Pubdate: Fri, 27 Jan 2006
Source: Union Leader (NH)
Copyright: 2006 The Union Leader Corp.
Contact:  http://www.theunionleader.com/
Details: http://www.mapinc.org/media/761
Author: Norma Love, The Associated Press
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)

PROPOSAL TARGETS COMMON COLD MEDICINE

Concord - A common cold medicine would be available only by 
prescription under a proposal aimed at controlling methamphetamine 
production in New Hampshire.

Methamphetamine is highly addictive and can cause mental illness and 
physical deterioration very quickly. About a dozen small meth labs 
have been discovered in the state during the past 18 months.

A second measure would create a crime for possessing many commonly 
available ingredients used to make methamphetamine. Prosecutors would 
have to prove the person intended to make the drug. Penalties also 
would be added for harming police and others who respond to a meth lab.

The bill also would create a new felony for making the drug in a 
multi-residential complex, such as an apartment or motel, and allow 
courts to order restitution for costly cleanups of the toxins created 
in "cooking" meth.

Rep. Bill Butynski, D-Hinsdale, told the House Health, Human Services 
and Elderly Affairs Committee on Thursday his bill would require 
prescriptions for "single-entity" pseudoephedrine products, not 
products that combine the chemical with other ingredients.

Pseudoephedrine is one of the chemicals used to make methamphetamine 
and is found in common cold medicines such as Sudafed and Claritin-D.

Butynski said his bill targets single-entity pseudoephedrine 
medicines because they can more easily be used to make 
methamphetamine than combination cold medicines.

Lobbyist Rick Newman said his clients -- 30 independent pharmacies -- 
support the bill as a better alternative to a competing proposal that 
would require that pharmacists keep track of who buys the drug. He 
said pharmacists are concerned they will be held liable if they have 
to check identification and keep logs of drug purchases.

Even if New Hampshire imposes controls, consumers still will be able 
to buy the drug over-the-counter in other states or on the Internet, 
Newman said.

Steven Lapinskas of Nashua urged lawmakers to keep consumers like him 
in mind when they act. He said requiring a doctor to write a 
prescription will increase the price from the $5 it costs now to buy 
over-the-counter to perhaps $100 after factoring in a visit to the 
doctor to get the prescription.

"I ask you to balance the effect on the end user," he said.

Jacqui Abikoff, executive director of Horizons Counseling Center in 
Gilford, took no position on Butynski's bill, but urged lawmakers to 
make access to the drug harder. She said children are stealing 
packages off store shelves and selling them to meth labs in exchange 
for alcohol or other drugs.

"I'd rather be inconvenienced than see our children impacted this 
way," she said.

The New Hampshire Medical Society, New Hampshire Association of Chain 
Drug Stores, Wyeth and New Hampshire Retail Merchants Association 
oppose the bill.

The second bill also proposes making it harder for meth labs to 
obtain needed ingredients to make the drug. It lists 58 chemicals 
that authorities could use as evidence someone intended to make meth. 
Many of the chemicals are available legally, such as iodine, lye and 
drain cleaner.

"Most of us have some of these things around our house," the bill's 
prime sponsor, Rep. Deborah Hogancamp, told the House Criminal 
Justice and Public Safety Committee.

Prosecutors would have to prove someone intended to make meth to get 
a conviction, she said.

Attorney General Kelly Ayotte testified that police need the bill so 
they can shut down meth labs preparing to "cook" up the drug, not 
just those already making the drug. Now, police can't make arrests 
based on those suspicions, she said.

Ayotte suggested applying law to potential labs anywhere, not just in 
buildings.

Ayotte also proposed amending the bill so first-time offenders face 
15-30 years in prison and up to a $500,000 fine whether they are 
caught making the drug or preparing to cook it.

Claire Ebel of the New Hampshire Civil Liberties Union objected that 
innocent people could be charged if they possess the chemicals listed 
in the bill but aren't in the process of cooking meth.

"A lot of this stuff is in my basement," she said.

Ebel said she is concerned an innocent person might be targeted by 
overzealous police. Even if acquitted, the person would have to hire a lawyer.

"You do not need to prove intent to charge," she said.

The New Hampshire Association of Realtors also objected to a 
requirement that people selling their homes disclose to buyers if a 
meth lab had ever been on site. Jeff Keeler said homeowners should 
have a way to certify the property is clean of any toxins.
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MAP posted-by: Beth Wehrman