Senate Bill S4544A

                                BILL NUMBER:S4544A

TITLE OF BILL:  An act to amend the public health law, in relation to
including certain doses of pseudoephedrine as a controlled substance

PURPOSE: This bill makes 120 milligrams or more of pseudoephedrine a
schedule II 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.