The Bush Administration supports federal meth legislation that would apply significantly fewer restrictions on pseudoephedrine than the pending Talent/Feinstein senate bill.

The legislation proposed by the White House as part of a comprehensive anti-meth strategy is also less strict than current law in a number of states.

The Administration's "comprehensive, balanced approach to the methamphetamine challenge" was outlined by HHS Secretary Mike Leavitt, U.S. Attorney General Alberto Gonzalez and National Drug Control Policy Director Jon Walters Aug. 18 in Nashville, Tenn.

Most significantly, the White House plan makes no mention of restricting pseudoephedrine to behind-the-counter sale.

The Administration's proposed plan to limit methamphetamine precursor diversion includes an individual purchase limit of 3.6 g per transaction for retail sales of pseudoephedrine-containing products.

The per-transaction limit could pose less of a recordkeeping burden on retailers than limits that apply to a 30-day period, but may be less effective in thwarting criminals who travel to multiple stores to build a larger supply, a practice called "smurfing."

Secondly, the Administration supports elimination of an exemption for products sold in blister packs, "thus requiring all products containing pseudoephedrine to be subject to federal law."

The Drug Enforcement Administration has supported removing the blister pack exemption for several years, as has Sen. Dianne Feinstein (D-Calif.), co-sponsor with Sen. Jim Talent (R-Mo.) of a bill that would put pseudoephedrine behind pharmacy counters.

Blister pack products were originally exempted from sales limits based on a belief they were not used in meth labs, but DEA has reported finding empty blister packs at lab sites.

Thirdly, pseudoephedrine importers should be required to get DEA approval "if there is a change to the shipment's original purchaser in order to prevent the diversion of the product for illegal use."

HHS also announced new grants for substance abuse treatment and research. DOJ plans to give greater priority to federal meth cases and expand its enforcement efforts.

The Administration policy appears intended to leave the option of instituting greater pseudoephedrine restrictions in the hands of states.

For example, the announcement makes no mention of whether the proposed federal bill should preempt state laws. ONDCP would not comment on preemption.

However, existing White House policy backs states' enacting laws with stricter retail controls.

The Department of Justice, ONDCP and DEA outlined a strategy for state controls in the National Synthetic Drugs Action Plan released in October.

The plan urges states facing "significant levels" of meth lab activity and precursor diversion to "consider the imposition of more stringent controls than those currently in place at the federal level."

Comments from ONDCP head Walters implied the Administration will not endorse the stricter Talent/Feinstein bill as a national solution. Asked for a position on the measure, Walters noted "we have not picked particular pieces of legislation that are pending before Congress."

The Talent/Feinstein bill was approved by the judiciary committee and awaits floor debate. (¹ Also see "Combat Meth Act Heads To Senate Floor Without Federal Preemption Clause" - Pink Sheet, 1 August, 2005., p. 3).

The two senators expressed disappointment in the White House stance on pseudoephedrine, despite supporting other elements of the meth strategy.

"While the Administration should be applauded for recognizing the need for additional resources to fight meth and to provide additional funding for treatment, their plan is inadequate because it doesn't go far enough to restrict products containing pseudoephedrine," Talent said in a same-day joint statement.

"I am surprised and disappointed that the Bush Administration did not endorse one of the most effective tools in the battle against meth - putting cold medicine containing pseudoephedrine behind the counter."

The Senators pointed to state laws touted as effective in reducing precursor diversion (see ² Also see "Oregon Pseudoephedrine Law Requires Prescription Status By July 2006" - Pink Sheet, 22 August, 2005.).

White House Meth Bill Plan Would Not Put Pseudoephedrine Behind Counters

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