Research Overview:

Methamphetamine Production,
Precursor Chemicals, and
Child Endangerment

January 2004

New Mexico Sentencing Commission

 Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment

Research Overview: Methamphetamine Production,

Precursor Chemicals, and Child Endangerment

Prepared for:
The New Mexico Sentencing Commission

January 2004

Compiled by:
S. Colby Phillips, Research Assistant

This Research Overview and many others are available for download on the New Mexico
Sentencing Commission web site at www.nmsc.state.nm.us

NOTE:
This Research Overview provides information for members of the New Mexico Sentencing Commission.
It is not a statement of the Commission’s view or opinion.

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 Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment

Table of Contents

Executive Summary …………………………………………………………….4

Methamphetamine Overview …………………………………………………...5

Methamphetamine Production and Use of Precursor Chemicals ………………6

Laws Controlling Methamphetamine Precursor Chemicals ……………………7

Endangerment of Children Present at Clandestine Methamphetamine Labs …...9

Methamphetamine Lab-Related Child Endangerment Laws and Programs ……10

References/Sources ……………………………………………………………..12

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 Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment

Executive Summary

• Methamphetamine is an addictive drug that can be destructive to the human body

leading to severe neurological, behavioral, and psychological problems.

• The number of clandestine methamphetamine drug labs seized by law

enforcement has been increasing yearly across the United States, including
New Mexico.

• Clandestine drug laboratories where methamphetamine is manufactured produce

large amounts of toxic waste that is hazardous to law enforcement officials, the
community, and the environment.

• The precursor chemicals used to produce methamphetamine are relatively

inexpensive, widely available, easy to transport, and difficult to regulate.

• Many states have enacted legislation aimed at controlling methamphetamine

precursor chemicals by regulating the possession of products and chemicals that
can be used to manufacture methamphetamine.

• The New Mexico State Police estimate that children are present at 30% of the
methamphetamine labs that it investigates, and the number of children present at
methamphetamine labs nationwide who test positive for toxic levels of chemicals
in their systems has been increasing.

• The chemicals used for methamphetamine production are highly toxic, and pose
the risk of severe short and long-term physical effects for children who are
exposed to them.

• Children living in homes with methamphetamine labs are also at increased risk for
neglect and physical and sexual abuse, and often face hazardous and unsanitary
living conditions.

• Several states have passed laws that expand child abuse penalties for adults who
place children in a location where a methamphetamine lab exists.

• Drug Endangered Children (DEC) programs have been created to form

multidisciplinary response teams to address the health and safety of children who
are present at seized methamphetamine labs.

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 Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment

Methamphetamine Overview
In 1998, General Barry R. McCaffrey, Director of the Office of National Drug Control
Policy, stated that methamphetamine had become the United States’ primary drug threat.
Over the last five years, the production and abuse of methamphetamine has increased
steadily in urban as well as rural areas across the U.S., as illustrated by a rise in the
number of methamphetamine seizures, arrests, indictments and sentences. A National
Institute on Drug Abuse report from 2002 stated that methamphetamine indicators were
the highest in the West and Southwest regions of the country. The production and abuse
of methamphetamine leaves in its wake severe health, social, and environmental
problems. This report looks at two main issues related to methamphetamine production
and abuse, the use of precursor drugs involved in the manufacture of methamphetamine,
and the endangerment of children who are exposed to methamphetamine production and
abuse.

Methamphetamine is a derivative of amphetamine, and is a powerful stimulant that

affects the brain and the central nervous system. Methamphetamine can be smoked,
snorted, injected, or taken orally in a tablet form, and produces a rush that increases
energy and alertness that can last for up to 12 hours. Side effects of methamphetamine
use include convulsions, dangerously high body temperature, stroke, cardiac arrhythmia,
stomach cramps, and uncontrollable shaking. Chronic use of methamphetamine can
result in the user developing a high tolerance for the drug, which can lead to a “binge and
crash” cycle as the user attempts to maintain his original high. Methamphetamine is
classified as a Schedule II drug under the Controlled Substances Act of 1970, meaning
that it has a high potential for abuse, is currently accepted for medical use in treatment in
the U.S., and may lead to severe psychological or physical dependence. Approved
medical uses include treatment for asthma, narcolepsy, attention deficit disorder, and
obesity.

