead, they focused on toughening laws for possession and manufacturing. Kentucky legislators, for instance, passed a law in 2002 that made it a felony to possess more than 24 grams of pseudoephedrine with the intent to manufacture. A clerk could be charged with a crime for selling the medication knowing it would be used to make meth. "I think we acted quickly making these penalties harsh for anybody," said Kentucky Sen. Dan Kelly, R-Springfield, who is the majority floor leader and a lawyer with clients battling meth addiction. "I don't think the problem was too slow of a response. I don't think it was an appropriate response. But a lot of that comes from experience," Kelly said. "Until you know what you're dealing with, you don't realize," he said. Indiana House Speaker Brian Bosma, R-Indianapolis, said his state's efforts also focused largely on enforcement. "And that's appropriately so," he said, adding, however, that, "We're looking to alternatives in addition to traditional enforcement to curtail the proliferation." Scott Rowland, chief counsel to the Oklahoma Bureau of Narcotics, said his state learned through disaster that arresting people or educating children is not enough. "Whenever the meth epidemic comes to a state, as long as pseudoephedrine is readily available, you are going to have meth labs," Rowland said. "The less you control pseudoephedrine, the greater your meth problem is going to be. "A lot of people call for education. But who are you going to educate? Are you going to tell the cranksters they shouldn't cook dope and use it?" Other Concerns Limiting Cold Pills Could Create Other Problems Last week, Pfizer Inc. reacted to concern about the meth scourge, announcing it will offer a new version of its cold and allergy medicine Sudafed without pseudoephedrine. Pfizer also will continue to offer the old Sudafed. As Indiana lawmakers study other states' laws limiting pseudoephedrine, they say they are wary of infringing on the public's ability to buy cold and allergy medications, and they wonder about other effects. "It may have the unintended consequence of increasing the number of break-ins, which is also a way that they obtain the precursors for making meth," said Rep. Eric Koch, R-Bedford. Koch is an assistant majority whip in the Indiana House of Representatives and was the leading Republican sponsor of the bill that created the meth task force. Still, Bosma said, "I think we have to look at that option and consider it strongly." Vigo County Sheriff John Marvel, a task force member, said he is not sure such a law would be a cure because meth addicts might travel to states without such restrictions. "All my meth heads have to do is get in the car and drive 10 minutes (to Illinois), and they've got the product again," said Marvel, referring to the ingredients. Trooper Pete Norwood, a spokesman for the Oklahoma Highway Patrol, said that's happening in his state. "They're going across state lines buying a mass quantity of the product," he said. Missouri has led the nation in the number of meth lab seizures since the late 1990s. Last year, the state limited the number of boxes of pseudoephedrine a person can buy at a time to two. "We've been able to stop people at a much earlier level," said Troy Leavitt, the former metro methamphetamine prosecutor in the Kansas City area. The Loopholes Meth Cooks Shop Around To Subvert State Limits But Missouri's law has not worked perfectly. Cooks send people to several stores to shop, Leavitt said. Because of that, Missouri also is looking at adopting the Oklahoma law requiring a log of purchases. Russell Moore exploited the sales loophole when he was making meth. He would shop at department and drugstores across Southern Kentucky, buying only a few boxes of cold and allergy pills here and there, but not enough to draw attention. In about four hours he could buy enough of the key meth ingredient for about 50 grams of the drug, which could keep a person high for about 200 hours. Then he would go about cooking, he said. Three years ago, Moore was caught with several ingredients, including "about 20 packs of pills." He was charged with intent to manufacture methamphetamine, served six months in county jail and completed a treatment program as part of a plea deal. Moore, of Todd County, will be on probation until 2006. Moore, three months into sobriety, marvels that Kentucky has not learned that the key to controlling meth is controlling pseudoephedrine or ephedrine. He said, "They really need to tighten the laws, so this stuff isn't so easy to get." - --- MAP posted-by: Beth