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<title> - LAW ENFORCEMENT AND THE FIGHT AGAINST METHAMPHETAMINE</title> |
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[House Hearing, 108 Congress] |
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[From the U.S. Government Publishing Office] |
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LAW ENFORCEMENT AND THE FIGHT AGAINST METHAMPHETAMINE |
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======================================================================= |
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HEARING |
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before the |
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SUBCOMMITTEE ON CRIMINAL JUSTICE, |
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DRUG POLICY AND HUMAN RESOURCES |
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of the |
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COMMITTEE ON |
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GOVERNMENT REFORM |
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HOUSE OF REPRESENTATIVES |
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ONE HUNDRED EIGHTH CONGRESS |
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SECOND SESSION |
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NOVEMBER 18, 2004 |
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Serial No. 108-287 |
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Printed for the use of the Committee on Government Reform |
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Available via the World Wide Web: http://www.gpo.gov/congress/house |
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http://www.house.gov/reform |
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LAW ENFORCEMENT AND THE FIGHT AGAINST METHAMPHETAMINE |
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LAW ENFORCEMENT AND THE FIGHT AGAINST METHAMPHETAMINE |
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======================================================================= |
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HEARING |
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before the |
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SUBCOMMITTEE ON CRIMINAL JUSTICE, |
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DRUG POLICY AND HUMAN RESOURCES |
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of the |
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COMMITTEE ON |
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GOVERNMENT REFORM |
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HOUSE OF REPRESENTATIVES |
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ONE HUNDRED EIGHTH CONGRESS |
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SECOND SESSION |
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__________ |
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NOVEMBER 18, 2004 |
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__________ |
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Serial No. 108-287 |
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Printed for the use of the Committee on Government Reform |
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Available via the World Wide Web: http://www.gpo.gov/congress/house |
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http://www.house.gov/reform |
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------ |
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U.S. GOVERNMENT PRINTING OFFICE |
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20-084 WASHINGTON : 2005 |
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_____________________________________________________________________________ |
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For Sale by the Superintendent of Documents, U.S. Government Printing Office |
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Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512�091800 |
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Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001 |
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COMMITTEE ON GOVERNMENT REFORM |
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TOM DAVIS, Virginia, Chairman |
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DAN BURTON, Indiana HENRY A. WAXMAN, California |
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CHRISTOPHER SHAYS, Connecticut TOM LANTOS, California |
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ILEANA ROS-LEHTINEN, Florida MAJOR R. OWENS, New York |
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JOHN M. McHUGH, New York EDOLPHUS TOWNS, New York |
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JOHN L. MICA, Florida PAUL E. KANJORSKI, Pennsylvania |
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MARK E. SOUDER, Indiana CAROLYN B. MALONEY, New York |
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STEVEN C. LaTOURETTE, Ohio ELIJAH E. CUMMINGS, Maryland |
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DOUG OSE, California DENNIS J. KUCINICH, Ohio |
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RON LEWIS, Kentucky DANNY K. DAVIS, Illinois |
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TODD RUSSELL PLATTS, Pennsylvania JOHN F. TIERNEY, Massachusetts |
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CHRIS CANNON, Utah WM. LACY CLAY, Missouri |
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ADAM H. PUTNAM, Florida DIANE E. WATSON, California |
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EDWARD L. SCHROCK, Virginia STEPHEN F. LYNCH, Massachusetts |
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JOHN J. DUNCAN, Jr., Tennessee CHRIS VAN HOLLEN, Maryland |
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NATHAN DEAL, Georgia LINDA T. SANCHEZ, California |
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CANDICE S. MILLER, Michigan C.A. ``DUTCH'' RUPPERSBERGER, |
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TIM MURPHY, Pennsylvania Maryland |
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MICHAEL R. TURNER, Ohio ELEANOR HOLMES NORTON, District of |
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JOHN R. CARTER, Texas Columbia |
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MARSHA BLACKBURN, Tennessee JIM COOPER, Tennessee |
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PATRICK J. TIBERI, Ohio BETTY McCOLLUM, Minnesota |
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KATHERINE HARRIS, Florida ------ |
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MICHAEL C. BURGESS, Texas BERNARD SANDERS, Vermont |
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(Independent) |
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Melissa Wojciak, Staff Director |
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David Marin, Deputy Staff Director/Communications Director |
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Rob Borden, Parliamentarian |
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Teresa Austin, Chief Clerk |
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Phil Barnett, Minority Chief of Staff/Chief Counsel |
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Subcommittee on Criminal Justice, Drug Policy and Human Resources |
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MARK E. SOUDER, Indiana, Chairman |
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NATHAN DEAL, Georgia ELIJAH E. CUMMINGS, Maryland |
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JOHN M. McHUGH, New York DANNY K. DAVIS, Illinois |
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JOHN L. MICA, Florida WM. LACY CLAY, Missouri |
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DOUG OSE, California LINDA T. SANCHEZ, California |
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JOHN R. CARTER, Texas C.A. ``DUTCH'' RUPPERSBERGER, |
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MARSHA BLACKBURN, Tennessee Maryland |
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PATRICK J. TIBERI, Ohio ELEANOR HOLMES NORTON, District of |
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------ ------ Columbia |
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BETTY McCOLLUM, Minnesota |
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Ex Officio |
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TOM DAVIS, Virginia HENRY A. WAXMAN, California |
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J. Marc Wheat, Staff Director |
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Nicholas Coleman, Professional Staff Member |
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Malia Holst, Clerk |
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Michael Yeager, Minority Deputy Chief Counsel |
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C O N T E N T S |
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Page |
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Hearing held on November 18, 2004................................ 1 |
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Statement of: |
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Bundy, Sheriff Steve, Rice County, KS, Sheriff's Department; |
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Lonnie Wright, director, Oklahoma Bureau of Narcotics and |
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Dangerous Drugs; Lieutenant George E. Colby, division |
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commander/project director, Allen County Drug Task Force, |
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Allen County, IN, Sheriff's Department; Joseph Heerens, |
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senior vice president, government affairs, Marsh |
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Supermarkets, Inc., on behalf of the Food Marketing |
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Institute; Dr. Linda Suydam, president, Consumer Healthcare |
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Products Association; and Mary Ann Wagner, vice president, |
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Pharmacy Regulatory Affairs, National Association of Chain |
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Drug Stores................................................ 65 |
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Burns, Scott, Deputy Director, State and Local Affairs, |
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Office of National Drug Control Policy; Domingo S. Herraiz, |
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Director, Bureau of Justice Assistance, Office of Justice |
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Programs, U.S. Department of Justice; and Joseph |
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Rannazzisi, Deputy Chief, Office of Enforcement, Drug |
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Enforcement Administration................................. 18 |
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Letters, statements, etc., submitted for the record by: |
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Bundy, Sheriff Steve, Rice County, KS, Sheriff's Department, |
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prepared statement of...................................... 68 |
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Burns, Scott, Deputy Director, State and Local Affairs, |
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Office of National Drug Control Policy, prepared statement |
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of......................................................... 20 |
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Colby, Lieutenant George E., division commander/project |
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director, Allen County Drug Task Force, Allen County, IN, |
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Sheriff's Department, prepared statement of................ 87 |
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Cummings, Hon. Elijah E., a Representative in Congress from |
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the State of Maryland, prepared statement of............... 11 |
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Heerens, Joseph, senior vice president, government affairs, |
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Marsh Supermarkets, Inc., on behalf of the Food Marketing |
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Institute, prepared statement of........................... 112 |
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Herraiz, Domingo S., Director, Bureau of Justice Assistance, |
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Office of Justice Programs, U.S. Department of Justice, |
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prepared statement of...................................... 29 |
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Rannazzisi, Joseph, Deputy Chief, Office of Enforcement, Drug |
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Enforcement Administration, prepared statement of.......... 44 |
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Souder, Hon. Mark E., a Representative in Congress from the |
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State of Indiana, prepared statement of.................... 5 |
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Suydam, Dr. Linda, president, Consumer Healthcare Products |
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Association, prepared statement of......................... 118 |
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Wagner, Mary Ann, vice president, Pharmacy Regulatory |
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Affairs, National Association of Chain Drug Stores, |
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prepared statement of...................................... 124 |
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Wright, Lonnie, director, Oklahoma Bureau of Narcotics and |
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Dangerous Drugs, prepared statement of..................... 79 |
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LAW ENFORCEMENT AND THE FIGHT AGAINST METHAMPHETAMINE |
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THURSDAY, NOVEMBER 18, 2004 |
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House of Representatives, |
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Subcommittee on Criminal Justice, Drug Policy and |
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Human Resources, |
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Committee on Government Reform, |
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Washington, DC. |
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The subcommittee met, pursuant to notice, at 10:05 a.m., in |
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room 2154, Rayburn House Office Building, Hon. Mark E. Souder |
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(chairman of the subcommittee) presiding. |
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Present: Representatives Souder, Mica, Carter, Tiberi, |
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Moran, Cummings, Norton, and McCollum. |
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Staff present: J. Marc Wheat, staff director and chief |
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counsel; Nicholas Coleman, professional staff member; Pat |
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DeQuattro, congressional fellow; Malia Holst, clerk; Michael |
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Yeager, minority deputy chief counsel; and Jean Gosa, minority |
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assistant clerk. |
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Mr. Souder. The subcommittee will come to order. |
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Good morning, and thank you all for coming. Today we |
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continue our subcommittee's work on the problem of |
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methamphetamine trafficking and abuse, a problem that is |
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ravaging the entire Nation and putting a severe strain on law |
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enforcement agencies, particularly at the State and local |
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levels. Many of my colleagues have proposed legislation to help |
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beleaguered law enforcement agencies deal with the meth |
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trafficking threat. Today we hope to examine some of those |
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proposals. |
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Meth is one of the most powerful and dangerous drugs |
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available, and it is also one of the easiest to make. It can be |
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``cooked'' using common household or agricultural chemicals and |
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simple cold medicines, following recipes easily available on |
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the Internet. |
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Meth comes from two major sources of supply. First, most |
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meth comes from so-called ``superlabs'' in California and |
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northern Mexico. By the end of the 1990's, these superlabs |
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produced over 70 percent of the Nation's meth supply. Superlabs |
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are operated by large Mexican drug trafficking organizations |
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that have used their established distribution and supply |
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networks to transport meth throughout the country. |
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The second major source of meth comes from small, local |
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labs that are generally unaffiliated with major trafficking |
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organizations. These labs have proliferated throughout the |
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country. The total amount of meth actually supplied by these |
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labs is comparatively small; however, the environmental damage |
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and health hazard they create makes them a serious problem for |
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local communities, particularly the State and local law |
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enforcement agencies charged with the duty to uncover and clean |
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them up. |
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In my home State of Indiana, for example, more than 20 |
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percent of the labs raided by police were discovered only after |
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the labs had exploded and started fires. Children are often |
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found at these meth labs and have frequently suffered from |
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severe health problems as a result of hazardous chemicals used |
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in drug manufacturing. Robberies and violence in local |
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communities as drug dealers and other people seeking money, the |
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addicts, continue to commit criminal acts in order to obtain |
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precursor chemicals and also money to fund their habits. So |
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this has been closely related to other crime in the local |
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communities, much more so than the superlabs. |
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During this Congress, we have held hearings here in |
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Washington, but we have also held field hearings across the |
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country--in Indiana, Hawaii, the deep south, the northwest-- |
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examining the meth epidemic. Everywhere we go, we hear about |
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many of the same issues. In particular, we have heard about the |
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high costs and long hours required for law enforcement agencies |
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to hunt down, investigate, and clean up dangerous meth lab |
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sites, while dealing with the heartbreaking cases of children |
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exposed to drugs and chemicals and in need of emergency medical |
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care and a safe place to go. Where meth is a problem, this drug |
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is probably the single biggest drain on local law enforcement |
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resources in the country. |
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We will need to take action at every level--Federal, State, |
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and local--to respond to this problem. At other hearings we |
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have addressed the question of treatment and prevention, and |
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Congress will of course need to deal with them. At this |
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hearing, however, we intend to focus on the law enforcement |
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side, specifically what we in Congress can do to help sheriffs |
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and police departments across the Nation deal with meth. The |
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whole meth process started in this subcommittee about probably |
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close to 6 years ago in California, where we started with the |
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superlab problem, and we have increasingly moved to look at the |
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local law enforcement problem, which will be a little more the |
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focus of this hearing. |
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Congressional proposals to assist local law enforcement |
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have taken two basic forms: first, regulations designed to |
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reduce the supply of precursor chemicals used to make meth; |
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and, second, direct financial assistance to State and local |
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agencies to support anti-meth enforcement. I will briefly |
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discuss each of these concepts. |
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First, what is the best way to reduce the supply of meth |
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precursor chemicals, such as pseudoephedrine? Presumably, if we |
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can substantially reduce the availability of meth components, |
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the number of small meth labs will be reduced as well. There |
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are several proposals currently on the table intended to do |
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just that. |
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One idea is to eliminate the Federal ``blister pack'' |
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exemption for pseudoephedrine sales. Under current law, |
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retailers can sell unlimited quantities of pseudoephedrine, as |
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long as it is packaged in ``blister packs.'' Sadly, these |
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blister packs have not been much of a hindrance to meth cooks. |
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I believe the exemption should be eliminated, and have proposed |
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legislation (H.R. 5347) which would do just that. |
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A second approach is to put pseudoephedrine and similar |
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chemicals on Schedule V of the Controlled Substances Act. This |
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would force retailers to sell cold medicines and similar |
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products from ``behind the counter,'' and may also force |
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consumers to show identification and sign a register when |
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purchasing such products. It may also prevent non-pharmacists |
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from selling cold medicines. Oklahoma recently enacted this |
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approach in the law, and several other States are planning to |
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do the same. In this session of Congress, Oklahoma Congressman |
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Brad Carson proposed legislation which would do this on a |
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nationwide scale. |
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Finally, a third approach takes aim at the importation and |
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sale of bulk quantities of pseudoephedrine. According to a |
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recent report in the Oregonian newspaper, most of the world's |
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supply of pseudoephedrine comes from just a few factories in |
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Europe, where, by the way, this subcommittee has been both at |
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Rotterdam and Antwerp, and pressured aggressively European |
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authorities to crack down on the pseudoephedrine shipment, |
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which has traditionally been our supply, as well as working |
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with the Canadians. |
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But much of this has now moved to India and China. It might |
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be possible to stop most chemical diversion even before these |
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products reach the shores of the United States and the stores |
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in the United States if we can put pressures on the trade. |
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Import quotas, international cooperation, and regulations of |
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the wholesale markets are all possible ways of reducing the |
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availability of precursor chemicals to meth traffickers. |
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With respect to any new regulation of meth precursors, |
