A look at legal issues

Methamphetamine's spread has driven the creation of new laws at the state and national levels by legislators trying to find ways the government can deal with the drug's use, production and distribution.

In Arkansas, the state's General Assembly this year enacted four laws aimed at curbing methamphetamine use. In 1997 lawmakers made it unlawful to possess ephedrine, pseudoephedrine or phenylpropanolamine -- all ingredients of meth production -- if a person had the intent to make the drug. It is also unlawful to have more than 5 grams of ephedrine regardless of the intent, unless the person has a doctor's prescription.

On the national level, federal prosecutors are just this year able to take advantage of harsher penalties and other legislative changes to strengthen existing methamphetamine laws.

Still more are being considered.

It's not just government making changes. Some retailers have placed limits on some over-the-counter drugs that can be used in meth production. For example, Wal-Mart Stores Inc. implemented a policy in October 1996 limiting the sale of certain cold, cough and diet products to six per person. The products affected contain pseudoephedrine or phenylpropanolamine.

If a customer tries to buy more than six, the cash register "flags" or alerts the cashier to the attempted sale, said Wal-Mart spokesman Jessica Moser.

"The policy doesn't inconvenience our good customers," Moser said. "We find they understand and even support our efforts to take a stand against this."

ARKANSAS LEGISLATION

The Arkansas Methamphetamine Lab Act -- Act 1268 of 1999 makes possessing ingredients for methamphetamine with the intent to "manufacture" the drug a felony. Under the act, a convicted person must serve at least 70 percent of his sentence.

In 1997, "manufacturing" meth was added to a short list of crimes that fall under the "70 percent rule." Originally created for murder, rape, aggravated robbery, causing a catastrophe, kidnapping and arson, the rule requires people convicted of those crimes to serve at least 70 percent of their prison sentence before becoming eligible for parole. Meth is the only drug on the list.

Act 909 of 1999 -- Prohibits possessing anhydrous ammonia, a chemical used to make meth, in any container that doesn't comply with federal regulations. Illegal possession was a misdemeanor, but Act 909 makes it a felony.

Act 1483 of 1999 -- Sponsored by Rep. Randy Laverty, D-Jasper, this bill authorizes Arkansas counties bordering other states to form multijurisdictional drug enforcement groups with agencies in adjoining counties in those states. The act does not mention methamphetamine, but Laverty has said that drug is what he hoped to combat through the legislation.

"They're making it hot for them [meth cookers] in Missouri and guess where they're going -- across the border into Arkansas," Laverty said in March.

Act 298 of 1999 -- An appropriations bill, this act allocated $26,976 in federal money for each of the next two years to train drug task force officers for the state's military units and provide statewide symposiums on methamphetamine abuse.

FEDERAL METH EFFORTS

Comprehensive Methamphetamine Control Act of 1996 -- The federal government's biggest attempt to control methamphetamine trafficking and production was sponsored by U.S. Sen. Dianne Feinstein, D-Calif. Her state was the first in which illegal methamphetamine use became popular and remains a major source of the drug.

The 1996 act increased penalties for the making, distribution and possession of meth and the chemicals used to make it. The act also required products containing pseudoephedrine, a key ingredient of meth, to be sold only in blister packs with the notion that would make it harder to acquire large amounts. Stores must also report large-volume sales.

Penalty increases -- The most significant change in federal law this year lowered the quantity of methamphetamine someone must be proven to have to receive a mandatory federal prison sentence.

Speed Trafficking Life in Prison Act of 1998 -- Increased penalties for the production, distribution and use of methamphetamine to bring them more in line with penalties for crack cocaine.

Drug Free Communities Act of 1998 -- The act offers federal money to communities to educate residents about methamphetamine and other drugs.

Ashcroft amendment to the Veterans Affairs/Housing and Urban Development appropriations bill -- The amendment prohibits housing aid from going to people convicted of manufacturing methamphetamine.

Drug-Free Century bill -- Now pending in the U.S. Senate, the drug bill includes two provisions specific to methamphetamine. The bill directs the Federal Sentencing Commission, which sets federal sentencing criteria for crimes, to increase the minimum sentence for "manufacturing" meth in cases where it creates substantial danger to another person. The language is designed to deal with the dangers of meth labs and their cleanup.

Secondly, the bill would require the Drug Enforcement Administration to develop a plan for the speedy cleanup of meth labs and provide sufficient money to cover the costs.

The DEFEAT Meth Bill of 1999 -- Another bill that pushes for tougher penalties for meth, it authorizes $30 million in fiscal 2000 for the Drug Enforcement Administration to implement a comprehensive plan to target meth; allocates $25 million in fiscal 2000 for extra funding to High-Intensity Drug Trafficking Areas; adds $25 million for meth prevention efforts; requires resources to be targeted to rural areas; adds to the list of chemicals considered "precursors" to methamphetamine production that could result in criminal penalties; and criminalizes the possession of meth paraphernalia. Congress is considering the bill.

Comprehensive Methamphetamine Abuse Reduction Bill -- This bill is aimed at paying for meth abuse prevention and treatment programs, increasing penalties for offenses, targeting federal resources to high-intensity drug trafficking Areas and increasing scientific research for treating meth addiction.

The bill also directs the Department of Health and Human Services to convene a national conference on meth and directs the U.S. attorney general to develop a comprehensive plan to combat meth.

Upcoming Events