Senate approves O'Mara legislation to increase meth-related criminal penalties, target meth labs (UPDATED, March 3rd)

Albany, N.Y., March 2—The State Senate today approved, with strong bipartisan support, two pieces of legislation sponsored by Senator Tom O’Mara (R-C, Big Flats) to significantly increase the criminal penalties for possessing and selling methamphetamine, and to target the operation of meth labs by enhancing the ability of local police and district attorneys to track and prosecute violations of restrictions on over-the-counter sales of cold medications that are key ingredients used in the manufacturing of methamphetamine.

“We’ve been witnessing an alarming increase across the Southern Tier and Finger Lakes regions over the past few years in the production, sale and use of meth, as well as heroin and other illegal drugs," said O’Mara.  “Law enforcement officers and prosecutors throughout our communities continue to do outstanding work on public awareness, education, enforcement and protection.  We can help our police officers and prosecutors with tougher laws that send a stronger message that we’re not going to tolerate the operation of meth labs or the sellers of meth. These labs pose unacceptable risks to our neighborhoods, police officers and first responders. This legislation is an important part of what must be a broader and ongoing effort to deter, prosecute and punish meth crimes, as well as raise public awareness of the dangers.  I’m hopeful that tougher anti-meth laws will help in the punishment of meth crimes and act as a stronger deterrent among our young people at risk of falling prey to this cycle of addiction and tragedy.”

[UPDATE, March 3: Read and watch more from WENY-TV, "O'Mara Bill to Increase Meth Crime Penalties Approved in the Senate", and from the Star-Gazette, "Anti-meth bills get New York Senate approval"]     

The legislation O’Mara sponsors (S.1150/A.5577), which was approved by a vote of 53 to 5, would increase the criminal penalties for the possession and/or sale of methamphetamine by implementing an increasingly severe set of felony offenses.  If enacted, state penalties in response to meth would be brought more in line with the penalties for possessing and selling cocaine and heroin.  O’Mara’s legislation is sponsored in the Assembly by Assemblyman Sean Ryan (D-Erie County) and is currently in the Assembly Codes Committee.

The Senate today also unanimously approved legislation (S.627/A.468) O’Mara co-sponsors to enhance the ability of local police and district attorneys to track and prosecute violations of restrictions on over-the-counter sales of cold medications that are key ingredients used in the manufacturing of methamphetamine.  The legislation is sponsored in the Assembly by Assemblyman Steven Cymbrowitz (D-Brooklyn) and is currently in the Consumer Affairs Committee. 

If enacted into law, the measure would, within state law, limit the sale of cold medicines containing pseudoephedrine to behind the counter, limit the amount of pseudoephedrine that an individual can purchase each month, and require that an individual present photo identification to purchase products containing pseudoephedrine.  A federal law enacted over a decade ago, the Combat Methamphetamine Epidemic Act of 2005 (CMEA), already regulates retail over-the-counter sales of these products because of their use in manufacturing meth.  But while the CMEA has been helpful to law enforcement when investigating persons suspected of making meth, since no similar provisions exist directly in state law, local police and district attorneys are limited in their ability to fully pursue violations of purchase limits.

The U.S. Department of Justice has reported that states which have enacted similar or more restrictive retail regulations have seen a dramatic drop in the operation of small clandestine meth labs.  

O’Mara has consistently highlighted the dramatic rise in meth-related arrests and other incidents across the region over the past several years – including recent arrests and incidents in Steuben and Tompkins counties.  By implementing stricter anti-meth laws, O’Mara said his legislation would better align New York with similar penalties in the neighboring states of Pennsylvania, Ohio and Massachusetts.

O’Mara is also sponsoring legislation (S.1440/A.5617) further targeting the operation of clandestine meth labs by increasing the criminal penalties for the possession of meth manufacturing material and the unlawful manufacture of meth, also through a series of increasingly severe felony offenses.  Ryan is also sponsoring this measure in the Assembly.  It remains in committee in both houses of the Legislature.  

The Senate has consistently given overwhelming bipartisan support to O’Mara’s meth proposals over the past several years, but the measures have always stalled in the Democratic-controlled Assembly.  O’Mara noted, however, that the legislation has gained Democratic sponsorship in the Assembly.  

“From meth and heroin to bath salts and synthetic drugs, the resurgence of these drugs has become alarming across the Southern Tier and Finger Lakes regions,” said O’Mara. “The only byproducts of these drugs are addiction, overdoses, tragic deaths and violence.  They increasingly burden local systems of health care, criminal justice and social services.  Awareness and education, prevention and treatment are fundamental responses.  But so are tougher laws and criminal penalties, and it’s time for the Assembly Democratic leadership to join us in acting this session.”