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METH BATTLE MAY PUT COLD MEDICINES OUT OF REACH

Pseudoephedrine In Some Remedies Often Used To 'Cook' Lethal Stimulant

Pseudoephedrine is in the crosshairs for legislators since it is said by law enforcement officials to be the principal ingredient in the caldron for meth "cooks." It shows up in such products as Sudafed and, when combined with a brew of several other toxic substances, yields meth.

Police, prosecutors and drug counselors have been urging legislators to take action on this and other "precursor" ingredients, including agricultural chemicals, citing the experiences of other states.  In Oklahoma, for example, officials have reported a sharp drop in the number of meth lab seizures after the new controls were enacted.

There seems to be a bipartisan consensus in Wisconsin that pseudoephedrine should be designated a "Schedule V" controlled substance, meaning essentially that it can be sold for retail only under the supervision of a pharmacist.  The number of packets that can be purchased at one time also would be limited.  And customers would likely have to sign in, provide a valid ID and record their purchases in a log that could be accessed by police.

The effort is meant to foil shoplifting meth cooks or their helpers who clear store shelves of the product or legally purchase the drug in large quantities, traveling from store to store to avoid suspicion.

Assembly and Senate leaders are hammering out details on the new laws, and a vote is expected this month.  A sticking point could be an exemption for so-called "combination" products, such as Actifed, that combine pseudoephedrine with other drugs, analgesics or antihistamines.

In both chambers, a version of the legislation limiting access to meth ingredients has passed the relevant committees in recent weeks, though legislators continue to haggle over the combination exemption.

The debate has centered on just what meth cooks are using and whether new restrictions in neighboring states such as Iowa and Minnesota, which have put the combination capsules behind the pharmacist's counter, would therefore make Wisconsin a destination for meth-minded shoppers.

Medications in gel caps form are another issue.  For the time being, pseudoephedrine in that form would not be restricted in the pending legislation, because there is general consensus that it is much more difficult to make meth with gel caps than with starch-based capsules.  But the proposals provide a mechanism to send gel caps, too, behind the pharmacists' counters if meth cooks begin turning to them.  Evidence from meth labs in Iowa suggests they already have.

With that in mind, Minnesota's legislature is contemplating banning pseudoephedrine altogether.

Some legislators, though, have been wary of the impact on consumers.

"Before we take products off the shelves, we have to have solid proof that those products are being used to produce methamphetamine," said Rep.  Scott Suder ( R-Abbotsford ), chairman of the Criminal Justice and Homeland Security Committee.

Attorney General Peg Lautenschlager said she supported regulating the combination drugs the same as single-ingredient medications, citing data that show that last year, "combo capsules" were used to cook meth at 24 of 44 seized labs.

"If we take pseudoephedrine off the market, those who produce meth will be driven toward those more readily-available substances," said Lautenschlager, who has conducted two "meth summits" in recent months to raise awareness about the drug.

Last month, an official with the U.S.  Drug Enforcement Administration weighed in on the combo issue, writing to an official from the pharmaceutical giant Pfizer, a principal manufacturer of combination products.

"Methamphetamine cooks are not quality conscious to the extent that they worry about what else might end up in the final product," wrote William Grant, chief of the DEA's public affairs section.

That sentiment was echoed by Dale Woolery, associate director of Iowa's office of drug control policy, who cited his state's statistics, which showed an uptick in appearance of the combo-based meth after an earlier round of legislation failed to limit those products the same as the single-ingredient tablets.

Whether pseudoephedrine shows up by itself or with another drug "is a distinction without a difference to meth cooks in Iowa," he said.

In 2003, according to Iowa figures, 32.9% of lab samples submitted included combination products.  In November and December of 2004, before new restrictions were enacted, that figure jumped to almost 66%.Tom Engels, a lobbyist for the Pharmacy Society of Wisconsin, said lawmakers should be mindful that more restrictions could limit the products available to consumers, since there would be limited space in some instances.

"During the proverbial cold and flu season, it's going to be a lot of work for pharmacists," Engels said.  "And there's not going to be room for all of the products."

Retail giants Wal-Mart and the Target Corp.  already have begun putting some of the non-prescription cold medications behind the counter.  Locally, the Roundy's Corp.  has limited purchases of products containing pseudoephedrine to three units per customer.

State Sen.  Sheila Harsdorf ( R-River Falls ), a lead supporter of the most stringent precursor restrictions, said a key to passing the legislation would be to convince legislators from areas not yet affected by the drug.