AN ACT CONCERNING METHAMPHETAMINES.

1. increases the penalties for trafficking in methamphetamine-type substances;

2. establishes a statutory definition for them;

3. sets a sentence for a non-drug dependent person who sells amounts of them over certain thresholds;

4. increases the penalty for a first-time offense for violating the drug paraphernalia law in connection with them;

5. increases the penalty for trafficking in drug paraphernalia;

6. creates an account to pay for cleaning up methamphetamine labs funded by defendants convicted of an offense that involves its manufacture; and

7. like federal law, requires drugs used in its manufacture, like pseudoephedrine, to be kept behind a counter and requires sellers to keep a log book of purchasers.

The bill defines “methamphetamine-type substances” as methamphetamine and structural analogues, including methylenedioxymethamphetamine (MDMA) and other substituted phenylethylamine compounds; their salts, isomers, and salts of isomers; and chemical compounds that are similar in chemical structure or physiological effect, and that show a like potential for abuse or that are controlled substances, unless modified.

The law subjects anyone who trafficks in controlled substances that are hallucinogens, other than marijuana, or narcotics except as authorized by law, to the following maximum penalties: (1) for a first offense, 15 years imprisonment, $ 50,000 fine, or both; (2) for a second offense, 30 years imprisonment, $ 100,000 fine, or both; and (3) for subsequent offenses, 30 years, $ 250,000, or both. The bill subjects someone who trafficks in a controlled substance that is a methamphetamine-type substance to the same penalties. Under current law, someone who trafficks in them is subject to the following maximum penalties: seven years imprisonment, $ 25,000 fine, or both, for a first offense and 15 years imprisonment, $ 100,000 fine, or both, for subsequent offenses.

The law sets the penalty for a non-drug dependent person trafficking in narcotic substances in amounts greater than certain thresholds at a minimum of five years to life in prison. The thresholds are: one ounce of heroin or methadone, one-half ounce of cocaine or crack, and five milligrams of lysergic acid diethylamide. The bill subjects a non-drug dependent person to the same penalty if he trafficks in at least 50 grams of methamphetamine or a substance containing a detectable amount of methamphetamine-type substance.

The law prohibits knowingly possessing drug paraphernalia in a drug factory situation to make or prepare a controlled substance in violation of the law on dependency-producing drugs. The maximum penalties are two years imprisonment, $ 1,000 fine, or both for a first offense and 10 years imprisonment, $ 10,000 fine, or both for subsequent offenses (CGS § 21a-255). The bill increases the maximum penalty for a first offense if the offense is in connection with paraphernalia used to prepare a methamphetamine-type substance to five years imprisonment, $ 5,000 fine, or both.

The bill increases, from a class A misdemeanor to a class D felony, the penalty for delivering, possessing with intent to deliver, or manufacturing with intent to deliver drug paraphernalia knowing, or under circumstances in which one should reasonably know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise consume a controlled substance. Class D felonies are punishable by one to five years imprisonment, a fine of up to $ 5,000, or both.

The bill establishes the “methamphetamine laboratory clean-up account” as a separate nonlapsing account within the General Fund. The court, when sentencing a defendant convicted of an offense involving the manufacture of a methamphetamine-type substance, must order the defendant to reimburse the state for the cost incurred for any clean-up associated with its manufacture by the defendant.

All money reimbursed by the state must be deposited into the account. The environmental protection commissioner may authorize expenditures from it to reimburse a state or municipal agency for its clean-up costs. Balances within the account at the end of the fiscal year are carried forward into the next fiscal year.

The bill prohibits buying, receiving, or otherwise acquiring more than seven and one-half grams of a drug product, or combination of drug products, containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers within a 30-day period.

It requires retail sellers of these products to (1) store them in a location inaccessible to consumers, (2) require consumers to ask for them and to purchase them at a counter, and (3) keep a log book of purchasers. The log book must include: (1) the purchaser's name, signature, and address; (2) purchase date and time; and (3) the seller's name. The book must be kept for at least two years after the date of the last entry. The bill requires sellers to obtain positive identification from the purchaser to verify the information entered in the log.

The bill requires sellers to keep a self-certification that all individuals who are responsible for delivering drug products to purchasers, or who deal directly with purchasers by taking payment, have completed training designed to ensure that they understand the bill's requirements relating to selling these drug products.

Controlled substances are grouped in Schedules I through V, according to their decreasing tendency to promote abuse or dependency. Schedule I substances are the most strictly controlled because of their high potential for abuse. State and federal laws authorize prescribing drugs in Schedules II through V; most Schedule I drugs do not have any approved medical use.

Federal Law on Over-the-Counter (OTC) Sales of Drug Products Containing Pseudoephedrine

Federal law limits the amount an individual may purchase in a 30-day period, requires consumers to present photo identification, requires retailers keep a log book of purchasers, and personal information about the consumers at least for two years (Title VI of PL 107-177).

Yea

Nay

(02/27/2007)