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6 bills in Indiana Statehouse aimed at slowing the manufacture of meth

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meth-bar-charts.gifThe description Rodney Cummings gives of Madison County makes the central Indiana area sound like a war zone.

Houses and hotel rooms have blown up, and many children live covered in chemicals. Just talking about the situation causes the Madison County prosecutor to sigh and say, “You have no idea how rough it is here.”

The source of the problem is the manufacture and abuse of methamphetamine, a volatile mix of medicine and toxins that forms a highly addictive drug. Within the past decade, clandestine meth labs found by Indiana law enforcement have ballooned from 732 in 2002 to 1,726 in 2012, according to Indiana State Police statistics.

Madison County led the state in 2012 with 96 meth labs discovered. Vanderburgh County was second with 81.

In 2005 and 2011, the Indiana General Assembly passed legislation aimed at curbing the rise in meth use. Now with six new bills introduced in the 2013 session, the Legislature is again turning its attention to the problem.

However, Cummings is not hopeful any new law will help. In fact, he said he is very frustrated and does not expect any of the bills to pass because of the strength of the retail lobby.

Moreover, he said, even if the state puts up more obstacles, the users will still find a way to get the drugs they want.

Statehouse response

The six bills circulating this session all target ephedrine and pseudoephedrine, the key ingredients in meth. Indiana State Police Capt. David Bursten compared the process of trying to make meth without these substances as trying to make water without two parts hydrogen.

Of the proposed legislation, two bills would reduce how much an individual could purchase of an ephedrine- and pseudoephedrine-containing medication like cold and allergy pills. The remaining bills – three introduced into the Senate and one offered in the House – would make medications containing ephedrine or pseudoephedrine available by prescription only.
 

yoder-carlin-mug Yoder

A bill authored by Sen. Carlin Yoder, R-Middlebury, is moving through the Legislature after it was passed unanimously by the Senate Committee on Corrections and Criminal Law. Senate Bill 496 limits the amount of ephedrine and pseudoephedrine a person can purchase to 61.2 grams per year. It also increases the criminal penalty for individuals who buy certain meth ingredients with the intent to give them to someone else expressly for making meth and prohibits anyone convicted of a meth-related crime from possessing ephedrine or pseudoephedrine without a prescription for seven years.

Yoder is confident these measures will curb the making of meth because it will make the key ingredients more difficult to obtain. He called the bill a “good step forward” that still allows the law-abiding citizens access to cold and allergy medicines without having to go to their doctors and get prescriptions.

However, Cummings maintains to have a true impact on the meth epidemic, the Legislature must label ephedrine and pseudoephedrine as controlled substances that require a doctor’s prescription.

Sen. Randy Head, R-Logansport, agrees. He introduced SB 498 this session that would classify compounds, mixtures and preparations containing ephedrine and pseudoephedrine as Schedule III Controlled Substances and make them available only with a prescription.


randy head Head

Oregon passed legislation making ephedrine and pseudoephedrine available only with a prescription in 2005 and has since recorded a significant drop in meth labs, according to data from the Oregon Alliance for Drug Endangered Children.

The number of labs in the Beaver State dropped to 63 in 2006, less than half 2005’s total of 192. Meth labs have continued to fall year after year, landing at 10 in 2011.

Head believes that success can be duplicated in Indiana. A former deputy prosecutor, he, like Cummings, has seen the impact meth has on individuals and communities. A prescription requirement would not eradicate meth, he said, but it would significantly decrease the number of labs in Indiana and make the meth much more difficult to obtain.

Critics charge meth would still be available even with prescription restrictions. While the number of home labs would be reduced, the amount of the drug being imported into the state would likely increase.

Advocates counter that meth would still be less prevalent and much more expensive.

Even so, Head’s bill will not get a hearing this session which does not surprise him. He sees the Legislature preferring to take incremental steps, but, eventually, he anticipates the state will limit ephedrine and pseudoephedrine to prescription only.

“The people have to get use to the idea,” he said.

Getting to the cause

The Legislature’s approach, although gradual, did yield early success. After the 2005 bill was passed, which put the ephedrine- and pseudoephedrine-containing medicines behind the pharmacy counter and limited the amount that could be bought in a day, the number of meth labs fell sharply.

In 2005, total labs seized in Indiana was 1,065, but in 2006 and 2007 the numbers had dropped to 803 and 832, respectively. Yet, the drop was short-lived. By 2008, the total had risen to 1,104 and in 2012 reached 1,726.

Meth makers found a way around the law by a practice called “smurfing.” Multiple friends pile in a car and drive from pharmacy to pharmacy, each purchasing the boxes of cold or allergy medicine.

Indianapolis criminal defense attorney Ross Thomas is frustrated with the legislation passed and proposed because the measures do not recognize the difference between meth makers and drug dealers.

Meth manufacturers are being charged the same way as a dealer of narcotics, he said. However, most meth makers are not part of a system of importers, wholesalers and retailers. They are making the drug primarily to feed their addiction and not to make money.

“Unfortunately, the criminal justice system treats these cases the same way as cocaine or heroin dealers,” he said. “Fact is these people have a whole different set of priorities.”

In Madison County, 35 percent of the prosecutor’s caseload is meth related, Cummings said. Most plead guilty and get sentenced anywhere from eight to 14 years in prison. He questioned adding penalties to meth crimes.

“It’s just means we’ll lock up more people,” Cummings said. “State Department of Correction is already mad because we’re sending so many people to jail anyway.”

Yoder concurred that putting people in jail is not a solution. But he does not think making ephedrine and pseudoephedrine available only through a prescription is the solution either. Doctors are already swamped, he said, and prescription drugs are among the most abused drugs.

Although his bill does not contain language about rehabilitation, he said offering programs to help people overcome their meth addictions might be the next step.

Still, rehab efforts would cost money and require a lot of political will to implement. Chuckling at the thought of the Legislature passing such bills, Thomas said that along with education so people don’t start, helping addicts quit would do more to stop the spread of meth.

“It would be the solution, the better solution,” Thomas said. “What they’re talking about is putting a Band-Aid on a skull fracture.”

Cummings pointed to a more fundamental solution – fix the economy. In Madison County alone, 40,000 manufacturing jobs have been lost and currently 84 percent of school children are on public assistance.

Meth is an indication, he said, that “people have lost hope in their ability to live out the American dream.”•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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