The Joplin Globe, Joplin, MO

Local News

April 25, 2012

Okla. anti-meth bill criticized as ’step backward’

OKLAHOMA CITY — A measure intended to reduce methamphetamine manufacturing in Oklahoma by tracking sales of a key ingredient in the stimulant is like “a step backward,” a spokesman for the Oklahoma Bureau of Narcotics said.

And OBN Director Darrell Weaver said Wednesday that the bill’s further limiting of the amount of the ingredient, pseudoephedrine, that a customer is allowed to purchase would do little to stop people from buying medicine containing it, then selling it to meth cooks, a practice known as “smurfing.” Pseudoephedrine is a common component is some cold and allergy pills.

The bill calling for an electronic system to connect Oklahoma with other states that use the system track sales of drugs that contain pseudoephedrine has passed the state House on an 82-5 vote and Senate by a 46-1 margin. It is awaiting final approval in the House before being sent to Gov. Mary Fallin.

The bill calls for “real-time” electronic tracking of the sales of pseudoephedrine, which narcotics bureau spokesman Mark Woodward said has been done in Oklahoma since 2006.

“We are already doing that,” Woodward said. “All that bill does is change the name of it and takes a step backward.”

Weaver called the OBN’s system “arguably the best” tracking system in the nation.

The House author of the bill, Rep. David Derby, R-Owasso, said the legislation adds to what is now in place.

“The tracking system we have in Oklahoma does not track sales across state lines,” Derby said. “We don’t have the ability to track those.”

Derby said the system is now being used in 21 states and that anyone convicted of methamphetamine-related offenses would be banned for 10 years from purchasing medicines containing pseudoephedrine.

The bill also reduces the amount of pseudoephedrine-containing medication such as Claritin-D or Sudafed that a customer is allowed to purchase from 9 grams per month to 3.6 grams per day and 7.2 grams, roughly three boxes, every 30 days.

Megan Freedman of Midwest City, who said she and her husband both suffer allergies that require prescription-strength medication, said current law that requires people to show a government-issued ID to make the purchase is already onerous.

“When you have a legitimate prescription for a medication that has pseudoephedrine in it and you need to pick up for more than one person in the family, they won’t let you have it. You have to go get the other person and have them come and buy it,” Freedman said.

Anyone convicted of a methamphetamine-related offense or over-possession of pseudoephedrine would be placed on a registry and prohibited from purchasing pseudoephedrine. The person’s name could be removed from the registry upon completion of any sentence, probation or parole requirements.

The legislation comes after earlier efforts to pass a bill, supported by law enforcement and prosecutors, to require a prescription for pseudoephedrine failed. The state’s pharmacy and medical associations and the pharmaceutical industry opposed the prescription requirement on the grounds that it would too greatly inconvenience law-abiding citizens.

“I am disappointed,” Weaver said about the failure of efforts to require a prescription for the medications. “But by the same token I’m optimistic. We’re going to work with the Legislature.

“I think anytime there’s an effort to cut into the methamphetamine manufacturing process I think it’s a positive thing. I’ve learned in my 25 years that you embrace anything you can get.”

Derby said he spoke with pharmacists, physicians and consumers about the prescription requirement and found strong opposition. He said he’s confident his bill will clear the House and be sent to the governor.

The governor has not taken a position on the bill, according to her spokesman, Alex Weintz. Derby said he has not spoken to Fallin about the measure.

“If it comes to her desk she’ll review it carefully with her staff and legal counsel. Right now it’s too early to comment on it,” Weintz said.

 

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