High Court holds meth law unconstitutional

Friday, Dec. 20, 2002 | 11:22 a.m.

CARSON CITY -- A law that makes it a crime to possess a majority of the ingredients required to manufacture methamphetamines was declared unconstitutional today by the Nevada Supreme Court.

The court said it recognized the "evil" the law was attempting to address. But it said the law does not contain an "intent element" and thus it imposes criminal sanctions on what is otherwise non-criminal activity.

The ruling, which comes from two criminal cases from Washoe County, said the law is not meant to convict a person simply because an individual possesses a combination of a few common household items that could be used in the manufacture of a controlled substance.

"But without an intent element, the statute infringes on an individual's liberty interest," said the court. The court also said the law fails to describe the "ingredients" required to manufacture a controlled substance. In testimony to the Legislature the list of ingredients included such things as pots and pans, tubing, funnels, buckets bottles and coffee grinders and filters.

The ruling said this permits arbitrary and discriminatory enforcement of the law. It said the law fails to provide law enforcement officials with guidance on what is illegal.

Testimony in the cases in Washoe County from a drug enforcement agent said common substances such as cold-flu medicines, red phosphorus which can be extracted from common household matches and iodine, can be used to make methamphetamine.