Pubdate: Tue, 22 Mar 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: Mannix Porterfield
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)

SENATE REJECTS NEW CRIMES IN METH MEASURE

CHARLESTON -- Senators agreed Tuesday to limit access to cold and sinus 
medicine in an effort to combat methamphetamine production, but refused to 
create new crimes for cooking the drug or toting ingredients in its recipe 
near schools.

In a rare 17-17 tie, the chamber rejected Senate Minority Leader Vic 
Sprouse's effort to impose a 5-to-20-year prison term for making meth 
within 1,000 feet of a school.

"The problem is, near schools, it's close enough that an explosion may 
hurt, maim or kill multiple children," Sprouse, R-Kanawha, contended.

Even exposure to fumes from a meth lab could waft into playgrounds, 
sickening children at play, Sprouse said.

Kanawha County has become "the meth capital" of the state and "it's 
unbelievable, the spread of this terrible, terrible plague on our county," 
the senator said.

While some rural pockets haven't experienced the societal ill, Sprouse 
quoted law enforcement chiefs as saying, "It's coming your way."

While the amendment is "well-intentioned," Judiciary Chairman Jeffrey 
Kessler, D-Marshall, said laws exist to deal with actual distribution.

Creating a "disproportionate sentence" for making it near schools while 
meth distribution is only a 2-to-5-year term would also exacerbate prison 
overcrowding, he maintained.

Sprouse countered his amendment was suggested by law enforcement officials 
and that it wasn't disproportionate to create a deterrent as a means of 
protecting children.

All 13 Republicans voted for the amendment, along with four Democrats -- 
Shirley Love, Fayette County; Dan Foster and Brooks McCabe, both of 
Kanawha; and Mike Oliverio of Monongalia.

Sprouse lost on a 15-19 tally a proposed amendment to create a new felony 
with a five-year sentence for exposing first responders stumbling unaware 
into a meth lab.

Again, Kessler objected, first by maintaining bodily injury wasn't defined.

Secondly, the former assistant prosecutor argued no other drug manufacture, 
such as crack cocaine, is covered by such a law.

"Maybe we should look at it across the board for all levels of all drug 
activity," he suggested.

Sprouse countered that meth production poses "very serious consequences" to 
police and firefighters.

A third amendment, this one failing on a 10-24 count, would have imposed a 
5-to-20-year term for possessing ingredients with intent to make meth 
within 1,000 feet of a school.

Simple possession would entail an enhanced term of 2 to 10 years and a 
maximum fine of $25,000.

"You might be carrying some Sudafed in your pocket and technically, under 
the amendment, it could create a crime," Kessler said.

The bill limits sales of Sudafed and other medicines with pseudoephedrine 
to 9 grams, or three packets, within a 30-day period.

Over-the-counter sales would be outlawed, making such drugs accessible only 
via a pharmacist or pharmacy technician.

Kessler's panel amended the original bill so that two other components in 
making meth -- anhydrous ammonia and iodine -- likewise are brought under 
more rigid controls.

Cleared on a 34-0 vote, the bill now heads to the House.

Gov. Joe Manchin called for action to deal with the burgeoning meth problem 
in West Virginia in his State of the State message.
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MAP posted-by: Jay Bergstrom