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Congress needs to ask several questions. First, how effective |
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will the new regulation be at reducing the supply of precursors |
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and the number of meth labs? Second, what will be the impact on |
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legitimate sellers and consumers of these products? How much |
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inconvenience do we want to impose on people who just want to |
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buy cold medicines? And, finally, how effective will the |
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regulations passed only in one State be if all the other States |
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don't follow suit? Do we need a national standard? |
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The second set of proposals involves Federal grants and |
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other financial assistance to State and local law enforcement |
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agencies. Currently, the Federal Government provides |
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significant assistance to State and local agencies through |
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several grant programs, including the Byrne Grants and the COPS |
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``Meth Hot Spots'' grants, administered by the Department of |
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Justice, and the High Intensity Drug Trafficking Areas [HIDTA] |
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program, administered by the Office of National Drug Control |
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Policy [ONDCP]. |
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State and local law enforcement officials have repeatedly |
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told me and my staff that these grants are vital to their drug |
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enforcement, and particularly their meth enforcement efforts. |
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Several Members of Congress, including Missouri Congressman and |
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Majority Whip Roy Blunt and my subcommittee colleague from |
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California Doug Ose, have proposed expanding these programs to |
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deal with the meth threat. The administration, however, has |
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proposed significant cuts in these programs particularly the |
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Byrne Grants. Before deciding whether to expand, contract, or |
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significantly re-tailor these programs, Congress needs to have |
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a better understanding of what they do and how effective they |
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are. |
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This hearing will address these difficult questions and |
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hopefully help lay the groundwork for legislative action in the |
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next Congress. Our first panel of witnesses has joined us to |
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discuss the Federal Government's response to the meth problem. |
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Mr. Scott Burns, Deputy Director of State and Local Affairs at |
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the Office of National Drug Control Policy, who has taken a |
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lead role in addressing meth issues; Mr. Domingo Herraiz, |
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Director of the Bureau of Justice Assistance at the Justice |
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Department's Office of Justice Programs, which is responsible |
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for administering many of the Federal grant proposals at issue |
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today; and Mr. Joseph Rannazzisi, Deputy Chief of the Office of |
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Enforcement at the Drug Enforcement Administration, which is |
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not only responsible for coordinating the Federal Government's |
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meth enforcement efforts, but also for administering the |
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Federal Government's meth cleanup assistance program for State |
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and local agencies. |
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For the record, the subcommittee invited the U.S. Coast |
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Guard to testify at this hearing concerning the trafficking of |
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Southeast Asian methamphetamine, also called yaba, and the |
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movement of precursor chemicals into this country from Asia. |
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The Coast Guard declined to testify about their knowledge of |
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these issues. The subcommittee will ask the Coast Guard in |
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writing about questions regarding Southeast Asian meth and the |
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movement of precursor chemicals. |
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At a hearing like this, it is vitally important for us to |
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hear from the State and local agencies forced to fight on the |
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``front lines'' against meth and other illegal drugs. We |
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welcome Mr. Lonnie Wright, Director of the Oklahoma Bureau of |
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Narcotics and Dangerous Drugs, who will talk to us today about |
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his State's new anti-meth law; Sheriff Steve Bundy of the Rice |
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County, KS Sheriff's Department; my fellow Hoosier, Lieutenant |
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George Colby, Division Commander and Project Director of the |
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Allen County Drug Task Force at the Allen County Sheriff's |
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Department. |
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We also welcome three representatives of manufacturers and |
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retailers of pseudoephedrine products, who will help us |
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understand the impact that new regulations may have on |
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businesses and consumers. We are joined by Mr. Joseph Heerens, |
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Senior Vice President for Government Affairs at Marsh |
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Supermarkets, on behalf of the Food Marketing Institute; Dr. |
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Linda Suydam, President of the Consumer Healthcare Products |
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Association; and Ms. Mary Ann Wagner, Vice President for |
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Pharmacy Regulatory Affairs at the National Association of |
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Chain Drug Stores. |
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We thank everyone for taking the time to join us this |
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morning, and look forward to your testimony. |
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[The prepared statement of Hon. Mark E. Souder follows:] |
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[GRAPHIC] [TIFF OMITTED] T0084.001 |
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[GRAPHIC] [TIFF OMITTED] T0084.002 |
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Mr. Souder. Now I will yield to the distinguished ranking |
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member, Mr. Elijah Cummings. |
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Mr. Cummings. I want to thank you, Mr. Chairman, for |
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holding this hearing and for your attention to this important |
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issue of methamphetamine abuse in the United States and our |
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efforts to fight it. |
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Methamphetamine is a dangerous, highly addictive, and |
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sometimes deadly illegal drug, the increasing use of which has |
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created a serious drug epidemic in our country. |
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Once concentrated in the western United States and among |
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particular population subgroups, the use of meth has spread |
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geographically, has become more broadly population, and appears |
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to be increasing among young adults in particular. Significant |
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changes in patterns of meth trafficking and production have |
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contributed to the epidemic, while increasing the challenge of |
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anti-meth law enforcement efforts. |
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The adverse impact of the meth problem is not limited to |
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the serious negative effects on health and the general well- |
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being of its users. Because meth use leads to violent and |
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erratic behavior, it fuels serious crime problems in areas |
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where meth use is prevalent; and meth production can result in |
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deadly exposures and substantial environmental damage. For |
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these reasons, the spread of meth production and use creates |
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severe burdens for the government agencies that must deal with |
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the consequences. |
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On that note, I want to thank all of our witnesses who, on |
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a day-to-day basis, work so hard to address the drug problems |
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in this country. As one who has seen the effects of the drug |
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epidemic and has seen the people that it has destroyed, the |
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neighborhoods and the families, I thank you for what you are |
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trying to do. I know it is an awesome task. |
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Anti-meth efforts have become an increasing focus for |
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Federal, State, and local law enforcement agencies in various |
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parts of the country, including through the High Intensity Drug |
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Trafficking Areas program and other joint law enforcement task |
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forces. |
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We will hear today from representatives of the Office of |
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National Drug Control Policy, the Drug Enforcement |
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Administration, the Office of Justice Programs, and the drug |
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law enforcement officials from Indiana, Kansas, and Oklahoma |
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about how law enforcement is responding to the trends in meth |
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production, trafficking, and use, and to the costly |
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consequences of these activities. |
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The chairman did mention the fact that we will be hearing |
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about the Federal Government's response. One of the things I am |
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also interested in hearing is I read about some of the State |
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laws that have been put into effect, and I would like to hear |
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recommendations as to whether other States should be doing the |
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same things, or perhaps whether the Federal Government should |
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step up their role in regard to those issues. |
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When I read about one of them, I immediately wrote my State |
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legislator, my favorite State legislator--you have always got |
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to have somebody to carry your water in the State government-- |
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and said, look, you ought to put this into effect; you ought to |
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make sure you file this come January, when our legislature |
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comes into being. So we want to know that. |
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Because meth is frequently manufactured from common, |
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readily available products, such as over-the-counter cold and |
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cough medicines, it presents unique policy problems. Beginning |
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with the Comprehensive Methamphetamine Control Act of 1996, |
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Congress has responded with legislation to increase penalties |
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for meth-related crimes and tightened controls on retail sales |
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of products containing pseudoephedrine and related chemicals. |
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Several proposals introduced in the 108th Congress would place |
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further restrictions on the sale of over-the-counter products' |
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use in meth production, and Mr. Souder has gone over some of |
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them. |
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Clearly, the meth epidemic presents a difficult set of |
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challenges for law enforcement policymakers. I hope today's |
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hearing will enhance our understanding of the challenges and |
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shed some light on what further action we should take to |
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address the problem. |
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And I want all of our witnesses to know that this is indeed |
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a bipartisan subcommittee, and we share a lot of concerns with |
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regard to drugs, and we have worked very hard to make sure the |
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government works effectively and efficiently using the |
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taxpayers' dollars to address those problems. So we welcome |
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you; we thank you. |
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With that, Mr. Chairman, I yield back. |
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[The prepared statement of Hon. Elijah E. Cummings |
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follows:] |
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[GRAPHIC] [TIFF OMITTED] T0084.005 |
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Mr. Souder. Mr. Mica, did you have an opening statement? |
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Mr. Mica. Well, Mr. Chairman and ranking member, I thank |
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you for convening this hearing today on law enforcement's |
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efforts and the administration's efforts to fight the scourge |
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of meth abuse and misuse of illegal narcotics. Having |
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participated on this panel for some time--and I think I just |
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heard the chairman recall a hearing that we held in California, |
|
when we saw the beginning of this problem in our country--I |
|
think I was never so shocked as some of the testimony we heard. |
|
I think one was of a mother who put her baby in a microwave |
|
when she was on meth, and we heard social workers talking about |
|
dozens of children that had been abandoned because their |
|
parents or guardian was hooked on meth. |
|
It made me realize that we had a very insidious problem, |
|
and also a problem that needed a multifaceted approach, and I |
|
am pleased the administration has what they call a national |
|
synthetic drugs action plan. One of the realizations from that |
|
hearing and from that time was that it is going to take a |
|
combination of effort. It is not just enforcement, which is |
|
important; it is not just interdiction of the chemicals, |
|
because meth can be produced with off-the-shelf ingredients; it |
|
is going to take education and treatment efforts. |
|
And I think people really don't realize and, fortunately, |
|
hearings like this can tell the damage that this is doing. |
|
Right now we are in the 20,000 range per year of individuals |
|
who die from drug overdose deaths; 20,000 Americans. It is a |
|
phenomenal number; it is a silent death. But that is only those |
|
from drug overdose. You are not talking about the murders, the |
|
suicides; you are not talking about the human toll, the |
|
families that are in total chaos and individual lives that are |
|
destroyed through narcotics. This is indeed our biggest social |
|
problem, the biggest problem in our society today, is the |
|
problem of illegal narcotics, now led by the meth epidemic. |
|
So I think you are holding the hearing today is important, |
|
and I think that the plan of action that has been proposed is |
|
important, and I think that we need to provide whatever |
|
resources are necessary in a concerted effort to deal, again, |
|
with this whole situation. |
|
So I thank you and I look forward to working with you, and |
|
applaud your efforts today in bringing this to the attention of |
|
the subcommittee and Congress. |
|
Mr. Souder. Thank you. |
|
Ms. Norton, do you have any opening comments? |
|
Ms. Norton. Thank you very much, Mr. Chairman. I appreciate |
|
this hearing. |
|
It is not the first hearing we have had on methamphetamine, |
|
and I think the fact that we have had more than 1 year points |
|
out the concern of the committee and the Congress about the |
|
rapid spread of this drug, whose effects are quite pervasive, |
|
not only on individuals, but on the environment itself, because |
|
these labs require extensive cleanup after they are brought |
|
down. |
|
I recognize that drugs of choice differ based on location |
|
in the country, and that in big cities you don't hear as much |
|
about meth. You hear about very dangerous drugs, but not meth. |
|
And it is interesting, I guess whoever establishes a niche, |
|
that becomes the drug of that locale. |
|
But I asked about meth in the Nation's Capital, and, yes, |
|
to be sure, it is the kind of drug where the existence of labs |
|
and the like do not lend themselves as readily to bringing it |
|
in to the middle of a big city, so it is not a major problem |
|
here yet. I am very concerned that we catch it, because who it |
|
is a major problem with are teenagers and young adults. |
|
And we know about the use of young adults and the |
|
distribution at raves and at nightclubs of meth and meth-type |
|
drugs. So I am particularly concerned about the age group that |
|
is involved and that this could sweep everywhere. We already, |
|
it seems to me, have a major problem with meth, but it would |
|
appear to me that it has real attraction on a national level. |
|
There are a number of bills that have been pending for |
|
sometime in the Congress. The last time we took, I think, |
|
significant action was in the 106th Congress. I don't believe |
|
these bills are terribly controversial, and I certainly hope |
|
some of them will come to the floor. |
|
For example, a bill that would require that certain of the |
|
ingredients that can be used to make meth, which are readily |
|
available in a store or a drug store, be kept behind the |
|
counter of the pharmacy, so that you would have to make your |
|
purchase over the counter and show identification and sign a |
|
log. I think these are the kind of minimal steps that the |
|
Congress should take. At the same time that we are saying to |
|
drug enforcement officers around the country why don't you |
|
clean it up, we need to do all we can, and perhaps much more, |
|
to help you clean it up. |
|
Thank you very much, Mr. Chairman. |
|
Mr. Souder. Thank you. |
|
Mr. Tiberi. |
|
Mr. Tiberi. Thank you, Mr. Chairman. Thank you for having |
|
this hearing today. It is a real pleasure to have a constituent |
|
of mine on the panel, and friend, Domingo Herraiz, who has, in |
|
the past, served Ohio as the man in charge of the Criminal |
|
Justice Service Office in Ohio. Great reputation; did a great |
|
job in Ohio. Thank you for your work here in Washington and |
|
your service to our country. |
|
I yield back. |
|
Mr. Souder. Thank you. |
|
Ms. McCollum. |
|
Ms. McCollum. Thank you, Mr. Chair. |
|
This is a hearing that I think will help us be more |
|
effective in working with you and our local law enforcement on |
|
this very critical issue of methamphetamine. I just had some |
|
law enforcement in my office on Monday from our Minnesota |
|
Police and Peace Officers Association, and we have taken some |
|
of the steps to work toward reducing the number of small labs. |
|
Prompts come up when Sudafed is purchased and that, but law |
|
enforcement was sharing with me that the bigger problem--and it |
|
is in the testimony that is before us today--is really from the |
|
major labs that are producing methamphetamine in very large |
|
quantities. |
|
Law enforcement spoke of three generations of |
|
methamphetamine abusers in one family, and now arresting the |
|
grandchildren of meth users. So this is a very serious problem |
|
which needs to be looked at. The filling up of our prisons in |
|
Minnesota, as we do make arrests; the lack of any kind of |
|
treatment that is proven to help people who do want to change |
|
their life around is very serious. |
|
But I think the issue that concerned me most was the first |
|
responders and their concern about their own personal health. |
|
So I think if this is part of the war on drugs, we need to come |
|
up with protocols for what type of equipment will be available |
|
for rural, urban, and suburban first responders; what is the |
|
protocol when we find children for their health, well-being, |
|
which affects their ability to be good learners in school; and |
|
what we are going to do for our first responders for their |
|
health. We are now starting to see retirements come about as |
|
people literally have had their lungs destroyed when they have |
|
encountered labs that they didn't know that they were walking |
|
into. |
|
So, Mr. Chair, I appreciate the hearing and I look forward |
|
to working on this very important issue. |
|
Mr. Souder. Thank you. |
|
Judge Carter. |
|
Mr. Carter. Thank you, Mr. Chairman. |
|
Well, I first encountered speed back in 1981. As a trial |
|
judge, we dealt with it a lot. I had an experience that I will |
|
share with you one time. We had a bunch of trustees that were |
|
moving furniture in the courthouse, and I was just listening to |
|
their conversation, and I discovered something that was very |
|
interesting: going to prison is the cost of doing business in |
|
the drug manufacturing business. If going to prison is not too |
|
harsh and the profits are great, then the results are that it |
|
is just the cost of doing business, and 2 or 3 years is not bad |
|
when you are making a million bucks a year, so you just take |
|
your time and go back, and you are back in business in 30 days |
|
and everything is wonderful. |
|
Now, we weren't dealing with the superlabs that you are |
|
dealing with today; we were dealing with the mom-and-pop |
|
operations. But, first off, an information program went out |
|
through the local papers about the problems with meth and the |
|
problems with speed, and what happens when kids get on it; and |
|
then the jury showed up and started issuing punishment, because |
|
in Texas you get to go to the jury for punishment. |
|
And people discovered that maximum sentences for those |
|
people who were manufacturing methamphetamine resulted, at |
|
least in our county, of no manufacture of methamphetamine. |
|
Methamphetamine generally, in those days, was manufactured in |
|
the suburban counties around the urban areas, and we happened |
|
to qualify as one of those suburban counties around Austin |
|
being the urban area. They weren't cooking meth in Austin; they |
|
were cooking meth in Williamson County and Bastrop County and |
|
Hays County and Bernard County that surrounded Austin. Within |
|
60 days there wasn't anybody cooking in Williamson County, |
|
because everybody that got caught was going to prison for 20 |
|
years and up. And ultimately that problem got solved in our |
|
area, because everybody started looking at what happened. |
|
So I want to know what we are doing in the way of punishing |
|
people who are manufacturing this stuff, because I happen to |
|
believe that if the cost of doing business gets great enough, |
|
on the mom-and-pop labs, at least, the speed labs go elsewhere. |
|
And then ultimately we need to know what is being done |
|
internationally on these people that are cooking out of this |
|
country, and the harshness that we are dealing with those |
|
people who are transporting into this country large volumes of |
|
these drugs, because I think that also has a cost of doing |
|
business effect on drug traffic. |
|
I agree with everything that everyone says about the issue |
|
of treating people, but the bottom line is education. Making |
|
the business difficult, in my opinion, is the key to cleaning |
|
up the drug business. So I would like to hear your ideas on |
|
some of those things, and I thank you very much for being |
|
willing to come here and share with us. |
|
Mr. Souder. Thank you. |
|
