“There was panic in the parlours and howling in the halls,
There was crying in the cow-sheds and shrieking in the stalls”
From Mr. Toad’s song in “Toad of Toad Hall”
The above passage by A. A. Milne reminds me of our state government whenever the subject of controlling meth labs comes up. In 2005, the meth lab panic caused our legislature to put Sudafed behind the druggist’s counter. This bold move was going to deny meth lab chemists their magic ingredient.
Well, if one stupid law doesn’t do the trick, then it’s time to invoke “double secret probation.”
In the just-completed 2011 session, the legislature went all out. HB2946 made Sudafed (and several related over-the-counter medicines) a Schedule III drug which can only be prescribed by a physician. The bill passed the House with a large majority. The Senate deadlocked in a tie. Double secret probation failed.
Let’s pause for a moment and consider some common sense. Doctors are busy. Doctors don’t have the time to prescribe FDA-approved, over-the-counter medicines to everyone who gets the sniffles. But if they did have the time, they would charge for an office visit and examination.
Those who argued in favor of HB2946 would have you believe that doctors would call in a prescription for Sudafed whenever asked. The logic of this defense fails because the doctor is no longer writing a prescription for over-the-counter Sudafed. Under HB2946, the doctor would be prescribing a Schedule III drug, and it is terribly naïve to expect a doctor to “call it in.”
Politicians favoring HB2946 were quick to blame Big Pharma for lobbying against the bill. Big Pharma was accused of wanting to sell drugs above all else. While Big Pharma’s motives are just that, I still believe that Big Pharma was on the right side in this debate.
When the legislature first voted to control the sale of Sudafed in 2005, the noble body was treating all Sudafed buyers as if they were meth lab operators or suppliers. Think about it. All Sudafed consumers were restricted to buying 3 packs of pills per month; the only reason being is that such a limit would deny meth labs of a needed chemical.
You want Sudafed? Then, you’re guilty of something. And the beauty (in the state’s eyes) is that the state doesn’t even have to make a case against you. The state restricted Sudafed because the state said it will end up in a meth lab and that’s that.
Airline passengers are now presumed to be smugglers or underwear bombers. Hence, everyone boarding a plane has to submit to an unreasonable, and humiliating, search.
Schoolchildren are presumed to have contraband or weapons on their person or in their lockers. Hence, schools are locked down, police sometimes patrol the hallways, and pity the poor child that has medicated cough drops without permission of the US Surgeon General.
Did you know that the Combat Methamphetamine Epidemic Act of 2005 is Title VII of the anti-terrorism USA PATRIOT Act? Of course you don’t. Who has time to read the USA PATRIOT Act, a law that strips away our constitutional rights when it comes to illegal searches, illegal wiretaps, and any other form of illegal police snooping.
During the debate on HB2946, did you ever hear the Combat Methamphetamine Epidemic Act of 2005 mentioned? Of course you didn’t. Who wants to be reminded of another law that failed to win a single battle in the War on Drugs? If we keep being reminded of failed drug laws, then we might lose faith in our government.
So let me see if I understand this. The state wants to control meth labs. The 2005 West Virginia law failed to do that. The federal USA PATRIOT Act failed to do that. The federal Combat Methamphetamine Epidemic Act of 2005 failed as well. But this time is different; if only doctors can prescribe Sudafed in West Virginia, then the problems of meth labs will go away.
Yes, that all sounds logical to me.
Consider this: The US Army occupies Afghanistan but is ordered to ignore the poppy fields and heroin crop. In February, three people in Harrison County died from heroin overdoses. And our state legislature is focused on Sudafed?
The road to Hell is paved with good intentions. And along the way, the billboards all bear the same message: “There Ought To Be a Law.”
