Cutting off the building blocks to methamphetamine production: a global solution to methamphetamine abuse.

• Author: Grau, Lauren

1. A SLEEPING GIANT: WHERE DID METHAMPHETAMINE COME FROM? A. A History of Methamphetamine B. Methamphetamine Production C. An International Affair II. THE U.S. RESPONSE TO METHAMPHETAMINE ABUSE A. State Action B. Federal Regulation III. THE INTERNATIONAL RESPONSE TO METHAMPHETAMINE ABUSE A. The International Struggle with Methamphetamines: Bilateral Agreements, Terrorism, and Corruption B. The United Nations' Response IV. A TWO FRONT WAR: COMPARING THE U.S. AND INTERNATIONAL RESPONSE TO METHAMPHETAMINE ABUSE A. Weak States: the Methamphetamine Den of Thieves B. Confusing the War on Terrorism and the War on Drugs C. Controlling the Precursor Manufactures D. United States Attempts at International Cooperation: Intelligence, Training, and Seizures V. CONCLUSION Look at me, busy as a bee, Where'd I get all this energy? Oh meth. Mmm meth. I don't sleep, and I don't eat, But I've got the cleanest house on the street. Oh meth. Mmm meth. Get these hairs all out of my face. Get these bugs all out of my place. One more hit, no time to waste. Oh meth. Mmm meth. (1) In the late 1990s, the Office of the National Drug Control Policy (ONDCP) began running commercials warning of the dangers of methamphetamine (2)--a drug that was quickly becoming a national concern. (3) However, the contrast between the upbeat jingle and the underlying antimethamphetamine message may have confused the public. This initial foray into addressing methamphetamine abuse not only highlighted the government's flawed grasp over the severity of the drug, but also foreshadowed the struggle to create a cohesive national policy to fight this growing concern.

   The government continues to provide mixed messages concerning the gravity of U.S. methamphetamine abuse:

   In terms of damage to children and to our society, meth is now the most dangerous drug in America--a problem that has surpassed marijuana. --Former U.S. Attorney General Alberto Gonzales (4) But is [meth] the only drug problem? Is it the worst drug problem? ... The answer is no. --John Walters, Director of the ONDCP (5) While some policymakers argue that the media and the public are simply "crying meth," (6) others are working to encourage all levels of government to continue passing legislation that addresses methamphetamine-related issues. (7)

   Indeed, increased media attention has forced the state and federal levels of government to adopt new policies addressing methamphetamines. (8) However, the fight against methamphetamine abuse, production, and trafficking within the United States cannot rely solely on additional federal guidelines and experimentation in state legislatures--it requires a clear federal response and international cooperation. Because many countries' methamphetamine policies focus on single faceted solutions or suffer from lack of funding and support, (9) the United States must continue to foster support for international initiatives designed to control global methamphetamine production and encourage U.N. resolutions addressing methamphetamine-related issues. In addition, reducing methamphetamine abuse and production in the United States requires an understanding of methamphetamine's history, an effort to balance federalism issues, and a harmonization of domestic goals that may diametrically oppose international foreign policies.

   This Comment is divided into five parts. Part I discusses domestic methamphetamine production, traces U.S. addiction rates, and illustrates the global nature of methamphetamine abuse. Part II of this Comment analyzes the United States' response to the growing methamphetamine problem at both the state and federal levels. Turning away from U.S. methamphetamine policy, Part III examines the international responses to methamphetamine abuse and production as well as the U.N.'s current regulations concerning precursor chemicals--those chemicals used to manufacture the drug. Part IV then analyzes some of the current U.S. and international strategies, including providing aid to weaker countries, regulating precursor chemicals, and sharing methamphetamine trafficking intelligence. In addition, Part IV discusses some of the dangers of including methamphetamine legislation within antiterrorism legislation. Finally, Part V concludes by explaining why the United States and the international community must cooperate to eliminate the production and abuse of methamphetamines.

