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STRONGER PENALTIES PROPOSED FOR METH PRODUCTION IN PRESENCE OF CHILDREN

OKLAHOMA CITY ( cnhi ) -- Methamphetamine production has become a statewide epidemic evidenced by the growing number of laboratories discovered by law enforcement agents.

The latest effort to deter the criminal activity is through tougher penalties for those who produce methamphetamine around children.

SB 1172, by Sen.  Kenneth Corn, D-Poteau, and Rep.  Glen Bud Smithson, D-Sallisaw, prohibits the manufacture of meth in the presence of children.

Smithson said chemicals used in the production of methamphetamine were dangerous to the health of children and the bill was an attempt to discourage illegal manufacturing of the drug while children were present.

Smithson admitted, however, that most of the people who were under the influence of this drug would not likely be discouraged by the language in this measure.

"I don't honestly and truly believe it will deter them a bit," Smithson said.

What the bill could provide, Smithson said, is a stiffer penalty that might serve as a deterrent for future abuse and production of methamphetamine.  The bill calls for a violation of this section to result in a felony "punishable by imprisonment for not more than four years in the State Penitentiary or by the imposition of a fine of not more than $5,000," or both.

Corn said many children found in meth labs had tested positive to exposure for methamphetamine.  He said the bill was designed to protect the children from this exposure.

Concerns about the constitutionality of the proposal came up in subcommittees in both the Senate and the House, including in the House Appropriations and Budget Subcommittee on Public Safety and Judiciary on Monday.

Smithson said there were also concerns about the new language dealing with the manufacturing of the drug within 2,000 feet of a school, park, recreation center, housing project or child care facility.

The concerns were that the penalties - imprisonment of not less than 10 years nor more than life and/or a fine not to exceed $200,000 - were in conflict with language approved last session.  Smithson said the new language could be changed to match up with current penalties.

The measure was approved by the House subcommittee and will now advance to the full House Appropriations and Budget Committee, which is scheduled to meet on Wednesday.