Methamphetamine in Illinois

Transcription

1 January 2005 Methamphetamine in Illinois ISSUE : 1 Methamphetamine ( meth ) use and abuse has dramatically risen in Illinois over the past decade, particularly in rural areas (ICJIA, 2004). Along with this rise comes a flurry of safety, welfare, and environmental issues, including addiction and the need for treatment, other serious health-related problems, various crimes that may cause victimizations, arrests, incarcerations, and the toxic environmental pollution that is a byproduct of meth production at clandestine labs. Perhaps most alarming is the flood of child safety and welfare issues that go hand in hand with meth production, distribution, and abuse. In light of the rapidly growing threat meth poses to the people of Illinois, state government and law enforcement officials have made fighting this epidemic a top priority. Illinois Attorney General Lisa Madigan recently drafted a bill to regulate the packaging, display, and sale of targeted over-thecounter medications containing pseudoephedrine or ephedrine, key components in the production of meth (Illinois Attorney General, 2004f). The bill was unanimously adopted by the Illinois General Assembly, and on August 8, 2004, Governor Rod Blagojevich signed it into law as the Methamphetamine Manufacturing Chemical Retail Sale Control Act. It took effect on January 1, This document presents the issues and statistics surrounding meth use, production, trafficking, and treatment. It also discusses the drug s unique impact to children and provides an overview of federal and state drug laws pertaining to meth. The Drug Meth is an extremely addictive stimulant. Its effects on the central nervous system are stronger than those of amphetamine (NIDA, 2004), of which meth is a derivative (ONDCP, 2003). Commonly referred to as speed, crank, or ice, meth has also been called chalk, crystal, glass, shabu, zip, pep-pills, and gofast (Illinois Attorney General, 2004g). It exists in pill, powder, liquid, and crystal form, and may be orally ingested, smoked, injected, or snorted (NADIC, 2003). Meth causes the release of high levels of dopamine, a neurotransmitter that stimulates the brain cells responsible for feelings of pleasure (NIDA, 2000). Users experience an intensely pleasurable feeling as a result of using meth, and those who smoke or inject it also report feeling a powerful rush. A meth high can last for up to 12 hours (ONDCP, 2003). Meth has been shown to cause insomnia, increased physical activity, excessive appetite suppression, increased respiration, confusion, anxiety, and aggressiveness. More serious side effects have been shown to result from meth use, like hypertension, stroke, irregular heartbeat, and cardiovascular collapse. Meth-induced convulsions and exceptionally high body temperature can result in death (NIDA, 2004). In 2002, there were 42 emergency department meth mentions in Chicago, compared to 28 meth mentions in 1996 (SAMHSA, 2003). Meth can have serious long-term adverse effects on the brains of chronic users. In addition to increasing the level of dopamine released, meth can damage the dopamine- and serotonin-containing nerve cells (NIDA, 2004). (Serotonin is a neurotransmitter that regulates mood, appetite, and sensory perception (NIDA, 2000).) As many as half of the dopamineproducing cells in the brain and more than half of the serotonin-containing cells may be damaged by long-term meth abuse (ONDCP, 2003). Continued use seems to cause a decrease in dopamine, which can result in symptoms resembling Parkinson s disease (NIDA, 2004). Chronic meth abuse can result in mental health issues including paranoia, visual and auditory hallucinations, and episodes of intense rage that can lead to violent behavior (ONDCP, 2003). 1

2 Trends in Production, Distribution, and Trafficking Meth has surged in availability in many areas including the Midwestern region, due at least in part to its highly addictive nature and the fact that it can be quickly, easily, and cheaply manufactured (Illinois Attorney General, 2004g). Between 1994 and 2003, the amount of meth seized and submitted to the Illinois State Police (ISP) rose from just over 7.5 pounds (3,433 grams) to just over 58.5 pounds (26,597 grams) per year (ICJIA, 2004). One recent estimate placed the street value of one pound of meth to be between $4,000 and $16,000, depending on purity (Arvanitis, 2004). The predominant type of meth available in rural Illinois is locally produced (NDIC, 2002) in independent, clandestine labs in isolated areas where its noxious odor can more easily go undetected. Because of their illegal, clandestine character, these labs are generally dirty and dangerous. Meth manufacturers overwhelmingly don t have the training or know-how