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Anti-Meth Legislation Passed
posted March 30, 2005

Nashville — Governor Phil Bredesen, Lieutenant Governor John Wilder and House Speaker Jimmy Naifeh today signed into law comprehensive legislation designed to combat methamphetamine manufacturing and abuse in Tennessee.

“Today represents a major milestone in the war on methamphetamine,” Bredesen said before signing the Meth-Free Tennessee Act of 2005. “These new measures will give law enforcement more of the vital tools they need to fight this deadly drug. I appreciate the General Assembly’s rapid response in addressing this problem that affects all of Tennessee.”

Today’s bill signing occurred quickly following the legislation’s final approval in the House and Senate late Monday. The bill, which saw unanimous support at every step of the legislative process, was the product of intense study conducted last year by the Governor’s Task Force on Methamphetamine Abuse. The legislation was handled by legislative members of the Task Force, including Senators Charlotte Burks and Randy McNally and Representatives Charles Curtiss and Les Winningham. The legislation also was carried by Senate Minority Leader Jim Kyle and House Majority Leader Kim McMillan.

Most provisions of the bill take effect immediately. The centerpiece provision requiring pharmacies to move certain cold and sinus products behind the counter takes effect in 30 days; retailers that do not have pharmacies must remove products from their shelves and cease selling them within 24 hours.

Products affected include cold and sinus pills containing pseudoephedrine, a decongestant which is the vital ingredient in methamphetamine manufacturing. The only products exempt from the new limits are those in the form of liquids or soft gelatin- or liquid-filled capsules, which currently are not deemed viable in the meth manufacturing process. Exempt products can remain on store shelves everywhere.

“This new law strikes the right balance between public safety and consumer convenience,” the Governor said. “We appreciate pharmacies’ and retailers’ support and cooperation in the war against meth.”

In addition to moving cold and sinus products behind the pharmacy counter, the new law makes several other changes including:

· Closing the so-called “personal-use loophole” in criminal law, which allows meth cooks to secure lighter penalties by claiming they manufactured the drug only for personal use.

· Requiring health professionals to report meth lab-related burns and injuries to local law enforcement, similar to the existing requirement to report gun-shot and knife wounds.

· Creating an online registry within the Department of Environment and Conservation listing properties quarantined by law enforcement due to meth-lab contamination. A separate registry will be created within the Tennessee Bureau of Investigation listing the names and offenses of convicted meth cooks.

Separate from the legislation, the Governor’s FY05-06 budget proposal includes nearly $7 million to attack the meth problem in Tennessee. Among other items, the budget includes:

· $2.4 million for increased criminal penalties for meth-related crimes, including closure of the personal-use loophole.

· $1.7 million to launch a drug court pilot project endorsed by the White House Office of National Drug Control Policy to test the effectiveness of a combination of treatment and light incarceration

· $1.5 million to launch a statewide education and public awareness campaign.

· $600,000 to provide meth-lab response training to law enforcement and other first responders.

Meth, a powerfully addictive stimulant that affects the central nervous system, is produced in clandestine laboratories across Tennessee using relatively inexpensive over-the-counter ingredients. The U.S. Drug Enforcement Administration estimates that Tennessee now accounts for 75% of meth lab seizures in the Southeast. From October 2003 to August 2004, law enforcement authorities seized nearly 1,200 labs in the Volunteer State — a 397% increase from 2000.

Officials said the drug is particularly harmful to children. The Tennessee Department of Children’s Services reports more than 700 children were involved in meth-related investigations over the past six months. Especially at risk are infants and toddlers living in homes in which toxic lab emissions and residue settle on floors and furniture.

In signing the bill into law, Bredesen acknowledged the war against meth will be a “moving target” that will require a continued coordinated commitment from the federal, state and local governments. “We’re not going to solve the meth problem overnight,” the Governor said. “But if we stay focused on the fundamental issues, then we’re going to have an impact and make a difference.”









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