Combat Methamphetamine Epidemic Act of 2005

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Combat Methamphetamine Epidemic Act of 2005
Great Seal of the United States (obverse).svg
Other short titlesCurbing Production of Methamphetamine Bill
Long titleAn Act to further regulate and punish illicit conduct relating to methamphetamine, and for other purposes.
Acronyms (colloquial)CMEA
NicknamesMethamphetamine Epidemic Elimination Act
Enacted bythe 109th United States Congress
EffectiveMarch 9, 2006
Citations
Public law 109-177
Statutes at Large 120  Stat.   192 aka 120 Stat. 256
Codification
Titles amended
U.S.C. sections amended
Legislative history

The Combat Methamphetamine Epidemic Act of 2005 (CMEA) is federal legislation enacted in the United States on March 9, 2006, to regulate, among other things, retail over-the-counter sales of following products because of their use in the manufacture of illegal drugs:

Contents

Retail provisions of the CMEA include daily sales limits and 30-day purchase limits, placement of product out of direct customer access, sales logbooks, customer ID verification, employee training, and self-certification of regulated sellers. The CMEA is found as Title VII of the USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199). [1] The last provisions of the law took effect on 30 September 2006.

Justification

Ephedrine, pseudoephedrine, and phenylpropanolamine are precursor chemicals used in the illicit manufacture of methamphetamine or amphetamine. They are also common ingredients used to make cough, cold, and allergy products. It was argued that the CMEA would curtail the clandestine production of methamphetamine. The U.S. Department of Justice claimed that states that had enacted similar or more restrictive retail regulations saw dramatic drops in the numbers of small clandestine labs. [1]

Provisions

"The CMEA requires record-keeping and identification of all sales and reports to law enforcement of any 'suspicious' transactions. Purchasers are limited to '3.6 grams of pseudoephedrine base' per day and 9 grams per month. (Buying more than that is a federal misdemeanor.)" [2]

The statute also includes the following requirements for merchants who sell these products:

First arrest

In September 2006, Tim Naveau was arrested and charged with a Class-B misdemeanor for purchasing Claritin-D. [3] Naveau takes one tablet of Claritin D each day to combat allergies, and he "had stocked up on the allergy medication because his teenage son, who was also an allergy sufferer, needed several packages because he was headed off to a church camp." [2] Minors are not permitted to purchase pseudoephedrine under the law. Naveau had gone over the legal limit for pseudoephedrine when he purchased extra Claritin-D to give to his son before he attended church camp. [4]

See also

Related Research Articles

<span class="mw-page-title-main">Pseudoephedrine</span> Pharmaceutical drug

Pseudoephedrine (PSE) is a sympathomimetic drug of the phenethylamine and amphetamine chemical classes. It may be used as a nasal/sinus decongestant, as a stimulant, or as a wakefulness-promoting agent in higher doses.

<span class="mw-page-title-main">Ephedrine</span> Medication and stimulant

Ephedrine is a central nervous system (CNS) stimulant that is often used to prevent low blood pressure during anesthesia. It has also been used for asthma, narcolepsy, and obesity but is not the preferred treatment. It is of unclear benefit in nasal congestion. It can be taken by mouth or by injection into a muscle, vein, or just under the skin. Onset with intravenous use is fast, while injection into a muscle can take 20 minutes, and by mouth can take an hour for effect. When given by injection it lasts about an hour and when taken by mouth it can last up to four hours.

<span class="mw-page-title-main">Over-the-counter drug</span> Medication available without a prescription

Over-the-counter (OTC) drugs are medicines sold directly to a consumer without a requirement for a prescription from a healthcare professional, as opposed to prescription drugs, which may be supplied only to consumers possessing a valid prescription. In many countries, OTC drugs are selected by a regulatory agency to ensure that they contain ingredients that are safe and effective when used without a physician's care. OTC drugs are usually regulated according to their active pharmaceutical ingredient (API) rather than final products. By regulating APIs instead of specific drug formulations, governments allow manufacturers the freedom to formulate ingredients, or combinations of ingredients, into proprietary mixtures.

