HB 470 -- METHAMPHETAMINE MATERIALS

CO-SPONSORS:  Mayer, Parker, Wallace, Bivins, Stevenson, Lipke
(157), Lembke (85), Jolly

COMMITTEE ACTION:  Voted "do pass" by the Committee on Crime
Prevention and Public Safety by a vote of 16 to 1.

This bill prohibits the sale of more than six grams of any
over-the-counter drug having a sole active ingredient of
ephedrine, pseudoephedrine, or phenylpropanolamine.  These drugs
must be kept behind the counter or within six feet of a register
located on a checkout counter, unless the store utilizes an
anti-theft system that specifically prevents the theft of these
drugs.  Violation of the bill is a class A misdemeanor.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the only way to curtail the
production of methamphetamine is to limit the supply of the key
ingredient, ephedrine or pseudoephedrine.  Everything else that
goes into making meth can be replaced with an easily obtained
substitute.  Police have watched suspects as they go from store
to store, purchasing (or stealing) ephedrine products.  The law
currently limits the sale to three packages, and the bill reduces
that to two packages.  That means the meth makers will have to
make more trips to various stores, decreasing their ability to
make meth and increasing the chances of getting caught.  The
state needs to set a lower limit and have it uniform throughout
the state.  Currently, local ordinances vary, and this causes
problems for statewide or nationwide store chains.  Putting
ephedrine behind the counter will stop the shoplifting of it,
which in some stores has been so bad that they had to quit
selling it.  Sav-A-Lot stores reported that five packages were
stolen for every one that was sold, and they no longer sell it.

Testifying for the bill were Representative Mayer; Major Jim
Keathley, State Highway Patrol; Missouri Retailers Association;
Franklin County Sheriff's Department; and Kansas City Police
Department.

OPPONENTS:  Those who oppose the bill say that instead of the
provisions in the bill, the state needs to preempt the local
ordinances on ephedrine and include "line of sight" restrictions
on ephedrine, rather than further limiting how much can be sold.
The bill won't solve the problem of meth makers getting
ephedrine.  If the sale of "single active ingredient" medications
is limited effectively, then the meth makers will simply learn
how to distill ephedrine or pseudoephedrine from the "multi
active ingredient" medications, of which there are approximately
4,000 varieties.  The bill won't stop the meth maker, but will
cause problems for retailers, because purchasing the drug will be
more difficult.

Testifying against the bill were Missouri Petroleum Marketers and
Convenience Store Association; Bayer Health Care; Johnson and
Johnson; and Consumer Health Care Products Association.

Richard Smreker, Senior Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:12 am