Aug 8, 2006

SEA 193 Controlled Substances

Pharmacists and cold sufferers have become the newest innocent casualties in the war on drugs. In a blatant invasion of the privacy of lawful buyers and sellers, the legislature now requires pharmacists to keep a log of all buyers of any product containing ephedrine or pseudo-ephedra, chemicals commonly found in over-the-counter medications such as cough syrup and everyday pain relievers. Law enforcement officers can inspect, on demand, the log of any pharmacist and the new law allows the Indiana Criminal Justice Department to obtain log statistics. The government can now monitor you simply because you buy cough medicine. The law also classifies the possession of two or more precursors with intent to manufacture methamphetamine a class D felony. Intent is a vague, ambiguous, and hard to prove standard to prosecute someone. Most everyone owns two or more precursors since precursors include cough syrup, caffeine pills and gasoline. So we’ve put ourselves in a position where, at a police officer’s discretion, felony arrests can be made based on ownership of everyday household products.

Authors: Richard D. Bray & Lindel O. Hume
Sponsor: Ralph M. Foley

SEA 247 Homeland Security

The excesses of the Homeland Security Administration have come to Indiana. Since its inception shortly after September 11, 2001, the department has consistently overstepped the bounds of privacy, decency and the Constitution. This new Indiana law brings the Department of Homeland Security to our own back yards. Not only do all Americans have to worry about wire-tapping, warrantless searches, no-knock warrants, the USA Patriot Act, and indefinite imprisonment without trial, but now Hoosiers will be asked to subsidize their very own Indiana Intelligence Fusion Center and the Counter-Terrorism and Security Council. These agencies will be charged with combating the specter of terrorism with the very same unconstitutional methods that the Federal DHS uses and will have its records exempted from the open records law, eliminating all semblance of accountability in the system. This critical blow to the 4th, 5th, 6th, 8th, and 14th Amendment rights of Indiana residents also includes a provision granting the Department of Corrections the ability to read prisoners’ mail.

Author: Thomas J. Wyss
Sponsor: William J. Ruppel
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