FINAL BILL REPORT

                  SSB 5191

                         PARTIAL VETO

                           C 71 L 97

                      Synopsis as Enacted

Brief Description:  Increasing penalties for methamphetamine crimes.

Sponsors:  Senate Committee on Law & Justice (originally sponsored by Senators Goings, Roach, Haugen, Schow, Oke, Winsley and Rasmussen).

Senate Committee on Law & Justice

House Committee on Criminal Justice & Corrections

Background:  Methamphetamine is a dangerous and powerful stimulant that has become the cheapest and most available drug in the western states.  Among the manifestations that can follow the use of methamphetamine are aggression, paranoia, and increased levels of violence.  Not only are the users of methamphetamine affected adversely by its use, but the psychological and physical reactions of the users pose a serious threat to innocent bystanders, as well as the law enforcement officers who have to deal with this problem.

Another major problem is that the production of the drug is cheap and easy, but extremely dangerous.  And the danger does not stop after the production has ceased.  The chemical combinations used in the manufacture of methamphetamine are highly toxic and the costs of cleanup can be a significant and unexpected burden on a community in which a production lab has been operating.

The current maximum penalty for manufacturing, delivering or possession with intent to manufacture or deliver methamphetamine is ten years in prison and a fine of $50,000 for each kilogram involved when the amount is two or more kilograms.

The current maximum penalty for possession of ephedrine or pseudoephedrine with the intent to manufacture methamphetamine is ten years in prison and a $25,000 fine.

Summary:  It is a most serious offense for purposes of sentencing under the persistent offender statute to manufacture, deliver, or possess with intent to manufacture or deliver, methamphetamine.

It is a most serious offense for purposes of sentencing under the persistent offender statute to possess ephedrine or pseudoephedrine with the intent to manufacture methamphetamine.

When a person is convicted of either of these crimes, $3,000 of the maximum fine allowed may not be suspended.  The first $3,000 of fine money collected from the defendant must be given to the law enforcement agency that has responsibility for cleanup of the laboratories or substances used in the manufacture of methamphetamine.  The money given to the law enforcement agency must be used for cleanup costs.

Votes on Final Passage:

Senate 46 0

House     98 0

Effective:  July 27, 1997

Partial Veto Summary:  The Governor vetoed the section that makes it a most serious offense for purposes of sentencing to manufacture, deliver, or possess with intent to manufacture or deliver, methamphetamine, or possess ephedrine or pseudoephedrine with intent to manufacture methamphetamine.