Pubdate: Fri, 23 Nov 2001
Source: Messenger-Inquirer (KY)
Copyright: 2001 Messenger-Inquirer
Contact:  http://www.messenger-inquirer.com
Details: http://www.mapinc.org/media/1285
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)

DRUG MANUFACTURING LAW MUST BE MORE SPECIFIC

Law enforcement got somewhat of a boost last week when an appellate court 
ruled that a person has no right to posses chemicals or equipment -- 
otherwise legal products -- if the intent is to use them to make an illegal 
substance.

But the process itself, not to mention the wording of the court's ruling, 
should concern legislators to the point that addressing the state's 
manufacturing methamphetamine statute should be a top priority when the 
General Assembly convenes in January.

Questions arose when a Caldwell County circuit judge ruled a portion of the 
state's manufacturing methamphetamine law unconstitutional, because he 
considered it too vague.

The section in question allows law enforcement to charge an individual with 
manufacturing methamphetamine -- a Class B felony punishable by 10 to 20 
years in prison -- if that person is found to be in possession of 
components for a meth lab. This includes legal items such as Sudafed, 
lithium batteries and drain cleaner.

The appellate court, in a ruling written by Judge Paul Gudgel, found the 
law to meet constitutional standards but agreed the law is so vague that it 
cannot be enforced.

The ruling will have major ramifications for Daviess County and much of 
western Kentucky. Since the law was strengthened in 1998, law enforcement 
has used the possession provision as one of its most effective ways to 
combat the spread of methamphetamine.

And despite fears that innocent people would be charged for having legal 
products, there has been little, if any, evidence to believe law 
enforcement has abused the provision.

The making of meth, particularly in this area, is a clandestine process. 
Only rarely does law enforcement come upon an active lab where 
methamphetamine is actually being produced. That's why it's so important 
that the possession provision be preserved.

Consider the largest meth stockpile believed to have ever found in 
Kentucky. In February, detectives from the Daviess County Sheriff's 
Department found 300 gallons of anhydrous ammonia, about 275,000 
pseudoephedrine pills, thousands of lithium batteries and 40 cases of 
ether-based starting fluid in a storage unit. But there was no meth 
actually being made.

In order to shut down these one-stop shops for meth ingredients, law 
enforcement needs the ability to wave the heavy stick of the manufacturing law.

There has been talk that legislators will introduce a bill that would limit 
the availability of the ingredients used to make meth. While that may be an 
option at some point, first lawmakers should focus on those who already 
have the products and plan to use them for illegal activities.

Judges are essentially saying that current law should be made more 
specific, outlining how much of these legal products must be possessed in 
order to prove intent to manufacture.

If legislators don't listen, the struggle to rid the region of 
methamphetamine is only going to get tougher.
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MAP posted-by: Beth