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Treating Sniffles with a Jail Term
by
Doug Bandow,
November 9, 2005
Drug abuse is never-ending but ever-changing.
Periodically public officials warn that the use of heroin, LSD, PCP, cocaine, crack, and now methamphetamines is sweeping America. Eventually each crisis ebbs, only to be followed by another well-publicized addictive fad.
Unfortunately, in each case tabloid-like publicity
generates increased pressure on authorities to do
something. Dramatic new enforcement campaigns
ensue, hitting the obviously innocent as well as the
supposedly guilty.
So it is with meth. As a result, Uncle Sam is pushing
safe and effective medications behind the pharmacy
counter and potentially off the market.
At the same time, regulation by the Food and Drug
Administration is making it harder for pharmaceutical
companies to reformulate allergy, cold, and flu medicines
to meet consumers needs while satisfying federal
drug warriors. Everyone loses as a result.
Doctors cannot cure the common cold, but at least
patients can self-medicate. Over-the-counter remedies
(OTCs) offer relief and are available in most any
drugstore, grocery, or convenience shop. Traditionally it has
been no more difficult to purchase cold (or flu or
allergy) medicines than aspirin.
However, pills such as Sudafed contain pseudoephedrine
(PSE), which can be used to make meth. Since attempts to
destroy chemical labs, imprison sellers, and arrest users
have been no more successful than prior enforcement
campaigns in stemming the perceived epidemic, politicians
increasingly are declaring war on common cold remedies.
(Next may be campaigns against brake fluid,
Colemans fuel, hydrogen peroxide, rock salt, and
rubbing alcohol, which also are used in meth production.)
States have been competing with each other to penalize
anyone with the sniffles. At least 30 states have passed
legislation to limit the amount of OTC medicine consumers
can purchase, restrict the number of pills per package,
mandate that allergy and cold remedies be kept in locked
cabinets, limit sales to pharmacies, and require sellers
to maintain a registry of buyers.
Most extreme are states that have pushed sales behind
the pharmacy counter. Last year Oklahoma led the pack,
classifying cold medicines along with narcotics, limiting
sales to pharmacies. (Buyers would be allowed to buy only
limited quantities and would have to show an ID and sign an
official register.)
Oregon has gone much further, requiring that anyone
suffering from a cold get a prescription. NyQuil,
Claritin, Tylenol Flu, and their competitive cousins
would become controlled substances.
Congress, too, is threatening to step in. Legislators
have created a meth caucus. Rep. Mark Souder (R-Ind.),
among others, has berated federal drug enforcement
officials for being insufficiently vigorous in crusading
against meth.
Supposed advocates of limited government such as Senators
Lindsey Graham (R-S.C.) and Jim Talent (R-Mo.) are
pressing for federal restrictions on consumer sales of
cold medicine. The Senate has approved legislation to
limit the purchase of allergy and cold remedies and push
them behind pharmacy counters nationwide.
Although meth harms some users, as John Tierney of the
New York Times has pointed out, there is no
evidence of a dramatic national upsurge in abuse.
Moreover, local labs have spread because of steadily
tougher crackdowns on amphetamine pills, once widely
available over the counter and with prescriptions.
Former San Jose Police Chief Joseph McNamara, a former
chief of police in San Jose, observes, Its
just a continuing strategy that we have to have a
drug panic. Ironically, even the Bush
administration has played down superheated talk of a meth
epidemic, which is why Representative Souder was so
upset. But the administration can hardly be accused of
weakness in drug enforcement: it has sought to prevent
even the sick and dying from using marijuana.
Alas, the facts rarely get in the way of a popular
political campaign. Even assuming a growing problem
requiring government attention in fact, its
long been obvious that drug prohibition violates
individual liberty for no good reason and creates far
more harm than benefits the new measures
wont do much to curb drug abuse.
The largest production facilities are located either in
California, relying on pseudoephedrine smuggled in bulk
from Canada or Mexico, or in Mexico. Indeed, the recent
crackdown in the United States has pushed production
south of the border, where authorities, already
overwhelmed by the cocaine and marijuana trades, are
ill-prepared to respond.
Even banning the sale of cold pills wouldnt inhibit
this production. And given how ineffective Washington has
been at interdicting cocaine and marijuana shipments,
theres little doubt that drug traffickers can bring
in more than enough meth to satisfy willing customers. All the government is doing is turning a health and moral
problem into a legal and criminal one as well.
Although new regulatory restrictions wont do much
to prevent meth production or sales, they will greatly
inconvenience anyone who gets sick. Going to a doctor for
a prescription is intrusive, time-wasting, and expensive.
It further inflates already inflated health care costs.
A requirement that drugs be purchased at a pharmacy or
behind the counter is a particular bother, especially for
anyone in a rural area or who gets sick at night. Even
people near big stores would have to wait in pharmacy
lines instead of picking up an easy-to-buy OTC remedy.
Purchase limits penalize larger families when several
members are sick.
Sellers also would suffer. Convenience stores would lose
a steady business. Pharmacies would waste space and staff
handling formerly OTC sales.
Store personnel would become quasi cops. Druggists would
be checking IDs and maintaining logs for cold pills
rather than worrying about real problems warning
consumers against possible dangerous drug interactions,
for instance.
Nevertheless, politics seems determined to trump good
sense. So retailers and sellers have responded.
Some stores have begun limiting quantities of PSE-based
medicines that can be purchased and the Consumer
Healthcare Products Association, representing the OTC
industry, has proposed model state legislation limiting
dosages per package. The online auction service eBay has
banned the sale of medicines containing PSE.
Moreover, cold pill manufacturers have begun looking for
alternatives. For instance, Pfizer has created Sudafed
PE, which uses phenylephrine, an older ingredient that
cant be used in meth production (but that is also a
less effective decongestant).
Better would be for companies to develop new and better
products. But FDA rules, which would run new medicines
and even new combinations of old medicines through the
usual regulatory gamut, makes any improvement difficult
and expensive.
The FDA has long impeded the discovery, production, and
marketing of medicines, even those with potentially
life-saving uses. It does even more to impede access to more
mundane products, in this case those directed at the common
cold.
If government is going to make it hard for patients to
buy anti-cold remedies, it should at least allow firms to
speedily develop new medicines using phenylephrine or
reformulated existing products. Or to develop new
remedies.
Theres no need to compromise safety which
wouldnt be in the interest of producers. It makes
even less sense for government to claim to be
able to determine which form of medicine is most
effective.
For years unnecessarily intrusive agency regulation has
delayed patient access to a host of important
medications, harming health and costing lives. Today FDA
regulatory barriers are inhibiting drug developments that
could protect the sick from unnecessary inconvenience
caused by todays misguided meth enforcement
campaign.
Like other drug panics, the meth crisis will eventually
pass. In the meantime, however, Washington should stop
treating people with the sniffles as if they are
criminals.
Doug Bandow is a senior fellow at the Cato Institute. Send him email.
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