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.
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MAP posted-by: Larry Seguin