Order Code RS22325
November 17, 2005
CRS Report for Congress
Received through the CRS Web
Methamphetamine: Legislation and Issues in
the 109th Congress
Celinda Franco
Specialist in Social Legislation
Domestic Social Policy Division
Summary
Illicit methamphetamine (MA) production and use are longstanding and severe
problems in some states. In recent years they have spread increasingly widely, emerging
as an object of heightened federal concern. During the 109th Congress, over twenty-five
bills have been introduced to address the MA problem. MA abuse has implications for
public health, child welfare, crime and public safety, border security, and international
relations. This report provides a brief overview of MA abuse, production, trafficking,
and of the federal methamphetamine-specific programs, and legislation that is being
actively considered by the 109th Congress. This report will be updated to reflect future
legislative activity.
Background
Methamphetamine (MA), a drug of the amphetamine group, is a powerful and
addictive central nervous system stimulant. Originally used as a nasal decongestant and
bronchiodialator, MA has been marketed under the trade names Methedrine® and
Desoxyn® since the 1940s. MA is currently used to treat medical conditions, including
narcolepsy, attention deficit disorder/attention deficit/hyperactivity disorder
(ADD/ADHD), and obesity.
Illicit MA production and use are longstanding and severe problems in some states,
and there are indications that MA abuse may be rising.1 While abuse of this drug may
vary by region of the country, MA use has spread to every state, despite being more
pervasive in the West and Midwest than in the Northeastern part of the country.2
Methamphetamine can be administered orally, nasally, by injection, and, in the powder
1 U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services
Administration, Office of Applied Statistics, National Survey on Drug Use and Health Report,
September 16, 2005.
2 National Institute of Justice, Drug and Alcohol Use and Related Matters Among Arrestees,
2003, 2004.
Congressional Research Service ˜ The Library of Congress

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form that resembles granulated crystals, often referred to as “ice,” by smoking.3 MA can
cause convulsions, stroke, cardiac arrhythmia, and hyperthermia. Chronic use can lead
to irreversible brain and heart damage, psychotic behavior including paranoid ideation,
visual and auditory hallucinations, and rages and violence. Withdrawal from the drug can
induce paranoia, depression, anxiety, and fatigue.4
The issue before the Congress is how to address the problem of illicit MA use and
its production in clandestine labs. Among some options, Congress is considering
legislation that would further regulate MA precursor chemicals, enhance penalties for
drug trafficking, or increase funding for MA-specific state and local law enforcement
programs.
Sources of Illicit Methamphetamine
According to the Drug Enforcement Agency (DEA), most illicit MA available in the
U.S. is produced in laboratories located in Mexico or California, that is then distributed
across the country using existing drug trafficking routes. DEA estimates that between 65-
80% of all MA consumed in the U.S. is smuggled into the country from Mexico.5
MA Precursor Chemicals. The precursor chemicals necessary for producing MA
are ephedrine, pseudoephedrine, or phenylpropanolamine,6 which are commonly found
in over-the-counter (OTC) cold and sinus medicines that have legitimate uses, and are
easily available in retail quantities from any drug store. These MA precursor chemicals
are regulated (see below), yet the possibilities for criminal diversion exist and have been
aggressively exploited by illicit MA producers.
Clandestine “Super” Laboratories. As noted above, most illicit MA available
in the U.S. is produced in large clandestine laboratories in Mexico and California.7 In
these large labs, known as “super labs,”8 MA is produced by persons linked to established
drug trafficking organizations (DTOs). These super labs most often obtain the precursor
chemicals they need to produce MA in wholesale quantities on the international market.
According to DEA, much of the MA precursor chemical, pseudoephedrine, is either
purchased by the DTOs from one of seven chemical companies in Europe, Asia, and the
Far East and smuggled into Mexico and the U.S., or diverted from legitimate sources.
3 U.S. Department of Justice, Drug Enforcement Agency, Methamphetamine and Amphetamines,
Fact Sheet, available at [http://www.dea.gov/concern/meth_factsheet.html], accessed on
November 15, 2005.
4 U.S. Executive Office of the President, Office of National Drug Control Policy,
Methamphetamine, Fact Sheet available at [http://www.methresources.gov/], accessed on
November 15, 2005.
5 Ibid.
6 For example, pseudoephedrine is an active ingredient in products like Sudafed, Actifed, NyQuil,
and Claritin-D.
7 U.S. DOJ, DEA, Methamphetamine Brief, accessed on November 15, 2005, available online
at [http://www.usdoj.gov/dea/concern/meth_factsheet.html].
8 A “super lab” is one that is capable of producing 10 pounds or more of MA per production
cycle.

