Nov. 20--Indiana's new online system that tracks the sale of pseudoephedrine -- a drug used to make methamphetamine -- already has stopped hundreds of illegal sales of PSE-containing cold medicine in the Wabash Valley, statistics show.
But while some officials claim the system is helping to curb the mom-and-pop production of meth, some police on the front lines of combating the drugs indicate the tracking system is only a tool that has created a bumper crop of "smurfs" -- slang for people who intentionally buy meth-recipe cold medicine, usually in groups that pile out of cars like blue cartoon characters.
Since Indiana enacted purchasing limits on PSE products in 2005, all pharmacies and other retailers selling the products have been required to record the purchaser's identity and amount sold. Individuals can buy a maximum of 3.6 grams per day, and no more than 7.2 grams during any 30-day period.
The state Legislature added to that requirement earlier this year, when it passed a real-time electronic tracking program. All retailers who sell cold medicine containing PSE must be online with the system by Jan. 1.
PSE is the only required ingredient in all meth recipes used in clandestine meth production. As such, it has been the target of law enforcement officials who feel that limiting access to the drug will reduce meth labs.
Several retailers statewide, particularly nationwide pharmacy chains, already are participating in the online tracking program. Many smaller or independent retailers have yet to join the system through a computer software upgrade.
So far, the system has stopped thousands of illegal sales statewide, and system technology provider Appriss Inc. said more than half or about 53 percent of Indiana's estimated 1,200 pseudoephedrine retailers are already in the tracking network.
13 local retailers online
In Vigo County, eight retailers are already online. In Clay County, two are online, while Parke, Sullivan and Vermillion counties each have one retailer online.
Appriss data shows that in Vigo County, 282 sales were blocked during the months of August, September and October. Another 3,305 sales were allowed by the tracking system. During those same three months, the surrounding counties of Clay, Parke, Sullivan and Vermillion had 82 sale attempts blocked, while allowing 2,349 sales.
The online data feeds into the NPLEx system being used by the Indiana State Police to provide real-time electronic monitoring of pseudoephedrine purchases. The neighboring states of Illinois, Kentucky and Michigan also contribute every transaction to NPLEx, or the National Precursor Log Exchange, and every attempted transaction is measured against other transactions in that system. With 17 states contributing to the system, which is provided free of charge to states by the National Association of Drug Diversion Investigators, each precursor purchase is checked against the sales of about 30,000 retailers.
Jim Acquisto, vice present of government affairs for Appriss, said the extent of the electronic tracking system reaches smurfs who try to get around the system by crossing state lines to exceed purchasing limits.
System helping investigators
But even though the electronic tracking is supposed to occur in real-time, that does not mean police will respond right away to a retail location when a person attempts to make an illegal purchase.
"It's more of an assistance in building a case than an instigator of a case," said Detective Denzil Lewis, a Terre Haute Police officer assigned to the Vigo County Drug Task Force, when talking about electronic tracking.
The tracking system data can be used to follow up on an investigation, Lewis said, and in that respect, it is helpful. But it does not always stop people from buying pseudoephedrine to use in the meth recipe.
"For instance, we had a meth lab fire case, and we used the tracking list to show that a certain individual involved bought Sudafed just hours before the meth lab fire," Lewis said, illustrating how a court case can be strengthened with the tracking data.
'Smurfing' practice growing
What Terre Haute Police are seeing, Lewis said, are people "smurfing," or buying PSE-containing products in groups, either to get a share of the drug or to profit from the purchase.
"They are offering $50 to homeless people to go into the store to buy $25 worth of cold medicine," Lewis said of the meth cookers. "They'll pay them double the amount of the box. So, they have ways to get around tracking."
First Sgt. Niki Crawford of the Meth Suppression Section of the Indiana State Police agrees with the local police assessment of the clandestine meth lab issue.
