The National Methamphetamine
Drug Conference
Workgroup 6
Precursor Chemical Control: Domestic And International Efforts
PRESENTATION SUMMARIES:
"Toxic Effects of Methamphetamine"
Walter Ling, M.D., Director
The Matrix Institute, Los Angeles, California
The toxic effects of methamphetamine can occur during manufacturing, use, and fetal exposure. During the manufacturing process, the immediate
environment—air, water, soil—may be contaminated. Law enforcement officers working in such an environment are in danger, as are the manufacturers themselves, and even bystanders. Physically, the central nervous system (CNS) shows toxicity through acute and chronic psychosis, stroke, and seizures. Other organs affected, include the heart, lungs, liver and kidneys, will manifest symptoms clinically as acute cardiac arrhythmia and myocardial infarction, pulmonary congestion, chronic obstructive lung disease, and renal and hepatic failure. Exposed fetuses may die in utero, or may experience early- and late-developmental effects.
"The Methamphetamine Control Act of 1996"
Harry Matz, J.D. U.S. Department of Justice, Washington, D.C.
On October 3, 1996, the President signed the Comprehensive Methamphetamine Control Act of 1996 (Meth Act). Criminal penalties for methamphetamine trafficking were not affected by the Meth Act, for practical purposes. When the law and Sentencing Guidelines are taken together, the basic, mandatory-minimum sentences remain:
- 10 grams (pure) = 5 years in prison
- 100 grams (pure) = 10 years in prison
The Meth Act raised the maximum penalty for trafficking in precursor chemicals, and the Sentencing Guidelines implementing the law provide for some increased penalties for precursor trafficking, along the following (simplified lines):
- 2-6 kilos of ephedrine/pseudoephedrine = 5 years
- 20 kilos or more = about 9 years (no quantity can yield a 10-year sentence for a first offense)
The law raised some penalties for selling chemicals or other materials knowing that they would be used to manufacture methamphetamine.
Civil remedies were also added and strengthened. An innovative provision of the Meth Act permits the government to seek a civil penalty of up to $250,000 for sale of a "laboratory supply" (listed chemicals plus other supplies to be specified by the DEA) to a person who uses or attempts to use them to manufacture a controlled substance, where the sale is with "reckless disregard" for the illicit use. The Meth Act also authorized the government to seek additional injunctive and declaratory relief to stop violations.
The Methamphetamine Act also strengthened the DEA's chemical regulatory system by eliminating or narrowing the regulatory exemptions for certain drug products containing the precursor chemicals ephedrine, pseudoephedrine, and phenylpropanolamine. Under the new law, however, a retail sale of a drug product containing pseudoephedrine or phenylpropanolamine is exempt from regulatory requirements if either:
- less than 24 grams are sold in a single transaction, or
- the product is sold in "blister packs" (solid form) or other small package sizes (liquid form).
One year after enactment, the DEA may seek to remove the blister pack exemption and establish a straight, 24-gram retail limit, whatever the form of packaging. To do so, it must find there have been significant and widespread retail-level diversions of the exempted products for the illicit manufacture of methamphetamine or other controlled substances.
"California Enforcement Findings"
Edward Machado, Special Agent
California Bureau of Narcotic Enforcement
The two largest means of acquiring a supply of precursor chemicals for methamphetamine are mail order and retail sales. In California, most pseudoephedrine is purchased on mail-order forms in 60-milligram tablets. California has a precursor act that is important in controlling illegal production.
"International Issues"
William Wolf, Chief of Chemical Operations
Drug Enforcement Administration, Washington, D.C.
All ephedrine, pseudoephedrine and phenylpropanolamine chemicals are imported into the United States; Germany is the biggest exporter of ephedrine, and China and India are the other major exporters of both ephedrine and pseudoephedrine. Taiwan and Japan are the major exporters of phenylpropanolamine. Ephedrine smuggling to the United States comes primarily from Mexico.
Internationally, initiatives include pre-shipment notification where countries tell each other through formal agreements when they are making a shipment. Surveillance lists are developed on an international level. INCB, E.U., OAS and CICAD are working to develop awareness of the dangers of these chemicals and how they arrive in these countries.
The diversion of pseudoephedrine tablets into domestic clandestine labs has replaced much of the ephedrine previously obtained in the international market. We have seen declared legal imports of pseudoephedrine rise from an annual average of 420 metric tons prior to 1994 to 699 metric tons in 1996. Seizures of clandestine labs where pseudoephedrine tablets were the primary precursor rose from 2 in 1992 to 550 in 1996; total meth labs seized by DEA in 1996 rose 169% over 1995. Wal-Mart has stepped up to the challenge and implemented voluntary restrictions on the amounts they will sell to individual customers at a lower level than the law will require in October, 1997. We suggest businesses replicate the Wal-Mart/Price-Cosco initiatives with voluntary controls such as:
- Source tagging where the item "beeps" if not cleared by the cashier.
- Point-of-sale scanning.
- Signs in the stores to promote public awareness.
- Retail clerk education and awareness training.
- Developing liaisons with local enforcement agencies.
- Developing software packaging that tracks purchases and automatically faxes threshold variances to the DEA.
- Reducing the size of the bottles and amount of tablets.
- Reducing the size of stock.
How do we get retail industry to tell us when the trend of purchases changes from one product to another? How do we develop a relationship with them to have an exchange of information on a regular basis? Here are some ideas:
- Funnel information sheets from the DEA through state agencies.
- Work with national and local pharmacy organizations.
- Use conferences to spread the word.
- Identify the legitimate markets.
- Instruct manufacturers on how the products are used and the product origin.
- Build a national lot-number database.
- Provide access to information for local agencies to review and update.
- Add articles about the methamphetamine problem to industry journals.
To target illegitimate suppliers (mail-order suppliers), we can require that wholesalers notify retailers, especially convenience stores, of large shipments or mark each box with a disclaimer (the Office of Alcohol and Beverage Control could notify gas stations and convenience stores since they regulate these retailers). Funding is needed to enforce diversion control. Civil actions to counter rogue businesses can include:
- Requiring retailers to prove legitimacy.
- Developing an enforcement team with expert civil prosecutors.
- Targeting and recording intelligence.
- Increasing training for law enforcement civil agencies.
Discussion—Questions and Comments
- What are your recommendations for improvement at international and domestic levels?
- How can the private sector assist?
- What should the public know about these areas?
International:
- Phenylpropanolamine needs to be subject to the U.N. Convention control.
- We must focus on Mexico to curtail smuggling.
- We should educate Canada about the problems of precursor drugs.
- We need to notify inspectors of repeat offenders and suspicious shipments.
- Precursor chemicals should be a topic for the U.N. meeting.
Domestic:
- It is vital to replicate Wal-Mart and Price-Cosco initiatives.
- We must work in a partnership with legitimate retailers by making suggestions for reducing and controlling stock.
- We should direct the Sentencing Guidelines Commission to evaluate, enhance and increase sentencing for amphetamines.
- The FDA should encourage development of alternate forms of these OTC drugs.
- We need a nationwide notification process when chemical shipments are diverted.
- The pharmaceutical industry needs an educational package about this issue.
- Law enforcement will work cooperatively with any industry or educational entity.
- Can we make a standard to mark the boxes and require proof of legitimacy?