We are going to insert into the record this tremendous |
|
Oregonian newspaper series, ``Unnecessary Epidemic,'' that has |
|
a very interesting map that shows, as this committee has |
|
watched it over the years, the track from west to east of the |
|
meth problem, starting in Hawaii, which is the oldest and |
|
deepest. We are now in the city of Honolulu. Some apartment |
|
complexes require cleaning prior to taking occupancy, because |
|
the leftover meth chemicals from the labs poison the children |
|
in the next group that comes in. We have seen it in the west |
|
coast, moving to the midwest. You can tell by the request for |
|
field hearings to this committee. Right now they are |
|
outstanding from members, from Kansas, Missouri, Kentucky, |
|
southern Indiana, Tennessee, and North Carolina. |
|
And the hearing requests tend to come as it is moving east. |
|
We get the request from that group of members, and you can see |
|
the intensity of the problem coming. In the Speaker's drug task |
|
force, it is the No. 1 subject that comes up. The members from |
|
North Carolina showed up en masse last time regarding the meth |
|
problem as it has moved. |
|
As we have held the field hearings, we have seen the first |
|
signs of it coming into motels and other things in New Orleans, |
|
and in the southeast, Detroit, which would be the first hit in |
|
some of the largest cities, because up until now it tends to |
|
have been a rural phenomenon and to some degree moving into the |
|
suburbs. |
|
If it hits the cities, it could be like a crack epidemic, |
|
which is why we really need to work at both the rural and the |
|
urban side, and understand that this is something that is a |
|
widening threat; and when it hits a district, to the Member of |
|
Congress in that district, it becomes the No. 1 issue in his |
|
district, beyond any other narcotics issue. |
|
With that, we will have a few other things we are going to |
|
insert, but before proceeding, I want to take care of a couple |
|
of procedural matters. First, I ask unanimous consent that all |
|
Members have 5 legislative days to submit written statements |
|
and questions for the hearing record; that any answers to |
|
written questions provided by the witnesses also be included in |
|
the record. Without objection, it is so ordered. |
|
I also ask unanimous consent that all exhibits, documents, |
|
and other materials referred to by Members and the witnesses |
|
may be included in the hearing record, and that all Members may |
|
be permitted to revise and extend their remarks. Without |
|
objection, it is so ordered. |
|
Now, our first panel, Mr. Burns, Mr. Herraiz, and Mr. |
|
Rannazzisi, if you will stand and raise your right hands, I |
|
will administer the oath. It is the tradition of this |
|
committee, as you know, because it is an oversight committee, |
|
that it is our standard practice to ask all witnesses to |
|
testify under oath. |
|
[Witnesses sworn.] |
|
Mr. Souder. Let the record show that each of the witnesses |
|
responded in the affirmative. |
|
Mr. Scott Burns, Deputy Director at ONDCP. And we are also |
|
going to insert into the record your National Synthetic Drugs |
|
Action Plan. As we look into the next session, and what we can |
|
do here in Congress, this will give us a good layout. You have |
|
done a good job of pulling that together, and we look forward |
|
to hearing your summary of those remarks and what you have been |
|
working on in this area; and thank you for your leadership at |
|
the State and local level. |
|
|
|
STATEMENTS OF SCOTT BURNS, DEPUTY DIRECTOR, STATE AND LOCAL |
|
AFFAIRS, OFFICE OF NATIONAL DRUG CONTROL POLICY; DOMINGO S. |
|
HERRAIZ, DIRECTOR, BUREAU OF JUSTICE ASSISTANCE, OFFICE OF |
|
JUSTICE PROGRAMS, U.S. DEPARTMENT OF JUSTICE; AND JOSEPH |
|
RANNAZZISI, DEPUTY CHIEF, OFFICE OF ENFORCEMENT, DRUG |
|
ENFORCEMENT ADMINISTRATION |
|
|
|
Mr. Burns. Well, thank you, Chairman Souder, Ranking Member |
|
Cummings, and members of the subcommittee. Thank you for the |
|
opportunity to appear before you today to discuss the efforts |
|
to reduce the problem of methamphetamine in America. I |
|
appreciate this subcommittee's longstanding support of the |
|
Office of National Drug Control Policies and our efforts |
|
against illegal drug use. |
|
The problem of methamphetamine use, distribution, and |
|
production, as you know and have discussed, is one with which I |
|
am also well acquainted. I was a prosecutor in rural Utah for |
|
some 16 years before being confirmed in my present position. |
|
Methamphetamine use and labs can take a significant toll on |
|
communities, but I am pleased to report that there is good news |
|
on the horizon. As discussed in the administration's newly |
|
released National Synthetic Drugs Action Plan, there are things |
|
we can do that we know will make the methamphetamine problem |
|
smaller and that we intend to pursue over the next 4 years. |
|
My written testimony discusses this in greater detail, and |
|
I request it be made part of the record. |
|
Our approach to methamphetamine must be market-based, |
|
focusing both on the supply and demand of the drug. Reducing |
|
the supply of methamphetamine is best accomplished by |
|
destroying the ability of methamphetamine cooks, both large and |
|
small, to make the final product; and this means making the |
|
acquisition of chemicals used to cook methamphetamine even |
|
harder than it is now. |
|
One of our successes in this area is Operation Northern |
|
Star, which is a DEA-led initiative to cutoff the supply to |
|
superlabs of pseudoephedrine, the key ingredient, again, as you |
|
know, used to make meth. By focusing on the diversion of these |
|
chemicals from Canada to domestic superlabs, we have now seen a |
|
shrinking in the number of superlabs within the United States, |
|
and that is good news. However, we believe that some of these |
|
superlabs are being pushed south of our borders to Mexico; and |
|
for this reason we will continue to work with our international |
|
partners, such as the Fox administration, to stop the flow of |
|
these chemicals into Mexico, and we fully support the efforts |
|
of the Fox administration to become more effective in |
|
controlling the methamphetamine threat in Mexico. |
|
In addition to the efforts of Federal law enforcement, we |
|
continue to be focused on disrupting the domestic market for |
|
methamphetamine. For example, the percentage of Organized Crime |
|
Drug Enforcement Task Force, or OCDETF, investigations in which |
|
at least one of the drugs involved included methamphetamine has |
|
steadily increased, from 19.2 percent in fiscal year 2001 to |
|
26.7 percent in fiscal year 2004. |
|
Additionally, among the High Intensity Drug Trafficking |
|
Area, or HIDTA, initiatives that focus predominantly on a |
|
single drug, more have focused on methamphetamine than any |
|
other drug. Most of the remaining initiatives which were poly |
|
drug in nature included a methamphetamine focus. |
|
Among the many recommendations of the administration's |
|
Synthetic Drug Action Plan are those designed to cutoff access |
|
by methamphetamine producers to precursors such as |
|
pseudoephedrine. These including a lowering of the Federal |
|
limit on single sales of pseudoephedrine products and removing |
|
the so-called blister pack exemption that currently exists in |
|
Federal law. |
|
Federal legislation will be necessary to implement some of |
|
the recommendations set forth in the Action Plan, and we look |
|
forward to working with you to identify the right solutions. |
|
Additionally, some States have focused on limiting not only the |
|
amount of pseudoephedrine products that may be purchased, but |
|
also the location and manner in which the product may be |
|
purchased, and have imposed additional requirements for the |
|
process of the purchase itself. |
|
Over the next several months we will be closely analyzing |
|
the data and results in States where these innovative measures |
|
have been implemented. Many of these State actions were taken |
|
in the recent past, so over the next several months we will |
|
seek the best data and information possible to highlight which |
|
of those approaches are the most effective in reducing |
|
methamphetamine availability and lab numbers. |
|
In conclusion, as with the drug issue as a whole, it is |
|
important to remember that drug trafficking and production |
|
respond to effective supply and demand reduction measures, and |
|
the administration looks forward to working with Congress to |
|
effectuate a lasting reduction of the methamphetamine problem |
|
in America. |
|
I look forward to your questions and, again, thank you for |
|
holding this hearing. |
|
[The prepared statement of Mr. Burns follows:] |
|
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|
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|
|
Mr. Souder. Thank you very much. |
|
Mr. Domingo Herraiz, who is the Director of the Bureau of |
|
Justice Assistance, Office of Justice Programs of the U.S. |
|
Department of Justice, arguably the most important agency to a |
|
lot of our local State and police agencies. We appreciate your |
|
coming today and look forward to your testimony. |
|
Mr. Herraiz. Chairman Souder and members of the |
|
subcommittee, I am pleased to be here this morning before the |
|
subcommittee to discuss how the Office of Justice Programs |
|
provides support in addressing the problems of methamphetamine |
|
abuse, manufacturing, and tracking in the United States. |
|
As requested by the committee, I will also discuss the |
|
Office of Community Oriented Policing Services, the COPS |
|
office, and their meth programs. |
|
As we continue to combat the deadly scourge of |
|
methamphetamine, I want to point out that our overall effort in |
|
fighting crime is succeeding. I am pleased to report to you |
|
that the violent crime rate is the lowest in 30 years. For the |
|
first time in a decade we have seen teenage drug use fall |
|
across all boards, with the 8th, 10th, and 12th grade. Although |
|
we are encouraged by this data, if we want to continue the |
|
decline in crime, we realize we must remain committed to |
|
preventing crime and holding accountable those who violate our |
|
laws. |
|
As BJA director, I now focus on the problems associated |
|
with meth from a national perspective. However, in my previous |
|
position as Director of the Ohio Office of Criminal Justice |
|
Services I saw firsthand the toll that meth has had on Ohio |
|
families and children, as well as the Ohio criminal justice |
|
system. |
|
Mr. Chairman, as we both know coming from heartland States, |
|
the problems associated with meth production, distribution and |
|
abuse is of grave concern to rural areas. |
|
Through various BJA funding sources, law enforcement |
|
agencies across the country are addressing the prevention and |
|
treatment of meth abuse, as well as the production, |
|
distribution, and exposure risks to officers and citizens. Meth |
|
task forces and other anti-drug efforts investigate and |
|
prosecute drug crimes, as well as work diligently to ensure law |
|
enforcement officers' safety while encountering meth labs. BJA |
|
also provides valuable training and technical assistance to law |
|
enforcement on task force management and investigation. |
|
One of our primary funding sources for supporting efforts |
|
to fight meth abuse is the Edward Byrne Memorial State and |
|
Local Law Enforcement Assistance Program, which is a |
|
partnership among Federal, State, and local governments to |
|
create safer communities. Through Byrne, BJA awards grants to |
|
States for use by the States and units of local government to |
|
improve the functioning of the criminal justice system. |
|
In fiscal year 2003 alone, at least eight States and |
|
partnering local communities made use of $2.76 million in Byrne |
|
Program funds for anti-meth efforts. For example, in Tennessee, |
|
Byrne funds were used to support both meth investigation and |
|
trafficking efforts, as well as prevention efforts. In Oregon, |
|
Byrne funds were used to support two different regional drug |
|
task forces for meth lab seizures, as well as the destruction |
|
of street-level distribution. A Methamphetamine Response Team |
|
was funded in Kentucky and Kansas used Byrne funds to support |
|
the development of intensive supervision and treatment |
|
alternatives to meth abusers and offenders. |
|
The Bureau of Justice Assistance, the Drug Enforcement |
|
Administration, and the Office for Community Oriented Policing |
|
Services prepared a program-level environmental assessment |
|
governing meth lab operations. Officers face unknown exposure, |
|
as you have already mentioned, when responding to homes, hotel |
|
rooms, vehicles, and other places where meth is being produced |
|
or consumed. |
|
In addition, when the immediate exposure risks are |
|
mitigated, the problem isn't gone. Officers and departments |
|
must then decide what to do with the vehicle, the home, the |
|
hotel room that would normally soon be returned to its owners |
|
or occupants or used by other consumers, even though |
|
contamination may still be at unacceptable levels. Our |
|
assessment describes the adverse environmental, health, and |
|
safety impacts likely to be encountered by law enforcement |
|
agencies as they implement specific actions under their meth |
|
lab operations. |
|
Another BJA source of support for these efforts to combat |
|
meth abuse is the Local Law Enforcement Block Grant Program, |
|
which provides funds to units of local government to underwrite |
|
projects that reduce crime and improve public safety. The LLEBG |
|
Program, as it is referenced, allows funds to be used for |
|
various types of meth responses, including establishing multi- |
|
jurisdictional task forces, paying for law enforcement |
|
overtime, and acquiring specialized equipment. The funds can |
|
also be used to cover or defray costs of insurance for |
|
hazardous assignments, as may be required with this issue. |
|
In fiscal year 2004, LLEBG funds supported 12 projects in |
|
nine States, including Kentucky, Oregon, Texas, and Washington. |
|
For example, Richmond, Kentucky funded equipment purchases for |
|
a meth lab trailer that is used to process meth labs |
|
encountered within the county. Marion County, Oregon funded |
|
``NO METH: Not in My Neighborhood'' program, and Washington |
|
County, also in Oregon, launched an Anti-Methamphetamine |
|
Education Campaign. Corpus Christi, Texas purchased meth |
|
response protective gear for its officers. Thurston County, |
|
Washington provided overtime for its officers to support anti- |
|
methamphetamine efforts within the county. |
|
The administration has proposed replacing the Byrne and |
|
LLEBG Grant Programs with the new, more flexible Byrne Justice |
|
Assistance Grant Program in 2005. As you can see by these |
|
various funds, both the Law Enforcement Block Grant and the |
|
Byrne Program could be utilized for prevention, education, |
|
enforcement, and prosecution efforts. |
|
The Drug Court Discretionary Grant Program is another BJA- |
|
administered program which is a valuable resource for |
|
communities experiencing methamphetamine problems. Drug courts |
|
can assist those who abuse meth and other drugs by providing |
|
treatment, drug testing, sanctions, and transitional services |
|
to offenders. |
|
In addition to BJA's grant programs, I am placing an |
|
emphasis on providing training and technical assistance with |
|
regard to the complexities of the meth production and abuse. |
|
Just this past October, BJA, along with the Office of National |
|
Drug Control Policy and the Alliance for Model State Drug Laws, |
|
a BJA grantee, sponsored a National Methamphetamine Legislative |
|
and Policy Conference. The summit produced concrete strategies |
|
and raised awareness regarding additional work we need to do to |
|
comprehensively attack methamphetamine throughout the Nation. |
|
Through the Center for Task Force Training, BJA provides |
|
training to law enforcement on basic investigation techniques |
|
and basic drug task force management issues such as personnel |
|
selection, handling confidential informants, and raid planning. |
|
After hearing from law enforcement about their need for |
|
additional training, we have more than tripled our number of |
|
methamphetamine training courses offered nationwide, for a |
|
total of up to 12 courses. These courses are offered at the |
|
State level, for the State themselves, to then bring in local |
|
law enforcement to provide them the opportunity to be trained. |
|
Most recently, we have scheduled a course, actually in |
|
Virginia, as the first pilot of this project. |
|
Other components of the Office of Justice Program are also |
|
addressing meth use and serving its victims. For example, the |
|
National Institute of Justice is working on a comprehensive |
|
review of methamphetamine-related research that will identify |
|
lessons learned about enforcement and treatment, as well as |
|
research gaps that need to be addressed. |
|
The Office for Victims of Crime has a bulletin available |
|
called ``Children at Clandestine Methamphetamine Labs: Helping |
|
Meth's Youngest Victims.'' It explains that the best way to |
|
help these children is through coordinated multi-disciplinary |
|
efforts such as medical and mental health treatment services, |
|
child protective services, law enforcement, prosecution, and |
|
public safety officials. |
|
As the subcommittee is aware, the Office of Community |
|
Oriented Policing Services [COPS], operates the COPS |
|
Methamphetamine Program. The program is intended to support |
|
State and local clandestine lab cleanup efforts. In 2005, the |
|
administration requests $20 million for that purpose. |
|
Available on the COPS Web site is a problem-solving guide |
|
on clandestine drug labs and an evaluation of the COPS Meth |
|
Program. The guide is intended to help law enforcement develop |
|
proactive, prevention strategies and to improve the overall |
|
response to these incidents. The evaluation assesses the |
|
effectiveness of the community policing strategies employed by |
|
the various jurisdictions funded by the COPS Office under the |
|
Methamphetamine Program in fiscal year 1998. The evaluation |
|
report indicates successes among those agencies employing |
|
coordinated, proactive intervention tactics, including targeted |
|
enforcement strategies coupled with police and community |
|
awareness training regarding the production and distribution of |
|
the drug. |
|
Even though these collective efforts from OJP and COPS are |
|
helping address the Nation's meth problem, we recognize we need |
|
to work harder with all of our State and local partners to |
|
ensure that resources are used effectively and efficiently. |
|
Through our conferences, we have learned from the field that |
|
they would be better served by having a centralized resource, a |
|
portal, if you will, for information on meth abuse and |
|
strategies, including law enforcement and prosecution |
|
strategies, environmental briefs, research summaries, and |
|
funding information, and BJA is creating it. |
|
We appreciate the interest that you and your colleagues |
|
have shown in this critical drug abuse issue. I welcome the |
|
opportunity to answer your questions as it relates to the |
|
Office of Justice Programs. I would request that any questions |
|
related to the COPS Program be submitted to the COPS office in |
|
writing. Thank you. |
|
[The prepared statement of Mr. Herraiz follows:] |
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Mr. Souder. Thank you. |
|
Our next witness is Mr. Joseph Rannazzisi. I appreciate |
|
your work as the Deputy Chief of the Office of Enforcement of |
|
DEA. DEA increasingly plays not only an internationally |
|
important role, but in the United States working with our local |
|
drug task forces. So I am glad you came to testify today and |
|
look forward to your testimony. |
|
Mr. Rannazzisi. Thank you very much, sir. Chairman Souder, |
|
Ranking Member Cummings, distinguished members of the |
|
subcommittee, and fellow panel members, on behalf of |
|
Administrator Karen Tandy, I appreciate your invitation to |
|
testify today on the importance of law enforcement's fight |
|
against methamphetamine. |
|
Until the late 1980's, methamphetamine's popularity was |
|
primarily confined to the west coast and southwest. By the |
|
early 1990's, methamphetamine was gaining in popularity, |
|
spreading west to east across the country, and hitting rural |
|
areas particularly hard. No community is immune. |
|
There are three distinct components to combating the |
|
overall methamphetamine problem: first, enforcement; second, a |
|
comprehensive domestic and international precursor control |
|
program; and, third, the identification and cleanup of the |
|
growing number of small toxic labs, which we call STLs. |
|
As a result of our efforts and those of our law enforcement |
|
partners across the country and in Canada, since 2001, the |
|
United States has seen a 79 percent decrease in the seizure of |
|
superlabs. Enforcement efforts have also led to an 85 percent |
|
reduction in the amount of pseudoephedrine, ephedrine, and |
|
other methamphetamine precursors seized at the Canadian border, |
|
and the price of black market pseudoephedrine in California has |
|
doubled. |
|
Internationally, the DEA is working with our foreign |
|
counterparts to prevent the diversion of pseudoephedrine from |
|
Europe, China, and India to methamphetamine producing |
|
countries. |
|
Specialized training is required to safely and effectively |
|
conduct these investigations, and our Office of Training has |
|
developed a program for our agents, State and local officers, |
|
and our foreign counterparts. Since fiscal year 2000, we have |
|
provided basic clandestine laboratory training certification to |
|
over 6100 State and local law enforcement officers. |
|
Additionally, we are providing clandestine lab awareness |
|
training to approximately 17,000 students per year. |
|
Heightened enforcement efforts have resulted in a dramatic |
|
increase throughout the country. To properly dispose of |
|
resulting waste, the DEA has enlisted the services of the |
|
private sector to help clean up these lab sites. The DEA's |
|
Hazardous Waste Program, with the assistance of the COPS |
|
Program, supports and funds the cleanup of the majority of the |
|
laboratories seized in the United States. Though the number of |
|
cleanups has increased more than 4,000 percent, the average |
|
cost per cleanup has continued to decrease. |
|
In addition to the drain on law enforcement resources, the |
|
demands on medical, social, environmental, and public health |
|
and safety services continue to grow. STLs account for the vast |
|
majority of clandestine labs and are often discovered in areas |
|
where children live and play. These STLs also generate toxic |
|
waste, which is frequently discharged on the ground, into the |
|
waterways, or down the drain. Clearly, given the problem of |
|
this magnitude, there is a need for new approaches and strong |
|
regulatory controls on precursor chemicals used to manufacture |
|
methamphetamine. |
|
The regulation of ephedrine and pseudoephedrine is a vital |
|
overall strategy to combat methamphetamine abuse. State |
|
legislative measures have focused on limiting the amount of |
|
pseudoephedrine products that may be purchased, the location |
|
and manner in which the product may be purchased, the |
|
requirements for the process and purchase itself. Because State |
|
action regulating methamphetamine precursors is a recent |
|
development, the administration will wait for better data and |
|
information to emerge before commenting on the effectiveness |
|
and impact of any particular action in reducing methamphetamine |
|
availability or methamphetamine laboratory numbers and how they |
|
relate to Federal policy. |
|
The administration recently released the National Synthetic |
|
Drug Action Plan. In doing so, the Department of Justice, |
|
ONDCP, and DEA proclaimed the seriousness of the challenges |
|
posed by methamphetamine, along with other synthetic drugs and |
|
diverted pharmaceuticals, as well as our resolve to confront |
|
these challenges. The Action Plan outlines specific steps the |
|
Federal Government will take to accelerate our national efforts |
|
against these harmful substances. |
|
The DEA is energetically combating our national |
|
methamphetamine epidemic on several fronts: we are engaged in |
|
aggressive enforcement, comprehensive domestic and |
|
international precursor chemical control, the identification of |
|
cleanup of the growing number of STLs, and providing |
|
clandestine laboratory training to our law enforcement |
|
partners, as well as our foreign counterparts. In addition to |
|
our efforts in these areas, we also believe that stricter |
|
regulatory controls of precursor chemicals is one of the most |
|
effective tools available to assist in the fight against |
|
illicit methamphetamine production. |
|
Thank you for your recognition of this important issue and |
|
the opportunity to testify here today. I look forward to |
|
answering any questions you may have. Thank you. |
|
[The prepared statement of Mr. Rannazzisi follows:] |
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|
Mr. Souder. Thank you. |
|
I want the record to show, too, that what our committee is |
|
finding is that the national EPIC number of 17,000 is |
|
tremendously understated. In northeast Indiana alone, in |
|
talking with our sheriffs, the number in my district exceeds |
|
the number for the State; and in Northwest Arkansas, they had |
|
more than was reported for their entire State; and in meetings |
|
that we had with Congressman Alexander in Alexandria and |
|
Monroe, Louisiana, with about 30 to 50 sheriffs and |
|
prosecutors, they just dwarfed the numbers that are reported. |
|
It doesn't appear that any one State is off; it is a |
|
process. But I think that explains some of the political |
|
pressure that we are hearing, because somehow our numbers |
|
aren't matching in the reporting, and I think it is just a lot |
|
of them are very small local police that are so overwhelmed. |
|
In my district we can't build enough jails to put the meth |
|
addicts in. Every single county outside of Allen County, where |
|
Fort Wayne is, has the majority of their jail spots filled |
|
right now with meth addicts. And the second they let them out, |
|
they are right back in it. They are the most immune group to |
|
treatment that we have faced in any of our drug questions right |
|
now, and it is partly why we are feeling this political |
|
pressure. |
|
But first I wanted to ask Mr. Burns and Mr. Rannazzisi, on |
|
the small meth labs, what is the main source of precursor |
|
supply? Do you feel they are buying it from pharmacies or |
|
stealing it? Do they get the anhydrous ammonia and other |
|
solvents by buying them or stealing them? |
|
Mr. Rannazzisi. Let us talk about the anhydrous ammonia |
|
first. Extremely dangerous chemical used in farming. A |
|
necessary tool for farmers. Basically, they are stealing it. |
|
They are walking in, looking at nurse tanks that are on |
|
farmland, waiting late at night, walking onto the farmland, |
|
tapping into the nurse tank, an extremely dangerous situation. |
|
Anhydrous ammonia is a terrible, terrible chemical as far as |
|
inhalation; severe medical damage to the lungs. There have been |
|
countless reports of police officers and people being injured |
|
or killed, citizens being killed because of anhydrous. |
|
If you remember correctly, I believe it was last year there |
|
was a meth lab operator who tapped into a high-pressure |
|
anhydrous line in Florida. It was a pipeline. It scorched 500 |
|
acres of land. I believe two residential developments were |
|
evacuated and a school. Obviously, they need the chemicals, and |
|
they go after the chemical that way. |
|
Mr. Souder. What about the pseudoephedrine? |
|
Mr. Rannazzisi. Pseudoephedrine is available in all |
|
different markets. I believe we have done a very good job in |
|
stopping the bulk flow across the Canadian border. We do know |
|
that pseudoephedrine is still sent out from, as you said, the |
|
