Journal of the Clandestine Laboratory Investigating Chemists Association 1990-2017

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1,3-Dimethylurea Danville and Oakland, CA ...................... Inaug. Iss. (1990), p. 4 Hydrolysis to methylamine .................................. 1(3) 1991, p. 2 MDMA lab; Santa Ana, CA ................................ 2(3) 1992, p. 16 Precursor for o-methoxymethamphetamine ....... 1(3) 1991, p. 2 2,5-Dimethoxy-4-(N-propylthio)phenethylamine [2C-T-7] Report of possible therapeutic value, ................. 1(1) 1991, p. 3 dosage ranges, effects 2,5-Dimethoxy-4-(ethylthio)phenethylamine [2C-T-2] Report of possible therapeutic value, ................. 1(1) 1991, p. 3 dosage ranges, effects 2,5-Dimethoxyphenethylamine Seized in Salem, OR .............................. Inaug. Iss. (1990), p. 3 Spectra: FT-IR, GC/MS, GC/IR .............. Inaug. Iss. (1990), p. 5 2-Dimethylisopropylamine chloride HCl Precursor for methadone .................................... 1(3) 1991, p. 7 Abstacts 1st CLIC Seminar, Bring Your Own Slides ....... 1(4) 1991, p. 11 Session 1st CLIC Seminar, Keynote Speakers .............. 1(4) 1991, p. 12 1st CLIC Seminar, Poster Session ................... 1(4) 1991, p. 13 1st CLIC Seminar, Technical Papers ................ 1(4) 1991, p. 14 1st CLIC Seminar, Workshops .......................... 1(4) 1991, p. 12 2nd CLIC Seminar, Bring Your Own Slides ........ 2(4) 1992, p. 9 Session 2nd CLIC Seminar, Poster Session .................. 2(4) 1992, p. 11 2nd CLIC Seminar, Technical Papers .............. 2(4) 1992, p. 12 2nd CLIC Seminar, Workshops ........................ 2(4) 1992, p. 11

Chloroacetone Friedel-Crafts acylation to ................................... 1(2) 1991, p. 6 phenyl-2-propanone; from sulfuryl chloride Friedel-Crafts acylation to ................................. 2(4) 1992, p. 17 phenyl-2-propanone Chlorobenzene Unsuccessful attempt to manufacture ................ 1(1) 1991, p. 8 Grignard reagent Cocaine base Definition ............................................................ 2(1) 1992, p. 21 Confined Space California Code of Regulations; General .......... 2(3) 1992, p. 13 Industry Safety Orders Increase in seizure of buried labs ..................... 2(3) 1992, p. 10 Overview of problem, recommended ................ 2(3) 1992, p. 11 procedures Case study of death shows need for .................. 2(4) 1992, p. 8 written procedures Federal rules hoped for in October 1992 ............ 2(4) 1992, p. 7 October 1992 Deaths Explosion and fire, 1 dead ................................... 1(2) 1991, p. 8 Poly-drug lab, not associated with lab, ............. 2(2) 1992, p. 11 Okanogan, WA Diethyl ether Safely opening cans, peroxide formation ............ 2(3) 1992, p. 9

Ammonium chloride Precursor for methylamine .................................. 2(2) 1992, p. 9

Diphenylacetonitrile Precursor for methadone .................................... 1(3) 1991, p. 7

Amphetamine, optical isomer resolution TPC derivatives, spectra: GC/MS ..................... 2(1) 1992, p. 13

Ephedra plant material Species of ephedra, extraction for .................... 2(1) 1992, p. 11 ephedrine

Analytical Extraction of pH papers found at ...................... 2(2) 1992, p. 13 clandestine lab site useful Benzaldehyde Precursor for phenyl-2-propanone ...................... 1(2) 1991, p. 9 Production, selected MSDS information, ............ 1(2) 1991, p. 6 commercial uses Proposal to place in List I of Chemical ............... 2(4) 1992, p. 5 Diversion Act Benzyl chloride Failed attempt to make Grignard for PCP ........... 1(1) 1991, p. 8 synthesis Used to make Grignard reagent for .................... 2(3) 1992, p. 5 Chewbaca Darth method to methamphetamine Benzyl cyanide Precursor for phenyl-2-propanone ...................... 1(1) 1991, p. 5 Precursor for phenyl-2-propanone ...................... 1(3) 1991, p. 7 Precursor for phenyl-2-propanone ...................... 2(1) 1992, p. 8 Precursor to phenyl-2-propanone ..................... 2(2) 1992, p. 13 Booby traps, explosive “Improvised Explosive Device Profiles” .............. 1(1) 1991, p. 3 C-4 trap at door leading to lab, trip ..................... 2(1) 1992, p. 9 wire not connected; Joes, CO Lab seizure; ammonium perchlorate, .................. 1(3) 1991, p. 6 potassium chlorate; Canton, NC Set to destroy lab during intrusion; ..................... 2(3) 1992, p. 5 MDMA lab

Ephedrine “Chinese Ephedrine” ......................................... 2(1) 1992, p. 11 Tablet extraction lab; Portland, OR ..................... 2(1) 1992, p. 7 Ephedrine, optical isomer resolution TPC derivatives, spectra: GC/MS ..................... 2(1) 1992, p. 13 Fingerprints “The Use of Latent Prints In The ......................... 1(3) 1991, p. 9 Investigation of Clandestine Drug Labs” Viability on clandestine lab evidence .................. 1(3) 1991, p. 9 Formaldehyde Precursor for methylamine .................................. 2(2) 1992, p. 9 Freon-11 (trichloromonofluoromethane) “Establishing The Illegitimate Use of ................ 1(4) 1991, p. 27 Trichloromonofluoromethane in Clandestine Laboratory Investigations” Physical data ..................................................... 1(4) 1991, p. 28 Grignard reagent Chewbaca Darth method for ............................... 2(3) 1992, p. 5 methamphetamine Unsuccessful attempt to manufacture ................ 1(1) 1991, p. 8 Hydriodic acid Plating solution said to contain HCl .................. 2(1) 1992, p. 10 contains HI; Calabrian Corp., Somerset, NJ

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Moscow, Russia .................................................. 2(3) 1992, p. 8 Hydrogen sulfide Precursor for HI ................................................... 2(1) 1992, p. 8 Hypophosphorus acid Precursor for HI ................................................... 2(1) 1992, p. 8 Impurities, cocaine “N-Acetylnorcocaine: A New Cocaine ............... 1(4) 1991, p. 23 Impurity From Clandestine Processing. I. Indole Precursor for DMT ............................................... 1(2) 1991, p. 7 Injuries Passive exposure to HI results in ....................... 1(3) 1991, p. 5 collapsed lung in agent Iodine Increase sales in California ................................. 2(4) 1992, p. 3 Precursor for HI ................................................... 2(1) 1992, p. 8 Precursor for HI, recipe ....................................... 2(3) 1992, p. 6 Precursor for methamphetamine, ‘cold ............... 2(4) 1992, p. 2 method’ LSD Fraudulent sample of LSD actually ................... 2(2) 1992, p. 11 Bectin-Dickinson field test kit for LSD Lab equipment 50-liter reaction flasks ......................................... 1(2) 1991, p. 8 55-gallon drum, PVC condenser, hot ..... Inaug. Iss. (1990), p. 4 plate; phenyl-2-propanone Bed sheets used for filtering solutions, ............. 2(4) 1992, p. 15 Mexican nationals Canning jars in crock pot ..................................... 1(1) 1991, p. 8 Chest freezers used to cool condenser .............. 2(1) 1992, p. 8 water in phenyl-2-propanone lab Cook pan filled with oil ...................................... 2(4) 1992, p. 15 Crock pot ............................................................. 1(1) 1991, p. 8 Crock pot using oil bath ....................................... 2(1) 1992, p. 9 Electric trolling motor as a mixer ....................... 2(2) 1992, p. 10 Evaporative cooler pump used to ..................... 2(4) 1992, p. 15 circulate water through condensers Garbage can Soxhlet extracter, marijuana Inaug. Iss. (1990), p. 8 extraction process Glass bottle, 10-gallon ........................................ 1(1) 1991, p. 9 Glass bottles, ‘Desert’ method ............... Inaug. Iss. (1990), p. 7 Makeshift venting device, evidence of ................ 1(2) 1991, p. 8 methamphetamine manufacture identified No condensers on reaction flasks, .................... 2(4) 1992, p. 15 Mexican nationals Oil bath ................................................................ 1(1) 1991, p. 9 Portable propane burner and sand bath ............. 1(2) 1991, p. 9 Pressure cooker .................................................. 1(1) 1991, p. 8 Pressure cooker and canning jars, ................... 1(3) 1991, p. 17 HI-red P method Propane camp stove; causes forest fire ........... 2(4) 1992, p. 15 Recyclene R-2A, solvent recovery system ....... 2(2) 1992, p. 10 Rotary evaporators .............................................. 1(1) 1991, p. 7 Separatory funnels, made from 55-gallon ........... 2(3) 1992, p. 7 plastic barrels fitted with spigots Separatory funnels, made from 55-gallon ........... 2(3) 1992, p. 7 barrels with spigots Stove top; HI-red P reaction ignites .................. 2(3) 1992, p. 16 from hot burner Tableting press seized, methaqualone ............... 2(1) 1992, p. 9 lab; Bakersfield-Los Angeles, CA Lab seizure, 3-methylfentanyl

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Lab seizure, N,N-dimethylamphetamine N-Methylephedrine, HI and red P; ...................... 1(1) 1991, p. 6 Seattle, WA Phenyl-2-propanone and ..................................... 1(1) 1991, p. 5 N,N-dimethylformamide; Garland, TX Lab seizure, amphetamine Benzaldehyde-nitroethane condensation,Inaug. Iss. (1990), p. 3 LAH reduction; No. Carolina Catalytic hydrogenation of ................................. 2(2) 1992, p. 10 phenylpropanolamine; Fresno, CA Leuckart reaction; Melbourne, Australia ............. 1(1) 1991, p. 5 Lab seizure, cocaine extraction From leather suitcases; Scarborough, ON, ...... 2(4) 1992, p. 14 Canada Lab seizure, dimethyltryptamine (DMT) Cranston, RI ........................................................ 1(2) 1991, p. 7 Lab seizure, ephedrine tablet extraction ‘D&E Pharmaceuticals” tablets extracted ......... 2(2) 1992, p. 10 with methanol, methanol recycled; Sacramento, CA Tablet extraction lab found in storage ................. 2(1) 1992, p. 7 locker; Portland, OR Tablet extraction lab; Chico, CA ......................... 2(1) 1992, p. 8 Lab seizure, fire/explosion Lab explodes, cooker killed; Discovery .............. 1(2) 1994, p. 8 Bay, CA Methamphetamine, P2P, methylamine lab; ........ 1(2) 1991, p. 7 Phoenix, AZ Lab seizure, hydriodic acid Iodine, hydrogen sulfide, hypophosphorus ......... 2(1) 1992, p. 8 acid; Ft. Meyers, FL Lab seizure, location Basement of old church; Joes, CO ..................... 2(1) 1992, p. 9 Buried in pits, concealed by buildings; ............... 2(3) 1992, p. 7 underground CO. Department of Health Laboratory; ............... 1(1) 1991, p. 6 Denver, CO House trailer in remote woods ............................ 1(1) 1991, p. 7 Remote cabin on mountain side, ...................... 2(2) 1992, p. 11 generator, water storage tank School bus buried 15-20 feet below .................... 1(2) 1991, p. 8 ground Travel trailer in trailer park; Juneau, ................... 1(1) 1991, p. 5 AK Underground, concealed entrance ......... Inaug. Iss. (1990), p. 3 Lab seizure, marijuana extraction Soxhlet extraction; Vancouver, WA ....... Inaug. Iss. (1990), p. 7 Lab seizure, methadone Diphenylacetonitrile; Tonasket, WA .................... 1(3) 1991, p. 7 Lab seizure, methamphetamine ‘Cold method’, mixing dry chemicals in ............... 2(4) 1992, p. 3 2.5-gallon water bottle, procedure; Las Vegas, NV Buried bus; Riverside, CA ................................... 1(2) 1991, p. 8 Catalytic reduction, So. California .......... Inaug. Iss. (1990), p. 7 Catalytic reduction; Canton, NC .......................... 1(3) 1991, p. 6 Grignard reagent (Chewbaca Darth) ................... 2(3) 1992, p. 5 method; Perth, W. Australia

HI-red P, Mexican nationals; Big Sur, CA ......... 2(4) 1992, p. 14 HI-red P, Mexican nationals; Central ................ 2(4) 1992, p. 15 California HI-red P, auto-ignition of red P; Chico, ............... 2(3) 1992, p. 6 CA HI-red P, buried or concealed ............................. 2(3) 1992, p. 7 underground; high desert area of Kern and San Bernardino Counties, California HI-red P, reaction ignited while on .................... 2(3) 1992, p. 16 stove top causing fire; Las Vegas, NV HI-red P; Central Valley of California ..... Inaug. Iss. (1990), p. 4 HI-red P; Chico, CA ............................................. 2(3) 1992, p. 8 HI-red P; El Dorado County, CA ......................... 1(1) 1991, p. 9 HI-red P; Kern County, CA .................................. 1(2) 1991, p. 8 HI-red P; Lake Havasu City, AZ .......................... 1(1) 1991, p. 8 HI-red P; Lodi, CA ............................................... 1(1) 1991, p. 5 HI-red P; No. Carolina ............................ Inaug. Iss. (1990), p. 3 HI-red P; Phoenix, AZ ......................................... 1(1) 1991, p. 8 HI-red P; So. California .......................... Inaug. Iss. (1990), p. 7 Phenyl-2-propanone and methylamine, .............. 1(3) 1991, p. 7 alpha-phenylacetamide byproduct; Tonasket, WA Phenyl-2-propanone and methylamine, .............. 2(1) 1992, p. 8 explosives found, booby trapped; Joes, CO Phenyl-2-propanone and methylamine, .............. 1(2) 1991, p. 7 fire; Phoenix, AZ Phenyl-2-propanone and methylamine; .............. 2(3) 1992, p. 7 Grand Junction, La Junta, Lakewood, Lyons, and Thornton, CO Phenyl-2-propanone and methylamine; .............. 1(1) 1991, p. 5 Juneau, AK Phenyl-2-propanone and methylamine; .............. 1(1) 1991, p. 5 Melbourne, Australia Phenyl-2-propanone and methylamine; .............. 1(1) 1991, p. 4 Portland, OR Phenyl-2-propanone and methylamine; .............. 1(2) 1991, p. 9 Portland, OR Phenyl-2-propanone and methylamine; .............. 2(2) 1992, p. 9 benzaldehyde-nitroethane condensation, iron-HCl hydrolysis; ammonim chloride, formaldehyde reaction to methylamine; Redding, CA Phenyl-2-propanone and methylamine; .............. 1(1) 1991, p. 7 central PA Processing ‘ICE’; Los Angeles, CA ..................... 1(1) 1991, p. 4 Recycling waste solvents for ............................... 1(2) 1991, p. 8 methamphetamine, explosion, cooker killed; Discovery Bay, CA Lab seizure, methaqualone Bakersfield, CA .................................................... 2(1) 1992, p. 9 Lab seizure, methcathinone Moscow, Russia .................................................. 2(3) 1992, p. 8 Seattle, WA .......................................................... 2(3) 1992, p. 7 Upper Michigan peninsula ................................. 2(4) 1992, p. 14 Lab seizure, methylenedioxyamphetamine (MDA) MDP2P and formamide; Waco, Tx ..................... 1(2) 1991, p. 6 Lab seizure, methylenedioxymethamphetamine (MDMA) Surveillance system, booby traps; ...................... 2(3) 1992, p. 5 Blenheim, NY Piperonyl and nitroethane; Seattle, WA .............. 1(1) 1991, p. 7 Safrole, isosafrole, 1,3-dimethylurea; ............... 2(3) 1992, p. 16 Santa Ana, CA Lab seizure, miscellaneous Police training materials, handouts ..................... 1(1) 1991, p. 7 found at lab site; Newport, OR

Lab seizure, phencyclidine (PCP) Central Falls, RI ................................................... 1(2) 1991, p. 7 Kern County, California ....................................... 1(1) 1991, p. 8 Lab seizure, phenyl-2-propanone Benzaldehyde-nitroethane condensation, .......... 1(1) 1991, p. 4 iron-HCl hydrolysis; Portland, OR Benzaldehyde-nitroethane condensation, .......... 1(2) 1991, p. 9 iron-HCl hydrolysis Benzaldehyde-nitroethane condensation,Inaug. Iss. (1990), p. 4 iron-HCl hydrolysis; Danville and Oakland, CA Benzaldehyde-nitroethane condensation,Inaug. Iss. (1990), p. 4 iron-HCl hydrolysis, Central Valley of California Benzyl cyanide and sodium ethoxide; ................ 1(1) 1991, p. 5 Lodi, CA Chattanooga, TN; and Jacksonville, FL .............. 2(1) 1992, p. 8 Chloroacetone, benzene, aluminum ................... 1(2) 1991, p. 6 chloride, sulfuryl chloride; Waco, TX Mandelic acid to phenylacetic acid, lead .......... 2(2) 1992, p. 11 acetate, methylamine; Phoenix, AZ Phenylacetic acid and lead acetate, ...... Inaug. Iss. (1990), p. 4 Central Valley of California Phenylacetic acid and lead acetate; ................... 1(1) 1991, p. 6 Denver, CO Phenylacetic acid and lead acetate; ................... 1(2) 1991, p. 9 Dufur, OR Lab seizure, poly-drug MDA, methaqualone, miscellaneous ................ 2(2) 1992, p. 12 chemicals; Austin, TX Methamphetamine, LSD, MDA; cooker found .. 2(2) 1992, p. 11 dead; Okanogan, WA Methamphetamine, MDMA; near ...................... 2(2) 1992, p. 12 Colorado-Wyoming border Lab seizure, poly-method Phenyl-2-propanone, methamphetamine; ........... 2(3) 1992, p. 5 Leuckart synthesis, HI-red P, ‘Sudafed’ tablets; Victoria, Australia Lab seizure, propylhexedrine extraction “A Clandestine Laboratory Extracting ............... 2(4) 1992, p. 25 Propylhexedrine From Benzedrex Inhalers” Lab waste dumping Hikers witness dumping of chemical ................... 2(1) 1992, p. 9 containers and waste in woods, methamphetamine identified Leather suitcase Leather soaked with cocaine, extraction .......... 2(4) 1992, p. 14 lab seized in Scarborough, ON, Canada Legal decisions “A Discussion of ‘Cocaine Base’ and ................ 2(1) 1992, p. 21 ‘Cocaine’ - The Case Law Concerning the Sufficiency of The Definition of Cocaine Base, The Correct Definition of Cocaine Base, And Which ‘Mixtures’ Should Be Treated As Cocaine Base For Purposes of Sentencing” “Recent Federal Decisions: Lab .......................... 1(4) 1991, p. 6 Prosecutions And a Few Others” Calculation of sentencing guidelines and ........... 1(4) 1991, p. 6 statutory penalties Controlled substance analog statute not ............ 1(3) 1991, p. 6 unconstitutionally vague; CA Appellate Court orders Sheriff to quit making ..................... 2(1) 1992, p. 4

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‘crack’; Broward County, FL Drugs not charged in indictment properly ........... 2(3) 1992, p. 4 used to determine sentence Expert testifies LSD and blotter paper ................ 2(2) 1992, p. 5 are not mixture, trial court accepts Federal sentence upheld based on ..................... 2(1) 1992, p. 4 quantity defendent claimed he could make Methamphetamine in over-the-counter ............... 1(4) 1991, p. 8 preparations does not effect scheduling Offense level for sentencing properly ................. 1(4) 1991, p. 9 determined using lab capacity Possession of methamphetamine oil (base) ....... 2(2) 1992, p. 4 not sufficient for charge of manufacturing Questions regarding methamphetamine labs ..... 1(4) 1991, p. 7 and their prosecution Scheduling of methamphetamine and other ....... 1(4) 1991, p. 6 drugs Supreme Court to consider DEA’s ...................... 1(2) 1991, p. 3 authority to impose temporary schedule new ‘designer drugs’. Temporary scheduling provision authority .......... 1(4) 1991, p. 8 uncertain; N-hydroxy-MDA Vick’s inhaler defense rejected by ...................... 1(4) 1991, p. 9 appeals court Weight of cocaine and cornmeal mixture ............ 2(3) 1992, p. 3 improperly used to determine sentence Legislation “Comparison of The Western United States ..... 2(3) 1992, p. 15 Manufacturing and Precursor Laws” Aminorex placed in temporary Schedule I .......... 2(4) 1992, p. 3 by DEA Chemical Diversion and Trafficking Act .............. 1(1) 1991, p. 2 of 1990 DEA seeks changes in chemical diversion ......... 2(4) 1992, p. 5 laws; ephedrine tablets targeted, eliminate ‘precursor’ and ‘essential’ chemicals and use ‘List I’ and ‘List II” chemicals, adds benzaldehyde and nitroethane to ‘List I’ DEA seeks to close ephedrine tablet .................. 1(1) 1991, p. 2 loophole in reporting law DEA seeks to emergency schedule .................... 2(2) 1992, p. 4 methcathinone Export controls on HCl and sulfuric acid ............. 2(4) 1992, p. 4 Precursor control, California .............................. 2(2) 1992, p. 13 Stronger control on chemicals urged .................. 1(3) 1991, p. 4 Liquid Red Liquid methamphetamine; Sydney, ..................... 2(4) 1992, p. 6 Australia

Methylamine gas Purchased as gas in cylinders to avoid .............. 2(1) 1992, p. 9 detection by DEA Methylphenylacetate Precursor for phenylacetic acid ........................... 1(3) 1991, p. 7 Mexican nationals Associated with HI-red P labs in Central .......... 2(4) 1992, p. 15 California Lab seized in Big Sur, CA ................................. 2(4) 1992, p. 14 Motorcycle gang Nuggets and Missing Links, Missouri .... Inaug. Iss. (1990), p. 3 N,N-Dimethylamine Precursor for DMT ............................................... 1(2) 1991, p. 7 N,N-Dimethylformamide Seized in dimethylamphetamine lab in ............... 1(1) 1991, p. 5 Texas N-Acetylnorcocaine Spectra: GC trace, GC/MS, FT-IR .................... 1(4) 1991, p. 24 N-Formylmethylenedioxyamphetamine Improper hydrolysis with hydrogen ..................... 1(2) 1991, p. 6 peroxide per Chem. Abstracts could result in explosion N-Hydroxy-3,4-methylenedioxyamphetamine Subject of challenge to authority of ..................... 1(4) 1991, p. 8 Attorney General to temporarily schedule new drugs N-Methylephedrine Seized in dimethylamphetamine lab; .................. 1(1) 1991, p. 6 Seattle, WA Nitroethane Precursor for phenyl-2-propanone ...................... 1(2) 1991, p. 9 Production information, commercial uses, .......... 1(2) 1991, p. 6 bulk quantities pricing Proposal to place in List I of Chemical ............... 2(4) 1992, p. 5 Diversion Act Opium Black pumice appearance, contains ................... 2(2) 1992, p. 9 heroin

Mandelic acid Precursor for phenylacetic acid ......................... 2(2) 1992, p. 11

Optical isomers, resolution “Separation And Identification of Drug .............. 2(1) 1992, p. 13 Enantiomers Via N-TFA-(S)-Prolyl Chloride Derivatization”

Methamphetamine, “ICE” Lab seizure in Los Angeles, CA .......................... 1(1) 1991, p. 4 With butalbital (3%) ................................ Inaug. Iss. (1990), p. 3

Ox Blood Liquid methamphetamine; Sydney, ..................... 2(4) 1992, p. 6 Australia

Methamphetamine, levo- optical isomer Vick’s inhaler defense rejected by ...................... 1(4) 1991, p. 9 appeals court

Oxalyl chloride Precursor for DMT ............................................... 1(2) 1991, p. 7

Methamphetamine, optical isomer resolution TPC derivatives, spectra: GC/MS ..................... 2(1) 1992, p. 13 Methcathinone In a cocaine vial; Eagle River, WI ..................... 2(2) 1992, p. 12 Proposal to emergency schedule by DEA .......... 2(2) 1992, p. 4

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Phencyclidine PCP base containing lidocaine and .................... 1(1) 1991, p. 8 bicarb; Fresno, CA Unsuccessful attempt to manufacture; ............... 1(1) 1991, p. 8 Kern County, CA Phenylacetic acid Stolen from storage at Portland State ................. 1(2) 1991, p. 8

University; Portland, OR Phenylpropanolamine Precursor for amphetamine ............................... 2(2) 1992, p. 10 Piperonyl Seized in MDMA lab; Seattle, WA ...................... 1(1) 1991, p. 7 Precursor suppliers Aldrich Chemicals ................................................ 1(2) 1991, p. 9 Chemicals For Research; Oakland, CA ............ 2(2) 1992, p. 13 Commonwealth of Independent States ............... 2(3) 1992, p. 8 (Azerbaidzahn and Byelorussia) Custom Chemical Co., Livermore, CA ... Inaug. Iss. (1990), p. 4 D&E Pharmaceuticals, NJ ................................. 2(2) 1992, p. 10 Emerald City Chemicals, owner sentenced ........ 1(3) 1991, p. 5 to 23 months; Kent, WA Intertech Trading; Ogden, UT ............................. 1(2) 1991, p. 9 Kodak Chemicals; Rochester, NY .................... 2(2) 1992, p. 10 National Purveyors; Pittsburgh, PA .................. 2(2) 1992, p. 13 Precursors, tablets/capsules ‘Sudafed’ pseudoephedrine tablets; .................... 2(3) 1992, p. 5 Victoria, Australia l-Ephedrine tablets; Chico, CA ............... Inaug. Iss. (1990), p. 7 l-Ephedrine, extraction lab; Sacramento, .......... 2(2) 1992, p. 10 CA l-Ephedrine, extraction procedure .......... Inaug. Iss. (1990), p. 7 l-ephedrine tablet extraction lab; ......................... 2(1) 1992, p. 7 Portland, OR Precursors, unusual 1,3-Dimethylurea .................................... Inaug. Iss. (1990), p. 4 N,N-Dimethylformamide ...................................... 1(1) 1991, p. 5 N-Methylephedrine .............................................. 1(1) 1991, p. 6 Red phosphorus from road flares ....................... 2(3) 1992, p. 6 Production capacity “A Spreadsheet Program For The ..................... 1(3) 1991, p. 12 Determination of Volumes of One and Two Phase Liquids in Round Bottom Reaction Flasks” Sentencing level properly determined ................. 1(4) 1991, p. 9 using lab capacity Table of height vs. volume for round ................ 1(3) 1991, p. 16 bottom reaction flasks Propylhexedrine Extraction from Benzedrex inhalers .................. 2(4) 1992, p. 25 Spectra: GC/MS ................................................ 2(4) 1992, p. 28 Red phosphorus From road flares .................................................. 2(3) 1992, p. 6 Reagent for HI, recipe ......................................... 2(3) 1992, p. 6 Reagent for methamphetamine, ‘cold ................. 2(4) 1992, p. 2 method’ Spontaneous ignition when sampled at lab ...... 2(2) 1992, p. 14 site References “Chemicals Used In The Preparation Of ............. 2(4) 1992, p. 4 Clandestinely Produced Drugs” Road flares Source of red phosphorus ................................... 2(3) 1992, p. 6 Safety “Alternative Method For Accessing ..................... 2(3) 1992, p. 9 Diethyl Ether Cans” “Case Study of Confined Space Death ............... 2(4) 1992, p. 8

Illustrates Need For Written Procedure” “Confined Space Safety And The ..................... 2(3) 1992, p. 11 Clandestine Laboratory” “Confined Spaces: General Industry ................. 2(3) 1992, p. 13 Safety Orders. Title 8 - California Code of Regulations, Article 108" “Seizure of Buried Laboratories On The ........... 2(3) 1992, p. 10 Rise; Confined Space Creates Extreme Safety Hazard” ‘Cold method’ methamphetamine labs on .......... 2(4) 1992, p. 2 rise Benzene use at clandestine labs in .................. 2(2) 1992, p. 11 California on rise, health hazards Federal confined space rule hoped for in ........... 2(4) 1992, p. 7 October 1992 HCl gas cylinders (lecture bottles), ..................... 1(1) 1991, p. 6 repacked with rock salt and sulfuric acid HI-red P reaction ignites on stove top ............... 2(3) 1992, p. 16 Incorrect recipe for hydrolyzing ........................... 1(2) 1991, p. 6 N-formyl-MDA from Chem. Abstracts; explosion hazard Passive exposure to HI results in ....................... 1(3) 1991, p. 5 collapsed lung in agent Propane stove at camp site casuses ................ 2(4) 1992, p. 15 2-acre forest fire, stove used to cook methamphetamine; Medford, OR Spontaneous ignition of red phosphorus .......... 2(2) 1992, p. 14 when sampled at lab site Sentencing guidelines 1991 Federal sentencing guidelines ................... 2(1) 1992, p. 5 adopted; changes noted: ‘actual’ vs. pure methamphetamine and PCP, ‘ICE’ defined, precursor levels 1991 Federal sentencing guidelines ................... 1(2) 1991, p. 4 proposed; ‘ICE’ defined; ‘pure’ methamphetamine and PCP changed to ‘actual’; precursor levels Drugs not charged in indictment properly ........... 2(3) 1992, p. 4 used to determine sentence Evaluating clandestine lab evidence for ........... 2(4) 1992, p. 29 court Weight of cocaine and cornmeal mixture ............ 2(3) 1992, p. 3 improperly used to determine sentence Sodium ethoxide Precursor for phenyl-2-propanone ...................... 1(1) 1991, p. 5 Precursor for phenyl-2-propanone ...................... 1(3) 1991, p. 7 Precursor for phenyl-2-propanone ...................... 2(1) 1992, p. 8 Spectra 2,5-Dimethoxyphenethylamine: FT-IR, .. Inaug. Iss. (1990), p. 5 GC/MS, GC/IR GC/MS; TPC derivatives of ............................... 2(1) 1992, p. 13 phenethylamines, table of ions for ring substituted phenethylamines N-Acetylnorcocaine: GC trace, GC/MS, ........... 1(4) 1991, p. 24 FT-IR Propylhexedrine: GC/MS .................................. 2(4) 1992, p. 28 Street names Jet crank .............................................................. 1(1) 1991, p. 4 LAX; l-acetyl-3,4-methylenedioxy- ...................... 2(3) 1992, p. 4 isoprenaline HCl Ox Blood or Liquid Red; Sydney, ........................ 2(4) 1992, p. 6 Austrailia Rocket fuel ........................................................... 1(1) 1991, p. 4 Willie Pete; slang for white phosphorus .............. 2(3) 1992, p. 6

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Surveillance Perimeter sensors, traps, and video ................... 2(3) 1992, p. 5 cameras; MDMA lab Syntheses, N,N-dimethylamphetamine N-Methylephedrine, HI and red P ....................... 1(1) 1991, p. 6 Phenyl-2-propanone and ..................................... 1(1) 1991, p. 4 N,N-dimethylformamide Syntheses, amphetamine Benzaldehyde-nitroethane condensation,Inaug. Iss. (1990), p. 3 LAH reduction Leuckart reaction ................................................. 1(1) 1991, p. 5 Syntheses, dimethyltryptamine (DMT) Indole, oxalyl chloride, dimethylamine ................ 1(2) 1991, p. 7 Syntheses, hydriodic acid Iodine, hydrogen sulfide, hypophosphorus ......... 2(1) 1992, p. 8 acid; Ft. Meyers, FL Recipe seized; Portland, OR ............................... 2(3) 1992, p. 6 Syntheses, hydrogen chloride gas Rock salt and sulfuric acid, in HCl ...................... 1(1) 1991, p. 6 lecture cylinders Syntheses, methadone Diphenylacetonitrile, ............................................ 1(3) 1991, p. 7 2-dimethylisopropylamine chloride HCl, bromoethane Syntheses, methamphetamine “Methamphetamine Via The Pressure .............. 1(3) 1991, p. 17 Cooker” ‘Cold method’, iodine-red P, in sports ................. 2(4) 1992, p. 2 cups ‘Cold method’: dry mixing of ephedrine, ............. 2(4) 1992, p. 3 iodine and red P ‘Desert’ method, HI-red P reaction ......... Inaug. Iss. (1990), p. 7 mixtures buried in hot desert sand Catalytic reduction of l-ephedrine with ... Inaug. Iss. (1990), p. 7 chlorinating agent, palladium black, and hydrogen Catalytic reduction, thionyl chloride, ................... 1(3) 1991, p. 6 palladium, hydrogen gas Chewbaca Darth method ..................................... 2(3) 1992, p. 5 HI-red P ............................................................... 1(1) 1991, p. 9 HI-red P in crock pot, canning jars, ..................... 1(1) 1991, p. 8 pressure cooker HI-red P reduction .................................. Inaug. Iss. (1990), p. 3 Phenyl-2-propanone and methylamine ............... 1(1) 1991, p. 4 Phenyl-2-propanone and methylamine ............... 1(1) 1991, p. 4 Phenyl-2-propanone and methylamine ............... 1(2) 1991, p. 8 Phenyl-2-propanone and methylamine ............... 1(3) 1991, p. 7 Syntheses, methaqualone anthranilic acid, o-toluidine, ................................. 2(1) 1992, p. 9 microcellulose Syntheses, methcathinone Increased yield over published method .............. 2(3) 1992, p. 7 using Jones reagent Syntheses, methylamine Formaldehyde and ammoniumn chloride ............ 2(2) 1992, p. 9 Syntheses, methylenedioxyamphetamine (MDMA) Typographical error in Chem. Abstracts; ............ 1(3) 1991, p. 2 correction

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Syntheses, o-methoxymethamphetamine o-Methoxy-P2P, formic acid, dimethylurea ......... 1(3) 1991, p. 2 Syntheses, phencyclidine (PCP) Grignard reagent, unsuccessful attempt ............. 1(1) 1991, p. 8 to manufacture Syntheses, phenyl-2-propanone “An Improved Preparation of ............................. 1(4) 1991, p. 10 Phenylacetone” - translated from Czech “Who Needs Regulated Chemicals? ................. 2(3) 1992, p. 17 Phenylacetone Synthesis Through a Friedel-Crafts Alkylation” Benzaldehyde-nitroethane condensation, .......... 1(1) 1991, p. 4 iron-HCl hydrolysis Benzaldehyde-nitroethane condensation, .......... 1(2) 1991, p. 5 iron-HCl hydrolysis, trend Benzaldehyde-nitroethane condensation, .......... 1(2) 1991, p. 9 iron-HCl hydrolysis Benzaldehyde-nitroethane condensation, .......... 2(2) 1992, p. 9 iron-HCl hydrolysis Benzaldehyde-nitroethane condensation,Inaug. Iss. (1990), p. 4 iron-HCl hydrolysis Friedel-Crafts acylation ....................................... 1(2) 1991, p. 6 Phenylacetic acid, acetic anhydride, .................. 1(3) 1991, p. 7 sodium acetate; benzyl cyanide and sodium ethoxide Phenylacetic acid, acetic anhydride; ................ 2(2) 1992, p. 13 benzaldehyde-nitroethane condensation, iron-HCl hydrolysis; benzyl cyanide, sodium metal, ethyl acetate; increase in No. California Phenylacetic acid, lead acetate ............. Inaug. Iss. (1990), p. 4 Phenylacetic acid, lead acetate; benzyl .............. 2(1) 1992, p. 9 cyanide, sodium metal, ethyl acetate; benzaldehyde, nitroethane; Joes, CO Trends in Southeast US: phenylacetic ................ 2(1) 1992, p. 8 acid, acetic anhydride; and benzyl cyanide, sodium ethoxide Syntheses, phenylacetic acid Mandelic acid ..................................................... 2(2) 1992, p. 11 Methylphenylacetate, hydrolysis ......................... 1(3) 1991, p. 7 Tablet press Seized in methaqualone lab; ............................... 2(1) 1992, p. 9 Bakersfield-Los Angeles, CA Testimony “Courtroom Presentation Of Clandestine .......... 2(4) 1992, p. 20 Drug Laboratory Cases” “In Search Of Reason: Evaluating .................... 2(4) 1992, p. 29 Clandestine Labs For Court” Training Clandestine Laboratory Model Enforcement ...... 2(1) 1992, p. 3 Program: Technical Assistance and Model Development; The Circle, Inc.

Casale, John F. “N-Acetylnorcocaine: A New Cocaine ............... 1(4) 1991, p. 23 Impurity From Clandestine Processing. I. Christian, Donn “Courtroom Presentation Of Clandestine .......... 2(4) 1992, p. 20 Drug Laboratory Cases” Christian, Donn and Schneider, Roger “Methamphetamine Via The Pressure .............. 1(3) 1991, p. 17 Cooker” Courtney, Max “In Search Of Reason: Evaluating .................... 2(4) 1992, p. 29 Clandestine Labs For Court” DEA Diversion Control Office “Chemicals Used In The Preparation Of ............. 2(4) 1992, p. 4 Clandestinely Produced Drugs”

McKibben, Tim “Separation And Identification of Drug .............. 2(1) 1992, p. 13 Enantiomers Via N-TFA-(S)-Prolyl Chloride Derivatization” McMahon, Richard J. “A Discussion of ‘Cocaine Base’ and ................ 2(1) 1992, p. 21 ‘Cocaine’ - The Case Law Concerning The Sufficiency of The Definition of Cocaine Base, The Correct Definition of Cocaine Base, And Which ‘Mixtures’ Should Be Treated As Cocaine Base For Purposes of Sentencing” Pawlowski, Robert “Case Study of Confined Space Death ............... 2(4) 1992, p. 8 Illustrates Need For Written Procedure” Poisson, Victor “Improvised Explosive Device Profiles” .............. 1(1) 1991, p. 3

Dovci, Jeffrey R. “Establishing The Illegitimate Use of ................ 1(4) 1991, p. 27 Trichloromonofluoromethane in Clandestine Laboratory Investigations”

Simpson, Nancy L. “Recent Federal Decisions: Lab .......................... 1(4) 1991, p. 6 Prosecutions And a Few Others”

Editor “Seizure of Buried Laboratories On The ........... 2(3) 1992, p. 10 Rise; Confined Space Creates Extreme Safety Hazard”

State of California “Confined Spaces: General Industry ................. 2(3) 1992, p. 13 Safety Orders. Title 8 - California Code of Regulations, Article 108"

Ekis, Thomas R. and Courtney, Max “Who Needs Regulated Chemicals? ................. 2(3) 1992, p. 17 Phenylacetone Synthesis Through a Friedel-Crafts Alkylation” Ekis, Thomas R., Courtney, Max, and Maberry, J.M. “The Use of Latent Prints In The ......................... 1(3) 1991, p. 9 Investigation of Clandestine Drug Labs” Ely, Roger A. “A Spreadsheet Program For The ..................... 1(3) 1991, p. 12 Determination of Volumes of One and Two Phase Liquids in Round Bottom Reaction Flasks” Heng, Brenda “Comparison of The Western United States ..... 2(3) 1992, p. 15 Manufacturing and Precursor Laws” Johnson, Pamela and Briner, R.C. “A Clandestine Laboratory Extracting ............... 2(4) 1992, p. 25 Propylhexedrine From Benzedrex Inhalers” Kizlink, J. “An Improved Preparation of ............................. 1(4) 1991, p. 10 Phenylacetone” - translated from Czech Largent, Daniel R. “Chinese Ephedrine” ......................................... 2(1) 1992, p. 11 Lazarus, Bruce “Confined Space Safety And The ..................... 2(3) 1992, p. 11 Clandestine Laboratory” Mann, Dale and Kusumi, Ray “Alternative Method For Accessing ..................... 2(3) 1992, p. 9 Diethyl Ether Cans”

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION INAUGURAL ISSUE — OCTOBER 1990

PRESIDENT’S MESSAGE Greetings and salutations to the members of CLIC. Its my pleasure to officially greet you upon the inauguration of our Journal. We are now an official non-profit mutual benefit corporation, with all the rights and responsibilities of that type of organization. Before CLIC came into being, there were (and still are) numerous problems associated with clandestine laboratory investigation and analysis. The preeminent problem, however, was one of unfamiliarity. This could range from going to a clandestine laboratory scene and not having the slightest idea what was occurring (and feeling like a fool since the “science geek” is supposed to have all the answers), to getting a liquid phase separated sample in the laboratory and not knowing how to begin to analyze it or even what the results mean if some data were generated. Attempts to answer questions arising from clandestine laboratory processes or analyses by searching the literature were soon found to be unsuccessful due to the lack of much relevant published research in this new and expanding area. This is not say there was a total lack of information in this area, but where was it? Soon, those of us actively involved in this field began to give presentations on our research at professional meetings, occasionally publish our findings and, most importantly, established an informal network of individuals sharing as much information as we had regarding any and all aspects of clandestine laboratory investigation. A little over a year ago, Roger Ely, in his own inimitable style, generated the idea of formalizing this loose-knit organization of various professionals into a group dedicated to increasing the knowledge of the processes, syntheses, safety, laws and analytical methods related to clandestine laboratories. Those of us contacted felt this was a concept whose time had come. We had all, at one time or another, “reinvented the wheel” and felt that a periodic publication linked with a central repository of information would be a positive resource we would offer. This would allow other scientists involved in this area a “shortcut” to information in this rapidly expanding field. The success of this Journal is dependant upon the members of this Association. We need input from all interested individuals. This will allow us all to profit, because what is currently being utilized in Texas may soon be seen in New Jersey. It will also allow us to spot trends that certain processes are following. Another activity we hope to set for next year is our first seminar. This gathering is envisioned as a 2-3 day meeting with presentations, workshops, panel discussions and an Association business meeting. Very tentatively, we have selected San Diego as a possible site for the meeting, to be held late next summer or early next fall. This type of seminar will hopefully take place yearly at various locations across the geographical boundaries of our membership and will be organized with the assistance of a seminar committee.

