2-16-11 —      A major fight is brewing over a proposal in the Kentucky General  

Assembly to require a doctor's prescription for now common cold  

remedies containing pseudoephedrine as an avenue to shut down  

methamphetamine labs.

    Oregon and Mississippi have passed similar laws and, according to  

Col. Joe Williams of the Kentucky State Police, they've seen more  

than a 65 percent decrease in the number of meth labs that produce  

toxic residue and can explode—in addition to the devastating  

addictive nature of the drug. Currently, Kentucky requires purchasers  

of the drugs to show identification that is entered into a statewide  

computer tracking system. Purchases are limited for individuals, but  

meth dealers have begun paying others to buy the products, a practice  

called "smurfing." Williams estimates 70 percent of sales of the drug  

are used in meth production.

    While supporters call the proposal a "no-brainer," critics say it  

will inconvenience allergy sufferers and retailers and perhaps turn  

common cold and allergy sufferers into unwitting felons.

    Lined up behind the bill are U.S. Congressman Hal Rogers, R-

Somerset, who rallied supporters in Frankfort on Thursday, Senate  

President David Williams, R-Burkesville, House Speaker Greg Stumbo, D-

Prestonsburg, the Kentucky State Police, prosecutors and even the  

Kentucky Education Association.

    Lining up against it are retailers, the company that currently  

tracks sales of the drug for the state, drug manufacturers and even  

the wife of Rogers' fellow Republican Congressman Geoff Davis.  

Opponents are running ads on the radio and in newspapers and are  

expected to spend a lot of money fighting the bill.

    Rogers appeared before both the Senate and House Judiciary  

committees Thursday, telling lawmakers "an epidemic of amphetamine is  

spreading across the state at an alarming rate, killing kids and  

adults." He invoked the memory of 20-month-old Kaydon Branham, who  

died after drinking a drain cleaner used in making meth at a home lab  

in Wayne County.

    He conceded the law will inconvenience innocent cold and allergy  

sufferers–but so do traffic lights and airport security, he said. But  

the bill outlaws only pseudoephedrine products.

    Rogers said about 15 name-brand products would require a  

prescription–while 137 others would be unaffected. And, he said,  

pseudoephedrine is the only "essential ingredient" of eight required  

to make meth. Eliminating its easy acquisition can put meth  

manufacturers out of business, Rogers said.

    "Would you trade a little inconvenience to save the lives of  

children?" Rogers asked the Senate committee, chaired by Sen. Tom  

Jensen, R-London, and sponsor of the bill.

    "I can't understand, Mr. Chairman, why the companies that are making  

these drugs are not being responsible citizens in trying to prevent  

the fatal misuse of their drugs," Rogers said. "Could it be money,  

Mr. Chairman? Could it be?"

    Pat Davis, wife of the Republican Congressman from the Fourth  

District, Geoff Davis, said she and her children suffer from  

allergies and the bill will "punish all Kentuckians for the crimes of  

the few."

    Requiring patients to obtain a doctor's prescription, Davis said,  

will cost more, resulting in lost time at work and at school.

    Jensen postponed a committee vote on the bill because Sen. Ray  

Jones, D-Pikeville, was absent due to a family issue and wanted to  

vote for the bill. But some who oppose the bill said the committee  

didn't have the necessary votes. But that changed later in the day.

    With Rogers and about 400 gathered in the Capitol Rotunda to rally  

for the bill's passage and Jones returned to Frankfort, the Senate  

recessed so the committee could vote and it passed out favorably. But  

that doesn't mean the bill has enough votes yet to pass the Senate  

where some are concerned it would make possession of the drug without  

a valid prescription a felony.

    That could mean someone who bought a common cold remedy in a nearby  

state and returned to Kentucky could face a felony charge, according  

to an opinion by Louisville attorney Mark Miller, a former  

prosecutor. It was sought by Jim Acquisto of APPRISS, the company  

that operates the computer tracking system.

    But a zealous crowd, including former drug abusers, law enforcement  

and school children packed the rotunda. Many carried signs with  

Kaydon Branham's picture and the phrase "My meds aren't worth a kid's  

life." The green-and-white clad North Laurel Middle School  

cheerleaders chanted: "No more meth! Hey, hey whaddya say? No more  

meth!"

    On hand was Marti Burton, 34, a Richmond police officer, who had to  

be decontaminated and taken to the hospital for exposure to fumes at  

a site where officers found a meth lab. She was overcome with nausea,  

headache and became dizzy. Because the chemicals are so toxic, Burton  

had to disrobe outside in the nine-degree weather and undergo  

decontamination before entering the ambulance. Fortunately, she  

suffered no permanent damage.

    RONNIE ELLIS writes for CNHI News Service and is based in Frankfort.  

Reach him at rellis@cnhi.com. Follow CNHI News Service stories on  

Twitter at www.twitter.com/cnhifrankfort.