Pubdate: Tue, 18 Nov 2003
Source: Jefferson Post, The (NC)
Contact:  http://www.jeffersonpost.com/
Details: http://www.mapinc.org/media/1771

LEGISLATURE MUST ACT ON METH LABS

The ball is now in the court of the General Assembly.

When the legislature returns to Raleigh later this year, the special 
session agenda must be expanded to allow the passage of tougher laws on 
meth labs. Until Nov. 7, there was the possibility an existing law could be 
applied to meth lab operations. Earlier this year, District Attorney Jerry 
Wilson, who serves in the 24th District, announced he would prosecute 
several meth lab operators under a post-9/11 law covering weapons of mass 
destruction.

On Nov. 7, the first case went to trial, and Superior Court Judge James 
Baker threw out the charges based on this particular law, holding the 
weapons of mass destruction category did not include meth labs. Wilson has 
appealed the decision, but the future of his attempt appears very much in 
doubt. Baker's decision makes it critical that the legislature act before 
next year's short session-which won't even open until May. Law enforcement 
must have the tools to protect the public.

The present law, which treats "cooking" meth the same as growing pot is 
obviously inadequate. If you don't believe that, read Mary South's letter 
(on this page), telling firsthand of what a meth lab did to her son, Deep 
Gap volunteer firefighter Darien South. What happened to him could happen 
to any of us-law enforcement, fire and rescue personnel or an average 
citizen-who was unlucky enough to encounter someone making meth. Some 
letter writers, responding to our earlier calls for such legislation, have 
argued against tougher laws. For us, the bottom line is simple: a person 
behind bars or in court-ordered rehabilitation is not making meth. To turn 
them loose, over and over again, because the law does not fit the crime, 
endangers the public to an unacceptable degree.

There is no constitutional right to endanger the health and safety of 
others. At present, it is the mountain counties that are facing the biggest 
challenge from meth labs. Last year, Watauga County alone accounted for 20 
percent of the labs uncovered in the state.

There is no question, however, that meth labs will spread across North 
Carolina, probably quickly.

As one prosecutor put it at the recent three-state meeting in Jefferson, 
"If you don't have meth labs already, you will soon." The time to prepare 
is now. If the legislature has time to come into session to once more 
battle over redistricting and then come back to pass a tax break for RJR, a 
private company, surely it can find time to act to protect our law 
enforcement officials and firefighters, as well as our communities. As Mrs. 
South suggests, a letter, e-mail or call to Sen. Foxx and Rep. Wilson would 
be very appropriate.
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MAP posted-by: Beth Wehrman