to properly handle potentially dangerous chemicals, and because the process is illegal, their first priority is more likely to be avoiding the police and less likely to be focusing on safety or cleanliness. Meth labs pose a hazard not only to those involved in production, but also to the law enforcement officers and first responders reporting to a scene (Illinois Attorney General, 2004h), as well as to children who may live in them or nearby, or whose parents or guardians are involved in meth production, trafficking, or use (Illinois Attorney General, 2004c). Interestingly, the meth available in the Chicago area does not come primarily from these rural Illinois labs but is mainly produced and trafficked by Mexican criminal groups in the southwestern U.S. and Mexico (NDIC, 2002). The most common meth production method in Illinois is called the birch reduction method or Nazi method. This technique utilizes pseudoephedrine or ephedrine from cold medication (Illinois Attorney General, 2004g); anhydrous ammonia, a fertilizer often stolen from farmers and illegally transported in containers like emptied fire extinguisher cylinders, gas cans, plastic milk jugs, or propane grill tanks (Hrenchir, 2001); and lithium extracted from batteries. Another less common production method is called red-p or red phosphorous and utilizes pseudoephedrine or ephedrine, red phosphorus, iodine crystals, and water (Illinois Attorney General, 2004g). The number of clandestine lab seizures has increased statewide. Between 1997 and 2003, the number of illegal meth labs reported seized by the ISP grew from 24 to 971 per year (ICJIA, 2004). The DEA (Drug Enforcement Administration) encountered an additional 128 meth labs in Illinois that were not included in ISP data, so the actual number of meth lab encounters in 2003 reached 1,099 (Illinois Attorney General, 2004f). While the share of urban county lab seizures reported increased from 10 percent in 1997 to 23 percent in 2003, meth production in Illinois remains a predominantly rural problem. Rural county seizures accounted for 75 percent of all meth lab busts during that period (ICJIA, 2004). In October 2002, more meth was seized than heroin or cocaine in almost half of Illinois counties (NIDA, 2002) Nonetheless, there is evidence that meth is migrating into urban areas in the south and central parts of Illinois (Bauer, 2003) and into the city of Chicago and its suburbs. Urban meth consumption is on the rise, but that s not the only urban problem. A common practice known as smurfing refers to manufacturers or members of their circles visiting store after store in unsuspecting urban areas to collect the enormous quantities of cold medication required to make a batch (Main, 2004). (A DEA official recently estimated that around 12,000 pseudoephedrine tablets could produce approximately one pound of meth (Arvanitis, 2003).) Chicago has become a target for smurfing activity because stores are more concentrated (Parker, 2004) and the problem of meth isn t recognized as widely as it is downstate (Illinois Attorney General, 2004a). To combat this problem over the past few years, many large chain retailers had already voluntarily limited the amount of pseudoephedrine or ephedrine medications they would sell to any single buyer. The Methamphetamine Manufacturing Chemical Retail Sale Control Act of 2005 legally mandated such restrictions statewide. 2

3 Trends in Treatment & Admissions Trends in Successful Treatment Meth-specific treatment programs have been developed because traditional drug treatment models have not proven effective in the treatment of persons abusing meth. Of special concern for meth addicts is what has come to be known as the wall, the onset of depression and cravings that can occur generally within 45 to 120 days of starting treatment (Illinois Attorney General, 2004b). Treatment providers have found that because meth addicts typically don t experience the physically fierce symptoms associated with heroin and cocaine withdrawal, they may be less likely to enter detox and remove themselves from the environment in which they were addicted (as cited by Wessol, 2004), leaving them subject to triggers and at risk for relapse. Recovering meth addicts need a stronger outpatient program than is essential for many other drugs. They benefit most from cognitive-behavioral therapy that addresses how they think and how that affects their emotions and behaviors, and prepares them to deal with their own specific triggers. The matrix model is one such model. It involves a process of coaching, educating, supporting, and reinforcing positive behavior change, and it has demonstrated successful treatment for meth addicts and been used to treat several thousand of them. Research has found this