AN ACT CONCERNING METHAMPHETAMINES.

1. establishes a statutory definition for methamphetamine-type substances;

2. increases the penalties for trafficking in 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. creates an account to pay for cleaning up methamphetamine labs funded by defendants convicted of an offense that involves its manufacture; and

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

EFFECTIVE DATE: October 1, 2008, except for the laboratory clean-up account, which takes effect July 1, 2008.

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 show a similar potential for abuse or that are controlled substances, unless modified.

The law subjects anyone who traffics 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, a $ 50,000 fine, or both; (2) for a second offense, 30 years imprisonment, a $ 100,000 fine, or both; and (3) for subsequent offenses, 30 years, a $ 250,000, or both.

The bill subjects someone who traffics in a controlled substance that is a methamphetamine-type substance to the same penalties. Under current law, someone who traffics in them is subject to the following maximum penalties: seven years imprisonment, a $ 25,000 fine, or both; for a first offense; and 15 years imprisonment, a $ 100,000 fine, or both, for subsequent offenses.

A non-drug dependent person trafficking in narcotic substances in amounts greater than certain thresholds must, under current law, serve a minimum of five years in prison and may be imprisoned for life. 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 to the same penalty a non-drug dependent person who traffics in at least 50 grams of a 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, a $ 1,000 fine, or both, for a first offense, and 10 years imprisonment, a $ 10,000 fine, or both, for subsequent offenses (CGS § 21a-255).

The bill increases the maximum penalty for a first offense that involves paraphernalia used to prepare a methamphetamine-type substance to five years imprisonment, a $ 5,000 fine, or both.

The bill establishes the “methamphetamine laboratory clean-up account” as a separate nonlapsing account in 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 costs incurred for any clean-up associated with the manufacture.

The reimbursement 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. Account balances at the end of the fiscal year are carried forward.

The bill prohibits a person from buying, receiving, or otherwise acquiring more than 3. 6 grams per day, or more than nine grams during a 30-day period, of a drug product, or combination of drug products, containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers.

It requires retail sellers of these products to (1) store them in a location inaccessible to consumers, (2) require consumers to ask for and purchase them at a counter, and (3) keep a log book of purchasers. The log book must contain: (a) the purchaser's name, signature, and address; (b) purchase date and time; (c) the seller's name; and (d) the name and quality of the product purchased. 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. These provisions do not apply to the purchase of a single package containing 60 milligrams or less of pseudoephedrine.

The bill requires sellers to keep a written 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 the seller provides 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, and requires retailers to keep a log book of purchasers and personal information about the consumers for at least two years (Title VI of PL 107-177).

Yea

Nay

(03/07/2008)

Yea

Nay

(03/24/2008)