Association Officers President: J. Thomas Abercrombie CA DOJ Crime Lab 1500 Castellano Rd. Riverside, CA 92509 (714) 782-4170 Vice-President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Ken Fujii Contra Costa Sheriff's Crime Lab 1122 Escobar Street Martinez, CA 94553 (415) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Executive Board Members: Terry A. DalCason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640 Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Richard Bingle Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Additional committees, committee members and regional representatives will be generated and selected in the near future. As the committees are filled, they will publish their activities in the journal. In closing, I’d like to state that those of us involved in forming this Association foresee it as a growing and dynamic group. We intend to see it evolve relating to the needs and interests of the membership. In order for this to occur, we must establish communication. Therefore, please feel free to call or write me or any other officer regarding any aspect of CLIC. Your questions and comments will be dealt with as effectively as possible. So, until we meet in San Diego, take care and thanks for joining CLIC - it will be beneficial for all. Tom Abercrombie President

IN THIS ISSUE OF THE JOURNAL This issue of the Journal was to also be the first for the Association. However, it too was delayed because of Association matters. All individuals in our membership database, paid or not, are receiving this issue to give them a little taste of what we hope to accomplish here. Attached to this is a copy of the Association’s Constitution and Bylaws, as well as a roster of the current paid membership. If your name does not appear on this roster, you have not either submitted the membership application materials or paid your dues for 1991. If your name is not in the roster list, this will be the last time you will receive a mailing from CLIC. If you feel your name was left out in error, please contact the Membership Secretary Ken Fujii at (415) 646-2455 to clear up any discrepancies. For your convenience, a listing of the FAX telephone numbers for many of the responding agencies is included with the roster.

CONTRIBUTIONS TO THE JOURNAL

ABOUT THIS ISSUE ROGER A. ELY Editorial Secretary First of all, I would like to add my welcome to that of Tom’s for those of you receiving this inaugural issue of the Journal of the Clandestine Laboratory Investigating Chemists Association. This first issue has been a long time in coming and the path to get to this point has not been without a few bumps along the way. However, we are now open for business and look forward to meeting all of you and hearing from you on matters concerning this sometimes puzzling area of forensic science.

BUSINESS YEAR CHANGES Due to some minor squabbles and misunderstandings with the State of California, we have been delayed in the official starting of the Association. When the incorporation was first announced in the middle of June, it was decided the membership and business year for the Association would run from July to June. Unfortunately, the delays have pushed the starting date back to January 1,1991 and will make the business year coincide with the calendar year. We’re sorry for this delay, but it was quite unavoidable. Those of you paying dues within the past few months are paid in full for the year 1991. If you are one of those twisted individuals who balances your check book, and are even sicker if the balance really must balance, you’ve noticed your check has not been cashed. According to Mark Kalchik, all checks in his possession were banked during the week of October 22. If your check does not clear within your next accounting period, call Mark for more information.

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Well, we may be optimistic about calling this a Journal. However, it represents a commitment on our part to make this publication as useful and informative to the membership as we possibly can. To fulfil this commitment will require an active participation from you in contributing items of information to share with your fellow chemists. After 5 years of being the Newsletter Editor for a regional forensic association, it has become clear the readership can be likened to a black hole. Anything (information) getting near it will be swallowed up without a trace, with nothing given back in return. This publication needs membership support in the submission of narrative information concerning lab seizures, investigative methods, analytical methods, or trends being seen in your area. While the majority of the clandestine laboratories encountered in the United States are methamphetamine, this publication is in no way limited to speed labs. If you examine the attached roster, you will see we have members from Australia, New Zealand and Canada. We need to hear from all of the geographical regions as to what is being encountered in their investigations. For more information on contributing to the Journal, please contact me for the author’s guidelines. Of course, letters to the Editor and other comments are always welcome.

THAT’S A WRAP Well, that pretty much takes care of business for now. We hope you enjoy this first preview issue of the Journal and are able to use the information in the furtherance of your work. It is our pleasure to work with you and we hope hear from all of you very soon.

1990 - Clandestine Laboratory Investigating Chemists Association, Inc.

INAUGURAL ISSUE — OCTOBER 1990

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

COMMITTEE MEMBERS SOUGHT The Clandestine Laboratory Investigating Chemists Association is seeking volunteers from its membership to fill the following committees created by the President, Tom Abercrombie. The committees that were created are listed here, along with the expected range of duties and issues to be addressed by the individual committees.

TRAINING AND RESOURCES: This committee will be responsible for maintaining a collection of seized and legitimate recipes, video tapes, procedures, publications and other materials associated with the seizure and investigation of clandestine laboratories. The material will be cataloged for easy retrieval by the membership. The committee will also make recommendations for training requests within the Association; identify members as potential regional trainers; and serve as a liaison to other professional organizations.

SEMINAR: This committee will assist in the scheduling and arrangements for the Association’s annual meeting. The committee will evaluate sites for the meeting, assist in developing a program for the meeting; and assist with the actual running of the meeting by providing session moderators, vendor coordinators and others as needed.

LEGISLATIVE COMMITTEE: This committee will be able to provide, upon request, scientific information to local, state and Federal lawmakers or their foreign equivalents desiring to create legislation relating to drugs of abuse and/or their manufacture. The committee will also monitor current legislation being considered by a legislative body and report its progress to the membership. If you are interested in serving on one of the above committees, contact Tom Abercrombie at (714) 782-4170.

MEMBERSHIP: This committee is responsible for maintaining the membership records of the Association. This committee reviews new member applications to determine eligibility, class of membership and verification of employment. If you are interested in serving on this committee, contact Ken Fujii at (415) 646-2455.

materials, or other topics of interest to the scene responder; literature references; standard spectra of precursors, intermediates or final products from syntheses; and technical papers relating to the identification and examination of clandestine samples. The committee will not be required to actually produce these materials themselves. Rather, the committee will seek the information from other members or other sources as is necessary. The committee will also peer review submitted technical paper prior to publication. If you are interested in serving on this committee, contact Roger Ely at (415) 744-5051.

FOR YOUR INFORMATION LABORATORIES SEIZED IN NORTH CAROLINA In April of 1990, the North Carolina State Bureau of Investigation Crime Laboratory seized an ephedrine reduction laboratory using the hydriodic acid - red phosphorous method. Also seized with the laboratory was 3 ounces of large crystalline methamphetamine, commonly referred to as “ICE.” The methamphetamine crystals were large and translucent with a slight greenish tinge. Interestingly, the methamphetamine crystals contained approximately 3% butalbital by weight. This laboratory had recently moved from Pennsylvania to North Carolina. According to documents seized in the laboratory, the individuals had been associated with a laboratory seized in Pennsylvania in September 1989. Another laboratory seized in North Carolina in February 1990 was an amphetamine laboratory operated by members of the “Nuggets” - “Missing Links” motorcycle club out of Missouri. This lab used the benzaldehyde - nitroethane condensation route to form the 1-phenyl-2-nitropropene intermediate. The intermediate was reduced using lithium aluminum hydride to the final product amphetamine. The laboratory was set up in an elaborate, underground facility with a concealed entrance and had been in operation since 1985. Irvin Lee Allcox NC State Bureau of Investigation Crime Laboratory, Raleigh, NC

PUBLICATIONS: This committee is an information gathering committee responsible for obtaining information for publication in the Association’s Journal. This information includes new legislative efforts concerning clandestine laboratories; descriptions of new or variant routes of syntheses encountered at a clandestine laboratory site; unusual homemade equipment; unusual concealment efforts; reports of special sampling techniques, safety

INAUGURAL ISSUE — OCTOBER 1990

UNUSUAL PRECURSOR SHIPPED TO OREGON An individual in Salem, Oregon ordered 50 grams of 2,5dimethoxyphenethylamine from Custom Chemical Company in Livermore, CA. The individual told his girlfriend he was going to use the substance at a mushroom festival to test the potency of

1990 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION the mushrooms. The buyer moved leaving no forwarding address and he did not pay for his chemical purchase. Custom Chemical contacted the Oregon State Police in Salem, advising what chemical was sold and to whom. OSP traced the buyer to a new Salem address. 2,5-Dimethoxyphenethylamine is not a controlled substance under Oregon state law or under Federal regulation. Its activity in man is unexplored; however, it is predicted the substance would be rapidly metabolized in the liver yielding no physiological effect. It can be reacted in acetic acid with halogens to form active substances. For example, in the presence of bromine, 4bromo-2,5-dimethoxyphenethylamine (2-CB) is formed which is active, yet not a controlled substance. Instrumental data is presented for 2,5-dimethoxyphenethylamine on the accompanying pages. Aldrich Chemical Company sells 2,5dimethoxyphenethylamine for $16.00 per gram. Custom Chemical Company has been an supplier of precursors, reagents and apparatus to clandestine laboratories. Earlier in the spring, charges of financial structuring were filed by the Internal Revenue Service, and the business and its assets seized. Custom Chemical has since re-opened for business, closely following the 1988 Federal Chemical Diversion and Trafficking Act. Kathy Hays, Criminalist Oregon State Police Crime Lab Springfield, OR

UNUSUAL REACTION CONTAINER ENCOUNTERED Two related clandestine laboratories were seized in late August in the Danville and Oakland, California areas. The Danville laboratory was located in a residential garage; while the Oakland site was found in an automotive shop. Unusual reaction vessels were found at both locations. The main reaction container was a modified 55 gallon metal drum fitted with a homemade PVC pipe cooling condenser. The metal drum was heated with a common hot plate. The second reaction vessel was a one gallon gasoline can with a cooling condenser made from welded metal pipes. This vessel was also heated with a hot plate. Examination of samples removed from both sites indicated the suspects were manufacturing phenyl-2-propanone by the condensation of benzaldehyde and nitroethane in the presence of butylamine. The intermediate, 1-phenyl-2-nitropropene, was being hydrolyzed with iron and hydrochloric acid to phenyl-2propanone and was identified in several greenish colored liquids. Also recovered from the lab site were several pounds of rapidly decomposing sodium borohydride. Another odd chemical identified from the site was 1,3-dimethylurea. This is not the first time urea or urea derivatives have been encountered at clandestine methamphetamine laboratories.

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Does anyone have any ideas? If so, relay them to the Editorial Secretary for printing in the next issue.

VARIOUS ROUTES ENCOUNTERED IN THE CENTRAL VALLEY OF CALIFORNIA Within the last six months, the California Department of Justice Crime Laboratory in Fresno, California has encountered methamphetamine laboratories mainly using the hydriodic acid / red phosphorus reduction of l-ephedrine. Also seized was one phenyl-2-propanone laboratory using the phenylacetic acid / lead acetate dry distillation commonly seen in Northern California, Oregon, Washington, Utah and Montana; and one laboratory using the benzaldehyde / nitroethane route to 1-phenyl-2nitropropene with a subsequent acid hydrolysis in the presence of iron metal. The benzaldehyde / nitroethane route is a simple synthesis to perform. The initial reaction uses equimolar amounts of benzaldehyde and nitroethane in the presence of 5 ml of n-butylamine and 100 ml of alcohol per mole of precursors. The mixture is stirred and allowed to sit in the dark for up to 5 days. A yellow - orange precipitate is filtered from the reaction solution, mixed with iron, ferric chloride and dilute hydrochloric acid and refluxed several hours to form phenyl-2-propanone. The phenyl2-propanone can be extracted from the reaction solution with an organic solvent, or phase separated in a separatory funnel. The intermediate nitropropene can also be reduced by lithium aluminum hydride to directly make amphetamine. The benzaldehyde and nitroethane can also be reacted in acetic acid in the presence of ammonium acetate and refluxed for several hours. When the reaction cools, the nitropropene intermediate precipitates and can be removed by filtration. The intermediate is then converted as above to either phenyl-2propanone or amphetamine. This reaction has not been encountered that frequently on the west coast in the past five years. The reporting of these recent seizures suggest this route may be coming back into favor due to the lack of restrictions on the precursors benzaldehyde and nitroethane. Another advantage of this reaction is it can be performed without any heat for the synthesis of the nitropropene intermediate; it has a pleasant, cinnamon odor unlike the common phenylacetic acid routes; and it can be readily converted to phenyl-2-propanone or amphetamine in a single, simple step. Mark Kalchik CA DOJ Crime Lab Fresno, CA

1990 - Clandestine Laboratory Investigating Chemists Association, Inc.

INAUGURAL ISSUE — OCTOBER 1990

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

INAUGURAL ISSUE — OCTOBER 1990

1990 - Clandestine Laboratory Investigating Chemists Association, Inc.

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1990 - Clandestine Laboratory Investigating Chemists Association, Inc.

INAUGURAL ISSUE — OCTOBER 1990

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION CATALYTIC REDUCTIONS OF EPHEDRINE UP IN SOUTHERN CALIFORNIA Southern California has seen an increase in low pressure catalytic reduction methamphetamine labs since hydriodic acid can now only be purchased with a valid form of identification. The preferred alternative route utilizes thionyl chloride (or phosphorous pentachloride or phosphorous oxychloride) in conjunction with l-ephedrine or d-pseudoephedrine HCl to form the chloropseudoephedrine (1-phenyl-1-chloro-2methylaminopropane) intermediate. The intermediate is then catalytically reduced in alcohol using a palladium black catalyst. Of special note is that the intermediate itself is encountered as a consumable solid dosage drug. Analytically, this material could be misidentified as ephedrine or 1,2-dimethyl-3phenylaziridine if examined using GC/MS. (For information, refer to “Methamphetamine from Ephedrine: I. Chloroephedrines and Aziridines,” A.C. Allen and W.O. Kiser, Journal of Forensic Sciences, Volume 32, July 1987.) Other hydriodic acid / red phosphorous labs have been encountered in Southern California were the clandestine chemist did not use a commercial heat source with the reaction. This procedure has been found mainly in the desert areas. The chemist will prepare the reaction mixture of hydriodic acid, l-ephedrine HCl and red phosphorous and place it in a large glass bottle. The bottle is sealed and buried 12 -18 inches in the hot desert sand for 4 - 10 days. The chemist then removes the bottles and processes the methamphetamine as usual; or they have been found to sell the reaction mixture “as is “ to others for processing. This method provides the obvious advantage of easy concealment of the reaction from informants and law enforcement personnel. J. Thomas Abercrombie CADOJ Crime Lab Riverside, CA

EPHEDRINE TABLETS STILL BEING ENCOUNTERED AS PRECURSOR SOURCE The use of the common double scored white tablet containing l-ephedrine HCl is being encountered with greater frequency on the West Coast of the United States. With the US Government’s 1988 Chemical Trafficking and Diversion Act, the purchase of ephedrine HCl as a powder has become increasingly more difficult. Unfortunately, the tablets are exempt from the Act, as they fall under the jurisdiction of the Food and Drug Administration as a legitimate pharmaceutical product. As long as the tablets remain at a strength of 25 mg or less the tablets can be obtained from a variety of sources, predominantly mail order. When the tablets were first being encountered, the clandestine chemist would crush the tablets and extract the powder with

INAUGURAL ISSUE — OCTOBER 1990

water or alcohol to isolate the l-ephedrine HCl from the tablet binding materials. The water or alcohol would be evaporated and the crystalline ephedrine recovered. However, most clandestine cooks using the tablets are using the whole tablet without crushing, grinding or extracting them. The insoluble binders are filtered away from the reaction mass with the red phosphorous at the end of the reaction. Recently, the California Department of Justice Laboratory in Chico reported the seizure of a clandestine methamphetamine laboratory using small, white unscored tablets weighing approximately 23 mg each and found to essentially pure l-ephedrine HCl. The tablets were extremely crumbly, suggesting little or no binder was used to press the tablets. The tablets were packed in plastic bags weighing one kilogram. The lack of binder, excipient materials, the poor tableting of the material, and the weight of the packages strongly suggests the tablets are being manufactured specifically targeted for the clandestine laboratory precursor market.

HASHISH LABORATORY SEIZED IN WASHINGTON STATE A marihuana extraction laboratory was recently seized in rural dark County, in southwest Washington state. The extraction apparatus (Figure 1) was a converted trash can. A smaller trash can with a mesh screen bottom was filled with marihuana and suspended inside the larger container. Methylene chloride was placed in the bottom of the larger can and the whole container was sealed with an inverted lid. The methylene chloride was heated and a crude Soxhlet extractor was created. The methylene chloride condensed on the lid, dripped into the smaller can containing the marihuana, and the methylene chloride containing the marihuana residue falls back to the bottom of the large can. After a period of time, the heat is removed from the can and the apparatus is allowed to cool. The resin containing methylene chloride was decanted through a funnel drain in the bottom of the can. Paul Pearce, Detective Clark County Narcotics Task Force Vancouver, WA

REFERENCES The following references are listed for the information of the membership. The topics of the references include general drug analysis, instrumental techniques, clandestinely produced drugs and their chemistry, and other topics which may be of interest to the readership.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “Application of HPLC Mobile Phase Optimization Methods to the Detection of Impurities in Bulk Drug Steroids” J.M. Juarez, A. Bermejo, J.L. Bernal, M.J. del Nozal, and G.A. Garcia; Chromatographia, Volume 29, Number 7/8, April 1990, pp. 338-346 Some mobile phase optimization methods have been used in developing a Reversed-Phase High-Performance Liquid Chromatography methodology for the determination of related impurities in bulk pharmaceutical steroids. Using two different approaches with binary and ternary mobile phase, the complete separation of 9-fluoroprednisolone acetate and its main potential impurities, at low concentration levels, has been achieved. This methodology may be applicable to other steroidal drugs and it is presented as an alternative to the thin-layer chromatography currently prescribed in official methods. “Column and Stationary Phase Selection in GC” W. Jennings; Journal of Chromatographic Science, Volume 28, July 1990, pp. 385-388 This work outlines the essentials of column and stationary phase selection in gas chromatography. Several parameters for optimizing GC separations are discussed. Among these are the theoretical plate number (n), the solute partition ratio (.k), and the separation factor. Details of column selection are given with respect to variations in length and diameter. The choice of stationary phase is also treated, specifically with respect to separation factor values. “Ice: A New Dosage Form of An Old Drug” A.K. Cho; Science, Volume 249, August 10, 1990, pp. 631-634 Ice, which has been described as the drug of the 1990s, is a pure form of (+)-methamphetamine hydrochloride; it is more dangerous because of its purity and because it can be inhaled. Taken by this route, the drug causes an effect similar to that from an intravenous dose, and much more intense than that from ingestion. The detailed mechanism of action differs from that of cocaine, but the overall stimulant effect of methamphetamine is similar. Methamphetamine effects, however, persist for hours, whereas cocaine effects are over in minutes. Ice is, therefore, just another agent for abuse by those seeking psychostimulation and, as with cocaine, compulsive abusers of amphetamines consume the drug repeatedly and continuously. Unlike cocaine, methamphetamine is a synthetic compound and is manufactured in illicit laboratories within the United States.

INAUGURAL ISSUE — OCTOBER 1990

“Formation of Amphetamine From Its Nitro Analogue by Anaerobic Intestinal Bacteria” A. Mori, I. Ishiyama, H. Akita, K. Suzuki, T. Mitsuoka and T. Oishi; Xenobiotica, Volume 20, Number 6, 1990, pp. 629-634 Many organic compounds have been found to be metabolized by intestinal microflora, and aromatic nitro- compounds such as nitrobenzoic acid have been shown to be reduced to aromatic amines by microorganisms. However, there has been no report of aliphatic nitro- compounds being reduced to aliphatic amines. We therefore investigated the reduction of aliphatic nitro- compounds, and now report the reduction of the aliphatic compound 1-phenyl-2-nitropropane to amphetamine by anaerobic intestinal bacteria. “Stereoselective Syntheses of Ephedrine and Related 2-Aminoalcohols of High Optical Purity from Protected Cyanohydrins” W.R. Jackson, H.A. Jacobs, B.R. Matthews, and G.S. Jayatilake; Tetrahedron Letters, Volume 31, Number 10, 1990, pp. 1447-1450 Ephedrine and related optically active β-aminoalcohols can be prepared by zinc borohydride reduction of aryl O-protected magnesium imines and aryl alpha-hydroxylamines which in turn are readily available from optically active cyanohydrins. “Liquid Chromatographic Properties and Aqueous Solution Stability of N-Hydroxy-3,4-methylenedioxyamphetamine” A.K. Valaer, W.R. Ravis and C.R.Clark; Journal of Chromatographic Science, Volume 28, September 1990, pp. 482-486 The reversed-phase liquid chromatographic properties of N-Hydroxy-3,4-methylenedioxyamphetamine (NOHMDA) were determined on a C8 stationary phase specifically prepared for the separation of basic compounds. NOHMDA and several N-alkyl MDA derivatives displayed excellent peak shape on this stationary phase without the need for competing bases such as triethylamine. The k’ values for NOHMDA varied with mobile phase pH in the range of 2.5 to 6.0, but the retention of the primary amine, MDA, and N-alkyl MDAs remained relatively constant over this range. The pKa value for NOHMDA was determined was determined by titration to be 6.22 compared to a pKa of 10.04 for MDA. Thus, the variation of k’ with mobile phase pH for NOHMDA may be a result of appreciable changes in degree ofprotonation. The stability of NOHMDA was found to decrease with an increase in aqueous solution pH. At pH 7.0, the degradation half-life was determined to be 49.8 h, which decreased to 2.57 h at pH 10.0. Above pH 10.0 the decomposition to the corresponding oxime was too fast for a reliable half-life determination.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 1 NUMBER 2 — APRIL 1991

In This Issue

Association Officers

Plans For First Annual Seminar .................................................................... 2 Executive Board Meeting Minutes ................................................................ 3 Supreme Court to Consider Scheduling Authority ....................................... 3 Proposed New Federal Sentencing Guidelines ............................................. 4 Benzaldehyde Labs Still Being Seen in the West ......................................... 5 Reports of Seizures of Clandestine Laboratories .......................................... 6 Laboratory Seizures in Central Texas ........................................................ 6 Seized in Rhode Island ................................................................................ 7 Large PCP Lab and Distribution Ring in Rhode Island ............................. 7 Venting Device Substantiates Drug Lab ..................................................... 8 Underground Lab Discovered in Southern California ............................... 8 Methamphetamine Recovery From Waste Solutions .................................. 8 Precursor Stolen From Portland State University ...................................... 8 Benzaldehyde - Nitroethane Lab Seized in Portland .................................. 9 Lead Acetate Laboratory Seized in North Central Oregon ........................ 9

Literature References .................................................................................. 10

About The Journal The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions from the membership concerning any area of forensic drug analysis, especially relating to the examination and investigation of clandestine drug laboratories. The Journal accepts Letters to the Editor, news items, reports of clandestine laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double space with proper literature citations where necessary. One of the goals of this Journal is the timely publication of information; as such, peer reviews of technical materials will be performed in a speedy manner to insure the quickest possible date of publication. If you have submissions or questions concerning this publication or its contents, contact the Editor.

President: J. Thomas Abercrombie CA DOJ Crime Lab 1500 Castellano Rd. Riverside, CA 92509 (714) 782-4170 Vice-President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Ken Fujii Contra Costa Sheriff's Crime Lab 1122 Escobar Street Martinez, CA 94553 (415) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Executive Board Members: Terry A. DalCason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640 Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Richard Bingle Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

PLANS FOR FIRST ANNUAL SEMINAR ON CLANDESTINE LABORATORIES SEPTEMBER 4-7,1991 The First Annual Seminar on Clandestine Laboratory Chemistry is set for September 4-7, 1991 at the beautiful Bahia Resort Hotel in San Diego, California. You should have received the initial mailer with information concerning the meeting about one month ago. To bring you up-to-date, here is how the 4-day conference is shaping up:

WEDNESDAY, SEPTEMBER 4: Two workshops will be held on this day. The first session will be a legal update and enlightenment session featuring Ms. Barbara Channell, Senior Deputy District Attorney for the Los Angeles County District Attorney’s Office; and Ms. Nancy Simpson, Assistant United States Attorney, Northern District of California. Ms. Channell recently made case precedent via the substantiation of felony child endangerment charges in a case regarding a cooker simply storing chemicals (People v. Odom - 2nd App. District - Div. J.). She has also been successful with added / additional / alternative filings and the recovery of clean-up and investigation costs outside the normal assets seizure procedures. Her presentation will provide an interesting glimpse at California state law regarding clandestine laboratories; certainly the most stringent and definitive in the United States and possibly the world. Ms. Simpson will present how clandestine laboratories fit under Federal law, including the application of the Sentencing Commission Guidelines. This session should be of interest to state and local chemists who often find themselves thrust into the Federal court system when DEA adopts a local case. The second workshop of the day will feature Victor Poisson, Explosive Device Expert with the Riverside Police Department. Vic is a familiar face to many of us who travel around the West coast training clandestine laboratory investigators and chemists. Vic will be present with dummy devices, slides, tapes and other types of vital information which could just save your life. Tentatively, a BYOS (Bring Your Own Slides) session will be held Wednesday evening where we can sit back, sip wine, beer or other liquid refreshments and present, on a very informal basis, clandestine labs you might have seized. This will be totally informal and will serve as an ice breaker and learning session too! We might even offer prizes to the largest, dirtiest (tough one to judge!), cleanest lab; clandestine cook with the stupidest idea or procedure; or whatever category we deem necessary.

THURSDAY, SEPTEMBER 5: The morning starts off with registration for the seminar and the first business meeting of the Association. Members of the Association are encouraged to attend and participate.

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The first session of the morning will feature presentations by DBA Special Agent Patrick Gregory, Clandestine Laboratory Group Supervisor of the DEA-Seattle Division; and Robert K. Sager, retired Laboratory Director of the DEA Western Laboratory, San Francisco. Pat was one of the early driving forces behind the DEA clandestine laboratory safety program, which has become a standard for the United States. Pat will discuss some of the early roots of clandestine labs, how things were done in the “01' days”, and how the agent - chemist relationship is vital in the successful prosecution of a lab case. Bob was instrumental in the early chemist involvement with agents in the seizure of labs, and will discuss this facet of clandestine labs. We hope to have a third, as of yet unnamed, presenter if the scheduling can be worked out. The afternoon will allow the attendees to circulate throughout the vendor hall to look at the various analytical and safety materials being shown. If there is sufficient interest, a concurrent poster session will be held around the perimeter of the vendor hall so you may meet and discuss the various displays. For the evening, we have planned for you a sternwheeler cruise onboard the Bahia Belle featuring cocktails and finger food.

FRIDAY AND SATURDAY, SEPTEMBER 6 AND 7: The technical sessions featuring presentations concerning drug chemistry, synthesis, safety issues or other related topics will be featured all day Friday and Saturday morning. Friday evening will feature a buffet dinner at the hotel’s Island Pond and Gazebo.

CONFERENCE COSTS Hotel rooms are limited at the Bahia Resort Hotel. Approximately 100 rooms are being held for the conference at the cost of $76.00 for a single or $86.00 for a double including tax. It is best to reserve your room now to insure you will not have to sleep on the beach or under a freeway overpass during the meeting. If you would like to share a room with someone, a roommate service is going to be made available. To make your reservations, call: 1-800-288-0770 1-800-233-8172 (619) 488-0551

US Canada Regular commercial

Room rates will extend through the weekend for those wishing to stay on to enjoy the San Diego area. There will be a discount available for those who send in their registration prior to August 1. The costs of the program are: Bombs and Booby Traps: Legal Issues of Drug Labs:

20.00 (adv.), 25.00 (after 8/1) 20.00 (adv.), 25.00 (after 8/1)

Both Workshops:

30.00 (adv.), 40.00 (after 8/1)

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Meeting Registration: 75.00 Includes technical sessions, poster session, vendor displays. Mission Bay cocktail cruise and buffet dinner at the Island Pond. Meeting and Workshops: 100.00 This is the whole banana. What a price!

FUNDING IDEAS After talking with many individuals to get a feeling for the possible number of attendees, it is clear that most (if not all) agencies are feeling the fiscal crunch. Consider the following suggestion for “creative” financing for your trip to this unique meeting: Some of the members of the Oregon State Police Crime laboratory system are having their way paid by the narcotics investigators through the asset forfeiture fund. The investigators have decided it is important enough for them to pay to have these people attend this meeting and bring back the knowledge they have gained! If you are having trouble getting your lab to finance your way to the meeting, consider approaching either the investigators or even the prosecutor’s office for alternative funding. It never hurts to ask and it may get you to San Diego!

FOR MORE INFORMATION For more information concerning the meeting, contact: Pam Smith DEA Southwest Laboratory 410 W. 35th Street National City, CA 92050 (619) 557-6490 For more information concerning the workshops, posters or technical sessions, contact: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051

EXECUTIVE BOARD MEETING MINUTES Minutes of Executive Board meeting held February 9,1991 at the Los Angeles Police Department Crime Laboratory. Present: Jerry Massetti, Ken Fujii, Roger Ely, Mark Kalchik, Steve Johnson, and Pam Smith. Meeting called to order at 1030 AM by Vice-President Steve Johnson.

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The first annual meeting of the Association was set for September 4-7,1991 at the Bahia Resort Hotel in San Diego, California. Discussion was held concerning the contract with the Bahia Resort Hotel. The format of the meeting was decided on. It was decided to try to offer a half day bombs and booby traps workshop and a half day workshop on how clandestine labs are treated under California and Federal law. The workshops will be set up with a set for narcotics investigators and one set for chemists. It was voted on to authorize Pam Smith to act as the agent for CLIC to deal with matters that might arise with the Bahia Resort Hotel, m/s/p Ely/ Johnson Vendor contact person will be Jerry Massetti and Steve Johnson. A motion was made to open a savings account as well as a checking account, m/s/p Johnson / Fujii Discussion was held on whether to allow health department personnel to join the Association. It was decided that if they respond to scenes to collect samples and process them for criminal prosecution they should be admitted as members. Meeting adjourned at 300 PM. Respectfully submitted, Mark Kalchik, Secretary-Treasurer

SUPREME COURT TO CONSIDER GOVERNMENT’S TEMPORARY SCHEDULING AUTHORITY LYLE DENNISTON Drug Enforcement Report Volume 7, Number 8 January 23, 1991 The Supreme Court has agreed to consider a plea by the Bush Administration for full restoration of the government’s power put in doubt by a dispute among lower courts - to impose temporary “emergency” bans on new “designer drugs.” In a brief order January 14, the Court granted review of a case testing the Constitutionality of a 1984 law giving the US Attorney General the authority for periods up to 18 months to criminalize the manufacture and sale of new drugs considered threatening to health or safety. A final ruling by the Court on the issue is expected by summer. Under a provision of the Dangerous Drug Conversion Control Act of 1984, Congress provided that the Attorney General may temporarily place a drug on Schedule I - the most restrictive control category - in order to remove it from distribution while the government studies whether to impose a permanent schedul-

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION ing of the substance. That power has been delegated by the Attorney General to the Drug Enforcement Administration. Both the underlying power itself, as well as the Attorney General’s authority to delegate that power, are at issue in the case of Touby v. US. In that case, the 3rd US Circuit Court of Appeals last July 27 upheld the Constitutionality of the 1984 provision, concluding that it did not represent an unconstitutional delegation by Congress of its legislative authority to create new crimes. The Circuit Court also upheld the decision within the Justice Department to delegate that power to the DEA. While another Circuit Court has agreed with that result, a different Circuit Court has ruled that the 1984 act was invalid because it passed legislative authority from Congress to the Executive Branch. US Solicitor General Kenneth W. Starr urged the Supreme Court to hear the Touby case, and settle the issue finally. While arguing that the law should be upheld, Starr said that the dispute among lower courts “calls into question on a nationwide basis the validity of an important component of Congress’ statutory program to control the manufacture and dissemination of dangerous drugs.” The Touby case involves a Fair Lawn, New Jersey couple, Daniel and Lyrissa Touby, who have been convicted of a conspiracy to manufacture a drug popularly known as “Euphoria” technically, 4-methylaminorex, a drug said to resemble amphetamine in its effects. The Toubys also were convicted of actually making the substance. Both crimes, the government charged, occurred while “Euphoria” was temporarily on Schedule I, under a DEA order issued October 15, 1987. (The DEA has since place that substance permanently on Schedule I, but since the Toubys were convicted when the ban was only temporary, their case poses the issue of whether the temporary scheduling authority is valid. The outcome of their case thus could affect future temporary scheduling of other drugs.) Since 1970, the Attorney General has had authority to place controlled substances permanently on Schedule I. To do so, however, the Attorney General, acting through the DEA, must go through a complex process. In 1984, Congress became concerned that chemists could make new dangerous drugs by designing them around the chemical makeup of drugs on Schedule I and put those new drugs into distribution before the government could react by trying to schedule them. So, Congress gave the Attorney General the authority, using a much-streamlined procedure, to impose a temporary scheduling as an emergency control matter. When that action is taken, a temporary scheduling order is not subject to review in court. A temporary ban of that kind can be imposed for 12 months, and can be extended only once for another six months, making a total of 18 months. “Euphoria” was initially put on Schedule I for a year, and that was extended until April 15, 1989. It was permanently listed two days before the temporary ban had run out.

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RECOMMENDED NEW FEDERAL SENTENCING GUIDELINES PUBLISHED Notice of proposed amendments to the Federal sentencing guidelines were published in the January 17,1991 edition of the Federal Register by the United States Sentencing Commission. The guidelines create specific terms of punishment for offenders of Federal law and, in the case of controlled substances, direct the courts to impose mandatory incarceration time for specific quantities of drugs. Here are some of the highlights of the proposed amendments and their possible effect on Federal cases you may handle:

“ICE” DEFINED One aspect of the proposed amendments to the guidelines deals with the problem of the smokeable form of methamphetamine, commonly referred to as “ice.” Some problems have been encountered in the sentencing of individuals found to be in possession of more than 100 grams of the crystalline methamphetamine as the current section provides for a minimum mandatory sentence of 10 years for possession of 100 grams of pure methamphetamine or 1000 grams of material containing a detectable amount of methamphetamine. The crux of problem with this section is the definition of “pure.” Does “pure” mean 100% methamphetamine? What about 95-99% methamphetamine with no detectable impurities? How does experimental error calculate into the guidelines? One defendant even tried to get the court to find the contribution in weight due to the hydrogen chloride be subtracted from the determination of total aggregate weight. The current amendment seeks to clarify this problem with: “This amendment implements the directive from Congress in section 2701 of the Crime Control Act of 1990 to “amend the existing guidelines for offenses involving smokeable crystal methamphetamine ... so that convictions involving smokeable crystal methamphetamine will be assigned an offense level under the guidelines which is two levels above that which would have been assigned to the same offense involving other forms of methamphetamine.” The major problem in implementing this directive is to distinguish between forms of methamphetamine since all methamphetamine salts (the form of methamphetamine generally involved in trafficking) are smokeable and crystalline. From the legislative history, it is evident that the Congressional intent was to target a form of methamphetamine marketed on the streets as “ice.” Ice’s main distinctions are its high purity and the fact that its crystals are larger than that of other forms of methamphetamine sold on the street. The guidelines presently take purity into account in determining the appropriate offense level. Moreover, it is not practical to distinguish between forms of methamphetamine by crystal size and “ice” cannot be chemically distinguished from other forms of crystal smokeable methamphetamine. Therefore, the Commission sought other

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION definitions. Because “ice” currently prevalent is recrystallized d-methamphetamine, and this isomer is more potent than other isomers, the Commission has chosen to interpret the Congressional enhancement to apply to ALL (emphasis added) d-methamphetamine.” “(G). Proposed Amendment: Section 2D1.1(c) is amended in the Drug Quantity Table by deleting “Pure PCP” wherever it appears and inserting in lieu thereof “PCP (actual)”, and by deleting “Pure Methamphetamine” wherever it appears and inserting in lieu thereof “Methamphetamine (actual)”. “Section 2D1.1(c) is amended in the note designated by a single asterisk by inserting the following additional sentence as the third sentence “The terms ‘PCP (actual)’ and ‘Methamphetamine (actual)’ refer to the weight of the controlled substance, itself, contained in the mixture or substance, E.g., a mixture weighing 10 grams containing PCP at 50% purity contains 5 grams PCP (actual).”; and in the last sentence by deleting “pure PCP or methamphetamine” and inserting in lieu thereof “PCP (PCP (actual)’) or methamphetamine (‘methamphetamine (actual)’) contained in the mixture or substance.” The changes in this section could significantly impact the workload of state and local laboratories who are examining cases that may be adopted for Federal prosecution. First of all, the Sentencing Commission has chosen to define “ice” as d-methamphetamine, and makes no distinction between this material and any other d-methamphetamine based on purity or crystal size. It is likely, then, that all cases involving d-methamphetamine (especially clandestine laboratories using an ephedrine process) will be subject to the two level enhancement. Ultimately, this suggests that the optical isomer of the methamphetamine will have to be determined as a routine course of analysis, if it is not already being done. Secondly, with the change of the guidelines to reflect “actual” totals of PCP and methamphetamine, quantitative analysis of powders (and probably liquids) will become a routine part of the analysis. If past experience is any indicator, the analyst can expect to testify in sentencing hearings as to the accuracy of the quantitative method when aggregate totals approach boundary weights between sentencing levels.

CLANDESTINE LABORATORIES AND PRECURSOR CHEMICALS As we know, it is not uncommon to seize a clandestine laboratory that has been in operation and only find precursors and residual amounts of finished product in waste solutions. It is not uncommon to provide to a prosecutor an estimated yield of finished product based on precursors on hand, size of glassware, and/or seized bills or records from such a laboratory for sentencing purposes. There have been problems in the past with estimating the amount of product possible. Some hold to a 100%

VOLUME 1 NUMBER 2 — APRIL 1991

theoretical conversion of precursor materials to finished product, while others take a more conservative approach and report yields as expressed in the literature. Whatever the method, it has often been chaotic. The proposed amendments to the sentencing guidelines will provide for sentencing levels based on the weight of the precursor and essential chemicals present. The proposed amendments list a “Chemical Quantity Table” for various precursor and essential chemicals. For example, the highest level for these chemicals is listed as level 28, yielding a sentence of 78-97 months for an individual with no prior offenses: 20 KG or more of Benzyl Cyanide 20 KG or more of Ephedrine 200 G or more of Ergonovine 400 G or more of Ergotamine 200 KG or more of Norpseudoephedrine 20 KG or more of Phenylacetic Acid 200 KG or more of Phenylpropanolamine 10 KG or more of Piperidine 20 KG or more of Pseudoephedrine 400KG or more of 3,4-Methylenedioxyphenyl-2-propanone 22 KG or more of Acetic Anhydride 1175 KG or more of Acetone 20 KG or more of Benzyl Chloride 1075 KG or more of Ethyl Ether 44 KG or more of Hydriodic Acid 10 KG or more of Potassium Permanganate 1200 KG or more of Methyl Ethyl Ketone 1300 KG or more of Toluene The impact to the clandestine laboratory investigator is obvious. It will require an accurate means to weigh chemicals and their containers at laboratory sites. This may require taking a high capacity scale to the site to perform the weighing. Hopefully, it will not require the investigator to remove the material from its packaging for weighing as health issues regarding the safe handling of the chemicals could become an overshadowing issue.

