House approves restrictions on cold medicine

BOISE – Cold medicine containing pseudoephedrine could soon be put behind the counter, with some sold only by a licensed pharmacist, under legislation that passed the Idaho House of Representatives Monday.

Sponsors of HB 272 cited the need to curtail the production of methamphetamine, which they say has become a scourge on the state. Pseudoephedrine, sold under brand names such as Sudafed and Sinutab, is a key ingredient in the cooking of the illegal drug.

“If we don’t do it now, more people will be hurt, more people will be victims,” said Rep. Mike Mitchell, D-Lewiston, one of four sponsors of the measure.

But opponents of the bill, which passed on a narrow 36-32 vote and now moves to the Senate, said all Idahoans will be unnecessarily affected by making it more difficult to get the cold medicine – not just meth makers. Retailers and pharmacists have been outspoken in their opposition to the legislation.

“The intent is pure, but the means are absolutely skewed,” said Rep. Jim Clark, R-Hayden Lake, one of six North Idaho lawmakers who voted against it.

The bill bans the purchase of more than nine grams of pseudoephedrine in a 30-day period. People would have to show ID and sign a log to buy the drug from a pharmacist. Liquid and gel-cap forms of the cold medicine, which can’t be used to make meth, would still be sold over the counter.

Several lawmakers said the bill goes too far.

“This bill targets everybody,” said Rep. Phil Hart, R-Athol. “…We don’t want to be overly oppressive to citizens.”

Opponents said people in rural areas will be at a disadvantage if the legislation passes.

“In rural Idaho, the difference between a convenience store and a pharmacy could be 80 miles,” said Rep. Cliff Bayer, R-Boise. “That’s not a stretch at all.”

But Mitchell said only pure pseudoephedrine would be moved to a pharmacy. Multi-symptom cold remedies that contain other drugs along with pseudoephedrine could still be sold in stores, as long as they’re kept behind a counter.

“The convenience store will still have the same products,” Mitchell said.

Other backers said the benefit outweighs any potential inconvenience.

“This is not about retail merchants, it’s about doing the right thing,” said Rep. Richard Wills, R-Glenns Ferry. “We can no longer sit by and say it’s not an insidious disease. It’s killing our people.”

But Bayer said the meth situation in Idaho is improving, so a drastic measure isn’t needed. The number of meth labs raided has decreased by 70 percent over the past few years. And close to 90 percent of all meth comes from out of state, he said.

“Retailers recognize the situation,” Bayer said. “…The problem is theft.”

Clark said there’s no means of making sure the stores comply with the bill. During his debate, he picked up his desk phone and pretended to speak with Kootenai County Sheriff’s Capt. Ben Wolfinger.

“The Kootenai County sheriff just asked me, ‘How is this going to be enforced?’ ” Clark said half-jokingly.

Wills, a former Idaho state trooper, didn’t find Clark’s stunt funny.

“The sheriff’s association supports this bill,” he said. “The person you said you were speaking with isn’t even a sheriff.”