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Easley Gets Tough On Meth Producers
By Scott Nicholson
N.C. Gov. Mike Easley signed a bill that may make local
meth cooks think twice.
Fueled by largely by Watauga County officials and voters,
the law toughens sentences for illegal methamphetamine
production.
Mary South, the mother of former Deep Gap firefighter
Darien South, mounted a petition drive last year asking
for tougher sentences and for additional penalties for
those whose illegal labs led to injuries to emergency
responders and police.
South delivered more than 2,700 signatures to the General
Assembly and also stayed in contact with the Attorney
Generals office as the legislation wound its way
through various committees. She and Darien even spoke
to a senate judiciary committee about their experiences
and addressed a regional methamphetamine summit in Rowan
County. Mary also spoke to leaders of the House and Senate
about the bill, which passed unanimously.
I am thrilled its finally been passed,
Mary said. Shed received a email this week from
the General Assembly notifying her of the bills
passage.
Darien was a volunteer member of the Deep Gap fire Department
when he responded to a fire in Holy Hills Jan. 26, 2003.
He opened an access panel to see if flames were smoldering
beneath the floor, he said, when a blast of chemical gas
rushed over his face. He was transported to the hospital,
suffering respiratory failure. He has since been unable
to work, suffering diminished lung capacity and enduring
several surgeries.
Hes not going to get any better, Mary
said. Hes stabilized, hopefully. I dont
think hes ever going to recover what he lost, but
hopefully the damage has stopped getting worse.
The owner of the meth lab that led to Dariens injuries
received 20 to 24 months in prison after being convicted
of manufacturing meth and possessing illegal precursor
chemicals. A charge of assault with a deadly weapon inflicting
serious injury was returned with a not guilty
verdict by a jury.
Prosecutors have complained that the existing meth laws
gave them few tools to keep meth makers in prison, and
the defendants often turned immediately back to making
the drug once they hit the street.
Mary said she learned that other counties across the state
werent aware of the dangers of meth labs, nor of
their growing proliferation. She wrote to all 100 county
commissions, asking them to sign resolutions supporting
tougher laws.
Im hoping that will come about all across
North Carolina, Mary said. I think public
awareness needs to be there.
She believes the new law, as well as the recent establishment
of a regional methamphetamine task force based in Boone,
will send a message to illegal drug makers.
This will let them (meth manufacturers) know were
not going to tolerate it, she said.
The new law takes effect on Dec. 1 and covers several
different areas. Unlawful meth distribution that results
in a death triggers a charge of second-degree murder.
If a child is present at the site of an illegal meth lab,
then prosecutors can present that as an aggravating factor
at a trial.
Illegal manufacture of methamphetamine will become a Class
C felony, up from a Class H felony. Depending on various
mitigating or aggravating factors, a conviction could
lead to a prison sentence of up to 17-and-a-half years.
Possession of precursor chemicals used in illegal meth
production will be Class F felony, up from the current
Class H, carrying a sentence of nearly four years in prison.
Such chemicals include acetone, chloropseudoephedrine,
hydrochloric acid, toluene and other substances found
in a number of household products, including cold medicine.
Many stores have computer tracking software or set suspect
products behind the counter so their purchase can be monitored.
Law officials report that meth makers often use teenagers
as mules to buy the products in an effort
to avoid suspicion.
Any store joining a Methamphetamine Watch Program through
the N.C. Department of Justice will be immune from prosecution
or liability if they act in good faith and cooperate with
investigators if they unknowingly sell products used in
a meth lab.
Beginning in 2005, the state department of Health and
Human Services will be required to establish standards
for decontamination of former meth labs, which are often
residential houses. The propertys owner will be
compelled to comply with those standards.
If a meth lab causes serious injury to a law enforcement
officer, probation officer, parole officer, emergency
medical services employee or a firefighter, then 24 months
will be added to any subsequent sentence.
Last year, 18 injuries were reported among people responding
to meth lab fires or conducting investigations. Darien
was the most seriously injured among them. Mary said in
a May interview, We owe it to our law enforcement
officers, our emergency personnel and our fire fighters
to do all we can to see this doesnt happen again.
Last year, there were 177 meth lab busts in North Carolina,
up from nine in 1999. Thirty-four of those were in Watauga
County.
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