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