treatment to result in a drug-free rate of approximately percent at the end of one year (Sommerfeld, 2001). Services of this type seem to be effective when they are very structured and provide for pre-treatment assessments, small group or individual therapy, and recurrent follow-up contact between the recovering addict and treatment provider (Illinois Attorney General, 2004b). Trends in Treatment Admissions In a recent national survey, more than 12 million people age 12 and older (5.2 percent) reported having used meth at least once in their lifetime. Of those surveyed, 607,000 people age 12 and older (0.3 percent) reported past month use of meth (SAMHSA, 2004). Smoking meth has become the choice method of use in Illinois. Between 1992 and 2002, the proportion of treatment admissions in Illinois reporting that they smoked meth increased from 26 percent to 58 percent (SAMHSA, 2005). The number of admissions for meth treatment in Illinois has been significantly rising for the past 10 years. Between FY 1994 and 2003, the number of statewide admissions increased from 97 to 3,582. The number of urban county admissions rose from 34 to 589 during that period, while the number of rural county admissions rose from 46 to 2,741. Rural county admissions accounted for 77 percent of all meth treatment admissions in Illinois in FY 2003 (ICJIA, 2004). Meth & Children Child Endangerment Perhaps the most distressing outcome of meth use and production is its effects on children who are exposed to it. Meth presents a particularly threatening variety of hazards to children because, unlike most other illicit drugs, it is often manufactured in homes or other areas they frequent. They are subject to a host of threats to their physical and emotional wellbeing. In 2003, the Drug Enforcement Agency s (DEA) El Paso Intelligence Center (EPIC) collected data on meth lab incidents in Illinois. During 2003, EPIC reported 117 Illinois meth lab sites where a child was affected, 39 where a child was exposed to toxic chemicals, and three where a child was injured. EPIC reported that 25 children were placed in protective custody in 2003 as a result of meth lab incidents that year (ONDCP, 2004). The U.S. Department of Justice (DOJ) reports that children exposed to meth production and abuse may be subject to dangerous and unsanitary living conditions. Hazardous vapors and other substances are common in homes that double as meth labs, and needles and other paraphernalia can lead to injury or illness. There is a risk of explosion and fire in the illegal production of meth due to inexperienced handling of volatile hazardous materials. Meth manufacturers may possess firearms or dangerous guard animals. Some safeguard their labs with hazardous explosives or booby traps designed to cause injury. There also may be dangerous electrical hazards resulting from exposed wiring, and poor ventilation resulting from attempts to conceal 3

4 production from the authorities. Because meth can cause parents to sleep for days or exhibit other neglectful behavior, children s living and play areas have been found strewn with garbage, used condoms, dirty dishes, or dirty clothes, and they may be infested with fleas, lice, rodents, or other pests. Plumbing may be nonfunctional as a result of meth cooks dumping harmful chemicals down drains or toilets (Swetlow, 2003). Additionally, studies have shown that children who are raised in meth laboratories may be at increased risk for abuse and neglect. Under the short- and long-term effects of meth, users and addicts may neglect to provide for their children s basic food, shelter, and protection needs or become violent. As a result of the abuse and neglect sometimes found in the covert world of meth production and addiction, exposed children may show signs of having experienced stress and trauma, which can affect their general well-being and lead to behavioral, emotional, and cognitive dysfunction. Children raised in this environment have been found to exhibit troubling behaviors including mental or emotional problems, delinquency, teen pregnancy, poor social skills, and criminal or violent behavior, to name just a few (Swetlow, 2003). Child Protection The DOJ report further discusses steps that have been taken toward protecting children who have been exposed to meth production and abuse, and highlights their unique needs. The services of trained professionals who can provide immediate services in response to the health and safety needs of children should be available to officials who respond to meth lab sites. Follow-up physical, mental, and emotional health plans should be put in place and implemented for the benefit of exposed children (Swetlow, 2003). DEC (drug endangered children) programs around the country involve close