Meth Bill Rejected

Legislation requiring a prescription for most cold medicines was rejected by a tie vote in the West Virginia Senate on Thursday, and the four senators representing the Northern Panhandle also split their vote.

The bill was intended to curb the use of ephedrine in the production of the illegal drug crystal meth and would require a doctor's prescription for many current over-the-counter cold and allergy medicines. It was rejected by a vote of 16-16 in the 34-member Senate.

Not voting were acting Gov. Earl Ray Tomblin, also the senate president, and Sen. Walt Helmick, D-Pocahontas.

Local senators voting in favor were acting Senate President Jeff Kessler, D-Marshall, and Larry Edgell, D-Wetzel. Both said earlier this week they believed the bill would help curb a growing methamphetamine problem in West Virginia and that many cold and allergy medicines still would be available over the counter under the restriction.

Voting in opposition were Sens. Orphy Klempa, D-Ohio, and Jack Yost, D-Brooke.

"I had heartburn with that bill from day one - from the moment I saw it took a prescription," Yost said. "I know for a fact we have so many folks in the Northern Panhandle without health care, and they don't have a doctor. For them to get a prescription for a cold medicine is very expensive, and something they don't need.

"It hurts our seniors and those on fixed incomes," he added. "I couldn't support it. It put an extra burden on the poorest people."

The bill was supported by the West Virginia State Troopers Association, and members of the group sat together in uniform in the south gallery of the Senate for the vote, according to Yost. He said it was an intimidating sight for lawmakers.

Klempa, meanwhile, said he attended all public hearings on the bill and "heard all the comments." He also acknowledged the bill's sponsor, Sen. Dan Foster, D-Kanawha, is a medical doctor and made good arguments that the bill would help curb West Virginia's meth problem.

Klempa said he voted for the bill in the Senate Judiciary Committee in order to bring it to a vote before the whole Senate, but he told Foster he couldn't support it on the floor.

"I got at least 50 phone calls and over 100 e-mails on the issue - and not one was in favor of the legislation," Klempa said. "It boils down to the border counties and that there are no regulations like that in Pennsylvania or Ohio. It's a commerce thing. People would go across the border to get what they wanted rather than pay $25 to $50 to a doctor for a prescription. And while they were there they would do other shopping.

"No matter what my own feelings were, the people I represent were overwhelmingly against the bill and I delivered their words to the Senate this morning," Klempa added.