Efforts to Control Precursor Chemicals

Overview

With the exception of cannabis, every illicit drug requires chemicals to be refined to its final, consumable form (e.g. the coca plant to cocaine, the poppy plant to heroin), or is purely the result of chemical synthesis (e.g. methamphetamine, ecstasy, etc).

Law enforcement agencies are aware that chemical control is a critical element in the struggle against illegal narcotics and synthetic drugs. Because many legitimate industrial chemicals are also necessary in the processing and synthesis of most illicit drugs, preventing the diversion of these chemicals from legitimate commerce to illicit drug manufacturing is especially challenging. Further, since so many chemicals listed as illicit drug precursors are manufactured all over the world, international cooperation combined with a comprehensive chemical control strategy is essential to achieve a lasting impact.

Although many precursor chemicals are diverted throughout the world, methamphetamine precursors are the most significant problem in the US and Mexico; specifically pseudoephedrine, ephedrine, and pharmaceutical preparations containing these substances (commonly known as "combination products").

Domestic Efforts

In response to the increased threat from methamphetamine, United States law enforcement agencies have increased their efforts both domestically and internationally to stem the flow of methamphetamine and the precursors that are used to produce it. States have also taken decisive action with dramatic results.

According to DEA analysis, the price per pure gram of methamphetamine increased during the first three quarters of 2007, rising from $141 to $244, an increase of 73 percent. At the same time the average purity of methamphetamine in the U.S. market dropped by 31 percent, from 56.9 percent to 39.1 percent. These price and purity trends, along with consistent declines in methamphetamine lab seizure incidents, indicate that a significant disruption is occurring in the U.S. methamphetamine market.

The Synthetic Drug Control Strategy, released by the Administration in 2006, established the goal of reducing methamphetamine abuse by 15 percent, reducing prescription drug abuse by 15 percent, and reducing domestic methamphetamine laboratory incidents (seizures of methamphetamine labs, lab equipment, or lab waste) by 25 percent, all by the end of 2008, using 2005 data as a baseline. Thanks to the enactment of chemical control laws at the State, then Federal, levels; the outstanding efforts of State, local, and tribal law enforcement; and initiatives in chemical source, transit, and producing countries, methamphetamine laboratory incidents recorded in EPIC's database declined by 48 percent by the end of 2006-almost twice the established goal and 2 years ahead of schedule.

The Combat Methamphetamine Epidemic Act (CMEA) of 2006 established stricter national controls for the sale of products containing ephedrine and pseudoephedrine and has proven to be a valuable tool. The Act's retail sales restrictions, stronger criminal penalties, and provisions for enhanced international enforcement have directly contributed to the sharp reduction in domestic methamphetamine production. The number of small toxic labs (STLs) that can surreptitiously expose children and other innocent bystanders to highly toxic chemicals has been greatly reduced and domestic superlabs (defined as capable of producing 10 or more pounds of methamphetamine per production cycle) are now far less common.

The Combat Meth Act:

1) Restricts the sale of necessary ingredients to make methamphetamine;

2) Creates new DEA classification for methamphetamine precursors;

3) Provides critical resources to local law enforcement and state and local governments;

4) Enhances international enforcement against meth trafficking;

5) Provides services for children affected by the spread of meth;

6) Enhances environmental regulation of methamphetamine by products;

7) Enhances criminal penalties for meth production and trafficking;

8) Addresses methamphetamine use by pregnant and parenting women offenders;

International Efforts

Over the past few years, increasing production of methamphetamine within Mexico has been indicated by increased seizures at the US Southwest Border, reports of additional methamphetamine lab seizures within Mexico, and reports from state and local law enforcement throughout the United States concerning the influx of out-of-state methamphetamine within their jurisdictions.

Law enforcement efforts, the CMEA, and tightened precursor chemical restrictions in Canada contributed to a significant decline in methamphetamine production in the United States. However, this progress has caused production to shift to Mexico. Mexico's Federal Commission for the Protection Against Sanitary Risk (La Comisión Federal para la Protección contra Riesgos Sanitarios, or COFEPRIS) has responded to this threat by taking stringent steps to counter chemical precursor diversion. Previously, COFEPRIS placed restrictions on chemical importers, limited imports to only three ports, and required that pseudoephedrine in transit be kept under guard. The Government of Mexico has recently gone even further, announcing last year that as of January 2008 the importation of pseudoephedrine and ephedrine would be banned completely. Sellers of pseudoephedrine products must deplete their remaining supplies by 2009, after which use of these products will be illegal in Mexico. Until then, consumers will need a doctor's prescription to obtain these drug products. These new policies represent bold moves that promise to significantly disrupt the methamphetamine trade in the years ahead.