Methamphetamine can be easily produced in simple labs using readily available

ingredients including over-the-counter drugs and household chemicals that are “cooked”
to produce the drug. Methamphetamine precursor chemicals usually include
pseudoephedrine and ephedrine drug products. Methamphetamine is primarily made in
clandestine drug labs that are portable and are easy to set up and dismantle, which helps
manufacturers to avoid law enforcement detection. Locations for methamphetamine
production include homes and apartments, motel rooms, rented storage spaces, and cars
or trucks. In 1996, 52% of the labs seized by the DEA were located in urban or suburban
areas, while 38% were located in rural areas. The production of methamphetamine has
severe effects on the environment. The production of one pound of the drug can produce
five to seven pounds of toxic waste, which is usually dumped down drains, in fields or
yards, or on rural roads by methamphetamine manufacturers, creating a dangerous and
expensive clean up problem for the community.

The results from the U.S. Department of Health and Human Services 2002 study on drug
use and health found that more than 12 million people over the age of 12 (5.3% of the
U.S. population) reported methamphetamine use at least once in their lifetime.

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 Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment

According to the University of Michigan’s 2002 Monitoring the Future study, annual
methamphetamine use by secondary school students ranged from 2.2% among 8th
graders, to 3.9% among 10th graders, and 3.6% among 12th graders. Methamphetamine
trafficking and production has increased as drug trafficking organizations led by Mexican
nationals have become the dominant manufacturers and distributors of the drug in the
West. Combined with small independent clandestine drug labs, the Drug Enforcement
Administration (DEA) reported a 640% increase in seizures of methamphetamine labs in
the U.S. over the last five years. In 1999 alone, the DEA seized 1,948 drug labs and state
and local law enforcement nationwide seized an additional 4,489 labs. The seizure of
clandestine methamphetamine labs in New Mexico has also steadily increased over the
last five years. According to the National Clandestine Laboratory Database, 47
methamphetamine labs were seized in New Mexico in 1999, 48 in 2000, 74 in 2001, 109
in 2002, and 130 in 2003 (Chart 1).

Chart 1

Meth Labs Seized in New Mexico 1999 - 2003

140
130

120
109

100
Number of Labs Seized

80 74

60
47 48

40

20

0
Year 1999 Year 2000 Year 2001 Year 2002 Year 2003

Source: National Clandestine Laboratory Database

Methamphetamine Production and the Use of Precursor Chemicals

With the exception of cannabis, every illicit drug requires chemicals to be refined or
synthesized into its final, usable form. Methamphetamine can be produced using a
number of different chemicals in a variety of ways, the most popular being the ephedrine
reduction method. Of the 32 chemicals that can be used to make methamphetamine, one-
third of them are extremely hazardous and almost all can be easily obtained through
commercial sources. Ephedrine, which is either derived from the ephedra plant or made
synthetically, is the most important ingredient in the ephedrine-reduction method because
it is just one step away from the final product. Ephedrine is chemically identical to
methamphetamine already except for the presence of one extra atom of oxygen, which is

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 Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment

removed by combining ephedrine with hydriodic acid. In addition, pseudoephedrine,

which is contained in over-the-counter cold medicines, can be used as a substitute for
ephedrine. Methylsulfonylmethane (MSM) is also used in methamphetamine
manufacturing to “cut” methamphetamine and increase the amount of the drug that is
produced. MSM is a legitimate dietary supplement used for horses and humans, and is
available at feed and livestock stores and in health and nutrition stores.

In the first phase of methamphetamine production, ephedrine is combined with red

phosphorous and hydriodic acid. Red phosphorous is obtained from computer chips,
flares, matchsticks, and fireworks, and is considered to be one of the most dangerous
chemicals used in methamphetamine production. When red phosphorous burns, it turns
into phosphine gas, a nerve agent used in World War I. During the second stage of
production, sodium hydroxide is added to convert the acidic mixture into a basic one, and
the air conditioning chemical Freon is used to extract the methamphetamine from the
mixture in a liquid form. The liquid is then treated with hydrogen chloride gas,
converting it into a white crystalline powder form of methamphetamine.

Another method of methamphetamine production is called the “dry cook” or “Nazi

method.” This technique uses ephedrine or pseudoephendrine, sodium or lithium, and
anhydrous ammonia. This method has become increasingly popular because it is quick
and inexpensive, requires less set up time and equipment, and produces a high yield of
methamphetamine.