BENZALDEHYDE - NITROETHANE LABS STILL BEING SEEN IN THE WEST The reappearance of the benzaldehyde - nitroethane condensation synthesis to 1-phenyl-2-nitropropene continues in clandestine laboratory seizures in Oregon and the west coast. With the dramatic increase in the number of laboratories using this method in the Oregon area, and with a recent television newscast there describing this “new” way to make methamphetamine, the following information concerning the uses and sources of benzaldehyde and nitroethane are provided by Gary Wyler, DEA Diversion Investigator in Portland, Oregon.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION A major producer of benzaldehyde is the Kalama Chemical Company in Kalama, Washington. Benzaldehyde is used in industry as an ingredient of flavors such as almond and cherry; fragrances for soaps and toiletries; as a synthetic flavoring substance for foods; and the manufacture of aromatics, pharmaceuticals, dyes, agricultural and other organic chemicals. Here are a few excerpts from the Materials Safety Data Sheet for benzaldehyde: 1. Warning: rags and activated carbon contaminated with benzaldehyde may ignite spontaneously; may cause eye and skin irritation. 2. Since benzaldehyde has a low autoignition temperature, avoid exposure to heated surfaces. Decomposition under fire conditions will generate carbon monoxide and may generate other toxic vapors. 3. To fight a benzaldehyde fire, use CO2 foam, or dry chemical to extinguish fire. Water can be used to cool a fire, but for extinguishment, foam or dry chemical are preferred. Avoid spreading liquid and fire by water flooding. Wear self-contained, positive pressure breathing apparatus and full firefighting protective equipment. Use water to keep containers cool. Specific gravity: 1.046 @ 77°F Weight per gallon: 8.7 pounds Flash point: 148°F (64°C) Kalama Chemical also manufactures benzoic acid, methyl benzoate, sodium benzoate, benzyl benzoate, benzyl alcohol, benzylamine, dibenzylamine, phenol, salicylic acid, methyl salicylate and PARASEPT preservatives. There are three major domestic suppliers of nitroethane in the US. They are Angus Chemical Company, Golden West Products International, and W.R. Grace and Company. Sales data from one of the suppliers indicates the following uses and approximate quantity breakdowns for 1990 (in pounds): Pharmaceutical intermediate (hypertensive) ....................................................... 1,000,000 Emulsion explosive (gunpowder) ............................................................ 500,000 Chlorinated solvent stabilizer .................................... 30,000 Vinyl resin solvent (vinyl coatings), vinyl ink solvent (vinyl flooring) ............................ 400,000 Intermediate for rocket propellant ............ 100,000-300,000 Racing fuel additive ..................................................... 3,000 The cost per pound of nitroethane, based on quantity, is: Bulk (5000 gallons minimum) .................................... $2.55 Truckload (79 drums minimum) ................................. $2.64 10-78 drums ................................................................. $2.65 3-9 drums ..................................................................... $2.69 1-2 drums ..................................................................... $2.75 5 gallons ....................................................................... $4.96 Net weight of 55 gallon drum = 500 pounds

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REPORTS OF SEIZURES OF CLANDESTINE LABORATORIES LABORATORY SEIZURES IN CENTRAL TEXAS After the Chemical Diversion and Trafficking Act took effect in November, we have received an increasing number of reports of clandestine operators using alternate synthesis routes for the production of methamphetamine and amphetamine. In addition to the routes included in the synthesis procedures reported in JCLIC Volume 1, Number 1, we have received reports of clandestine operators using phenyl-1-propanone to manufacture ephedrine or phenylpropanolamine. Also reported was the production of chloroacetone from sulfuryl chloride for use in the manufacture of phenylacetone. Investigators have contacted our laboratory with information from confidential informants that oil field chemicals are being used in clandestine labs to produce phenylacetone. The chemicals being diverted are being used either to replace phenylacetic acid or to produce phenylacetic acid. In June 1990, Texas DPS narcotics investigators encountered a clandestine laboratory in the process of manufacturing phenylacetone using benzene, aluminum chloride and chloroacetone [1]. The clandestine chemist was also in the process of manufacturing chloroacetone from sulfuryl chloride and acetone [2]. A second procedure for the production of the chloroacetone was seized from the chemist [3]. In the spring of 1990, a clandestine MDA laboratory was seized in a rural area of central Texas. The clandestine chemists were using 3,4-methylenedioxyphenyl-2-propanone (3,4-MDP2P) and formamide as the precursor chemicals. They were attempting to perform the Leuckart reaction [4,5]. The Leuckart reaction involves the refluxing of the 3,4-MDP2P with formamide and formic acid to yield N-formyl-MDA. The second step of the synthesis involves the hydrolysis of the N-formyl-MDA with hydrochloric acid to yield MDA. The N-formyl-MDA may be purified before the hydrolysis step [4-7]. Most of the literature suggests shaking the cooled reaction mixture with twice its volume of water; then extracting the formyl derivative with ether, removing the ether and hydrolyzing the residual oil. The clandestine chemists involved with this incident, however, were using a procedure obtained from Chemical Abstracts [8]. The purification step in this article and numerous later articles [9-10] call for hydrogen peroxide to be added to the cooled reaction mixture. A short time after the 30% H2O2 was added to the separatory funnel containing the cooled reaction mixture a violent reaction began. The contents of the separatory funnel were expelled so forcefully that the shingles of the roof were blown off; however, the funnel remained unbroken. It is our belief that the reference to H2O2 in the Chemical Abstracts article is a typesetting error and should read H2O. At this time we have been unable to obtain a copy of the original Japanese article. If anyone

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION has encountered this problem or can forward a copy of the Japanese paper to us, we would appreciate the information. Texas DPS Crime Lab 1617 E. Crest Dr. Waco, TX 76705 1.

Mason, T.J., J. American Chemical Society, Volume 62, 1940, pp.1622. 2. Buchman, E.R. and Sargent, H., J. American Chemical Society, Volume 67, 1945, pp. 400-403. 3. Van Atta, Zook, and Elving; J. American Chemical Society, Volume 76, 1954, pp. 1185. 4. Moore, Organic Reactions, Volume 5, 1949, pp. 301-330. 5. Lukaszewski, J. Association of Official Analytical Chemists, Volume 61, Number 4, 1978. 6. Elks and Hey, J. Chemical Society, 1943, p. 15. 7. Crossley and Moore, J. Organic Chemistry, Volume 9, 1944, pp.529. 8. Fujisawa, Okada, and Deguchi, Japanese Patent 8573, 5 October 1956, CA 52:11965 (1958) 9. CND Analytical, Analytical Profiles of Substituted 3,4-Methylenedioxyamphetamines: Designer Drugs Related to MDA, pp. 15-17. 10. DEA Western Laboratory, personal communication. Joel C. Budge and Deborah M. Reagan Texas DPS Crime Lab, Waco

DMT LABORATORY SEIZED IN RHODE ISLAND In September 1990 local, state and federal drug officials along with state and federal chemists raided a basement laboratory where the hallucinogen dimethyltryptamine (DMT) was being manufactured. Two men were arrested as they left the laboratory, which was in a residential neighborhood of Cranston, Rhode Island. The investigation began months before when a chemical supply company notified the Rhode Island Division of Drug Control that two people were ordering chemicals and glassware for suspicious purposes. State drug officials then notified DEA, where officials determined that the chemicals were probably going to be used in the synthesis of DMT. Seized at the scene were the precursors indole, oxalyl chloride, and dimethylamine along with various reagents and solvents needed for the synthesis of DMT. Also found with the chemicals was a recipe for manufacturing DMT. From the small quantities of chemicals seized, it is believed that the two men were trying to manufacture a small test batch of the drug before ordering more chemicals for large scale production. Michael C. Liberto and Gino Rebussini Rhode Island Dept. Of Health Forensic Drug Chemistry Laboratory

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LARGE PCP LAB AND DISTRIBUTION RING BROKEN IN RHODE ISLAND Four people were arrested in connection with an alleged ring that federal drug agents said manufactured and distributed internationally the hallucinogenic drug PCP. A large quantity of the drug was seized. Vincent Furtado, agent in charge of the local office of the Drug Enforcement Administration, said the Rhode Island-based operation distributed hundreds of thousands of PCP tablets around the world monthly. The drugs were manufactured in several chemical plants and homes in Rhode Island - including a rented room at the Dytex Chemical Company in Central Falls and a phony chemical company set up in Cranston - and in Massachusetts, New Hampshire and Vermont, Furtado said. The PCP was then distributed throughout the United States, Canada and Australia. Furtado said the group would have chemicals sent to one location, often under the name of a chemical company. A chemist would mix the chemicals to produce PCP and bring it to another location, where it would be formed into small yellow tablets for sale. The drugs would then be moved to other locations for distribution to wholesale drug dealers in Rhode Island and elsewhere. Federal agents seized 185,000 tablets of PCP, 4 pounds of powder capable of making 383,000 tablets and 10 pounds of raw chemicals capable of making 960,000 tablets, Furtado said. DEA officials and police in several communities have known about this PCP ring “for years,” Furtado said. It’s been operating since the late 1970’s, but kept moving from one location to another around New England, making it difficult to investigate and infiltrate. Furtado said that in addition to renting a room at Dytex Chemical Company to manufacture the drug - without the knowledge of company officials - the group also created a phony Cranston chemical company to serve as a legitimate front through which to order chemicals needed to make the drug in homes in North Smithfield and in Warwick. Laura Meade Providence Journal Bulletin November 20, 1990 Submitted by: Michael C. Liberto Rhode Island Dept. Of Health Forensic Drug Chemistry Laboratory

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VENTING DEVICE SUBSTANTIATES DRUG LAB IN KERN COUNTY, CALIFORNIA In February of 1991, the Kern County Sheriffs Office seized an alleged methamphetamine laboratory. The suspects involved had already cleaned up the site and left behind a flexible hood venting device. This device was submitted to the Kern County Regional Crime Laboratory for examination. Found adhering to the inside surface of the device was approximately 0.30 grams of a white powder containing methamphetamine. Further analysis also determined the presence of a considerable amount of iodine, naphthalenes and other related methamphetamine byproducts. This plastic device was heavily stained (iodine-like) and corroded along the entire length inside. It was concluded this piece of equipment was in a place where methamphetamine was manufactured or used in the manufacture of methamphetamine. Dan DeFraga and Joe Fagundes Kern Co. Regional Crime Lab – Bakersfield, CA

UNDERGROUND LAB DISCOVERED IN SOUTHERN CALIFORNIA On October 19, 1990 criminalists from the California Department of Justice Crime Laboratory, Riverside, assisted in the investigation of an underground clandestine methamphetamine laboratory. The clandestine laboratory was found inside a school bus that had been buried 15-20 feet underground in Nuevo, a rural area in western Riverside county. Numerous containers of powders, crystals, layered liquids, and laboratory apparatus were found inside the bus. It was unclear at the time (and still is) which synthetic route the individuals were using to produce their poor quality methamphetamine product. For a variety of reasons, not the least of which was an unknown chemical process occurring within a confined space (one entry, exit), this site was deemed to be a significant hazard. Clean-up costs exceeded $130,000. Jim Hall CA DOJ Crime Lab – Riverside, CA

METHAMPHETAMINE RECOVERY FROM WASTE SOLUTIONS FOUND IN CONTRA COSTA COUNTY, CALIFORNIA A recent incident relating to a suspected clandestine laboratory is providing support to rumors of a new cottage industry in Contra Costa County - the processing and recovery of residual methamphetamine from waste solutions of solvents and processing chemicals.

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A 4-liter beaker full of methamphetamine oil survived an explosion and fire when a shelf collapsed and covered it. The explosion occurred in the kitchen of a duplex in Discovery Bay, an upscale development near the San Joaquin Delta with boat docks behind many of the homes. The cooker died from burns suffered in the blaze. Since his death occurred during the commission of a felony (manufacturing a controlled substance), felony murder-rule homicide charges were filed against his coconspirators. Various precursors and solutions with product indicate the route of synthesis to be via phenylacetone and methylamine. Apparatus, including several 50-liter size setups were also recovered. The investigation led to a small cottage in Martinez, California which was used to store chemical waste. Hundreds of containers from quart size jars to 32 gallon garbage cans full of waste were present. Cleanup costs were in excess of $30,000. Kenneth Fujii Contra Costa Sheriffs Laboratory – Martinez, CA

PRECURSOR STOLEN FROM PORTLAND STATE UNIVERSITY Dave Hogan The Oregonian March 29,1991 About 125 pounds of a chemical used as a key ingredient in producing the illegal drug methamphetamine has been stolen from Portland State University, school officials said. The phenylacetic acid was taken from two barrels that had been stored since 1987 in a small building behind the university’s science building. Bruce W. Brown, chairman of the chemistry department, said he considered the chemical to be useless waste, so it was being stored for disposal with other materials such as paint thinner. He said PSU had never used the donated chemical. However, Brown said he learned from police Wednesday night that it had a street value as high as $125,000. “We would have put it somewhere else that was secure under lock and key,” Brown said Thursday. “Up until last night, I had no idea the street value of this stuff.” He said the theft is believed to have occurred sometime between early- to mid-January and March 14, when a storeroom manager for the chemistry department discovered the barrels were open. A yellowish-white crystalline powder, phenylacetic acid has a characteristic odor similar to that of cat urine and is a skin and lung irritant. Brown said the phenylacetic acid was donated to the university 10 to 15 years ago, but it was set for disposal because the chemistry department had no use for it. Brown said officials know the phenylacetic acid was still being stored at the university in January because a man took a

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION sample of it that month after Brown requested him to dispose of the chemical. The man was only one of four people who knew the phenylacetic acid was stored there, Brown said. In a related incident, a Portland policeman seized about one pound of phenylacetic acid from a Northeast Portland motel on Tuesday night. The chemical is believed to be part of the material taken from PSU.

BENZALDEHYDE – NITROETHANE LAB SEIZED IN PORTLAND On March 13, criminalist from the Oregon State Police Laboratory assisted the Portland Police Bureau in the seizure and investigation of a cooking methamphetamine laboratory in North Portland. The lab, discovered by information provided by a confidential informant, was found in the basement of a residence. The suspects are known to have been using the benzaldehyde nitroethane synthesis to manufacture P-2-P for the past 9 months. A large quantity of the crystalline intermediate, 1-phenyl-2nitropropene, was recovered at the lab site. The suspects were heating their reaction flask by setting their 20 liter reaction flask into a pan containing sand. The pan, in turn, was placed on a large portable propane burner on a tripod stand. Thus, the heated sand provided a gentle and thorough heat source for the reaction flask. Propane was supplied to the burner by a tank similar to that found on recreational vehicles or with home BBQs (Figure 1). The chemicals found at the scene included nitroethane from Aldrich Chemicals; iron metal from Intertech Trading; and several 2 gallon red plastic containers hand labeled “Fe/H2O”. It appeared the suspects were performing the amalgam reduction in a stainless steel soda pressure container commonly used to deliver soft drink syrup and carbonation. Jim Bixby and Gordon Rutter Oregon State Police Crime Lab – Portland, OR

LEAD ACETATE LABORATORY SEIZED IN NORTH CENTRAL OREGON Federal, state and local agents seized an active methamphetamine laboratory near the town of Dufur, Oregon by the Columbia River in late March. Agents had been tracking the movement of the precursor chemicals lead acetate and methylamine from a chemical supply firm in Vancouver, BC. In the past several months, large quantities of precursor chemicals have been found to be coming from the British Columbia area. At the time of the seizure, the operators were synthesizing phenyl-2-propanone using phenylacetic acid and lead acetate. This method has long been popular among clandestine methamphetamine operators in Oregon for the past 7 years. What was

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unusual about this synthesis, however, is that the reaction was not being performed under a vacuum (Tsutsumi, M; “Illegal Preparation of An Amphetamine-like Compound,” Science and Crime Detection (Japan), Vol. 6, 1953, pp. 50-52 CA 47:11661h (1953)). The two powders were placed in the flask and heat applied. The mixture melted and refluxed at 100°C while distilling a clear liquid believed to be acetic acid. As no notes were found in the search of the site, it is not clear how the eventual processing of the resultant phenyl-2-propanone would be completed. Seized in the raid was approximately 30 pounds of phenylacetic acid, 70 pounds of lead acetate and a 56-gallon drum of 40% methylamine in water. Investigators indicated the methylamine was purchased for $15,000. Also found at the lab site was an 18 foot motorhome which appeared to have been on a prior occasion to manufacture methamphetamine. Liquids believed to contain methamphetamine were also seized. In what may be similar to the over-charging of the military by national defense contractors, agents report the cost of the cleanup for this laboratory was nearly $75,000 from the DEA nationally contracted waste hauler. Agents indicated that similar sized labs were costing about $15,000 to $20,000 before the issuance

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION of the national contract. It is not unusual now, since the contract has gone into effect, to receive clean-up bills for $40,000 to $75,000. Interestingly, the responding waste haulers own their incinerator and dump site. Agents indicated the cost alone to incinerate what materials that could be burned totaled almost $30,000.

LITERATURE REFERENCES The following are abstracts of scientific papers which might be of interest to the forensic chemist regarding the syntheses and analyses of suspected controlled substances. Most of these references are relatively new to the literature; however, some may be older works that have been recently used to answer technical questions posed to the laboratory during the course of an investigation. Citations are provide for easy retrieval of the work from a local chemistry library. If you come across other material which might be of interest to the members, please send the citation and a copy of the paper to the Journal Editor. “Methods for the Determination of Methamphetamine from Regioisomeric Phenethylamines,” Clark, C.R., Boulhadir, K.H., and DeRuiter, J., Journal of Chromatographic Science, Volume 29, 1991, pp. 31-36. The analytical profiles are described for five amines, methamphetamine and four regioisomeric phenethylamines of MW = 149. These five amines all contain an unsubstituted benzyl moiety, thus the regioisomerism is within the carbon-carbon bond located a to the amine moiety. Therefore these phenethylamines are regioisomeric within the imine fragment (m/z = 58), which is the base peak in the electron impact (El) mass spectrum of methamphetamine. The ultraviolet absorption spectra for these compounds show the characteristic phenethylamine absorption bands in the (250-260 nm) range. These amines are best differentiated by chromatographic separation and are well resolved by liquid chromatographic techniques. The five regioisomeric amines are separated using an isocratic reversedphase system consisting of C18 stationary phase of pH 3 phosphate buffer and methanol. The elution order under these conditions appears to parallel the length of the carbon chain attached to the aromatic ring. “Synthesis of Dextroamphetamine Sulfate and Methamphetamine Hydrochloride from D-Phenylalanine,” Repke, D.B., Bates, D.K; and Ferguson, W.J., Journal of Pharmaceutical Sciences, Volume 67, Number 8, 1978, pp 1167-1168. Starting from D-phenylalanine, dextroamphetamine sulfate and methamphetamine hydrochloride were synthesized. The reaction sequence proceeds through three intermediates, in which the absolute configuration of the asymmetric carbon atom

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is changed but the relative configuration remains the same. Either product can be obtained from a common intermediate by altering the reductive conditions employed for the removal of a carbamate protecting group. “Synthesis of Chiral alpha-Alkyl Phenethylamines via Organometallic Addition to Chiral 2-Aryl-1,3-oxazolidines,” Wu, M. and Prigden, L.N., Journal of Organic Chemistry, Volume 56, 1991, pp. 1340-1344. In order to fulfill a supply requirement for an optically pure pharmaceutical candidate, we required substantial quantities of(R)-α-methyl-p-bromophenethylamine on a continual basis. Normally, this class of amines is readily available for small-scale use, but the commercial availability of large quantities is severely limited. We therefore sought an alternative synthesis that would permit facile access to these amines in high optical purity in a manner that would be amenable to pilot-plant scale. Many of the published routes to α-alkyl phenethylamines require a tedious resolution of the corresponding racemate. The few reported asymmetric approaches are unacceptable for a number of reasons, such as high cost, multiple steps, low chemical yields, or low diastereoselectivity. On the basis of Takahashi’s asymmetric synthesis of optically pure N-alkyl-1-cyclohexyl-2phenethylamines by stereoselective addition of benzylmagnesium chloride to(4R)-2-cyclohexyl-4-phenyl-1,3-oxazolidine, and the fact that Grignard additions to chiral oxazolidines have enjoyed widespread success in asymmetric synthesis, we decided to explore the use of the analogous 2-aryl-4-phenyl-1,3-oxazolidine as a general substrate for organometallic additions. Since Takahashi reported on benzylic Grignard addition to 2,4-disubstituted oxazolidines, we sought to explore the scope of this reaction with the ultimate intention of employing the adduct as a source of chiral alpha-substituted phenethylamines. This report summarizes our efforts to that end. “Analysis of Impurities in Methamphetamine,” Kishi, T., Inoue, T., Suzuki, S., Yasuda, T., Oikawa, T., and Niwaguchi, T., Eisei Kagaku (Hygienic Chemistry), Volume 29, 1983, pp. 400-406. Impurities in methamphetamine synthesized from ephedrine were identified by thin-layer chromatography, gas-liquid chromatography, infrared spectroscopy, ultraviolet spectroscopy, proton magnetic resonance spectroscopy, gas chromatography/ mass spectrometry and neutron activation analysis. Benzyl methylketone (P2P) and iodine were detected as impurities in methamphetamine prepared by reducing ephedrine with hydrogen iodide and red phosphorus. Ephedrine, 1-phenyl-2methylamino-1-propanone, palladium and barium were detected as impurities in methamphetamine prepared by reducing ephedrine with hydrogen and Pb-BaSO4. Ephedrine, 1,2-dimethyl-3phenyl aziridine, palladium and barium were detected as impurities in methamphetamine prepared by reducing chloroephedrine with hydrogen and Pb-BaSO4. Knowledge of impurities contained in methamphetamine provides important information

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION regarding synthetic methods. Impurities contained in seized methamphetamine were analyzed by the method described above, and synthetic methods were assumed. (Editor’s note: This paper is in Japanese; however, figures and other tables are in English. It is interesting that this paper may be the first published to have identified P2P as a byproduct in the ephedrine / HI reduction method.) “Amphetamine-like Effects in Humans of the Khat Alkaloid Cathinone,” Brenneisen, R., Fisch, H.U; Koelbing, U., Geisshusler, S., and Kalix, P., British Journal of Clinical Pharmacology, Volume 30, 1990, pp. 825-828. The chewing of khat leaves as a stimulant is common in certain countries, and the effects of this material are supposed to be due to the phenylalkylamine cathinone. In order to determine the effects of this substance in humans, a single oral dose of cathinone or placebo was administered to six healthy male volunteers in a double-blind, random order crossover study. Cathinone produced increased blood pressure and in heart rate, and these changes were concomitant with the presence of cathinone in blood plasma. The physical and mental changes that the subjects reported during the experiment indicated that cathinone has in humans euphorigenic and psychostimulant effects. These observations support the assumption that cathinone is the constituent mainly responsible for the effects of khat, and they show that this alkaloid has also in humans amphetamine-like effects. “Pharmacological Properties of the Stimulant Khat,” Kalix, P., Pharmac. Ther., Volume 48, 1990, pp. 397-416. Among the drugs of natural origin that man has found for inducing pleasurable feelings and for altering mood, some have become known and used worldwide, whereas the use of others has remained more or less confined to the areas of their origin. This is the case for the leaves of the khat shrub (Catha edulis, Celastraceae), a drug that is widely used in East Africa and the Arab Peninsula, but that is almost unknown elsewhere. Indeed, khat leaves lose their effect within about three days after harvesting, and this has formerly prevented the khat habit from expanding beyond the regions where the plant grows. With the advent of modem transportation, however, the distribution of khat has become much more rapid and efficient, bringing about a spreading and sharp increase in the consumption of this drug. Further, due to the possibility of air-freighting the leaves, khat has now made its appearance in countries far away from the areas of cultivation of the plant. The chewing of khat has a stimulating effect, and it induces a state of mild euphoria and excitation. However, khat use is often compulsive, and the fact that part of the chewers secure their daily portion of the leaves at the expense of vital needs indicates psychic dependence on the drug. This and certain effects that the drug has on somatic function caused the khat habit to evolve into a public health problem. Consequently, there is now much interest in the medical effects of this drug, and major efforts have been made to understand its phar-

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macology. These have led to the isolation of a new alkaloid from the leaves, a substance that has been recognized to be their main psychoactive constituent. The present review intends to describe briefly the khat habit and its effects, and to summarize the pharmacology of khat and of its active constituents. “Determination of Heroin and Some Common Adulterants by Capillary Gas Chromatography,” Sperling, A., Journal of Chromatography, Volume 538, 1991, pp. 269-275. A method has been developed for the simultaneous determination of heroin along with some of the commonly occurring adulterants that have been found in samples in recent years. The method utilizes simple sample dissolution along with an internal standard followed by capillary gas chromatography on a nonpolar DB-1 column attached to a flame ionization detector. Column temperature programming was used along with a programmed temperature vaporizer in the injection port. Linearity studies were conducted on heroin base, heroin hydrochloride and several of the other drug adulterants. Excellent results were obtained and the method is applicable to a broad range and type of heroin samples. “An Outbreak of Designer Drug Related Deaths in Pennsylvania,” Hibbs, J., Perper, J. and Winek, C.L., Journal of the American Medical Association, Volume 265, Number 8,1991. pp. 1011-1013. 3-Methylfentanyl (“China White”) is a “designer” opiate that has caused more than 100 overdose deaths in California since 1979, but that has not been associated previously with deaths east of the Rocky Mountains. During 1988, 3-methylfentanyl was identified in 16 fatal overdose cases in Allegheny County, Pennsylvania, contributing to a fourfold rise in overdose mortality during October of that year. Morphine was detected in the blood of five persons (31%) and cocaine in the blood of three persons (19%) dying of 3-methylfentanyl overdoses; these were demographically similar to 99 other fatal overdose cases investigated by the county coroner from 1986 to 1988. This documents the contribution of 3-methylfentanyl to overdose mortality in an eastern city and the use of 3-methylfentanyl with other illegal drugs. Drug abusers in the northeastern United States should be considered at risk for more “designer drug” overdose outbreaks in the future. “Methamphetamine Synthesis via Hydriodic Acid / Red Phosphorus Reduction of Ephedrine,” Skinner, H.F., Forensic Science International, Volume 48, 1990, pp. 123-134. The illicit manufacture of methamphetamine from ephedrine via reduction with hydriodic acid and red phosphorus is discussed. The stereochemistry, mechanism, synthetic impurities, and analysis of clandestine methamphetamine samples are addressed.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “An Investigation of the Extraction of Methamphetamine from Chicken Feed, and Other Myths,” Ely, RA., Journal of the Forensic Science Society, Volume 30. 1990, pp. 363-370. Over the years, many allegations have been presented by individuals involved in the clandestine manufacture of amphetamine and methamphetamine centering on the extraction of essential precursors or actual controlled substances from common commercial products. Two such allegations involved the extraction of phenyl-2-propanone, a precursor in the manufacture of amphetamine and methamphetamine, from pesticides, herbicides or photographic chemicals. A third allegation from suspected laboratory operators and confidential informants claimed that amphetamine, methamphetamine and their precursors could be extracted from chicken laying meal. An investigation into these allegations is presented. “Asymmetric Animation of 4-Methoxyphenylacetone and Its Related Compounds With Microorganisms,” Nakamichi, K; Shibatani, T., Yamamoto, Y., and Sato, T., Applied Microbiology and Biotechnology, Volume 33, 1990, pp. 637-640. Asymmetric amination of 4-methoxyphenylacetone and its related compounds by microorganisms was investigated. Among 630 type culture strains, 4-methoxyphenylacetone-aminating ability was found in Brevibacterium, Chromobacterium, Flavobacterium, Mycobacterium, Pseudomonas, and Sarcina spp. 4-Methoxyamphetamine produced by these microorganisms was the (S)-(+)-enantiomer. B. linens IFO 12141 was selected as the best strain. The optimum pH of amination was about 7.0, and L-alanine was the most effective amino donor for the amination. By using this strain, 37.6 mM (S)-(+)-4-methoxyamphetamine was formed with a 94% conversion yield from 4-methoxyphenylacetone. As for substrate specificity, B. linens IFO 12141 catalyzed amination of 3,4-dimethoxyphenylacetone and 4-(4-methoxyphenyl)-2-butanone, and formed the corresponding optically active amines.

its quantity and extraction time on the yield of these compounds. High-performance liquid chromatographic method was used for quantification of psilocybin and psilocin. “Detection of Pseudoecgonine and Differentiation from Ecgonine in Illicit Cocaine,” Casale, J.F., Forensic Science International, Volume 47, 1990. pp. 277-287. Pseudoecgonine was detected and resolved from ecgonine in illicit cocaine samples by narrow bore capillary gas chromatography at levels of less than 0.1%. Identification and confirmation was supported by gas chromatography - mass spectroscopy, infrared spectroscopy, and nuclear magnetic resonance. Its presence in illicit cocaine samples is examined as an indicator for comparing drug seizures believed to be of common origins. “Chemical and Physical Properties of (Z)- and (E)Monoethoxy-1-(2-nitro-1-propenyl)benzenes: Important Precursors to the Monoethoxyamphetamines,” By, A. W., Lodge. B.A., Sy, W., Zamecnik, J., and Duhaime, R; Canadian Society of Forensic Science Journal, Volume 23, Numbers 2 and 3, 1990, pp. 91-107. (Z)-Monoethoxy-1-(2-nitro-1-propenyl)benzenes were synthesized from the corresponding (E)-isomers by irradiation with light in toluene in the presence of benzophenone. The gas-liquid chromatographic and thin-layer chromatographic data, and ultraviolet, infrared, proton magnetic resonance, and mass spectra are presented for both isomers for comparison. The (Z)-isomer is partially converted on the injector of GLC apparatus to the (E)isomer.

“Psychotropic Drugs in Australia: Consumption Patterns,” Lockwood, A. and Berbatis, C.G; The Medical Journal of Australia, Volume 153, 1990, pp. 604-611. This paper reviews studies of psychotropic drug use in Australia, analyzes results from the Australian Health Surveys and compares the findings with those from other countries . It identifies subpopulations with high rates of drug use, which may consequently be at greater risk of drug-related harms. “A Novel Extraction Procedure for Psilocybin and Psilocin Determination in Mushroom Samples,” Kysilka. R. and Wurst, M., Planta Medico, Volume 56, Number 3, 1990, pp. 327-328. In this work we optimized the extraction conditions for psilocybin and psilocin from fruit bodies of Psilocybe mushrooms and studied the influence of extraction agent composition,

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 1 NUMBER 1 — JANUARY 1991 Association Officers

WELCOME!! Welcome to the first issue of the Clandestine Laboratory Investigating Chemists Association Journal. This issue brings to you information concerning laboratory seizure from all over the United States and Australia. I hope you find this issue both interesting and informative. For those of you who received our inaugural issue in October, you read that there was a marked increase in the number of clandestine P2P laboratories using the benzaldehyde - nitroethane route to the intermediate, 1-phenyl-2-nitropropene. From those reports, it was predicted that this route would gain popularity due to the ease of obtaining the necessary precursors which are not regulated. The increased interest in this route has been expressed both by confidential informants and investigators, resulting in about 25 calls a week to check on the validity of the method. The calls usually start out as, “Say, I’ve got an informant who says they have a new way of making P2P using benzaldehyde ...” For those of you who are interested, this method was published in 1950 and can be obtained at your local chemical library (HB Bass, AG Susie and RL Heider; “Nitro Alkene Derivatives,” Journal of Organic Chemistry, Volume 15,1950, pp. 8-14). Also featured in this issue is an article on Improvised Explosive Devices (IED) by Victor Poisson, an explosive device technician with the Riverside, California Police Department. Vic is a good friend to many of us and is well known around the clandestine laboratory training circuit for his thorough presentations on bombs and booby traps. I first met Vic a year ago when we traveled to Anchorage and Juneau, Alaska to train Alaska police officers on laboratory awareness. Vic is an excellent source of information concerning such devices and has agreed to provide us with updated information for the Journal. Vic has been with the Riverside Police Department for 15 years, 11 of those as an explosive device technician. He is a graduate of the FBI - US Army Hazardous Devices School and is a certified NATO instructor by the United Kingdom Ministry of Defense. Finally, I’d like to thank those of you who contributed information for this issue. Many of you were badgered around the holidays, and a few contributions just showed up on the FAX machine one day. Deadline for the next issue is March 15. Roger A. Ely Editorial Secretary

President: J. Thomas Abercrombie CA DOJ Crime Lab 1500 Castellano Rd. Riverside, CA 92509 (714) 782-4170 Vice-President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Ken Fujii Contra Costa Sheriff's Crime Lab 1122 Escobar Street Martinez, CA 94553 (415) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Executive Board Members: Terry A. DalCason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640 Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Richard Bingle Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LETTERS TO THE EDITOR Sir: Congratulations on the incorporation of your organization! I have just spoken with Mr. Steve Sottolano, regarding methamphetamine seizures, and he suggested I write to you. The Army and Air Force Drug Testing Laboratory system is interested in obtaining data for the proportions of d- and /-isomers of methamphetamine determined by your affiliated members and agencies during the analyses in methamphetamine seizures. We have drug testing data which document the methamphetamine isomer content for methamphetamine positive specimens. We wish to compare the urinalysis data with seizure data, to determine if the isomers found in urine are consistent with the methamphetamine seized in that region. If results are not consistent, it may indicate that there are methamphetamine sources and/or distribution routes that have not been uncovered. We are aware that most criminalists involved in clandestine lab investigations routinely analyze methamphetamine seizures for d- and /-isomer content, to help assess and track the synthetic pathway being used in the clandestine laboratory of origin. While these data may not be part of the standard report, they are typically recorded and could be obtained by a quick review of case files to form a representative database from many regions. We understand that the requested information can only be collected by physically pulling and quickly reviewing case files. However, I hope that you concur regarding the possible benefits of such a quick study, and will assist in the project. Any contributions will, of course, be acknowledged and approval requested prior to release of the information to any other parties. We truly appreciate any assistance your membership can provide. Please contact: CPT Carl Selavka, Ph.D. Operations Officer Forensic Toxicology Drug Testing Lab Tripler Army Medical Center Honolulu, Hawaii 96859-5000 (808) 433-5176

DEA WANTS TO CLOSE LOOPHOLE Drug Enforcement Report Volume 7, Number 4 November 23, 1990 The Drug Enforcement Administration wants to close what it says is a major “loophole” in the law aimed at depriving the manufacturers of illegal drugs the chemicals they need. According to the DEA, some chemical distributors have been knowingly and intentionally supplying illegal drug makers with large quantities of the chemical ephedrine, which can be used to make methamphetamine. Current law requires those who distribute, import or export certain chemicals to identify their customers, maintain records, report suspicious or unusual orders and give advance notice of exports and imports. However, when the law was drafted, certain non-prescription substances already approved by the Food and Drug Administration for over-the-counter sales were exempted from the reporting requirements. Ephedrine was one of those substances. It is frequently advertised in popular magazines as a “body stimulant” or “energizer” and is sold in 25 mg tablets. “This is a serious loophole in the law and we will ask the Congress to address it as soon as possible,” said Gene Haislip, who heads DEA’s Office of Diversion Control. Most of the ephedrine sales to drug manufacturers are through mail order businesses, according to another DEA diversion control officer. The official said a recent investigation led to the discovery of clandestine drug laboratory where investigators found 125 kilograms of ephedrine. While we’re on the subject ...

FEDERAL DRUG CHEMICAL LAW HAILED AS A SUCCESS Narcotics Control Digest Volume 20, Number 24 November 21, 1990

Sincerely Yours, /sl Carl M. Selavka, Ph.D. Captain, Medical Service Corps Letters to the Editor are encouraged. If you would like to request information, make a stand on an issue, comment on information printed in the Journal or any other field related topic, please forward your letter to: Roger A. Ely, Editor DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7055 - FAX

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A law to deprive illegal drug makers of needed chemicals has given the United States a big victory in its first year, but a major loophole remains to be closed, a top Drug Enforcement Administration official said November 14 in New Orleans. Gene Haislip, DEA deputy assistant administrator for the Office of Diversion Control, said there was a 45 percent decline in seized clandestine laboratories and a 50 percent drop in the export to Columbia of chemicals used to process cocaine.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION (Editor’s note: While there is not much argument that the number of seizures of domestic clandestine drug labs is down from previous years, the suggested amount of drop (45%) is suspect. What wasn’t mentioned was during that same reporting period the necessary elements needed to be present by DEA agents and chemists to call a seizure a “clandestine laboratory” were changed and tightened. In the past, seizures of only chemicals or glassware were frequently deemed “clandestine laboratories.” This is no longer allowed. Thus, one would expect a probable 25 to 30 percent drop due to the change in criteria only! Perhaps a better gauge of the effectiveness of enforcement on a target drug group is reflected in the going price on the street of that drug. This is readily evident with the fall and rise of cocaine prices. Discussions I’ve had with agents, diversion control investigators and others indicate the price of methamphetamine is unchanged, suggesting little shortage of the drug on the street.) “This represents one of the largest law enforcement victories that we have achieved in recent years,” Haislip said. Despite the law, he said some distributors knowingly and intentionally have been supplying illegal drug makers with large quantities of ephedrine. The non-prescription tablet frequently is advertised as a “body stimulant” or “energizer” but it can be used to make methamphetamine. The Federal Chemical Diversion and Trafficking Act took full effect last November. It requires chemical manufacturers and distributors to keep records for review by the DEA. The records include reports on certain orders and transactions and proof of identity of customers. “There is no doubt in my mind that the suppliers of these chemicals are now exercising a degree of surveillance and selfpolicing under this new legislation that has helped us make possible this enormous law enforcement gain,” Haislip told a news conference ending a DEA-chemical industry conference on the new law.

PRELIMINARY REPORT OF PSYCHOTHERAPEUTIC VALUE OF TWO 2,5-DIMETHOXYPHENETHYLAMINE DERIVATIVE COMPOUNDS PUBLISHED In a letter to the Editor in a recent issue of the Journal of Psychoactive Drugs (Volume 22, Number 3, July-September 1990, page 379), Myron J. Stolaroff of Lone Pine, California reports that two derivatives of 2,5-dimethoxyphenethylamine “... promise to have excellent psychotherapeutic value in clinical medicine.” The two compounds are 2,5-dimethoxy-4(ethylthio)phenethylamine (2C-T-2) and 2,5-dimethoxy-4(N-propylthio)phenethylamine(2C-T-7). The letter reports the “... drugs are active over a dose range of 12-30 mg, with 2C-T-2 being somewhat more potent. They are similar in effect and reach full intensity in approximately two

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hours... The decent is quite gradual and generally euphoric, providing several additional hours of heightened clarity that may be used to reflect on the prior experiences.” “In terms of activity, both of these drugs elicit empathic qualities, which led to free communication and feelings of wellbeing. At the same time, they have emotional-releasing qualities that afford exploration of repressed feelings, personal dynamics, and a wide range of thought levels, including the mystical levels of consciousness.”

IMPROVISED EXPLOSIVE DEVICE PROFILES VICTOR POISSON Explosive Device Technician Riverside Police Department Riverside, CA The Improvised Explosive Device, or IED, is certainly not a new phenomenon in clandestine laboratory investigations. Devices located in clandestine laboratories span the spectrum to include primitive mechanisms and electronic anti-intrusion counter measures. The most frequently encountered devices continue to be the rigid container fragmentation type, i.e. pipe bombs and hand grenade devices. The component availability for construction of this class of IED indicates it will continue to be encountered. The conversion of surplus military training hand grenades into improvised fragmentation grenades is increasing. Clandestine laboratory investigations have revealed a number of improvised hand grenades, especially among outlaw biker groups and methamphetamine production. The operational clandestine laboratory is often thought to be the greater hazard in contrast to “boxed” or non-operational laboratories in a stored condition. A recent investigation illustrates the necessity of diligence in the investigation of nonoperational clandestine laboratories. A search warrant was obtained for a rental storage facility and it was anticipated that components of a clandestine lab would be discovered. A partial search revealed the usual array of boxed glassware, although no chemicals were located. A further search revealed two suppressed automatic pistols, a pen gun, belted machine gun ammunition, two of the previously described converted hand grenades, explosive materials and electronic detonators. The necessity of carefully examining evidentiary material discovered in the course of search warrant activity can be further illustrated by another investigation. A search warrant was obtained for a remote residential location known to be occupied by a methamphetamine dealer. The suspect had active arrest warrants for drug, firearm and explosive device violations. A high risk entry team was utilized and upon initial contact a guard dog was permanently neutralized. The search revealed a quantity of armor piercing handgun ammunition and electric

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION initiators. The suspect utilized a vacuum-type thermal plastic sealer to seal his methamphetamine. The search progressed and various materials were located in identical vacuum seal bags. A sealed bag containing approximately 400-500 grams of a brown mass with a viscous exudate was located. Careful examination determined the material to be commercial dynamite in a deteriorated state. The hazards associated with clandestine laboratories continue to surface in conducting investigations. Proper, methodical application of established safety guidelines are paramount to the safety of personnel involved in clandestine lab investigations.

INFORMATION ON LAB SEIZURES The following information concerning the seizure of clandestine laboratories has been contributed by members of the Association. This information is presented with the hope that it will inform and possibly predict trends in the operations of suspected clandestine laboratories. If you have more questions concerning an aspect of a laboratory described here, you are encouraged to contact the individual reporting it for more information. Members are encouraged to submit narrative information about laboratory seizures, no matter how insignificant the laboratory might seem to be. Remember, clandestine chemists have an advantage over us because they can freely move about and take their methodology with them. We, on the other hand, must remain in our own jurisdiction. A special “Thank you” to those members who provided material for this issue after some slight coercion from the Editor.