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Small Clandestine Labs. The smallest of the domestic labs are those commonly
referred to as “mom-and-pop” labs that can be set up in home kitchens, motel rooms, or
other similar spaces, and produce MA with pseudoephedrine exclusively from retail
stores. These small labs produce illicit MA using one of several relatively simple
methods. The methods most commonly used are ones that use OTC cold medicines
containing pseudoephedrine, and other ingredients including acetone, hydrochloric acid,
sodium hydroxide, ether, anhydrous ammonia, cat litter, antifreeze, and drain cleaner.
Current Law
Methamphetamine is a Schedule II drug under the Controlled Substances Act of 1970
(CSA).9 Under the CSA (21 U.S.C. §801 et seq.), penalties for MA vary by the amount
an individual is in possession of when arrested and can include a fine and a mandatory
minimum sentence. The CSA has evolved over the years as the scope of the act was
expanded to include regulation of chemicals used in the illicit production of a controlled
substance.10 Precursor chemicals used to produce MA were brought under CSA control
by the Comprehensive Methamphetamine Control Act of 1996 (MCA), which also
increased penalties for the trafficking and manufacturing of MA and its precursor listed
chemicals, and expanded the controls on products containing the licit chemicals
ephedrine, pseudoephedrine, and phenylpropanolamine (PPA). The Methamphetamine
Penalty Enhancement Act of 1998 lowered certain quantity thresholds for mandatory
minimum trafficking penalties. The Methamphetamine Anti-Proliferation Act (MAPA)
of 2000 reduced the thresholds for single OTC purchases of pseudoephedrine and
phenylpropanolamine products to 9 grams and required the use of “blister packs” for
products of more than 3 grams of pseudoephedrine. MAPA also strengthened sentencing
guidelines, provided training for federal and state law enforcement officers handling
chemicals from clandestine MA labs, and expanded substance abuse prevention efforts.
Federal Programs11
Many agencies and bureaus within DOJ are involved in addressing the issue of illicit
MA. Chief among them is the Drug Enforcement Agency (DEA). Through collaborations
with the Federal Bureau of Investigation (FBI), and numerous task forces, including the
Organized Crime Drug Enforcement Task Force (OCDETF) and the High Intensity Drug
Trafficking Areas (HIDTA), and collaborations with other federal, state and local law
enforcement, DEA targets drug traffickers across the country and internationally to stem
the flow of illegal drugs in the United States. According to DEA, the total amount of MA
9 Drugs or other substances are classified under Schedule II after a finding that they (1) have a
high potential for abuse, and (2) have a currently accepted medical use in treatment in the U.S.
or a currently accepted medical use with severe dependence. Since 1971, all amphetamines,
including all forms of MA, are classified under Schedule II.
10 For more information on regulation of pseudoephedrine in OTC medications see, CRS Report
RS22177, The Legal Regulation of Sales of Over-the-Counter Cold Medication, by Jody Feder.
11 In addition to the programs and activities mentioned in this report, there are programs
throughout the federal government that provide activities and services related to the prevention,
education and treatment of MA, and to assisting localities with clandestine lab remediation. They
are, however, beyond the scope of this report.

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interdicted at the U.S. - Mexico border in 2002, had increased by over 17% since 1999.12
The “Meth Hot Spots” program under the Community Oriented Policing Services
(COPS) program is a grant program that specifically provides funding for a broad range
of initiatives designed to assist state and local law enforcement undertake anti-MA
initiatives. For FY2006, the Meth Hot Spots program received appropriations of $63.6
million (H.Rept. 109-272). Between 1998 and mid-2004, the COPS program has
provided over $350 million nationwide to address the MA problem.13
Additional DOJ grant programs provide assistance for a broad range of programs and
initiatives which can include anti-MA efforts. Table 1 provides DOJ funding for grants,
including Meth Hot Spots grants, awarded to state and local programs related to anti-MA
initiatives across the country. For the period FY2000 - FY2005, 470 grants were
provided, totaling $263.8 million.
Table 1. DOJ Awards Relating to Methamphetamine Initiatives,
FY2000 - FY2005
Fiscal Year
2000
2001
2002
2003
2004
2005
Total Grant Amount ( in millions)
$12.6
$32.5
$52.5
$62.9
$55.0
$48.3
Total Number of Grants
23
44
118
101
97
87
Source: DOJ, Bureau of Justice Assistance, totals as of October 19, 2005.
Legislation in the 109th Congress
Numerous bills have been introduced in the 109th Congress to curb MA use,
trafficking, and production (see Table 2); two, S. 103 and H.R. 3889, have been reported
from committees for consideration on the floors of the House and Senate. H.R. 3199, the
USA PATRIOT Improvement and Reauthorization Act of 2005, was passed by the House
on July 21, 2005 and by the Senate on July 29, 2005. The conference report for H.R.
3199 was reported out of conference on November 9, 2005. It is anticipated that a
compromise version of elements of both S. 103 and H.R. 3889 will be added to the
conference report for H.R. 3199. The conference report for H.R. 3199 is expected to be
voted on by the House and Senate by November 19, 2005.
S. 103, as amended and reported by the Senate Judiciary Committee on July 28,
2005, would limit the sale of pseudoephedrine to 7.5 grams in a 30-day period, except by
prescription and sold by licensed pharmacist or pharmacy technician; establish a registry
for purchasers of pseudoephedrine products; and permit limited sales of such products at
airports. S. 103 would provide grants for drug endangered children, local grants for MA
12 DEA Resources, For Law Enforcement Officers, Intelligence Reports, Federal-Wide Drug
Seizures, available at [http://www.usdoj.gov/dea/].
13 U.S. Department of Justice, Office of Community Oriented Policing Services, COPS Fact
Sheet: Methamphetamine Initiative, September 2004, available at [http://www.cops.usdoj.gov].

