Law and Ethics ClassAngela Busbee

December 9, 2014

Law: The Combat Methamphetamine Epidemic Act of 2005

Signed into law: March 9, 2006

by President George W. Bush

Law effective: September 30, 2006

http://georgewbush-whitehouse.archives.gov/news/releases/2006/03/images/20060309-4_d-0213-515h.html

Why enacted: To regulate over-the-counter sales of ephedrine, pseudoephedrine, and phenylpropanolamine used illegally to make methamphetamine or amphetamine.

December 22, 2005: The FDA removed phenylpropanolamine from the market due to an increased risk of hemorrhagic stroke. Only sold by prescription for animal use.

Amphetamine and methamphetamine are dangerous and highly addictive drugs that are made and used.

Common names used for the drug: “meth”, “crystal”, “crank”, and “ice”

Methamphetamine can be made illegally from ephedrine and pseudoephedrine.

Amphetamine can be illegally made from phenylpropanolamine.

Was being manufactured in illegal labs and homes in the United States

Drug side effects: irritability, nervousness, insomnia, nausea, depression, and brain damage

Pharmacies must:

Keep OTC medications containing ingredients pseudoephedrine, ephedrine, and phenylpropanolamine behind the counter or in locked cabinets inaccessible from customers until sale is made

Maintain an electronic or written logbook listing sales (identifying products by name, quantity sold, names and addresses of customers, & dates/times of sales

Pharmacies must:

Limits sales: any solid and liquid form of ephedrine, pseudoephedrine, and phenylpropanolamine or combination to a daily sales limit of 3.6 grams, & a monthly purchase limit of 9 grams to the same customer

Retain customer purchase information for 2 years after sale

To purchase customer must:

Present valid photo id or acceptable documentation

Complete log book requirements for name, address, date, time sale occurred, and signature

Confirm the entry for the name of the medication and quantity sold are correct

1887 Lazar

Edeleanu

in Germany

develops related

drug amphetamine

predecessor to

meth

1893 Meth Developed

by Japanese chemist, Nagayoshi

Nagai used ephedrine to synthesize

meth from Ephedra sinica, a plant

used in Ayurvedic and Chinese

medicine

1919 Akira Ogata

“discovered a new

method of synthesizing

the crystalline form of

the new stimulant,

giving the world crystal

meth”

http://www.de.emb-japan.go.jp/NaJ/NaJ1210/nagai.html

http://thepoisondiaries.tumblr.com/post/35343648947/ephedra-sinica-a-plant-that-cures

Lazar Edeleanu. (n.d.). Retrieved from Humans And Alimentation, Humans Mind: http://humansandalimentation.com/lazar-edeleanu/

1986 1st attempt deter meth by DEA number three agent Gene Haislip who authors legislation that sellers of OTC asthma & diet pills containing ephedrine & manufacturers cold medicine keep sales and import records

http://www.pbs.org/wgbh/pages/frontline/meth/interviews/haislip.html

1988 DEA and pharmaceutical industry reach compromised deal & pass bill after 2 years. Exempts any chemical (ephedrine & pseudoephedrine)

April – August 1995 Legislation approved in 1993 phased in requiring those selling ephedrine pills be DEA registered, keep records of sales, and report suspicious customers. Law does not include pseudoephedrine pills.

1) Made National restriction of pharmacies selling ephedrine, pseudoephedrine, and phenylpropanolamine requiring them to be in locked case or kept behind counter and limiting amount customers can purchase in a day & month.

2) Stronger penalties against smugglers, kingpins, and meth cooks using federal property or endangering children

3) More government authority to monitor main drug chemicals required to make from foreign manufacturers & withhold aid if uncooperative

4) Make main drug chemical importers & exporters accountable if drugs are redirected for illegally used

5) Gave more funding to assistance programs such as ones to help mothers or drug-endangered children and drug courts

6) Set manufacturer production & import quotas of ephedrine and pseudoephedrine

7) Agreement to support Mexico in effort to curb methamphetamine production

WWII Germany military used "flyer's chocolate“ (chocolate with meth) or "tanker's chocolate“ given to aircraft and tank workers stay awake and increase productivity

1942 – 1945 Adolf Hitler used IV injections for depression & fatigue. Historians believe used treat Parkinson’s disease or symptoms resembling those of Parkinson’s

Summary Adolf Hitler. (n.d.). Retrieved from http://www.fold3.com: http://www.fold3.com/page/83002428_adolf_hitler

March 1994 US customs agent stumbles upon 3.4 metric tons of ephedrine on plane traveling from Switzerland to Mexico.