1. A SLEEPING GIANT: WHERE DID METHAMPHETAMINE COME FROM?

   Methamphetamines are addictive stimulants that trigger the brain to release high levels of dopamine. (10) This chemical release results in the user feeling a sense of euphoria. (11) In addition to affecting the central nervous system, (12) methamphetamines increase activity levels and alter a user's appetite. (13) While other stimulants may create a high that lasts 20-30 minutes, a methamphetamine user's high may last 6-8 hours. (14)

   A user's euphoria is "followed by depression and exhaustion that drive the need for the[ir] next fix." (15) The increased level of dopamine causes the body to speed up metabolic activities, including aging, and results in the deterioration of the user's physical appearance. (16) Additionally, repeated methamphetamine use has been linked to "deficits in learning and memory" resulting in longterm health dangers, including brain damage. (17)

   Within the last twenty years, methamphetamine, once labeled the "poor man's cocaine," has become one of the most abused drugs in America. (18) Its popularity quickly spread into the mainstream, creating addicts in all facets of the socioeconomic spectrum without regard to geographic areas. (19) By 2005, an estimated 12 million Americans had tried methamphetamines at least once in their lifetimes, (20) and by 2006, an estimated 1.4 million Americans were actively using methamphetamines. (21)

   Methamphetamine production and abuse disrupts the social and economic framework of both methamphetamine users and nonusers. (22) Some of the impacts of methamphetamines on local communities include: an increase in crime and jail overcrowding, (23) an increase in child welfare cases, (24) higher levels of environmental waste, (25) supporting terrorism, (26) and increased healthcare cost. (27) In addition, over fifty eight percent of law enforcement agencies in forty five states rank methamphetamines as their largest drug problem. (28)

   1. A History of Methamphetamine

      In 1919, Japanese chemist A. Ogata first synthesized methamphetamine by chemically reducing ephedrine. (29) Methamphetamine's stimulant effect quickly became a popular fatigue cure for both the Axis and Allied troops during World War II. (30) In the United States, methamphetamines and amphetamines gained notoriety in the 1950s as diet aids, depression cures, and prescriptions to "give housewives a boost." (31)

      As the U.S. government strengthened drug regulation in the 1970s, the use of amphetamines and methamphetamines diminished. (32) In 1970, the Control Substance Act designated methamphetamine as a Schedule II drug, which severely limited the drug's availability and legal distribution. (33)

      Following this classification, amphetamine and methamphetamine production moved underground with biker gangs from California and the Pacific Northwest "cooking" chemicals to produce methamphetamine. (34) In the early 1980s, U.S. amphetamine production diminished after the government placed restrictions on the key ingredient phenyl-2-propanone. (35) As a result, the "cooks" adjusted the recipe to focus on methamphetamine production. (36)

      From 1993-1995, in response to rising domestic drug production levels, the U.S. government increased the regulation of bulk sales of ephedrine and pseudoephedrine. (37) The Drug Enforcement Agency (DEA) also began restricting sales of "box lab" chemical kits that "contained everything you needed to produce meth." (38)

      Due to the increased domestic import restrictions, methamphetamine producers in the United States began exploiting chemical importation loopholes in Canada to obtain bulk amounts of ephedrine and pseudoephedrine. (39) By 2002, Canada had "become the leading supply route for the raw ingredient[s]" needed to produce methamphetamines. (40) Under pressure from the United States, the Canadian government enacted new regulations in 2003 to restrict the importation of bulk amounts of ephedrine and pseudoephedrine. (41) However, this solution to U.S. methamphetamine production proved to be short lived since curtailing imports into Canada resulted in increased drug trafficking from Mexico into the United States. (42) Today, Mexico is the major source of U.S. methamphetamines with Mexican "superlabs" (43) providing between sixty five and eighty percent of all methamphetamines consumed in the United States. (44)

   2. Methamphetamine Production

      In the United States, methamphetamines generally come from one of two different sources: small, domestic "mom and pop" labs or superlabs run by Mexican drug cartels. (45) The small "mom and pop" labs operate within the United States and account for twenty percent of the methamphetamine supply, while superlabs account for the remaining methamphetamine supply sold in the United States. (46)

      Unlike marijuana, heroin, or cocaine, methamphetamines are not derived from a plant derivative or extract. (47) Instead, methamphetamines are produced through chemical synthesis. (48) Recipes for methamphetamines are readily available on the internet or in underground publications. (49) Therefore, hypothetically, anyone with a basic understanding of chemistry and the ability to gather the chemical ingredients could produce methamphetamines. (50)

      The recipes used by "mom and pop" labs call for inexpensive household products and chemicals that are difficult to regulate because of their frequent use in other industries and day-to-day activities. (51) However, the key precursor chemicals for methamphetamine production include ephedrine or pseudoephedrine. (52) Ephedrine and...