Combat Methamphetamine Epidemic Act of 2005
Encyclopedia
The Combat Methamphetamine Epidemic Act of 2005 (CMEA) is federal legislation enacted in the United States
on March 9, 2006, to regulate, among other things, retail over-the-counter sales of ephedrine
, pseudoephedrine
, and phenylpropanolamine
products because of their use in the manufacture of illegal drugs. Retail provisions of the CMEA include daily sales limits and 30-day purchase limits, placement of product out of direct customer access, sales logbooks, customer ID verification, employee training, and self-certification of regulated sellers. The CMEA is found as Title VII of the USA PATRIOT
Improvement and Reauthorization Act of 2005 (H.R. 3199). The last provisions of the law took effect on 30 September 2006.
or amphetamine
. They are also common ingredients used to make cough, cold, and allergy products. It was argued that the CMEA would curtail the clandestine
production of methamphetamine. The U.S. Department of Justice claims that states that have enacted similar or more restrictive retail regulations have seen a dramatic drop in small clandestine labs.
The statute also includes the following requirements for merchants who sell these products:
for purchasing Claritin D. Naveau takes one tablet of Claritin D each day to combat allergies, and he "had stocked up on the allergy medication because his teenage son, who was also an allergy sufferer, needed several packages because he was headed off to a church camp." Minors are not permitted to purchase pseudoephedrine under the law. Naveau had gone over the legal limit for pseudoephedrine when he purchased extra Claritin D to give to his son before he attended church camp.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
on March 9, 2006, to regulate, among other things, retail over-the-counter sales of ephedrine
Ephedrine
Ephedrine is a sympathomimetic amine commonly used as a stimulant, appetite suppressant, concentration aid, decongestant, and to treat hypotension associated with anaesthesia....
, pseudoephedrine
Pseudoephedrine
Pseudoephedrine is a sympathomimetic drug of the phenethylamine and amphetamine chemical classes. It is used as a nasal/sinus decongestant and stimulant, or as a wakefulness-promoting agent....
, and phenylpropanolamine
Phenylpropanolamine
Phenylpropanolamine , also known as the stereoisomers norephedrine and norpseudoephedrine, is a psychoactive drug of the phenethylamine and amphetamine chemical classes which is used as a stimulant, decongestant, and anorectic agent. It is commonly used in prescription and over-the-counter cough...
products because of their use in the manufacture of illegal drugs. Retail provisions of the CMEA include daily sales limits and 30-day purchase limits, placement of product out of direct customer access, sales logbooks, customer ID verification, employee training, and self-certification of regulated sellers. The CMEA is found as Title VII of the USA PATRIOT
USA PATRIOT Act
The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
Improvement and Reauthorization Act of 2005 (H.R. 3199). The last provisions of the law took effect on 30 September 2006.
Justification
Ephedrine, pseudoephedrine, and phenylpropanolamine are precursor chemicals used in the illicit manufacture of methamphetamineMethamphetamine
Methamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
or amphetamine
Amphetamine
Amphetamine or amfetamine is a psychostimulant drug of the phenethylamine class which produces increased wakefulness and focus in association with decreased fatigue and appetite.Brand names of medications that contain, or metabolize into, amphetamine include Adderall, Dexedrine, Dextrostat,...
. They are also common ingredients used to make cough, cold, and allergy products. It was argued that the CMEA would curtail the clandestine
Clandestine chemistry
Clandestine chemistry is chemistry carried out in secret, and particularly in illegal drug laboratories. Larger labs are usually run by gangs or organized crime intending to produce for distribution on the black market...
production of methamphetamine. The U.S. Department of Justice claims that states that have enacted similar or more restrictive retail regulations have seen a dramatic drop in small clandestine labs.
Provisions
"The CMEA requires record-keeping and identification of all sales and reports to law enforcement of any 'suspicious' transactions. Purchasers are limited to '3.6 grams of pseudoephedrine base' per day and 9 grams per month. (Buying more than that is a federal misdemeanor.)"The statute also includes the following requirements for merchants who sell these products:
- A retrievable record of all purchases identifying the name and address of each party to be kept for two years
- Required verification of proof of identity of all purchasers
- Required protection and disclosure methods in the collection of personal information
- Reports to the Attorney GeneralAttorney GeneralIn most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
of any suspicious payments or disappearances of the regulated products - Required training of employees with regard to the requirements of the CMEA; Retailer must self-certify as to training and compliance
- Non-liquid dose form of regulated product may only be sold in unit dose blister packs
- Regulated products are to be sold behind the counter or in a locked cabinet in such a way as to restrict public access
- Daily sales of regulated products not to exceed 3.6 grams without regard to the number of transactions
- 30 day (not monthly) sales limit not to exceed 7.5 grams if sold by mail-order or "mobile retail vendor"
- 30 day PURCHASE limit not to exceed 9 grams of pseudoephedrine base in regulated products (misdemeanor possession offense under 21 USC 844a for the individual who buys it)
First arrest
In September 2006, Tim Naveau was arrested and charged with a Class-B misdemeanorMisdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
for purchasing Claritin D. Naveau takes one tablet of Claritin D each day to combat allergies, and he "had stocked up on the allergy medication because his teenage son, who was also an allergy sufferer, needed several packages because he was headed off to a church camp." Minors are not permitted to purchase pseudoephedrine under the law. Naveau had gone over the legal limit for pseudoephedrine when he purchased extra Claritin D to give to his son before he attended church camp.