Pubdate: Sat, 25 Jun 2005
Source: Register-Herald, The (Beckley, WV)
Copyright: 2005 The Register-Herald
Contact:  http://www.register-herald.com/
Details: http://www.mapinc.org/media/1441
Author: Bob Kiss

NEW 'BEHIND THE COUNTER' METH BILL KICKS IN JULY 1

During the 2005 regular session, many of the bills adopted were declared
effective 90 days from passage. That means many pieces of legislation passed
in the final days of the 60-day session will become effective during the
next week. One of those bills is Senate Bill 147, which limits the purchase
of substances used in production of methamphetamine, the very dangerous and
addictive drug that is becoming all too common in rural areas.

Not only can the drug destroy lives, the process of producing it is
hazardous and has resulted in explosions.

The new legislation, the Methamphetamine Reduction and Safe Streets Act,
will require that the over-the-counter substances that are used in high
volume to manufacture the drug are now sold behind a pharmacist's counter.

Any drug product containing as its single active ingredient ephedrine,
pseudoephedrine, phenlypropanolamine is required to be placed behind a
pharmacy counter in a controlled and locked access location and is subject
to inventory control standards. Consumers purchasing these products must be
18 years of age, produce a valid photo ID, sign a form that would contain
the date of the transaction; their name, address, driver's license number;
and the name and amount of the product purchased.

Pharmacies, wholesalers, manufacturers and distributors of drug products
containing as their single active ingredient ephedrine, pseudoephedrine,
phenlypropanolamine, are required to obtain a registration annually from the
state Board of Pharmacy and keep complete records of all sales and
transactions.

The Bureau for Medicaid Services and the Workers' Compensation Commission is
to have access to the information kept by the state Board of Pharmacy.

The bill adds any compound, mixture or preparation containing as its single
active ingredient ephedrine, pseudoephedrine or phenylpropanolamine to the
list of Schedule V controlled substances. This means that altering a cold
medication to isolate the ingredient ephedrine, pseudoephedrine or
phenylpropanolamine, results in the manufacture of a Schedule V drug, which
is a drug that is highly addictive and with no beneficial use.

The purchase of drugs that contain as their single active ingredient
ephedrine, pseudoephedrine or phenylpropanolamine is limited to 3 packages
up to a maximum of 9 grams in a thirty day period. A first offense violation
on this limitation would be a misdemeanor with jail time of up to one year,
a $1,000 fine or both. A second or subsequent offense would be a felony and
carry a one-to-five-year sentence, a $25,000 fine or both.

This does not apply to products intended for pediatric use, products
determined by the Board of Pharmacy to be in a form unamenable to be used
for the manufacture of methamphetamine, or those persons who are allowed by
law to possess drug products.

Also created is the crime of intent to manufacture methamphetamine if a
person is in possession of a significant amount of ephedrine,
pseudoephedrine, or phenylpropanolamine. There are exceptions to this for
distributors, wholesalers, manufacturers, pharmacists, pharmacy technicians,
health care professionals and a person who has a prescription. A violation
of that is a felony that carries with not less than two nor more than 10
years of jail time, a $25,000 fine or both. An additional penalty is created
if first responders are injured at a location where a meth lab is located.

Medical, dental and mental health professionals must report any injuries
that they suspect are related to the production of methamphetamine. A
knowing and intentional failure to report is a misdemeanor and carries a
maximum fine of $100, imprisonment of up to 10 days, or both.

The manufacture and use of methamphetamine in West Virginia is a growing
problem. It is the Legislature and administration's hope that by limiting
the sale of these ingredients, which on the surface seem harmless, we will
curtail this dangerous practice.

- - Contact House Speaker Kiss, D-Raleigh, by phone: (304) 340-3210; by
writing: Office of the Speaker, Room M-228, Building 1, Capitol Complex,
Charleston, WV 25305; or by e-mail:  ---
MAP posted-by: Josh