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Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment

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Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment January 2004 New Mexico Sentencing Commission Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment Prepared for: The New Mexico Sentencing Commission January 2004 Compiled by: S. Colby Phillips, Research Assistant This Research Overview and many others are available for download on the New Mexico Sentencing Commission web site at www.nmsc.state.nm.us NOTE: This Research Overview provides information for members of the New Mexico Sentencing Commission. It is not a statement of the Commission’s view or opinion. Page 2 Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment Table of Contents Executive Summary …………………………………………………………….4 Methamphetamine Overview …………………………………………………...5 Methamphetamine Production and Use of Precursor Chemicals ………………6 Laws Controlling Methamphetamine Precursor Chemicals ……………………7 Endangerment of Children Present at Clandestine Methamphetamine Labs …...9 Methamphetamine Lab-Related Child Endangerment Laws and Programs ……10 References/Sources ……………………………………………………………..12 Page 3 Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment Executive Summary • Methamphetamine is an addictive drug that can be destructive to the human body leading to severe neurological, behavioral, and psychological problems. • The number of clandestine methamphetamine drug labs seized by law enforcement has been increasing yearly across the United States, including New Mexico. • Clandestine drug laboratories where methamphetamine is manufactured produce large amounts of toxic waste that is hazardous to law enforcement officials, the community, and the environment. • The precursor chemicals used to produce methamphetamine are relatively inexpensive, widely available, easy to transport, and difficult to regulate. • Many states have enacted legislation aimed at controlling methamphetamine precursor chemicals by regulating the possession of products and chemicals that can be used to manufacture methamphetamine. • The New Mexico State Police estimate that children are present at 30% of the methamphetamine labs that it investigates, and the number of children present at methamphetamine labs nationwide who test positive for toxic levels of chemicals in their systems has been increasing. • The chemicals used for methamphetamine production are highly toxic, and pose the risk of severe short and long-term physical effects for children who are exposed to them. • Children living in homes with methamphetamine labs are also at increased risk for neglect and physical and sexual abuse, and often face hazardous and unsanitary living conditions. • Several states have passed laws that expand child abuse penalties for adults who place children in a location where a methamphetamine lab exists. • Drug Endangered Children (DEC) programs have been created to form multidisciplinary response teams to address the health and safety of children who are present at seized methamphetamine labs. Page 4 Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment Methamphetamine Overview In 1998, General Barry R. McCaffrey, Director of the Office of National Drug Control Policy, stated that methamphetamine had become the United States’ primary drug threat. Over the last five years, the production and abuse of methamphetamine has increased steadily in urban as well as rural areas across the U.S., as illustrated by a rise in the number of methamphetamine seizures, arrests, indictments and sentences. A National Institute on Drug Abuse report from 2002 stated that methamphetamine indicators were the highest in the West and Southwest regions of the country. The production and abuse of methamphetamine leaves in its wake severe health, social, and environmental problems. This report looks at two main issues related to methamphetamine production and abuse, the use of precursor drugs involved in the manufacture of methamphetamine, and the endangerment of children who are exposed to methamphetamine production and abuse. Methamphetamine is a derivative of amphetamine, and is a powerful stimulant that affects the brain and the central nervous system. Methamphetamine can be smoked, snorted, injected, or taken orally in a tablet form, and produces a rush that increases energy and alertness that can last for up to 12 hours. Side effects of methamphetamine use include convulsions, dangerously high body temperature, stroke, cardiac arrhythmia, stomach cramps, and uncontrollable shaking. Chronic use of methamphetamine can result in the user developing a high tolerance for the drug, which can lead to a “binge and crash” cycle as the user attempts to maintain his original high. Methamphetamine is classified as a Schedule II drug under the Controlled Substances Act of 1970, meaning that it has a high potential for abuse, is currently accepted for medical use in treatment in the U.S., and may lead to severe psychological or physical dependence. Approved medical uses include treatment for asthma, narcolepsy, attention deficit disorder, and obesity. Methamphetamine can be easily produced in simple labs using readily available ingredients including over-the-counter drugs and household chemicals that are “cooked” to produce the drug. Methamphetamine precursor chemicals usually include pseudoephedrine and ephedrine drug products. Methamphetamine is primarily made in clandestine drug labs that are portable and are easy to set up and dismantle, which helps manufacturers to avoid law enforcement detection. Locations for methamphetamine production include homes and apartments, motel rooms, rented storage spaces, and cars or trucks. In 1996, 52% of the labs seized by the DEA were located in urban or suburban areas, while 38% were located in rural areas. The production of methamphetamine has severe effects on the environment. The production of one pound of the drug can produce five to seven pounds of toxic waste, which is usually dumped down drains, in fields or yards, or on rural roads by methamphetamine manufacturers, creating a dangerous and expensive clean up problem for the community. The results from the U.S. Department of Health and Human Services 2002 study on drug use and health found that more than 12 million people over the age of 12 (5.3% of the U.S. population) reported methamphetamine use at least once in their lifetime. Page 5 Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment According to the University of Michigan’s 2002 Monitoring the Future study, annual methamphetamine use by secondary school students ranged from 2.2% among 8th graders, to 3.9% among 10th graders, and 3.6% among 12th graders. Methamphetamine trafficking and production has increased as drug trafficking organizations led by Mexican nationals have become the dominant manufacturers and distributors of the drug in the West. Combined with small independent clandestine drug labs, the Drug Enforcement Administration (DEA) reported a 640% increase in seizures of methamphetamine labs in the U.S. over the last five years. In 1999 alone, the DEA seized 1,948 drug labs and state and local law enforcement nationwide seized an additional 4,489 labs. The seizure of clandestine methamphetamine labs in New Mexico has also steadily increased over the last five years. According to the National Clandestine Laboratory Database, 47 methamphetamine labs were seized in New Mexico in 1999, 48 in 2000, 74 in 2001, 109 in 2002, and 130 in 2003 (Chart 1). Chart 1 Meth Labs Seized in New Mexico 1999 - 2003 140 130 120 109 100 80 74 60 47 48 40 Number of Labs Seized 20 0 Year 1999 Year 2000 Year 2001 Year 2002 Year 2003 Source: National Clandestine Laboratory Database Methamphetamine Production and the Use of Precursor Chemicals With the exception of cannabis, every illicit drug requires chemicals to be refined or synthesized into its final, usable form. Methamphetamine can be produced using a number of different chemicals in a variety of ways, the most popular being the ephedrine reduction method. Of the 32 chemicals that can be used to make methamphetamine, one- third of them are extremely hazardous and almost all can be easily obtained through commercial sources. Ephedrine, which is either derived from the ephedra plant or made synthetically, is the most important ingredient in the ephedrine-reduction method because it is just one step away from the final product. Ephedrine is chemically identical to methamphetamine already except for the presence of one extra atom of oxygen, which is Page 6 Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment removed by combining ephedrine with hydriodic acid. In addition, pseudoephedrine, which is contained in over-the-counter cold medicines, can be used as a substitute for ephedrine. Methylsulfonylmethane (MSM) is also used in methamphetamine manufacturing to “cut” methamphetamine and increase the amount of the drug that is produced. MSM is a legitimate dietary supplement used for horses and humans, and is available at feed and livestock stores and in health and nutrition stores. In the first phase of methamphetamine production, ephedrine is combined with red phosphorous and hydriodic acid. Red phosphorous is obtained from computer chips, flares, matchsticks, and fireworks, and is considered to be
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