On the final day of the 2005 Legislative session, Assembly Minority members claimed a major victory with the impending passage, by the Senate and Assembly, of legislation to aggressively attack the growing problem of methamphetamine (meth) production and abuse in New York State.

Assembly Minority Leader Charles H. Nesbitt (R,C,I-Albion) said, "In January of this year, Assembly Minority members began a public awareness campaign focused on the dangers of meth and the need for comprehensive statewide laws to combat this growing menace. As the production and use of the drug has steadily risen over the past five years in New York, we have seen more and more evidence of the devastation that results. Individual lives are ruined, families are torn apart, and law enforcement officials are put at risk. Today’s legislation will help to stop the spread of this insidious drug within our state before it reaches epidemic levels as it has in the Midwest."

New York is currently the only state in the nation that doesn’t make the manufacture of meth a felony. The highly addictive drug, which can be produced cheaply using a variety of common household products, had largely been under the radar screen until Assembly Minority members put it in the spotlight during a series of public hearings hosted around the state earlier this year.

The measures that are expected to receive final legislative approval today will establish a stronger state policy against the operation of illegal methamphetamine labs by creating three new felony offenses ranging from class D to class B for unlawful production of methamphetamine. The new law will also increase penalties for the theft of anhydrous ammonia, the pressurized corn fertilizer used in a popular meth recipe. Further, the measure will increase penalties for persons who threaten public safety and our environment by carelessly disposing of dangerous meth ingredients.

Assemblywoman Dierdre "Dede" Scozzafava (R,C,WF,I-Gouverneur), ranking Minority member on the Assembly Codes Committee, said, "This drug affects every community, both urban and rural. Jefferson County, which I represent, is a hotbed of meth production, but the actual product made there may be sold anywhere in the state. Since both production and use are extremely dangerous, this legislation is important to every New Yorker."

Assemblyman Jim Bacalles (R,C-Corning) said, "The meth problem began on the West Coast, and has left a trail of destruction as it has made its way across the country. Now, it has reached New York, and in the Southern Tier, particularly, we have seen the results first-hand and all too often. This new law will specifically target those who operate meth labs and will shut them down, protecting first responders, law enforcement officials and our families."

Assemblyman Thomas O’Mara (R,C-Horseheads) said, "In Bradford County, Pennsylvania - just south of my district - two Sheriff’s Deputies were killed while trying to execute a methamphetamine-related warrant last year. Pennsylvania and other surrounding states have responded to the growing threat of the drug by adopting tough laws to combat meth. In the absence of strict laws however here in New York, methamphetamine users and manufacturers have flocked to our state, particularly to the Southern Tier. Chemung and Tioga Counties alone account for more than 25 percent of total meth lab seizures in this state. With this measure, New York will be better equipped to prevent such tragedies from happening here and to get the message out that meth manufacturers are not welcome in our state."

Assemblyman Pat Manning (R-East Fishkill), Chairman of the Assembly Minority Steering Committee, which organized the meth hearings, said, "The comprehensive legislation that we are acting on today will put clandestine meth ‘kitchens’ out of business and punish the ‘cooks’ who produce this insidious drug. Combined with an educational campaign to inform young people, retailers and all New Yorkers about the dangers of meth, and stronger penalties for theft of the pressurized fertilizer used in a popular meth ‘recipe,’ these new laws will go a long way toward stopping the menace of meth in its tracks."

The legislation passed the Senate earlier today. Governor Pataki is expected to sign the measure into law. Specifics of the legislation are as follows:

AGREED UPON LEGISLATION COMBATING METH

• Creates the crime of Unlawful Manufacture of Methamphetamine for persons who possess meth lab equipment and meth ingredients with the intent to make the drug - a class D felony, punishable by up to seven years in prison;

• Possession of methamphetamine precursors and solvents, such as pseudoephedrine, with intent to produce meth will be punishable by a class E felony carrying a sentence of up to 4 years;

• Theft or possession of anhydrous ammonia with the intent to manufacture methamphetamine will be a class E felony;

• Manufacture of meth in the presence of a child under 16 will be punishable by a class C felony carrying a term of up to 15 years;

• Persons with a previous conviction of manufacturing meth that commit the same offense in the presence of a child will be punished with a class B felony, a maximum term of 25 years;

• Persons who knowingly dispose of dangerous meth lab materials, which often create a substantial risk to human health or safety to the environment, will face a class E felony;

• The state Department of Health will develop a program to inform and educate retailers about the problems of meth;

• A statewide database of discovered meth labs will be established and maintained by the State Police, and

• A methamphetamine awareness and educating program will be created by the Office of Alcohol and Substance Abuse Service.