The mountains and valleys of West Virginia. Photo taken from the observation tower at Pipestem State Park.
Great Seal of West Virginia.
Ariel view of Meadowfill Landfill, Harrison County, WV. Earth Day at the State Capitol, 2006. Electronics collection/recycling event, Home Depot, Teays Valley, WV. The Raleigh County SWA Recycing Center.
 

Solid Waste Management Board Administration

 

West Virginia's Latest Environmental Hazard

Methamphetamine Labs

Is Methamphetamine Illegal?

 

You bet. Methamphetamine is a Schedule II substance under the Controlled Substances Act. Schedule II drugs, which also include cocaine and PCP, have a high potential for abuse.

 

In 1988 Congress passed the Chemical Diversion and Trafficking Act of 1988 (Public Law 100-690) which substantially restricted activities involving chemicals used in the production of controlled substances. The Domestic Chemical Diversion Act of 1993 (Public Law 103-200) limited transactions involving ephedrine even if the ephedrine was contained in a drug being marketed legally under the Federal Food, Drug and Cosmetic Act. In 1996  the Methamphetamine Control Act (Public Law 104-237) posed new restrictions on pseudoephedrine, phenylpropanolamine, iodine and hydrochloric gas while increasing the penalties for violations involving restricted chemicals.

 

The "Combat Methamphetamine Epidemic Act" was passed by the U. S. Congress and enacted in 2006. The law will impose nationwide controls on cold remedies that contain pseudoephedrine, meth's essential ingredient, and dramatically expand U.S. authority over global trade in the chemicals.

 

Federal law has attempted to impose legal barriers to prevent the manufacture of methamphetamine by increasing criminal penalties and restricting the availability of certain chemicals necessary to manufacture methamphetamine . Several states have discussed the option of enhancing federal legislation with state law further increasing legal penalties and restricting certain chemicals. 

 

Several state level Bills have been signed into law in West Virginia regarding methamphetamine production.

 

Senate Bill No. 354, passed March 8, 2003, is designed to more clearly define the charges police can file against someone caught making methamphetamine and includes a  two - to - ten year prison sentence or a fine of not less than five thousand dollars and no more than twenty-five thousand dollars for anyone convicted of operating a meth producing lab.

 

In the 2005 Legislative session, Senate Bill 147, passed and signed by the Governor, will limit access to certain over-the-counter medicines that contain key ingredients which are used in the illegal production of methamphetamine drugs.

 

This new law establishes criminal penalties for obtaining these drugs in excess of the limitations, requires health professionals and related professions to report any injuries they suspect are related to meth production to law enforcement officers and provides for specific penalties for having a meth lab where children are present or when first responders are injured as a result of a meth lab.

 

During the 2006/2007 legislative session, Senate Bill No. 175 titled the Creating Clandestine Drug Laboratory Remediation Act was passed and signed by the Governor. This Act provides that any person convicted under the Methamphetamine Lab Eradication Act is liable to the property owner for the costs associated with cleaning up any contamination caused by the illegal drug lab.

 

The Department of Health and Human Resources is authorized to promulgate rules regarding remediation of clandestine drug laboratories and to establish requirements for property owners, sellers and landlords to disclose the existence of any former clandestine laboratory site or activity to any potential occupant of the residential property. The effective date of this legislation is June 8, 2007. Click here for the DHHR Clandestine Drug Laboratory Remediation Rule.

SB 437 was passed in the 2012 legislative regular session and provides several approaches to control meth production and increase oversight over methadone treatment centers. The bill also creates new programs and databases to control the manufacturing of meth, including the Controlled Substance Monitoring Program database review committee, which is tasked with querying the database to make determinations on a case-by-case basis on unusual prescribing patterns. Further, the bill restricts the amount of pseudoephedrine to 3.6 grams per day, 7.2 grams per month and 48 grams per year. Beginning Jan. 1, 2013, a pharmacy or retail establishment is required to electronically submit, in real time, government ID information to the Multi-State Real-Time Tracking System before selling pseudoephedrine products.

 

For more information on the federal government's role in meth lab control, go to the U.S. Department of Drug Enforcement Administration's website at: http://www.deadiversion.usdoj.gov/meth.

 

Meth Home

 

West Virginia Solid Waste Management Board
601 57th Street, SE
Charleston, WV  25304
Phone: 304-926-0448
Toll Free: 866-568-6649
Fax: 304-926-0472