By Howard Greninger
TERRE HAUTE — A county ordinance aimed at ingredients used in over-the-counter allergy and congestion medicines should be amended to account for sellers of the product, said Vigo County Sheriff Jon Marvel.
The sheriff wants to hold sellers responsible for the number of packages sold weekly
“There is a loophole in [the ordinance] we found … that makes it difficult to enforce, as [the ordinance] is not specific enough,” Marvel said.
Vigo’s 2004 ordinance targets ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine hydrochloride, pseudoephedrine sulfate and phenylpropanolamine, substances used to make methamphetamine.
The county ordinance was passed before a state law that also targets meth ingredients.
Vigo is the only county with a local ordinance because it was passed before the state law took effect.
Marvel on Tuesday asked the Vigo County Board of Commissioners to amend a section of the ordinance that states that is unlawful for any customer to buy or acquire more than two packages of products containing ephedrine within a seven-day period.
As amended, it would read that “it is unlawful for any customer to purchase or for a permittee to sell to the same customer, more than two packages of products containing ephedrine within a seven-day period.”
County Attorney Robert Wright said that “people selling the product can sell two packages at a time under the current ordinance, and while unlawful for the person to buy more than one time in a seven-day period, it doesn’t apply to the seller.”
“If we are really going to stop it, the seller is the one we have to control because they have some responsibilities, because generally, people who are buying this in large quantities have other issues that are much greater than this ordinance violation, so they are not too concerned.
“The seller should be concerned because they are a business in our community,” Wright said.
After the meeting with commissioners, Wright said it has been his experience violations have “been more of the convenience stores that have been selling to the same people day after day, but they just don’t sell more than two packages at a time. As long as they don’t sell more than two packages at a time, under the existing ordinance, there is nothing we can do,” Wright said.
“It is a violation for the buyer to buy more than once in every seven days, but people will sign the sheets [required to purchase materials]. Those sheets show that the same man or woman keeps showing up and buying it. As long as they don’t buy more than two packs, the retailer doesn’t seem to be concerned,” Wright said.
Wright said at least seven or eight cases have been dismissed because of the loophole.
The county attorney will prepare an amendment, however he voiced concern about “what effect the state ordinance might have, if that precludes us from amending our ordinance. I will check into that.”
Wright said if county officials want the amendment, it could place the county under the state law, which means the county prosecutor’s office would be responsible for enforcing the law, instead of the county attorney.
Ashraf Vahora, manager of the Express Mart, in the 300 block of South Third Street, said the proposed change will not have much effect on his business, as buyers are still limited to buying two packages per week.
“Every time we have someone sign the book and write down how many [packages] we give them. We track every customer. We don’t give them extra, no more than two, and we look back at last week’s log to make sure it has been at least seven days ... or we don’t sell,” he said.
Jane Herdahl, manager of Jiffy Mini-Mart in the 5000 block of Lafayette Ave., said she sees little need for an ordinance amendment.
“We know who the bad guys are and don’t sell it to them,” she said. “I think [the county ordinance] should stay the way it is. We try to watch to make sure people only get the limit they are supposed to, but we have a lot of business and can’t watch everyone, but we do try to keep the names straight” on the required sign-in sheets.
Howard Greninger can be reached at (812) 231-4204 or howard.greninger@tribstar.com.