European countries and China and India. There is that sector of |
|
bulk pseudoephedrine; there is also the retail sector. |
|
Obviously, you could walk into pharmacies and buy |
|
pseudoephedrine. |
|
Mr. Souder. There is no reason to steal it if you can buy |
|
it over the counter. |
|
Mr. Rannazzisi. Right. There are reports where people have |
|
done sweeps where they have actually walked into pharmacies |
|
with shopping bags and just swept the whole shelf, put them in |
|
the bag and ran out of the store. There are serious concerns |
|
about stealing as well. The profit margin is so high, though, |
|
if you think about it, why would you want to steal it and get |
|
caught, when you could purchase it. You could smurf it, go to |
|
five, six, seven pharmacies or other areas, purchase it, and |
|
make your methamphetamine. |
|
Mr. Souder. Because a lot of the mom-and-pop people are |
|
cooking for themselves, or maybe two people, and they can buy |
|
it. It is only if they maybe start to get a circle of 10 to 15 |
|
would you start to see---- |
|
Mr. Rannazzisi. I believe that is accurate. Well, I don't |
|
like to call them mom-and-pop labs; we call them STLs. As a |
|
gentleman in Kentucky told me, I've known my mom and pop for 43 |
|
years, and I have never gone home and watched them cook meth. |
|
And I really believe that is accurate. We call them STLs |
|
because that is what they are, they are very toxic labs. |
|
Mr. Souder. But there is a difference between those who are |
|
predominantly cooking for themselves and the immediate |
|
household, and those who are actually dealers as well. |
|
Mr. Rannazzisi. That is right. If you look at the people |
|
who are cooking in their houses, you are looking at small labs, |
|
probably no more than an ounce. Then you have the people who |
|
are cooking to support their habit and also to make money. They |
|
are going to be the multi-ounce purchasers. They are the guys |
|
who are going to be going out and smurfing large quantities of |
|
retail sales pseudo, and they are going to be going to 5, 6, 7, |
|
10 retail distributors purchasing their packs, bringing it home |
|
and starting the process. |
|
Mr. Souder. Oklahoma has probably the toughest law at this |
|
point, and they seem to be making some progress. Do you believe |
|
that is because of the law? |
|
Mr. Rannazzisi. I am very cautious to discuss the Oklahoma |
|
law, and the reason is because, as you said, the statistics |
|
that are coming out now--let us talk about the CLSS first of |
|
all. I think you mentioned that the CLSS statistics are kind of |
|
off; and the reason is that there is always a time lag between |
|
when the lab is seized and when the paperwork is submitted. |
|
Now, on the CLSS, paperwork is submitted from all different |
|
areas. On the west coast it is submitted through WISEN, which |
|
is a collaborative intelligence center; there could be a 2 to |
|
3-month lag time. But in these smaller departments, they have |
|
so much to do, they might not submit their paperwork for 3, 4, |
|
or 5 months. They are getting it in, they just are not getting |
|
it in on a timely basis. |
|
And I understand, I was a lab agent for many years; I still |
|
am a lab agent. I don't feel that blame should be put on those |
|
officers; they are doing their best. But that is why we don't |
|
look at those statistics. We don't look at the November |
|
statistics and say, look at this, this is where we are. We |
|
usually wait about 4 to 6 months from the month we are looking |
|
at to make a determination that is a good number. |
|
So what I would like to do, and I think what the |
|
administration and the Department wants to do, is sit back and |
|
wait about a year. Look at the statistics after a year to make |
|
a determination how much impact that Oklahoma legislation had. |
|
I think that is the prudent thing to do. |
|
Mr. Souder. Did you see the Oregonian, which has a |
|
cumulative chart that combines DEA data and a Rand Study that |
|
shows when we regulated ephedrine, the purity of meth dropped |
|
dramatically over a period of a number of years? Then as they |
|
figured out they could use pseudoephedrine, it went back up |
|
again. And when we started to put more regulations on |
|
pseudoephedrine, it dropped again. That is a long-term chart |
|
that shows some correlation to the regulation that uses some |
|
DEA data. Are you familiar with that chart? |
|
Mr. Rannazzisi. I have read that article numerous times and |
|
I am familiar with that. I am interested to see where the |
|
purity data came from. I am not familiar with the sources that |
|
they got that data from. Obviously, whenever we have a major |
|
enforcement push, an operation that cuts the flow of precursor |
|
chemicals, there is going to be less of a market, less |
|
methamphetamine on the market. If there is less methamphetamine |
|
on the market, the dealers that have the methamphetamine are |
|
going to cut their product to service more people, so you are |
|
going to see a period of decrease. That is an absolute. |
|
Mr. Souder. I would appreciate it if you could, since the |
|
footnote source is DEA and a Rand Study, get back to us with |
|
particulars. Because if that study is incorrect--I know the |
|
difficulty of determining purity, too. A chart makes it look |
|
very scientific, but that is actually good news, if we show |
|
that when we combine intercept internationally and control at |
|
the local pharmacy level, that we have a reduction in purity. |
|
But I would like to make sure that chart is accurate. |
|
Mr. Rannazzisi. Thank you, sir. I will take care of that. |
|
Mr. Souder. Mr. Cummings. |
|
Mr. Cummings. You don't believe that the numbers are |
|
accurate when it comes to people involved in using |
|
methamphetamine? It sounds like you and the chairman were in |
|
some agreement on that. In other words, the number of people, |
|
whether the stats that we get--he just talked about Indiana, |
|
and then you seem like you kind of verified it, that you don't |
|
believe that the stats. He said the jails are filled with |
|
methamphetamine addicts, and I thought you kind of verified it, |
|
but tell me. |
|
I guess what I am trying to get to is, first of all, we |
|
have to understand what our problem is and the extent of it, |
|
before we can deal with it; and if we are not getting numbers |
|
that are accurate--and you gave some reasons why they might not |
|
be accurate, but, first of all, I want to know you obviously |
|
believe that the problem is worse than what it appears to be, |
|
or what the information is being put out to be. |
|
Mr. Rannazzisi. Oh, absolutely. I believe there is a |
|
terrible problem with methamphetamine abuse, and I believe |
|
there is a very large population of abusers out there. I |
|
believe there is a large population of abusers that haven't |
|
been identified. That is absolutely correct. |
|
Mr. Cummings. I listened to you talk about things that the |
|
DEA was doing--and, gentlemen, you might want to chime in |
|
whenever you get ready to--and we are talking about training? |
|
Mr. Rannazzisi. Yes, sir. |
|
Mr. Cummings. Tell me just generally about the training. |
|
What does the training entail that is different than, say, |
|
dealing with other drugs? |
|
Mr. Rannazzisi. Well, there are several different training |
|
courses, but let us take you through what an agent goes through |
|
for training. You start with your clandestine lab investigation |
|
and safety course. That is about 2 weeks long. Once you get |
|
that course under your belt and you go out, learn a little bit |
|
about labs, then they send you back for safety officer school, |
|
which I believe is another 3 to 5 days. That is advanced |
|
training. You get to learn about the equipment and how to take |
|
it apart, how to check it, make sure it functions properly; how |
|
to set up a site safety; how to make sure that all the toxic |
|
substances are identified and removed. Then you go into your |
|
instructor class. |
|
That is basically the progression. It is quite a bit of |
|
training, and there is also a lot of on-the-job training. When |
|
we take our new lab agents into the labs, it is on-the-job |
|
training; we are teaching them what to do and what not to do. |
|
The problem with labs, unlike other law enforcement, is |
|
until you have done it, until you have seen a process go bad, |
|
you really just don't know. And you are working in very |
|
restrictive suits. You do an entry where a lot of times your |
|
vision is restricted because you are wearing respiratory gear. |
|
You have to operate in these big bulky suits; you have to be |
|
very careful. There is always an inhalation problem, where you |
|
could inhale toxic substances. It is just a different type of |
|
law enforcement. It is a very different type of law |
|
enforcement. |
|
Mr. Cummings. Let me ask you this. If you were up here and |
|
you got people in your district that are suffering tremendously |
|
with regard to meth addiction, and you see the labs all over |
|
the place, what would you do? I mean, in other words, is there |
|
something that we can do that we are not doing? Because that is |
|
the bottom line. Is there something that we as Members of |
|
Congress can do? We obviously have bad numbers, and the problem |
|
is worse than what we think it is. |
|
Clearly, this drug is destroying a whole lot of people. I |
|
am always amazed when I go into these various counties outside |
|
of urban areas and find out how many people are involved in |
|
drugs. And they serve their time, maybe they get caught; they |
|
can't get jobs, they can't support their families, and then |
|
they are back in jail again. Communities destroyed; families |
|
paying out money,; good, hard-working people trying to keep |
|
their kids going, trying to stop them from committing crimes, |
|
so they are coming out of their pocket with money that they |
|
could be paying their mortgages and buying food with and |
|
medicine or whatever. So it is a tremendous drain on our |
|
society. |
|
I am just trying to figure out what can we do to try to |
|
address this problem that is just really going out of whack? |
|
What would you do, more than what we are doing? |
|
And then just one tag-on question on that one. You were |
|
talking about the Federal Government should wait and see how |
|
these State laws work out, and I think that is not an |
|
unreasonable proposition. The problem is that there are too |
|
many people suffering in the meantime. |
|
And I am just wondering how long is long enough to wait? I |
|
am assuming we are going to get some people come up here saying |
|
how great their State law is working, and I am just guessing |
|
they may say the Federal Government ought to be doing this and |
|
helping out and maybe making this across-the-board so that you |
|
can help us in our communities. And since you won't be coming |
|
back up, I just want to get you to answer that. |
|
Mr. Rannazzisi. Well, personally, I believe that looking at |
|
the data for about a year, if we could look at a year's worth |
|
of data, I think that will give the statistics enough time to |
|
stabilize and we could make a good determination of what impact |
|
it is having on the community. Obviously, if the lab seizures |
|
significantly decrease within a year, then we should look at |
|
that legislation strongly. |
|
But what we do also see is peaks and valleys, and it might |
|
not stabilize down; there might be another source of that |
|
pseudoephedrine coming in somewhere. That is why we always like |
|
to wait to make a determination, to make an informed |
|
determination. For me to come back here and tell you I believe |
|
that this is the way to go, I think it wouldn't be prudent for |
|
me to say, at this point in time, this is it, this is what we |
|
need. Is it promising? Absolutely it is promising. |
|
But I don't think I could sit here today and tell you that, |
|
at this point in time, with what I have, the statistical data I |
|
have, that is necessarily the answer. It is a very promising |
|
piece of legislation. I know the legislation you are talking |
|
about. But at this point in time I don't think we have enough |
|
data to make that determination. |
|
Mr. Cummings. To the first part of the question, what would |
|
you do? Is there something that we can do more than what we are |
|
already doing? |
|
Mr. Rannazzisi. Well, obviously, there is an awareness |
|
issue, getting the retailers to understand that this is |
|
extremely dangerous; allowing people to walk into a store and |
|
buy 10, 15 packs of blister-exempt products. Obviously, if you |
|
are buying 10 to 15 packs of blister packs, I just can't |
|
imagine you have that bad of a cold; I think that you are doing |
|
something else with the drug. And if retailers would understand |
|
that, they would limit. |
|
About 3 years ago, when I was a section chief in the |
|
Dangerous Drugs and Chemicals Section, I sent two of my guys |
|
into a local place. I said, here is $500, see how much |
|
pseudoephedrine you can buy; and they basically came back with |
|
a bag full of pseudoephedrine. They paid $350 for it and no one |
|
looked at them, no one said boo. |
|
So I think the one component is the retailers have to be |
|
our partners. The retailers are going to have to stop allowing |
|
people to walk in and purchase quantities, large quantities. I |
|
think that is part of the issue. |
|
Mr. Cummings. I just wanted to leave you with this. I never |
|
thought I would go all the way back to when I was 16 with |
|
regard to this issue, but when I was 16 years old, I worked in |
|
a drug store, and I remember I didn't even understand |
|
Robitussin, but I remember people used to come in and buy |
|
Robitussin, I mean, like seven and eight bottles of it. Now, I |
|
knew people had colds and everything, but I thought that was a |
|
bit much. But I didn't know. Come to find out they were buying |
|
Robitussin to get high. And when I figured it out, I mentioned |
|
it to the fellow, who now is deceased, who owned the drug |
|
store, and he was saying you have to understand, I have to make |
|
a profit. |
|
I would hope that we would be able to get the kind of |
|
cooperation from the drug stores and whatever, but I am not |
|
sure that is enough. And I guess that is the frustrating part |
|
of all of this, as I listened to all of you, and perhaps the |
|
witnesses that will come later will help us, but I can't |
|
believe that we have to sit and wait while all this destruction |
|
is taking place. Maybe I am just too impatient, but we have one |
|
life to live; this is it. |
|
Mr. Rannazzisi. And I understand your frustration, sir. I |
|
have been working lab cases as a diversion investigator and |
|
agent since 1986, and I have watched the progression of this |
|
problem. I have seen them go from phenyl to propenol and |
|
phenylacetic acid to ephedrine to pseudoephedrine, and all the |
|
weird combinations in between. It is a very frustrating |
|
process, and no one is more frustrated than me, because I have |
|
to go out into the communities and talk to the local officers |
|
and hear their problems. And they are problems, they are |
|
serious problems, because they care about the people they |
|
protect and serve. At this juncture, though, we have to look at |
|
all different types of legislation; we have to see what is |
|
going to be the most effective thing before we can sit here and |
|
make a determination. |
|
Mr. Cummings. Do you think the Office of Drug Control |
|
Policy, for example, is doing enough in regard to prevention? I |
|
mean, when you hear the stories like Mr. Mica talked about, the |
|
baby being put in the microwave, we have heard all kinds of |
|
stories. If some people could just see films of things that |
|
people do on meth, I just wonder whether it would make them |
|
think twice before they even got involved in it. |
|
Thank you, Mr. Chairman. |
|
Mr. Souder. Ms. McCollum. |
|
Ms. McCollum. Thank you, Mr. Chair. |
|
I would like to kind of talk a little bit about the |
|
training. And I want to say that the Department has worked very |
|
hard to expand the training opportunities, but there are still |
|
barriers to many law enforcement receiving the training. Do you |
|
have or can you make available to the committee how many--I |
|
will use my State for an example--how many sheriff's offices |
|
through the counties, how many municipalities have taken |
|
advantage of the training, the followup training that is |
|
involved in it? |
|
Because what we are seeing is people are going out and |
|
getting trained on it, but there are so many other demands, |
|
State cuts occurring in law enforcement and other things, that |
|
we don't have maybe as many people taking advantage of the |
|
training as we realize, just as Congressman Cummings was |
|
talking about really knowing the numbers of people who are |
|
incarcerated, as the sheriff pointed out; how many children are |
|
being impacted in social services and everything like that. We |
|
need to get a handle on this for the numbers, and I don't know |
|
if you have data available, if you could get it to the |
|
committee. |
|
Mr. Herraiz. Mr. Chairman and Congresswoman McCollum, we |
|
certainly would be happy at the Department to get you that |
|
information. I would like to followup, though, as to the |
|
training aspect and share with you just a better snapshot of |
|
what is actually happening. |
|
It is imperative, as I mentioned in my testimony about the |
|
rural jurisdictions. Too many times sheriffs' deputies will be |
|
going into a scene that they are going there for something |
|
else, and they have no idea that they are going to encounter a |
|
meth lab. It could be a protective service order or something |
|
that they are going to serve, and they do. And if they have |
|
been improperly trained, we have already put their life at |
|
risk. |
|
So what is important for us to look at is to get to |
|
Congressman Cummings' issue as far as what is it that we could |
|
do differently while you, in the meantime, continue to look at |
|
the legislative remedies. I think it is important for us to |
|
expand our training efforts. |
|
I mentioned to you, again in the testimony, that we are |
|
going to triple, and we are doing it currently, triple our |
|
methamphetamine training at a State level. It is at a State |
|
level in the sense of those who receive our funds, because that |
|
is our point of contact, to provide it for the locals. So if |
|
you can envision that in 12 States this coming year, for the |
|
first time, the Bureau of Justice Assistance will be able to |
|
offer that training to all local law enforcement through the |
|
State criminal justice entity, this is a huge step forward. |
|
For us to be able to, in that training, educate law |
|
enforcement officers on a traffic stop, as an example. When |
|
they pull over someone's car for a speeding ticket, what have |
|
you, and approach the car and they see these chemicals in the |
|
back, many law enforcement officers have no idea what they are |
|
actually seeing. So it is imperative that we educate the law |
|
enforcement officers. |
|
As was mentioned from DEA, it is imperative we educate |
|
pharmacists and clerks in facilities, whether it be a retail |
|
facility or a drug store chain, what to look for so that they |
|
can in fact alert law enforcement. Training is something that |
|
we can do more of, and that is public education as well. I |
|
think that so much of that can happen. |
|
In my own home State we found methamphetamine labs in the |
|
back of trunks at rest stops. So it is a pervasive issue, but I |
|
still think there is much more that we can do through training |
|
and education. |
|
You had referenced meth in the context of treatment, and |
|
when you are looking at facilities, Mr. Chairman, you |
|
referenced the county facilities in your community. In the |
|
Residential Substance Abuse Treatment Program that our agency |
|
runs, there are resources to actually invest back into the |
|
State and local communities so folks can receive treatment |
|
while they are incarcerated, so we don't maintain that |
|
revolving door. |
|
We can continue to make utilization of the Regional |
|
Information Sharing Systems that are out there that the |
|
Department of Justice funds because as we know if an epidemic |
|
occurs, if it is in Fort Wayne, IN, it will soon be in Van |
|
Wert, Ohio. So it is important for us to continue to educate, |
|
and the best way to do that is through law enforcement |
|
information sharing systems such as, in this case, the RISS |
|
network that is funded by the government and administered |
|
through our office. |
|
So, again, we can get you more specific details on who has |
|
been trained and what is available. I can tell you the LLEBG |
|
resources and the Byrne resources are heavily involved in |
|
training initiatives for law enforcement, as well as funding |
|
the majority of the law enforcement multi-jurisdictional drug |
|
task forces that are out in the country. |
|
Ms. McCollum. And that is good, and I support the dollars |
|
for doing that, but sometimes I have found that other law |
|
enforcement issues aren't funded in order to increase funding |
|
into another program, and we need to be cognizant of not |
|
turning our back on another potential source of crime to fund |
|
another one. |
|
I will use Minnesota as the example. Ten percent of the |
|
methamphetamine, to the best of our knowledge, is from the |
|
small labs; 90 percent is what is coming in. Now, of that 10 |
|
percent, we need to address it aggressively, we need to |
|
continue to work with our retailers on that. |
|
But to just focus overwhelmingly--and each State is going |
|
to be different--for that 10 percent, when 90 percent of it is |
|
what is coming in, and we are seeing an increase on that, what |
|
do we need to do to stop that 90 percent coming in over the |
|
borders? I mean, we are supposed to be at heightened alert for |
|
activity now with homeland security, with what is going on with |
|
our borders, and when we see 90 percent of it not being |
|
produced locally, but coming in, and the term ``farm Mexico'' |
|
was used by my law enforcement, I think we still have a huge |
|
problem going back to homeland security. |
|
So where is the integration going on with that? What do we |
|
need to be aware of in Congress to make that more effective? |
|
Because if we can't keep out methamphetamine, how are we |
|
keeping out terrorists? |
|
Mr. Rannazzisi. Well, ma'am, to start, I don't think we are |
|
concentrating just on the small labs. I think the small labs |
|
are important because the meth coming from Mexico or other |
|
countries is produced and it is in the marketplace. When these |
|
people actually make methamphetamine in STLs, it presents a |
|
great problem for the health and safety of the community at |
|
large, and then that---- |
|
Ms. McCollum. Sir, I understand that fully, and that is why |
|
I prefaced it. I don't take away the seriousness of the 10 |
|
percent. I have law enforcement officers who have had to retire |
|
early because of going into meth labs and literally having |
|
their lungs destroyed. I take this very seriously. I had a |
|
constituent who purchased a home, who ran a daycare in it, and |
|
it wasn't disclosed in their retail. I understand that. I |
|
support the actions that the committee is taking on this; we |
|
need to focus on it. |
|
But in Minnesota, when 90 percent of the methamphetamine is |
|
coming in, the prisons are full, there is no treatment |
|
facility, we have children who are now in our social network |
|
system. I also want to know what we are doing as a country to |
|
decrease the amount of methamphetamine that is coming in |
|
illegal into this country. |
|
Mr. Rannazzisi. Well, to begin with, we are working with |
|
our foreign counterparts at the chemical-producing countries. |
|
We are trying to track the chemical shipments from places like |
|
China and Germany and India into those chemical-producing |
|
countries. We are actually asking for voluntary stop of those |
|
shipments. We are notified of the shipments; we know where they |
|
are going and we know where the methamphetamine is being |
|
produced. Say Mexico, for instance. We know that Mexico has |
|
several production laboratories down there. We are working with |
|
the Mexican authorities; we are actually training the Mexican |
|
authorities in clandestine laboratory enforcement so they can |
|
go out, find and identify these labs, and dismantle them. |
|
Unfortunately, when the problem moves outside of domestic |
|
boundaries, we have to work in conjunction with our |
|
international partners, and we are doing that. We are doing |
|
that in Mexico and abroad. It is difficult to shut down the |
|
border for methamphetamine, just as it is for cocaine and |
|
heroin, because the trafficking groups generally don't send one |
|
huge load through one particular port of entry. |
|
What they do is they find very novel approaches to move a |
|
contraband into the country. If I produce 300 pounds of |
|
methamphetamine, I am not going to move them all through one |
|
port of entry; what I am going to do is split the load. That |
|
way, if I lose two components of the load, I still have two to |
|
make my profit. And that is what is happening. |
|
But we still do have superlabs here as well. Not to the |
|
extent that we had 2 years ago, but we still have production |
|
labs. So we are working the production labs domestically on an |
|
enforcement basis with DEA and our local and State |
|
counterparts, and then we are working abroad in the chemical- |
|
producing countries, where the precursors start, and then in |
|
the production countries, such as Mexico, where it is being |
|
manufactured. |
|
Ms. McCollum. Mr. Chair? I think that because they are two |
|
very serious ways in which people access these illegal drugs, |
|
both the small labs here and, as the gentleman pointed out, |
|
there are some large labs here, but also the international |
|
trafficking of this over our borders, at a time when we believe |
|
in Congress that we are spending a lot of money trying to make |
|
our borders more secure. Both of those maybe need to be |
|
separated out, as well as this is such a big topic, maybe what |
|
we need to do, Mr. Chair, with your help, is to break the next |
|
set of hearings down into smaller components so we can really |
|
wrestle and get into what we need to do congressionally to put |
|
an end to this problem. |
|
Mr. Souder. I appreciate your suggestion, and as we pursue |
|
the meth problem, that is a good point. I want you to know, as |
|
well as the other members of the panel and those who are |
|
listening, that we are having a major internal battle which I |
|
think, based on everyday changes, that we have made some |
|
progress on. Speaker Hastert has been taking the lead. |
|
Obviously, border control and homeland security, the narcotics |
|
part and homeland security are totally interrelated; they are |
|
the same people on the border. |
|
And one of the arguments we are having on the so-called 9/ |
|
11 Commission bill is a series of amendments that I had in the |
|
Homeland Security Committee that the Speaker is advocating to |
|
strengthen the Air and Marine Division inside Border |
|
Protection, which is danger of being gutted; to strengthen the |
|
Counternarcotics Office that didn't even have anything but a |
|
detailee there, even though Coast Guard, Border Patrol, |
|
Customs, those legacy agencies are the major part; and to also |
|
take a number of other steps. |
|
We have seen the Shadow Wolves in effect disbanded, which |
|
is a critical part on the Arizona border, and we cannot talk |
|
about how we are going to control the borders if we disband the |
|
anti-narcotics operations inside Homeland Security. The |
|
Department of Homeland Security has to understand that if they |
|
are in charge of the border, narcotics is part of their |
|
mission. And this committee has been taking the lead, and we |
|
need to continue to push that part of it. |
|
In addition, clearly, if we lose these court rulings on the |
|
drug dogs, this is a disaster at the borders. There has been a |
|
local hearing that is going up toward the Federal level that |
|
would challenge the propriety of drug dog hits at the border, |