“ICE” METHAMPHETAMINE LAB SEIZED IN SOUTHERN CALIFORNIA Narcotics agents and police raided an active drug laboratory capable of producing at least $1 million worth of crystal methamphetamine, or “ICE,” and arrested four Korean gang members, officials said December 12 in Los Angeles. Agents from the Drug Enforcement Administration, the State Bureau of Narcotics Enforcement and Los Angeles Police raided a North Hollywood apartment December 11, DEA spokesman Ralph Lochridge said. “The DEA chemist advised us there was enough raw chemicals to produce approximately 10 pounds of ice which we believe they were going to ship directly from Los Angeles to Hawaii,” he said. The potent smokeable form of methamphetamine, worth about $ 100,000 per pound on the street, is in great demand in Hawaii. “They don’t have a crack problem. They have an intense and severe ice problem,” Lochridge said. Lochridge said the North Hollywood raid was the first documented case of “ICE” manufacturing in Los Angeles for distri-

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bution in Hawaii. The four suspects had ties to a group of people, arrested by the DEA in Hawaii, who were running a $1 milliona-month lab in the islands. Narcotics Control Digest Volume 20, Number 26 December 19, 1990

BENZALDEHYDE / NITROETHANE ROUTE TO PHENYL-2PROPANONE LABORATORY SEIZED IN OREGON. In November of 1990 the Oregon State Police Crime Laboratory in Portland participated in the field investigation of a clandestine laboratory in the Coast Range mountains southwest of Portland. The laboratory site was discovered by a State Police officer investigating an illegal elk kill as he searched for the carcass. The clandestine lab was manufacturing methamphetamine from P-2-P and methylamine in the usual fashion. The P2-P was being prepared from 1-phenyl-2-nitropropene by hydrolysis with iron filings and hydrochloric acid. The nitropropene was prepared by the reaction of benzaldehyde and nitroethane in ethanol, probably in the presence of n-butylamine. The laboratory was located in a house trailer on a hillside in a forested, rural area. The estimated production capacity of this lab was probably in the half-kilogram per batch range. Another case apparently not connected to the one above was submitted to the OSP-Portland Laboratory by the local metropolitan strike force. Analysis of samples from this laboratory are consistent with the same process. The crystal-like nitropropene intermediate (a yellow powder) was purportedly present in several kilogram quantities at the scene packed in plastic, suggesting the ease with which this intermediate might be prepared and transported among dispersed sites in a decentralized clandestine laboratory operation. Contact with local representatives of a Federal task force also indicates the method is well known to informants in the area, and that methamphetamine prepared by this route is sometimes referred to by the terms “jet crank” or “rocket fuel.” It is expected more clandestine laboratories using this method will be seen in the future in this area. Linton A. von Beroldingen OSP Crime Laboratory – Portland, Oregon

MISLABELED CHEMICAL CONTAINER LIKELY CAUSE OF N,N-DLMETHYLAMPHETAMINE IN TEXAS In July 1990 the Texas Department of Public Safety Crime Laboratory in Garland received several exhibits of an off-white powder suspected to be amphetamine. In the analysis of these exhibits, they were found to contain N,N-dimethylamphetamine. The results were confirmed by infrared spectroscopy (ref. Micro-

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION gram, Volume 12, Number 6). Later that month, officers from the same area seized a nonfunctional clandestine amphetamine laboratory. No finished product was found in the clandestine laboratory exhibits. Chemicals present included phenylacetic acid, acetic anhydride, sodium acetate and formic acid. Nine 1-gallon plastic containers labeled “FORMAMIDE” were also confiscated. This formamide differed in color and in odor from known formamide. Analysis of the liquid in the formamide containers confirmed this liquid was not formamide but instead was identified as N,N-dimethylformamide. This “formamide” is sold by a Dallas based chemical supplier for $95 per gallon. The phenylacetic acid, acetic anhydride, sodium acetate and formic acid were identified as labeled. Kenneth Evans Texas DPS Crime Laboratory – Garland, Texas

FIRST METH LAB IN SOUTHEAST ALASKA SEIZED Arraignment was held on December 5 in Anchorage, Alaska for four people arrested the evening of December 4 in Juneau on charges of manufacturing methamphetamine. The four were arrested at a travel trailer park in Glacier View Trailer Park in the Mendenhall Valley, near the famous Mendenhall glacier. According to investigators, the home towns of the four suspects are believed to be in the Lower 48. The arrests were made about 8:30 PM ending an investigation that started November 16 with information of a suspicious chemical purchase passed on by the Royal Canadian Mounted Police to the US Customs Service. The chemicals were monitored by US Customs and DEA as they moved from Blaine, Washington to Juneau. “This is the first ‘meth’ lab to be seized in Southeast Alaska,” Sgt. Darrel McCracken said. “I believed all along that it was only a matter of time before we got labs. I would hope this helps keep it out.” A federal search warrant was used to search the travel trailer and utility trailer in the park, just off the Mendenhall Loop Road. Officers seized chemicals, glassware and lab equipment just as the four suspects were beginning to process the drug. An estimated 2 pounds of methamphetamine could have been manufactured from this laboratory, with a street value of about $150,000. Officers also found an infant at the lab site. McCracken said the child, less than 1 year old, belongs to one of the people arrested. The child was turned over to state Division of Family and Youth Services. A specially trained hazardous waste team from the Lower 48 has been contracted by DEA to clean up the drug-processing lab, which was secured by authorities. Matt Kohlman The Juneau Empire - December 5, 1990

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METHAMPHETAMINE AND AMPHETAMINE LABORATORIES SEIZED IN AUSTRALIA In the past three months two clandestine drug laboratories were located in domestic houses in the suburbs of Melbourne. The first laboratory was producing methamphetamine hydrochloride starting from phenylacetic acid and using reductive amination with mercuric chloride as a catalyst. There were two 20 liter reaction vessels located in addition to an assortment of laboratory equipment. In the kitchen of the house was methamphetamine hydrochloride in the form of a slurry in liquid inside two buckets (1.8 kilograms in 16.9 liters of liquid). The slurries contained approximately 50% methamphetamine hydrochloride with a major impurity of α-benzyl-N-methylphenethylamine and two minor impurities identified as 2-benzyl-3-phenylpropene and l,3-diphenyl-2-methylpropene. In a glass jar there was over 200 ml of red liquid containing methamphetamine base and the same impurities as outlined above. The other laboratory was smaller in scale of operation and designed to produce amphetamine sulfate starting from phenylacetic acid followed by the Leuckart synthesis. There was approximately 200 grams of product located and the diluting agent was reportedly mannitol. Mike Perkal State Forensic Science Laboratory Macleod, Victoria - Australia

TRAVEL TRAILER FOUND TO CONTAIN CLANDESTINE LABORATORY Recently, the California Department of Justice Laboratory in Modesto seized a clandestine methamphetamine laboratory located in a trailer that had been towed to the Lodi Municipal Service Yard. Inside the trailer were chemicals and equipment, including 12 and 22 liter round bottom flasks and heating mantles, for the manufacture of methamphetamine by both the ephedrine / HI method and the phenyl-2-propanone / methylamine method. One 12 liter round bottom flask contained a red powder residue. Analysis of the residue revealed a mixture of red phosphorous, ephedrine and methamphetamine, as well as the aziridines and substituted naphthalenes commonly seen as byproducts in the ephedrine / HI method. In addition to the above synthetic routes, chemicals and reaction mixtures were present that indicated the manufacture of P-2-P by the benzyl cyanide / sodium ethoxide method. The trailer itself had a compartmentalized storage area to fit small round bottom flasks as well as other small glassware items, equipment and chemicals. The storage area would minimize the breakage of glassware and spillage of chemicals during movement of the trailer. Also, all the light fixtures and fan motors had been caulked around the seams so as to make them gas tight.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Apparently the owner of the trailer knew of the danger of the 15 gallons of diethyl ether found in the trailer and tried to minimize the danger of a vapor explosion. Katy Ciula CA DOJ Crime Laboratory – Modesto, CA

RE-USE OF HCL CYLINDERS POSE SAFETY HAZARD FOR INVESTIGATORS During the seizure of clandestine drug laboratories, it is not uncommon to discover and dispose of anhydrous hydrogen chloride gas cylinders ranging in size from lecture bottles to fullsized cylinders. Once the clandestine chemist begins to use these cylinders, the corrosive gas begins to attack the valve system, often making it difficult or impossible to stop the gas flow from them. A recent interview with an informant by members of a clandestine laboratory task force developed information that laboratory operators were starting to recycle their cylinders. This recycling involved the total exhaustion of the HCl gas from the cylinder. The operator would then remove the valve from the tank, add rock salt to the cylinder along with concentrated sulfuric acid and aluminum foil, and quickly re-cap the cylinder. This procedure produces HCl gas, and keeps it under pressure for future use. The purpose of the aluminum foil is not clear. Just how this procedure effects the cylinder is not known. However, the tanks are rated for an anhydrous HCl gas. The HCl gas produced by this method will have a great deal of moisture present. This moisture and any residual sulfuric acid may attack and internally corrode the cylinder. Truly, this could produce an acid bomb that is of extreme danger to everyone present at the site. Therefore, special care, handling and examination of the HCl gas cylinder should be performed by the on-site chemist. Staff DEA Southwest Laboratory – National City, CA

DIVERSION OF CHEMICALS DISCOVERED IN COLORADO STATE HEALTH LABORATORY In early November 1990, an evening supervisor at the Colorado Department of Health came across a rather disturbing occurrence. He had been summoned to the lab because of the report of a nauseating smell emanating from the lab. One of the health department employees who working in the urine drug testing lab was in the process of weighing out various chemicals from the supply room. The primary chemicals being weighed out were phenylacetic acid and lead acetate. The detective responding to the lab also immediately recognized the employee as an individual he had previously arrested and won a conviction for

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the manufacture of methamphetamine. This individual was not a new employee and had risen from technician to chemist over a period of time. It is not certain whether the individual planned to “cook” on site or take the chemicals to another location. The individual’s motivation for this act was not known, although it had been reported that he appeared agitated and acting abnormally the week before the incident. It appears he was about to engage in the dry distillation of phenylacetic add and lead acetate to produce P-2-P. This lab was a shock to all involved and points out the need for good background investigations of prospective employees and the need for security measures in regards to drugs or chemicals which may be used for the manufacture of drugs. Thomas Netwal Colorado Bureau of Investigation Crime Laboratory Denver, CO

N,N-DIMETHYLAMPHETAMINE LABORATORY SEIZED IN WASHINGTON STATE An illicit drug lab was recently encountered in the State of Washington which was unusual for its size. The cooks had dismantled the lab and stored their reagents and glassware in a van, which was impounded by the county sheriff. Removed from the van, which was packed to the ceiling, were six 22 liter reaction flasks and heating mantles, two 22 liter separatory funnels, five 4 liter and one 8 liter Büchner funnel with fritted glass, eight Friedrichs condensers, one five gallon and one 12 liter Erlenmeyer flask with vacuum nipple, and a battery of six vacuum pumps. In addition, over 300 pounds of white powder presumed to be ephedrine was seized along with two kilograms of red phosphorus and a five gallon carboy of hydriodic acid. A sample was also taken of the vacuum pump oil. Analysis identified the white power as N-methylephedrine. Using the same procedure for methamphetamine production from ephedrine (with HI and red phosphorus) the cooks were producing N,N-dimethylamphetamine. Undercover police had purchased several ounces of what they had presumed to be methamphetamine from the suspects, but which proved to be N,N-dimethylamphetamine, the first encountered in this state. Traces of this compound as well as methamphetamine were also found in the vacuum pump oil. Erik Neilson WSP Crime Laboratory – Seattle, WA

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION LARGE MULTI-DRUG CLANDESTINE LABORATORY SEIZED IN SEATTLE, WA A large clandestine drug lab and marijuana growing operation was seized in Seattle recently. This laboratory was the largest ever encountered by Seattle Police by the volume of chemicals, glassware and equipment involved. Initially the lab was thought to be producing only methamphetamine because of the presence of approximately 4.5 kilograms of methylamine HC1 and 15 gallons of yellow liquid labeled P-2-P. Notes for the production of MDA, literature for the production of MDA analogs, chemicals and special glassware (Soxhlet extractor) necessary for the manufacture of MDA were found upon further investigation. The precursors found were 750 grams of piperonal and four (4) pints of nitroethane. Other literature encountered were the following: 1) Synthesis of cocaine via 2,5-diethoxytetrahydrofuran. 2) Synthesis of psilocin and psilocybin 3) Numerous books and articles in mycology, mushroom production and identification. 4) Extraction procedures for isolating codeine from pharmaceuticals. 5) Numerous articles on organic synthesis of functional groups and analogs. The laboratory was well organized and equipped including two rotary evaporators. Ray Kusumi WSP Crime Laboratory – Seattle, WA

REMOTE LAB IN PENNSYLVANIA SEIZED In early October 1990, in the central Pennsylvania area, a suspected P-2-P / methamphetamine clandestine laboratory was seized. The laboratory was set up in a house trailer in a secluded, wooded area. Water was brought into the trailer by garden hoses and electricity by extension cords from a nearby electrical / telephone pole. The windows in the trailer were covered with cardboard, wood or tar paper. There was one roof and one window exhaust fan. The trailer appeared to have only what was needed for the manufacturing processes and was not suitable for habitation. The process intended to be used (according to recipe) to make the P-2-P was phenylacetic acid, sodium acetate and acetic anhydride. The P-2-P was to be cleaned up shaking out with sodium hydroxide and water and finally by distillation. The process intended to be used for the manufacture of methamphetamine was to use the P-2-P from the previous process, isopropanol, methylamine, mercuric chloride and aluminum foil. All of the necessary chemicals and equipment were present. It appeared that in the early attempts to make the P-2-P the cookers were using acetic acid, rather than acetic anhydride. The cookers

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were ultimately successful in manufacturing P-2-P. The main problem encountered at the location was trying to dress in the necessary clothing and equipment without having a suitable vehicle or residence / building nearby. Paul R. Daube Pennsylvania State Police Crime Lab – Harrisburg, PA

STATE POLICE TRAINING MATERIALS SEIZED AT CLANDESTINE LABORATORY SITE Investigators were surprised during the recent seizure of an ephedrine reduction laboratory by red phosphorus /hydriodic acid in Newport, Oregon to find portions of training materials prepared by one of the investigators in the possession of the clandestine cook. Found at the scene were potions of handouts from a state narcotics officer’s training manual on clandestine laboratories including drawings of what glassware items look like and are named; synthesis procedures with glassware size and chemical quantities for P-2-P by phenylacetic acid, by thallium (II) nitrate and a-methylstyrene, methamphetamine by P-2-P and methylamine, methamphetamine by ephedrine, red phosphorus and hydriodic acid, and methamphetamine via thionyl chloride / catalytic reduction; safety information; sketched diagrams detailing synthesis procedures; and a list of phone numbers, including the Oregon State Police Crime Laboratory phones. It appears the suspect obtained these documents through their defense counsel on a prior matter. The material is addendum information attached to an affidavit seeking a search warrant for a clandestine laboratory, and was attached to help explain some of the terms used in the affidavit. Since this material is discoverable, the defense counsel obtained a copy of the affidavit and probably provided it to the defendant. This is not the first time such material has been found in clandestine laboratories. In a recent case, a repeat offender had a copy of the trial transcript of my testimony detailing the synthesis procedure being used. This suspect was using the transcript as a study guide on manufacturing methamphetamine. It is unknown how much the material helped the suspect as she was found to be soaking lead wheel weights in a jar of vinegar to make lead acetate. While the intentions of the investigators seeking the search warrant are sincere, agents must also be made aware of the possible repercussions that can come from the inclusion of such “sensitive” information in discoverable documents when not need. Each laboratory is encouraged to contact the group of investigators you work with to apprise them of this potentially damaging situation and recommend the use of such demonstrative material not be included in a search warrant affidavit unless it is absolutely necessary. Kathy Wilcox OSP Crime Laboratory – Coos Bay, OR

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION PCP LABORATORY SEIZED IN KERN COUNTY, CA

PCP BASE ENCOUNTERED IN FRESNO AREA

In December of 1990, the Kern County Regional Crime Laboratory seized the Grignard portion of a PCP clandestine laboratory. The site consisted of a 32 gallon garbage can that was approximately 1/3 full of a brownish liquid with a brown, sludge with magnesium turnings at the bottom. The reaction mixture was bubbling slightly. The reaction mixture was determined to contain magnesium turnings, iodine, ethyl ether and, instead of bromobenzene, chlorobenzene. Also identified in the same were 1,4-dichlorobenzene and biphenyl in small amounts. Due to the large amount of chlorobenzene found in the reaction mixture and the mixture’s lack of reactivity with water, this reaction mixture represented an unsuccessful attempt at making a Grignard reagent. There are several possible reasons why this attempt to make the Grignard did not work. One possible reason is the contact of the reaction mixture with oxygen and moisture in the open garbage can not only inhibited the initiation of the reaction, but also destroyed the any or all of the Grignard once it was formed. Secondly, the location of this site was out on the Mojave desert with ambient temperatures in the low 30’s on the night it was first discovered. A third possible reason, listed in at least one reference (An Introduction to Modern Experimental Organic Chemistry; 2nd edition; Holt, Reinhart and Winston, Inc.) state that aryl chlorides do not react with magnesium in ethyl ether, but they readily react when tetrahydrofuran is used as the solvent. Lastly, the reactivity of the halide with magnesium is considered. Iodides are the most reactive, followed by bromides and then chlorides. Therefore, chlorobenzene is less reactive with the magnesium metal than the traditional bromobenzene. An attempt was made in our laboratory to make a Grignard reagent from the chlorobenzene reaction liquid found at the lab site. This attempt was unsuccessful, even when the material was refluxed. While we used anhydrous ethyl ether, it would have been interesting to see if tetrahydrofuran would have worked better as the solvent medium. The two suspects apprehended in this matter were ordered to stand trial in California state court for conspiracy to manufacture PCP, attempted manufacture of PCP, general hazardous waste statute and gang-related enhancements on these charges. Both suspects are Hispanic males from the Los Angeles area. One is a known gang member, and the other is a known associate of gang members.

The California Department of Justice Laboratory at Fresno is currently seeing phencyclidine (PCP) base being submitted. The exact method of manufacture is unknown. It appears, though, that the PCP powder is recovered from manufacture and then is treated like crack or rock cocaine. The PCP powder in the salt form is dissolved in water along with baking soda (sodium bicarbonate). This converts the salt to a base. The solution is heated which melts the PCP and expels carbon dioxide. Cooling causes the PCP to solidify as a lump. This procedure is inferred because we are seeing indications of bicarbonate in some submissions and we are seeing procaine being used as a cutting agent, as in crack cocaine. The reader is cautioned that PCP base is a volatile substance and could pose a serious health concern, especially if heated. Any information or recipes regarding this usual concoction would be appreciated.

Brenda Smith Kern County Regional Crime Lab – Bakersfield, CA

Mark F. Kalchick CA DOJ Crime Lab – Fresno, CA

ARIZONA DPS LAB REPORTS THREE LAB SEIZURES With the increase in clandestine lab enforcement and public awareness, clandestine lab operators are seeking alternatives to the conventional equipment used to produce controlled substances. The Arizona Department of Public Safety has seized three clandestine methamphetamine manufacturing operations using variations of the ephedrine / HI reaction using a pressure cooker as a reaction vessel. The first seizure was in Phoenix in February of 1989. In this lab the ephedrine, HI and phosphorous were placed in a crock pot. The lid was secured in place with duct tape, the pot placed into a pressure cooker setting on a propane burner and the cooker heated for a period of time. The extraction and salting procedures were the same as in the normal reflux operation. The second seizure took place in Lake Havasu City, Arizona in October of 1989. This lab used mason jars in place of the crock pot to hold the reaction mixture. The suspect cooked these mixtures for eight hours and was reported to obtain a 50% yield. In the final case, the suspect had been arrested by the Arizona DPS four times in three months on manufacturing charges. He had no money or equipment to manufacture methamphetamine. He was finally arrested in Colorado were he was resorting to cooking the ephedrine / HI mixture in a pressure cooker without any other type of container to hold the strongly acidic mixture. Donn Christian AZ DPS Crime Lab –Phoenix, AZ

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION MAKESHIFT LAB SEIZED IN EL DORADO COUNTY, CA An unusual ephedrine/ HI laboratory was recently seized in El Dorado County, California where the operator was using very primitive means to manufacture methamphetamine. The reaction flask was a large glass container resembling a milk bottle with a capacity of approximately 10 gallons. The bottle was heated on a gas burner fed by a propane tank. The bottle was heated by placing it in a large black metal kitchen pot filled with olive oil. The entire assembly was placed into a fireplace opening during the cook. Evidence at the scene indicates the suspect was using 10 pounds of ephedrine to 1 pound of red phosphorous and 3 gallons of hydriodic acid. DEA Western Lab San Francisco, CA

REFERENCES The following citations and abstracts are of papers and publications that might be of interest to the forensic chemist building and/or maintaining a reference collection. “Normal Phase TLC Separation of Enantiomers Using Chiral Ion Interaction Agents” JD Duncan, DW Armstrong and AM Stalcup; Journal of Liquid Chromatography, Volume 13, Number 6, 1990, pp. 10911103 A method for the thin layer chromatographic (TLC) separation of enantiomers and diastereomers involving the use of chiral ion interaction agents is described. Several aromatic amino alcohols were resolved by TLC on diol and/or high performance silica gel plates using a mobile phase containing (1R)-(-)-ammonium-10-camphorsulfonate or N-benzoxycarbonyl-glycyl-L-proline (ZGP). Many of these chiral aromatic amino alcohols are of pharmacological importance as α- and β-adrenergic blockers, adrenergic compounds and anti-glaucoma agents. A comparison was made between various N-CBZ-amino acid derivatives as chiral counter ions/chiral mobile phase additives. These separations could not be achieved on other normal phase TLC stationary phases including microcrystalline cellulose, alumina and ordinary silica gel plates. “Reactive Airway Dysfunction Syndrome in Three Police Officers Following a Roadside Chemical Spill” RA Promisloff, GS Lenchner and AV Cichelli; Chest, Volume 98, October 1990. pp. 928-929 The reactive airway dysfunction syndrome (RADS) is a recently described syndrome in which bronchial hyper-reactivity and asthmatic symptoms develop in previously healthy individuals after a single large exposure to an irritating gas, fume, or vapor. We report a cluster of three Philadelphia police officers

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who developed RADS after a common exposure to toxic fumes from a roadside truck accident. Results of initial pulmonary function testing were normal in all three, and methacholine challenge was required for diagnosis in two out of three. This syndrome needs to be recognized by physicians dealing with environmental or industrial medicine as a potential cause of loss of work or ability to perform on the job. Also, there is a potential for multiple individuals to develop this syndrome from a single accident. “Synthesis of lndoles via Ring Closure of 2Alkylnitroaniline Derivatives” J Bergman and P Sand; Tetrahedron, Volume 46, Number 17, 1990, pp. 6085-6112 A variety of nitroindoles have been prepared from imidate, amidine and sec-anilide derivatives of 2-alkyl-3- or 5-nitroanilines by a base-induced cyclization promoted by dialkyl oxalates. It is shown that essentially the same procedure also can be used to synthesize the corresponding nitroindole-3-glyoxylates in one simple operation. The synthetic potential is discussed and a mechanism is proposed. “Synthesis of 11-Nor-delta8 Tetrahydrocannabinol-9-carboxylic Acid Methyl Ester” MA Tius and GS Kamali Kannangara; Journal of Organic Chemistry. Volume 55, 1990, pp. 5711-5714 A short stereospecific synthesis of optically active delta8-THC carboxylic acid methyl ester proceeding from (+)-apoverbenone has been accomplished. The key steps are the addition of the cuprate derived from a lithiated olivetol ether to apoverbenone and the cationic cyclization of vinyl trifluoromethanesulfonate. The methodology for this synthesis is general enough to be applied to other cannabinoids. “Reductive Amination of Aldehydes and Ketones with Weakly Basic Anilines Using Sodium Triacetoxyborohydride” AF Abdel-Magid and CA Maryanoff; Synlett, Volume 9, September 1990. pp. 537-539 The weakly basic chloro-, nitro-, cyano, ethoxycarbonyl- and carboxy-substituted anilines react with aldehydes and ketones under reductive amination conditions, employing sodium triacetoxyborohydride, to give excellent yields of the corresponding secondary aromatic amines. “Reductive Amination of Aldehydes and Ketones by Using Sodium Triacetoxyborohydride” AF Abdel-Magid, CA Maryanoff and KG Carson; Tetrahedron Letters, Volume 31. Number 39, 1990, pp. 5595-5598 Sodium triacetoxyborohydride is a reagent of choice in the reductive amination of aldehydes and saturated aliphatic ketones with primary and secondary amines.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “The Carcinogenic Potential of Cocaine” H.S. Rosenkram and G. Klopman; Cancer Letters, Volume 52, 1990, pp. 243-246 Analysis of cocaine by CASE, an expert system, results in the prediction that cocaine is a rodent carcinogen. In view of the widespread exposure to cocaine this is cause for alarm, especially as in utero exposure has been widely documented and the developing human fetus is at an increased risk of transplacental cancer induction.

using standard reversed-phase conditions on achiral C18 stationary phases. These procedures allow the forensic chemist to determine the identity and stereochemistry of amphetamines and related compounds in forensic samples.

“A Novel Approach to (+)-Yohimbine” Y Hirai, T Terada, Y Okaji, T Yamazaki and T Momse; Tetrahedron Letters, Volume 31, Number 33, pp. 4755-4756 The synthesis of (+)-yohimbine was achieved by the reaction sequence involving the asymmetric intramolecular Michael reaction to form the D-ring piperidine system and subsequent formation of the E-ring skeleton followed by regio- and stereoselective introduction of the methoxycarbonyl and hydroxyl on the ring E.

“Mechanism of the Neurotoxicity of MPTP • An Update” TP Singer and RR Ramsay; Federation of European Biochemical Societies Letters (FEES Letters), Volume 274, Number 1,2; pp. 1-8 This review summarizes advances in our understanding of the biochemical events which underlie the remarkable neurotoxic action of MPTP (1-methyl-4-phenyl-1-1,2,3,6-tetrahydro-pyridine) and the parkinsonian symptoms it causes in primates. The initial biochemical event is a two-step oxidation by monoamine oxidase B in glial cells to MPP+ (1-methyl-4-phenylpyridinium). A large number of MPTP analogs substituted in the aromatic (but not in the pyridine) ring are also oxidized by monoamine oxidase A or B, is in some cases faster than any previously recognized substrate.

“Methods for the Analysis and Characterization of Forensic Samples Containing Amphetamines and Related Amines” FT Noggle, J DeRuiter and CR Clark; Journal of Chromatographic Science, Volume 28, October 1990, pp. 529-536 Liquid chromatographic methods are described for the analysis of forensic samples containing amphetamine and methamphetamine. These are among the more common drugs encountered from clandestine laboratories. The methods are illustrated with numerous examples of drugs submitted for forensic analysis. Precolumn derivatization of these amines with phenylisothiocyanate yields thiourea products having good reversedphase chromatographic properties and high UV molar absorptivitives. Using similar derivatization procedures, the enantiomeric composition can be determined for those amines containing a chiral center. The separation of the diastereoisomeric products of chiral derivatization can be accomplished

“Flexible N-Methyl-4-phenyl-1,2,3,6-tetrahydropyridine Analogues: Synthesis and Monoamine Oxidase Catalyzed Bioactivation” SMN Efange, RH Michelson, RP Remmel, RJ Boudreau, AK Dutta and A Freshler; Journal of Medicinal Chemistry, Volume 33, Number 12, pp. 3133-3138 Eighteen analogues of N-methyl-4-phenyl-1,2,3,6-tetrahydropyridine (MPTP) were synthesized and evaluated as substrates of monoamine oxidase. In general, the flexible analogues, characterized by the presence of a methylene (or ethylene) bridge between the aryl/heteroaryl and tetrahydropyridyl moieties, were better substrates of the enzyme than the conformationally restricted MPTP. It is suggested that the increased oxidative activity of these flexible analogues reflects enhanced binding due to the ability of the C-4-aryl/heteroaryl substituent to gain access to a hydrophobic pocket within the substrate binding site.

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VOLUME 1 NUMBER 1 — JANUARY 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 1 NUMBER 3 — JULY 1991

In This Issue Features Letters to the Editor Possible Use of Dimethylurea Disclosed ................................................ 2 Typographical Error in MDA Recipe ..................................................... 2 Details of First Technical Meeting in San Diego .......................................... 3 Association’s Future Topic of First Meeting ................................................ 4 Stronger Controls Urged on Chemicals......................................................... 4 Chemical Company President Gets Prison Sentence .................................... 5 Statute Defining Controlled Substance Analog Not Unconstitutionally Vague ................................................................ 5 Drug Laboratory Seizures Methamphetamine Lab Seized in Western No. Carolina ....................... 6 Methamphetamine - Methadone Lab Seized in WA .............................. 7 Literature References .................................................................................... 7 Original Papers The Use of Latent Prints in the Investigation of Clandestine Drug Labs ............................................................................ 9 T.R. Ekis, Max Courtney and J.M. Ma berry A Spreadsheet Program for the Determination of Volumes of One and Two Phase Liquids in Round Bottom Reaction Flasks ............................................................ 12 Roger A Ely Methamphetamine Via the Pressure Cooker ............................................... 17 Donn Christian and Roger Schneider The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January April, July, and October. The Journal encourages submissions from the membership concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references where necessary. Research papers or material over one page in length is requested to be submitted on IBM computer disk (contact the Editor for more information). One of the primary goals of the Journal is the rapid dissemination of information regarding illicit laboratories: as such, peer reviews of technical materials will be performed in a speedy manner. For more information concerning the Journal, contact the Editor.

Association Officers President: J. Thomas Abercrombie CA DOJ Crime Lab 1500 Castellano Rd. Riverside, CA 92509 (714) 782-4170 Vice-President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Ken Fujii Contra Costa Sheriff's Crime Lab 1122 Escobar Street Martinez, CA 94553 (415) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Executive Board Members: Terry A. DalCason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640 Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Richard Bingle Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LETTERS TO THE EDITOR POSSIBLE USE OF DIMETHYL UREA DISCUSSED Sir: Regarding the use of 1,3-dimethylurea (CLIC Journal, Inaugural issue, October1990), its most likely illicit use is its conversion by hydrolysis to methylamine. The hydrolysis of tert-butylurea can be accomplished by refluxing for 4 hours with sodium hydroxide, water and ethylene glycol [1]. Attempts to hydrolyze 1,3-dimethylurea with sodium hydroxide and concentrated hydrochloric acid on a warm steam bath produced only a trace of methylamine. Urea can also be used to neutralize acids such as acetic acid and acetic anhydride in a phenyl-2-propanone synthesis. James Heagy Senior Forensic Chemist DEA Western Laboratory San Francisco, CA 1.

“Hydrolysis of tert-Butylurea,” Organic Syntheses, Collective Volume 3, E.C. Horning, Editor, John Wiley and Sons, Inc., New York, pp. 154.

(Editor’s Note: While we are on the subject, the following reference concerning the use of dimethylurea for the synthesis of o-methoxymethamphetamine was provided by Mark Kalchick of the California Department of Justice Crime Laboratory in Fresno, California: Morisbita, H., Nakano, S., Satoda, I., and Shishii, T., “Secondary Amines by Use of N,N-Dimethylurea, Japanese Patent 15(1957) to Nippon New Drug Co. ChemAbstract citation: 52:2911c (1958). o-Methoxyphenyl-2-propanone 164, 80% formic acid 230, and dimethylurea 176 is heated 2 hours at 110-120°, 1 hour at 200° and 3 hours at 200-230° cooled, 20% HCl 500 added, the mixture refluxed 1 hour, the solution extracted with diethyl ether, the HCl layer made alkaline with NaOH, and extracted with diethyl ether gave o-methoxymethamphetamine 127 parts.)

TYPOGRAPHICAL ERROR IN MDA RECIPE

The first publication of this particular synthetic route to MDA appeared in two Japanese scientific articles which described the oxidation of isosafrole to 3,4-methylenedioxyphenylacetone [2] and its subsequent conversion via a Leuckart reaction with ammonium formate to give MDA [3]. In this recipe, the abstracts explicitly stated that water was to be used as a diluent: “23 g. II (this is code number used for the substituted acetone) and 65 g. HCONH2 heated 5 hrs at 190°C the solution cooled, 100 ml water added, the mixture extracted with (...) to give 11.7 g. II (MDA).” The second publication was a patent issued to a Japanese research foundation [4], and it covered the exact same preparation. And it appears that the same experimental notes might well have been called upon, as the weights of both the chemicals used and the product obtained, are identical. The phraseology reported here is: “I (this is the code number used for the substituted acetone) 23 g. and 65 g. HCONH2 is heated at 190°C 5 hrs., cooled, 100 cc. H202 added, extracted with (...) to afford 11.7 g. II (MDA).” In both examples, the phenylacetone was prepared from isosafrole with performic acid generated from formic acid and hydrogen peroxide in an acetone solution. I have personally duplicated this reaction, and the directions given are completely sound. But in the formamide step in the second abstract, the term H202 had been substituted for H20. There is neither precedent nor logic in the use of a peroxide in reductive amination, and clearly this recipe contains an error introduced either in the original patent, in its translation, or in its abstraction. I have not been successful in obtaining a copy of this patent. Alexander T. Shulgin 1483 Shulgin Read Lafayette, CA 94549 1. 2. 3. 4.

Budge and Reagan, JCLICA, Vol. 1 No. 2 pp. 6-7 (1991). Fujisawa and Deguchi, J. Pharm. Soc. Japan, Vol. 74 . pp. 975- 977 (1954). CA 49:10958i (1955). Fujisawa and Deguchi, J. Pharm. Soc. Japan, Vol. pp. 977980(1954). CA 49:10959b (1955). Fujisawa, Okada and Deguchi, Japanese Patent #8573, October 5, 1956. CA: 52:11965b (1958).

Dear Sir: A note appeared in the last issue of this Journal [1] describing an explosion that occurred following the introduction of hydrogen peroxide into a reaction process directed towards the preparation of MDA. I believe this was a mistake that was a direct consequence of following a chemical recipe that contained a typographical error.

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VOLUME 1 NUMBER 3 — JULY 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

DETAILS OF TECHNICAL MEETING IN SAN DIEGO The details of the First Annual meeting of the Clandestine Laboratory Investigating Chemist Association are being finalized. The meeting, scheduled for September 4-7 at the Bahia Resort Hotel in San Diego, California, promises to bring together a unique group of forensic chemists seeking to refine and advance the state of knowledge concerning the chemical investigation of illicit drug manufacturing laboratories. The schedule of activities for the meeting are as follows: September 4: Two workshops will be held on this day. The first is a Legal Update session featuring Ms. Barbara Channell of the LA County District Attorney’s office and Ms. Nancy Simpson, Assistant United States Attorney for Eastern California. The topics to be covered include alternative charging of lab operators, recovering cleanup costs, federal sentencing guidelines and other ways which the forensic chemist must deal with local and federal legal requirements. The second workshop will be presented by Mr. Victor Poisson of the Riverside Police Department on Bombs and Booby Traps in Drug Labs. Victor is well known in the western United States as an expert in improvised explosive devices. Wednesday night will feature an informal session of discussion on any and all issues related to lab investigations we’re calling it a “BYOS” (Bring Your Own Slides) session. September 5: The first business meeting of the Association will be held at 9AM. This first meeting is important as it will direct the future of the Association and its activities. Also to be determined at this business meeting is the site of the 1992 meeting. If you have a suggestion of a location or would like to volunteer and cannot make the San Diego meeting, contact one of the Board of Directors with your ideas. After the business meeting three keynote speakers, Special Agent Patrick Gregory - DEA, Seattle, Robert Sager - retired DEA Western Lab Director, and John Metcalfe, Ph.D. - Metropolitan Police Forensic Lab, London, will speak on some of the historical aspects of clandestine laboratory investigation and on the illicit lab problems in the UK. The afternoon will feature poster presentations in the vendor’s area and allow the attendees to talk technical with the many vendors present. September 6 & 7: Technical paper session begins Friday morning and concludes Saturday at noon. To date, we have received abstracts on papers on such topics as: fingerprint recovery at lab sites; the Leuckart mechanism to amphetamine and methamphetamine, the use of Freon-11 as an extraction solvent, the use of GC-IR for rapid drug identification, and the characterization of byproducts from P2P reactions to distinguish synthetic routes. Others have promised papers, but have yet to submit abstracts.

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CALL FOR PAPERS AND POSTERS While the initial response for technical presentations has been positive, there is still room on the program for more technical papers. The content of the papers can include technical methodology, specialized techniques used to examine problem samples, unusual laboratory investigations or seizures, original research, reviews of synthetic methods, special enforcement programs in your jurisdictions or any other related topic. If you have questions or inquires as to whether material you have might be suitable for presentation, contact Roger Ely at the address given at the end of this announcement.

REGISTRATION A registration form is provided for your convenience. Please fill it out, checking off the sessions you want to attend and return it with a check to Roger A. Ely at the address provided on the form. Registration and payment by August 1 will ensure your discount registration rate. However, registration forms without payment are requested so an accurate count can be made for the catered functions being held during the meeting. Also, we have added a spouses dinner option for the Friday night banquet. There is an additional cost of $30 for the spouse’s dinner. The costs of the meeting are: Bombs and Booby Traps: .... 20.00 (adv.), 25.00 (after 8/1) Legal Issues of Drug Labs:.. 20.00 (adv.), 25.00 (after 8/1) Both Workshops: ................. 30.00 (adv.), 40.00 (after 8/1) Meeting Registration: .......... 75.00 Includes technical sessions, poster session, vendor displays, Mission Bay cocktail cruise and buffet dinner at the Island Pond. Meeting and Workshops: .... 100.00 Spouse’s fee: ......................... 30.00 (includes cruise and buffet dinner) Please make hotel reservations soon with the Bahia Resort Hotel. Rooms are $76.00 for single rooms and $86.00 for doubles. We will be offering a roommate coordinating service if you want to share a room with someone. If you are interested in sharing a room with someone, please be sure to mark the registration form. To make reservations with the Bahia Resort Hotel, call: 1-800-288-0770 US 1-800-233-8172 Canada (619) 488-0551 Regular commercial Enclosed with this announcement is a Call-For-Papers and a Registration form. Please take a moment to fill these out and return them to the address listed at the bottom as soon as possible to reserve your space at this meeting.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION FOR MORE INFORMATION General Meeting information: Pam Smith DEA Southwest Laboratory 410 W. 35th Street National City, CA 92050 (619) 557-6490 Workshops, posters or technical sessions: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051

ASSOCIATION’S FUTURE TOPIC OF FIRST ANNUAL MEETING WHAT DIRECTION SHOULD THE ASSOCIATION TAKE? One of the major topics of the first business meeting of the Association during our First Annual Seminar in San Diego on September 5 will be the future direction of the Association and the activities and programs the Association should pursue. About two years ago, the idea of a formal forensic organization devoted to the dissemination of information concerning clandestine laboratory chemistry was born and developed by a group of six individuals. Since that first meeting was held in April of 1989 in San Francisco, CLIC has limited its activities to primarily the publishing of this Journal, designed for the rapid distribution of information concerning lab seizures, scientific references applicable to the investigation of clandestine laboratories, and original research into analytical methods. This activity was the result of what the eight Board of Directors members decided was most important to getting the fledgling group on its feet. But now, it is time for the membership to take an active role in charting the future course of the Association’s activities and for the membership, as a whole, to become involved in the Association’s business. The Board of Directors is seeking input from members concerning what types of activities you feel the Association should participate in, sponsor and/or endorse. Some of the ideas kicked around by the Board of Directors was providing clandestine lab training for regional forensic society meetings; creating a centralized resource holding of scientific papers and seized recipes that can be searched based on chemicals, apparatus or some other oddity; and an advisory group to state legislatures regarding legislation on clandestine laboratory laws.

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If you have ideas on what direction you want your Association to head, plan to make you views known at the business meeting. If you are unable to attend the meeting in San Diego, please call one of the Board of Directors (a listing is on the front of the Journal) and discuss your views.

SITE FOR NEXT MEETING It may seem odd since we haven’t even had our first meeting yet, but it is not too late to start planning ahead for the meeting in 1992. We are in need of a site and individuals interested in hosting a meeting. It is the hope of the Board of Directors the meeting would rotate geographical locations, similar to the American Academy meeting, thus affording all of the membership an opportunity to attend a meeting in their region. What better way to ensure your attendance to the meeting but by hosting it? If you have a site you would like for the Association to consider for its meeting next year, please call one of the Board of Directors and let them know.

