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 The Oklahoma Experience: Controls of Pseudoephedrine Scott Rowland, General Counsel Okla Bureau of The Oklahoma Experience: Controls of Pseudoephedrine Scott Rowland, General Counsel Okla Bureau of Narcotics

The Epidemic of Meth Labs • 12, 000% rise in number of seized labs The Epidemic of Meth Labs • 12, 000% rise in number of seized labs 1994 -2003 • Multiple laws passed with no visible effect • House Bill 2176 (2004) placed PSE tablets on Schedule V • Added bond restrictions

Precursor Control Legislation passed 1989. Precursor Control Legislation passed 1989.

Fall of 2002 • Oklahoma Attorney General Edmondson sues six pseudoephedrine distributors • Still Fall of 2002 • Oklahoma Attorney General Edmondson sues six pseudoephedrine distributors • Still pending

2003 Legislature • OBN Sponsored Legislation: • 1. Required all wholesalers, manufacturers, or distributors 2003 Legislature • OBN Sponsored Legislation: • 1. Required all wholesalers, manufacturers, or distributors of pseudo to obtain state OBN Registration—record keeping and reporting requirements • 2. Gave explicit cause of action for AG, DA’s, or OBN to file civil action against anyone negligently or recklessly furnishing pseudo— allows for actual and punitive damages

Legislative Interim Study • Two day legislative hearings on meth labs in September of Legislative Interim Study • Two day legislative hearings on meth labs in September of 2003 • Law Enforcement, Prosecution, Treatment, and Lawmakers

Legislative Interim Study FINDINGS: Methamphetamine lab problem is an epidemic Majority of labs capable Legislative Interim Study FINDINGS: Methamphetamine lab problem is an epidemic Majority of labs capable of producing 1 ounce or less Vast Majority of these crimes are addiction based as opposed to economic based

House Bill 2176 • Places Pseudoephedrine (certain forms) in Schedule V of the Controlled House Bill 2176 • Places Pseudoephedrine (certain forms) in Schedule V of the Controlled Substances Act • Applies to any product with any measurable amount of pseudo—exempts most liquids, liquid caps, or gel caps • Only sold by pharmacy—no prescription needed but must show photo ID and sign log

House Bill 2176 • Bond Provisions • On manufacturing related arrests, no jail bond House Bill 2176 • Bond Provisions • On manufacturing related arrests, no jail bond —must appear before a magistrate • At hearing, rebuttable presumption that no conditions of release ensure safety of community if state proves • Arrested on manf’ng related offense and • Some dependence on or regular illegal use of the controlled substance for which arrested

The Legislative Process • 3 Points: • The scope of Oklahoma’s meth lab problem The Legislative Process • 3 Points: • The scope of Oklahoma’s meth lab problem is extreme in both numbers and secondary effects • Meth is different • 2176 will curb the spiraling numbers of meth labs with the least intrusive effect on consumers

Oklahoma City Police Department 2004 by Month (2003) April 9 (17) May 6 (12) Oklahoma City Police Department 2004 by Month (2003) April 9 (17) May 6 (12) June 4 (15) July 7 (13) August 5 (12) September 3 (12) October 4 (14) November 3 (10) December 2 (18) (2004) January 4 (15) February 3 (17) March 3 (13)

Oklahoma City Police Dept. Jan-March 2004 to 2005 Comparison Oklahoma City Police Dept. Jan-March 2004 to 2005 Comparison

Tulsa Police Department 2004 by Month (2003) April 19 (21) May 13 (12) June Tulsa Police Department 2004 by Month (2003) April 19 (21) May 13 (12) June 4 (14) July 8 (15) August 8 (14) September 9 (14) October 4 (17) November 3 (20) December 5 (18) (2004) January 4 (22) February 5 (19) March 1 (17)

Tulsa Police Dept. Jan-March 2004 to 2005 Comparison Tulsa Police Dept. Jan-March 2004 to 2005 Comparison

Oklahoma Bureau of Narcotics and Dangerous Drugs Control Scott Rowland, General Counsel srowland@obn. state. Oklahoma Bureau of Narcotics and Dangerous Drugs Control Scott Rowland, General Counsel [email protected] state. ok. us 800 -522 -8031