Relates to including certain doses of pseudoephedrine as a controlled substance

Summary of provisions

Section 1 amends § 3306 of the public health law by adding a new paragraph providing 120 milligrams or more of pseudoephedrine as a schedule II controlled substance.

Section 2 provides that the addition of pseudoephedrine to the list of schedule II drugs does not apply to a wholesale drug distributor licensed and regulated by the New York Board of Pharmacy and Registered with and regulated by the United States DEA Such distributors are exempt from storage, reporting, recordkeeping, and physical security control requirements for schedule II controlled substances containing pseudoephedrine

Section 3 provides the effective date.

Justification

Methamphetamine is an extremely dangerous, highly addictive drug classified as a Schedule II stimulant. Users experience a "rush" that is believed to be a result of the release of very high levels of the neurotransmitter, dopamine. Chronic meth abusers exhibit violent behavior, anxiety, confusion, insomnia and psychotic features including paranoia, aggression, visual and auditory hallucinations, mood disturbances and delusions. Such paranoia can result in homicidal or suicidal thoughts. Meth can elevate body temperatures to lethal levels and cause convulsions or cardiovascular failure.

Over the past 13 months, the North Country has seen a dramatic rise in the number of reported illegal meth labs. In 2014 there were 18 (1.5 per month average) meth lab raids in St. Lawrence County. However no reported labs were raided in 2013. During the previous 14 years only 8 total raids were reported. If current trends continue for 2015, we can expect approximately 60 labs this year. Seven labs were already seized as of February. Surrounding counties are seeing similar increases.

This dramatic increase can be largely credited to a new method of production known as the One-Pot or Shake and Bake Method. The Shake-n-Bake" or "one-pot" method refers to the process that meth can be produced. Cooks use a single container, typically a two liter soda or juice bottle, to complete all steps necessary to produce meth. This also allows the "lab" to be mobile.

Pseudoephedrine is the primary key ingredient used to make meth. Pseudoephedrine, ephedrine or phenyl l-2 propanone are the only ingredients that cannot be substituted in the manufacture of meth. Basically, pseudoephedrine (C10H15NO) is methamphetamine (C10H15N) with one extra molecule, oxygen, The process to remove oxygen from pseudoephedrine and transform the chemical into meth requires a mixture of ingredients such as Coleman Fuel or Lighter Fluid, Ammonium Nitrate (cold pack beads), Drano crystals or lye and lithium Lithium

is extremely volatile and burns when it comes into contact with moisture, This essentially creates a flame thrower inside a plastic jug used to produce the meth.

Another part of the manufacturing process is "gassing off" This process creates a chemical reaction using an acid and a salt solution to create hydrogen chloride. This is extremely toxic, corrosive and flammable. Exposure to hydrogen chloride can cause permanent injury or death.

The potential for disaster with this process is obvious. Producers of meth are not using controlled environments for this chemical process. They are "cooking" in homes, apartments, motel rooms, cars, and even businesses. The St. Lawrence County sheriff's department investigated a house fire in December 2014 that is believed to be the result of a meth lab explosion. There has been an abundance of other evidence of meth lab fires throughout the county which have gone un-reported.

The major difference with meth, in comparison to other controlled substances, is that it is being manufactured in our communities through a process that is extremely dangerous. These labs pose significant public safety and health risks as well as financial burdens to local, state and federal agencies. The toxic chemicals and solvents can result in fiery explosions and expose property and people, including children, to contaminates that are dangerous and costly to remove.

This bill makes high levels of pseudoephedrine a schedule II controlled substance. By keeping the key ingredient out of the hands of meth producers, the legislature can help end this crisis. Meth lab incidents in states that have implemented electronic tracking systems have not declined. However, both of the states implementing this type of legislation have seen significant drops in reported meth labs. Reportedly, meth labs in Oregon dropped 63% and meth labs in Mississippi dropped 66%. Additionally, although Missouri has not implemented a state wide law, many municipalities have. These communities have seen reductions of about 50%. As of November 2013, pseudoephedrine was available by prescription only in 18 cities in Tennessee. Those cities reported a 69% drop in meth production.

This change, however, does not apply to a wholesale drug distributor licensed and regulated by the New York Board of Pharmacy and Registered with and regulated by the United States DEA. Such distributors are exempt from storage, reporting, recordkeeping, and physical security control requirements for schedule II controlled substances containing pseudoephedrine. Methamphetamine hurts not only individual abusers, but families, neighborhoods and entire communities as well. Crime is often associated with meth production and use in the form of burglaries, larcenies, assaults or even murders. Addicts need money to obtain meth or the ingredients to make meth and often turn to crime to fund their addiction. Innocent children are also victims of meth use. Children are often neglected by parents that are meth producers or abusers and the toxic environment of meth labs can cause brain damage, respiratory issues, burns or even death. Environmentally, meth can have a tremendous negative impact due to the toxic chemicals used to make meth. The toxic waste produced as a result of the manufacturing process, streams, rivers, fields,

backyards, sewage systems and buildings can be contaminated and even made unusable or uninhabitable.

As a result of their toxic nature, meth labs also pose a serious physical danger to law enforcement officers. Labs must be handled using special protective equipment and require training that is costly to law enforcement agencies. Not only are investigators risking resistance of the occupants upon entering a building, they are also risking the physical dangers of the lab. Meth lab cases can cost departments thousands of dollars per lab in man power alone not to mention clean up and hazardous waste removal, equipment, specialized training and incarceration.

By making 120 milligrams or more of pseudoephedrine a schedule II controlled substance the number of meth labs in New York State will be significantly reduced. With fewer meth labs in operation, meth related tragedies will decline. Furthermore, law enforcement costs will be significantly reduced, residual environmental clean-up costs will be abated, and lives will be saved. It is essential that this bill is enacted.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment, and/or any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such effective date.