CLANDESTINE LABORATORY ROUNDTABLE AT THE AMERICAN ACADEMY MEETING The Association has requested the Criminalistics Section of the American Academy of Forensic Sciences to provide us with a room for a Clandestine Laboratory Roundtable, to be held Tuesday or Wednesday night during the 1992 meeting of the AAFS in New Orleans. The Roundtable will be an informal discussion and presentation of material regarding clandestine laboratory seizures, investigation or safety. As more information is obtained from the Academy, it will be passed along to you.

STRONGER CONTROLS URGED ON CHEMICALS Drug Enforcement Report Volume 7, Number 14 April 23, 1991 Two veteran narcotics investigators from the West Coast have urged Congress to strengthen laws against methamphetamine producers, saying that the toxic chemicals used in making the drugs are not only hazardous to the environment but extremely dangerous to officers investigating clandestine laboratories. “Approximately five years ago my partner and myself entered a bus that had been converted into a clandestine (methamphetamine) laboratory,” Frank Thompson, a narcotics investigator with the California Department of Justice told the Senate Judi-

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VOLUME 1 NUMBER 3 — JULY 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION ciary Committee. “We were in the bus for approximately 10 seconds when we noticed the odor of phosphorus. We got out immediately. The 10 seconds of exposure to the atmosphere inside the bus caused both of us to come down with pneumonia.” “Approximately three years ago, while dismantling a phenyl2-propanone laboratory, which is usually the first step to manufacturing methamphetamine, the fumes from the chemicals penetrated my goggles and I experienced temporary blindness,” he said. And in another incident, “while I was approximately 50 feet from the lab itself, a wind blew fumes from a recently opened bottle of hydriodic acid into my face and I came down with pneumonia, chemical bronchitis and collapsed lungs,” he said. In addition, “the state doctors have concluded that from contact with these hazardous chemicals over the last 10 years that my liver has suffered damage,” he said. “At the present time nothing can be done for it and all we can do is wait and see.” Mr. Thompson’s health problems are not unusual for law enforcement agents dealing with methamphetamine labs, he told the committee. He has known other officers who have suffered respiratory ailments, heart problems, blackouts and memory loss from chemicals for illicit labs, he said. Clandestine drug labs are more prevalent in the West but as Western states crack down on illicit methamphetamine labs more and more “cookers” are moving East, said Paul Pearce, narcotics investigator with the Camas, Washington Police Department and president of the Clandestine Laboratory Investigators Association. Mr. Pearce said many law enforcement officers around the country, especially in areas unused to methamphetamine labs, “really don’t realize the danger” they face. He said the Drug Enforcement Administration “has done their best to teach lab safety” to local law enforcement agents, but that many small departments don’t send investigators to be trained in drug lab raid procedures and chemical handling at the DEA’s training facility in Quantico, Virginia. Health and environmental agencies in most states leave the cleanup of methamphetamine labs to the police to handle, the officers said. Thompson said the chemicals routinely found in drug labs include inorganic acids, which attack the mucous membranes in the respiratory tract; bases, such as sodium hydroxide and methylamine, which are highly corrosive and can cause severe burns; flammable material that can cause explosions and fire; and poisons, such as mercuric chloride and sodium cyanide. Although law enforcement agents investigating labs have routinely worn protective gear since 1987, even with protection they often experience headaches and nausea after coming into contact with chemicals and fumes, he said. Thompson and Pearce urged lawmakers to take stronger steps to punish methamphetamine “cookers”; tighten controls on the sales of all chemicals used in manufacturing controlled substances; and make the dumping of such chemical waste criminal under the drug laws.

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CHEMICAL COMPANY PRESIDENT GETS 23-MONTH PRISON SENTENCE Seattle-Post Intelligencer June 13, 1991 The president of a Kent chemical company has been sentenced to 23 months in prison for aiding the manufacture of methamphetamine through the sale of large amounts of chemicals. The sentencing of Glen Allen Dodge, 37, of Seattle, by US District Court Judge William Dwyer brought to an end a lengthy investigation in which federal agents concluded that Dodge’s company, Emerald City Chemicals, Inc., was the largest single supplier of chemicals to illicit drug manufacturers in the Northwest between 1984 and 1988. Emerald City was located in Seattle when a federal agent posing as the operator of a clandestine drug laboratory bought key chemicals from the company in 1986. Dodge earlier pleaded guilty to the charge of aiding the manufacture of methamphetamine. He also pleaded guilty on behalf of the company to evading federal currency laws. Documents seized in a 1988 search of the company showed Emerald City routinely made cash deposits at various local banks in amounts under $10,000 in order to avoid reporting requirements. Dwyer imposed a $50,000 fine on the company. The search also resulted in the seizure of large quantities of chemicals which have almost no legitimate use except for the manufacture of illegal drugs, federal officials said. Most of the sales involved clandestine laboratories throughout the West.

STATUTE DEFINING CONTROLLED SUBSTANCE ANALOG NOT UNCONSTITUTIONALLY VAGUE California Daily Opinion Service PP. 3766 (Cite as 91 C.D.O.S. 3801) People vs. Silver 2d App. Dist.; May 21,1991 The Second Appellate District affirmed a judgement of conviction. The court held that a statute defining a controlled substance analog as having a ”substantially similar” chemical structure to, or effect on the central nervous system (CNS) as, a controlled substance, is not unconstitutionally vague. Arthur Silver was charged with possession for sale of methylenedioxymethamphetamine (MDMA), an analog of methamphetamine, a controlled substance. At trial, a prosecution

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION expert testified that “substantially similar” has no scientific meaning, but that MDMA is substantially similar, i.e., “very similar in chemical structure” to methamphetamine. Another agreed, adding that MDMA contains CNS stimulants, and that he would classify it as a stimulant. Defense experts testified that MDMA and methamphetamine were not similar, were basically different chemical compounds, and that MDMA is not a stimulant but a hallucinogen. Health and Safety Code 11401 defines a controlled substance analog as having a chemical structure “substantially similar” to a controlled substance, or having an effect on the central nervous system “substantially similar” to a controlled substance. On appeal from his conviction, Silver contended that section 11401 is unconstitutionally vague. He also argued that there was no rational basis for the jury to disbelieve the testimony of defense experts while believing the testimony of prosecution experts, i.e., that reasonable doubt existed as a matter of law on the issue of whether MDMA and methamphetamine are “substantially similar.” The court of appeal affirmed. The court held that the statute was reasonably certain so that persons of common intelligence do not have to guess at its meaning. The court pointed out that statutes involving the use of no more certain terms as “adequate and effective,” excessive and unusual,” “to the annoyance of,” “mingling,” and “annoy or molest,” have been upheld. Further, the court noted that a federal statute using the same term to define a controlled substance analog has been found not to be vague by federal appellate courts. The court rejected Silver’s argument that section 11401 could be used to convict a person for possession of alcohol, observing that courts will construe statutes to avoid absurd results. Nor was the court persuaded that MDMA’s existence since 1914 should have enabled the legislature to put it on a list of controlled substances. The court explained that MDMA’s vintage does not mean that it has been seen as a problem requiring legislation since the time it was discovered. As to Silver’s reasonable doubt argument, the court pointed out that under our judicial system, the credibility of experts is for the jury to assess. The court perceived no reason why Silver’s jury was any less qualified to carry out that task than any other. Next, the court found that the charging information, which did not mention section 11401, or that MDMA is an analog of methamphetamine, adequately advised Silver of the charges against him. The court noted that in pretrial motions, Silver showed that he knew he was being prosecuted under the analog statute. Finally, the court found the jury instructions as a whole were adequate, noting that any implication in them that MDMA was a controlled substance analog was offset and outweighed by instructions that it was for the jury to determine that question beyond a reasonable doubt.

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DRUG LABORATORY SEIZURES METHAMPHETAMINE LAB SEIZED IN WESTERN NORTH CAROLINA In May 1991, an investigation of commercial laboratory in Canton, North Carolina, led to the subsequent search and seizure of a clandestine methamphetamine laboratory operating at that location. Over 400 grams of methamphetamine and 45 pounds of ephedrine hydrochloride were seized during the investigation. The laboratory’s “legitimate business” was purchasing bulk methanol, distilling and reselling the methanol in a variety of products - windshield wash, fuel additives, etc. The methamphetamine was being manufactured in the laboratory by the palladium catalyzed low pressure hydrogenation of chloropseudoephedrine, which was made by reacting ephedrine with thionyl chloride. The hydrogenator used was made from a one gallon “vinegar” jug and evidence of past reaction “explosions” were evident in the laboratory. The methamphetamine purity varied from 15-82% and ephedrine and chloropseudoephedrine were present in all of the finished product. Also present in the laboratory were homemade explosive devices and assorted chemicals used in explosive manufacture ammonium perchlorate, potassium chlorate, potassium nitrate, aluminum powder, magnesium ribbon, charcoal, copper oxide, etc. Evidence indicated the suspects had pro-Nazi sympathies; however, it is unknown if the suspects were connected to any organized extremist group. Irvin L Allcox NC State Bureau of Investigation Lab 3320 Old Garner Rd. Raleigh, NC 27626-0500

METHAMPHETAMINE - METHADONE LABORATORY SEIZED IN WASHINGTON STATE A three month investigation into a possible clandestine chemist resulted in the seizure of a major methamphetamine and methadone synthesis laboratory in Tonasket, Washington. Agents first developed contact with the suspect through one-ounce purchases of methadone powder with a purity of nearly 98%. The laboratory was seized on private property owned by the individual in rural Eastern Washington. The suspect’s main methamphetamine synthesis operation appeared to be inside a step-side panel van which was unlicensed and marginally operable. The interior of the van was set up with multiple voltage regulators and “cook” stations for the running of several reactions. The suspect would move the van to different sites to perform the synthesis by applying for a special conveyance permit from the Washington State Patrol which allows such

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 1 NUMBER 3 — JULY 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION vehicles to move about for a several day period with impunity. At the lab site, the suspect had poured a level concrete pad for the van which had running water, a septic drain, electricity and a telephone jack. Large quantities of chemicals were found at the site, as was a large quantity of reaction waste. The suspect was in possession of a large quantity of methylphenylacetate, which he converted to phenylacetic acid by hydrolysis. While the main route of synthesis to P2P was the condensation of phenylacetic acid with acetic anhydride in the presence of sodium acetate, the presence of α-acetophenylacetonitrile was identified in one exhibit. Conversion of the P2P to methamphetamine was via the aluminum amalgam method. Interestingly, the suspect had only a mediocre conversion of the methylphenylacetate to phenylacetic acid, and a major contaminant in the finished P2P was methylphenylacetate. Several of the methamphetamine waste solutions contained as a major impurity N-methyl-αphenylacetamide, the amination product of methylamine and the methylphenylacetate. At several locations around the property large containers of reaction waste were discovered, including three children’s pools approximately 5-6 feet in diameter filled to the top with P2P reaction waste. The suspect’s final product was cut with an equal amount of nicotinamide, gently heated until it melted and then poured into plastic food storage containers to create 1 pound blocks. These blocks were brownish in color and mushy in texture. The suspect was also in possession of nearly 130 pounds of diphenylacetonitrile, about 60 pounds of 2-dimethylisopropylamine chloride hydrochloride, bromoethane and magnesium metal, precursors to the manufacture of methadone. Based on the diphenylacetonitrile, it is estimated the suspect had the chemical capability to produce nearly 75 pounds of methadone HCl. Of the numerous reaction and waste solutions examined, none indicated a methadone synthesis. However one exhibit was found to contain approximately 170 grams of 2,2-diphenyl-4dimethylaminopentanenitrile, an immediate precursor to methadone. One particularly puzzling question in the investigation is where all of the methadone powder was going. Information obtained by agents indicated the suspect had been synthesizing methadone for three years. From the quantity of precursors on hand, it is strongly suggested the individual was making large quantities of methadone powder. However, the identification of methadone powder in samples from the Washington State area or other jurisdictions appear to be nil. DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105

VOLUME 1 NUMBER 3 — JULY 1991

LITERATURE REFERENCES The following papers are abstracted for the information of the CLIC membership. If you obtain references or other literature that would be of interest to the membership, please forward a copy of the reference to the Editor of the Journal. “Contamination of Clandestinely Prepared Drugs With Synthetic By-Products” Seine, W.H., NIDA Research Monograph 95,1990, pp. 44-50. On the basis of the number of clandestine laboratories seized by the Drug Enforcement Administration (DEA), the use of clandestinely synthesized drugs would appear to be increasing. The number of laboratories closed by the DEA has increased from 184 laboratories in 1981 to 647 laboratories in fiscal year 1987. Although many risks are associated with the abuse of drugs, purity is a major danger associated with these clandestinely prepared drugs. Compounds which can affect drug purity can be classified as diluents, adulterants, impurities of manufacture and impurities of origin. The presence of diluents and adulterants is highly variable; however, this is not true for the impurities associated with the synthetic process. The impurities of manufacture and origin are usually present and will vary primarily in concentration. Therefore, it is not surprising that these impurities may contribute to the pharmacological or toxicological effects associated with clandestinely synthesized drugs. This report updates information that was published in a prior review on this subject. The drugs discussed are limited to the stimulants, amphetamines and cocaine. The synthetic method for each drug is discussed, followed by the identification and occurrence of synthetic impurities and their associated pharmacology/toxicology. “Gas Chromatographic and Mass Spectrometric Analysis of Samples from a Clandestine Laboratory Involved in the Synthesis of Ecstacy from Sassafras Oil” Noggle, F.T., Clark, C.R. and DeRuiter, J., Journal of Chromatographic Science, Volume 29, 1991, pp. 168-173. The various samples from a clandestine drug laboratory reported to be involved in the synthesis of 3,4-methylenedioxymethamphetamine (MDMA, Ecstasy, or XTC) are analyzed by gas chromatography-mass spectrometry (GC-MS). Safrole, the starting material for the synthesis, is obtained from the roots of the sassafras plant. GC-MS of the sassafras oil reveals the presence of safrole (4-allyl-1,2-methylenedioxybenzene) as the major component, as well as smaller quantities of camphor, eugenol, dimethoxyallyl- and trimethoxyallylbenzene. A second sample obtained from the clandestine laboratory is from the treatment of the sassafras oil with HBr. Although this sample contains many brominated and several nonbrominated components, the major constituent is the synthetic precursor of MDMA, 1-(3,4-methylenedioxyphenyl)2-bromopropane, along with quantities of the regioisomeric

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 3-bromopropane. The samples from the clandestine laboratory do not reveal the presence of any MDMA. However, upon treatment with methylamine, the brominated sassafras oil gives MDMA as the major amine product. “Illegal Drug Laboratories: A Growing Health and Toxic Waste Problem” Gardner, G., Pace Environmental Law Review, Volume 7, 1989, pp. 193-2 12. Clandestine drug processing laboratories pose a grave threat to the environment. These laboratories, using easily obtainable precursor and essential chemicals, generate toxic fumes which are capable of traveling long distances. Law enforcement officers have experienced severe headaches, eye irritation, skin rashes, and mood swings after conducting investigations of illegal drug laboratories. Many chemicals used in illegal laboratories are carcinogenic. Other laboratory chemicals can damage the heart, lungs, liver, and blood. Individuals exposed to fumes from laboratory chemicals may face long-term health problems because some fatty tissues in the body may store these chemicals and the effects are cumulative. The extremely volatile nature of chemicals such as ether, used in the drug processing, present another hazard. Moisture, pressure, and thermal or mechanical shock can affect the explosive properties of ether. In Prince George’s County, Maryland, residential drug producers were killed when ether triggered an explosion. The explosion also displaced ten families who were living in the same apartment building. In New York City, several buildings were damaged by a residential laboratory explosion and fire. The

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owner of the building was seriously burned in the fire. The illegal disposal of chemical waste from drug laboratories contaminates dwellings and pollutes the soil and water. The problem has become so severe that the California Emergency Response Coordinator for toxic substances control estimated that seventy to eighty percent of his calls involve drug laboratory waste. In March 1988, more than 450 teachers and pupils were forced to vacate a San Diego elementary school because chemical waste from an illegal drug laboratory had been dumped next to the school yard. Many people have required hospitalization from this chemical waste exposure. The operation of clandestine drug laboratories, resulting in mass destruction of life and property, creates a law enforcement challenge. This article examines how existing laws may be used to alleviate the illegal drug manufacturing dilemma. The article first discusses the use of federal legislation, such as the 1988 antidrug bill and environmental statutes, including the Toxic Substance Control Act (TSCA), the Resource Conservation and Recovery Act (RCRA), The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and Title III of the Superfund Amendments and Reauthorization Act (SARA), also known as the Emergency Planning and Community Right-To-Know Act (EPCRA). In addition, this article will also examine landlord liability and the role of nuisance law. This article concludes that litigation against landlords of illegal drug producers and, more importantly, convictions of drug operators under environmental statutes, can have a significant deterrent effect on illegal drug manufacturing activities.

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 1 NUMBER 3 — JULY 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

THE USE OF LATENT PRINTS IN THE INVESTIGATION OF CLANDESTINE DRUG LABS T.R. EKIS, MAX COURTNEY, AND J.M. MABERRY Forensic Consultant Services P0 Box 11668 Fort Worth, Texas 76110

INTRODUCTION The use of fingerprint identifications in criminal investigations dates back to as early as 1877, when Sir William James Herschel introduced their use in the Hooghly district, Bengal, India [1]. Since then, elaborate classification systems have been developed. Present-day computer technology has allowed police agencies to greatly modernize and even automate to some extent the process of fingerprint comparisons. Numerous studies have been done measuring the effectiveness of police investigations in identifying and collecting evidence at scenes of crimes. For example, one 1967 report found that fingerprint evidence was collected in 5% of the scene investigations in burglary cases [2]. 1974 data from a “mediumsize city” show that fingerprint evidence was collected in less than 44% of crime scene investigations [3]. Property crime investigations in Dallas during the first half of 1990 resulted in comparable fingerprints in 41% of the cases [4]. The present study examines the use of latent fingerprints in the investigation of clandestine drug laboratories. The project was initiated to answer some basic questions about the use of latent prints in a single category of criminal offense.

CASE HISTORY BACKGROUND Forensic Consultant Services provides forensic support for most police agencies in Tarrant County, several agencies in Dallas County, and Wise County, Texas. In addition to chemical analyses of clandestine drug lab evidence, the Lab staff also generally processes the seized evidence for latent prints. Additionally, Lab chemists often accompany the police agencies to the scene of clandestine lab investigations to assist in the processing of the lab at the scene. When possible at least two persons from the Laboratory go to the scene. Three different protocols have developed for processing drug lab evidence for latent prints. In some cases the evidence is processed for prints at the scene. In others the evidence is brought by the police agency to the Lab for processing. In still other cases Lab personnel go to the police agency and process the evidence at the agency. In each case that results in identifiable latent prints the lab requests major-case prints from all suspects in the offense. To obtain major-case prints, one inks and registers onto fingerprint cards all areas of the fingers and palms that bear friction ridges, including palms, all finger joints, sides of fingers, and fingertips.

VOLUME 1 NUMBER 3 — JULY 1991

These prints should be taken in conjunction with the normal tenprint cards typically obtained in routine prisoner booking. All known prints should be critically evaluated as they are taken and redone to maximize clarity and completeness; prints that are sufficient for routine classification maybe of little value for comparison with latent prints. When it is feasible, the major-case prints are obtained by Laboratory personnel [5]. This will allow some internal quality control and shorten the chain of custody.

METHODOLOGY Case data were assembled from all FCS cases during the period January, 1988 to August, 1990. From these, 117 cases involving clandestine drug lab seizures wherein latent print processing was requested were identified. Each case was analyzed for fingerprint data, and the data were assembled in tables.

DATA ASSEMBLY In each of the 117 cases the following data were entered into a relational computer database: lab case number date of seizure or submission to lab whether a chemist was present at the scene whether the lab was assembled or partially assembled what types of syntheses were identified whether reactions were actually in progress time spent by chemists on the scene time spent at Lab on print processing number of latent print cards obtained number of subjects compared with latents number of subjects identified from latents number of latent identifications number of subjects not present during the seizure identified number of subjects not identified whether major-case prints were obtained or submitted number of palm print identifications These data was cross-tabulated by various categories as detailed below. The data were compared against several variables, and statistical analysis was performed.

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No. of Cases in Study

No. of Latene Print Lift Cards

Ave. No. of Cards per Case

Total No. of Subjects ID'd

Avg. No. of Subjects ID'd per Case

Avg. No. of Prints ID'd per Cases

Avg. No. of Prints ID'd per Case

Total No. of NotPresent Subjects ID'd

Total No. of Checked Subjects Not ID'd

Avg. No. of Subjects No ID'd per Case

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

117

2166

19

117

1.0

656

6

63

174

1.5

Cases with Comparisons

95

1914

20

117

1.2

656

7

63

170

1.8

Cases Processed at Scene

49

1092

22

71

1.4

496

10

32

83

1.7

Cases Processed at Lab

34

544

16

37

1.1

118

3

27

53

1.6

Cases Processed at PD

12.0

278

23

9

0.8

42

4

4

34

2.8

Cases w/ Major-Case Prints

65

1396

21

89

1.4

546

8

45

119

1.8

Cases w/o Major-Case Prints

27

483

18

27

1.0

109

4

17

46

1.7

Assembled Apparatus Cases

37

872

24

57

1.5

440

12

26

60

1.6

Non-Assembled Apparatus Cases

22

320

15

20

0.9

69

3

11

43

2.0

Table 1. Comparison of fingerprint data from latent prints taken from clandestine lab equipment and other exhibits.

All Cases

RESULTS The results of the data from the 117 cases are shown in Table 1. Of these 117 cases, actual latent print comparisons against known prints of suspects were done in 95 cases. Analysis by where evidence was processed: In 49 of the 95 cases in which comparisons were done, the latent processing was done at the scene of the alleged clandestine drug lab. In 34 instances the evidence was collected by a police agency and submitted to the Lab for fingerprint processing. In the remaining 12 cases, the evidence was collected by a police agency, and Lab personnel processed the evidence at the police agency. Effect of Comparison with Major Case Prints: Next, data from those 95 cases was analyzed according to whether major-case prints were ultimately submitted for comparison. Sixty-five cases were identified wherein major-case prints were submitted for all or some of the suspects; in 27 cases, none were submitted. Assembled or Disassembled Labs: Finally, data from the 95 compared cases was analyzed according to whether assembled or partially-assembled laboratory apparatuses were found at the scene. Such apparatuses were found at the scene in 37 cases and not found in 22 other cases.

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Time Element: The time involvement of Lab personnel also was examined. A total of 285.5 hours was spent in processing the 49 labs at the scenes, an average of 4.4 hours per case. It must be pointed out that this scene processing time included documentation, sample collection, and other tasks, as well as fingerprint processing. Additionally, 177 hours were spent at the Lab and at police agencies processing fingerprint evidence from 59 cases, for an average of 3.0 hours per case. Thus 462.5 hours were spent in evidence processing, an average time of 3.95 hours for the 117 cases in the study.

DISCUSSION Identifiable latent prints were developed in 115 (98%) of the 117 clandestine drug lab cases processed. Comparison of the latent prints in 95 of those cases with 287 known sets of inked prints from suspects resulted in 117 suspects being identified in 79 different cases. Of the total, then, 41% of the subjects checked were identified, and identifications were made in 83% of the cases checked. When the data was analyzed by where the evidence was processed, it is seen that processing at the scene is greatly favored. When items were processed at the scene, an average of 10 identifications to 1.4 subjects resulted. By comparison, processing at the Lab produced an average of 3 identifications to 1.1 subjects, while processing at the police agency resulted in an average of 4 identifications to 0.8 subject. The number of identifications made in these three categories as compared to the

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 1 NUMBER 3 — JULY 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION suspects not identified was analyzed statistically using a chi square analysis. Collapsing data from cases processed at the Lab and at police agencies, the resulting 2 x 2 chi square contingency table produced a calculated chi square value of 3.93, which exceeds the 95% probability level of 3.841. Thus a statistically-significant difference was found that predicts a higher identification rate in cases wherein the evidence is processed at the scene. The influence of major-case prints is readily seen. When major-case prints were submitted, an average of 8 identifications to 1.4 subjects was achieved. Without those prints, an average of only 4 identifications to 1.0 subject resulted. It was found that a total of 22 palm identifications were made in 20 cases; these, of course, would not be possible without the major-case prints. It is likely that other identifications were made in these cases only because of the availability of the major-case prints. Processing of assembled or partially-assembled labs was compared against processing of stored, non-assembled equipment. An average of 12 identifications to 1.5 subjects was obtained in the assembled labs, while an average of just 3 identifications to 0.9 subjects resulted. Importantly, it is seen that 63 subjects who were not present during the seizure of the lab were identified by latent prints. This represents 54% of the 117 persons identified in the 95 cases wherein comparisons were done. Policy Implications: The data clearly show that fingerprint evidence in clandestine lab investigations is readily available and that it results in absolute identification of subjects in a majority of cases. In fact, comparison with other studies shows a much higher success rate in obtaining identifiable prints in these cases than in other offense categories wherein the scene investigation routinely includes fingerprint evaluation. Further, the commonly-heard assertion

VOLUME 1 NUMBER 3 — JULY 1991

that fingerprint processing is unnecessary since the violators were present is questioned by the identification rate of violators identified in absentia. The data from this study reasonably seem to support the following recommendations. 1.

2.

3.

All possible clandestine labs should be processed for latent print evidence. This should include the fully functioning lab and the boxed-up, stored, or secreted lab. Major-case prints should be taken of all persons present during the seizure, as well as any other suspects who are developed during the subsequent investigation. Clandestine labs should be processed at the scene for fingerprint evidence, rather than being removed to another location before processing.

REFERENCES 1. 2. 3. 4. 5.

“Fingerprint Identification,” Federal Bureau of Investigation, Washington: U.S. Government Printing Office, 1987. “Scott’s Fingerprint Mechanics,” Science and Technology Task Force Report, 1967. Ibid. Dallas Police Department statistics, 1990. Courtney, M., “Investigation of Clandestine Amphetamine Labs,” Burleson, Texas: Spotlight Publishing, 1989. Received for publication 23 April 1991 Accepted for publication 24 April 1991

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

A SPREADSHEET PROGRAM FOR THE DETERMINATION OF VOLUMES OF ONE AND TWO PHASE LIQUIDS IN ROUND BOTTOM REACTION FLASKS ROGER A. ELY, SENIOR FORENSIC CHEMIST DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105

INTRODUCTION The investigations of clandestine drug laboratories have become a routine part of the forensic chemist’s activities. During the investigation of a clandestine laboratory, the forensic chemist is responsible for many different facets of the investigation including site safety, dismantling and inventorying materials on hand, assessing the synthetic routes and types of drugs being manufactured, and the sampling of the chemical evidence to establish the charges against the defendant. Another important consideration in the examination of such a laboratory scene is the possible impact the chemical evidence and their quantities might have on mandatory sentencing should the matter be tried at the Federal level, or within a state with sentencing enhancements. The chemist may be tempted to seize the total volume of liquid in an exhibit, even though this is contrary to safety training and the recommended one-ounce sample size [1] so an accurate measurement may be made. The estimation of the volume of liquid in a round bottom reaction flask is especially prone to substantial error and presents a unique problem for the investigator. Computer spreadsheets are presented which will estimate to a high degree of accuracy the volume of liquid(s) in a round bottom reaction flask by taking only two measurements for a single-phase liquid and three measurements for a two-phase liquid. A table listing the approximate volumes for round bottom reaction flasks ranging in volume from 1000 ml to 72000 ml in 0.5 cm increments is presented with data generated from one of these spreadsheets.

DISCUSSION An excellent treatment of the theoretical considerations forming the mathematical basis of these spreadsheets is given by Courtney 12]. However, a brief synopsis of the methodology used to determine the various mathematical elements necessary for the volume calculations will be presented. Courtney proposed the volume of a liquid in a spherical container could be estimated if the liquid is mathematically divided into equal layers or segments. As the thickness of the

PAGE 12

segment approaches zero, e.g. a film, the segment will behave as a cylinder. Thus, the sum of the volumes of these segments will represent the total volume of the liquid in the flask. The calculation hinges on three mathematical components: 1) the volume of the flask, which can be read from the flask or calculated by measuring the diameter in centimeters; 2) the radius of the layer segment in centimeters, to be calculated by the program; and 3) the height of the liquid in the flask physically measured in centimeters. The radius of the sphere can be calculated from the volume by: V=4/3πr3

or

r = (3V/4π)1/3

The height of the liquid in the flask can be measured externally with a rule or internally by placing a 10 ml graduated serological pipette into the flask and noting the level on the pipette gradient. A similar uncontaminated pipette is measured to determine the actual height of the liquid. The calculation of the radius of the segment is somewhat esoteric. If the sphere is considered to be planar in the vertical, the radius of the sphere has the polar coordinates 0,0 as its origin and 0,r the sphere wall where the radius is r (Figure 1). As the radius rotates about 0,0 the limit of the sphere wall is described. If we stop the radius as it swings through the arc at any point and draw a line from that point perpendicular to the y-axis, a right triangle is formed. From this triangle, we know the hypotenuse is equal to the radius of the flask and y (the height of the liquid from 0,0) is the radius minus the measured height at that segment, x can be calculated from: r2 = x2 + y2

or

x = (r2 - y2)1/2

Courtney proposed dividing the liquid level into 10 equal segments of approximately 1 cm thickness. However, it was found that greater accuracy could be obtained if the overall liquid level was divided into 30 equal segments or if the thickness of the calculated liquid level did not exceed 0.7cm. From a uniform segment thickness, the volume of the segment can be calculated from:

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 1 NUMBER 3 — JULY 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

V = πr2h

where h = segment thickness

The approximate volume of the liquid in the round reaction flask is calculated by summing the volumes of these segments. Table 1 lists the approximate total volume of a liquid contained in round bottomed reaction flasks ranging in size from 1000 ml to 72000 ml in 0.5cm segments. To use the table, find the measured height of the liquid and locate the estimated total volume in the column representing the size of the reaction flask.

SOFTWARE AND HARDWARE CONSIDERATIONS Two sets of four spreadsheets are presented. The spreadsheets were originally created using Microsoft Excel 2.14 running under Windows 3.0 for IBM compatible computers and have a file extension of *.XLS. After their creation, they were translated into Lotus 123 version 2.01 format and have a file extension of *.WK1. Most commercial spreadsheet software have the ability to convert spreadsheets created in either Excel or Lotus to their native format. In addition, the Excel spreadsheets can be ported into the Macintosh environment and used with Excel for Macintosh directly. The spreadsheet LIQ_VOL1.XLS can be used to calculate the approximate volume of a single phase liquid in a round bottom flask (Figure 2). The spreadsheet cells are locked to prevent corruption of the formulas or data they contain. Once the data is entered, the calculations take place immediately. There are five cells into which the user can enter data: Case Number: Exhibit Number: Volume of Flask: Height of Liquid:

Glass thickness:

Self explanatory Self explanatory From label on flask, or by calculation, in milliliters (cm3) Measured height of liquid taken from the outside of the flask or measured from the inside of the flask, in centimeters (1 inch = 2.54 cm) Default of 0.25 cm. If the glass thickness was measured and is different, it can be entered into the cell. If the liquid height was taken from inside the flask, enter as no correction for the thickness of the glass is necessary.

To calculate the total volume of a two phase system and the volume of each layer in a reaction flask, use the spreadsheet LIQ_VOL2.XLS. In addition to the overall height of the liquids, the height of the lower layer must be measured. If the user prefers to keep a total record of the calculations and segment information for each exhibit, a printed copy of LIQ_VOL1 and LIQ_VOL is recommended. If the spreadsheet

VOLUME 1 NUMBER 3 — JULY 1991

is being run under Excel, it must be printed in a landscape format with a font size not greater than 8 points. If the user is running the program under Lotus 123, it is recommend the finished spreadsheet be printed using Sideways or some other print rotating utility. The two companion spreadsheets are entitled SHORT1 (onephase liquid) and SHORT2 (two-phase liquid) (Figure 3). These two spreadsheets are set to print only the resultant volume information and will fit on a single page in the portrait format.

INSTALLATION The appropriate files, denoted by the file extensions .XLS or .WK1, should be copied to the subdirectory containing your data spreadsheets. Using a file utility program such as XTree, PopDOS or DOS’s ATTRIB program, set these files to a Readonly attribute. This will prevent an accidental overwriting of program information with exhibit data. If you desire to save the data in a spreadsheet to disk, you should save it under another file name. The user is cautioned not to unlock or unprotect any portion of the spreadsheet as key instructions for the program may be altered or damaged and result in corrupted data. If this should happen, simply re-copy the appropriate file from your master floppy disk.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Estimation of Volume of Liquid in a Round Bottom Reaction Flask Single Phase Liquid Case Number: Exhibit Number: Volume of Reaction Flask (ml): Measured height of liquid (cm): Calculated radius of Flask (cm): Glass thickness (default, cm): Adjusted liquid height (cm): Segment thickness

Example 1 12000 15.2 14.20 (inside radius) 0.25 (default = 0.25) 14.95 0.50 Radius (cm)

Segment #1 Segment #2 Segment #3 Segment #4 Segment #5 Segment #6 Segment #7 Segment #8 Segment #9 Segment #10 Segment #11 Segment #12 Segment #13 Segment #14 Segment #15 Segment #16 Segment #17 Segment #18 Segment #19 Segment #20 Segment #21 Segment #22 Segment #23 Segment #24 Segment #25 Segment #26 Segment #27 Segment #28 Segment #29 Segment #30

14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20 14.20

Liquid Ht. (cm) 14.95 14.45 13.95 13.46 12.96 12.46 11.96 11.46 10.96 10.47 9.97 9.47 8.97 8.47 7.97 7.48 6.98 6.48 5.98 5.48 4.98 4.49 3.99 3.49 2.99 2.49 1.99 1.50 1.00 0.50

Seg. radius (x, cm)

Seg. Ht. (y, cm)

14.18 14.20 14.20 14.18 14.15 14.09 14.02 13.94 13.83 13.70 13.56 13.39 13.20 12.99 12.76 12.51 12.23 11.92 11.58 11.21 10.80 10.36 9.87 9.32 8.72 8.04 7.26 6.34 5.23 3.73

-0.75 -0.25 0.25 0.75 1.25 1.74 2.24 2.74 3.24 3.74 4.24 4.73 5.23 5.73 6.23 6.73 7.23 7.72 8.22 8.72 9.22 9.72 10.22 10.71 11.21 11.71 12.21 12.71 13.21 13.70 Total Volume

Segment Volume (cc) 314.9 315.7 315.7 314.9 313.4 311.0 307.9 304.0 299.4 293.9 287.7 280.7 272.9 264.4 255.0 244.9 234.0 222.4 209.9 196.7 182.7 168.0 152.4 136.1 119.0 101.1 82.4 63.0 42.8 21.8 6628.8 ml

R. Ely 10/13/90 ver. 1.1

Figure 2.

PAGE 14

An example of the printed output from the spreadsheet LIQ_VOL1.XLS. Note in this example the glass thickness is .25 cm indicating the height measurement was made externally. A negative value for a segment height indicates the flask is greater than half full.

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 1 NUMBER 3 — JULY 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION OBTAINING THE SPREADSHEETS

REFERENCES

To obtain a copy of both the Excel and Lotus version spreadsheets, send an IBM compatible 5.25 inch (360K) or a 3.5 inch (720K) to:

1. 2.

Roger A. Ely Senior Forensic Chemist DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105

Joint Federal Task Force, “Guidelines for the Cleanup of Clandestine Drug Laboratories,” Government Printing Office, 0-267-238:QL 3, 1990, pp. 10. Courtney, Max, “Procedure for Volume Estimation in Clandestine Laboratory Reaction Vessels. Part II,” Southwest Association of Forensic Scientists Journal, Volume 12, Number 1, April 1990, pp. 24-30. Received for publication 1 May 1991 Accepted for publication 2 June 1991

Estimation of Volume of Liquid in a Round Bottom Reaction Flask Two - Phase Liquid

Case Number: Exhibit Number: Volume of Reaction Flask (ml): Height of lower liquid phase (cm) Total height of liquid (cm)

Example 2 22000 10.4 18.5

Calculated radius of Flask (cm): Glass thickness (default, cm):

17.38 (inside radius) 0.00 (default = 0.25)

Adjusted lower liquid height (cm) Segment thickness, lower (cm)

10.40 0.69

Adjusted total liquid height (cm) Segment thickness, total (cm)

18.5 0.62

Volume of lower liquid layer (ml) Volume of upper liquid layer (ml) Total liquid volume (ml)

5001.9 ml 7345.3 ml 12347.1 ml

R. Ely 10/13/90 ver. 1.1

Figure 3. An example of the output from the spreadsheet SHORT2.XLS. In this example the glass thickness = 0 indicating the height of the liquid was measured by placing a pipette into the flask and measuring the length the pipette was covered by the liquid.

VOLUME 1 NUMBER 3 — JULY 1991

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Flask Vol.

1000

2000

3000

5000

12000

22000

50000

72000

radius (cm):

6.2

7.8

8.9

10.6

14.2

17.4

22.8

25.8

0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0

5 19 42 79 109 152 200 252 306 366

6 24 53 93 141 199 264 336 414 497

7 28 62 107 164 232 309 394 488 589

9 33 74 129 498 280 348 481 597 723

11 45 100 176 271 385 518 667 833 1015

14 55 123 217 336 478 644 832 1042 1273

18 73 163 288 447 638 862 1117 1402 1717

21 83 185 326 506 724 979 1270 1596 1957

5.5 6.0 6.5 7.0 7.5 8.0 8.5 9.0 9.5 10.0

426 487 549 609 669 726

585 676 770 866 963 1061 1158 1253 1347

696 808 925 1046 1170 1296 1423 1551 1678 1804

859 1002 1153 1310 1473 1641 1812 1987 2165 2344

1212 1423 1646 1882 2129 2388 2656 2933 3218 3510

1524 1794 2082 2388 2710 3048 3401 3769 4150 4542

2061 2433 2832 3258 3709 4185 4685 5208 5753 6319

2351 2778 3238 3728 4249 4799 5378 5984 6618 7278

1929 2050 2168 2281

2523 2703 2881 3058 3232 3402 3569 3731

3810 4115 4424 4738 5055 5375 5696 6017 6340 6661

4948 5364 5790 6225 6668 7120 7577 8041 8510 8984

6906 7513 8139 8783 9444 10121 10815 11523 12245 12980

7963 8673 9407 10163 10942 10163 12562 13402 14261 15137

6980 7297 7610 7920 8224 8522

9860 9940 10421 10903 11358 11867 12347 12825 13299 13771

13728 14487 15257 16036 16825 17622 18426 19237 20054 20875

16031 16941 17867 18807 19761 20729 21708 22699 23700 24711

14236 14697

21701 22530 23361 24194 25028 25862 26695 27526 28354 29190

25731 26758 27794 28835 29882 30934 31990 33049 34110 35173

30001 30817 31627 32431

36236 37299 38361 39421 40479 41533 42583 43627 44666 45697

10.5 11.0 11.5 12.0 12.5 13.0 13.5 14.0 14.5 15.0 15.5 16.0 16.5 17.0 17.5 18.0 18.5 19.0 19.5 20.0 20.5 21.0 21.5 22.0 22.5 23.0 23.5 24.0 24.5 25.0

Table 1. 25.5 26.0 26.5 27.0 27.5 28.0 28.5 29.0 29.5 30.0

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Estimated total volumes (ml) for round bottom reaction flasks

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 1 NUMBER 3 — JULY 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

METHAMPHETAMINE VIA THE PRESSURE COOKER DONN CHRISTIAN, B.S., AND ROGER SCHNEIDER, B.S. Arizona Department of Public Safety P0 Box 6638 Phoenix, AZ 85005 (602) 223-2394

ABSTRACT Clandestine drug laboratory operators are continually looking for alternative methods of manufacturing illicit drugs. This paper describes an alternative to the traditional reflux method used in the reduction of ephedrine using hydriodic acid (HI). Also discussed are the reaction by-products that are encountered at various times during the reaction.

INTRODUCTION Clandestine laboratories vary greatly in their sophistication, ranging from a phencyclidine lab that consists of a few buckets to a designer drug lab that contains exotic chemicals and expensive equipment. With increased clandestine lab enforcement and public awareness, clandestine lab operators are seeking alternatives to the conventional scientific equipment used to produce controlled substances. Concerned citizens, landlords and scientific supply companies aware of the clandestine lab problem are notifying law enforcement personnel when they notice people who do not look like scientists purchasing or possessing equipment that looks like it belongs in a laboratory. Therefore, clandestine lab operators are starting to abandon the traditional reflux apparatus normally associated with the most common synthesis routes. This paper describes an alternative to the reflux method that the Arizona Department of Public Safety Crime Lab has encountered on at least two occasions.