DEA researches 18-month period and realizes 170 tons ephedrine was smuggled to US that could make 2 billion hits of meth

Occurred in Juneau, Alaska

Pharmacy records from local pharmacies of individuals who purchased cold medication for months was seized without warrant by law enforcement.

Attorney argues statute allowing this was illegal, but prosecutors say no warrant was necessary.

Law enforcement looking for accomplices of two men caught in Oct. 2012 warehouse using plastic soda bottles to make meth results in arrest of 5 residents of Juneau.

Attorney of one defendant in pretrial argued that his client’s privacy under federal & state constitutions along with freedom from warrantless searches and seizures was violated.

Attorney stated hundreds of individuals information was taken without necessary circumstances or suspicion for it.

State dismissed charges against defendant before judge ruled, but argument will be used in one codefendant’s case.

Law was written giving law enforcement authority to request records at any time from a store. If store does not provide records, then they can be charged with a civil fine of $10,000.

Cells phones were seized and sent to Alaska State Troopers and compared against store medication logs.

Defendant’s number was found on cell and medication log showed defendant purchased cold medication twice within 2 days causing felony charges.

DA dismissed charges against defendant noting it was not related to argument on search and seizure legality, but did not explain their reasons on case.

Two people in warehouse making meth pleaded guilty to drug-related charges.

Two codefendants were waiting on trial in newspaper article.

The End

CMEA (Combat Methamphetamine Epidemic Act). (n.d.). Retrieved from U.S. Department of Justice. Drug Enforcement Administration. Office of Diversion Control.: http://www.deadiversion.usdoj.gov/meth/q_a_cmea.htm#13

Legal Requirements for the Sale and Purchase of Drug Products Containing Pseudoephedrine, Ephedrine, and Phenylpropanolamine. (2014 , 07 30). Retrieved from U.S. Food and Drug Administration: http://www.fda.gov/Drugs/DrugSafety/InformationbyDrugClass/ucm072423.htm

President Signs USA PATRIOT Improvement and Reauthorization Act. (2006, 03). Retrieved from The WHITE HOUSE PRESIDENT GEORGE W. BUSH: http://georgewbush-whitehouse.archives.gov/news/releases/2006/03/images/20060309-4_d-0213-515h.html

Phenylpropanolamine (PPA) Information Page. (2010, 9 03). Retrieved from U.S Food and Drug Administration: http://www.fda.gov/Drugs/DrugSafety/InformationbyDrugClass/ucm150738.htm

The History of Crystal Meth. (2014, 11 28). Retrieved from AddictionSearch the latest addiction Information: http://www.addictionsearch.com/treatment_articles/article/the-history-of-crystal-meth_58.html

Lazar Edeleanu. (n.d.). Retrieved from Humans And Alimentation, Humans Mind: http://humansandalimentation.com/lazar-edeleanu/

Nagayoshi Nagai (1845-1929). (2012, 10). Retrieved from Botschaft von Japan in Deutschland: http://www.de.emb-japan.go.jp/NaJ/NaJ1210/nagai.html

Alnwick, D. L. (2014). EPHEDRA SINICA; A PLANT THAT CURES…. Retrieved from THE POISON DIARIES: http://thepoisondiaries.tumblr.com/post/35343648947/ephedra-sinica-a-plant-that-cures

Timeline. (2006, 03 22). Retrieved from http://www.pbs.org: http://www.pbs.org/wgbh/pages/frontline/meth/etc/cron.html

THE COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005. (2011, 05 16). Retrieved from http://www.pbs.org: http://www.pbs.org/wgbh/pages/frontline/meth/etc/updnational.html

Summary Adolf Hitler. (n.d.). Retrieved from http://www.fold3.com: http://www.fold3.com/page/83002428_adolf_hitler/

Miller, R. E. (2013, 05 16). Cases challenge legality of anti-"smurfing" statute. Retrieved from JuneauEmpire.com: http://juneauempire.com/local/2013-05-16/cases-challenge-legality-anti-smurfing-statute

CMEA (Combat Methamphetamine Epidemic Act). (n.d.). Retrieved from US. Department of Justice. Drug Enforcement Administration Office of Diversion Control: http://www.deadiversion.usdoj.gov/meth/q_a_cmea.htm#2

DEA has developed training materials regarding self-certification training -Training Required to Sell. (n.d.). Retrieved from U.S. Department of Justice: http://www.pharmacy.ca.gov/licensing/combat_methamphetamine.pdf