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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
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
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.
2006/2007 legislative session,
Senate Bill No. 175 titled
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.
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.
for the DHHR Clandestine Drug Laboratory
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