collaboration among government agencies in determining procedures for working together and keeping records of child endangerment conditions in seized meth labs. Identifying the particular needs of children exposed to meth, ISP and DCFS (Department of Children and Family Services) signed off in 2003 on a procedure for managing the children who are endangered by meth in Illinois (Illinois Attorney General, 2004d). Current Meth Laws Federal Meth Laws The Controlled Substance Act of 1970 designated meth as a schedule II drug, which means it has high potential for abuse and may lead to severe psychological or physical dependence. The Comprehensive Methamphetamine Control Act of 1996 restricted chemicals used in the production of meth, increased the consequences for producing and distributing meth and the chemicals used to manufacture it, and broadened the restraints on products containing ingredients used in production (pseudoephedrine and ephedrine). The Methamphetamine Anti-Proliferation Act of 2000 made sentencing guidelines stronger, provided training on the handling of clandestine lab chemicals and meth investigations for federal and state law enforcement officers, expanded the controls on chemical ingredients used in meth production, and broadened efforts toward substance abuse prevention (ONDCP, 2003). Illinois Meth Laws In addition to state statutes regulating various controlled substances including meth, and in addition to an assortment of state child endangerment and neglect statutes, there are a number of Illinois laws that relate more specifically to meth. For a list of some current Illinois laws, see the Appendix. Conclusion Meth use and abuse continues to be a growing problem in Illinois, negatively affecting the health and well-being of users and abusers, children, firstresponders and law enforcement, and victims of meth-related crimes. For a variety of reasons, meth remains principally a rural drug, and in Illinois, it is the only drug resulting in more seizures and treatment admissions in rural areas than urban areas (ICJIA, 2004). Though treating meth addiction has proven particularly challenging, successful treatment strategies are being studied and advanced. State legislators have become increasingly aware of the growing threat posed by meth to the people of Illinois and have continued enacting legislation designed to curb its destructive spread and protect those affected by its use and manufacture. 4

5 Prepared by TASC, Inc. TASC, Inc. is an independent, statewide, nonprofit agency that provides case management for clients who are mandated to substance abuse treatment by public systems (e.g. corrections, criminal justice, child welfare, TANF). TASC serves more than 30,000 clients in Illinois each year. For more information visit. References Arvanitis, John, Assistant Special Agent in Charge, Detroit Division Office, Drug Enforcement Administration. (20 April, 2004). Northern Ice: Stopping Methamphetamine Precursor Chemical Smuggling Across the U.S. Canada Border. Testimony before the U.S. House of Representatives, House Committee on Government Reform, Subcommittee on Criminal Justice, Drug, and Human Resources. Retrieved January 13, 2005, from UploadedFiles/John%20Arvanitis.pdf. Bauer, Robert W. (2003). Methamphetamine in Illinois: An examination of an emerging drug. Illinois Criminal Justice Information Authority Research Bulletin, Vol. 1, No. 2. Retrieved December 17, 2004, from Hrenchir, Tim. (7 January, 2001). Farms hold ingredient for meth. Topeka Capital-Journal Online. Retrieved December 28, 2004, from _com_meth.shtml. Illinois Attorney General. (2004a). Every Illinoisan has stake in fighting spread of meth, new law to help curb drug effective January 1, [Press release]. Retrieved December 14, 2004, from Illinois Attorney General. (2004b). Fighting Meth, Addiction and Treatment. Retrieved January 5, 2005, from Illinois Attorney General. (2004c). How Meth Endangers Children. Retrieved December 17, 2004, from Illinois Attorney General. (2004d). How to Protect Children From Meth. Retrieved December 17, 2004, from Illinois Attorney General. (2004e). Illinois Laws on Meth. Retrieved December 22, 2004, from Illinois Attorney General. (2004f). Madigan says groundbreaking new law makes Illinois a leader in battle to curb production of methamphetamine, [Press release]. Retrieved December 14, 2004, from Illinois Attorney General. (2004g). Meth Basics. Retrieved December 17, 2004, from Illinois Attorney General. (2004h). Meth Evils. Retrieved December 17, 2004, from Illinois Criminal Justice Information Authority. (2004). Just the Facts: Special Projects Methamphetamine. Retrieved December 9, 2004, from index.cfm?metasection=data&metapage=jtf_specproj_meth. 5

