Senate Approves Winner's Anti-meth Legislation; Focus Turns To State Assembly

Albany, N.Y.-- "New York law currently hangs out a welcome sign to meth manufacturers, when what we need are laws to put meth manufacturers out of business in this state," State Senator George H. Winner, Jr. (R-C, Elmira) saidfollowing the Senate's unanimous approval oflegislation he sponsors to combat the manufacture and use of methamphetamine in the Southern Tier-Finger Lakes region and throughout New York State.

Winner joined State Senate Majority Leader Joseph L. Brunoand Senate Majority colleagues at a Capitol news conferenceyesterday morningto announce Senate action on a package of anti-meth legislation, as well as the Senate’s intention to make the enactment of anti-meth laws a priority for the remaining several weeks of the current legislative session. The lawmakers were joined by New York State Police Lieutenant Patrick Garey of the State Police Community Narcotics Enforcement Team for the Southern Tier region.

"If we don’t enact these tough new laws this year, we risk a rapid increase in addiction, violence and tragedy that are the by-products of rampant methamphetamine production and use," said Winner, whose legislative district has been identified as a hotbed of criminal meth activity in New York and who sponsors several anti-meth measures in the Senate that have bipartisan Assembly support. "I’m encouraged by the growing bipartisan support for anti-meth legislation, but we need to keep this momentum for action moving forward in the weeks ahead. We can’t sit back and allow New York State to provide a safe harbor for clandestine meth labs."

Lt. Garey said, "On behalf of the New York State Police, especially those of us who fight the methamphetamine epidemic on a daily basis, I would like to commend the members of the Senate. The public health threat of this highly addictive, yet easy to manufacture drug, is very real. By acting on this bill, the Senate has done it's part to provide law enforcement with the proper tools to effectively combat the growing methamphetamine problem, resulting in more successful prosecutions, and protecting the health and safety of the police, the public and especially children who often live in, or near these insidious, hazardous locations."

In March, the Senate approved legislation (S.1712) sponsored by Winner to create a new felony crime for "operating a controlled substance establishment." Property owners would be held criminally responsible for "knowingly and intentionally" allowing meth manufacturers and sellers to operate on the premises they own.

Winner-sponsored legislation (S.1844) unanimously approvedthe full Senateyesterday seeks to make it easier to prosecute manufacturers of the illegal drug and would create a new crime for operating a clandestine meth lab in a residential neighborhood. Specifically, Winner’s legislation would:

> expand the scope of New York’s drug laws to make it easier to prosecute meth lab operators. Federal law imposes tough criminal penalties on people who, with the intent to manufacture meth, possess just one of a number of listed ingredients. New York's current controlled substances "precursor law" punishes only those who possess a combination of chemicals with the intent to illegally manufacture a drug. Winner’s legislation would note the particular hazards of meth production by adopting the federal standard that only one of a designated list of ingredients must be found in the possession of a person, who a jury concludes intends to manufacture meth, in order to support a felony conviction of "criminal possession of precursors of controlled substances"; and

> create a new felony crime for the "criminal manufacture of methamphetamine in or near a residence." It would become a felony for setting up or operating illegal meth labs within 500 feet of a dwelling. Since meth manufacturing includes the use of highly explosive, flammable and toxic chemicals, meth labs pose a significant public health and safety threat if located in residential neighborhoods.

Winner’s legislation is sponsored in the Assembly by Assembly Speaker Assistant Speaker Pro Tempore Harvey Weisenberg (D-Long Island), a former police officer in the city of Long Beach.

Winner noted that all of the measures he’s sponsoring are currently in the Assembly Codes Committee and have bipartisan Assembly support, including support from area assemblymen Jim Bacalles (R-Corning) and Tom O'Mara (R-Horseheads).

The Senate today also approved legislation Winner co-sponsors to:

> combat the theft of anhydrous ammonia, a common agricultural fertilizer that is a key ingredient in meth manufacturing. The legislation would make it a felony to steal or possess stolen anhydrous ammonia;

> restrict the sale of large quantities of ephedrine and pseudoephedrine, other key components in meth production. The legislation would limit the sale of certain medications containing ephedrine and pseudoephedrine to no more than three containers; and

>create a new felony crime for "manufacturing a controlled substance in the presence of a child." Anyone manufacturing meth in the presence of a child 16 years old or younger would be subject to a felony conviction.

"The children of meth addicts and manufacturers represent the most tragic consequence of this whole culture of meth," said Winner. "We hope this legislation might help protect these children by deterring the production of meth in places where they live and play."

Meth-related action in the Legislature continues to gain ground following a state report earlier this year warning that methamphetamine will become an increasingly dire public health and safety threat unless New York adopts new and tougher laws to combat the drug’s proliferation. The report by the State Commission of Investigation (SIC), "Methampehtamine Use & Manufacture," warned that the drug’s rapidly growing use and manufacture "poses an urgent threat to public health and safety and without new and tougher laws to combat the threat, New York could become a haven for methamphetamine users and manufacturers."

Senate Majority Leader Bruno said, "The Senate's action on these bills is the beginning of what I hope will be a comprehensive, bipartisan effort this session to address escalating methamphetamine use and manufacture in New York. We need to do everything we can to encourage the enactment oftough new laws this session and put an end to this crisis that is poisoning our children and our communities."