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substance abuse treatment, and grants for MA research and training; authorize grants to
states for establishing precursor monitoring programs; authorize appropriations of $15
million for COPS MA-training; permit the use of Meth Hot Spots grants for MA-related
hiring, and authorize $5 million for hiring prosecutors to prosecute MA cases.
H.R. 3889, was introduced by Representative Souder on September 22, 2005, and
reported by the House Judiciary Committee on November 11, 2005. The bill would
reduce OTC purchases of pseudoephedrine from the current limit of 9 grams to only 3.6
grams; repeal the “blister pack” exemption; require the Attorney General to establish
domestic production quotas for MA precursors and restrict their importation; require
registered importers to file advance notice of their precursor customers with DOJ; and
further regulate foreign imports of precursor chemicals. H.R. 3889 would require efforts
to prevent smuggling of MA into the U.S. from Mexico; make it easier to convict MA
“kingpins;”and give judges discretion in sentencing for crimes involving MA precursors.
The bill would authorize $99 million annually for FY2006-FY2010 for the Meth Hot
Spots program and $20 million annually in FY2006 and FY2007, for grants for programs
that aid children living in a MA-lab home. H.R. 3889 would also give additional authority
to the Department of Transportation (DOT) and the Environmental Protection Agency
(EPA) to enforce environmental regulations against MA cooks and treat contaminated
areas as hazardous waste sites. The bill was also marked up and reported by the House
Committee on Energy and Commerce on November 16, 2005.

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Table 2. Methamphetamine Legislation in the 109th Congress
Legislative Response
Bills Containing Relevant Provisions
Expand regulation of OTC medication
H.R. 314, H.R. 1056, H.R. 1083, H.R.
1350, H.R. 1378, H.R. 1446, H.R. 3324,
H.R. 3513, H.R. 3568, H.R. 3889, S.
103, S. 430
Elimination of “blister pack” exemption
H.R. 1350, H.R. 1446, H.R. 3889

Adding pseudoephedrine to Schedule V or
H.R. 314, S. 103, H.R. 1083, H.R. 1378,
listed chemical
H.R. 3955,

Limit on amount of OTC purchase
H.R. 1056, H.R. 1446, H.R. 3889

Registry or ‘behind-the-counter’ sales
H.R. 314, S. 103, H.R. 3955

Training for retailers - MethWatch
H.R. 1056, H.R. 3513

Retail distributors of pseudoephedrine
H.R. 1056, H.R. 3955, H.R. 3889
Enhanced criminal penalties for MA or
H.R. 1395, H.R. 1056, H.R. 3513, H.R.
precursor chemicals
3755, H.R. 3756, H.R. 3889
Import controls on MA and precursors
H.R. 1056, H.R. 3955, H.R. 3889
Precursor chemicals monitoring grants
H.R. 314, H.R. 1446, H.R. 3889, S. 103
MA Laboratory Remediation
H.R. 13, H.R. 314, H.R. 798, H.R. 3889,
S. 103, S. 259, S. 430
Regulation of imports of precursor chemicals
H.R. 1446, H.R. 3889
Regulation/quotas for MA precursors
H.R. 1446, H.R. 2601, H.R. 3889
COPS Meth Hot Spots Grants
H.R. 314, S. 103, H.R. 1446, H.R. 3889*
COPS grants for hiring local prosecutors
H.R. 314, S. 103
Grants for services for drug-endangered
H.R. 314, S. 103, H.R. 1395, H.R. 1446,
children
H.R. 2335, H.R. 3889*
Grants for MA abuse treatment
H.R. 314, S. 103, H.R. 1446, H.R. 3513
Grants for research, training, technical
H.R. 314, S. 103, H.R. 1446
assistance
U.S. Attorneys’ hiring program
H.R. 314, S. 103, H.R. 1446
Research grants for pseudoephedrine
H.R. 1056
alternatives
Reports on progress of anti-MA laws and
H.R. 1056, H.R. 1446
regulations
*(as amended)

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