The production and distribution of ephedrine is currently controlled by federal

regulations, and individuals must register to sell it, maintain records of all sales and
report “suspicious” purchases. International regulations are not as strict however, and
methamphetamine producers have been known to establish front businesses (such as auto
body and paint shops or swimming pool service companies) that require large amounts of
the precursor chemicals and may then import them from other countries. Drug traffickers
also divert chemicals by mislabeling containers, forging sales documents, and smuggling
the chemicals across international borders, primarily from Canada and Mexico. In 2001,
74 kilograms of psuedoephedrine were seized in New Mexico, with labels that indicated a
Canadian origin. Other sources of supply for precursor chemicals in the U.S. include
convenience stores, liquor stores, gas stations, pharmacies, grocery stores, discount
department stores, and other retailers that sell over-the-counter drugs that contain
ephedrine, pseudoephedrine, or phenylpropanolamine. Increasingly, mail order
distributors that take orders via the Internet are sending pseudoephedrine tablets to
individuals at their residences. As the popularity of the Internet increases, the risk of
precursor chemical diversion is expected to grow.

Laws Controlling Methamphetamine Precursor Chemicals

The chemicals that are used to produce methamphetamine are controlled by a variety of
federal, state, and local laws and ordinances. At the federal level, the Methamphetamine
Control Act of 1996 was passed by Congress to broaden the controls on listed chemicals
used in the production of methamphetamine. The Methamphetamine Penalty
Enhancement Act of 1998 lowered certain quantity thresholds for mandatory minimum

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 Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment

trafficking penalties, and the Methamphetamine Anti-Proliferation Act of 2000 enhanced

the federal sentencing guidelines for this drug.

Many states have passed legislation aimed at controlling methamphetamine precursor

chemicals. The following is a sampling of various state laws:

• In 1992, Utah passed the Drug Precursor Act and the Clandestine Drug Lab Act to
regulate precursor chemicals used to manufacture methamphetamine. In 1998,
the Controlled Substances Precursor Amendments were passed, which added
crystal iodine as a precursor and limited its possession to 2 ounces, and limited
the possession of ephedrine and pseudoephedrine to 12 grams.

• In 2003, Colorado established a Class C felony penalty for the sale of a precursor
substance if the seller knows that it will be used to manufacture
methamphetamine.

• In Indiana, the Reporting Sale of Methamphetamine Precursors law authorizes

state police to establish retailer education programs regarding illicit
methamphetamine production, and provides civil immunity for a retailer or retail
employee who makes a good faith report of the suspicious sale of
methamphetamine precursor products. Indiana also passed laws making the
possession of more than 10 grams of ephedrine, pseudoephedrine, or
phenlypropanolamine a Class D felony, and requiring a person convicted of
certain methamphetamine offenses to provide restitution for the costs of
environmental cleanup.

• Kentucky’s Methamphetamine Precursor law makes possession of more than

24 grams of ephedrine, pseudoephedrine, or phenlypropanolamine prima facie
evidence of the intent to use the materials as precursors to methamphetamine.

• Missouri amended existing laws to prohibit the sale of more than 2 packages or 6
grams of any over-the-counter drug having a sole active ingredient of ephedrine,
pseudoephedrine, or phenlypropanolamine, and prohibit the sale of more than 3
packages or 9 grams of any combination drug containing ephedrine,
pseudoephedrine, or phenlypropanolamine. Retailers are required to place these
products behind the counter, or no more than 10 feet from the view of a cashier
unless anti-theft devices are used. Missouri also created a Class B felony penalty
for the unlawful release of anhydrous ammonia into the atmosphere by a person
who is not a lawful possessor of anhydrous ammonia.

• Also in 2003, North Dakota enacted legislation to limit the sale of products
containing precursor chemicals to no more than 2 packages and prohibits the sale
to minors, with proof of age required for anyone under the age of 25. North
Dakota also provided liability exemption to retailers who institute an employee
training program regarding the sale of these products.

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 Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment

In California, a number of cities and counties have passed their own local ordinances
controlling the sale of non-prescription products that contain ephedrine and
pseudoephedrine, a model that has been followed by several cities in New Mexico.
However, according to the HIDTA Tri-State Precursor Committee, while local
ordinances can be effective, they also drive illicit drug manufacturers to other parts to the
state where there are no controls.

Endangerment of Children Present at Clandestine Methamphetamine Labs

Children represent a growing percentage of the innocent victims of methamphetamine
production and use. The New Mexico State Police indicate that children are present in as
many as 30% of its methamphetamine investigations. These children were at risk by
being exposed to the drug before birth, and they remained at risk by inhaling, ingesting,
or coming into physical contact with toxic chemicals used in the production of
methamphetamine in the homes where they live. Additionally, these children suffer from
neglect and abuse by their parent or caregiver who is using or exposing them to
methamphetamine.

