Legislative Updates

Methamphetamine Legislation Approved by Health and Human Services Committee

Augusta - A bill to stem the increase of methamphetamine manufacturing in Maine was unanimously passed by the Health and Human Services Committee last Friday in Augusta. Attorney General Steven Rowe proposed the Legislation.

It imposes restrictions on the sale of solid pills containing common methamphetamine ingredients, primarily pseudoephedrine products such as Sudafed. Under the bill, these pills will have to be kept behind the pharmacy counter and obtained from a pharmacist or a pharmacy technician, although a prescription is not necessary. A single-dose packet can be sold without involvement of a pharmacist as long as the packets are displayed in sight of employees, to prevent theft. It does not restrict the sale of gel caps or liquid pseudoephedrine products. The bill includes an amendment authorizing the Director of the Maine Office of Substance Abuse to promulgate future rules, moving these other forms of pseudoephrine to the pharmacy if she determines that it is a threat public health and safety. The bill now moves through the house and the Senate toward final enactment in the next few weeks.

Olyvia's Law

Augusta -- Friday (May 20) was a bittersweet day in Augusta for Stacy Smith, second from right. Together with, from left, Rep. Susan M. Austin (R-Gray), Rep. Michael A. Vaughan, (R-Durham) and far right, Senator Lois Snowe-Mello (R-Poland), Smith looked on as Governor John Baldacci signed "Olyvia's Law" into law. LD 438, a "Resolve, To Improve Access to Emergency Services in State Parks and in the Maine Wildlife Park," Olyvia's Law, was enacted by the Legislature this session in response to the tragic death of "Baby Olyvia, " Smith's infant daughter.

The resolve signed by the Governor directs the Departments of Conservation and Inland Fisheries and Wildlife to develop consistent emergency response plans within the Maine State Park system and the Maine Wildlife Park at Gray in hopes of avoiding a similar tragedy in the future.

In October 2003, three-month-old Olyvia died of "Sudden Infant Death Syndrome" while her family was visiting Gray's Maine Wildlife Park. It was presumed emergency services may not have saved her, however, the traumatic experience caused Smith to realize that Maine's state parks may be poorly equipped to respond to injuries or sudden illness within their borders. The experience prompted her to ask the Representatives and Senator to sponsor the legislation that resulted in "Olyvia's Law."
(Photo Courtesy of the Maine Senate Republican Office)

Ban on Alcohol Without Liquid moves forward in the House

Augusta -- The Maine House of Representatives Friday engrossed Rep. Mark Bryant's (D-Windham) bill to prohibit the sale and use of alcohol vaporizing machines, more commonly called Alcohol Without Liquid or AWOL. Left, Rep. Bryant.

The machines, which have only been available in the United States since August 2004, turn alcohol into a mist. Vaporized alcohol allows the user to inhale alcohol directly into the bloodstream, bypassing the stomach and intestines and sending the chemicals directly to the brain. By sending alcohol straight to the brain, the device is purported to create a more intense buzz while eliminating carbohydrates and hangovers. However, reports are inconclusive as to whether the vapor is evident on a breathalyzer test, or registers accurately on a blood test for blood alcohol content. Potential health risks from heavy use of the device include brain damage and damage to the mucus membranes in the nasal passages.

Bryant's proposal received the unanimous support of the Legal and Veterans' Affairs Committee, particularly since there was no opposition in the public hearing. Groups testifying in support of the ban included the Department of Public Safety, Office of Substance Abuse, Maine Association of Prevention Programs, Maine's Higher Education Consortium on Alcohol Consumption, U.S. Distilled Spirits Council, National Association of Beer Wholesalers, Maine Beer and Wine Wholesalers Association, Maine Restaurant Association, the Maine Beverage Company, and Diageo Distributors.

Despite no opposition during the committee's work on the bill, there was opposition on the floor of the House by Rep. Ken Lindell, R-Frankfort.
The House overwhelmingly supported Bryant's proposal, with only nine other members voting with Lindell.

Lindell again opposed the bill Friday during its second reading. He equated Bryant's proposal with prohibition, because he said that it interfered with the consumption of alcohol. He offered an amendment to try to block the ban on the devices. His amendment called to delay the ban until 2008, and asked the Department of Health and Human Services to study safety and risks of the devices over the next year. The amendment was defeated.

Maine is one of 14 states considering banning the sale and use of AWOL machines. Legislation has also been submitted at the federal level to temporarily ban the devices pending the review of the Food and Drug Administration's review. It was not reviewed because the machine falls into a grey area of being a device rather than an alcohol product, and avoided government oversight.

The House will consider final enactment of the ban on AWOL machines next week.