In Nebraska, it may take a valid ID to cure the common cold

LINCOLN, Neb. -- Anyone wanting to buy a package of cold tablets containing the key meth-making ingredient pseudoephedrine would have to show identification and sign a log book under a proposal endorsed Wednesday by Gov. Mike Johanns and Attorney General Jon Bruning.

That idea did not sit well with the executive director of the American Civil Liberties Union Nebraska chapter.

"This is a needless invasion of personal privacy," the ACLU's Tim Butz said. "All it's going to do is increase the cost of business for pharmacies and grocery stores."

The idea, which is to be introduced in the legislative session beginning next week, was endorsed by the Nebraska Petroleum Marketers and Convenience Store Association in a statement distributed by Johanns' office.

Tim Keigher, director of the lobbying group representing gas stations, truck stops and convenience stores, said the proposed restrictions would require extra effort, but they are a reasonable compromise.

The proposal would require the starch tablet form of pseudophedrine -- found in common over-the-counter medicines such as Sudafed -- to be sold only by pharmacies and be stored behind the counter or in a locked display case. Liquid and gelcap products containing the ingredient would be excluded.

Meth makers almost always exclusively use the starch form when cooking the drug because it is less complex than using the liquid form, said Nebraska State Patrol Col. Tom Nesbitt.

Butz said the proposal was just an attempt to make it appear the state was doing something to combat meth, when in fact it wouldn't do anything to prevent someone determined enough from obtaining the ingredients they need.

"Who's going to look at all these logs from 100 different grocery stores and find out that Joe Smith has bought 100 packages of cold tablets?" Butz said.

Details such as who would review the log books, and how much pseudophedrine a person could buy in one trip, were still being worked out. Bruning said the limit would be enough to allow a person to purchase around 12 boxes of cold medicine at a time.

A similar law in Oklahoma resulted in a reduction of 65 percent in meth labs, Nesbitt said. Other states have voluntary registries or are considering similar requirements to show identification for purchase.

Johanns said he hoped passing the law in Nebraska would dissuade meth makers from setting up shop in the state. There were 245 meth labs seized in Nebraska in 2003. Nationwide the Drug Enforcement Administration reported that more than 7,000 meth labs were dismantled in 2003.

"We must not allow our state to become a magnet for meth labs," Johanns said.

The problem is well-known among drug companies. Last week Pfizer Inc., the maker of Sudafed, announced it would offer early next year a new version of the cold and allergy medicine without pseudophedrine in an effort to combat meth production.

The pseudophedrine proposal is one of four Bruning and Johanns will be backing in the Legislature. Another would increase from a Class III felony to a Class II felony the penalty for drug crimes involving firearms.

A third would increase the penalty for delivering, manufacturing or possessing with the intent to deliver meth to the same as those for cocaine. A fourth would add meth to the list of exceptionally hazardous drugs, which already includes cocaine and heroin.

The stiffer penalties are aimed at fighting meth cookers and dealers and not the 18-year-old first-time user, Bruning said.

Some call meth the poor man's cocaine because it is a highly addictive stimulant that produces a euphoria similar to cocaine, but lasts longer -- six to eight hours compared to 20 to 60 minutes for cocaine.

It is very easy to make and can be cooked in backyard sheds, motel rooms and vans.

Bruning found out just how easy it was to manufacture by spending a couple hours at the patrol's crime lab on Wednesday. With $25 in ingredients, Bruning said he helped produce enough meth for 20 people to be high for eight hours.

---

On The Net:

U.S. Drug Enforcement Agency: http://www.dea.gov

National Crime Prevention Council: http://www.ncpc.org