The Oklahoma Experience Controls of Pseudoephedrine Scott

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 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.

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 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 2003 • Law Enforcement, Prosecution, Treatment, and Lawmakers

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 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 —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 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) 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

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

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