Monday, November 21, 2005

Congress Attatches Methamphetamine Bill to Patriot Act

CONGRESS ATTACHES METHAMPHETAMINE BILL TO PATRIOT ACT

In an attempt to limit debate over a controversial methamphetamine bill, members of Congress have attached it to legislation renewing the USA-PATRIOT Act, which could pass Congress this weekend. The Drug Policy Alliance fought this bill, now known as the "Combat Methamphetamine Epidemic Act," in several committees. Though the bill remains alive, groups working to oppose it have scored several major victories.

The original bill would have enacted penalties for methamphetamine that were harsher than those enacted for crack cocaine in the 1980s. Those mandatory minimums were stripped out of the bill in committee. Thousands of Alliance supporters faxed Congress in opposition to the mandatory minimums.

Additionally, a number of good provisions were added in committee. Congresswoman Sheila Jackson Lee (D-TX) added a section that creates a grant program to increase drug treatment for women with children. Congressman Bobby Scott (D-VA) added a section requesting a study on how to enact a treatment-instead-of-incarceration program for federal offenders with substance abuse problems. The Alliance has been working to accomplish both things all year.

Two troubling provisions remain in the bill. One would enact a penalty of up to 20 years for selling or making methamphetamine in a home where a minor resides (even if the minor is not there at the time). This penalty would be on top of the penalties for the underlying offenses, which usually carry harsh mandatory minimums themselves. Though methamphetamine in the presence of children is a serious problem, this provision could devastate families by giving thousands of mothers long prison sentences when other options, such as treatment, are available. If the provision is enacted, many children would be put into foster care at taxpayer expense.

The other troubling provision would require law-abiding Americans to show identification and sign a government log to buy cold medicine. While the Alliance supports many state and federal regulations designed to prevent people from using cold medicine to manufacture methamphetamine, there are concerns about the privacy implications of requiring people to show ID and give their names and addresses to buy Nyquil, Theraflu, Sudafed and dozens of other cold medicines.

Since Congress has yet to pass the PATRIOT Act, which contains the meth legislation, the Alliance is now doing some last minute lobbying to reform or eliminate these provisions.

Note: The final bill is a combination of several bills along with changes made in committee, and is not available online.

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