Valesky-Sponsored Legislation Combating Methamphetamine Production Passes Senate

ALBANY, N.Y.—Legislation sponsored by State Senator David J. Valesky (D-Oneida) assisting law enforcement in combating the threat to public health and safety surrounding methamphetamine production passed the Senate on June 10. The growing use and manufacture of the illegal and highly addictive drug methamphetamine is particularly pervasive in rural counties in Upstate New York.

A particular problem has been the purchase of precursor ingredients that can be found in medicines containing ephedrine, pseudoephedrine, and phenylpropanolamine available over-the-counter in retail establishments. While federal law regarding purchase limits for these products has been helpful to law enforcement when investigating persons suspected of manufacturing methamphetamine, at present no such provisions exist in state law, hampering local law enforcement and district attorneys’ efforts.

“Methamphetamine production continues to be a significant cause of concern and I am pleased to have helped find a legislative solution to thwart those trying to skirt purchase limits,” Senator Valesky said. “This bill is intended to make it difficult for would-be producers to find the ingredients needed to make meth, and therefore decrease production of the drug itself.”

“Members of the New York State Senate recognize that making significant strides against meth production and protecting responsible consumers’ access to affordable, quality health care do not have to be mutually exclusive goals,” said Scott Melville, president and CEO of Consumer Healthcare Products Association. “Now, more than ever, with the spring allergy season at its peak, tens of thousands of New Yorkers rely on safe and effective nonprescription medicines to get through their busy days. S.627 will allow these law-abiding citizens to continue to purchase those medicines and provide law enforcement officials with better tools to stop meth crime at its source.”

Senator Valesky’s legislation (S.627):

• Limits the over the counter sale to packages containing not more than 3.6 grams of one or more methamphetamine precursor drugs, not to exceed 9 grams within a 30-day period;
• Requires the buyer to show photo identification and sign a written or electronic logbook;
• Requires a retailer, before completing a sale, to electronically submit information to a real-time, stop-sale system administered by the division of state police, provided free of charge to retailers; and
• Imposes a civil fine on retailers that knowingly ignore the stop sale alert.

In recent years, federal authorities worked with local and state law enforcement in Central New York to charge 16 people with illegally purchasing cold medicine containing pseudoephedrine. Investigators were able to track the purchases by combing through paper log books. Senator Valesky’s legislation would eliminate this time consuming process by preventing the purchases and identifying those attempting to purchase illegal amounts in real time.