CASE HISTORIES In February of 1989, the Arizona Department of Public Safety (DPS) Crime Lab was asked to give an opinion on the feasibility of an ephedrine reduction done in a crock pot inside a pressure cooker. Our opinion was that there was no reason the reaction could not take place under the described conditions. The search of the suspected clandestine lab site revealed a pressure cooker with obvious signs of acid corrosion, a broken crock pot, two plastic jugs containing a strongly acidic solution and other items consistent with those found in clandestine laboratories. During debriefing, the suspect revealed the crock pot had been broken in his last “cook,” and the liquid in the plastic jugs was the reaction mixture he was trying to salvage. Analysis of the pressure cooker revealed traces of methamphetamine and ephedrine. Analysis of

VOLUME 1 NUMBER 3 — JULY 1991

the acidic liquids indicated a solution of HI containing methamphetamine, ephedrine, phosphorous, and aluminum. The crock pot was not analyzed. Later that same month, the DPS Lab received intelligence information from the Las Vegas Metro Police Department concerning an alternative method of methamphetamine manufacture. This method was an ephedrine / HI reduction performed in mason jars inside a pressure cooker. The total time for the process from mixing the chemicals to finished product was 8 to 10 hours. In October 1989, the DPS and Drug Enforcement Administration seized a large scale methamphetamine manufacturing operation using mason jars and a pressure cooker as a reaction vessel. The suspect was using ephedrine, HI, and red phosphorous in 2 liter mason jars. He would react the mixture for eight hours, then process the mixture as a normal reflux syntheses. The suspect reported a 50% yield using this method.

EXPERIMENTAL Reaction Ratios Two identical mixtures were prepared using the chemical ratios provided by the suspect from the October 1989 seizure. In a 1-pint mason jar, 100 grams of ephedrine HCl, 32 grams of red phosphorous, and 250 milliliters of 57% HI were added and the jar was loosely sealed with a standard two piece canning lid. One jar was placed inside a six-quart pressure cooker with two inches of water in the bottom. The other jar was sealed with the same type lid, placed in the back of the fume hood and sampled at the same intervals as the jar in the pressure cooker. At 30 minute intervals a one milliliter sample of each reaction mixture solution was removed and made basic with saturated KOH, then extracted with ten milliliters of chloroform. Each chloroform extract was analyzed by GC/MS. Instrument Parameters Reaction mixture components were identified through the use of a Hewlett Packard Model 5970 mass selective detector connected to a Hewlett Packard model 5890 gas-chromatograph. The instrumental parameters were:

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Chromatographic Conditions Column:

12.5M, 0.20 mm ID, 0.11 micron 5% phenylmethylsilicone fused silica capillary column

Temperature: 100°C for 1 minute 25°C /minute 250°C for 3 minutes 250°C injection port 250°C transfer line Mass Selective Detector Conditions EM volts Low mass High mass Scan rate

1800 40 amu 400 amu 1.2 / second

Quantitation A ten milliliter sample of the reaction mixture was extracted under the following conditions to obtain a percent methamphetamine yield: The reaction mix sample was made basic with saturated KOH and extracted three times with chloroform. The chloroform extract was then back extracted with three washes of 0.2 N sulfuric acid. This acid solution was made basic with saturated KOH and extracted three times with chloroform. Hydrogen chloride gas was bubbled through the chloroform extract for approximately five minutes to convert the free base methamphet-

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amine to the hydrochloride salt. The chloroform was evaporated and the resulting crystals were washed with acetone and dried.

RESULTS Cis- and trans-aziridine were detected in the first sample, taken after one half hour of heating. Their peak area ratio was approximately 1:1 (cis:trans). This ratio remained fairly consistent throughout the reaction process. The aziridine concentration was the highest during the first 1 to 2 hour time period, in which the concentration was approximately the same as the methamphetamine. Methamphetamine was detected in trace amounts in the sample taken after 30 minutes of heating. Methamphetamine became the major component of the reaction mixture in the sample taken after 2 hours of heating. Phenyl-2-propanone (P2P) was detectable in trace amounts in the samples taken at the 1-1/2 hour marks. However, the concentration of the cis-aziridine masked its presence. Significant amounts of P2P were detected in the 2-1/2 hour sample in which the P2P:cis-aziridine ratio was approximately 1:1. This ratio gradually increased throughout the reaction until it reached a 7:1 ratio in the final sample taken after 4 hours of heating. The ratio of methamphetamine to P2P in the 2-1/2 hour sample was approximately 4.5:1. This ratio decreased to approximately 3.5:1 in the following sample, and remained there for the remainder of the reaction.

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 1 NUMBER 3 — JULY 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION The control was sampled at the same 1/2 hour intervals. Every control sample analyzed indicated that no reaction between the ephedrine and the HI had taken place. This demonstrates that this reduction is endothermic, requiring more activation energy than can be provided by the kinetic energy processed by the ambient air temperature.

not detected. Instead, two compounds with a molecular weight of 239 were detected. With only the El mass spectra of the compounds, their structural identity could not be positively identified. However, the mass spectra of the compounds does suggest some other rearrangement of a P-2-P/P-2-P combination.

The quantitative extraction of the reaction mixture after 4 hours of heating indicated a conversion of approximately 50% by weight of ephedrine to methamphetamine. This value is consistent with the values reported by the suspect in the October 1989 seizure.

All four of the above naphthalene compounds were detected in the reaction mixture samples of the October 1989 seizure, and in subsequent reactions using this method.

DISCUSSION This method of reducing ephedrine to methamphetamine is a boon to the clandestine lab operator. It is quick, inexpensive, and by design will avoid detection relatively well. However, there are a few areas that need to be addressed. The reaction is a fast way to reduce ephedrine to methamphetamine. After 3 hours of heating the amount of ephedrine was approximately 5% of the total components. After 4 hours of heating, only a trace of ephedrine could be detected. The speed of the reaction may be attributed to the higher than normal temperatures that the reaction takes place under. These higher temperatures are achieved because of the higher pressures the reaction operates under in the sealed mason jar. Two expected by-products did not appear. 1-Benzyl-3methylnaphthalene and 1,3-dimethyl-2-phenylnaphthalene, which result from a combination of two P-2-P molecules, were

VOLUME 1 NUMBER 3 — JULY 1991

CONCLUSION With increased clandestine laboratory enforcement, the clandestine lab operator will be looking for new and innovative ways of producing illicit drugs. Using common kitchen equipment is only one method being used to avoid detection. The forensic chemist working in the area of clandestine laboratory analysis must be increasingly aware of the trend to use ordinary items for specialized scientific purposes. As illustrated above, a mason jar is not necessarily a mason jar.

REFERENCES 1. 2.

Personal Communication, Peggy Blanton, Nov. 1989. T.S. Cantrell, et. al. “A Study of Impurities Found in Methamphetamine Synthesized from Ephedrine,” Forensic Science International, Volume 39, 1988, pp. 39-53. Received 4 May 1991 Revised 10 June 1991 Accepted 12 June 1991

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 1 NUMBER 4 — OCTOBER 1991

IN THIS ISSUE Features CLIC To Hold Round Table At AAFS Meeting in New Orleans ............................. 2 Association Business: Minutes From Business Meeting ........................................... 2 Literary Corner: ‘twas the night to make crystal ....................................................... 4 List of New Association Members ............................................................................ 5 Underground Books In Print ..................................................................................... 6

Legal Updates Recent Federal Decisions Regarding Labs ......................................................... 6 Temporary Scheduling Provision Authority Uncertain ..................................... 8 Methamphetamine in OTC Preparations Does Not Effect Scheduling .............. 8 Vick’s Inhaler Defense ....................................................................................... 9 Production Yield Properly Used in Determining Offense Level ....................... 9 An Improved Preparation of Phenylacetone - Translation ...................................... 10

Abstracts From First Technical Meeting First CLIC Meeting a Great Success, BYOS Topics ....................................... 11 Abstracts From Workshops .............................................................................. 12 Abstracts of Keynote Speakers ........................................................................ 12 Abstracts From Poster Session ......................................................................... 13 Abstracts Of Technical Papers ......................................................................... 14 Clandestine Laboratory Seizures ............................................................................. 19 Literature References ............................................................................................... 22

Original Papers N-Acetylnorcocaine: A New Cocaine Impurity From Clandestine Processing. I ................................................................................. 23 John F. Casale Establishing The Illegitimate Use of Trichloromonofluoromethane in Clandestine Methamphetamine Laboratory Investigation ............................... 27 Jeffrey R. Dovci The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January April, July, and October. The Journal encourages submissions from the membership concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references where necessary. Research papers or material over one page in length is requested to be submitted on IBM computer disk (contact the Editor for more information). One of the primary goals of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a speedy manner. For more information concerning the Journal, contact the Editor.

Association Officers President: J. Thomas Abercrombie CA DOJ Crime Lab 1500 Castellano Rd. Riverside, CA 92509 (714) 782-4170 Vice-President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Ken Fujii Contra Costa Sheriff's Crime Lab 1122 Escobar Street Martinez, CA 94553 (415) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Executive Board Members: Terry A. DalCason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640 Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Richard Bingle Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CLIC TO HOLD ROUND TABLE AT AMERICAN ACADEMY MEETING IN NEW ORLEANS

There will be three breaks per day except for Saturday, which will only have two.

With the sponsorship of the Criminalistics Section of the American Academy of Forensic Sciences, the Clandestine Laboratory Investigating Chemists Association will be holding an informal round table discussion session at 7:00 PM Monday night February 17, 1992.

People attending the workshops only get registration, no packet.

This round table discussion will follow a similar format as the “Bring Your Own Slide” session at the recent CLIC meeting. Individuals wishing to make a 10-15 minute presentation regarding an unusual clandestine laboratory seizure, synthesis, analytical method or progress on a research project are encouraged to contact Roger Ely, DEA Western Laboratory at (415) 744-7051 to reserve a time slot. Presenters are strongly urged to prepare and distribute handouts of your presentation for the benefit of the attendees. If you didn’t get a chance to come to the meeting in San Diego, this will be your chance to come out and meet the Executive officers of the Association, make some new professional contacts, and learn something you might not have known before. See you in New Orleans!!

ASSOCIATION BUSINESS Minutes Of Executive Board Meeting September 3, 1991 San Diego, CA Present: Jerry Massetti, Ken Fujii, Roger Ely, Steve Johnson, Richard Bingle, Mark Kalchik, Tom Abercrombie, and Pam Smith Absent: Terry Dal Cason Meeting called to order at l800 hours by Tom Abercrombie. Initial startup costs for the conference were discussed. There are 63 pre-registered attendees for meeting. The cruise for Thursday night is set up for approximately 100 people.

Vendors will receive one dinner ticket with their registration, but all are welcome to the cruise.

Safety cards will be provided by Bruce Lazarus of Network Environmental Systems at a cost of approximately $450 per 100 cards. The Bahia is to supply 6 dozen pastries, 8 dozen cookies and 4 gallons of coffee per break. Business meeting needs to address who is eligible for membership. The board is still split on who has a need to know the information. The board went over the agenda of the business meeting. In the business meeting, regular members can vote. Associate and agency members can not vote. During the meeting, a decision needs to be made whether to keep our own meetings or try and piggy-back with another meeting. Dr. John Metcalfe is going to see about expanding our membership in Europe. Discussion was held concerning the need of a seminar committee. It was decided that one should be formed. It was asked by Roger Ely whether we wanted to put out three issues of the Journal per year or continue with four. It was decided to keep with four at this time. At the end of the conference, a letter will be sent to ASCLD telling them of our organization. Vendors have requested a list of attendees and members. This will be discussed at the general meeting. Jerry Massetti purchased a copy machine for the organization with prior board approval. At the completion of the meeting, Roger Ely will keep and maintain the copier in conjunction with his Editorial Secretary duties. There will be door prizes for each day. Meeting Adjourned at 1945 hours.

The first and second coffee breaks will have coffee and pastries. The third break will have coffee, sodas and cookies.

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1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 1 NUMBER 4 — OCTOBER 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Minutes Of General Meeting September 5, 1991 San Diego, CA

New Business

The meeting was called to order at 8:47 AM by President Tom Abercrombie. General outline of minutes of board meeting from September 3, 1991 were given. Minutes approved as read. m/s/p Fujii / Abercrombie The Association’s Board members were introduced to the membership. A motion was made to approve prior board actions. m/s/p Bingle/P. Smith Committee Reports: Publications - Roger Ely The Journal is published quarterly. There is a current mailing of 137 copies to members. The Journal is printed in Longview, Washington. Bulk mailing requires 200 domestic issues. The current cost per issue is approximately $3-4. One of the goals of the Journal is the rapid dissemination of information. Articles published in the Journal are being reviewed before publication. More help is needed in putting together the Journal. The printed format of the next Journal will probably change in a effort to solve some mailing problems reported in the East.

New Members - Ken Fujii A list of people applying for membership to the Association, their affiliations and the membership class they are applying for was passed to the members present. Benjamin Davis Clarke was moved from Regular member to Associate member. Motion was made to approve new members. m/s/p Fujii/ P. Smith The Journal should be sent to persons and not to general labs. The information is for the chemist working in the field. Membership has been denied to defense laboratories, health laboratories, and waste haulers. There was discussion on the question of who should be members and the level of security we should put on the information provided. One proposal was to have a letter of verification before each meeting. Motion to table discussion until September 7, 1991 was made. m/s/p Block/Hall Meetings / Seminars - Tom Abercrombie Max Courtney has volunteered to host the next meeting in Dallas - Fort Worth, Texas in September 1992. A motion was made to host the meeting in Texas next year at about the same time. m/s/p Ely / Kalchik Mailing Lists - postponed until September 7th meeting.

Membership - Ken Fujii Approximately 140 paid members. The approval of an individual for membership includes verification of the applicant’s status under the Bylaws. There is a great need to be aware of the security of the information. Financial - Mark Kalchik Costs up to this time have been the Journal. This has not been a major expense. We are just below $8,000. This meeting should break even. The Association’s money is in both savings and checking. American Academy - Steve Johnson CLIC is being provided a meeting room at the American Academy meeting in New Orleans in February 1992, courtesy of the Criminalistics Section. There will be an executive board meeting during the meeting and an open, round table discussion similar to the Wednesday night session. At this time, the day and time of the meeting is not known. Seminar - Pam Smith Survey forms will be filled out Saturday to get information on how the meeting was presented. The cruise will be on the Bay. The dinner will be outdoors, weather permitting. Tours of the DEA laboratory are available. Old Business - None

VOLUME 1 NUMBER 4 — OCTOBER 1991

Projects - postponed until September 7th meeting. Motion to adjourn until Saturday, September 7th was made. m/s/p Ely / Kalchik Meeting adjourned at 1051 AM. Minutes Of General Meeting - Continued September 7, 1991 San Diego, CA Meeting re-convened at 8:05 AM by President Abercrombie. This meeting is a continuation of the general meeting from September 5, 1991. New Business Membership categories were discussed extensively. There was a proposal to expand the Membership Committee. Using regional members as references was proposed. Motion: That a membership committee consisting of the Membership Secretary and at least three regional based members in good standing to receive, review and present candidates to the organization for approval of membership. Furthermore, that this

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION committee review the classification of membership of the organization and bring forth to the members of the organization for its approval any changes or recommendations pertaining to membership classifications. These members shall be appointed by the Membership Secretary. m/s/p Block / Hall Meeting Location The round table discussion at the American Academy meeting in New Orleans is a go. Membership expansion needs to be developed on the East coast by members from there when possible. Expansion will probably continue by personal contacts. Vendor Mailing Lists - Jerry Massetti Jerry indicated a strong desire by vendors to obtain the business addresses of the attendees. There was much discussion of the release of the attendee list. It was decided that the information would be provided. For those people that did not want their names released, they need to contact Roger to have their names deleted. Projects - Tom Abercrombie Reference Repository There was a proposal to establish a repository of synthesis routes. Being a non-profit organization, we would be separate from any agency. The repository would hold recipes and references. We need to work toward a computer based bulletin board system and eventually be user paid. It was decided that something was needed. Mark Kalchik was appointed to head this project. Anyone interested is asked to contact Mark. Mark is to report back to Roger on the progress of the project for publication in the Journal. Regional Training Centers It was discussed to get a group together of people who have given training before. They could give training to groups where the requesting agency would pick up the expenses. The groups could be broken down on a regional basis. We would need to establish a uniform training package. It was moved to have Tom chair a committee on Training. m/s/p Ely / Vandergriff Legislative Input We need to form a committee to try and unify legislation across the states. It has been proposed that Clyde Richardson chair a committee on this, as there needs to be some federal oversight on this issue. When a state gets a good law regarding clandestine laboratories, it can be distributed. Workshops Discussion of proposal of a workshop for the 1993 American Academy meeting in Boston was made. The proposal has to be to the Academy by February 1992. The cost is projected to approximately $100 per person. Attendance can be restricted to

PAGE 4

active law enforcement chemists. To be looked at by the training committee. The formation of a committee to develop the By-laws was proposed; however, no action was taken. Miscellaneous Tom asked if there was agency support for the Association. Tom indicated a letter could be sent to an agency if it would help an attendee get to a meeting. Before the next meeting, an agenda and outline should be provided at least one week prior to the meeting. Motion: The organization would like to thank all those who took the time to share their knowledge and experience through their presentations at this First Annual Clandestine Laboratory Investigation Chemists Association meeting. m/s/p Block / Ely Motion: The members of CLIC would like to greatly express its appreciation to the founding and original officers of CLIC for their foresight, diligence and persistence in forming this organization to the benefit of us all. m/s/p Block / Hall It was proposed that a historical committee be established to archive documents, photographs and other materials for the Association. A motion was made. m/s/p Ely/Kalchik It was suggested that paper presenters forward copies of their handouts to the seminar chairman so that they can be assembled in a binder prior to the meeting when the presentation is made. It was decided to establish closer ties to the Clandestine Laboratory Investigator’s Association (CLIA). Meeting adjourned at 9:09 AM.

‘TWAS THE NIGHT TO MAKE CRYSTAL (Editor’s note: The following prose was seized from a suspected methamphetamine chemist in Reseda, California during an investigation. It was forwarded by Bob Keil, Los Angeles County Sheriffs Crime Laboratory.) It was the night to make crystal and all through the hoods compounds were reacting like I knew that they would. The hood door I closed with the greatest of care to keep noxious vapors from fouling the air.

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 1 NUMBER 4 — OCTOBER 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION The reflux condenser was hooked to the tap while the high vacuum pump had a freshly filled trap. I patiently waited to finish my task while boiling chips danced merrily in the flask. From the pump arose such a clatter that I sprang from my chair to see what was the matter. Away to the fume hood and up with the door and almost half my product foamed out on the floor. I’d opened the door in such a terrible rush that the oil that sucked back filled the lines up with mush. Then what to my watering eyes should appear but a viscous black oil that had once been clear. Then the ether boiled out of the flask with a splash and hitting the mantle went off with a flash. My nose turned quite red my eyebrows went bare the blast had singed off nearly all of my hair. Then I flushed it with water and to my dismay found sodium hydroxide had spilled in the fray. Then before the fire got quite out of hand I managed to kill it with buckets of sand. With aqueous base I diluted the crud then shoveled up seven big bags of mud. I extracted the slurry again and again with ether and the dichloromethane chromatographic techniques were applied several times until the product was purified, ‘till I finally viewed with a satisfied smile one half of a gram in a shiny new vial.

VOLUME 1 NUMBER 4 — OCTOBER 1991

NEW MEMBERS ADDED TO ASSOCIATION The following individuals were accepted as Regular and Associate members of the Association during the General Business Meeting. We welcome them aboard and encourage them to help further the goals of the Association. Associate Members: Brenda Heng, Clandestine Laboratory Coordinator, California Department of Justice, Bureau of Narcotic Enforcement, Sacramento, CA Benjamin Devane Clark, Criminalist, Texas Department of Public Safety Laboratory, Waco, TX Regular Members: Kathleen M. Andrews, Forensic Chemist, DEA Western Laboratory, San Francisco, CA Steven M. Brookman, Senior Criminalist, Oklahoma State Bureau of Investigation Laboratory, Oklahoma City, OK Byron Max Courtney, Laboratory Director, Forensic Consultant Services, Forth Worth, TX Carolyn Csongradi, Criminalist, San Mateo County Sheriff’s Crime Laboratory, San Mateo, CA Jill Dupre, Criminalist, Forensic Consultant Services, Forth Worth, TX Thomas R. Ekis, Forensic Examiner, Forensic Consultant Services, Forth Worth, TX Peter Reginald Grounds, Forensic Scientist, Department of Scientific and Industrial Research, Chemistry, Christchurch, New Zealand Andrew Holmes, Senior Chemist/Specialist, Health Protection Branch, Health and Welfare - Canada, Ontario, Canada Tim McKibben, Forensic Chemist III, Aurora Police Department Crime Laboratory, Aurora, CO Pierre McMurray, Specialist/Clandestine Laboratories, Health Protection Branch, Health and Welfare - Canada, Longuevil, Quebec, Canada Louis W. Haby, Criminalist V, Texas Department of Public Safety Laboratory, Houston, TX Susan L. Nolan, Section Leader Illicit Drugs - Toxicology New Zealand Department of Scientific and Industrial Research, Auckland, New Zealand Robin J. Ridgeway, Forensic Chemist, DEA North Central Laboratory, Chicago, IL Janet E. Springer, Criminalist, Forensic Consultant Services, Forth Worth, TX Lionel A Tucker, Senior Forensic Chemist, DEA Western Laboratory, San Francisco, CA

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

UNDERGROUND BOOKS IN PRINT During numerous clandestine laboratory investigations over the past year several underground publications regarding amphetamine, methamphetamine and other controlled substance syntheses have been recovered at lab sites. Often, only Xerox copies of portions of these books are recovered, but are easily placed to a specific publication by examining the typography, content and relative page numbers. The most common publications can be purchased through several different sources found in High Times magazine. A recommended source for these publication is Books-By-Phone, a Berkeley, California mail order service. These books are highly recommended to supplement the clandestine laboratory investigator’s reference library. It is suggested these books be purchased either by personal check or money order, and delivered to your residence. You may lose your money and not get your books if you put your official law enforcement affiliation on the order. Books-By-Phone also carry a solid line of marijuana cultivation books, books on cocaine and other drug history topics. To obtain more information regarding the ordering of the listed books or a catalog of all the books this company offers, contact 1-800-858-2665. Anarchists Cookbook, Powell (1989) .......................... 19.95 Survival Chemist, Howard (1990) .................................. 8.95 Clandestine Drug Laboratories, Jack B. Nimble (1986) ........................................... 10.00 Psychedelic Chemistry, Michael Valentine Smith (1981) ............................. 16.95 Recreational Drugs, Professor Buzz (1989) ................. 21.95 Secrets of Methamphetamine Manufacture, Uncle Fester (1987) ................................................. 16.95

RECENT FEDERAL DECISIONS: LAB PROSECUTIONS AND A FEW OTHERS NANCY L. SIMPSON Senior Litigation Counsel United States Attorney’s Office Eastern District California (Editor’s Note: As part of the Legal Update Workshop at the First CIJC Technical meeting held in San Diego, California the following list of relevant Federal case law regarding many aspects of clandestine laboratory investigation and prosecution was distributed. The list is included in this issue of the Journal for the information of the general membership.)

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QUESTIONS REGARDING SCHEDULING OF METHAMPHETAMINE AND OTHER DRUGS United States v. Durham, 9th Cir. August 7, 1991 (Nos. 90-10022 and 90-10049) Methamphetamine is a Schedule II controlled substance, not Schedule III; methamphetamine has not been excluded as a controlled substance, even though some products (Vicks Inhaler, Rynal Spray) containing methamphetamine may be sold over the counter; the prosecution need not prove to the jury that the methamphetamine in question was a central nervous system stimulant. Alliance for Cannabis Therapeutics v. DEA, 930 F.2d 936 (D.C. Cir. 1991) This decision contains a lengthy history of the scheduling of marihuana.

QUESTIONS REGARDING CALCULATION OF SENTENCING GUIDELINES AND STATUTORY PENALTIES Chapman v. United States, 111 S. Ct. 1919 (1991) The weight of the blotter paper containing ISD, and not the weight of the pure LSD determines the weight of the drug for sentencing purposes. United States v. Alfeche, 9th Cir. August 22, 1991 (Nos. 90-10568 and 90-10569) For purposes of construing the provisions of Section 841, the Court approved the approach taken by the Sentencing Guidelines which relate to mixture or substance. “In the case of a mixture or substance containing PCP or methamphetamine, use the offense level determined by the entire weight of the mixture or substance or the offense level determine by the weight of the pure PCP or methamphetamine, whichever in greater.” United States v. Mahecha-Onofre, 936 F.2d 623 (1st Cir. 1991) The weight of the suitcase, which was made of cocaine and acrylic suitcase material, minus the weight of the metal parts, was the weight of the cocaine for sentencing purposes. United States v. Shabazz, 933 F.2d 1029 (D.C. Cir. 1991) Interprets the “mixture” language of §841 as it applies to dilaudid. United States v. Eves, 932 F.2d 856 (10th Cir. 1991) Tackles the issue of what is a marihuana “plant” for sentencing purposes, giving it the ordinary meaning which includes cuttings with roots.

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 1 NUMBER 4 — OCTOBER 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION United States v. McCrory, 930 F.2d63 (D.C. Cir. 1991) Finds that the exclusionary rule does not bar use of illegally obtained evidence to compute the Sentencing Guidelines.

account the possession of precursor chemicals in setting the sentencing guidelines, even if all of the necessary chemicals are not possessed by the defendant.

United States v. Turner, 928 F.2d 956 (10th Cir. 1991) Holds that cocaine base isn’t a vague term and it is permissible to treat it, for sentencing purposes, as 100 times as bad as cocaine.

United States v. Chan Yu-Chong, 920 F.2d 594 (9th Cir. 1990)

United States v. Macklin, 927 F.2d 1272 (2d Cir. 1991) Shows how to determine the amount of PCP which would have been produced had the chemicals all been used in the manufacturing process. United States v. Stoner, 927 F.2d 45 (1st Cir. 1991) Interprets the penalty portions of 21 USC §841 regarding 10 grams or more of methamphetamine, or 100 grams or more of a mixture of substance containing methamphetamine. The case rejects the contention that the first applies only to “pure” methamphetamine, finding that the mandatory penalty is triggered either by the net quantity of pure methamphetamine or the gross quantity of a mixture of substance containing methamphetamine. United States v. Paz, 927 F.2d 176 (4th Cir. 1991) Tells us how to calculate the sentencing guidelines for a defendant who is convicted of possession of cocaine with intent to manufacture cocaine base. At page 180, the court says that 100 grams of cocaine would yield about 88 grams of cocaine base. So, says the court, you first approximate the amount of crack which could have been manufactured and then look to the drug quantity table. You do not use the drug equivalency table. United States v. Angulo, 927 F.2d 202 (5th Cir. 1991) Finds that a defendant who elects to throw drugs out of the window of a car may be sentenced based on an estimate of the drugs which he threw away, even if they are not all recovered. United States v. Corrough, 927 F.2d 498 (10th Cir. 1991) Confronts the question of determining the sentencing guidelines when the drug seized was P2P. The appellate court said that you take the amount of the liquid containing the P2P and go directly to the drug equivalency table. The defendant had argued unsuccessfully that you first determine the amount of P2P which could have been made from the liquid which had been seized and then you consult the drug equivalency table. United States v. Franklin, 926 F.2d 734 (8th Cir. 1991) Finds that it is proper to use the quantity of drugs originally contained in a package for sentencing guideline computations, even though the officers had taken most of the drugs out before doing a controlled delivery. United States v. Smallwood, 920 F.2d 1231 (5th Cir. 1990) Concludes that the sentencing judge may property take into

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Says that drug quantities include the cut as well as the drugs, even if the mixture could easily be separated.

United States v. Brown, 921 F.2d 785 (8th Cir. 1990) Finds that the total quantity of PCP and ether should be considered in determining the sentencing guidelines, even though the percentage purity was only about 4%.

United States v. Havens, 910 F.2d 703 (10th Cir. 1990) Also approves of the use of precursor chemicals in determining the sentencing guidelines in an attempted manufacture of methamphetamine prosecution.

United States v. Corley, 909 F.2d 359 (9th Cir. 1990) Gives the stamp of approval to the sentencing guideline provisions about calculating the offense level for marihuana plants.

United States v. McKeever, 906 F.2d 129 (5th Cu. 1990) Instructs the sentencing court to take the entire amount of the substance containing P2P into account in determining the sentencing guidelines.

United States v. Putney, 906 F.2d 477 (9th Cir. 1990) Says that the court should consider the capability of the lab in determining the sentencing guidelines.

OTHER QUESTIONS REGARDING METHAMPHETAMINE LABS AND THEIR PROSECUTION United States v. Sotelo-Rivera, 931 F.2d 1317 (9th Cir. 1991) Holds that drug quantity is not an element of substantive drug offenses and thus the jury need not make the determination as to the quantity of drugs involved in the offense.

United States v. Becker, 929 F.2d 442 (9th Cir. 1991) Says that it is sometimes OK to use a jackhammer to break up a concrete slab in order to look for evidence of methamphetamine manufacture.

United States v. Greany, 929 F.2d 523 (9th Cir. 1991) Stands for the proposition that evidence of marihuana manufacturing, even if two years old, will support probable cause for the issuance of a search warrant.

United States v. Houser, 929 F.2d 1369 (9th Cir. 1991) Decided that a conspiracy may exist between a seller of drugs and a buyer who gets drugs for redistribution.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

TEMPORARY SCHEDULING PROVISION AUTHORITY UNCERTAIN CHARLOTTE MAPES Narcotics And Money Laundering Update Volume 5, Number 1, 1991 On October 15, 1990, the United States Court of Appeals for the Tenth Circuit held that a statute delegating to the Attorney General the power to temporarily place certain drugs on controlled substance schedules violated constitutional separation of powers principals, where the Attorney General was authorized to make such temporary scheduling decisions without holding any hearings and without possibility of judicial review (United States v. Widdowson, 916 F.2d 587, 1990). The defendants in Widdowson were indicted in the United States District Court for the District of New Mexico for conspiracy to manufacture, illegal manufacture, and illegal possession with intent to distribute the drug N-hydroxy-3,4methylenedioxyamphetamine (NMDA) on November 11, 1988. At the time of the offenses charged, the drug NMDA was temporarily scheduled pursuant to § 201(h) of the Controlled Substances Act, 21 USC § 811(h). The temporary scheduling provision of the Controlled Substances Act was added to the statute by § 508 of the Comprehensive Crime Control Act of 1984 (Public Law No. 98-473). This amendment complimented the permanent scheduling authority granted to the Attorney General by Congress under the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law No. 91-513), Title II of which is the Controlled Substances Act. The Drug Enforcement Administration (DEA) immediately began using the temporary scheduling authority, under a subdelegation from the Attorney General to the Administrator of DEA, of all functions vested in him under the Comprehensive Drug Abuse Prevention and Control Act of 1970. The subdelegation was made in 1973, and is found at 28 CFR §0.100. A number of federal court decisions arose from these early temporary schedulings, including appellate decisions, finding that DEA did not follow the proper procedures for temporary scheduling (United States v. Caudle, 828 F.2d 1111, 1987), and that the 1973 subdelegation from the Attorney General to the Administrator of DEA of all authority under the Controlled Substances Act did not effect a subdelegation of the 1984 amendments to that Act (United States v. Spain, 825 F.2d 1426, 1987 and United States v. Emerson, 846 F.2d 541,1988). The DEA revised its procedures, and on July 1, 1987 the Attorney General made a new delegation order, delegating all: “[f]unctions vested in the Attorney General by the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended.” 28 CFR § 0.100(b) (1989). On August 13, 1987 the DEA Administrator published a notice in the Federal Register (52 Fed. Reg. 30,175) in which he proposed to temporarily place NMDA into Schedule I of the

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Controlled Substances Act. On October 15, 1987, the DEA Administrator published another notice in the Federal Register announcing the temporary scheduling of NMDA, effective that date (52 Fed. Reg. 38,225). On July 27,1990 the United States Court of Appeals for the Third Circuit issued its decision in United States v. Touby (909 F.2d 79, 1990). The court in Touby held that Congress properly delegated the temporary scheduling authority to the Attorney General, that the Attorney General was authorized to subdelegate that authority to the Administrator of DEA, and that the Attorney General properly subdelegated the temporary scheduling authority to DEA. The Touby case concerned the drug 4methylaminorex. The Widdowson decision mentions the Touby decision, and the obvious conflict stating, “our conclusion on the constitutionality of the 811(b) delegation to the Attorney General creates a conflict in the circuits and the Supreme Court disagrees with our holding ...“ A petition for rehearing was filed in the Widdowson case. Since then, however, the Supreme Court granted certiorari in United States v. Touby. The case is scheduled to be argued at the end of April 1991. The United States Court of Appeals for the Tenth Circuit is holding further proceedings in Widdowson in abeyance pending the Supreme Court’s ruling in Touby.

METHAMPHETAMINE IN OVER-THE-COUNTER PREPARATIONS DOES NOT EFFECT SCHEDULING UNITED STATES VS. DURHAM 9TH CIRCUIT 91 C.D.O.S. 6285 Affirming a district court judgement of conviction, the court of appeals held that the presence of methamphetamine as a component ingredient of certain over-the-counter drugs has no effect on its inclusion as a Schedule II controlled substance. Appellants Bonnie Ann Durham and Jerome Sherman Stanley were convicted of offenses relating to the manufacture and possession of methamphetamine. Challenging the conviction, Stanley argued that methamphetamine is not a Schedule II controlled substance, and that the district court erred in failing to instruct the jury that they must find, as an element of the offense, that any substance called methamphetamine must be found to be a central nervous system stimulant before it is a controlled substance.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION It is no longer an open question whether methamphetamine has properly been designated a Schedule II controlled substance. In addition, Stanley’s argument that methamphetamine was no longer a controlled substance, because Rynal and Vicks Inhaler were over the counter nonprescription medications containing methamphetamine or its equivalent, was meritless. The Ninth Circuit has previously concluded that methamphetamine has been properly designated a Schedule II controlled substance. The mere inclusion of a controlled substance as an ingredient in a nonnarcotic nonprescription drug does not alter its status under the Controlled Substances Act. Were the court to interpret the statute as Stanley suggested it would be giving no effect to the Attorney General’s decision to designate methamphetamine a controlled substance. The court could not agree with Stanley’s argument that, since the Code of Federal Regulations characterizes methamphetamine as having a stimulant effect on the central nervous system, it imposes a duty upon the prosecutor to prove beyond a reasonable doubt that methamphetamine has a stimulant effect on the central nervous system. Proof beyond a reasonable doubt that the substance charged is methamphetamine was sufficient.

VICK’S INHALER DEFENSE CHARLES J. WILLIAMS AND MICHAEL LIEBAM Narcotics And Money Laundering Update Volume 5, Number 2, 1991 In recent months there have been a number of cases in which the defendant has raised the Vick’s Inhaler defense. In its simplest form, the defendant’s argument is that since Vick’s Inhaler is an over-the-counter drug which contains methamphetamine, and the mix of ingredients in Vick’s Inhaler is specifically excepted from the list of controlled substances (21 CFR § 1308.22), methamphetamine must, therefore, be excepted from the list of controlled substances. Courts have uniformly rejected this argument. Listed below are several recent cases that have come to our attention with regard to this issue: United States v. Roark, No. 90-1334WM (8th Cir., January 30, 1991) “[o]bviously, such a combination of ingredients (as exist in Vick’s Inhaler) does not create the potential for abuse and harm that the controlled forms of methamphetamine present.” United States v. Jamison, 902 F.2d, 1570(6th Cir., 1990) Simply because a combination of ingredients in Vick’s Inhaler are excepted does not mean that l-desoxyephedrine is excepted as a controlled substance.

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United States v. Huber, 1991 US Dist. LEXIS 229 (E.D. La, January 4, 1991) While “Rynal” and Wick’s Inhaler” have been specifically excepted from the list of controlled substances, methamphetamine is specially included and not specifically excepted from the list of controlled substances. United States v. Housley, 751 F. Supp. 1447, 1447 (D. Nev. 1990) “[it is] ludicrous to believe that authorization for sale over the counter of a product containing a small amount of a controlled substance renders that controlled substance lawful and exempt from the schedules in all forms.”

AMOUNT OF DRUG THAT COULD HAVE BEEN PRODUCED PROPERLY USED IN DETERMINING OFFENSE LEVEL UNITED STATES VS. AICHELE 9TH CIRCUIT 91 C.D.O.S. 6180 Affirming a district court judgement of conviction and sentence, the court of appeals held that there was no Brady violation by the government where impeachment materials concerning a prosecution witness were not under the government’s control and the defendant had enough information to ascertain the supposed Brady material. The evidence was sufficient in this case for a rational trier of fact to conclude that Aichele had at least a slight connection to the conspiracy, the existence of which he did not challenge. Based on all the evidence presented at trial, and even putting aside evidence of an inculpatory confession, the court held that a reasonable trier of fact could conclude that Aichele conspired to manufacture methamphetamine. Because the manufacturing and P-2-P possession charges were foreseeable substantive offenses committed in furtherance of the conspiracy, Aichele was also properly responsible for them. The district court properly found that the object of the conspiracy was to manufacture methamphetamine. The quantity that could have been produced from this conspiracy was properly used in determining Aichele’s offense level. The district court properly considered the quantity of drugs as though the object of the conspiracy, distinct from the conspiracy itself, was completed. It was irrelevant when that completion might have occurred. Because Aichele exercised his right to remain silent at trial and refused to discuss his case with his probation officer, or make a statement at the sentencing hearing, there was no indication of contrition. Therefore, a reduction for acceptance of responsibility was unwarranted.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

AN IMPROVED PREPARATION OF PHENYLACETONE J. KIZLINK Chemicke Listy Volume 84, Number 9, 1990, pp. 993-994

Disadvantages are very long reaction time up to 24-27 hours using methods with liquid phase and in all of these methods working up of mixture with hydroxide, extraction or rectification using large volumes. Yields are about 30-50%, using methods with liquid phase and 40-65% in gas phase. Improved method along with sparing time, removing neutralization and changing extraction by decantation give us yield at least 50% also.

EXPERIMENTAL (Editor’s note: The following is a translation of a Czechoslovakian paper regarding an improved synthesis for phenylacetone. The original paper is in Czech. Through the efforts of Dr. Robert F.X. Klein, DEA Special Testing and Research Laboratory - McLean, VA, the work has been translated by a Czech graduate student. The student suspects Kizlink is not native Czech (possibly Polish or Russian), which is why the paper reads oddly. If you would like a copy of the original Czech paper, contact the Editor.) Juraj Kizlink, Dept. of Organic Technology, ChemicalTechnological Faculty of Slovak Technical University, Radlinskeho 9,812 37 Bratislava, Czechoslovakia The preparation of phenylacetone from phenylacetic acid and acetic anhydride is described. A mixture of reactants with alkali acetate and copper sulphate is refluxed, extracted, decanted and distilled, giving the pure product in a minimum 50% yield. The advantages of this procedure consist in the higher efficiency of decarboxylation, a shorter reaction time, removal of acetic acid by decantation and easier extraction of the product without previous neutralisation with alkali. Phenylacetone - benzylmethylketone, 1-phenyl-2-propanone, is very important semiproduct in chemical, pharmaceutical and cosmetical industry. It is made by many different methods. One part of these methods are synthesis utilizing either Grignard reagents [1,2] or chloroacetone [3], we can also use method of “soapmaking” of phenylacetonitrile [4,5]. The second part of these methods is based on decarboxylation of phenylacetic acid or salts of it, and on the reaction with acetanhydride. Limiting factor of these methods is rate and completeness of decarboxylation, which we can improve by using catalysts. This can be done by dry distillation of calcium salts of phenylacetic acid and acetic acid [6,71, by boiling mixture of these acids with alkalic (basic) salts of acetic acid [8-10], or with pyridine, chinoline respectively [11] or with methyllithium [12]. Advantageous are methods based on flow of these mixtures through reactors filled with different catalysts either THO2 [5,13] or MnCO3 [14] with temperatures about 350-450°C. Crude product is purified usually by rectification or bisulphite method.

