[WASHINGTON, DC] – U.S. Senators Dick Durbin (D-IL) and Chuck Grassley (R-IA), both members of the Senate Anti-Meth Caucus, today introduced the Methamphetamine Production Prevention Act of 2007. This legislation will promote the use of electronic logbook systems by pharmacies to better track the sales of ingredients that could be used to make meth.
Most of the chemicals necessary to produce methamphetamine are readily available in household products or over-the-counter cold or allergy medicines such as pseudoephedrine. Current law restricts the amount of these ingredients that can be purchased at one time by a single person. Some meth producers have been able to get around restrictions by “smurfing” – purchasing illegal amounts of meth precursor drugs by traveling to multiple pharmacies and buying small quantities at each.
“‘Smurfing’ now accounts for at least 90% of the pseudoephedrine used to make meth in Illinois,” said Durbin. “Electronic logbook systems provide a more effective method of tracking the purchases of these drugs. With the proper resources, pharmacies can keep their logbook information electronically and share that information with law enforcement. The information can then be used to identify and prosecute meth manufacturers attempting to beat the system.”
“The Midwest has been hit especially hard by meth and the ability to buy the ingredients over the counter,” Grassley said. “Despite the positive impact the Combat Meth Act has had on lowering the production of home cooked meth, people are exploiting loopholes that allow one to smurf between different pharmacies. An electronic logbook will be a tremendous asset for local law enforcement and businesses as they work to end the devastating impact of meth on our communities.”
Today’s legislation revises the technical logbook requirements found in the Combat Methamphetamine Epidemic Act (“Combat Meth Act”). Enacted in 2006, the Combat Meth Act limits the amount of meth precursor drugs – drugs that can be used to make meth, such as pseudoephedrine – that a customer can buy and requires pharmacies to keep written or electronic logbooks recording each purchase of the drugs. This approach has led to a drop in the number of meth labs discovered in many states, however, meth producers are beginning to adapt to the current restrictions through the practice of “smurfing”.
“For years, methamphetamine has been plaguing communities in Illinois and throughout the nation,” said Durbin. “Law enforcement agencies are forced to devote a large percentage of their time to finding, busting and cleaning up meth labs – taking away precious resources that should be used for crime prevention. Law enforcement experts agree that electronic logbook systems are an important tool in our efforts to combat meth. We can, and should, do more to help make these logbook systems work.”
Today’s legislation
This bill has been endorsed by numerous organizations, including the National Alliance of State Drug Enforcement Agencies, the National Narcotics Officers’ Associations’ Coalition, the National Criminal Justice Association, the National Sheriffs’ Association, the Major County Sheriffs’ Association, the National Troopers Coalition, the National District Attorneys Association, the National Association of Countries, and the Community Anti-Drug Coalitions of America.
On March 15, Durbin and Senator Norm Coleman (R-MN) introduced another meth-related bill, the Family-Based Meth Treatment Act of 2007 which seeks to improve comprehensive, family-based substance abuse treatment for methamphetamine addiction.
On April 25, Grassley and Senator Dianne Feinstein (D-CA) introduced legislation to increase federal penalties for drug dealers who entice children with candy flavored meth. Senator Grassley was an original co-sponsor of the Drug Endangered Children Act of 2007 which was introduced in April. He was also an original cosponsor of the Combat Meth Act of 2005.
Here is a copy of Grassley’s prepared statement for the record.
Mr. President, I am pleased to join my colleague, Senator Durbin, in introducing the Methamphetamine Production Prevention Act of 2007. Together we offer this important legislation in an effort to strengthen existing law by providing some necessary changes and updates.
During my time in the Senate, I’ve come to the floor many times to speak about methamphetamine (meth) and how it has destroyed individuals, families, and communities across the country. The Midwest was hit especially hard by meth and the impacts of this drug were devastating to rural areas. As opposed to other illegal drugs, meth is often times home cooked and made in rural areas using ingredients that are largely available over the counter. I am proud to say that Congress has taken action to attack this problem head on by working to cut off access to these over the counter products that form the basis of the drug.
Legislation such as the Combat Methamphetamine Act of 2005 (Combat Meth Act), which was included into the USA Patriot Act Reauthorization in 2005 immediately impacted the production of home cooked meth. Just a week ago when I joined with Senator Feinstein in introducing two other separate bills—the Saving Kids from Dangerous Drugs Act and the Drug Endangered Children Act—I noted that because of the efforts of Congress in passing the Combat Meth Act, the number of clandestine meth lab seizures has dropped across the country.
The Combat Meth Act was a tremendous step in the right direction limiting access to psuedoephedrine (PSE), the main ingredient in methamphetamine. The Combat Meth Act required this product to be removed from store shelves and placed behind the counter at pharmacies across the country. It also limited the number of products containing PSE a person could buy at once. Further, it required a logbook system be kept by pharmacies containing information regarding the individuals that purchased products containing PSE. Despite these successes, ever determined meth cooks and users have learned how to game this system and continue to produce home grown meth.
The preferred method of these meth cooks is to “smurf” between different pharmacies for PSE products. Smurfing, occurs when a person visits a number of different locations buying the legal maximum amount of PSE product at each site. The result is an amount of PSE sufficient to produce home cooked meth. Smurfing occurs because the Combat Meth Act only required that retailers keep a logbook which could be kept on paper or electronically. It did not require interoperability or electronic transmission of data. As a result, these unscrupulous individuals have learned that if they provide false information or visit multiple stores, tracking and arresting these individuals is more difficult and time consuming for law enforcement. This is especially true in metropolitan communities that share a common border, one such example is the Quad Cities on the Iowa/Illinois border.
Recently, the Quad City Times highlighted the successes of the Combat Meth Act in an article titled, The Next Step in Meth War. This article detailed the efforts of a Scott County Deputy and his dedication in fighting the meth war. One noteworthy portion of this article raised a question about the lengths that were required for this deputy to do his job in combating mom and pop meth labs. The article stated, “Now we’re stuck with this image of a detective in each Iowa county sorting through thousands of paper forms.” It read further, “He must call county to county to find out if those purchasing the limit in Scott County might be doing so elsewhere as well.” This statement gets right to the heart of our bill. We can’t effectively combat meth if we don’t close the smurfing loophole.
To address this loophole, Senator Durbin and I have introduced the Methamphetamine Production Prevention Act of 2007. This legislation would revise the technical requirements of the Combat Meth Act to allow for electronic logbook systems. The bill would also create a federal grant program for states looking to create or enhance existing electronic logbook systems. Finally, this bill would prioritize these federal grants to states that design and implement the most effective systems for sharing information via an electronic logbook system.
This legislation will take a big step forward in closing this loophole that home grown meth cooks abuse. Additionally, it does so without creating burdensome mandates upon states to meet requirements. This bill facilitates innovation and growth by offering financial assistance to states looking to create an electronic logbook system. By avoiding mandates, this legislation seeks to promote innovation and growth of electronic logbook systems.
This bill has broad support from the law enforcement community and has been endorsed by the National Sheriffs’ Association, the National Narcotics Officers’ Associations’ Coalition, National Alliance of State Drug Enforcement Agencies, the National Criminal Justice Association, the National Troopers Coalition, the National district Attorneys Association, the National Association of Counties, and the Community Anti-Drug Coalitions of America among others.
As you can see, this legislation has a broad base of support. Working together, state and local governments can use this legislation and grant program to create interoperable networks that will reduce the illegal smurfing of PSE products and lead us to the goal of ending domestic production of meth. I urge my colleagues join us in support of this important legislation and pass the Methamphetamine Production Prevention Act of 2007 and help wipe out domestic production of meth.
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