"Meth cooks are now recruiting larger and larger groups to purchase PSE products for them, so they can get around the current purchasing restrictions and tracking laws," Crawford told the Tribune-Star. "They are recruiting the homeless, family members, college students, people at plasma centers and strangers that walk by on the street. They are paying between $35 and $75 per box or trading half-grams of meth ($50 worth) for a box of PSE product."
Crawford said police also have found that people are selling their valid IDs to PSE smurfs for up to $250 each. Lost or stolen IDs, too, are being used by smurfs to purchase PSE products.
Tracking and blocking the sales of PSE products is not a preventive tool to stop meth labs, Crawford said, as illustrated by other states which also use a sales tracking system, but have seen their meth lab cases on the rise.
"The phenomenon is not occurring because more officers are using the tracking systems, but because meth cooks have built criminal enterprises where they 'hire' smurfs to purchase their PSE," Crawford said.
Meth labs increasing
The number of meth labs found in Indiana is holding steady, according to Indiana State Police data.
From Jan. 1 through Sept. 30 of this year, ISP has seized 1,009 labs. That does not include trash labs that are inactive or have been discarded, or labs discovered and cleaned up by other agencies.
In 2008, ISP recorded 808 labs. In 2009, that number grew to 1,000. And last year, ISP had 1,044 lab incidents.
Of the labs seized this year, 73 percent are the "one-pot" method, which requires a smaller amount of PSE and produces meth at a faster rate.
It is also a more volatile lab because the "pot" is usually a discarded plastic drink bottle that has a high probability of failing to contain the chemical reaction, resulting in an explosion or fire.
More kids, more injuries
One of the scarier statistics is the number of children found in meth lab homes this year. In January, 40 children were found in homes where labs were discovered, according to ISP data. By September, the total was 266.
That is up from 2010, when State Police identified 213 children in lab homes. In 2009, they found 127 at risk of injury due to meth labs. In 2008, that number was 107 children.
The number of injuries and deaths also has climbed each year.
Since 2000 through September 2011, ISP has recorded 163 adults injured and 20 adults killed because of meth labs. Of the deaths, nine occurred in fires or explosions, three through homicides, one in a "one-pot" explosion, three through police-action shootings, two in pursuit crashes, one in a suicide after a traffic stop, and one in a car crash.
During that same time frame, 10 children were injured and two children killed by meth labs. Among the biggest risks for children exposed to meth labs are fire, chemical burns, chemical vapors and swallowing chemicals.
Also since 2000, 73 law enforcement offices were injured in incidents involving meth labs.
The ISP data also show that the number of meth lab arrests has risen steadily along with the number of lab incidents. In 2009, ISP recorded 1,343 labs and made 1,031 arrests. In 2010, ISP located 1,346 labs and made 1,212 arrests.
Skinner backs alternative
The new online tracking system came as the Legislature chose it over an alternative approach: returning PSE-containing products to their pre-1976 prescription-only status. That idea was presented in a bill sponsored by Sen. Tim Skinner, D-Terre Haute. His bill died in committee, but Skinner recently vowed to bring the bill back to life in next year's legislative session.
Skinner praises the ISP Meth Suppression Section for its work in tracking meth-related crime and in trying to educate the public and Legislature on how to successfully beat Indiana's meth lab problem.
"The State Police did an analysis of what other states were doing and how it was working," he said. "They saw a lot of flaws in what was happening with tracking. Then, they looked at prescription-only states and their success rates were much greater. So, ISP wanted prescription-only legislation."
Skinner's bill got a committee hearing, but it also came up against strong lobbying from pharmaceutical retailers and other merchants who supported electronic tracking.
It may take a few years of gathering data to show that tracking drug sales is not the solution, Skinner said.
"I think there may be some legislators who supported tracking, but may come to realize they have to reconsider the prescription part of it," he said.
For now, electronic tracking may slow or stop sales, Skinner said, but he also knows that smurfs are increasingly figuring out how to get around the tracking -- as meth production, dangers and arrests continue to rise.
Lisa Trigg can be reached at (812) 231-4254 or [email protected].
Copyright 2011 - The Tribune-Star, Terre Haute, Ind.
