Pubdate: Fri, 29 Jul 2005 Source: Oregonian, The (Portland, OR) Copyright: 2005 The Oregonian Contact: http://www.oregonlive.com/oregonian/ Details: http://www.mapinc.org/media/324 Author: Jim Barnett Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine) FEDERAL METH Stripped Of Language That Would Override Tougher State Laws, The Bill Heads For A Full Senate Vote WASHINGTON -- A plan to move cold medicines behind the drugstore counter cleared a key Senate panel Thursday when members agreed to strip language overriding stronger state laws aimed at curbing methamphetamine use. The concession clears the way for Oregon, and potentially other states, to require prescriptions for cold medicines containing pseudoephedrine, the popular decongestant that is the essential ingredient in meth. Known as the "Combat Meth Act of 2005," the bill would target domestic meth producers who buy or steal cold medicines in order to extract pseudoephedrine. In addition to putting cold medicines behind the counter, the bill would limit quantities sold to individuals and require buyers to provide identification. The measure passed unanimously on a voice vote from the Judiciary Committee on Thursday. It now goes to the full Senate for a vote. An identical bill introduced by Rep. Roy Blunt, R-Mo., is pending in the House. Drug makers and store chains had supported the bill in part because it would create a single, nationwide standard for cold medicine sales. But the bill's chief sponsors, Sens. Jim Talent, R-Mo., and Dianne Feinstein, D-Calif., said they ultimately had to side with states that wanted to be tougher than the federal law. "I respect businesses that feel they haven't done anything wrong," Talent said at a Capitol Hill news conference. "But there's no other choice if we're going to stop meth cooks." The bill is one of several anti-meth measures that have gained traction in Congress this summer as members have reacted with alarm to the drug's rapid spread across the nation's heartland and into East Coast states. House takes international tack While the Senate bill attacks local production of meth in "home labs," two House bills would tackle the larger problem: the international flow of pseudoephedrine that is fueling meth "superlabs" in Mexico. Most of the meth consumed in the United States is produced in superlabs run by drug cartels. One House measure, for example, would cut foreign aid to countries that fail to track international shipments of bulk pseudoephedrine. Another requires the State Department to work with Mexico on imports of pseudoephedrine and smuggling of finished meth into the United States. The Senate's bill was modeled after laws in Oklahoma and Iowa that are considered the toughest in the nation on controlling access to cold medicine. But it stalled earlier this month when senators from those states objected to the portion that would pre-empt state laws. Sen. Tom Coburn, R-Okla., said he objected because officers from his state feared their law would be weakened. The state's governor, Brad Henry, sent a letter to Feinstein explaining local concerns about federal pre-emption. "Such a caveat will make it much easier for the big pharmaceutical companies to redouble attempts to dilute the restrictions in the future," Henry wrote. "As you know, the pharmaceutical industry wields considerable influence on Capitol Hill." Coburn remained at loggerheads with Talent and Feinstein until shortly before a committee work session Thursday morning. But after the sponsors agreed to strip the pre-emption clause, the bill won unanimous support. "We won," Coburn said in a brief interview. "Oklahoma's law is going to stand." Wyden, Smith support bill Sens. Ron Wyden, D-Ore., and Gordon Smith, R-Ore., issued a joint statement supporting the bill. "Federal legislation is desperately needed to confront the country's growing methamphetamine crisis, but it should not restrict Oregon's ability to protect the health and safety of their citizens as we see fit," Wyden said. Talent said his bill originally was intended to set the highest possible standard for states. The only way states could place tighter controls on sales would be to require a doctor's prescription for cold medicines containing pseudoephedrine. The Oregon Legislature is considering taking such a step. Gov. Ted Kulongoski supports the measure and urged other states to do the same, even though it would disadvantage law-abiding consumers. "It's an epidemic, it's a crisis," Kulongoski told reporters in Salem. "I hope the other states will look at Oregon and emulate what we've done." Talent and Feinstein said they hoped the full Senate could pass their bill shortly after Labor Day, and they said administration officials had expressed support. But the bill still could face stiff opposition from industry at any point in the process. Mary Ann Wagner, a regulatory expert with the National Association of Chain Drug Stores, said her group had not yet taken a position on the revised bill but said that members were "initially very disappointed." Meanwhile, the Consumer Healthcare Products Association, which represents manufacturers, definitely will oppose the amended bill, said Elizabeth Assey, a spokeswoman. "We favor placing these products behind the counter," she said. "We think that that is a better solution than requiring a doctor's visit and a prescription for consumers who genuinely need these medicines." But Feinstein said she thought momentum was on her side. Rather than fight new restrictions on cold products containing pseudoephedrine, drug makers more likely would begin using substitutes that cannot be converted to meth. Pfizer already has introduced Sudafed PE, which uses phenylephrine instead of pseudoephedrine. Phenylephrine cannot be converted to meth in home labs. Some retail chains also have asked manufacturers of their generic cold medicines to switch to phenylephrine. "It's a clear signal to the pharmaceutical industry to begin producing cold medicines without the precursor chemicals that can be easily removed from these pills and made into methamphetamine," Feinstein said. "I think the time has really come for the industry to listen and understand that there is a big problem out there from these cold medicines." Michelle Cole of The Oregonian staff contributed to this report. - --- MAP posted-by: Larry Seguin