Pubdate: Tue, 02 Jan 2001
Source: Dallas Morning News (TX)
Copyright: 2001 The Dallas Morning News
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ARKANSAS BILL WOULD LIMIT COLD-DRUG SALES

FAYETTEVILLE, Ark. ­ Arkansans will have to make a little more effort when 
they need to stop sniffling and sneezing if proposed legislation passes the 
General Assembly this year.

Among proposed bills in the Assembly is a measure that would knock certain 
cold medicines off store shelves and make them available only through 
pharmacies. The idea is to remove those with ingredients used to make the 
illegal drug methamphetamine ­ namely, ephedrine and pseudoephedrine.

Rep. Jan Judy, D-Fayetteville, is proposing the legislation, one of many 
measures for legislators to deal with after the session begins Monday.

Consumers wouldn't need a prescription for products containing the two 
chemicals. But they would have to be older than 17, show ID to a pharmacist 
and sign for the products. Pharmacists would be required to record 
purchases and limit how much a person could buy within 48 hours.

Drug police like the measure, saying such a law would allow them to track 
suspicious purchases and discourage meth makers from buying the restricted 
products.

Critics say such a law would inconvenience and anger legitimate consumers 
and burden already overtaxed pharmacists in the state.

"Say you've got a family of three who has a cold," said Nancy Bukar, a 
lobbyist and attorney with the Consumer Healthcare Products Association.

"The mother goes to the convenience store and wants a nighttime product for 
herself, a daytime product for her husband who works and a pediatric 
product for the baby. Already, she's reached the three-box limit," she said.

Drug manufacturers are strongly opposed.

"Some people have concerns," Ms. Judy acknowledged. "But there's been 
support from many legislators who believe that most citizens would be 
willing to give up a little convenience in order to help curb the 
methamphetamine problem in our state."

State Drug Director Bill Hardin wrote in supporting the legislation that 
meth production has reached nearly epidemic proportions in Arkansas.

Arkansas leads the nation in the number of meth labs seized per capita in 
1999 with 544, according to the federal Drug Enforcement Administration. 
State Crime Laboratory officials estimate the number of meth labs seized in 
Arkansas in 2000 will exceed 800, the DEA said.

Law enforcement officials say meth makers are mostly using pseudoephedrine, 
which is illegal to possess only if police have evidence it would be used 
to make the drug.

"Unless you have a confession or something else like paraphernalia to show 
intent to manufacture, you can't prosecute," said Dale Weaver, 
administrator for the 16th Judicial District Drug Task Force in Batesville.

The bill doesn't recommend how much of cold products customers should be 
allowed. But some in law enforcement want to limit consumers to purchasing 
24 60-milligram tablets in a 48-hour period.

But Anne Hines said the proposal poses problems for rural customers. Hines 
is executive vice president of the Arkansas Oil Marketers, a trade 
organization for convenience stores and truck stops.

"Our concern is that in some rural areas, one of our stores may be the only 
store that's open," Ms. Hines said. "We're concerned our legitimate 
customers won't be able to access these products in the middle of the night 
when they really need them."
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