Mixture 136 g (1.0 mol) of phenylacetic acid, 70 g sodium or potassium acetate and 16 g (0.1 mol) anhydric Cu (II) sulphate is mixed in 4 liters round bottom flask with 2 liters of anhydric acetanhydride (technical grade product which contains water can be regulated adding 10 g of thionyl chloride) and this mixture is refluxed for 24 hours. After the mixture is cooled down, add 500 ml of solvent (CCl4, CHCl3 CH2Cl2) and mixture is poured to beaker with 2 liters of ice cool water. After separation we can take upper-water-layer and bottom layer is three times decanted by water, then dried (NaSO4, CaCl2 and so on) and then distilled. After distillation out of solvent the rest of the acetic acid and acetanhydride is separated using rectification column. Pure product is obtained as a fraction with bp 100°C under 2.0 kPa (15 torr) pressure with yield 70-90 g (52-67%). 1. 2. 3 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17.

Gilman H., Nelson J.F.: Amer. Chem. Soc. 61, 741 (1939). Neumann R., Booth CD.: J. Amer. Chem. Soc. 67, 154 (1945). Mason J.P., Terry L.I.: J. Amer. Chem. Soc. 62, 1622, (1940). Julian N.I., Oliver R.S.: Org. Synth 18, 54 (1938). Herbst R.M., Manske R.H.: Organic Syntheses Coll. VoL II, 389, Wiley, New York 1943. Apitash H.: Ber. Dtsch. Chem. Gesell. 38, 2897, (1905). Hill S.M., Hale C.T.: J. Amer. Chem. Soc. 33, 7 (1911). Stoermes R, Stroh H.: Ber. Dtsch. Chem. Gesell. 68, 2112 (1935). Hurd K.D., Thomas, C.D.: J. Amer. Chem. Soc. 58, 1240 (1936). Magidson O.J., Gargusa C.A.: Z. Obsc. Chim. 11, 339 (1941), Chem. Abstr. 35, 5868(1941). Smith G.G.: J. Amer. Chem. Soc. 75, 1134 (1953). Tegner L.: Acta Chim. Scand. 6, 782 (1952). Herbst RM., Manske RH.: Org. Synth. 16, 47 (1936). Zettlemayer A.C. Walker W.C., Stump W.L (Food Machinery and Chem. Corp.): USA pat 2,612524 (1952), Chem. Abstr. 47, 7534 (1953). Bernstein J., Yale H.L: J. Amer. Chem. Soc. 73, 906 (1951). Baker J.W., Hey L.: J. Chem Soc. 1932, 2917. McPhee A.W., Klingsberg R.C.: J. Amer. Chem. Soc. 66, 1132 (1944).

Pure phenylacetone has mp -15°C, bp 215°C, density = 1.0018, refractive index = 1.5164. Its semicarbazone [8,111 has mp 188-189°C, thiosemicarbazone [15] has mp 156°C.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ABSTRACTS FROM FIRST TECHNICAL MEETING (Editor’s Note: The following are abstracts from the various presentations made at the First Technical meeting of the Association, held in San Diego. Many of the authors of these presentations provided handouts to accompany their talk. If you would like more information concerning one of the presentations, please contact the author at the address provided.)

FIRST CLIC MEETING A GREAT SUCCESS The First Technical meeting of the Clandestine Laboratory Investigating Chemist’s Association was held during the week of September 4-7 at the Bahia resort hotel in San Diego, California. Attending this first meeting were 63 forensic scientists representing 16 states, 3 provinces of Canada, the United Kingdom and Germany. For the program two workshops were presented, 3 keynote speakers, 3 posters and 22 technical papers. In addition, 9 informal presentations were made during a “Bring Your Own Slides” session. The informal session produced a wide range of discussion on a variety of topics relating to clandestine laboratory investigations. Below are some of the highlights from this session and some of the comments generated from the presentations that were made. If you would like more information, contact the individual making the presentation. Richard Bingle, LAPD Crime Laboratory, Los Angeles, CA Richard inquired as to whether anyone else had seen what is being called the “Caveman” method of HI - red phosphorus reduction of ephedrine to methamphetamine. The method has been widely encountered in the San Pedro, CA area (approximately 10 square miles). The method uses a vacuum filter flask as a reaction vessel, heated by an oil bath in an electric fry pan. The flask is corked and a piece of tubing run from the side arm. No condenser is used. Ken Fujii (Contra Costa Sheriff’s Lab, Martinez, CA) indicated he had encountered a lab using a round bottom flask with no condenser in Richmond, CA. Roger Schneider (AZ DPS Crime Lab, Phoenix, AZ) reported he had seen a crock pot turned to a low heat for a reaction vessel. Roger Ely (DEA Western Lab, San Francisco, CA) indicated a similar lab was seized in southwest Washington State several years back; however, the flask was not corked but vented directly into a fireplace chimney. Ely also reported labs using crock pots for reaction vessels in the same area over several years. Catherine Wojcik (San Bernardino Sheriff’s Lab, San Bernardino, CA) indicated a recent seizure in 29 Palms with the fuming flask being vented into a charcoal filled bucket. Wojcik also indicated no methamphetamine was found in the reaction mixture. Tim McKibben, Aurora Police Crime Lab, Aurora, CO Tim reported he was formerly a pharmaceutical chemist dealing with asymmetric syntheses and compounds. He described several ways to resolve chiral compounds using chromatographic techniques. Tim is preparing a paper for the Journal

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on this topic, to be presented in the future. George Lester, DEA South Central Lab, Dallas, TX George presented a brief discussion and video tape regarding clandestine laboratory safety, and the investigation of a laboratory that was featured during a segment of CBS’s “48 Hours” news program on the methamphetamine problem. Ray Kusumi, WSP Crime Lab, Seattle, WA Ray presented two unusual laboratories investigations. The first was seized as a clandestine drug lab, but later found to be an explosives laboratory looking to manufacture RDX and C-4. The second laboratory was a MDA laboratory discovered during the seizure of a marijuana grow operation. The suspect was using a Roto-Vap to cut down on the fumes produced by the process. Ray reported the laboratory was very well organized. Drawings were found for an 18-inch diameter Soxhlet extractor for use with marijuana plant material. Roger Ely, DEA Western Lab, San Francisco, CA Roger presented a handout detailing the reaction mechanism, literature references and reaction yield values for the benzaldehyde - nitroethane condensation to 1-phenyl-2-nitropropene. This method is being seen increasingly in the Portland, Oregon area. The reaction does not require heat, but may be heated. The precursors are mixed together and placed in the dark for several days to react. This type of reaction lends itself to easy concealment. Joel Budge, Texas DPS Crime Lab, Waco, TX Joel presented a slide show of several different laboratory seizure he has investigated in his service area. Catherine Wojcik, San Bernardino Sheri ft’s Lab, San Bernardino, CA Catherine presented a video tape made by the suspects of a seized laboratory which included their comments about the reaction, how they perform the reaction and included views of their synthesis and processing of a batch. Oddly, the suspect’s faces were never shown in the video. Pierre McMurray, Health and Welfare - Canada, Longuevil, Quebec Pierre presented a slide show of several laboratories he has investigated in the province of Quebec.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ABSTRACTS FROM WORKSHOPS “TECHNOLOGY OF IMPROVISED EXPLOSIVE DEVICES” Victor T. Poisson Riverside Police Department 4102 Orange Street Riverside, CA 92502 Biography: Officer Poisson has been employed by the City of Riverside in a full time capacity since August of 1975. He was appointed to the rank of Police Officer in May 1976 and has served in a variety of assignments including Patrol Division, Metro (Special Weapons and Tactics) and Firearms/ Explosives. He is currently assigned to the Technical Evidence Unit and his duties include explosive ordnance disposal and improvised explosive device render safe responsibilities. Officer Poisson is and has been assigned as a certified explosive device technician for over 11 years. Formal training includes certification from the FBI - US Army Hazardous Devices Program at Redstone Arsenal in Huntsville, Alabama and NATO Instructors certification from the United Kingdom Ministry of Defence in the UK. The investigations conducted by Officer Poisson include the render safe of many live improvised explosive devices, the examination of numerous post-blast crime scenes and detailed analysis of improvised explosive devices. Course Outline: 1. Orientation and Improvised Explosive Device (IED) technology 2. Component identification 3. Explosive phenomenon 4. Device categories 5. Victim initiated devices 6. Clandestine laboratory - cultivation operation 7. Counter measures 8. Course summary and closing

“THE FEDERAL PROSECUTION OF CLANDESTINE DRUG LABORATORIES” Nancy L Simpson, Assistant United States Attorney Eastern District of California Room 3305 Federal Building 650 Capitol Mall Sacramento, CA 95814 (916) 551-2700 - voice Biography: Ms. Simpson graduated from the University of Idaho with a Bachelor of Arts degree in pre-Law in 1965 and received her Juris Doctorate from the same institution in 1967. She was admitted to the Idaho Bar in 1967 and the California Bar in 1969. Her first career as a lawyer was in Chief Counsel’s Office for the Internal Revenue Service. She left that position to became a prosecutor in 1977 and was a supervisor in the San

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Francisco District Attorney’s Office in 1980 and 1981. Ms. Simpson left the SF DA’s office and become deputy chief of San Francisco’s Federal Organized Crime Strike Force. In December of 1984, she moved to the Sacramento United States Attorney’s Office. From then until recently, her primary responsibility was the prosecution of clandestine drug laboratories. Course Outline: Ms. Simpson will address recent federal decisions regarding methamphetamine cases, as well as the Sentencing Guidelines for methamphetamine, phencyclidine and LSD. Ms. Simpson will also present a section on the care and feeding of new drug lab prosecutors; differences between federal and California law regarding probation and parole searches; and the use of expert opinion by chemists as forming part of the probable cause for search warrants - particularly in the case of warrants for evidence of past manufacture of methamphetamine.

ABSTRACTS OF KEYNOTE SPEAKERS “INVESTIGATION OF CLANDESTINE DRUG LABS - PAST AND PRESENT” Patrick C. Gregory, Special Agent Group Supervisor Drug Enforcement Administration Seattle Division Office 220 W. Mercer Street, Suite 301 Seattle, WA 98119 (206) 442-5985 - voice Biography: Special Agent Gregory has been with the Drug Enforcement Administration since 1971. For the past year, he has been the Group Supervisor of the Seattle Division’s “Weed and Speed” group, an enforcement group responsible for the investigation of marijuana grow operations and clandestine laboratory investigations for western Washington. Agent Gregory was previously with the Joint Clandestine Laboratory Task Force in Sacramento, California - one of the busiest and most productive lab enforcement groups in the US. He was also one of the individuals responsible for the establishment of the current DEA clandestine laboratory safety program for agents and chemists. Abstract: A foundation of the recent history of the clandestine drug laboratory situation in the United States will be presented from an enforcement perspective. The need and importance of interaction between the investigator and the forensic chemist will be discussed. A current overview of the clandestine laboratory activity in the US, the recurrent surge of LSD activity in the West, the procuring of precursor chemicals from Canada, import shipments of ephedrine from Asia, and the effects of the new precursor and essential chemical controls on enforcement operations will also be discussed.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “DON’T METH WITH ME!” Robert K Sager P0 Box 737 Lyle, WA 98635 Biography: Mr. Sager is retired from 34 years of service in the US Drug Enforcement Administration and its predecessors. He served as Laboratory Director of the DEA Western Laboratory in San Francisco, California for 21 years until retiring in November of 1990. He is currently serving as Vice-President for Training, Drug Prevention Network in Portland, Oregon. He resides on 80 acres near White Salmon, Washington with his wife, one cat and over 1100 hungry ground squirrels. Abstract: In 1962, the Federal government made is first seizure of a clandestine laboratory synthesizing a drug in the United States. In the intervening 29 years, law enforcement has slowly learned, adapted, and changed until we can finally say “Don’t Meth With ME!” The author will discuss the changes he has seen during his 34 years in law enforcement laboratories.

“ASPECTS OF ILLICIT UNITED KINGDOM”

DRUG MANUFACTURE IN THE

J.B. Metcalfe, B.Sc., Ph.D. Metropolitan Police Forensic Science Laboratory 109 Lambeth Road London SEI 7LP UK 71-230-6148 - voice 71-230-6393- FAX Biography: Mr. Metcalfe studied chemistry and physics at University of Newcastle-upon Tyne, UK and then took a Ph.D. in the soil chemistry department at the University of Aberdeen in Scotland. After a brief spell in industry, he joined the Metropolitan Police Forensic Science Laboratory in 1970 and has since specialized in forensic drug analysis. Initially he worked as an analyst dealing with his own casework and presenting court evidence, and then as a Team Leader in charge of a group of drug analysts. During this period he had a particular responsibility for coordinating the laboratory’s response to illicit drug manufacture investigations. For the past few years he has been in charge of one of the two drug sections within the laboratory, having overall responsibility for all aspects of the operational work carried out by the staff of the section. The duties of the analysts are very much geared to the provision of drug identification evidence in cases ranging from simple possession to major trafficking and manufacture. The department, which is well provided with modern analytical techniques, deals with all the cases submitted by the Metropolitan Police and the Laboratory provides a total forensic service. Abstract: This paper will cover a number of the more scientific and technical aspects of the illicit manufacturing situation in the UK. Following a brief overview of the general drug scene and

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our legal controls, I shall deal in the main with the Leuckart reaction, which is the most commonly encountered process. A rising out of this I shall discuss the nature and both the intelligence and evidential significance of the manufacturing impurities. Some of the work of the Drugs Intelligence Laboratory and the National Drugs Intelligence Unit will also be described especially where it concerns the investigation of illicit drug manufacture. Interesting features from a number of manufacturing operations will be shown. I shall conclude by describing briefly some of the other drug syntheses that we have encountered.

ABSTRACTS FROM POSTER SESSION “Large Scale Methamphetamine Laboratories Seized in Los Angeles County, California” Steven Johnson*, Richard Bingle, Bernard Sanchez, Warren Loomis, and Joseph Hourigan; Los Angeles Police Department Crime Laboratory 555 Ramirez Street, Space 270; Los Angeles, CA 90012 (213) 237-0041 - voice; (213) 237-0040 - FAX Two large scale methamphetamine laboratories utilizing the ephedrine/hydriodic acid/red phosphorus method will be presented. An estimate on the cost of materials present at one of the labs was over $700,000. The cost of hazardous materials disposal for these two investigations was in excess of $75,000. “Phencyclidine Clandestine Laboratory” Brenda G. Smith; Kern County Regional Crime Lab; 1431 L Street; Bakersfield, CA 93301 (805) 861-7656 - voice; (805) 325-7026 - FAX In December 1990, the Kern County Regional lab seized the Grignard portion of a phencyclidine (PCP) clandestine laboratory. The site consisted mainly of a 32 gallon garbage can that contained a brownish ether solution with a brown sludgy material and magnesium turnings at the bottom. The reaction mixture was determined to contain magnesium turnings, iodine, ethyl ether, and, instead of bromobenzene, a large quantity of chlorobenzene. The reaction mixture represented an unsuccessful attempt at making a Grignard reagent. An evaluation of possible reasons why this attempt to make a Grignard reagent didn’t work will be discussed.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “Synthetic Routes of Hydriodic Acid” Mark F. Kalchik*; CA DOJ Crime Lab; 6014 N. Cedar; Fresno, CA 93710 (209) 278-7732 - voice; (209) 278-7731 FAX and Pamela R. Smith; DEA Southwest Laboratory; 410 W. 35th Street; National City, CA 92050 A new industry of hydriodic acid production is being seen with the continued tightening of normal supplies. The preparation involves mixing iodine, water and a reducing agent, and may or may not include the isolation of the hydriodic acid. The common reducing agents are hydrogen sulfide, sulfur dioxide, hypophosphorous acid, and red phosphorous.

ABSTRACTS OF TECHNICAL PAPERS “Variations of Leuckart-Type Amphetamine Syntheses” Max Courtney* and Thomas R. Ekis; Forensic Consultant Services, PO Box 11668, Fort Worth, TX 76110 – (817) 870-1710 - voice, (817) 338-0908 - FAX The Leuckart synthesis has been used as the most common clandestine synthesis scheme for amphetamine encountered in reported illicit amphetamine labs. In general, the synthesis involves the reaction of phenylacetone with formamide and formic acid (or ammonium formate), which produces a distinct intermediate product, N-formylamphetamine. Subsequent reflux with mineral acid cleaves the formyl group to produce amphetamine. The current research involves the study of variations of this reaction by changing the typical reagents and conditions. Federal and various state laws have now made acquisition of some of the essential chemicals typically more difficult. Alternate synthesis schemes using other chemicals, alternate products, conditions utilized, and product yields are presented. “Further Data Treatment of Clandestine Lab Fingerprint Cases” Thomas R. Ekis*, Max Courtney and Joe M. Maberry, Forensic Consultant Services, PO Box 11668, Fort Worth, TX 76110 – (817) 870-1710 - voice, (817) 338-0908 - FAX During a 32-month period a total of 125 clandestine amphetamine laboratories in North Central Texas were processed for latent fingerprints, and the analyzed data were reported. The study shows fingerprint comparisons to be a most valuable investigative tool in cases involving clandestine synthesis. Additional refinements of the database have produced some previously unreported findings. Relationships that were not examined in the earlier study have been tested. The further analysis attempts to predict more closely those situations in which latent fingerprint processing will be most successful.

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“Fast Automatic Identification of Drugs of Abuse by GC/ FTIR” Wayne P. Duncan*, Hewlett-Packard Co., 1601 California Ave., Palo Alto, CA 94304 – (415) 857-6769 - voice, (415) 852-8011 - FAX Julius Eyem, Hans Bergkvist, and Lars Lungberg, National Laboratory of Forensic Science, 8-581-01, Liukoping, Sweden A gas chromatographic-Fourier transform spectroscopy method has been chosen for the automatic drug identification of street samples. Automatic filling of the MCT sensor with liquid nitrogen allowed for continuous unattended operation. Low maintenance of the GC-FTIR systems also contributed to high through-put of samples. A variety of drugs were analyzed such as substituted amines, caffeine, cocaine, acetylmorphine and heroin. Infrared spectra of the amines provided good differentiation for these compounds of similar structure. The system performs a peak purity check to help determine minor interfering components. “An Empirical Yield Study of An Ephedrine Reduction Method” J. Thomas Abercrombie, CA DOJ Crime Laboratory, 1500 Castellano Road, Riverside, CA 92509 – (714) 782-4170- voice, (714) 782-4128 - FAX Currently, the most popular clandestine synthetic route for the production of methamphetamine in California utilizes an ephedrine reduction using hydriodic acid and red phosphorus. This process is both extremely simple and extremely efficient. Much concern (by law enforcement and the courts) has been raised regarding the amount of methamphetamine that could be found in a given volume of reaction mixture due to the wide variation in answers given by “experts” in the field. This study is an attempt to ascertain whether there is a reasonable range of finished product that can be produced by the above mentioned route. “Results of Reactions When a Substitute for Hydriodic Acid is Used in the Hydriodic Acid / Red Phosphorus / Ephedrine Synthetic Route” J. Thomas Abercrombie, CA DOJ Crime Laboratory, 1500 Castellano Road, Riverside, CA 92509 – (714) 782-4170 - voice, (714) 782-4128 - FAX Due to the difficulties in securing hydriodic acid in the state of California, clandestine “cookers” have been using various substitutions for HI with varying degrees of success. This study will deal with substitutions that have been seen both in the field and the lab, and will discuss yields, byproduct formation and problems when an “equivalent” form of HI is used in this process.

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 1 NUMBER 4 — OCTOBER 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “Production Estimates of Clandestine Laboratory Seizures” Thomas M. Ruple* and Carolyn Hoffman, PASA - Statistical Section, Drug Enforcement Administration, Washington, DC 20537 – (202) 307-8265 - voice, (202) 307-8517 - FAX The Drug Enforcement Administration (DEA) has developed a statistical system that provides production capability estimates of the clandestine laboratories seized in DEA and DEA Cooperative cases. The paper presents the history of the system development, the methodology for producing the estimates, and examples of analysis that have been performed based upon these data. “Phenyl-2-propanone Synthesis Using the Tube Furnace” Raymond Kusumi, WSP Crime Laboratory, 610 3rd Avenue, 2nd Floor, Seattle, WA 98104 – (206) 464-7074 - voice This presentation will illustrate a large production scale clandestine laboratory that was seized using tube furnaces to produce phenyl-2-propanone. This method employs the use of a catalyst and furnace to facilitate reactions between precursors to generate phenyl-2-propanone continuously. Other aspects of this lab will also be presented such as the synthesis of phenylacetic acid and methamphetamine, packaging and management of this lab. “Methamphetamine Via The Pressure Cooker” Donn Christian* and Roger Schneider, Arizona DPS Crime Laboratory, PO Box 6638, Phoenix, AZ 85005 – (602) 223-2394 - voice, (602) 223-2913 - FAX Clandestine drug laboratory operators are continually looking for alternative methods of manufacturing illicit drugs. This presentation will describe an alternative to the traditional reflux method used to react ephedrine and hydriodic acid. Also discussed will be reaction by-products that are present at various times during the reaction. “The Occurrence of Anti-HIV Compounds in Clandestine Laboratory Investigations” Jerry Massetti, CA DOJ Crime Laboratory, 6014 N. Cedar, Fresno, CA 93710 – (209) 278-7732- voice, (209) 278-7731 FAX Anti-HIV drugs and precursor compounds are associated with clandestine laboratory processes on several levels. Physicians refer desperate patients to “buyers clubs” to obtain unapproved drugs. A former MDA and methamphetamine cook converts his laboratory to the production of anti-HIV precursor compounds. Defense counsel contends his clients, charged with

VOLUME 1 NUMBER 4 — OCTOBER 1991

methamphetamine manufacturing, were actually producing dextran sulfate which has been used to treat AIDS patients. In anticipation of encountering these compounds in clandestine drug laboratory investigations, a bibliography of published methods used to synthesize these types of materials has been started. Precursors and accessory chemicals will be summarized for some of the more commonly reported compounds. “Confidentiality of Documents” Katherine S. Wilcox, Oregon State Police Crime Laboratory, 1620 Thompson Road, Coos Bay, OR 97420 – (503) 269-2967voice Law enforcement officer’s training documents and court testimony transcripts have been found at the site of clandestine drug laboratories. Criminalists have not been trained on the disclosure of the clandestine laboratory documents they generate. Uncertainty in how detailed our court testimony needs to be, and how to defer irrelevant probing questions exists. This paper describes how confidential documents find their way into the hands of the clandestine laboratory operator. The author will discuss some case examples and suggest some methods for controlling the movement of these documents. There is a need nationwide to be more aware of what we say and disclose about these laboratories. “The Ephedrine - Hydriodic Acid Reaction: Mechanism and Variations” Robert D. Keil* and Leo R. Summerhays, Los Angeles County Sheriffs Crime Lab, 2020 W. Beverly Blvd., Los Angeles, CA 90057 – (213) 974-4611 - voice, (213) 483-3051 - FAX Forensic chemists have spent much effort on the ephedrine hydriodic acid - red phosphorous method of illicit methamphetamine production so that they may provide more thorough information to the trier of fact in court cases, and can recognize reaction condition variations capable of producing methamphetamine at suspected clandestine laboratories. While it is known that refluxing HI will convert ephedrine to methamphetamine, we have found that HBr and HCl do not. The ephedrine - HCl reaction was sluggish, yielding only the chloroephedrine. With HBr only phenyl-2-propanone (P2P) and its aldol products were detected. We have observed that mixtures containing red phosphorous, iodine and either concentrated HCl or glacial acetic acid do convert ephedrine to methamphetamine; however, when the phosphorous is omitted, methamphetamine is not formed. Ephedrine was reacted with red phosphorous and iodine in refluxing water, varying the ratios of red phosphorous and iodine; when red phosphorous and iodine are in excess of ephedrine in a 1:3.8:7.2 molar ratio (ephedrine:red phosphorous:iodine) methamphetamine is formed and the ephedrine is consumed in 8 hours. The ephedrine - HI reaction is viewed to proceed through an

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION iodoephedrine intermediate; ionic pathways are invoked for P2P and its aldols. The nature of the pathway producing methamphetamine in this reaction was studied by refluxing ephedrine and HI in the presence of a free-radical inhibitor. The reaction was not slowed compared with the uninhibited reaction. Thus the methamphetamine pathway, if radical in nature, is not a chain process. Reaction of 1-phenyl-1propanol with refluxing HI gave phenylpropane; traces of 1-iodo-1-phenylpropane and no starting material was detected. These results reinforce the idea of a non-chain radical process giving rise to methamphetamine from the intermediate of the ephedrine - HI reaction. “Drug Analysis in Canada” John Ladds* and Richard Laing, Health and Welfare Canada, 3155 Willingdon - Green, Burnaby, BC V5G 4P2 CANADA – (604) 666-3582 - voice, (604) 666-0957- FAX In Canada, the Department of Health and Welfare -Canada is responsible for providing social services and ensuring the welfare of all Canadians. Welfare, old age security, and other social programs have been devised in order to maintain a good standard of living for all Canadian beneficiaries. In addition to these basic social programs, Health and Welfare - Canada is also responsible for health protection through programs of the Health Protection Branch. One such program is administered by the Field Operations Directorate and provides analytical services for drug identification. The Drug Analytical Services Laboratory’s (D.A.S.) mandate ensures that a non-bias identification of illicit and controlled drugs, as prescribed in the Canadian Food and Drug Act and the Narcotic Control Act, is provided to the various enforcement agencies. The laboratory plays an active role in the investigation of clandestine laboratories from providing advice on indicative chemicals to attending the premise and dismantling of active laboratories and providing expert testimony in court. In the Western region, British Columbia and Alberta, clandestine laboratory activities can be defined into three categories: hydroponic marijuana, chemical laboratories, and precursor purchases destined to the US black market. D.A.S. chemists provide information and services for all three categories. In non-routine analyses, sample matching of drugs provides the greatest challenge. To meet this challenge, specific criteria for matching of the various drugs have been defined and are employed routinely in the D.A.S. laboratory.

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“Clandestine Laboratory Safety - Past, Present and Future” Bruce D. Lazarus, CIH, Network Environmental Systems, Inc., 13407 Folsom Blvd., Suite B, Folsom, CA 95630 – (916) 985-3639 - voice, (916) 985-0809 - FAX The implementation of clandestine laboratory safety programs by law enforcement and investigative agencies is a relatively recent event in the history of illicit substance manufacturing. Until the mid-1980’s, investigations were conducted with little or no knowledge of the chemical and physical hazards present at laboratory sites. However, with a rise in laboratory seizures coupled with an increase in lab hazard awareness, formalized safety programs began to emerge. In 1986-87, the first integrated agency safety programs were initiated. At the same time, the Federal Occupational Safety and Health Administration (OSHA) promulgated a comprehensive hazardous waste and emergency response operations standard (29 CFR 1910.120) interpreted to be applicable to clandestine laboratory seizure activities. As such, many agencies are now in the process of updating their programs to satisfy the OSHA standards while at the same time adjusting field procedures and training to simplify and improve field practices at laboratory sites. “Differentiation of Phenyl-2-propanone Synthesized From Phenylacetic Acid With Acetic Anhydride or Lead (II) Acetate” Roger A Ely*, Andrew C. Allen, Susan M. Nakamura, and Margaret L. Stevenson; DEA Western Laboratory, 390 Main Street, Room 700, San Francisco, CA 94105 – (415) 744-7051 voice, (415)744-7055- FAX The illicit synthesis of phenyl-2-propanone (P2P) in clandestine drug laboratories from phenylacetic acid and acetic anhydride in the presence of sodium acetate or pyridine, or from the dry distillation of phenylacetic acid and lead (II) acetate is examined. These two routes are investigated using capillary gas chromatography (GC) with combined vapor phase Fourier transform infrared spectroscopy (FTIR) and electron impact mass spectrometry (ElMS) detection (GCFTIR-EIMS), and with nuclear magnetic resonance spectroscopy (NMR) to identify twenty-one reaction byproducts. The mechanisms of the two reactions producing P2P are presented along with the mechanisms giving rise to these byproducts. This investigation has identified four reaction specific compounds which can be used to differentiate the two synthetic methods.

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 1 NUMBER 4 — OCTOBER 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “Identification of Oxazolidines as a New Class of Impurities Found in Methamphetamine” Mark F. Kalchik, CA DOJ Crime Lab, 6014 N. Cedar, Fresno, CA 93710 – (209) 278-7732 - voice, (209) 278-7731 - FAX

“Seizure of a Large Scale Amphetamine Laboratory” Lionel A Tucker, Jr., DEA Western Laboratory, 390 Main Street, Room 700, San Francisco, CA 94105 – (415) 744-7051 voice, (415)744-7055- FAX

Within the last six months a new class of compounds has been found in ephedrine and methamphetamine samples. These compounds are oxazolidines and are reaction products of ephedrine and aldehydes or ketones. The basic structure is 3,4-dimethyl-5phenyl-1,3-oxazolidine. Variation is at the two position and is dependent on the starting aldehyde or ketone.

This presentation will illustrate the production of amphetamine via phenyl-2-propanone and ammonia under pressure using Raney nickel as a catalyst; and the production of phenyl2-propanone via the phenylacetic acid - acetic anhydride method. The site of the laboratory was in an operational manufacturing plant with a state of the art quality control laboratory to monitor the syntheses.

“Forensic Drug Analysis by GC/FTIR” Ben Garland*, Nicolet Instrument Corporation, 215 Fourier Avenue, Fremont, CA 94539; and Kenneth D. Kempfert, Nicolet Instrument Corporation, 5225-1 Verona Road, Madison, WI 53711

“Safety in an Underground Work Place” James Hall, CA DOJ Crime Laboratory, 1500 Castellano Road, Riverside, CA 92509 – (714) 782-4170 - voice, (714) 782-4128 - FAX

The analysis of drugs in the forensic laboratory has undergone a consistent evolution of quality and specificity as the diversity of instrumentation has improved and new techniques are developed. Concurrently, the courtroom challenge has also intensified and precise identifications which include either mass, infrared or nuclear magnetic resonance spectroscopy must be employed. The present first choice for the spectroscopic identification of purified samples is the infrared spectrometer. For sample mixtures, GC/MS has become the technique of choice due to high sensitivity and an excellent database. However, there are numerous examples of forensic drug samples where GC/FTIR is far more accurate in distinguishing one compound from another. Several examples of forensic drug analysis by GC/FTIR are presented.

In October of 1990, criminalists from the California Department of Justice Riverside Laboratory assisted in the investigation of an underground clandestine methamphetamine laboratory. The clandestine laboratory was located inside a school bus that had been buried 15-20 feet underground in a rural area of western Riverside County. Initial entry by local law enforcement officers, processing of the lab site by criminalists, and the subsequent chemical cleanup will be discussed.

“Illicit Drug Characterization Using FTIR Spectroscopy” Daryl Deliman*, Stephen Hill, and Senja Compton, BioRad / Digilab Division, 520 Clyde Avenue, Mountain View, CA 94043 – (415) 961-6900 - voice, (415) 961-6715 - FAX

In September of 1986, a complaint was filed with the sheriff’s office in a northern Wisconsin county by a local utilities company. The investigation of this complaint at a rural farm setting led to the discovery of one of the largest methamphetamine clandestine laboratories in the nation. The methamphetamine was manufactured using ephedrine, a catalyst and acetic acid. This mixture was placed into a large shaker which was heated while hydrogen gas was introduced. The mixture was then stirred for a period of nine to twenty-four hours. This mixture was then removed, the acetic acid was distilled off, and the remaining solution was made basic with lye. The basic methamphetamine was extracted with ether and converted to the hydrochloride salt using hydrogen chloride gas. It was estimated the reaction produced a 92% yield of two to three pounds of finished product. The estimated annual yield for this clandestine laboratory was four hundred pounds having an estimated wholesale value of $6 million. All of the methamphetamine produced in the past year was recovered. All indications pointed toward an expanded production. A second larger improved reactor was being pre-

Many controlled drugs and their derivatives have been characterized using a combination of gas chromatography (GC) and Fourier transform infrared spectroscopy (FTIR). Spectral databases have been created by the RCMP, Georgia State Crime Laboratory, the Chemistry Centre of Western Australia, and others. The GC/FTIR technique has recently demonstrated detection limits of better than 200 picograms for a variety of barbiturate and amphetamine compounds. GC/FTTR offers complimentary data regarding structural configuration of isomeric compounds. Analytical capabilities of GC/FTIR techniques from the introduction by BioRad in 1973 through the current state of the art will be presented.

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“Large-Scale Methamphetamine Clandestine Laboratory - Wisconsin’s Kountry Kitchen” Robert H. Block, Wisconsin State Crime Laboratory, 4706 University Avenue, Madison, WI 53705-2174 – (608) 266-2031 - voice, (608) 267-1303- FAX

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION pared for installation. “Clandestine Laboratory Manual of Instruction and Procedure. An Overview” Jennifer M. Rich, CA DOJ Crime Laboratory - Headquarters Hazard Response and Evaluation Program, 4949 Broadway, Room F-104, Sacramento, CA 95820 – (916) 739-5484 The Clandestine Laboratory Manual Of Instruction and Procedure has been written and approved by both the Bureau of Forensic Services and the Bureau of Narcotic Enforcement (California) and is currently awaiting approval from California OSHA. The presentation will highlight several aspects of the Clandestine Laboratory Manual Of Instruction and Procedure including such topics as: roles and responsibilities, categories of clandestine laboratories, training requirements, site control zones, air monitoring program and thermal stress.

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1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 1 NUMBER 4 — OCTOBER 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CLANDESTINE LABORATORY SEIZURES AMPHETAMINE LABORATORY SEIZED IN KALGOORLIE, WESTERN AUSTRALIA In April1991 the State police drug squad raided a clandestine laboratory in the gold mining town of Kalgoorlie, 600 Km east of Perth, Western Australia. With the help of police from other states and information supplied from chemical supply companies, the drug squad officers were able to monitor the purchase of amphetamine precursors. When 25 Kg of phenylacetic acid was delivered to the suspect clandestine laboratory, the building was placed under surveillance. Several days later when the laboratory was raided, it appeared the operators had not started any synthesis and only a number of precursor chemicals were found. These included 25 Kg of phenylacetic acid, 20 litres of formamide, 20 litres of diethyl ether, 100 g of lithium aluminum hydride, sodium metal, potassium permanganate and 1 Kg of lead acetate. In December 1990, 25 litres of acetic anhydride had been delivered to the same address but was not found during the raid and its whereabouts was not determined. Along with lists of chemicals and equipment, a recipe for P2P manufacture by the phenylacetic acid I acetic anhydride process was found, but there was no indication of the method for the lead acetate route. The operator was not present at the time of the raid but, when apprehended and interviewed, he said he was going to use the acetic anhydride method when he obtained the chemical. He was aware of the lead acetate process but seemed unsure of the method and the “safety” of the finished product. Max Offer Chemist and Research Officer Forensic Science Laboratory East Perth, Western Australia

Two chemists were charged with manufacturing illegal drugs at a clandestine laboratory that police said was the largest producer of the drug “ecstasy” to be uncovered in Europe. Police said 1.8 litres of the amphetamine derivative MDA, valued at more than $800,000 was found in the lab in Champigny-surMarne outside Paris. Investigators said more than 18,000 pills could have been made from the liquid. Francois Khersero, 68, and Helene Balloc, 61, were arrested and charged with the crime.

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In September of 1991, an unusual clandestine laboratory was seized near Pollock Pines, California. What made this seizure unusual was not only the reaction vessel, but the unique location of the laboratory site. The site was located by a mountain lake surrounded by steep inclines and only one accessible route. The lab site was approximately 2 miles by water from the nearest docking area and was approached by motor boat. The laboratory was set up in a tent. The reaction vessel was a crock pot with the lid secured by an epoxy-type glue. The heat source for the reaction was from a Coleman gas stove. The suspects were using the hydriodic acid - red phosphorus reduction of ephedrine to methamphetamine. Due to the presence of quantities of alcohol and a white, insoluble powder the source of the ephedrine precursor seems to be from the increasingly popular ephedrine tablets. From measurements taken at the site of the vessel, the crock pot was approximately 6 litres in volume. A quantitative analysis of the reaction mixture indicated a production capacity of approximately 1.4 Kg per batch. One special problem associated with this lab was the fact it was accessible only by boat. The hazardous waste management crew were concerned that if any waste fell overboard during the movement of the materials, they would be responsible for cleaning up the entire lake. The suspects were also burying their waste, and investigators did their best to locate all the buried material, dig it up and properly dispose of it. Staff DEA Western Laboratory San Francisco, CA

WOMAN DIES OF OPIUM “TEA” OVERDOSE

MAJOR MDMA LABORATORY FOUND IN FRANCE

San Francisco Chronicle July 31, 1991

CLANDESTINE “TENT” LAB FOUND AT LAKE

A 38-year-old woman was found fully clothed in her bed in Vancouver, BC - Canada, in July of this year. Investigators relate the following details: The woman and two male companions were partying during a weekend. The female’s common-law husband reported she went to bed the previous afternoon at 5PM and he followed at 1 AM. The husband reported everything seemed normal. When he woke the next morning, he found the female dead. Investigators found no sign of violence during the examination of the body, and lividity and full rigor were noted in the victim. One of the males reported the three had partied all weekend with alcohol, diazepam, Halcion, and poppy tea. An investigation of the scene

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION uncovered only alcohol and a few pills. The husband told investigators the female had gathered the leaves, tops and flowers from poppies outside the residence. The materials were ground in a blender, boiled in water and strained for drinking. The husband reported the poppy tea took the “edge off” some of the drugs they were using. Approximately 1.5 hours later, the female reported feeling bad and went to bed. A subsequent search of the residence uncovered a plastic bag containing a black mass of vegetable material. The post mortem examination of the female indicated she was an intravenous drug user. Her husband described her as a “needle freak’ who would crush diazepam tablets and inject them. The toxicology report found: (blood) alcohol, 0.17; morphine, 0.5 mg/L; diazepam, 0.18 mg/L; and(urine) alcohol, 0.21; morphine, 8.9 mg/L; cocaine, 0.20 mg/L; and benzoylecgonine, 7.3 mg/L. The black mass of vegetable material and poppies taken from the yard were found to contain morphine, papaverine and noscapine. The growing poppies were identified as opium poppies. Larry Campbell Regional Coroner Vancouver, BC - Canada

WHILE WE’RE ON THE SUBJECT … Agents of the DEA Seattle Field Division’s “Weed and Speed” group recently served a search warrant in conjunction with a tar heroin investigation. During the search of the Tacoma, Washington residence, agents found a still-warm pressure cooker sitting on top of a hot plate on the back porch of the residence. An examination of the yard revealed a small pile of blackened vegetable material that appeared to have been cooked or processed. Agents uncovered the pressure cooker and found several quart jars containing a dark, black liquid and vegetable material inside. When the suspect was questioned about the materials, he indicated he was making “poppy tea,” a water extract of the opium poppy that could be consumed to help a heroin addict with withdrawal pain. Further search of the residence found about 1.5 gallons of the liquid in the refrigerator in prune juice bottles. One agent described the liquid as looking and smelling similar to prune juice. Patrick Gregory Group Supervisor, Special Agent DEA Seattle Field Division Seattle, WA

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EXPLOSIVES LAB SEIZED IN STOCKTON, CA On September 12, 1991 the CracNet Task Force served a search warrant at the north Stockton home of a suspected methamphetamine dealer. The agents observed a large number of chemical containers including pyrodex, flash powder, black powder, various nitrates and perchlorates, aluminum powder, sulfur, nitric acid, sulfuric acid, potassium permanganate, nitromethane, sugar, charcoal, mercury, etc. In addition to the chemicals, a pyrotechnics book, a large roll of red cannon fuse, empty M-80 tubes and empty lead and cardboard tubes were found. Prior to the arrival of the criminalist, the subject responsible for this mess had been advised of his rights per Miranda and chose not to say anything to officers. Upon the criminalist’s arrival and the suspect finding out the “state chemist” was present, the 21-year-old suspect eagerly volunteered what he knew about his chemicals and admitted to making gun cotton, mercury fulminate and other distasteful compounds. The suspect was self-taught, and had no formal education nor did he have a high school diploma. The suspect was arrested and charged with possession of materials with intent to make explosives or destructive devices. Mike Giusto CA DOJ Crime Lab French Camp, CA

METHAMPHETAMINE LAB EXPLODES IN SOUTHERN CALIFORNIA Criminalists from the California Department of Justice Riverside Laboratory recently responded to an exploded clandestine methamphetamine laboratory in the community of Menifee Valley. The clandestine laboratory was in the kitchen of a single family residence located in a brand new residential neighborhood. The kitchen stove was totally demolished and a large hole was found in the ceiling above the stove. Dark red residue was splattered throughout the kitchen and dining areas. Many houses in the area were still under construction. One of the neighbors I spoke with was a Santa Ana Police officer who had moved his family to that area (against his wife’s advice) to get away from crime-infested Orange County. Jim Hall CA DOJ Crime Lab Riverside, CA

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 1 NUMBER 4 — OCTOBER 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION CUDL OPERATION DISCOVERED IN NORTHERN CALIFORNIA

UNUSUAL REDUCING AGENT PURCHASED IN PORTLAND, OR AREA

California “Campaign Against Marijuana Planting” (CAMP) agents stumbled on what is being described as the first clandestine urine distillation laboratory (CUDL) in the state. A search warrant was served on a remote property near Montgomery Creek, California for a marijuana grow operation. During the service of the warrant, the agents examined the inside of a mobile home and found a lab inside with a distillation in progress. A round bottom flask was setting in a sand bath on top of the kitchen stove, connected to a distillation column and receiver flask. Agents contacted the Clandestine Laboratory response team in Redding, who responded to the site. The defendant, about 55-years-of-age, told officers he was distilling his own urine in the process and using the nitrogen rich residue in his compost pile. Upon searching the trailer, no chemicals were located; however, several gallons of what the suspect claimed to be his urine were found. Experienced laboratory investigators report the inside of the trailer had that “clandestine laboratory” look to it.