DEA and other agencies have concentrated their efforts on stemming the flow of methamphetamine from Mexico and have built relationships with Mexican law enforcement and intelligence counterparts. Nonetheless, methamphetamine continues to ravage far too many communities across the country, and law enforcement agencies must stand ready to confront new sources of methamphetamine as traditional sources come under increasing pressure. For example, despite the committed efforts of the Royal Canadian Mounted Police, Canada may be reemerging as a source country for methamphetamine. After implementing tighter import controls in 2003, Canada ceased to be a major source of bulk pseudoephedrine for U.S. domestic labs. However, the production of methamphetamine is now increasing in Canada. Clandestine producers acquire pseudoephedrine through brokers in Asia. As the pressure on the U.S. methamphetamine market increases, Canadian producers may be tempted to expand their exports to the United States. Law enforcement agencies in the Great Lakes, New York/New Jersey, and New England regions are reporting an increased availability of Canada-produced methamphetamine, particularly in a tablet form that is sometimes sold as MDMA to unsuspecting buyers.

Multi-faceted Approach

ONDCP, the DEA, and the Department of State are working with the major pseudoephedrine and Ephedrine producing/exporting countries of China, Germany, and India on a multi-faceted approach to address the issue of precursor diversion. In late February 2006, the DEA hosted a meeting in Hong Kong with Law Enforcement Officials from India, Germany, and several major pseudoephedrine and ephedrine importing countries to discuss pseudoephedrine and ephedrine diversion control issues. There was an overall agreement that more must be done internationally to control diversion and it was a significant first step in the process.

The battle against methamphetamine includes a global campaign to prevent the diversion of precursor chemicals by all producing, transit, and consumer nations. International cooperation has shown promising results. Two international entities have played a crucial role in this effort: the United Nations (U.N.) Commission on Narcotic Drugs (CND) and the International Narcotics Control Board (INCB). The CND is the central policymaking body within the U.N. system dealing with drug-related matters. The INCB is a quasi-judicial independent body that monitors the implementation of the three U.N. international drug control conventions.

Building on the passage of a United States-sponsored 2006 CND resolution that requested governments to provide an annual estimate of licit precursor requirements and to track the export and import of such precursors, the United States in 2007 supported a resolution drafted by the European Union that asks countries to take measures to strengthen oversight over pseudoephedrine derivatives and other precursor alternatives. The INCB Secretariat's program to monitor licit shipments of precursor chemicals through its Pre-Export Notification (PEN) online system has been further strengthened by the availability of these national licit estimates. The INCB can use these estimates to evaluate whether a chemical shipment appears to exceed legitimate commercial needs. Armed with this data, the INCB can work with the relevant countries to block shipments of chemicals before they are diverted to methamphetamine production.

Conclusion

The United States has made progress in the fight against methamphetamine and other synthetic drugs by targeting the diversion of essential precursor chemicals. This type of impact can be achieved globally if nations combat the problem through a multilateral approach. Disrupting the methamphetamine market will continue to hinge on our ability to work together to reduce the flow of its precursors-principally pseudoephedrine, ephedrine, and pharmaceutical preparations that include these chemicals.

Related Resources:

For more information on precursor chemical control, refer to www.deadiversion.usdoj.gov. The Drug Enforcement Administration's Office of Diversion Control combats both the diversion of legal pharmaceuticals to illegal purposes and the diversion of chemicals to use in the production of illegal drugs.

The State Department's 2008 International Narcotics Control Strategy Report presents a more detailed global overview of International Chemical Control efforts at: http://www.state.gov/p/inl/rls/nrcrpt/2008/

For more information on the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and list of precursor chemicals frequently used in the illicit manufacture of narcotic drugs and psychotropic substances go to the International Narcotics Control Board website at www.incb.org.

The US Synthetic Drug Control Strategy which addresses precursor chemical control can be found at http://www.whitehousedrugpolicy.gov/news/press06/060106.html

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