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Meth crackdown could revoke licenses in Washington

TUMWATER, Washington -- Businesses that sell over-the-counter drugs could lose their licenses if they fail to comply with a proposed city code aimed at curtailing methamphetamine production.
The measure would ban businesses from selling more than three packages of products known to contain ephedrine, pseudoephedrine and phenylpropanolamine: ingredients used to make methamphetamine. Sudafed, a nasal decongestant, is one example of an over-the-counter drug that has ephedrine.

Violating the proposed code would constitute a gross misdemeanor and could result in the business losing its license. The measure brings Tumwater, Washington into compliance with state law.

Paul Martin, owner of Martin's Southgate Drug on Capitol Boulevard, said he doesn't keep large quantities of drugs with ephedrine on the shelves to deter customers from trying to buy more than three packages at a time. But he has mixed feelings about the possible changes to the Tumwater code.

"If that's a tool that the officers need to help them, and they're the ones asking for it, I support it," he said. "I'm not a person who likes adding more bureaucracy to our system. I hope they (the City Council) take a hard look at do we need more laws."

Tumwater's public safety subcommittee discussed the proposal Thursday and will review it again next month. The City Council would have to sign off on the proposal before it could take effect.

The first step would be educating businesses about the new regulations, Detective Jay Mason said. Revoking a business license would be an extreme measure used when a business repeatedly fails to comply with the law, he said

"We're not out to slam people on this, we just want compliance," Mason said. "We want to have this tool available to the city so that if someone does abuse it, we can deal with it."

Most businesses have cooperated with Washington police in the past on similar issues, he said.

"If we have more than one arrest a year with this, I'd be significantly surprised," Mason said.

Other code changes

The city also is exploring bolstering its code to require those convicted of marijuana or drug paraphernalia charges to spend 24 hours in jail. That's the punishment required under state law.

Offenders charged in Tumwater often face lesser sentences because the city code does not expressly mandate otherwise, city officials said Thursday.

"This is not going to have any effect on arrests," said Christy Todd, Tumwater's acting city attorney. "This should have been a mandatory requirement since 1989. I'm concerned about the practice that's developed in Municipal Court where there are things we should be doing but basically aren't because it isn't in our code."

The measure would affect the number of offenders Tumwater sends to jail -- a change that would increase costs to the city's budget, Todd said. The city expects to face a $270,000 budget shortfall in 2004.

Councilman Bruce Zeller said he wants to know the financial implications on the city's budget before he makes up his mind about any of the city code proposals.

"I personally have some objections to some of the substance of state law, but the reality is that this is Washington state law," he said.

"We're in a quarter-million-dollar budget crunch. Do we really want to be placing a whole bunch of new requirements on our police officers? I'm not ready to move forward with these."




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