The chemicals used to make methamphetamine are highly volatile and toxic, creating a
potential risk for contamination, fire and explosion. When ephedrine, hydriodic acid, and
red phosphorous are cooked dry, highly unstable phosphine gas, a poisonous nerve agent,
is generated. Red phosphorous itself is highly flammable, emits toxic fumes, and may
auto-ignite when combined with water or air and a nearby flame or friction. Hydriodic
acids will eat through most commercial containers used to store the chemical. These
toxic substances, as well as vaporized methamphetamine created during the production
process, are deposited on walls, carpets, countertops, clothing, and food. A child living
in a methamphetamine lab may inhale or swallow toxic substances, receive an injection
or accidental skin prick from discarded needles or other drug paraphernalia, or absorb
methamphetamine or toxic substances through his skin following contact with
contaminated surfaces. According to the DEA El Paso Intelligence Center, the number of
children present at seized methamphetamine labs who tested positive for toxic levels of
chemicals has increased (Table 1).

Table 1: Children at Methamphetamine Laboratories

Year Present at Seized Labs Tested Positive for Toxic Levels of
Chemicals
1999 950 150
2000 1,748 340
2001 2,028 700
Source: DEA EPIC National Clandestine Laboratory Seizure System

Children may face short and long-term physical effects from exposure to the toxic
chemicals present in methamphetamine labs. Ingesting toxic chemicals or
methamphetamine may cause fatal poisoning, internal or external chemical burns, and
damage to organ function (Table 2). Long-term risks to children exposed to toxic
chemicals include the development of acute or chronic diseases such as cancer, as well as
emotional, behavioral, and developmental problems.

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 Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment

Table 2: Hazardous Chemicals Used in Methamphetamine Production

Chemical Hazardous Effect
Pseudoephedrine Ingestion of doses greater than 240mg causes hypertension,
arrhythmia, anxiety and vomiting. Doses greater than 600mg can lead
to renal failure and seizures.
Acetone/Ethyl Alcohol Extremely flammable, posing fire risk. Inhalation or ingestion can cause
severe gastric irritation, narcosis, or coma.
Freon Inhalation can cause sudden cardiac death or severe lung damage. It is
corrosive if ingested.
Anhydrous Ammonia Colorless gas with a pungent, suffocating odor. Inhalation causes
edema of the respiratory tract and asphyxia. Contact with vapors
damages eyes and mucous membrane.
Red Phosphorous May explode on contact or friction. Vapor from ignited phosphorous
severely irritates nose, throat, lungs, and eyes.
Hypophosphorous Dangerous substitute for red phosphorous. If overheated, deadly
Acid phosphine gas is released. Poses fire and explosion hazard.
Lithium Metal Extremely caustic to all body tissue. Reacts violently with water and
poses a fire or explosion hazard.
Hydriodic Acid A corrosive acid with vapors that are irritating to the respiratory system,
eyes, and skin. If ingested, causes severe internal damage.
Iodine Crystals Give off vapor that is irritating to the respiratory system and eyes. If
ingested, causes severe internal damage.
Phenylpropanolamine Ingestion of doses greater than 75mg causes hypertension, arrhythmia,
anxiety and vomiting. Doses greater than 300mg can lead to renal
failure and seizures.
Source: DEA Office of Diversion Control

Children living in methamphetamine labs are also at increased risk for neglect and
physical and sexual abuse by members of their own families and other known individuals
with access to the site. Children whose parents or guardians produce or use
methamphetamine typically lack proper immunizations, medical and dental care, and
basic necessities such as food, water, and a safe place to sleep.

Overall, children living in methamphetamine labs face hazardous living conditions due to
methamphetamine production and use. Methamphetamine lab homes often are extremely
unsanitary, and lack heating and cooling, running water, and refrigeration. Often, living
areas are infested with rodents and insects with rotten food and garbage strewn on the
floors and countertops. Loaded guns and other weapons are usually present, and some
methamphetamine lab homes have been found with explosives and booby traps.