|
and that is one of the only ways that we pick up the random, if |
|
we don't have a tip. And if we don't have control of the |
|
border, anything else we talk about becomes more or less |
|
irrelevant. |
|
I need to ask a series of questions here which we may not |
|
have all the answers, but I want to make sure some of these get |
|
in the record, and we will have some additional questions, |
|
because we are working toward a package and also what we should |
|
focus on in hearings in this next year. And I want to followup |
|
directly with one of the things that Ms. McCollum just asked |
|
Mr. Rannazzisi. |
|
The Oregonian newspaper reported that DEA has not actively |
|
sought information or cooperation from manufacturers or law |
|
enforcement authorities in India, one of the major |
|
pseudoephedrine exporters. The Indians, however, claim that |
|
they are very willing to work with DEA to address the diversion |
|
program, including by providing DEA with documentation about |
|
exports to third countries, such as Canada. Does DEA plan to |
|
increase its efforts in India and elsewhere to monitor and |
|
track the pseudoephedrine exports to third countries? |
|
Mr. Rannazzisi. We do work with the Indian government. We |
|
sit on numerous international committees where there is dialog |
|
between our staff and the Indian government regarding shipments |
|
of chemicals. I don't understand where that came from, but that |
|
is just not the case. |
|
Mr. Souder. Could you provide us with how many agents in |
|
India you have working on this, roughly? I realize agents do |
|
multiple tasks. And also, in particular, the question of third |
|
countries. In other words, often we are looking directly at us, |
|
but a lot of this is coming from Mexico and Canada. |
|
Also, do you and Mr. Burns believe that we need new import |
|
quotas or controls to prevent diversion of pseudoephedrine? |
|
Mr. Burns. I didn't get the question. |
|
Mr. Souder. Do you believe we need new import quotas or |
|
other controls to prevent diversion of pseudoephedrine? |
|
Mr. Burns. Yes. I think that is something that would be |
|
very helpful to address some of the questions that you have |
|
asked and Congresswoman McCollum and Ranking Member Cummings. |
|
Let me just try and briefly state this: You have been very |
|
helpful. Ranking Member, you asked if we need to step back and |
|
look at the overall picture, and at the Office of National Drug |
|
Control Policy, that is what we try and do, and rely on good |
|
numbers for sound policy. You require it, the President |
|
requires it, Drug Czar John Walters certainly requires it. |
|
And what we know from the household survey and from |
|
monitoring the future is that there are currently 19.5 million |
|
illegal drug users in this country. Some of the most recent |
|
numbers. Seventy-five percent singularly or co-use marijuana; |
|
about 6 million are using illegally prescription drugs. That is |
|
a 150 percent increase in 5 years. That is a problem. About 3 |
|
million cocaine; about 1.5 heroin; and about 1.5 |
|
methamphetamine. |
|
So why this hearing today and why the Federal Government's |
|
response so aggressively to methamphetamine? For all the |
|
reasons that you have stated. We could be here all day, and I |
|
could try and respond to you what we have been doing in the |
|
State of Minnesota. I have been there three times in the last |
|
year. I flew with your senator to small towns all over the |
|
State; we had hearings. I called them talk-listen sessions. |
|
Senator Rosen has been very aggressive in gaining the ear |
|
of the Office of National Drug Control Policy. With your |
|
Governor, I recently flew around to several small towns and we |
|
listened again, trying to fix problems one at a time with |
|
respect to training, literally getting on the phone with law |
|
enforcement agencies, hooking the up with the Midwest HIDTA, |
|
which is located close by, and demanding that training |
|
information and access be made available. |
|
Ranking Member Cummings, you have one of the best HIDTAs in |
|
the country, with Director Tom Carr. I know that you have been |
|
wholly and fully engaged with Director Walters and others not |
|
only on this problem, but others. |
|
But the one point that I would like to make, and Mr. |
|
Rannazzisi has talked about the need to look at the numbers, it |
|
is because you demand good policy. This National Synthetics |
|
Drug Action Plan came out less than a month ago. It has taken |
|
us a long time to define what the issues are with all synthetic |
|
drugs and to come up with a plan so at some point we can come |
|
to you with numbers and with recommendations that are |
|
appropriate. |
|
And I am going to chair a synthetic drug working group; the |
|
Plan requires that be set up within 30 days, and the first |
|
meeting will take place within the next couple of weeks. And |
|
then I hope, and I say this to all of you, that we will be able |
|
to come back, as Mr. Rannazzisi has said, with good numbers so |
|
that you can make good decisions based on sound policy. |
|
Mr. Souder. We need to get to our second panel, but I have |
|
some very specifics that I want to have on the record. Did DEA |
|
support new import quotas or controls to prevent diversion? |
|
Mr. Rannazzisi. I am sorry, sir, could you repeat that |
|
question? |
|
Mr. Souder. Do you support new import quotas or other |
|
controls to prevent diversion of pseudoephedrine? |
|
Mr. Rannazzisi. I believe that is in the National Drug |
|
Synthetic Action Plan, and I do believe we support that, |
|
absolutely. |
|
Mr. Souder. Another question has to do with Glowtel. There |
|
have been lots of news stories around the country that says |
|
when Glowtel is added to anhydrous ammonia, it dyes it bright |
|
pink. Apparently, the bright pink color transfers to any meth |
|
made with anhydrous ammonia and actually stains any users of |
|
the drug. Should the Government promote the use of this |
|
additive? |
|
Mr. Rannazzisi. I know about the additive, I just don't |
|
know enough to promote or tell you that it is a good program. I |
|
do know that there are a couple of other studies out there, |
|
including University of Iowa---- |
|
Mr. Souder. Are you investigating this or is ONDCP or |
|
Justice? |
|
Mr. Rannazzisi. I believe our lab program is investigating |
|
it, our forensic laboratory program is looking into it. |
|
Mr. Souder. Can you have somebody respond to the committee |
|
on any investigations on Glowtel? |
|
Mr. Rannazzisi. Yes. |
|
Mr. Souder. Also, The Oregonian newspaper said Pfizer has |
|
announced it would soon introduce a new form of Sudafed which |
|
contains, instead of pseudoephedrine, a compound called |
|
phenylephrine. And you, earlier, just referred to some acid |
|
that sounded like it was the same basic component, you said |
|
phenyl acid? |
|
Mr. Rannazzisi. Phenylacidic acid. It is a different |
|
precursor. It was one of the primary precursors used way back. |
|
Mr. Souder. So do you believe that such chemicals like that |
|
could prevent meth use, or will they be able to transfer like |
|
they have transferred from ephedrine to pseudoephedrine? |
|
Mr. Rannazzisi. If we are talking about the drug |
|
phenylephrine, our lab has done studies with phenylephrine, and |
|
they do not believe that you can manufacture methamphetamine |
|
from that substance. |
|
Mr. Souder. So that becomes a very interesting question, |
|
because there may be more than one way to tackle this problem. |
|
We have some other written questions I want to submit, but |
|
I want to say both to the Department of Justice and the CTAC |
|
Program that what we have heard in State after State from law |
|
enforcement officials is they appreciate the training. Their |
|
No. 1 problem right now is not the training. They don't have |
|
cleanup equipment. In CTAC or from Bureau of Justice |
|
Assistance, these mobile labs are very expensive. |
|
What is happening is we are freelancing in the |
|
appropriations process. I, for 2 straight years, have gotten |
|
money for Indiana that way; Tennessee has gotten money for |
|
their State; Hawaii has gotten money for their State. What is |
|
happening, because, bluntly put, the administration is not |
|
responding, in my opinion, to what local law enforcement is |
|
asking, individual Members of Congress are freelancing and |
|
earmarking your appropriations. |
|
And we need to look at and listen at the grassroots level; |
|
otherwise, we are going to have chaos in our appropriations |
|
process. With no national drug control plan, we are going to |
|
have individual Members of Congress responding to what they are |
|
hearing from the grassroots level; and that is one thing that |
|
we need to look at in the mix of the equipment and how to do |
|
that. |
|
Does anybody else have anything on the first panel? |
|
Mr. Cummings. I just have two questions. |
|
And I will submit some written questions, gentlemen. I want |
|
to thank you for your testimony. |
|
Mr. Herraiz, do meth addicts present any unique problems |
|
with regard to treatment, being amenable to treatment? Do you |
|
know? |
|
Mr. Herraiz. Methamphetamine? |
|
Mr. Cummings. Addicts. In other words, I am thinking about |
|
treatment. I was just listening to what the chairman was |
|
saying, different ways to try to approach this whole issue. Do |
|
they present any unique problems with regard to being amenable |
|
to treatment? If you know. You may not even know. |
|
Mr. Herraiz. Mr. Chairman, Congressman Cummings, yes. Meth |
|
is highly addictive. And those statistics are available. If you |
|
look at data from CSAP and others, SAMHSA, you will find |
|
statistics that will show that. That is a correct assumption. |
|
Mr. Cummings. The reason why I mention it is because I am |
|
trying to figure out the drug courts and all the things that we |
|
are trying. I am just wondering if we need to look at that. An |
|
maybe the folk coming up will mention something about that. But |
|
I was just trying to figure out whether they are more difficult |
|
to treat. Because I have been a big proponent of treatment. I |
|
just want to make sure that we are doing what we need to be |
|
doing in the area. And I am sure somebody will address that. |
|
Mr. Burns. Congressman, if it is helpful, your |
|
appropriation to the President's Access to Recover Program, a |
|
grant was made to the State of Tennessee, and pursuant to that |
|
grant they are in the process of answering the question that |
|
you just asked. Currently, everything is anecdotal. As I travel |
|
the country, programs are from 7 days to a year and a half. |
|
Mr. Cummings. Thank you all very much. |
|
Ms. McCollum. Mr. Chair, to followup on that, maybe we can, |
|
if you have the time to break this down and out a little more, |
|
have someone in from CDC and NIH. And I just handed Mr. |
|
Cummings two articles. They do not feel that any of the |
|
treatment programs that are currently out there are successful |
|
at all in really addressing hardcore addiction on this. |
|
So what we are doing is we are just recycling them through |
|
the prison population. They come back, more crimes are |
|
committed, and it is a never-ending cycle. That is why, as I |
|
mentioned earlier, law enforcement is starting to see literally |
|
in families three generations of abuse on this. So treatment |
|
and that does become a key thing we need to talk about. |
|
Mr. Souder. Thank you. We have been the only State that has |
|
a 10-year tracking on this. Congressman Case asked us to do a |
|
hearing in Hawaii, because they have the biggest earmark, I |
|
think it was $5 million for meth, in the appropriations process |
|
through Senator Akaka, or I believe, Inouye. And they have |
|
actual data of different types of patterns in meth at their |
|
schools over a 10-year tracking; they have it in treatment |
|
programs as well, and they have one. |
|
We are trying to find even programs that are geared |
|
specifically toward meth treatment, but they are hard to find. |
|
It has been hard, at this point, even to get a hearing cluster |
|
enough together to treat it, but that would be one of our goals |
|
for this coming year. I appreciate your help with that. And it |
|
is a good idea to get CDC and some of the other groups in. |
|
I very much appreciate your patience. We will have |
|
additional written questions for you, and thank you for your |
|
continued work in this field. We have made progress, and we |
|
shouldn't deny that, and marijuana has been fairly dramatic, |
|
which is a precursor drug for all meth users. We have made |
|
progress, and hopefully that will pay off over time. But short- |
|
term we have an exploding problem across the country that is |
|
growing faster than even our statistical ability to keep up |
|
with it in meth, and we need to respond to that. We appreciate |
|
your willingness to come today. |
|
Mr. Rannazzisi. Thank you, Mr. Chairman. |
|
Mr. Souder. With that, could the second panel come forward? |
|
Mr. Lonnie Wright, Sheriff Bundy, Lieutenant Colby, Mr. |
|
Heerens, Dr. Suydam, and Ms. Wagner. |
|
Thank you. We have a new panel to swear in. Could each of |
|
you stand and raise your right hands? |
|
[Witnesses sworn.] |
|
Mr. Souder. Let the record show that each of the witnesses |
|
responded in the affirmative. |
|
We have been joined by our distinguished colleague from the |
|
State of Kansas, who has been very concerned with this issue |
|
for a long period of time, Mr. Moran, and he would like to |
|
personally introduce one of the witnesses, and we will start |
|
with that witness today. |
|
Mr. Moran. Mr. Chairman and Mr. Cummings, thank you very |
|
much for the honor of joining you on the dais today, and I am |
|
here to commend you for your subcommittee's work. I know, as a |
|
Member of Congress from a very rural district, that this is a |
|
significant issue for my constituents, for my State, and, in |
|
fact, I have fought long to bring to the attention of the |
|
administration, as well as Members of Congress, that I think |
|
challenges we face with drugs in this country are often thought |
|
of to be an urban problem. Woefully not true, and particularly |
|
not true with methamphetamine. So I am honored to be here today |
|
to join you and to particularly introduce one of the witnesses |
|
on this panel. |
|
This issue receives significant attention in Kansas. In |
|
1994 we had four meth busts; in 2004 we will have between five |
|
and 600. When our former colleague, Mr. Hutchinson, was at DEA, |
|
he has been to Kansas to meet with law enforcement. I had the |
|
Judiciary Subcommittee on Crime come to Kansas and conduct a |
|
hearing on rural issues related to methamphetamine. |
|
You have before you today one of our experts, our sheriff |
|
from Rice County, KS, Sheriff Bundy. The sheriff is highly |
|
regarded in law enforcement circles in Kansas and has been |
|
actively involved in law enforcement for more than two decades, |
|
and he comes from a county that, in some ways, has a larger |
|
population than many of my other counties, with, I would guess, |
|
a population of around 10,000 people in the entire county. This |
|
is one of my urban sheriffs, and we are delighted to have his |
|
perspective. And I welcome him and thank him for taking the |
|
time in his dedication to the cause to be here today. |
|
And I thank you, Mr. Chairman and Mr. Cummings, for |
|
allowing me to join you. |
|
Mr. Souder. Thank you. |
|
Sheriff, you have the floor. |
|
|
|
STATEMENTS OF SHERIFF STEVE BUNDY, RICE COUNTY, KS, SHERIFF'S |
|
DEPARTMENT; LONNIE WRIGHT, DIRECTOR, OKLAHOMA BUREAU OF |
|
NARCOTICS AND DANGEROUS DRUGS; LIEUTENANT GEORGE E. COLBY, |
|
DIVISION COMMANDER/PROJECT DIRECTOR, ALLEN COUNTY DRUG TASK |
|
FORCE, ALLEN COUNTY, IN, SHERIFF'S DEPARTMENT; JOSEPH HEERENS, |
|
SENIOR VICE PRESIDENT, GOVERNMENT AFFAIRS, MARSH SUPERMARKETS, |
|
INC., ON BEHALF OF THE FOOD MARKETING INSTITUTE; DR. LINDA |
|
SUYDAM, PRESIDENT, CONSUMER HEALTHCARE PRODUCTS ASSOCIATION; |
|
AND MARY ANN WAGNER, VICE PRESIDENT, PHARMACY REGULATORY |
|
AFFAIRS, NATIONAL ASSOCIATION OF CHAIN DRUG STORES |
|
|
|
Mr. Bundy. Congressman Moran and Chairman Souder, Raking |
|
Member Cummings, and other distinguished members, I am very |
|
happy to be here today, and hope to provide some insight into |
|
some tough decisions you have to make in the near future. |
|
As Congressman Moran stated, I have been in law enforcement |
|
for about two decades in Kansas. I am a certified meth lab |
|
investigator. Matter of fact, I was at a meth lab for 9 hours |
|
right before flying out here to be with you. So I think I might |
|
be able to offer you some insights that may be helpful. |
|
We are a very rural county; we have a population of about |
|
10,000; we are 750 square miles. There is myself and four |
|
officers who provide service for those 10,500 people, which is |
|
representative of about 75 percent of Kansas law enforcement. |
|
And I think if we would look at it even beyond the boundaries |
|
of Kansas, that is not so non-typical for western United States |
|
once you leave this fine area. |
|
We do have a serious methamphetamine problem. One of the |
|
reasons is the very qualities we enjoy is our agricultural |
|
nature, the wide open spaces. The things that are most |
|
appealing to those involved in producing methamphetamine draws |
|
them to our county. We don't have the resources to do a lot |
|
with that, given the five people, so we came up with a program |
|
that is called Meth Watch in Kansas. I may briefly tell you how |
|
that works for us. And it simply was a recognition and an |
|
admission by myself that my resources were overwhelmed with the |
|
problem. |
|
We went to the community and said, we need your help. We |
|
educated the citizens on the very problem with methamphetamine |
|
for our area. And once we had got them to partner with us and |
|
see how large of a problem this was, the very scope of it, how |
|
it affected them and their taxes, and overwhelmed the resources |
|
of law enforcement, that we weren't responding to them in a |
|
timely manner they wished, they were very eager to partner with |
|
us in this battle against methamphetamine. |
|
The next group we brought into that were the retailers. And |
|
the interesting insight to that was that they actually were |
|
calling me, asking what can we do, because we had such |
|
tremendous support from the community, as well as from the |
|
local media, on really detailing, covering all the problems |
|
that we were encountering and just the frequency and the amount |
|
of work we were having to put into methamphetamine |
|
investigations. So retailers came on board very easily and |
|
anxiously, and wanted to partner with us. And the community had |
|
an expectation of those retailers to partner with them and law |
|
enforcement in this very program. |
|
We made cases through that with great regularity. If it is |
|
not just the retailers reporting suspicious transactions or odd |
|
purchases, or they recognize just the very ingredients you have |
|
talked today in the shopping carts coming through the lines, if |
|
they aren't calling, we are getting calls from the citizens of |
|
Kansas that have been trained. |
|
And when they are in line, they notice these shopping carts |
|
behind them, or they will notice the peculiar behavior of a |
|
multitude of individuals coming in and splitting up and buying |
|
these purchases and then lining up in the checkout line. So it |
|
has been very effective for us in Kansas to approach it at the |
|
community level through a very strong education piece that was |
|
only possible by a small grant through the Kansas |
|
Methamphetamine Project of $3,000 is really what initiated this |
|
Meth Watch program. So I don't want you to underestimate the |
|
value of the Federal dollars coming down the State levels, and |
|
from the State level to the local level, and what $3,000 can |
|
be, because it has had a huge impact in my county. |
|
My neighbors to the south, the great State of Oklahoma, |
|
have introduced Schedule V, and I know the early data says that |
|
is working well for them. I know there are some border counties |
|
in Kansas that are reporting an influx of Oklahoma residents |
|
coming up to purchase that, and I hope it works. |
|
I am a little guarded, as you have heard earlier, on that, |
|
because my experience in 20 years, it is very hard to regulate |
|
or legislate addiction; and relocating products, limiting |
|
products, it is still a very hard thing to take away from these |
|
people, because I work with them everyday. Truly, a portion of |
|
every workday is dedicated to methamphetamine work in a county |
|
my size, which hinders the civil process and the jail |
|
operation, and all the other services that a sheriff's office |
|
is forced to provide. |
|
So any tool we can come up with that helps is great. The |
|
grants were great, not only on the education front for the Meth |
|
Watch, but also in my training. I am the only meth investigator |
|
for clandestine labs in our county, which puts me at safety |
|
risk, as well as the citizens to only be able to provide one |
|
officer for that service. And, unfortunately, there has not |
|
been funding available in our State to train any more of my |
|
officers, so I can't partner up with another officer in these |
|
dangerous situations. So I encourage you to expand the grant |
|
portion of your investigation here, because it is critical to |
|
local law enforcement. |
|
You asked earlier about Glowtel. I would very much support |
|
that. We take an anhydrous ammonia theft daily and we recover |
|
anhydrous ammonia in any kind of container imaginable. So |
|
anything you can do to help the rural America on that front |
|
would be greatly appreciated too. |
|
In summary, it is just truly all my life has become is an |
|
officer. When I started in 1979, I was in uniform like this |
|
now. More often than not I look like a spaceman working for |
|
NASA in a suit with breathing apparatus and testing equipment, |
|
things like that. So I would encourage you to listen carefully |
|
today and be very open-minded, and come up with a comprehensive |
|
approach that would assist rural law enforcement. And I would |
|
be happy to answer your questions at the conclusion. |
|
[The prepared statement of Mr. Bundy follows:] |
|
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|
Mr. Souder. Thank you. And as I earlier stated, all of your |
|
written statements will be submitted in full of any witness. |
|
I want to depart from our normal procedure just a little, |
|
because we have not, in a Washington hearing, had anybody in |
|
detail explain who does it here. We have done it in the field |
|
hearings; we hear it all the time. You said it took you 9 |
|
hours. Why did it take you 9 hours? |
|
Mr. Bundy. Because it was a small lab, honestly. There have |
|
been labs that I have been at for 30, 32, 35 hours without a |
|
break, without stopping. It is just the complexity of the |
|
process; the hazards that are left behind that need to be |
|
remediated correctly; to collect new evidence. Most of these |
|
scenes have hundreds of pieces of evidence that have to be |
|
photographed and documented and collected. There are disposal |
|
orders that have to be sought from the judicial system to allow |
|
us to get rid of some evidence that is just too hazardous to |
|
store for trial. |
|
It is just a very large undertaking, and that is even |
|
further complicated by the rural nature of Kansas, in that |
|
oftentimes these sites are 15, 20, 40 miles from other |
|
resources. So when you do get a contracted company to help with |
|
the final disposal of the identified hazards, it just pretty |
|
much eats into an entire day. |
|
Mr. Souder. Well, I thank you for that, because we have |
|
heard testimony across the country that particularly in small, |
|
10,000, up to 80,000 counties, 4 to 9 hours. Mr. Wright told me |
|
out in the hall earlier 12 hours; and Oklahoma has been as |
|
long. You can go out there, your entire drug task force is tied |
|
up, in some counties your entire police force is tied up all |
|
day long. It means nothing else is protected while you are out |
|
there dealing with one tiny lab. And we clearly have to have |
|
some way to kind of look at this problem in a macro way, as |
|
well as in the micro way. |
|
Now I would like to recognize Mr. Lonnie Wright, who is the |
|
director of the Oklahoma Bureau of Narcotics and Dangerous |
|
Drugs. |
|
Mr. Wright. Thank you, Chairman Souder, Ranking Member |
|
Cummings, and the rest of the distinguished members here. |
|
I am probably the only guy that will be able to give you |
|
good news today. In Oklahoma we have regulated pseudoephedrine, |
|
and methamphetamine labs have dropped off dramatically. But |
|
before I talk about that and the law, I would like to tell you |
|
why we took such a step as regulating pseudoephedrine and |
|
making it a controlled substance. |
|
Like many other States, in our region, anyway, beginning in |
|
1994, we have seen a steady increase in methamphetamine |
|
laboratories. I think the last few years we have worked over |
|
1200 laboratories. And I know you have discussed |
|
methamphetamine lab reporting. In my opinion, these numbers are |
|
grossly under-reported. I can tell you that in many cases, when |
|
deputies in rural areas encounter boxed labs and trash that is |
|
often dumped by people who manufacture every few days, they |
|
don't wait 19 hours or 12 hours or whatever, they simply dump |
|
it in the trash. So those kind of statistics typically aren't |
|
reported. |
|
We don't see superlabs in Oklahoma; we haven't since the |
|
late 1980's. All we see are addict-operated laboratories. These |
|
laboratories are operated by people who are simply supplying |
|
their own addiction, and that of a few of their close friends. |
|
This is an addiction-based crime that we are encountering, not |
|
an economic-based crime like in years past. These are not |
|
laboratories with giant flasks that look like a chemistry |
|
department at a university like we have seen in the past; these |
|
are a few fruit jars, some coffee filters, and some household |
|
products. And at the onset of this epidemic, I think a lot of |
|
times law enforcement stumbled across these products and didn't |
|
really know that they were in a meth lab. Sometimes it is |
|
difficult for the untrained person to tell. |
|
In Oklahoma we have spent countless millions of dollars. We |
|
have done all the traditional things that we thought were |
|
necessary to treat the symptoms of this problem. But, yet, |
|
every year, as you can see from our graph, those numbers just |
|
go up and up and up, and seem to have no end in sight. Our |
|
jails are full of methamphetamine addicts; our treatment beds |
|
are full; our resources are strained to the hilt. We were |
|
pretty desperate and simply didn't know what to do. |
|
We initially had a 20-to-life sentence for manufacturing |
|
methamphetamine. We had to reduce that in part to accommodate |
|
the vast numbers of people that were apprehended in |
|
methamphetamine laboratories. |
|
One thing that I think is very important to note here, and |
|
it made a difference when we had these sort of hearings in |
|
Oklahoma, for understanding purposes: you don't mix a number of |
|
household products together and get methamphetamine. You start |
|
with pseudoephedrine that is molecularly very similar to |
|
methamphetamine, in fact, it is one O-H molecule different than |
|
methamphetamine. And you use those household products to burn |
|
that O-H molecule off in just a few short hours with this |
|
household apparatus and these products. |
|
In reality, a methamphetamine addict looks at these cold |
|
medications on the shelf like it is methamphetamine, not like |
|
we look at it, as medicine. So that is the single key issue to |
|
focus on if you want to solve the problem. You have to keep |
|
pseudoephedrine out of the hands of those who would simply |
|
convert it in a few hours. |
|
One of the differences, I think, between superlaboratories |
|
and addicts who buy methamphetamine from distribution networks, |
|
and those who manufacture their own is those who purchase it |
|
from distribution networks have to come up with the money. They |