<span class="mw-page-title-main">Ephedra (medicine)</span> Medicinal preparation from the plant Ephedra sinica

Ephedra is a medicinal preparation from the plant Ephedra sinica. Several additional species belonging to the genus Ephedra have traditionally been used for a variety of medicinal purposes, and are a possible candidate for the soma plant of Indo-Iranian religion. It has been used in traditional Chinese medicine, in which it is referred to as Ma Huang, for more than 2,000 years. Native Americans and Mormon pioneers drank a tea brewed from other Ephedra species, called "Mormon tea" and "Indian tea".

<span class="mw-page-title-main">Loratadine</span> Medication used to treat allergies

Loratadine, sold under the brand name Claritin among others, is a medication used to treat allergies. This includes allergic rhinitis and hives. It is also available in combination with pseudoephedrine, a decongestant, known as loratadine/pseudoephedrine. It is taken orally.

Clandestine chemistry is chemistry carried out in secret, and particularly in illegal drug laboratories. Larger labs are usually run by gangs or organized crime intending to produce for distribution on the black market. Smaller labs can be run by individual chemists working clandestinely in order to synthesize smaller amounts of controlled substances or simply out of a hobbyist interest in chemistry, often because of the difficulty in ascertaining the purity of other, illegally synthesized drugs obtained on the black market. The term clandestine lab is generally used in any situation involving the production of illicit compounds, regardless of whether the facilities being used qualify as a true laboratory.

<span class="mw-page-title-main">Sympathomimetic drug</span> Substance that mimics stimulation of catecholaminergic receptors

Sympathomimetic drugs are stimulant compounds which mimic the effects of endogenous agonists of the sympathetic nervous system. Examples of sympathomimetic effects include increases in heart rate, force of cardiac contraction, and blood pressure. The primary endogenous agonists of the sympathetic nervous system are the catecholamines, which function as both neurotransmitters and hormones. Sympathomimetic drugs are used to treat cardiac arrest and low blood pressure, or even delay premature labor, among other things.

<span class="mw-page-title-main">Levomethamphetamine</span> Active drug compound

Levomethamphetamine is the levorotatory (L-enantiomer) form of methamphetamine. Levomethamphetamine is a sympathomimetic vasoconstrictor that is the active ingredient in some over-the-counter (OTC) nasal decongestant inhalers in the United States.

The Methamphetamine Precursor Control Act is an Illinois state law that was signed into law on November 16, 2005, and took effect on January 15, 2006. The MPCA is an act used to create significant barriers such as the requirement to present ID to purchase cold medication that contains pseudoephedrine which could be used to produce methamphetamine. This is one of many state laws regulating the supply of pseudoephedrine that preceded the federal Combat Methamphetamine Epidemic Act of 2005.

<span class="mw-page-title-main">Montana Meth Project</span>

The Montana Meth Project (MMP) is a Montana-based non-profit organization founded by businessman Thomas Siebel which seeks to reduce methamphetamine use, particularly among teenagers. The main venture of the MMP is a saturation-level advertising campaign of television, radio, print, and Internet ads that graphically depict the negative consequences of methamphetamine use. Common elements are the deterioration of each teenage subject's health and living conditions, amphetamine psychosis, moral compromise, and regret. As of 2010, the Meth Project has expanded its media campaign into seven additional states. As of March 13, 2013 the Meth Project, the umbrella organization of the Montana Meth Project, joined the Partnership for Drug-Free Kids in their efforts to reduce substance abuse among teens.

Zhenli Ye Gon is a Chinese-Mexican businessman currently under suspicion of trafficking pseudoephedrine or ephedrine precursor chemicals into Mexico from Asia. He is the owner and legal representative of Unimed Pharm Chem México, as well as various other Mexican corporations. From 2002 to 2004, Unimed had been legally authorized by the Mexican government to import thousands of metric tons of pseudoephedrine and ephedrine products into Mexico, as a part of its vast importation business. Pseudoephedrine and ephedrine products at the time were widely used in over-the-counter cold medications such as Sudafed, but could also be used by manufacturers of methamphetamine.