6 Main, Frank. (24 November, 2004). Making meth will get harder in Illinois. Chicago Sun Times. Retrieved December 20, 2004, from National Drug Intelligence Center. (2002). Methamphetamine. Illinois Drug Threat Assessment Update. Retrieved December 17, 2004, from National Institute on Drug Abuse. (2000). The Brain: Understanding Neurobiology Through the Study of Addiction, Glossary. NIH Pub. No Bethesda, MD: NIDA, NIH, DHHS. Retrieved December 21, 2004, from glossary/glossary.htm#ae. National Institute on Drug Abuse. (2002). Advance Report. Retrieved January 13, 2005, from National Institute on Drug Abuse. (2004). Methamphetamine. Retrieved December 16, 2004, from Nebraska Alcohol and Drug Information Clearinghouse. (2003). Facts About Methamphetamine. Retrieved December 23, 2004, from Office of National Drug Control. (2003). Methamphetamine. Drug Information Clearinghouse Fact Sheet. Retrieved December 16, 2004, from Office of National Drug Control. (2004). State of Illinois. Profile of Drug Indicators. Retrieved December 22, 2004, from Parker, Molly. (29 January, 2004). Meth fear cuts cold-pill access. Chicago Tribune, RedEye Edition. Retrieved December 23, 2004, from htm. Sommerfeld, Julia. (2001). Beating an addiction to meth. Researchers zero in on brain effects, treatment approaches. MSNBC. Retrieved on January 13, 2005, from Substance Abuse and Mental Health Services Administration. (2003). Emergency Department Trends From the Drug Abuse Warning Network, Final Estimates , DAWN Series: D-24, DHHS Publication No. (SMA) Office of Applied Studies. Rockville, MD. Substance Abuse and Mental Health Services Administration. (2004). Results From the 2003 National Survey on Drug Use and Health: National Findings (Office of Applied Studies, NSDUH Series H-25, DHHS Publication No. SMA ). Rockville, MD. Substance Abuse and Mental Health Services Administration. (2005). Smoked Methamphetamine/ Amphetamines: The DASIS Report. January 2, Office of Applied Studies. Retrieved January 13, 2005, from Swetlow, Karen. (2003). Children at Clandestine Methamphetamine Labs: Helping Meth s Youngest Victims. OVC Bulletin. U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime. Retrieved December 22, 2004, from bulletins/children/ pdf. Wessol, Shay. (26 July, 2004). Meth: a new crisis in Southwest Virginia. The Roanoke Times. Retrieved January 5, 2005, from 6

7 Law Number Title Summary C o n t r o l l e d S u b s t a n c e O f f e n s e s 720 ILCS 570/ ILCS 570/ ILCS 570/ ILCS 570/411.3 Manufacture or Delivery Unauthorized by Illinois Controlled Substances Act Permitting Unlawful Use of a Building Delivery of Controlled, Counterfeit, or Look-Alike Substances; Persons Under 18; Truck Stops or Safety Rest Areas; School Property; and Places of Religious Worship Methamphetamine Restitution Prohibits the 1) manufacture or delivery, or possession with the intent to manufacture or deliver, of a controlled or counterfeit substance or controlled substance analog; and 2) possession of any listed methamphetamine manufacturing chemical or the salt of an optical isomer of methamphetamine or an analog thereof with the intent to manufacture methamphetamine. Prohibits a person who controls any building from knowingly granting, permitting, or making it available for use for the purpose of unlawfully manufacturing or delivering a controlled substance. Prohibits 1) an adult (18 years or older) from delivering a controlled, counterfeit, or look-alike substance to a child (under 18 years); 2) an adult from manufacturing, storing, or preparing to manufacture meth, meth ingredients, or meth waste in a vehicle or on property where a child resides, is present, or is otherwise endangered by exposure to meth, meth ingredients, meth waste, or the meth manufacturing process; and 3) delivering or possessing with intent to deliver a controlled, counterfeit, or look-alike substance in, on, or within 1,000 feet of A) a truck stop or safety rest area, B) school property, C) public housing agency residential property; D) church or synagogue property, or the property of other places of religious worship, and E) nursing home, assistedliving center, senior citizen housing complex, or senior center property. When a person is convicted of an offense involving the manufacture of meth or possession of a meth manufacturing chemical, and it requires an emergency response, the person convicted of the offense shall be required to make restitution to all public entities involved in the emergency response and cover the reasonable cost of their participation. 7