|
are limited somewhat in their addiction and their ability to |
|
get as much methamphetamine as you want. When you can |
|
manufacture methamphetamine in your home for a fraction of the |
|
cost of what it would cost to buy it on the street, you can |
|
have all of it you want and it is basically pure. There is |
|
nothing to limit your addiction. So what we see is these people |
|
that are able to make as much as they want; their addiction |
|
becomes chronic very quickly. This is a terribly addictive |
|
drug, as you well know. |
|
Prolonged chronic addiction leads to something that we have |
|
been told is called the methamphetamine psychosis. A person who |
|
has methamphetamine psychosis is clinically indistinguishable |
|
from a paranoid schizophrenic, as we are told by our medical |
|
experts in Oklahoma. They are, of course, unpredictable, and |
|
violent behavior is often a result of that unpredictability. |
|
In that sense, in the past few years in Oklahoma, with this |
|
epidemic reaching a terrible state, the violence and the |
|
carnage associated with methamphetamine manufacturing and |
|
addiction has really resulted in a public safety problem and an |
|
issue. I think that is one of the reasons that we focus on that |
|
in State and local law enforcement more than maybe Mexican drug |
|
cartels and the like, because it is such a public safety issue. |
|
About a year ago we had an interim study in our |
|
legislature, much as you are holding here, and we brought in |
|
experts from all of the various disciplines to try to |
|
understand this. One thing was clear: what we were doing simply |
|
wasn't working. We basically, in essence, concluded that as |
|
long as methamphetamine addicts have access to pseudoephedrine, |
|
there won't be any diminution of methamphetamine labs, the mom- |
|
and-pop type labs that we are talking about. Our challenge, |
|
what we became: How do you keep pseudoephedrine out of the |
|
hands of those who would turn it into methamphetamine in a few |
|
short hours, while not restricting access to those who have |
|
nasal congestion? Pseudoephedrine is a nasal congestion |
|
medicine. We came up with the only solution we could, and that |
|
was to regulate it. |
|
What we did in Oklahoma, to make a long story short, we |
|
regulated all pseudoephedrine as a Schedule V controlled |
|
dangerous substance. We moved those starch-based tablets and |
|
hard gel caps behind the counter at the pharmacy. Those are the |
|
products that we see in methamphetamine laboratories. We |
|
require customers to show a photo identification and to sign a |
|
log book. We limit sales to nine grams of pseudoephedrine per |
|
running 30-day period. We ask individual pharmacists to look at |
|
that log book and not sell individuals more than that nine |
|
grams. |
|
And we are presently, pursuant to a COPS grant we are very |
|
grateful for, developing an online, State-wide, realtime log |
|
book that would enable pharmacists to access that data and know |
|
whether or not that person had purchased more than the nine |
|
grams in that 30-day period, thus having the ability to limit |
|
that and not let people have more pseudoephedrine than is |
|
necessary. |
|
We made exceptions. We exempted products that we have not |
|
seen in methamphetamine laboratories that contain |
|
pseudoephedrine. Those products are the squishy liquid-filled |
|
gel caps--we haven't encountered that--and all of the syrups. |
|
In total, the products that we moved behind the counter, |
|
say at a typical Walgreen's store, would be about 100 products, |
|
including their Equate brands. So this was really a quite |
|
doable deal. |
|
Our legislature passed this idea on April 7th of this year. |
|
The only opposition we had after great State-wide debate was |
|
the industry; and they opposed it. The citizens of the State of |
|
Oklahoma were pretty much tired of methamphetamine and problems |
|
associated with it, and I believe supported it. I have heard |
|
very few complaints from anyone, and we think that it is quite |
|
reasonable to have a minor inconvenience to treat nasal |
|
congestion, compared to the carnage that is associated with |
|
continued methamphetamine addiction. |
|
As you will note, and others here agree, these are |
|
preliminary numbers that we are seeing. But just |
|
instantaneously, the number of methamphetamine laboratories |
|
submitted to our State's crime laboratories dropped off by |
|
about 50 percent, and have steadily continued to drop in the |
|
months following. |
|
For example, our 27 drug task forces that are Byrne funded |
|
and very important, by the way, around the State do the lion's |
|
share of methamphetamine laboratory investigations. In 2003 |
|
they averaged 92.4 meth labs per month; they presently, as of |
|
August, reported 32 meth labs. That is about a 65 percent |
|
reduction. The same sort of reductions have been seen in our |
|
metropolitan areas. The Oklahoma City Police Department numbers |
|
have dropped off from an average of 14.5 per month to I think |
|
September they worked 2 meth labs; I think in October they |
|
worked 4 meth labs. And so on. So we are real encouraged by |
|
this. |
|
The bottom line is if these addicts can't have access to |
|
unlimited supplies of pseudoephedrine, they can't manufacture |
|
methamphetamine. You cannot manufacture that without having |
|
pseudoephedrine. The key to what you are trying to accomplish |
|
here is how do you keep that out of the addicts' hands. |
|
If I could say, there is a lot of anecdotal information. |
|
Mr. Souder. You need to conclude. We have given you |
|
generous time here. |
|
Mr. Wright. Sir? |
|
Mr. Souder. Make a concluding statement, because we have a |
|
5-minute clock, and I have let you about double that. |
|
Mr. Wright. OK. I am basically finished, and I apologize, |
|
sir. |
|
We are looking at where pseudoephedrine presently comes |
|
from. Obviously it is coming from adjacent States and areas |
|
close to the border. We see people going from pharmacy to |
|
pharmacy, signing the log, and that is called smurfing. We hope |
|
to close that gap. And we have a few pharmacies that are yet to |
|
become compliant. So we are real excited about our results. And |
|
all these Federal programs you have talked about here, |
|
particularly Byrne and COPS, are very valuable to us. |
|
Thank you, Mr. Chairman. |
|
[The prepared statement of Mr. Wright follows:] |
|
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|
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|
Mr. Souder. Well, thank you. And I wanted to make sure you |
|
had a full description of the program in, because we probably |
|
had five hearings in the country now and description, and |
|
almost everywhere we go Oklahoma's program comes up. So we |
|
needed to have a full and thorough explanation of the Oklahoma |
|
program. And we are going to have a number of witnesses here |
|
who have concerns about how we do this at a Federal level, so I |
|
think that helped lay the groundwork for it. |
|
Lieutenant Colby is from my hometown of Fort Wayne, IN, |
|
which is a city larger than most areas that are affected by |
|
meth, as he states in his written testimony. But he has been |
|
the chief narcotics person in our region for many years, and |
|
not only has the city of Fort Wayne, but coordinates the drug |
|
task force that goes beyond the city. |
|
You have been through crack, you have been through all |
|
different types of narcotic challenges in Fort Wayne, including |
|
just a few years ago we had this boost up in LSD, and things |
|
come and go. This one appears to be different. You have talked |
|
to me before about the importance of the Byrne Grants, about |
|
RISS, and the information network, and I just wondered if you |
|
could share some of your thoughts about what is happening in |
|
Indiana and some of the historical perspective with what we are |
|
looking at here. |
|
Lieutenant Colby. Thank you very much, Chairman Souder, for |
|
asking me to share my views on State and local meth enforcement |
|
today. I commend you on drawing attention to the meth |
|
enforcement challenge by holding this hearing. |
|
We are in the midst of a crisis; last year in Indiana, law |
|
enforcement seized 1,260 clandestine meth labs. The total in |
|
2004 will almost certainly be larger. In fact, just last Friday |
|
the Indiana State Police reported to me the State Police alone |
|
has responded to 973 labs so far this year. |
|
I can tell you that this problem, at the moment, affects |
|
rural areas more than it does affect our larger jurisdictions. |
|
The sky-high costs of taking down and dismantling meth labs is |
|
being carried by agencies with relatively very small budgets. |
|
We have learned to be very efficient in what we do, but we know |
|
we could do better if we had some more resources. To do better, |
|
we need your help. |
|
Alongside the devastating physical impact of meth on |
|
abusers, the saddest aspect of the meth problem is the so- |
|
called drug-endangered children issue. Investigators in Indiana |
|
often encounter children in clan lab sites. We remove these |
|
children from immediate danger and take them to local child |
|
protective agency services to make sure that these children are |
|
tested for the presence of meth and any other toxic chemicals |
|
in their bodies. Parents who subject their children or kids to |
|
these toxic waste sites are being held accountable by the use |
|
of child endangerment laws. |
|
More than other illegal drugs, meth enforcement requires a |
|
high degree of training and specialization for the officers who |
|
deal with it. Many of our officers have received specialized |
|
training and equipment provided by Federal agencies such as |
|
DEA. This training enables us more effectively to size and |
|
dismantle clan labs. We especially appreciate the training on |
|
how to enter operating labs, taking control of the sites and |
|
halting production. |
|
Let me give you an idea of the costs that we have been |
|
bearing in dealing with this problem. Specialized vehicles and |
|
equipment are very necessary to protect officers responding to |
|
hazardous sites and are very expensive. Appropriate training |
|
absolutely is essential, but is time-consuming and expensive. |
|
Waiting for qualified cleanup companies to arrive on the scene |
|
of an active lab takes 2 to 4 hours, during which officers who |
|
are on the payroll clock have to guard the site. They use part |
|
or almost all of a shift responding to just one meth lab. The |
|
real impact is on the bottom line. Hazardous material must be |
|
disposed of under strict government regulations. |
|
Faced with the nature of the meth problem, we cannot afford |
|
to just stand by; we have no choice but to attack the clan |
|
labs. But the costs are enormous. We are left with little |
|
choice but to appeal to our State leaders and you here in |
|
Washington to give us a hand. |
|
Narcotics officers throughout the State of Indiana are |
|
supporting efforts in our State legislature to pass a bill that |
|
would require Indiana retailers to demand photo identification |
|
and signature in a register book in order to purchase over-the- |
|
counter products containing ephedrine and pseudoephedrine. I |
|
can tell you that we have closely watched the efforts of the |
|
State of Oklahoma, and we are aware that meth lab seizures are |
|
down about 50 percent from a year ago. We think that something |
|
can be learned from this lesson. |
|
I believe that based on the experience from States moving |
|
ahead with proposals that place common-sense restrictions on |
|
how certain products are sold, stored, and displayed can cause |
|
a significant upset in clan lab meth production. I think you |
|
should consider a Federal law that addresses these issues. You |
|
just might cause a real disruption in meth production at the |
|
small town mom-and-pop labs that are plaguing rural America. |
|
As a drug task force commander in Indiana, I can tell you |
|
that funding that comes from the Edward Byrne Memorial Formula |
|
Grant Program is critical in helping us tackle the meth |
|
problem. I know there are proposals to change the Byrne |
|
program, but I want to strongly urge you, Mr. Chairman, to |
|
fight to preserve the focus on Byrne and on Drug Enforcement |
|
efforts. Task force operations that Byrne funds are absolutely |
|
essential and effective pieces of overall illegal drug |
|
enforcement strategies. As echoed by the National Narcotics |
|
Officers Association's Coalition and the Indiana Drug |
|
Enforcement Association, Byrne Formula grants must continue, |
|
and the focus must remain on drug enforcement activities. |
|
Providing the means for police officers across the United |
|
States to work in multi-jurisdictional drug task forces has |
|
created thousands of drug-related intelligence leads, gang- |
|
related intelligence, and huge numbers of arrests. |
|
Neighborhoods are safer because of these efforts. In Indiana |
|
alone, we have 34 drug task forces funded by Byrne and a task |
|
force of over 200 full-time narcotics officers. State and local |
|
enforcement spends billions every year on drug enforcement, but |
|
the funding provided by Byrne is the magnet that attracts |
|
different agencies to give them incentives to cooperate. |
|
In the meth investigations, we found that importation for |
|
methamphetamine from superlabs located outside the United |
|
States is a major problem. As local law enforcement, we fully |
|
support the Federal anti-drug trafficking efforts of the |
|
southwest border. We also understand that California is a very |
|
significant source of meth production in huge superlabs. |
|
Because of a lot of the meth that makes its way to Indiana, we |
|
support these efforts to halt major production and trafficking |
|
activities. |
|
Effective methamphetamine enforcement means a strong |
|
support for training and equipment, but it also means |
|
reinforcing task force cooperation throughout the Byrne |
|
program, it means robust funding for programs such as the |
|
Regional Information Sharing System [RISS] that dramatically |
|
improve cooperative efforts, and the specialized meth training |
|
provided through the program such as the Center for Drug Task |
|
Force Training. RISS is the information-sharing intelligence |
|
highway that is available to thousands of enforcement agencies |
|
across the country. This program has proven effective over many |
|
of the years and the investment as a result of the cooperation |
|
of more effective enforcement. |
|
The State of Indiana established the Methamphetamine Abuse |
|
Task Force, of which a copy is attached to my testimony for |
|
your review. This Task Force was organized in July 2004 and |
|
represents law enforcement agencies, youth services, and family |
|
and social services. |
|
As law enforcement officers, we are sworn to protect the |
|
citizens. As we continue to fight the growth in meth abuse and |
|
production, strong Federal support for meth enforcement, |
|
training, and equipment is absolutely critical. By now most of |
|
the people understand the meth problem, but we in law |
|
enforcement know what it takes to make real progress against |
|
it. |
|
Thank you, Chairman Souder, for seeking our input, and I |
|
look forward to continuing to provide any guidance you and your |
|
staff needs. Thank you. |
|
[The prepared statement of Lieutenant Colby follows:] |
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Mr. Souder. Thank you. |
|
As we tackle this difficult issue, as we have done in a |
|
couple of other hearings, it is important we hear what impact |
|
it has on others as well. Not everybody, in fact a very small |
|
percent, who use pseudoephedrine are in fact drug addicts. And |
|
our first witness in this group is Mr. Joseph Heerens, Senior |
|
Vice President of Government Affairs for Marsh Supermarkets, on |
|
behalf of the Food Marketing Institute, another Hoosier, and |
|
representing a Hoosier firm that is a long-time family grocery |
|
business that has expanded across the State of Indiana. |
|
Mr. Heerens. Mr. Chairman and members of the subcommittee, |
|
I am Joseph R. Heerens. I am the Senior Vice President of |
|
Government Affairs for Marsh Supermarkets, headquartered in |
|
Indianapolis, IN. My statement today is on behalf of Marsh |
|
Supermarkets and the Food Marketing Institute. |
|
To effectively combat the illegal diversion of chemical |
|
precursors, we need a comprehensive strategy and partnership |
|
between law enforcement, our regulatory agencies, |
|
manufacturers, and the retail community. But we have serious |
|
concerns about imposing stringent controls on precursor |
|
chemicals at the retail level. I am specifically referring to |
|
the Oklahoma law that relegates cough and cold products to |
|
Schedule V status. |
|
Under the Oklahoma model, only stores that have a pharmacy |
|
department are allowed to sell these products, and these |
|
products must be kept behind the pharmacy counter. For our |
|
industry, a Schedule V approach is very troublesome. That is |
|
because an overwhelming majority of grocery stores in the |
|
United States do not have a pharmacy department. For example, |
|
my company currently operates approximately 120 supermarkets in |
|
Indiana and Ohio, but only 46 of them have a pharmacy |
|
department. |
|
Therefore, under the Oklahoma model, more than 60 percent |
|
of our stores could not sell pseudoephedrine products that our |
|
customers expect us to carry to meet their shopping needs. At |
|
the national level, 79 percent of grocery stores do not have an |
|
in-store pharmacy. In other words, four out of every five |
|
grocery stores in the United States would be taken, in large |
|
part, out of the cough and cold business. |
|
Of our 46 stores with pharmacy departments, store hours are |
|
quite different from hours of operation in the pharmacy |
|
department. Most of our stores are open 24 hours to serve our |
|
customers who shop at all hours of the day and night. In |
|
comparison, our pharmacy departments are typically open less |
|
than 12 hours on weekdays and less than 8 hours on weekends. |
|
Therefore, even if the store is open for business, if the |
|
pharmacy department is closed or if the pharmacist is not on |
|
duty, sales of cough and cold products would not be permitted |
|
and our customers would have to shop elsewhere to meet their |
|
needs in this respect. This causes us great concern. |
|
A Schedule V approach would also present a number of |
|
operational challenges for pharmacy departments in grocery |
|
stores. For example, the average Marsh Supermarket typically |
|
carries on its retail shelves more than 150 types of cough and |
|
cold products. If we have to keep these products behind the |
|
pharmacy counter, my company would likely have to reduce the |
|
number of these products to no more than a few dozen. This is |
|
due to space limitations in the existing pharmacy departments. |
|
As such, Schedule V classification would mean less choice for |
|
our customers, as well as dramatically reduced customer access. |
|
It is also likely that Schedule V would force my company to |
|
spend a lot of money on construction to reconfigure our store |
|
layouts to make the pharmacy departments larger in order to |
|
facilitate new work flow and to accommodate the relocation and |
|
placement of these products behind the pharmacy counter. |
|
Additionally, Schedule V restrictions raise quality-of-care |
|
issues for our pharmacy operations. Under Schedule V, only the |
|
pharmacist or the pharmacy technician would be permitted to |
|
sell these products, which means less time for them to carry |
|
out their primary professional duties of preparing and |
|
dispensing prescriptions and consulting with customers about |
|
the safe and effective use of their prescription medications. |
|
Schedule V poses problems for supermarket companies and |
|
their customers who have a legitimate need for these products |
|
in order to treat their coughs and colds. There would be |
|
reduced customer access and customer inconvenience because |
|
their local grocery store, which they shop more than two times |
|
each week, would not be allowed to sell these products, or, if |
|
it contained a pharmacy department, would be allowed to sell |
|
these products, but only behind the pharmacy counter. |
|
Schedule V may also mean higher prices because sales will |
|
be restricted and the pharmacist would be required to ask for |
|
photo ID and have the customer sign a written log. |
|
Finally, Schedule V could not come at a more inopportune |
|
time, with the current flu vaccine shortages here in the United |
|
States. |
|
The supermarket industry applauds the work of the law |
|
enforcement community in its efforts against methamphetamine, |
|
but we do not believe Schedule V is the right solution. |
|
Instead, we advocate for a more comprehensive approach for |
|
reducing methamphetamine production, trafficking, and abuse. |
|
In this regard, the supermarket industry strongly supports |
|
the following initiatives: first, elimination of the blister |
|
pack exemption; second, a national uniformity threshold sales |
|
limit of six grams; third, greater regulatory authority, |
|
controls, tracking and quota limits over imports and the sale |
|
of bulk chemicals of ephedrine and pseudoephedrine; fourth, a |
|
ban on Internet sales of precursor chemicals; fifth, promotion |
|
and funding of educational training programs for store |
|
employees concerning suspicious pseudoephedrine purchases |
|
(i.e., the Meth Watch program); sixth, stiffer penalties for |
|
the manufacturing, distribution, and possession of |
|
methamphetamine; and, seventh, greater Federal regulatory |
|
authority, including licensing and inspection at the |
|
distributor level, especially secondary wholesalers. |
|
Mr. Chairman, this concludes my statement, and thank you |
|
for allowing me to participate in this important hearing. |
|
[The prepared statement of Mr. Heerens follows:] |
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|
Mr. Souder. Thank you very much. |
|
Our next witness is Dr. Linda Suydam, president of the |
|
Consumer Healthcare Products Association. Thank you for coming |
|
today. |
|
Ms. Suydam. Thank you. Chairman Souder and Ranking Member |
|
Cummings, thank you for the opportunity to testify before the |
|
subcommittee today. |
|
I am Linda Suydam. I am president of the Consumer |
|
Healthcare Products Association, a 123-year-old trade |
|
association representing the manufacturers of over-the-counter |
|
medicines and nutritional supplements. |
|
Methamphetamine is a serious problem that plagues entire |
|
communities. And as we have heard in earlier testimony today, |
|
pseudoephedrine is a necessary ingredient in its manufacture. |
|
CHPA is deeply concerned that safe and effective medicines |
|
that are purchased by millions of consumers each year to treat |
|
symptoms of colds, allergies, asthma, and the flu are being |
|
diverted to manufacture meth in small clandestine labs. We are |
|
committed to the need for strong action to prevent the |
|
diversion of these important medicines to the illegal |
|
manufacture of methamphetamine. |
|
According to the DEA, these small clandestine labs account |
|
for about 20 percent of the meth supply in this country. Yet, |
|
that small number causes significant problems for communities. |
|
We believe, however, that the only way to significantly address |
|
the meth production and abuse is through a multifaceted |
|
approach that empowers communities to deal with all aspects of |
|
the problem. |
|
We encourage tough comprehensive measures to attack the |
|
meth problem at every level of its manufacture and abuse, |
|
including limiting the number of packages a consumer can |
|
purchase at one time; enacting severe penalties for those |
|
manufacturing and selling meth, especially those endangering |
|
children; strengthening law enforcement resources and providing |
|
them with the tools to take action against the major |
|
traffickers who fuel the meth supply and, as well, the meth |
|
cooks who threaten the safety of communities; and we need more |
|
programs focusing on prevention and education like Meth Watch. |
|
Mr. Chairman, we know you support Meth Watch, and we |
|
applaud the introduction of your bill, which would authorize |
|
Federal funding for this effective program. Implementation of |
|
Meth Watch has resulted in a dramatic reduction in theft of |
|
products used to make meth. It is now established in nine |
|
States, and more are on the way. |
|
Comprehensive efforts are working in other States facing |
|
this epidemic. According to EPIC data, meth lab busts have |
|
decreased since 2001 in Washington, Oregon, and Kansas, all of |
|
which have Meth Watch programs in place. And California has |
|
seen a dramatic reduction in labs due to an aggressive system |
|
of tracking and monitoring of meth precursors, mandatory |
|
registration of wholesalers and distributors, retail sales |
|
restrictions, and aggressive law enforcement and prosecution. |
|
These proven approaches should be adopted by all 50 States. |
|
At the Federal level, we need to put more resources into |
|
stopping the demand for methamphetamine and stopping meth from |
|
coming into this country. The ONDCP recently issued a plan to |
|
address meth. CHPA applauds the administration for the |
|
development of that plan, and we agree with many of its |
|
recommendations. |
|
All of these efforts are encouraging and will help reduce |
|
the meth problem in our communities. It is imperative that we |
|
work together toward achieving the same goal. Some, however, |
|
are now calling for a different approach. They propose to make |
|
pseudoephedrine a Schedule V drug. At first glance, putting |
|
these medications behind the counter might sound sensible, but |
|
before we embrace a single-step approach that ignores the |
|
totality of this abuse problem, and restricts access for |
|
consumers who need these medicines, we need to make sure that |
|
it is truly an effective solution. We believe it is not. |
|
Like everyone who has testified here today, I believe that |
|
any decrease in meth lab busts is commendable. The OBN lab |
|
numbers are important if they continue to go down, but the |
|
Oklahoma law has only been in effect for a few months, and |
|
there are conflicting statistics that indicate it is too early |
|
to draw sweeping conclusions. Compared with the concrete data |
|
that indicates significant lab reductions in Kansas, |
|
Washington, Oregon, and California, it begs the question on the |
|
effectiveness of the Oklahoma approach and the long-term |
|
effectiveness on reducing meth use in general. |
|
Over-the-counter medicines remain important to our |
|
healthcare system. A recent study by Northwestern University |
|
concluded that OTC cough and cold medicines saves the U.S. |
|
economy and our healthcare system almost $5 billion a year. |
|
Furthermore, OTC medicines serve a critical public health need, |
|
a fact that will likely be drawn into sharp focus given the flu |
|
vaccine shortage this year. |
|
In conclusion, Mr. Chairman, as great as it might sound, |
|
there is no quick fix to this complex problem. We must take a |
|
comprehensive approach that works, not half measures that have |
|
a greater impact on sick kids, caregivers, and flu sufferers |
|
than on criminals. We must all work together with all the |
|
resources that are available to us. We look forward to working |
|
with you and continuing our efforts to fight methamphetamine at |
|
every level. Thank you. |
|
[The prepared statement of Ms. Suydam follows:] |
|
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|
Mr. Souder. Thank you very much. |
|
Our cleanup witness, so to speak, would be Ms. Mary Ann |
|
Wagner, vice president of the Pharmacy Regulatory Affairs, |
|
National Association of Chain Drug Stores. |
|
Ms. Wagner. Good morning, Chairman Souder and Ranking |
|
Member Cummings. My name is Mary Ann Wagner, and I am Vice |
|
President of Pharmacy Regulatory Affairs at NACDS. I am a |
|
pharmacist licensed in the State of Indiana. I think I am the |
|
third Hoosier up here on the panel. I served as a member of the |
|
Indiana Board of Pharmacy from 1988 to 1996. |
