Special Report: The Federal Response to Methamphetamine

Part One of Two

A measure passed by the U.S. House of Representatives as part of the renewal of the Patriot Act would tighten controls on chemicals used to manufacture methamphetamine, toughen penalties on traffickers, and authorizes funding for drug courts and treatment for pregnant and parenting women.

The "Combat Methamphetamine Epidemic Act of 2005" (for PDF of bill, click here; for PDF summary of legislation, click here) represents the marriage of a bill proposed by Rep. Mark Souder (R-Ind.) and another cosponsored by Sens. Jim Talent (R-Mo.) and Dianne Feinstein (D-Calif.). If approved by the Senate, the measure would require drugs containing pseudoephedrine, ephedrine, and phenylpropanolamine -- including well-known cold medicines like Sudafed -- to be stored behind pharmacy counters and would require buyers to show ID and sign a logbook.

Daily purchase limits also would be imposed. The bill would mandate these steps for states that have not previously passed their own anti-meth legislation, but would not supersede tougher state laws.

"The heart of this legislation is a strong standard for keeping pseudoephedrine products out of the hands of meth cooks," said Feinstein. "We know this approach works -- in Oklahoma there was an immediate 80 percent drop in meth labs seized. It is a good, tough bill that strikes the right balance and will give law enforcement the tools they need to confront the epidemic."

The measure also authorizes the Justice Department to award up to $20 million annually in grants to aid children who are exposed to methamphetamine at home, as well as an unspecified sum of money for addiction treatment grants targeting pregnant and parenting female meth users involved in the criminal-justice system.

An additional $70 million is authorized for drug courts that conduct drug testing of offenders and use graduated sanctions for those who fail drug tests; also included in the bill is a call for a study on the feasibility of using drug courts for drug offenders in the federal system. Law-enforcement agencies in meth "hot spots" would receive $99 million annually for investigating meth trafficking and cleaning up meth labs.

"This bill was originally full of draconian mandatory minimums and contained no money for drug treatment, but after an exhausting fight, the mandatory minimums were killed and money for drug treatment was added," said Bill Piper, director of national affairs for the Drug Policy Alliance.

Andrew Kessler, director of government relations for NAADAC: the Association for Addiction Counselors -- which endorsed the bill -- praised Souder and other legislative sponsors for "giving law enforcement a fighting chance to do their job fighting methamphetamine." But he also called for Congress, which has dozens of other meth-related bills currently under consideration, to support more meth treatment and prevention. "The [Combat Methamphetamine Epidemic Act] has a law-enforcement slant, and although that's an important part of the puzzle, we'd like to see other legislation follow," Kessler said.

Piper was critical of a provision that adds up to 20 years in prison for selling or making methamphetamine in a home where a child resides, and said that restricting the sale of cold medicines "won't reduce the availability of methamphetamine or the harms associated with methamphetamine abuse." Some local law-enforcement officials, for example, have reported an increase in imported meth from Mexican "superlabs" after crackdowns on locally available drug ingredients shut down smalltime meth labs in their communities.

Supporters of the meth legislation attached the measure to the House and Senate versions of the Patriot Act to ensure action during this session of Congress. The renewal of the Patriot Act -- considered a "must-pass" bill -- was approved by the House but is running into trouble in the Senate, with some Senators opposing provisions allowing roving wiretaps and government access to private medical records and information on library activity.

The meth legislation received strong support in both houses of Congress despite initial opposition from the pharmaceutical industry, which raised concerns about restricting over-the-counter sales of popular cold medications.

In Part Two: Is the Meth 'Epidemic' Real? 
We ask researchers, policy advocates and government officials.