Third read scheduled for meth ingredient ordinance
February 22, 2005
A county ordinance limiting the availability of products containing a key methamphetamine ingredient will go into effect in 60 days if it passes a third reading by the Story County Board of Supervisors on Tuesday.
Story County Ordinance No. 140 would require retailers who sell products containing pseudoephedrine, like cold medicines, to place them in either a locked display cabinet or behind the counter. Patrons would be required to sign a log book that contains the date of sale and the person’s name, address and telephone number. The log book must also show that photo identification was produced upon purchase.
The log book must be kept for all purchases made during one calendar year, and any law enforcement official may view and reproduce the log.
“It’s something that’s been needed for a while,” Ames Police Sgt. Dave Lekwa said. “The pseudoephedrine that’s used in many over-the-counter medications is one of the primary ingredients for meth manufacturers.”
The ordinance also places restrictions on the number of products that may be purchased. Retailers may sell a maximum of two prepackaged units and no more than 96 pills, tablets or capsules per day. Customers would also be limited to 30 fluid ounces of pseudoephedrine products, which was more than Story County Attorney Stephen Holmes would have liked.
Holmes, who is the main author of the ordinance, went from store to store to help determine what limits to place on the sale of these products. Sam’s Club sells liquid cold medicine in three packs of 10-ounce bottles. Holmes decided he wouldn’t make a product already being sold by Sam’s Club illegal.
“I didn’t want to appear to be threatening,” Holmes said. “I didn’t feel that was appropriate.”
Violation of the ordinance is a simple misdemeanor and is punishable by a fine of up to $500 and 30 days in jail per occurrence.
Story County Supervisor Don Toms said most people he had talked to were in favor of the ordinance.
“There’s a lot of support,” Toms said. “I’ve had several individuals tell me this ordinance is worthwhile.”
Ruth Comer, spokeswoman for Hy-Vee Inc., said her company supports legislation to help counter Iowa’s meth problem despite the disadvantages to customers.
“We aren’t opposing it,” Comer said. “But we have concerns about the inconvenience it will cause our customers, 99 percent of whom just want to buy something to relieve their cold, not to make methamphetamine.”
In January 2004, Hy-Vee moved 18 of its cold medicines behind the counter because of increased theft, preempting a state law that went into effect later that year.
These medicines use pseudoephedrine as their sole active ingredient.
“What Hy-Vee did in January pretty much became the basis for what Iowa law is regarding those products,” Comer said.
Comer said sales of those products “dropped substantially,” but said she thinks people bought more of the other multi-symptom products still available on the shelf.
The county ordinance would also preempt bills being considered by lawmakers in the Iowa Legislature.
The blanket coverage of all pseudoephedrine products is the main difference between the county ordinance and state legislation. A bill that recently passed unanimously in the Iowa Senate would affect only products containing 240 milligrams of pseudoephedrine or more.
In Iowa, more than 1,300 meth lab busts were made last year. Only two other states, Missouri and California, recorded higher numbers.