|
NACDS commends Chairman Souder for his leadership in |
|
addressing the methamphetamine problem. We appreciate the |
|
opportunity to testify today before this committee as you |
|
examine ways the Federal Government can assist law enforcement |
|
in the fight against methamphetamine. |
|
Our membership consists of more than 200 chain community |
|
pharmacy companies operating over 33,000 pharmacies. |
|
Collectively, chain pharmacy comprises the largest component of |
|
pharmacy practice, with over 100,000 pharmacists. Our |
|
pharmacies fill over 70 percent of the 3 billion prescriptions |
|
dispensed annually in the United States. |
|
Our membership is deeply concerned about the problems of |
|
methamphetamine production and abuse. We have ongoing calls and |
|
meetings to discuss this issue and to develop solutions to this |
|
devastating problem in our country. The majority of our members |
|
have taken voluntary proactive steps that go beyond what is |
|
required by their State laws to reduce the theft and |
|
illegitimate use of pseudoephedrine products. Among other |
|
things, they have initiated voluntary sales limits of these |
|
products, participate in voluntary education and theft |
|
deterrent programs like Meth Watch, train their employees on |
|
methamphetamine abuse, and work with law enforcement by |
|
reporting suspicious activity in their stores. |
|
We want to continue to work with DEA and law enforcement to |
|
reduce the illicit meth production in the United States, but we |
|
also want to balance those efforts with our ability to provide |
|
access to OTC products for legitimate consumers and to optimize |
|
the skills of pharmacists and the pharmacy staff that our |
|
members employ. |
|
The new Oklahoma law is not only operationally difficult |
|
for our members to comply with, but we also have some very |
|
serious concerns as to why the law appears to be reducing the |
|
clandestine labs in the State, when in fact the same results |
|
could be accomplished without the extreme measures that were |
|
taken in Oklahoma. Since other States are now looking to |
|
Oklahoma and Schedule V as the model, we appreciate the |
|
opportunity to State our reasons why we question the |
|
effectiveness of the Oklahoma law and oppose making |
|
pseudoephedrine a Schedule V controlled substance. |
|
First, we have found no reliable statistics or data to |
|
support the statements that the law has been successful or is |
|
the optimal approach. For this reason, we are pursuing |
|
independent verification of the anecdotal statistics that |
|
appear to point to a reduction in methamphetamine labs. |
|
Second, under the law in Oklahoma, those who have been |
|
arrested for methamphetamine-related crimes must appear before |
|
a magistrate, judge, or court, who are likely to deny bond. Had |
|
this law been in effect a year ago, the addict who killed the |
|
State trooper there would have been behind bars, rather than |
|
back on the streets to commit a senseless killing. |
|
Third, we are concerned about the effect that classifying |
|
pseudoephedrine as a Schedule V controlled substance would have |
|
on the practice of pharmacy and the services that we provide. |
|
Requiring pharmacists to perform the duties of a sales clerk |
|
would not be an efficient use of their time, training, or |
|
knowledge. Time spent tracking cold medicine sales is time not |
|
spent practicing pharmacy. |
|
We believe that any benefits achieved under the Oklahoma |
|
law could be replicated in other States without the unnecessary |
|
burdens of Schedule V requirements. Registration of non- |
|
pharmacy retailers who sell pseudoephedrine products would |
|
drastically reduce the caseloads of product being sold at the |
|
back doors of rogue convenient stores and gas stations. |
|
Raising barriers for consumers to access pseudoephedrine |
|
products is a short-term solution to a long-term problem. The |
|
methamphetamine problem in this country goes beyond toxic lab |
|
investigation and cleanup. And we don't mean to minimize the |
|
seriousness of the problems these labs pose for law enforcement |
|
and the communities affected; however, we must also pursue |
|
long-term solutions to the methamphetamine problem that reduce |
|
the demand for illicit substances. |
|
So, in conclusion, if the Federal Government is serious |
|
about reducing the methamphetamine problem, we would recommend |
|
a number of opportunities be explored, some of which are: stiff |
|
penalties for those arrested or convicted of methamphetamine- |
|
related offenses; encouraging States to register non-pharmacy |
|
retailers that sell pseudoephedrine products; significantly |
|
increasing funding for methamphetamine abuse, prevention, and |
|
treatment programs; working with the State Department and |
|
officials in chemical-producing countries to more closely track |
|
every sale of pseudoephedrine into the United States; providing |
|
incentives for drug companies to develop an effective |
|
decongestant that cannot be converted into methamphetamine; |
|
providing more funding and resources to DEA for enforcement |
|
activities and to local law enforcement for lab cleanup. |
|
Mr. Chairman, this concludes my testimony. We thank you for |
|
the opportunity to participate in this hearing, and we look |
|
forward to working with all present today to find effective |
|
solutions to the methamphetamine problem. We look forward to |
|
sharing with you the research and data that we are pursuing in |
|
the hope of providing further evidence to help us develop |
|
meaningful solutions for addressing these problems. |
|
[The prepared statement of Ms. Wagner follows:] |
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Mr. Souder. First, I want to thank everybody for their |
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testimony, and since this is narcotics enforcement, and |
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arguably one of the hottest debates that is occurring at the |
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State and Federal level, it is really helpful to have all of |
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you on the same panel. Too often we have disconnects; we hear |
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something on one side and hear something on the other side, and |
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you go to one place and go that sounds really good, and you go |
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somewhere else and that sounds really good. This gives us a |
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chance for a little extended discussion. |
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I have some other questions beyond this for this panel, but |
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let me plunge right into this. |
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Mr. Wright, clearly, you heard these discussions in |
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Oklahoma as you went through the law. There were a whole range |
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of concerns, from pharmacy hours and the impact on the grocery |
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store to pharmacists being professionals. Let me just stick |
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with those for a start here. |
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Did you look at treating this more like cigarettes, where |
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it would be behind the counter, but not have to be a pharmacy, |
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and somebody might have to show a license and be limited in the |
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quantity they buy, as opposed to treating it as a Schedule V |
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and putting it in a pharmacy? |
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Mr. Wright. Yes, sir, that was discussed, but not seriously |
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considered. We already have an industry and an institution in |
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Oklahoma, that is the pharmacy, where we regulate drugs. All |
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drugs and pharmacies are regulated by government because of |
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some sort of need. We thought that pseudoephedrine belonged in |
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a pharmacy. |
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Mr. Souder. Did you hear, when you were developing the law, |
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the concerns from the grocery stores and from the pharmacists, |
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as well as the pharmaceutical companies? |
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Mr. Wright. No, sir, we didn't hear so much from the |
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retailers in Oklahoma. Initially they were a little bit |
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concerned, but we had a number of instances where independent |
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convenient store operators were making as much as $70,000 in a |
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6-month period, when they made $5,000 selling Coca Cola |
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products. Some of those stores are clearly making an awful lot |
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of money selling pseudoephedrine to methamphetamine addicts. We |
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don't regulate those people, and it appeared to us to be very |
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difficult to do that. |
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Mr. Souder. Mr. Heerens, compared to a small one-person |
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convenient store or grocery store, your firm would be huge; |
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compared to some other supermarket chains, you are small. In |
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looking at the challenge here, we heard from a representative |
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at the hearing in Hawaii that was very concerned because there |
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they have lots of small towns and, by definition, every |
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pharmacy and grocery store is small; they don't even have |
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scanners. |
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At the same time, in Indiana, one of the problems we see |
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with pseudoephedrine and ephedrine precursors, we have even |
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seen at least one case in my district of somebody getting a |
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pharmacy license predominantly to be able to deal with biker |
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gangs; and that much of like what we see and just heard about |
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Oklahoma is coming from a lot of wherever they see a |
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vulnerability, they will go and hit that store. |
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How do you respond, specifically, to what Mr. Wright said, |
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that in fact it is undeniable that there are certain places |
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where they are loading up? |
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Mr. Heerens. No, there is no question it is a serious |
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problem, and Indiana does have a problem like many States. We |
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had, this summer, in July 2004, the creation of the Meth Abuse |
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Task Force, which is making recommendations to the Indiana |
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General Assembly, many of the recommendations that have been |
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discussed at this table today. But I think, as you have heard, |
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I know I was encouraged to hear what Sheriff Bundy had to say |
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because he said that the retail community in his State was very |
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cooperative. |
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As we have become familiar, especially over the last year, |
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of a serious problem in Indiana, our community, the retail |
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community is stepping up and trying to be a part of the |
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solution, and one of the things we have been talking about an |
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organization in Indiana called the Indiana Retail Council, |
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which is a trade organization for retailers--we talked about |
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this actually last month, as well as earlier this week--is what |
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can we do to try to have a positive impact; and you have heard |
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some of the things that we have outlined: elimination of the |
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blister pack, limiting the amount of products to six grams, |
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maybe stronger sentencing. Those are some of the things that we |
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think will make a difference here, constructive, positive |
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steps, but not drastic steps that may not be warranted. |
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But in terms of rural areas, in terms of specific pockets |
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of problems, I am not sure. In the State of Indiana, as you |
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know, it is mostly an agricultural State with few large cities. |
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In terms of dealing with pockets or I think you talked about a |
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license in the biker gangs, I am not sure what the solution to |
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that is except enforcement of the law once that becomes known |
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and putting those kind of people out of business. And then in |
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Indiana one of the things that I think is coming is, again, a |
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limitation on the amount that you can buy, two or three |
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products per transaction, as well as elimination of the blister |
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pack and some other things. |
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Mr. Souder. I think you also have in your recommendations |
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with wholesalers? |
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Mr. Heerens. Yes. |
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Mr. Souder. How do you see that? Rather than ask you that |
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question, Mr. Wright, do you believe this problem could be |
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addressed by wholesalers looking at unusual quantities going |
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out of proportion, like the person that said they were selling |
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more than Coca Cola? How much of an auditing problem is that? |
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Mr. Wright. That is a tremendous problem for us when it is |
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widespread, and it apparently is. And also I might add that I |
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don't think three-pack-per limits work. We have that self- |
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imposed by Walmart in Oklahoma. We have videotape after |
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videotape where people get out of a car, four or five of them, |
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they all go buy three packs, they go back to the car, they go |
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buy three more packs, they come back, they go to some other |
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Walmart, they are doing the same thing. We really work just |
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trying to keep pseudoephedrine out of the manufacturers' hands, |
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and we don't think that is a viable solution. |
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Mr. Souder. Can they do that through a Schedule V drug by |
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going to different pharmacies? |
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Mr. Wright. Right now they can, but when we implement our |
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Statewide computer system that will authorize those threshold |
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limits, they won't be able to do that. And as we speak, |
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pharmacies in small communities particularly are networking |
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with each other and showing their log books to law enforcement |
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or comparing names to see who is presently trying to purchase |
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more than the nine gram limits, so we are making some arrests |
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already. |
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Mr. Souder. Have you seen anything move to internet? |
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Mr. Wright. No, I have not. |
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Mr. Souder. Mr. Cummings. |
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Mr. Cummings. I am so glad that we had both. I agree with |
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the chairman. I was feeling pretty good about you for a while |
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there, Mr. Wright. Then these folks came along and it just was |
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a clash, because I can see both sides of the issue. So when I |
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look at Mr. Heerens' recommendations, I was trying to figure |
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out what can we do to try to, at the same time, maintain the |
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convenience for customers for you, Ms. Wagner and you, Ms. |
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Suydam, but at the same time deal with the problem. |
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And as I was listening to all of you, I can understand why |
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you all may have had the success that you had in getting this |
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passed, and not so much opposition. Part of it is what Mr. |
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Heerens said, that is, that they are figuring out what happened |
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and they see the effect. |
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The other part of it is that probably the problem was so |
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overwhelming in your jurisdiction that people said, well, we |
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don't care about the convenience, we would rather deal with the |
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problem. I am just guessing. But now we are at a point where, |
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in some kind of way, we are trying to find a solution to this |
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problem. We usually don't have this kind of exchange, so I have |
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to take advantage of it. |
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You have heard the arguments here. What is your response to |
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that? You understand what they are saying. |
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Mr. Wright. Yes, sir. |
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Mr. Cummings. And it is reasonable. Do you agree? |
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Mr. Wright. I don't think that it is. |
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Mr. Cummings. You don't think it is reasonable? |
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Mr. Wright. No, sir. |
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Mr. Cummings. OK, why don't you go ahead? |
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Mr. Wright. I have been a policeman for 25 years. I go back |
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into those phenylacetic acid laboratories. I have seen the |
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carnage associated with the abuse of methamphetamine, and you |
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clearly understand it. What we are really weighing here is |
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treating the sniffles versus solving this problem, in my |
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opinion. As a police officer, personally speaking, I would |
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rather solve the problem at minor inconvenience to people with |
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nasal congestion. I think it is a very good trade. The people |
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of Oklahoma seem to think so. |
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Mr. Cummings. Sheriff Bundy, the Meth Watch program, as I |
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listened to you, I just tried to think like these manufacturers |
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think. First of all, they understand that it is truly a thin |
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blue line. And if a person is a manufacturer knowing there is a |
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thin blue line, and it is even thinner in rural areas, it seems |
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as if they would say to themselves, well, this is a situation |
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where we probably have more of an opportunity to get away with |
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it. I am not saying that is true, but that is what they may |
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conclude. |
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Mr. Bundy. It is true. That fact is just really enhanced by |
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the truth that we don't have 24-hour police patrol; we are |
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abutted by more urban areas. Rural counties are attractive to |
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these individuals for all those very reasons, and the honest |
|
answer is, yes, more often than not they are able to come to |
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rural areas of America and get away with it. |
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Mr. Cummings. And then when I hear you go into a small lab |
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for 9 hours, the overwhelming nature of that on a small police |
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force has to be just absolutely devastating. We are all |
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reasonable people, and I am just trying to figure you all |
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listened to Mr. Heerens--I don't know why I can't pronounce |
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your name. |
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Mr. Heerens. Nobody can. |
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Mr. Cummings. Oh, OK, good. I feel better now. |
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You heard his suggestions and you heard Ms. Wagner and Dr. |
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Suydam, and I understand what you said, Officer Wright, and I |
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respect that. I support police officers. I really do, because I |
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know how important your job is. So how do we now, with all of |
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this, come up with--I mean, you heard the suggestions. |
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I mean, what is reasonable? What do you all suggest we do, |
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hearing everything that you have heard, I mean from my police |
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side? Because these arguments are going to be made, I can tell |
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you; I can hear them. They were, by the way, extremely well |
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done, both sides extremely well done. We have two major |
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problems, and I guess it all depends on who is observing. |
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One may feel like one problem is worse than the other and |
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far outweighs the other, so we have a certain solution; then |
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there is the other side. So where is the middle? What do you |
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see that we could do to try to meet all of your hopes and |
|
dreams that we deal with this problem, but at the same time not |
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inconvenience folks to the degree that it might be |
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unreasonable? |
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I know where you stand, Mr. Wright. |
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Sheriff. |
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Mr. Bundy. I believe there are a lot of pieces that have to |
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come together, and I think there can be some very productive |
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partnerships formed from law enforcement, from retailers, to |
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communities. I think everybody is coming to a greater |
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appreciation of the scope of this problem, and we recognize it |
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as being a true problem. |
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And the Oklahoma approach is working for Oklahoma; it may |
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work other places. Something of a smaller scale may work other |
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places. I don't know the answer any better than you do, I |