8 Law Number Title Summary 720 ILCS 602 Ephedra Prohibition Act Prohibits the sale or offering for sale of any dietary supplement containing ephedra or ephedrine alkaloids to any person located within the State or to any person making the purchase from within the State. 720 ILCS 647 Methamphetamine Manufacturing Chemical Retail Sale Control Act Restricts the packaging, display, and sale of targeted meth manufacturing chemicals and targeted over-the-counter cold medications that include key ingredients used in the illegal manufacture of meth (pseudoephedrine and ephedrine). Mandates training and certification for all retail sales personnel. B o d i l y H a r m O f f e n s e s 720 ILCS 5/ ILCS 5/ ILCS 5/ Endangering the Life and Health of Emergency Service Provider; Drug- Related Child Endangerment Aggravated Drug- Related Child Endangerment Criminal Housing Management Prohibits endangering the life and health of 1) an emergency service provider by causing death, great bodily harm, disability, or disfigurement as a result of entering a structure containing a clandestine drug laboratory; and 2) a child by knowingly exposing the child to a clandestine drug laboratory environment. Prohibits endangering the life and health of a child by knowingly exposing the child to a clandestine drug laboratory environment when it results in the child experiencing death, great bodily harm, disability, or disfigurement. Prohibits a person who manages or controls residential real estate from recklessly permitting the physical condition or facilities to become or remain in any condition that endangers the health or safety of any person. P r o p e r t y O f f e n s e s 720 ILCS 5/ Anhydrous Ammonia Equipment, Containers, and Facilities Prohibits the 1) unlawful tampering with anhydrous ammonia equipment, containers, or storage facilities, which occurs when any person not authorized by the owner of the anhydrous ammonia, equipment, storage containers, or storage facilities transfers or attempts to transfer anhydrous ammonia to another container, causes damage to the equipment, storage container, or storage facility, or vents or attempts to vent anhydrous ammonia into the environment; 2) transport of anhydrous ammonia in a portable container if it is not a package authorized for anhydrous ammonia transportation as defined in rules adopted under the Illinois Hazardous Materials Transportation Act. 8

9 Law Number Title Summary E n v i r o n m e n t a l O f f e n s e s C i v i l 415 ILCS 5/9 Prohibited Acts, Air Pollution Prohibits 1) causing, threatening, or allowing the discharge or emission of any contaminant into the environment in any State that causes or tends to cause air pollution in Illinois, either alone or in combination with contaminants from other sources, or so as to violate regulations or standards adopted by the Board under the Environmental Protection Act; 2) the construction, installation, or operation of any equipment, facility, vehicle, vessel, or aircraft capable of causing or contributing to air pollution or designed to prevent air pollution without a permit granted by the Agency or in violation of any conditions imposed by such permit. 415 ILCS 5/ ILCS 5/ ILCS 30/11 Prohibited Acts, Water Pollution Prohibited Acts, Land Pollution and Refuse Disposal Civil Penalty, Hazardous Materials Transportation Act Prohibits 1) causing, threatening, or allowing the discharge of any contaminants into the environment in any State that causes or tends to cause water pollution in Illinois, either alone or in combination with matter from other sources, or to violate regulations or standards adopted by the Pollution Control Board under the Environmental Protection Act; 2) the construction, installation, or operation of any equipment, facility, vessel, or aircraft capable of causing or contributing to water pollution or designed to prevent water pollution without a permit granted by the Agency or in violation of any conditions imposed by such permit. Prohibits 1) causing or allowing the open dumping of any waste; 2) abandoning, dumping, or depositing of any waste upon the public highways or other public property, except in a sanitary landfill approved by the Agency pursuant to regulations adopted by the Board. Prohibits the knowing commitment of an act that is a violation of the Hazardous Materials Transportation Act or any rule or regulation issued under this Act. O t h e r C i v i l M e a s u r e s 765 ILCS 705/5 Felony by Lessee or Occupant When the lessee or occupant and the owner or owner s assignee have executed a lease addendum for drug-free housing, this amendatory Act of 1995 enables a lessor or lessor s assignee to void a lease or contract of any lessee or occupant who is charged with having committed a Class X felony on the premises during the term of lease or contract. The owner or owner s assignee may post written notice requiring the lessee or occupant to vacate the premises within five days. The owner or lessor may bring a forcible entry and detainer action. 9