Methamphetamine Lab-Related Child Endangerment Laws and Programs

Several states have passed legislation aimed at addressing issues related to children found
at clandestine methamphetamine labs. In July 2000, the Arizona child abuse law (A.R.S.
§13-3623) was expanded to add a provision that provides a presumption of endangerment
when children or vulnerable adults are found at methamphetamine lab sites, creating
strict liability when a person places a child in a location where a methamphetamine lab
exists. In July 2003, A.R.S. §12-1000 became effective, making it unlawful for anyone

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 Research Overview: Methamphetamine Production, Precursor Chemicals, and Child Endangerment

other than the property owner or manager to enter a property where dangerous drugs were
being manufactured until it is cleaned by a state-approved site remediation firm. This
ensures that Child Protective Services will not return a child to a residence that operated
as a methamphetamine lab until it is determined to be safe by strict standards.

In Washington State, House Bill 2610 was passed in 2002, establishing a felony for
endangerment of a child by exposure to methamphetamine or its precursor chemicals.
Washington also passed legislation requiring investigating law enforcement officers to
contact the Department of Social and Health Services immediately if a child is found at a
methamphetamine lab, and the law provides guidelines related to taking an endangered
child into custody.

In 2003, North Dakota passed House Bill 1351, the Controlled Substance Exposure of
Children or Vulnerable Adult act that makes it a felony to expose children or vulnerable
adults to a controlled substance, chemical precursor, or drug paraphernalia.

California drug laws also address the possession of precursor chemicals with the intent to
manufacture methamphetamine and provide for enhanced penalties when these elements
are found in a structure where a child under the age of 16 is present.

California has also created Drug Endangered Children (DEC) response teams that are
operating in over 20 counties. The DEC program has two main goals: 1) to break the
cycle of child abuse, neglect, and endangerment by those who manufacture, use, and sell
methamphetamine; and 2) to create a collaborative and multidisciplinary response to help
children exposed to clandestine methamphetamine labs. DEC team members include
members of law enforcement, child protective services, district attorney’s offices, and
medical personnel, as well as mental health, drug treatment, public health, and
environmental services professionals. The California program has been a model for other
states including Arizona, Idaho, and Washington that have created their own DEC
programs and multi-agency response teams to address the health and safety of children
who are present at seized methamphetamine labs.

According to Dr. John Martyny, a researcher at the National Jewish Medical and
Research Center and who has conducted studies on the toxic substances created during
methamphetamine production, “Children living at these labs might as well be taking the
drug directly.” Collaboration among federal, state, and local agencies is important to
ensure the adequate protection and care for children who are endangered by
methamphetamine production and use.

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References/Sources
2003 National Association of Chain Drug Stores Pharmacy and Technology Conference
Proceedings: Status of Regulatory Legislative Practice Initiatives in the States, presented
by Phil Burgess, National Director, Pharmacy Affairs, Walgreens.

Arizona Drug Endangered Children (DEC) Program web site:

http://www.attorneygeneral.state.az.us/DEC/

Chemical Diversion and Synthetic Drug Manufacture, U.S. Drug Enforcement

Administration, www.dea.gov.

Children at Risk, Information Bulletin, United States Department of Justice, July 2002.

Drug Trafficking in the United States, U.S. Drug Enforcement Administration,

www.dea.gov.

Efforts to Control Precursor Chemicals, Office of National Drug Control Policy Fact
Sheet ONDCP Drug Policy Information Clearinghouse,
http://www.whitehousedrugpolicy.gov, 2003.

High Intensity Drug Trafficking Area (HIDTA) Tri-State Precursor Committee New
Mexico Legislative Review

Meth Matters: Report on Methamphetamine Users in Five Western States, National

Institute of Justice, U.S. Department of Justice, April 1999.

Methamphetamine, Office of National Drug Control Policy Fact Sheet, ONDCP Drug
Policy Information Clearinghouse, http://www.whitehousedrugpolicy.gov, 2003.

Methamphetamine Information, Utah Substance Abuse and Anti-Violence Coordinating

Council, 2000.

Methamphetamine Interagency Task Force Final Report, Federal Advisory Committee.

National Crime Prevention Council web site: http://www.ncpc.org/

Swetlow, Karen, (2003). Children at Clandestine Methamphetamine Labs: Helping

Meth’s Youngest Victims, Office of Justice Programs, Office for Victims Crime OVC
Bulletin, United States Department of Justice, June 2003.

Toxic Brew of Chemicals Cooked Up in Methamphetamine Laboratories, National Jewish

Medical and Research Center press release, January 19, 2004.

Washington State Democratic Caucus web site:

http://www.sdc.wa.gov/Releases/Rasmussen/2002%20archive/methsign.htm

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