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guess, or anyone here at the panel, but it is my belief and my |
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experience after all these years, and just the countless cases, |
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there is going to have to be a partnership that involves the |
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community and law enforcement and retailers that all play a big |
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role in this comes together to formulate a workable solution |
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that we can all be happy with. |
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Mr. Souder. Just for the record, I come from a small town |
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of 700, but it is in a big county. The smallest county I |
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represent is about 40,000 people. You said your county had |
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10,000 in it total? |
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Mr. Bundy. Yes, sir. |
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Mr. Souder. Is it a somewhat unique situation in a sense? |
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Do you have much mobility in and out of the county? I mean, do |
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you pretty much know everybody in the county? |
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Mr. Bundy. Yes. |
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Mr. Souder. So it becomes a little bit easier challenge to |
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work with a grocery store or a pharmacy where you know |
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everybody. Is that fair to say? |
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Mr. Bundy. That is the tremendous strength in programs such |
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as Meth Watch, yes. A long time ago I remember, early in my |
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career, a sheriff from Wichita, which is our urban area in |
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Kansas, talking about how the best way to really solve problems |
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starts just like that, it is a neighbor-to-neighbor thing and |
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then it is a block-to-block thing, and then it goes from |
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community-to-community to encompass the county was the story he |
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related. |
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And that is very much how it does work and that is my |
|
experience, that I have to sell the neighborhoods on it, then |
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they sell the blocks, and then the blocks the communities, the |
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communities the counties, and the counties the States, and |
|
right up the chain to where we really come up with some |
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tremendous solutions. But that is the grassroots approach I |
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take with problems. In this instance it has proven to be really |
|
effective in trying to manage our methamphetamine problem. |
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Mr. Cummings. You know, Mr. Chairman, I am a lawyer, and |
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before I came here I practiced for about 19 years in a small |
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practice, but the way most people got caught in criminal |
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situations is somebody told on them, or else they told on |
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themselves. And I was just thinking we have to maximize that |
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cooperation. I guess the Meth Watch program aims at doing that. |
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And I was thinking about the drug-free communities piece. Maybe |
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we need to look at that and see. |
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I just have to go back and look at it, whether there are |
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things that we can do to enhance that to help some of this |
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prevention and addressing these community needs, because we |
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have to, sheriff, going back to what you just said, we almost |
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have to try to do everything in our power to do this almost by |
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community by community. And perhaps having the drug stores and |
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others who may sell these products help us in any way that they |
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can to try to address this problem. |
|
You know, Martin Luther King, Jr. said you cannot lead |
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where you do not go, and you cannot teach what you don't know. |
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That is why I appreciate what the law enforcement side said so |
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much, because I know that when you see the carnage, when you |
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see the jails filled, it is like this is what you have to deal |
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with everyday. And I guess after you have seen it, Sheriff |
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Bundy, for 20 years plus, and then you see generation after |
|
generation, you say, well, I've got to do--and I don't want you |
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to give up. |
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And I am just imaging somebody sitting right now, watching |
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this on C-SPAN and saying, OK, let us go and do this, because |
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there is this thin blue line. So I just think we have to figure |
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out a way. We in the Congress have to just try to figure out |
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how we can empower communities more and at the same time try to |
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bring folks together, both the retailers and others who may |
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have a problem with some of these solutions, and you all so |
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that we can lift our whole communities up, because we can't |
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just sit here. I am not saying that we are not doing things, |
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because we have already heard the testimony, but I just can't |
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believe that we can't do more. So I just don't believe it. |
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So anybody may want to comment, and then I will be |
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finished. |
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Ms. Wagner. You are absolutely right, we need to do more. |
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Two of the suggestions that we made I think are something that |
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could be done quite easily and would make a difference. One is |
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limiting or eliminating the blister pack rule as it stands |
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today, and starting sales limits within retail stores. But even |
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more than that, limiting the number of stores that carry the |
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products. Right now all pharmacies are licensed by their State |
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board of pharmacy. They know who those pharmacies are, they go |
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out, they regularly inspect them. When it comes to selling this |
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particular product, we find it in convenience stores, in gas |
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stations, and that is where some of the real problems are |
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happening. |
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We don't necessarily believe in limiting stores that can |
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carry it, but at least if they are not licensed by the board of |
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pharmacy, let them register so that some entity in the State |
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knows who is selling it and can go and inspect those premises, |
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look at their invoices, look at their records. Right now there |
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is no one body overseeing the non-pharmacy retailers, and that |
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is something that could be done quite easily, quite quickly, |
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and it would at least give us more knowledge of where these |
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problems are occurring. |
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Mr. Cummings. Does that hurt you, Mr. Heerens? |
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Mr. Heerens. I don't believe it does. I happen to think |
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that is probably a good idea. |
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Mr. Cummings. So that still would allow Marsh to--you said |
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a large percentage of your stores don't have a pharmacy. |
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Mr. Heerens. Right. |
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Mr. Cummings. So products that would fall under that |
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category, in your suggestion, they would have to still register |
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because they don't have a pharmacy. And the ones that have a |
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pharmacy, they are already regulated. |
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Ms. Wagner. Given the opportunity to register. But I would |
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imagine that the rogue operators aren't going to do that. They |
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do not want regulators knowing who they are and that they are |
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selling caseloads out the back door. So this would legitimize |
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those retailers who carry the product. They could still have it |
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available for legitimate customers, but at least an entity in |
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the State would know who and where these people are that are |
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selling it. |
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Mr. Cummings. Well, I just want to again thank all of you |
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for what you are doing. This is a major problem. It is one of |
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the reasons why I agreed to do this subcommittee, because I see |
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the pain of drugs everyday. We don't have the methamphetamine |
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problem in Baltimore too much, where I am from, but no matter |
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what the drug is, it is just so painful to see how people are |
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destroyed. So we are going to do the best we can. We want to |
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work with you. |
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Mr. Chairman, I hope that we can revisit, a year from now, |
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Oklahoma's situation. And one of the things, too, that I saw as |
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a problem, and you alluded to it, Sheriff Bundy, is that when |
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you have an Oklahoma law, then does that force people into the |
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next State or surrounding States? |
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Therefore, what would happen is you would almost have to |
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have a national law, because then people just move from State |
|
to State to State, and then possibly an adjoining State gets a |
|
bigger problem. I don't know, I am not sure about the answers |
|
to that, but I know that in almost everything else, just like |
|
most States, when they look at something like cigarette tax and |
|
things of that nature, they worry about those things because |
|
they force people into another State. |
|
So I think those are the things that we have to consider. |
|
And the fact is that there is a role for the Federal Government |
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to play. We want to play our role, but we also want to be |
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supportive of our States and our locals. So we will give it the |
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best we can, and we just thank you all very much. |
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Mr. Souder. Thank you. |
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Dr. Suydam, do you agree with eliminating the blister pack? |
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Food Marketing said they did, the Association of Chain Drug |
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Stores. What is your association position? |
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Dr. Suydam. Yes, we agree with that as well. In fact, I |
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agree with all of the points that Ms. Wagner made and Mr. |
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Heerens. We believe that registration will be an important |
|
factor in limiting sales to the legitimate groceries and to the |
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legitimate pharmacies, and will get rid of these rogue places |
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where the product is going out the back door. |
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But, you know, one other thing we haven't mentioned, Mr. |
|
Chairman, and I know this is a law enforcement hearing, but I |
|
do think we have to focus on prevention as well. And I think we |
|
have done some work with the Partnership for Drug-Free America |
|
that looks at how do you raise awareness about the problem of |
|
methamphetamine addiction and, in fact how you can raise |
|
awareness with parents and with pediatricians and children, to |
|
get people to stop using this, because we have heard from all |
|
the law enforcement people how addictive this drug is and how |
|
you cannot, in many cases, be treated because there is not an |
|
effective treatment. |
|
So we think a major effort needs to be in the prevention |
|
area as well. But we also agree that we need to enforce the |
|
law; we need to strengthen our laws, and we need to make the |
|
other retail restrictions that we have talked about and |
|
registration. |
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Mr. Souder. I want to comment just briefly on what you |
|
said, because probably 60 percent, at least, of our work is |
|
with narcotics, so we have lots of different things, even |
|
segment further the meth in future hearings. But I want to |
|
touch briefly on the prevention side. I talked to Director |
|
Walters just last Friday about this very subject, about using |
|
some of the ad campaign on meth, but here is our fundamental |
|
problem: there is no meth addict who didn't start with |
|
marijuana, period. We have had multiple testimony around the |
|
country about poly drug use and other things. But if we don't |
|
get hold of the marijuana problem, we don't tackle the meth |
|
problem. And everybody likes to talk about meth, but they don't |
|
want to talk about marijuana. |
|
The fact is that our National Ad Campaign, combined with |
|
other efforts, have reduced marijuana use in the United States |
|
the last 2 years in a row. So guess what Congress is about to |
|
do in its infinite wisdom, and to my great frustration? And the |
|
problem is the ``other body'' as we say here. They are reducing |
|
the National Ad Campaign. We have consistently reduced it now |
|
for 3 straight years. Ranking Member Cummings and myself, along |
|
with Speaker Hastert, have worked, and Chairman Istook has held |
|
a higher number in the House, but we are battling to keep that |
|
program alive. |
|
The Partnership for Drug-Free America does a great job, but |
|
without some of this National Ad Campaign funding, if we |
|
further divide a limited amount of dollars in basic |
|
advertising, which you all know in your industries, if you go |
|
below a certain threshold, you might as well not do the |
|
program, because there is not enough repetitions and enough |
|
penetration of the market. So if we segment this by drugs, we |
|
will lose the momentum we have in one and not get the other one |
|
started. And I am exasperated, and I hope the Speaker succeeds |
|
here in the next 48 hours of getting this dollar amount back |
|
up, or we are in big trouble in our No. 1 prevention program. |
|
Our second big prevention program, Safe and Drug-Free |
|
Schools, has been so watered down in so many districts. They |
|
use it for any after-school program because maybe it will make |
|
the kids think that they are not going to get involved, and it |
|
was supposed to be an anti-drug program. |
|
So when we actually talk about prevention programs in the |
|
United States, we don't have many. Partnership for Drug-Free |
|
America is a great program, the community drug coalitions are, |
|
but we have reduced the thrust of what we have been doing at |
|
this, in spite of this committee's efforts to highlight it. |
|
Now, I have a couple of other specific questions. I |
|
wondered, Mr. Wright, what was your reaction to the licensing |
|
of a lot of these smaller operations? Would they go out if they |
|
were monitored more closely, and would that give us another way |
|
to handle it? |
|
Mr. Wright. I don't really know the answer to that. What we |
|
looked at is we already have a body where we keep drugs that |
|
need to be protected, and that is the pharmacy. It might be |
|
worth exploring. |
|
Mr. Souder. So you basically knocked out convenience stores |
|
and anybody else from being able to sell the type of products |
|
you described if they didn't have a pharmacy. |
|
Mr. Wright. Yes. That still left liquid gel caps and liquid |
|
preparations in the convenience stores. Those are products that |
|
we don't see in methamphetamine laboratories. |
|
Mr. Souder. This is a huge question, and we are talking |
|
about meth today, but we had a hearing in Orlando on OxyContin |
|
and oxycodones; similar argument, similar debate. As DEA |
|
consistently reports, the No. 1 cause of drug deaths in the |
|
United States is legal drugs, and that there is continuing |
|
pressure to try to figure out how to get hold of this. We have |
|
this rash of OxyContin. We picked up the main guy or group in |
|
my area on OxyContin. In Orlando it went through one high |
|
school and killed 10 kids, just like that. How do you balance |
|
that with pain relief? These are huge questions, not just in |
|
the meth precursors. |
|
I want to make sure I get on the record here, Lieuenant |
|
Colby, because we got mostly on this subject, but this hearing |
|
is also dealing with a broader range. Byrne Grants are proposed |
|
to be cut, and I don't believe at the end of the day they will |
|
be cut. Could you describe what would happen if Byrne Grants |
|
were cut, as it relates to you? And I would be interested in |
|
hearing the other law enforcement say that too. |
|
Lieutenant Colby. Certainly. As I said in my statement, we |
|
have 34 drug task force grants in the State of Indiana that are |
|
multi-jurisdictional. This is one of the requirements through |
|
the Indiana Criminal Justice Institute that sends out the Byrne |
|
moneys. One of the problems is one-third of the narcotics |
|
officers in the State of Indiana will be unemployed if the |
|
Byrne Grants go away. |
|
I am personally from a large county of Allen County. We |
|
have 350,000 people in our county. My unit is seven people. It |
|
is our responsibility. Plus, I picked up Huntington County, |
|
Huntington City, and two other counties that work with us on |
|
knocking off meth labs and so on. We don't get involved in |
|
their meth labs as much as they take care of that and we try to |
|
help them take care of their cocaine and crack head problem. So |
|
it is kind of a tit-for-tat thing. Their funds are getting |
|
eaten up because of it. I try to help them out, out of the drug |
|
task force funds. |
|
So the Byrne Grants are doing a multi thing in everybody's |
|
area, and the Indiana Drug Enforcement Officers Association is |
|
saying one of the problems we have with meth is, as officers, |
|
as all of you know, law enforcement officers really don't see a |
|
lot of gray, it is black or white, and you either go to jail or |
|
you don't. And I think that is one of the stances that Oklahoma |
|
took. It is not a patch, it is a fix, and they are getting |
|
results; and it is not tomorrow or a year from now, it is |
|
today. And I think that is one of the big problems that you are |
|
going to see with the battle that you people have, |
|
unfortunately, and I don't have to mess with that. |
|
Mr. Souder. Mr. Wright, could you describe what would |
|
happen if Byrne Grants would go away or get dramatically |
|
reduced? |
|
Mr. Wright. Byrne Grants are essential to Oklahoma. More |
|
than half of the narcotics agents in our State are funded by |
|
Byrne funds. They operate 27 independent drug task forces, |
|
particularly in rural areas. That has been the single group |
|
that has fought this methamphetamine epidemic for the last |
|
decade. Those guys do more meth labs in Oklahoma than anyone |
|
else, and we are going to be in real trouble if we lose Byrne |
|
funding. We lobby for that hard every year. |
|
It also funds a wire intercept project that we have at my |
|
agency. We don't just work meth labs, we work Mexican drug |
|
cartel cell groups that are operative in Oklahoma, and we do |
|
wire tap after wire tap after wire tap on those organizations, |
|
and all of those cases lead back to Mexico. That is also Byrne |
|
funded. We very much appreciate Byrne funding. |
|
Mr. Souder. One of the things that is happening that we |
|
have to watch is that the High Intensity Drug Trafficking |
|
Areas, the HIDTAs, had a very specific goal. That goal was to |
|
work in high-intensity drug trafficking areas to keep the drugs |
|
from getting to other areas. |
|
And as Congressmen figured out and Senators figured out |
|
that they could get HIDTAs in their home area, the HIDTAs |
|
became in some areas like the drug task forces. And as the |
|
HIDTAs proliferate, the support for Byrne Grants has declined |
|
because HIDTAs became the new trend. |
|
And even though some of their functions are the same and |
|
some of them aren't, what is going to happen is if we reduce |
|
the Byrne Grants, we are going to see a demand for HIDTAs |
|
everywhere. HIDTAs, in effect, will merely become a |
|
reconfiguration of the drug task forces, which is starting to |
|
happen in some areas already in the country. |
|
And the whole point of border control high intensity |
|
distribution networks will be undermined and will have |
|
undermined the existing drug task force structure, trying to |
|
reinvent another one because we have a new hot name. And it is |
|
has been interesting because we haven't really looked at that |
|
interrelationship between where the Byrne Grant money is going |
|
and where the HIDTA money is going. |
|
Oklahoma is kind of interesting because don't you have a |
|
new HIDTA? |
|
Mr. Wright. Yes, sir. We are an extension of the North |
|
Texas HIDTA out of Dallas. |
|
Mr. Souder. Which is a relatively low-funded HIDTA, so you |
|
don't have as much pressure. |
|
Mr. Wright. A very low-funded HIDTA. |
|
Mr. Souder. But it is that type of trend, that as that |
|
expands, there will be more attention on that money and trying |
|
to get that money, and we just move it from one to another and |
|
don't get a net in a reconfiguration. So I wanted to make sure |
|
we got onto the record here about the Byrne Grants. And we are |
|
similarly looking at RISS versus EPIC, and so on. |
|
Did you have something, Sheriff Bundy? |
|
Mr. Bundy. Just real quickly about the Byrne Grants. I just |
|
met with the director of the Kansas Bureau of Investigation |
|
last week, and the trend has become that it is the only way |
|
that KBI exists, and 46 percent of that budget is from Federal |
|
funding now. And in a State like ours that is so rural, where |
|
75 percent are representative of me, we don't have narcotics |
|
offices or detectives, we rely on the State agency, being the |
|
KBI, for that type of support for the entire State. |
|
So the elimination of Byrne Grants wouldn't so much impact |
|
narcotics investigations or specialized services, but the most |
|
basic type of services to the citizens of our State would be |
|
impacted that day the Byrne Grants are lessened. It plays a |
|
huge role in rural States, and I would hate for you not to know |
|
of that. |
|
Mr. Souder. Well, I thank you all for your testimony today, |
|
for your participation. We and many other Members of Congress |
|
and the Speaker's drug task force are trying to put together a |
|
package here. We are trying to work with everybody involved as |
|
to how we do this at the national level. We all know that |
|
Internet and international sales complicate all these |
|
questions, so we don't just move it to another place. |
|
We want to work with the industry, we want to work with law |
|
enforcement to make sure that we can try to keep the meth |
|
problem from expanding. While we are focused on this for this |
|
particular task, we are working with the industry as well on |
|
the other over-the-counter legal drugs that are used and abused |
|
by individuals, both for distribution and leading to the death |
|
and destruction of many families and individuals around the |
|
country. |
|
So, once again, thank you again. If there any additional |
|
materials you want to submit, please do so. We will probably |
|
give you some additional followup questions both for the |
|
record, but as we develop the package together, I am sure that |
|
the Narcotics Officers Association, which is a key part of the |
|
support for this committee and represents the people on the |
|
front lines, as well as trying to balance that with fairness |
|
for the people who need legal drugs to relieve their pain and |
|
suffering in many different ways. |
|
Thank you all for participating. With that, the |
|
subcommittee stands adjourned. |
|
[Whereupon, at 1:06 p.m., the subcommittee was adjourned.] |
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[Additional information submitted for the hearing record |
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