The illegal drug trade in China is influenced by factors such as history, location, size, population, and current economic conditions. China has one-fifth of the world's population and a large and expanding economy. China's large land mass, close proximity to the Golden Triangle, Golden Crescent, and numerous coastal cities with large and modern port facilities make it an attractive transit center for drug traffickers. Opium has played an important role in the country's history since before the First and Second Opium Wars in the mid-19th century.

The U.S. state of Oregon has various policies restricting the production, sale, and use of different substances. In 2006, Oregon's per capita drug use exceeded the national average. The most used substances were marijuana, methamphetamine and illicit painkillers and stimulants.

Substituted amphetamines are a class of compounds based upon the amphetamine structure; it includes all derivative compounds which are formed by replacing, or substituting, one or more hydrogen atoms in the amphetamine core structure with substituents. The compounds in this class span a variety of pharmacological subclasses, including stimulants, empathogens, and hallucinogens, among others. Examples of substituted amphetamines are amphetamine (itself), methamphetamine, ephedrine, cathinone, phentermine, mephentermine, bupropion, methoxyphenamine, selegiline, amfepramone (diethylpropion), pyrovalerone, MDMA (ecstasy), and DOM (STP).

The production, distribution, and sale of methamphetamine is restricted or illegal in many jurisdictions.

<span class="mw-page-title-main">Comprehensive Methamphetamine Control Act of 1996</span> US law

The Comprehensive Methamphetamine Control Act of 1996 is a bill enacted into law by the 104th Congress of the United States. It mandated registration of persons trading in list I chemicals from the DEA list of chemicals. A fee for such registration was initially $595 but later reduced to $116. It is regarded as one of the major drug laws in the United States.

Drug precursors, also referred to as precursor chemicals or simply precursors, are substances which are known to be used in the illegal manufacture of illicit drugs. Most precursors also have legitimate commercial uses and are legally used in a wide variety of industrial processes and consumer products, such as medicines, flavourings, and fragrances.

<span class="mw-page-title-main">Methamphetamine in the United States</span>

Methamphetamine in the United States is regulated under Schedule II of the Controlled Substances Act. It is approved for pharmacological use in the treatment of attention deficit hyperactivity disorder, narcolepsy, and treatment-resistant obesity, but it is primarily used as a recreational drug. In 2012, 16,000 prescriptions for methamphetamine were filled, approximately 1.2 million Americans reported using it in the past year, and 440,000 reported using the drug in the past month.

Amphetamine and methamphetamine are central nervous system stimulants used to treat a variety of conditions. When used recreationally, they are colloquially known as "speed" (amphetamine) and “crank” (methamphetamine). Amphetamine was first synthesized in 1887 in Germany by Romanian chemist Lazăr Edeleanu, who named it phenylisopropylamine. Around the same time, Japanese organic chemist Nagai Nagayoshi isolated ephedrine from the Chinese ephedra plant and later developed a method for ephedrine synthesis. Methamphetamine was synthesized from ephedrine in 1893 by Nagayoshi. Neither drug had a pharmacological use until 1934, when Smith, Kline & French began selling amphetamine as an inhaler under the trade name Benzedrine for congestion.

The National Precursor Log Exchange (NPLEx) is a real-time electronic logging system which tracks sales of the methamphetamine precursors ephedrine and pseudoephedrine in the United States. The program is operated by the National Association of Drug Diversion Investigators (NADDI), funded by manufacturers of pseudoephedrine medicine, and technology provided through contract by Apriss Inc. As of January 2014, 29 states have passed NPLEx-related legislation, and it is implemented in most other states on a voluntary basis by national retail chains.

References

  1. 1 2 "The Combat Meth Act of 2005: Assessment of Annual Needs - Questions and Answers". U.S. Department of Justice, Drug Enforcement Administration, Office of Diversion Control. 2006-10-18. Retrieved 2007-04-12.
  2. 1 2 Roots, Roger (2011-04-05) Cooking Meth: How Government Manufactured a Drug Epidemic, LewRockwell.com
  3. Balko, Radley (2006-12-24). "Man Arrested For Allergies". Reason Magazine. Retrieved 2008-03-16.
  4. Barrilleaux, Amy (2006-09-30). "New law could mean bad news for allergy sufferers". News Channel 8, WQAD. Archived from the original on March 3, 2007. Retrieved 2013-04-05.