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  i wonder is this a violation of the 5th amendment. the city if forcing you to give a third party (the pharmacy) information which is turned over to the police? i guess it doesnt matter. if it is it will be just one more of the 1000's of unconstitional laws on the books

Original Article

Phoenix laws on cold pills in effect
Buyers must put name in log book

Monica Alonzo-Dunsmoor The Arizona Republic Dec. 6, 2005 12:00 AM

If you've got the sniffles and are looking for an over-the-counter remedy, be prepared to whip out photo identification and share some personal information with the store clerk or pharmacist.

Two new Phoenix laws that take effect today require customers who buy any cold medication containing pseudoephedrine to write down their name, date of birth and address in a log book that shop owners will turn over to police each month. Retailers also will track the quantities of pseudoephedrine that customers buy.

Phoenix officials laud the new restrictions as a way to ratchet up their fight against methamphetamine. Pseudoephedrine is a crucial ingredient in cooking the illegal drug.

"Meth is a huge, huge problem in our community and really across the nation," Phoenix Police Chief Jack Harris said. "I think these laws are going to be effective because they're going to be a deterrent. Anything that makes it more difficult to get the materials to make methamphetamine is going to make it effective."

In the past 12 months, law enforcement officials busted nearly 150 meth labs in Phoenix.

Phoenix police Sgt. Don Sherrard said the logs will be a useful tool for the narcotics detectives.

"It will give us direct information and let us spot trends in purchases," he said. "And it works on the paranoia that methamphetamine naturally creates. If they have to show ID, it's going to stop a lot of them from doing that."

Retailers also are required to keep products that contain pseudoephedrine locked up or behind the counter.

Cottonwood, Tucson and Camp Verde have approved similar laws, but Phoenix appears to be the first to include a forfeiture clause. That means that if police spot products with pseudoephedrine on open shelves instead of being restricted from public access, police can seize the medications and destroy them. The ordinance allows police to give one warning to store officials, and court hearings could be held before the products are destroyed.

"I think that it might help some," said Frank Roberts, 39, of Phoenix. "And I think the police have really put a big dent in meth. They've restricted so many of the ingredients that the drug is not as potent as it was two years ago. But they're never going to get it completely off the streets."

Customers without a current driver's license or passportor without a tribal, military or state-issued identification card will not be able to buy the products at all.

Jose Chavez, 19, of Phoenix sees a flaw in the law because it doesn't allow people without identification to get simple remedies.

"What if you don't have ID?" he said. "It's going to be tough to get the medication you need for your family.

"And (the laws) might help, but if people are sick, they're not going to want to be waiting in line," he said. "They're going to want to get in and out. It's going to be an inconvenience."

Karen Giroux, director of retail regulatory agency relations for Bashas' grocery stores, said that it's likely that once consumers learn more about why the new laws are in place, there may be less frustration.