An unusual chemical order for 25 Kg of dimethylamine borane (borane - dimethylamine complex, Aldrich #18,023-8) by an individual was brought to the attention of the Diversion Control Unit of the Drug Enforcement Administration’s Portland, Oregon office. An inquiry was made as to the possible use of this compound as a source of a dimethylamino group in the synthesis of dimethyltryptamine (DMT). Upon consulting with the DEA Western laboratory and the DEA Special Testing and Research Laboratory - McLean, VA it was found that dimethylamine borane is considered one of the best reducing agents for Schiff bases (imines) available [1]. The Schiff base is isolated and added to glacial acetic acid. The dimethylamine borane (25% excess) in glacial acetic acid is slowly added. After the addition, the solution can be refluxed for about 15 minutes. Yields for derivatives of N-benzylidenaniline were found to be nearly 90%. It is not known if this reducing agent may gather wide-spread use as it is expensive - $80.00 for 100 grams (Aldrich).

Dan Largent Special Agent Supervisor California Bureau of Narcotics Enforcement Redding, CA

VOLUME 1 NUMBER 4 — OCTOBER 1991

1.

Billman, John H. and McDowell, John W., “Reduction of Schiff Bases. III. Reduction with Dimethylamine Borane,” Journal of Organic Chemistry, Volume 26, 1961, pp. 14371440.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LITERATURE REFERENCES The following papers are abstracted for the information of the CLIC membership. If you obtain references or other literature that would be of interest to the membership, please forward a copy of the reference to the Editor of the Journal. “ICE: Poor Man’s Cocaine” Groves, T., British Medical Journal, Volume 303, July 20, 1991, p. 6795. An old drug in a new form has appeared in Hawaii and has been seized in raids at Heathrow Airport, London. The old drug is methamphetamine; the new form looks like icicles and has a street name of “ice” or “crystal.” It is also known as “crank,” “meth,” and “speed.” The term ice is often used to include all forms of methamphetamine (usually d-methamphetamine hydrochloride), but this new form is particularly pure - up to 98%. The new ice is produced in laboratories in South Korea and distributed through the Philippines and Hong Kong. “Synthesis and Pharmacological Examination of 1-(3Methoxy-4-methylphenyl)-2-aminopropane and 5-Methoxy6-methyl-2-aminodan: Similarities to 3,4-(Methylenedioxy)methamphetamine (MDMA)” Johnson, M.P.; Prescas, S.P.; Oberlender, R; and Nichols, D.E.; Journal of Medicinal Chemistry, Volume 34, 1991, pp. 1662-1668. The racemate and the enantiomers of 1-(3-methoxy-4methylphenyl)-2-aminopropane (6) and the racemic 5-methoxy6-methyl-2-aminodan (11) were tested for stimulus generalization in the two-lever drug-discrimination paradigm. Both 6 and 11 were found to substitute with high potency in 3,4-(methylenedioxy)methamphetamine and (S)1-(1,3benzodioxol-5-yl)-2-(methylamino)butane trained rats.

“Synthesis, Stereochemistry, and Biological Activity of the 1-(1-Phenyl-2-methylcyclohexyl)piperidines and the 1-(1-Phenyl-4-methylcyclohexyl)piperidines. Absolute Configuration of the Potent trans-(-)-1-(1-Phenyl-2methylcyclohexyl)piperidine.” Iorio, MA.; Tomassini, L; Mattson, M.V.; George, C.; and Jacobson, A.E.; Journal of Medicinal Chemistry, Volume 34, 1991, pp. 2615-2623. The (-)- and (+)-isomers of the cis- and trans-Ph/Me 1-(1phenyl-2-methylcyclohexyl)piperidines have been synthesized and the achiral cis- and trans-Ph/Me 1-( 1-phenyl-4-methylcyclohexyl)piperidines were prepared, and their in vitro [displacement of [3H]TCP (1-[1-(2-thienylcyclohexyl)]piperidine) from the PCP (1-(1-phenylcyclohexyl)piperidine) binding site] and in vivo (rotarod assay) activities determined. The 1-(1phenyl-2-methylcyclohexyl)piperidine isomers were resolved by classical crystallization procedures, through the diastereomeric salts obtained with d- and l-10-camphorsulfonic acid. “Design, Synthesis, and Pharmacological Evaluation of Ultrashort- to Long-Acting Opioid Analgetics.” Feldman, P.L.; James, M.K.; Brackeen, M.F.; Bilotta, J.M.; Schuster, S.V.; Lahey, A.P.; Lutz, M.W.; Johnson, M.R.; and Leighton, H.J.; Journal of Medicinal Chemistry, Volume 34, 1991, pp. 2202-2208. In an effort to discover a potent ultrashort-acting µ opioid analgetic that is capable of metabolizing to an inactive species independent of hepatic function, several classes of 4-anilidopiperidine analgetics were synthesized and evaluated. One series of compounds displayed potent µ opioid agonist activity with a high degree of analgesic efficacy and an ultrashort to long duration of action. “Synthesis of Hydriodic Acid.” Furniss, B.S., et al; Vogel’s Textbook of Practical Organic Chemistry, 5th Edition, John Wiley and Sons, New York, pp. 436-439. The synthesis of hydriodic acid using iodine solution and hydrogen sulphide gas is presented.

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VOLUME 1 NUMBER 4 — OCTOBER 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

N-ACETYLNORCOCAINE: A NEW COCAINE IMPURITY FROM CLANDESTINE PROCESSING. I. JOHN F. CASALE, B.S. State Bureau of Investigation Drug Chemistry Laboratory PO Box 29500 Raleigh, NC 27626-0500

ABSTRACT

EXPERIMENTAL

N-Acetylnorcocaine has recently been identified in several exhibits of cocaine. Its presence was confirmed by GC/MS comparison to a separately synthesized standard. A postulation for the presence and formation of N-acetylnorcocaine is discussed.

A Hewlett Packard Model 5890 gas chromatograph was used to generate the sample chromatograms. A 30-in, 0.25-mm I.D. fused silica capillary column coated with DB-1701 (J & W Scientific) at a film thickness of 0.25 microns was employed. Helium (99.999 UHP) was the carrier gas at a flow rate of 30 cm/sec. The injection port was maintained at 230°C and samples were injected in the split mode (50:1) by a Hewlett Packard Model 7673A Auto Injector. The oven temperature was multilevel programmed as follows: (level 1) initial temperature, 180°C; initial hold, 1.0 min; temperature program rate, 4°C/min; final temperature, 200°C; final hold, 0 min; (level 2) temperature program rate, 6°C/min; final temperature, 275°C; final hold, 11.5 min. Nitrogen was used as the makeup gas at a flow rate of 30 ml/min. Detection was flame ionization operated at 280°C and interfaced with a Hewlett Packard Pascal ChemStation (Version 4.0) for data processing. All chromatograms were recorded at an attenuation of 24 and a chart speed of 0.66 cm/min. The mass spectrum of N-acetylnorcocaine was obtained on a Hewlett Packard Model 5970 Mass Selective Detector (MSD). A 30-in fused silica DB-5 capillary column (I.D. 0.25mm, J & W Scientific) was employed using helium (99.999% UHP) as the carrier gas. The injection port temperature was 250°C, and the sample was injected in the split mode (20:1). The initial column temperature was 100°C and was ramped at 10°C/min to 280°C. The quadrupole mass analyzer operated under electron ionization conditions at 70 eV and was in full scan mode. An infrared spectrum was recorded with a Perkin Elmer Model 1600 Series FTIR on potassium bromide disks. Isolation and Identification: N-acetylnorcocaine was isolated from cocaine hydrochloride by an ether extraction from dilute acid. The extract was concentrated and analyzed by CISPA (Figures 1 and 2) and GC/MS (Figure 3). The retention time and mass spectra of the extracted sample were consistent with the synthesized standard. The absence of N-methylpyrrolidinium cation m/z 82 and N-methylpyridinium cation m/z 94 reflect that the tropane ring system no longer contains a N-methyl group. Major ions m/z 43, m/z 68, m/z 109, m/z 168, and m/z 331 are consistent with structures a’ through e’. The infrared (Figure 4) exhibited an absorption at 1659 cm-1 which is consistent with an amide carbonyl.

INTRODUCTION Many cocaine impurities are the direct result of chemical alteration of coca constituents, whether deliberate or not. Many of these impurities are the result of acid or base hydrolysis of cocaine. Others are from chemical oxidation of coca paste via permanganate oxidation [1]. N-Acetylnorcocaine (1) has been identified in several illicit cocaine hydrochloride exhibits via chromatographic impurity signature profile analyses [2] (CISPA) and gas chromatography mass spectrometry (GC/MS). Exhibits containing N-acetylnorcocaine usually have a distinct odor of either acetyl chloride, acetic anhydride, or acetic acid. This alkaloid cannot be a natural product since its presence has only recently been detected. The presence of N-acetylnorcocaine in illicit cocaine samples is of significant importance in cocaine signature profile analyses for “same batch” determinations in criminal conspiracy cases. Samples containing (1) appear to be unique in subclassifying cocaine exhibits derived from clandestine production procedures. Concentrations of (1) seen to date range from 0.01-0.07 percent of total sample content. Interestingly, all samples that contain (1) also contain N-formylnorcocaine (2).

CH3 O

N

H

CO2CH3 H O

O H

(1)

O

CO2CH3 H

N

O H

(2)

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O

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

O

CH3

NH+ H3C

N

+

H3C

CO2CH3 N

H

m/z 68

H

CH3

CO2CH3

NH+

H

O

H + N

m/z 168

O O CH3 O

CO2CH3

N

H O

O

(4) CO2CH3 H O H

(1)

O

O

m/z 331

Synthesis of N-acetylnorcocaine: Cocaine base (3) was N-demethylated (3) to yield norcocaine (4). Norcocaine HCl was acetylated with acetic anhydride to provide N-acetylnorcocaine (1). Trans-esterification: Norcocaine was dissolved in a 100 fold molar excess of ethyl acetate to determine the extent of trans-esterification to N-acetylnorcocaine and ethanol. The reaction was monitored periodically by GC/MS for three months. Hydrochloride conversion via methanol/acetyl chloride: Methanol/HCl containing an excess acetyl chloride was generated by adding a 0.2 molar excess acetyl chloride to cold methanol. The resulting methanol/methyl acetate/HCl solution was added to cocaine base which was spiked with norcocaine. Excess carrier was evaporated under nitrogen and the products

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H

H

(3)

m/z 109

H

CO2CH3 N

O

O

m/z 43

H

H

were analyzed by GC/MS.

RESULTS

AND

DISCUSSION

The formation of N-acetylnorcocaine could occur from acetylation or trans-esterification of norcocaine. The presence of norcocaine in illicit cocaine samples usually occurs from one of two separate sources. First, norcocaine will be a product of the hydrolysis of the Schiffs base intermediate formed during permanganate oxidation procedures [1]. In addition, norcocaine can also be produced from demethylation of cocaine in diethyl ether which contains elevated levels of peroxides. Peroxides could be especially prevalent in clandestine operations which reuse diethyl ether in cocaine hydrochloride conversion laboratories, another recent phenomenon which roughly parallels the appearance of N-acetylnorcocaine. All exhibits that contain N-acetylnorcocaine also contain elevated levels of

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 1 NUMBER 4 — OCTOBER 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

VOLUME 1 NUMBER 4 — OCTOBER 1991

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

N-formylnorcocaine. The concentration of N-acetylnorcocaine exceeds the concentration of N-formylnorcocaine in all exhibits to date. If acetylation had occurred prior to permanganate oxidation, N-acetylnorcocaine would not survive in cocaine base precipitation procedures to remain substantially. This strongly suggests that acetylation of norcocaine occurs during or after permanganate oxidation. In fact, samples that contain N-acetylnorcocaine have depressed levels of norcocaine as compared to exhibits that do not contain N-acetylnorcocaine. However, since acetylation usually proceeds in anhydrous media, formation of N-acetylnorcocaine during permanganate oxidation is ruled out. One possible explanation for the presence of N-acetylnorcocaine which should be considered is trans-esterification of norcocaine with ethyl or methyl acetate. This reaction would yield the title compound and ethanol or methanol respectively. This possibility was ruled out experimentally by the absence of any detectable N-acetylnorcocaine (over 3 months time) from norcocaine in a large excess of ethyl acetate. A second possible explanation for the formation of N-acetylnorcocaine would be during hydrochloride conversion of cocaine base. Evidence to support this postulation is the strong odor resembling acetyl chloride, acetic anhydride, or acetic acid in the finished product. The use of acetic anhydride or acetic acid would not be useful in any of the clandestine production procedures. However, acetyl chloride can be used to generate hydrogen chloride. Being an acid halide, acetyl chloride reacts vigorously with methanol to produce methyl acetate and hydrogen chloride quantitatively. The formation of hydrogen chloride

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via acetyl chloride and methanol or ethanol is a commonly used laboratory procedure utilized to produce a carrier containing very dry hydrogen chloride. The by-products methyl or ethyl acetate are low boiling and easily removed by evaporation. If hydrochloric acid is becoming scarce or in short supply due to imposed tightening chemical controls, acetyl chloride would be an attractive alternative as a source of hydrogen chloride. Acetyl chloride is a low boiling (52°C) flammable liquid [4] and small amounts of unreacted or excess compound could be carried over in a HCI carrier such as methanol or ethanol. When cocaine base spiked with norcocaine was treated with methanol/HCl formed from methanol and acetyl chloride, the norcocaine was acetylated nearly quantitatively to yield N-acetylnorcocaine. Therefore, acetylation of N-nor and hydroxy compounds could occur from a carrier containing HCl which is contaminated with acetyl chloride.

REFERENCES 1. 2.

3. 4.

Brewer, L. and Allen, A.C., “N-Formyl Cocaine: A Study of Cocaine Comparison Parameters,” Journal of Forensic Sciences, Vol. 36, No. 3, May (1991), pp. 697-707. Casale, J.F. and Waggoner, R.W., “A Chromatographic Impurity Signature Profile Analysis for Cocaine Using Capillary Gas Chromatography,” Journal of Forensic Sciences, Vol. 36, No. 5, September (1991), pp. 1312-1330. Baldwin, S.W., Jeffs, P.W., and Natarajan, S., “Preparation of Norcocaine,” Synthetic Communications, Vol. 7, (1977), p. 79. The Merck Index, 11th edition, S. Budavari, ed., (1989).

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 1 NUMBER 4 — OCTOBER 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ESTABLISHING THE ILLEGITIMATE USE OF TRICHLOROMONOFLUOROMETHANE IN CLANDESTINE METHAMPHETAMINE LABORATORY INVESTIGATIONS JEFFREY DOVCI, B.S. Oregon State Police Crime Laboratory 650 Royal Avenue, Suite 11 Medford, Oregon 97504

ABSTRACT In the Western United States, clandestine methamphetamine labs are a common narcotics enforcement concern. In some of these illegal labs, trichloromonofluoromethane (Freon-11 or R-11) is used illegitimately as a solvent in the extraction phase of the manufacturing process. Since Freon-11 is a highly volatile, hydrophobic refrigerant and solvent with legitimate industrial applications, establishing its use in clandestine labs can be a challenge. Lab cooks use this fact to their advantage and tenuously associate their Freon-11 usage with a legitimate business. When Freon-11 is the only chemical leading the investigator to a clandestine lab, the forensic chemist should be able to provide accurate information on the use of Freon-11 in clandestine labs as well as its legitimate industrial applications. This information may be crucial to the investigation and the subsequent trial.

DISCUSSION Illicit methamphetamine in Southern Oregon is commonly manufactured via the synthetic reduction route utilizing l-ephedrine, red phosphorus, and hydriodic acid. In many cases, the solvent of choice in these labs is trichloromonofluoromethane (Freon 11 or R-11). Although Freon-11 can be used in other manufacturing processes, it appears to be primarily linked to the HI/ephedrine labs. These ephedrine labs are generally large scale labs capable of producing hundreds of pounds of d-methamphetamine which can be recrystallized and sold in the form of “ice’. Large volumes of Freon-11 have been an integral part of these labs. This paper discusses the legitimate and illegitimate uses of Freon-11 in such labs and associated information which may be useful to the forensic chemist in answering investigative questions. Freon-11 as an Extraction Solvent In general, the manufacture of methamphetamine via 1-ephedrmne is a simple process. When the reaction is complete, the red phosphorus is filtered from the post-reaction mixture, the pH is adjusted from acid to base using lye (sodium hydroxide). The methamphetamine is then extracted with an organic solvent. The physical properties of Freon-11 (Table 1) make it an ideal solvent for this task.

VOLUME 1 NUMBER 4 — OCTOBER 1991

Methamphetamine appears to be extremely soluble in Freon-11 and the volatility of the solvent promotes rapid processing. In addition, the extreme combustibility hazard of solvents like ether is non-existent. It is important to note that Freon-11 is not currently a controlled chemical by state or federal law. There are other chlorinated fluorocarbons which also are referred to as “Freons,” but are generally unsuitable for use as solvents at ambient temperatures. Freon-12 for example is used as an aerosol propellant and vaporizes at room temperatures. Estimation of product yields based on Freon-11 consumption in clandestine labs for the purpose of federal criminal prosecution is possible for experienced chemists. Usage from lab to lab is variable, however, it is evident that large volumes are used. It appears that a general ratio of 1:1 (Freon-11/ reaction mixture) is used. The Freon-11 is often bought in 100 lb. canisters which contain 8.11 gallons of refrigerant. In a lab located in Douglas County, Oregon, the Freon-11 was contained in several 55 gallon drums. In a separate lab located in Jackson County, Oregon, 1000 lbs. of Freon-11 was transported from Southern California to the lab site where evidence of 1400 lbs. was noted. This equates to nearly 195 gallons consumed in a matter of a couple months. Legitimate Uses of Freon-11 According to a 1988 EPA publication, an estimated 5500 metric tons of Freon-11 was used in 1985 in cooling units called Chillers. Chillers are cooling systems designed for use in large buildings such as hospitals. These units require volumes of Freon-11 ranging from 500-2500 lbs. depending on unit size. The use of Freon-11 to clean refrigeration compressors is not currently practiced and accounts for negligible consumption. In 1985 an estimated 54,800 metric tons of Freon-11 was used to manufacture molded flexible, slab-stock flexible, and rigid polyurethane foams. In 1985, Freon-11 was not listed as a cleaning solvent, however, it can be used for this purpose. There was an estimated 68,000 metric tons of CFC designated as Freon-113 (NOT Freon-11) used in 1986, of which 50% was used in the electronics industry.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Table 1. Freon-11 Physical Data Boiling Point: Density: pH: Form: Color:

75°F 1.48 g/ml at 77°F 7.0 Liquid Colorless

% Volatile by Volume: Vapor Pressure: Evaporation Rate: Appearance: Odor:

100 Initial; 0.7 psig at 77°F 0.1 CCl4 = 1.0) Clear Slightly ether-like

Source: MSDS from DuPont

Differentiating Legitimate and illegitimate Usage of Freon In clandestine methamphetamine labs where Freon-11 is used as a solvent, the violators must attempt to establish a legitimate need for the Freon-11. Conspirators will generally claim they have purchased the Freon-11 for their automotive repair business, auto salvage business, appliance repair, or refrigeration business. The forensic chemist should know the legitimate uses of Freon-11, the quantities used, and the availability of the refrigerant in his geographical area. This not only allows the chemist to provide accurate information for affidavits and warrants, but also is useful in dispelling fanciful prevarications by the conspirators in trial.

the demand for Freon-11 is legitimate. In addition, extensive service contracts and large orders for Freon-11 would insure that the contractor is well known by his suppliers, a risk the clandestine cook cannot take.

Depending on the size of the metropolitan area, establishing the illegitimate use of Freon-11 could be difficult without the associated clandestine lab, however, a process of elimination can be utilized based on local information to draw an accurate conclusion. The first step is to determine the nature of the alleged business requiring the Freon-11.

The use of Freon-11 as a solvent for appliance repair, auto part solvent baths, and electronic cleaning probably occurs to a more limited extent. These applications use small volumes of Freon-11 and are using increasingly smaller volumes due to economic pressures, governmental regulations, and environmental concerns.

Chiller Cooling Systems If the conspirators indicate that the Freon-11 is for refrigeration, consider the service requirements of Chiller cooling systems in the area. Chillers can usually be shipped with the required charge of Freon-11 installed. When the system loses its charge, either partially or completely, it may require as little as 100 to 1500 lbs. When the system needs service, the manufacturer or a contractor will do the work. Contractors purchase the Freon-11 necessary to recharge the system they are servicing. Most refrigeration supply distributors do not stock the large quantities of Freon-11 which maybe needed for Chiller service. The majority of small distributors stock several hundred pounds at most and have to special order the Freon-11 for higher demands.

Cost of Freon-11 Freon-11 is taxed by the federal government as a part of a strategy to reduce the use of chlorinated fluorocarbons which have been associated with the depletion of the ozone layer. The tax on a 100 lb. drum of R-11 is $140.00. In addition, the natural forces of supply and demand place the overall cost of a 100 lb. drum between $300.00 and $700.00. For a lab using 1000 lb. quantities, this represents a cyclical investment of $3000.00 to $7000.00 per order. It is the author’s opinion that an automobile or appliance repair business is not going to use these quantities or afford this capital outlay. A refrigeration contractor is not likely to invest in 1000 lbs. of Freon-11 unless he is servicing a Chiller system and will be reimbursed soon afterwards. Ultimately, the small businessman cannot afford large volumes of Freon-11 unless he is subsidizing his income with the proceeds of an illegal lab.

The large quantities of Freon-11 used by clandestine labs generally exceeds the available supply stock at the local refrigeration supply dealers. Unless a conspirator is involved with numerous service contracts on Chiller systems, it isn’t likely that

PAGE 28

Industrial Uses After considering refrigeration needs in an area, follow up with the other possible industries that use Freon-11. The polyurethane foam manufacturers use Freon-11 extensively. These manufacturers order large volumes of Freon-11 directly from the chemical plants like DuPont. It is not likely to be a source of Freon-11 for drug manufacturing.

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 1 NUMBER 4 — OCTOBER 1991

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION The Future of Freon-11 Because of worldwide concern about the affects of CFC’s on the atmospheric ozone layer, international agreements have been established to provide a unified approach to the limitation and eventual elimination of CFC usage. The Montreal protocol (September1987) and the subsequent London amendments (1990) provide for a 50% reduction by 1995, 85% by 1997 and 100% by the year 2000. In addition, the U.S. Congress established the Clean Air Act including Title VI which creates a “regime” for phasing out ozone-depleting chemicals. The act categorizes ozone-depleting chemicals as a class I or class II substances. CFC’s like Freon-11 are classified as class I because they tend to be the most ozone-depleting. The EPA on March 29, 1990, proposed revisions to the Resource Conservation and Recovery Act which changed current Toxicity Characteristics. The changes were then suspended based on concerns that the new revisions would subject some CFC’s to hazardous waste regulations. The changes would possibly increase the venting of waste CFC’s to avoid recycling requirements. Although the Toxicity Characteristics are being reconsidered, some changes are likely to be made tightening the overall restrictions on the use and disposal of CFC’s. Recently, as evidence of impending restrictions, a Portland, Oregon, electrical motor winding business was reportedly fined nearly $8,000.00 for the illegal disposal of a CFC.

the product, alleged legitimate need can be quickly discounted revealing the true necessity for the solvent. Since clandestine drug manufacturers have little regard for current laws preventing the possession or use of controlled precursors, even the severity of increasing governmental regulations and controls are not likely to have any deterring affect on Freon-11 use in drug labs. In the event that Freon-11 use declines, the forensic chemist should be prepared for the appearance of CFC substitutes. According to a local refrigeration supplier, at least one of these substitutes, HCFC 123 (CHCl2CF3) is explosive, increasing the already hazardous nature of field investigation. At present, however, the forensic chemist armed with a little knowledge can definitively establish the lack of legitimate need of Freon-11 and verify its illegitimate use as an extracting solvent in the manufacturing of methamphetamine.

REFERENCES 1.

2.

3.

CONCLUSION Freon-11 is currently a solvent of choice in clandestine methamphetamine labs utilizing the HI/ephedrine manufacturing route. Because these labs use large volumes of the R-11 to extract

VOLUME 1 NUMBER 4 — OCTOBER 1991

4.

Allen, A. and Cantrell, T., “Synthetic Reductions in Clandestine Amphetamine and Methamphetamine Laboratories: A Review,” Forensic Science International, Volume 42, 1989, pp. 183-199. Environmental Protection Agency Publication, “How Industry is Reducing Dependence on Ozone-Depleting Chemicals; A Status Report Prepared by the Stratospheric Ozone Protection Program, Office of Air and Radiation,” 1990. Federal Register, “Protection of Stratospheric Ozone: Notice,” Volume 56, Number 14, Tuesday, January 22, 199i. (EPA notice) Environmental Protection Agency, 40 CFR Part 261, (SWHFRL-3904-5/EPA/OSW-FR-91-005), Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Toxicity Characteristic.

1991 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 2 NUMBER 2 — APRIL 1992

IN THIS ISSUE Minutes of Executive Board Meeting, December 14, 1991 .......................... 2 Minutes of Executive Board Meeting, February 18,1992 ............................. 3 DEA Plans To Place Methcathinone In Schedule I ....................................... 4 Possession of “Speed” Not Manufacturing, No Presently Useable Quantity Required For Possession ............................................ 4 A Guest “... Of All the Nerve” ...................................................................... 5 Literature References .................................................................................... 6 Laboratory Seizures ....................................................................................... 9

Association Officers President: J. Thomas Abercrombie CA DOJ Crime Lab 1500 Castellano Rd. Riverside, CA 92509 (714) 782-4170 Vice-President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Ken Fujii Contra Costa Sheriff's Crime Lab 1122 Escobar Street Martinez, CA 94553 (415) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Executive Board Members: Terry A. DalCason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640

The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions from the membership concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references where necessary. Research papers or material over one page in length is requested to be submitted on IBM computer disk (contact the Editor for more information). One of the primary goals of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a speedy manner. For more information concerning the Journal, contact the Editor.

Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Richard Bingle Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

MINUTES OF EXECUTIVE BOARD MEETING December 14, 1991 Fresno, CA Attended by: Jerry Massetti, Ken Fujii, Roger Ely, Steve Johnson, Rich Bingle, Mark F. Kalchik, Absent: Tom Abercrombie Meeting called to order at 1000 by Steve Johnson. The San Diego meeting was summarized by going over meeting surveys and expenses: ✔ We need to plan better for audio-visual costs. We need to plan at the rate we used at San Diego rather than what was planned for San Diego. ✔ Attendees would like to have an open night. ✔ The poster session needs to be enlarged. ✔ Vendor presentations should be targeted as a technical presentation rather than a sales pitch. Maybe encourage poster presentation rather than technical presentation. The Fort Worth meeting was discussed: ✔ Workshops were discussed as to whether to have law enforcement involved or not. Deferred until it can be determined whether it is needed and our ability to provide. ✔ It was agreed that two short workshops were good rather than one long. The bomb workshop was not tailored enough for us to take on the road. ✔ Areas of possible interest for workshops include: Crystal tests FTIR Analytical Schemes of Samples ✔ The two possible short courses for Fort Worth are a legal update and analytical schemes. Need to have Max check to see if catering can be arranged locally. Meeting rooms will have to be rented. Jerry is looking for room for up to 30 vendors. Max is looking for a train ride and dinner. The only meal that would be part if the meeting would be the dinner associated with the train.

PAGE 2

Jerry covered airline contracts. Two were considered were Delta and American. Differences and similarities were covered. It was purposed that we go with Delta. Ely/Johnson m/s/p An executive matter was discussed. Resolution of the matter was tabled until the New Orleans Board meeting. Roger discussed the likelihood of support from the DEA Laboratory system. He indicated the matter was going to be discussed at an upcoming Lab Directors meeting. A straw poll of the DEA Lab Chiefs suggest a majority are willing to support CLIC. Ken Fujii discussed the upcoming elections for the Fort Worth meeting. One Member-At-Large is to be replaced with the Past President position. One Member-At-Large will be up for election. The Vice-President and Membership Secretary also will need to be elected at the fall 1992 meeting. Rich Bingle’s Member-At-Large position will be the dissolved position. It was proposed to spent $375 for an IRS letter for nonprofit status. Ely/Massetti m/s/p Need to check with Tom Abercrombie on the status of state nonprofit status. Transferred to Kalchik for follow up. Delinquent dues will be assessed a penalty of $15 on March 1st. Bingle/Johnson m/s/p An advertising policy was set up. It will cost $100 for 1/2 page and $200 for a full page advertisement. It needs to be camera ready art. Ely/Bingle m/s/p A $300 dollar loan to CLIC by Mark Kalchik to cover a portion of the last printer’s cost needs to be repaid. Motion to repay. Bingle/Johnson m/s/p The Circle, Inc is setting up a national program that can be used by states for clan lab cleanup. CLIC would be in an advisory position. CLIC is going to present workshops on AIDS drug labs at NWAFS and CAC in the spring. This is to cover synthesis or manufacture. We need to set up a seminar committee. The next scheduled board meeting will be in New Orleans in conjunction with the AAFS conference. Adjourned 1230

1992 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 2 NUMBER 2 — APRIL 1992

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

MINUTES OF EXECUTIVE BOARD MEETING February 18, 1992 New Orleans, LA Attended by: Jerry Massetti, Terry DalCason, Roger Ely, Steve Johnson, Mark F. Kalchik Absent: Tom Abercrombie and Ken Fujii Meeting called to order at 1930 by Steve Johnson The minutes from the last meeting were approved. m/s/p Johnson/DalCason Fort Worth Meeting: ✔ Vendor: Jerry Jerry went over vendor response so far The vendor mailing will go out Monday February 24th Fee structure was discussed There will be an investigation to see if a vendor wants to sponsor the binder for the conference Vendors cannot send equipment to hotel until Sept. 8. ✔ Meeting - Roger Meeting hall is accessible to catering There will be one fee of $125 for the entire confer ence. According to Max Courtney the meeting is progressing nicely. Workshop on analysis to be changed to: 1) how do you sample 2) how do you analyze 3) presentation in court There needs to be one suite for hospitality Audio/visual: trying to trim costs but still keep quality as close to San Diego as possible Microgram gave good coverage to CLIC conference

✔ Seminar Committee: Jerry recommended establishing a seminar committee. m/s/p Massetti/Ely Pam Smith was recommended for position. 1993 Meeting site recommendations: Mem phis, Orlando, Atlanta, North Carolina. Roger will investigate going to Memphis ✔ AAFS Would CLIC like to have a program each year? We are working toward having a breakfast seminar to be held on Thursday or Friday of the AAFS meeting. Committee to be headed by Terry to look at this possibility. ✔ CLIC needs to investigate setting up a training program with a traveling slide show. Trainers would be regional and provide training when requested. It was decided to look into the Emergency responder training programs offered by a Chicago firm. Much of the training provided by them now is insufficient. ✔ The executive board reopened the executive matter from the December Board meeting. By unanimous vote there was a temporary transfer of the powers of the President to Vice-President, as provided for in Article IV of the Constitution. Secretary-Treasurer Mark Kalchik was instructed to draft a letter expressing the Board’s concerns to Tom Abercrombie and send it via register mail, return receipt requested. A deadline of April 1 was set for waiting for a response. ✔ We need to change Bylaws to terminate membership after a one-year delinquency of dues rather than two years as currently written. Several other changes need to be considered and will be sent to the membership before the Fort Worth meeting. Meeting Adjourned at 2140

Membership - Roger for Ken Fujii ✔ People who have approved membership applications pending but have not been voted on can send in $30 to receive the journal for the year. ✔ Notices are to be sent out next week for delinquent dues as a reminder for current members. After March 1 there will be a penalty, but changed to April 1. After June I if a member has not paid his dues they will be dropped from the mailing list. ✔ Secretary-Treasurer is instructed to purchase 2 copies of Robert’s Rules of Order for President and SecretaryTreasurer for use at meetings. ✔ Journal postage - we are breaking even at this time. ✔ Treasurer’s report: $2,393.26 in checking and savings at this time

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

DEA PLANS TO PLACE METHCATHINONE IN SCHEDULE I

POSSESSION OF “SPEED” NOT MANUFACTURING; NO PRESENTLY USEABLE QUANTITY REQUIRED FOR POSSESSION

Drug Enforcement Report Volume 8, Number 11, 1992, p. 3 The Drug Enforcement Administration plans to use its emergency scheduling authority to place the “designer drug” methcathinone, an analogue of methamphetamine, into Schedule I of the Controlled Substances Act. The DEA administrator has the legal authority to temporarily place a drug under the Controlled Substances Act if he finds that such action is necessary to avoid an imminent hazard to the public safety. If the DEA issues a final scheduling order, the same criminal sanctions and regulatory controls will be imposed on the manufacture, possession and distribution of methcathinone as for other Schedule I drugs, such as heroin and marijuana. Drugs placed in Schedule I have a high potential for abuse and no currently accepted medical use in treatment in the United States.

O CH3 HN

CH3

Methcathinone

The emergency scheduling authority was given to the DEA administrator so that he can quickly apply controls to designer drugs, which are new chemical analogues or variations of existing controlled substances. According to the DEA, five clandestine laboratories in Michigan have been producing methcathinone, which is sold as a “legal” stimulant under the street name “cat.” It is distributed in powder form and is inhaled. Although there are no reports or injuries specifically attributed to the drug in the United States, there is a report of overdose in the former Soviet Union, where the drug has the street name “jeff.” “Methcathinone’s structural similarity to methamphetamine and its central nervous system stimulant activity strongly suggest that abuse of this substance will lead to health and safety risks similar to those produced by amphetamine and methamphetamine,” said the DEA in a notice in the March 16 Federal Register. An overdose of a stimulant, such as amphetamine, can cause agitation, an increase in body temperature, hallucinations, convulsions and possibly death.

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Scientific Sleuthing Review Volume 14, Number 4, 1990, p. 8 William Rowe was either incompetent in the art of manufacturing methamphetamine or awfully lucky. Upon the execution of a search warrant at his California residence, his house was chock-a-block with methamphetamine manufacturing paraphernalia. He had a scientific dictionary, a daily planner with appropriate manufacturing notations, and he had chemicals – including methamphetamine oil – that could be used in fabricating illicit drugs. Rowe admitted to having been trying to “cook” methamphetamine for the past few months and to drying his creation on a counter top; the substance on the counter top tested negative for “speed.” Clearly, Rowe had bungled in his effort to engage in drug manufacturing. A government criminalist agreed. Rowe was convicted on the manufacturing charge, but the California appeals court has now reversed that conviction. Rowe was not shown to have created and later destroyed or disposed of “speed” nor was he proved to be in the actual, ongoing, continuous process of manufacturing. Rowe was not demonstrated to have even started the necessary first step in the manufacturing process. However, the possession conviction was upheld because the confiscated methamphetamine oil was a useable quantity, even though not useable in its current form. “Useable” was said to require only a potential for use, which the criminalist’s evidence indicated the oil had, once competently manufactured into methamphetamine in its solid form. Nothing in prior California cases was said to contradict this interpretation. In brief, the fact that the methamphetamine oil could be turned into methamphetamine sufficed for a possession charge but not for a manufacturing charge, unless and until the necessary acts of manufacturing had commenced. Put that way, the decision does have a modicum of reasonableness. – People v. Rowe, 269 Cal. Rptr. 64 (Cal. App. 1990)

1992 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

A GUEST “... OF ALL THE NERVE” HUMPTY DUMPTY’S DAY IN COURT DEFENSE EXPERT TESTIFIES: LSD ON BLOTTER PAPER IS NOT A MIXTURE WALTER F. ROWE, PH.D. Scientific Sleuthing Review Volume 15, Number 4, 1991, p.13 – – – – – –

There’s glory for you! I don’t know what you mean by “glory,” Alice said. Humpty Dumpty smiled contemptuously, – Of course you don’t – till I tell you. I mean, there’s a nice knock-down argument for you! But “glory” doesn’t mean a “nice knock-down argument,” Alice objected. When I use a word, Humpty Dumpty said in a rather scornful tone, it means just what I choose to mean – neither more nor less. Lewis Carroll, Through the Looking Glass

The end of 1991 saw the publication of Peter W. Huber’s Galileo’s Revenge: Junk Science in the Courtroom. This book details the invasion of the American court system by weird science propounded by fringe scientists. Huber’s focus is on bad science and pseudoscience in tort litigation. Had Mr. Huber desired to write a companion volume about pseudoscience in criminal trials, he would not lack for material. Consider the recent case of United States of America v. G. Forbes, J. Penkala and C. Martensen (U.S. Dist. Ct. No. Dist. Cal., Docket No. CR9I-0087-VRW). On October 11, 1991, Dr. Edward George Brown testified for the defense at the sentencing hearing for Jeffrey Penkala. The issue was whether or not “blotter acid” (lysergic acid diethylamide absorbed on blotter paper) constituted a mixture. If the blotter acid were a mixture, then the defendant’s sentence would be based on the weight of the blotter paper plus the LSD. Otherwise, the sentence would be based on the weight of LSD (a figure many orders of magnitude less than the weight of the blotter paper). Dr. Brown described an experiment that he has performed on two squares of the blotter acid. According to his testimony, he had placed the squared of blotter paper in contact with a strip of chromatography paper and carried out descending paper chromatography [– Talk about a blast from the past!] [2]. After allowing the LSD to elute for two hours Dr. Brown tested the pieces of blotter paper for the presence of LSD. Finding no LSD, Dr. Brown expressed his opinion that the LSD on blotter paper did not constitute a mixture from a scientific point of view. The remarkable quality of his reasoning is shown by the following excerpt from the transcript of Dr. Brown’s testimony:

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Q: Let me ask you this: did you look up the definition of mixture? A: I looked up the definition of mixing, yes. Q: And in what book did you look up that definition? A: This was one in Van Austren’s Scientific Encyclopedia Q: Is that encyclopedia commonly used in your field? A Yes, it is. Mixing is defined as “a random exchange of fluid parcels on any scale from the molecular to the largest eddy. The presumption of randomness implies that any conservative property within the area or mixing is equalized and the gradient thereof is destroyed. The process of mixing is thus irreversible.” Q: Why do you feel that the blotter paper you tested in this case was not a mixture? A: I feel it was not a mixture because I was able to remove the LSD simply by eluting it off with an eluant This astonishing discussion of basic chemical principles prompts some comments. Neither the sixth nor the seventh editions of The Van Nostrand Scientific Encyclopedia (apparently the Van Austren of Dr. Brown’s testimony) have entries for either mixing or mixture. In fact, I have been unable to determine the source of Brown’s arcane gibberish, despite searching entries in The Van Nostrand Scientific Encyclopedia such as “diffusion,” “fluid,” “fluid dynamics,” “irreversible process,” and “thermodynamics.” Dr. Brown is so fixated on the irreversible nature of mixture that he wrote in the report he prepared in this case, Mixing is an irreversible process, meaning that once two substances are mixed, they cannot be eluted from the surface without a great expenditure of energy. I have shown in my experiments that LSD can be eluted from the surface of the paper just by the addition of methanol. No heating or other form of energy was required to removed the LSD from this paper sample. The term “irreversible” in the above quotation is apparently being used in a strict thermodynamic sense, at least that is the most plausible and charitable interpretation. In thermodynamics, a reversible process is one in which there is no entropy production; a cycle of reversible processes can be used to return all the systems involved in the processes to their original states. Real world processes are necessarily irreversible: Only ideal processes can be reversible. (An important point that exposes the utter speciousness of Dr. Brown’s whole argument.) A simple example may illuminate these concepts. Suppose a rubber ball falls off your desk and bounces on the floor, eventually coming to rest. You can of course readily restore the ball to your desktop. This will not, however, restore the universe to its original state because the bouncing of the ball on the floor will have generated heat that will have been dissipated to the floor and the surrounding air. The bouncing of the ball on the floor is consequently an irreversible process.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION If we consider the mixing of the contents of two reservoirs containing gases, say oxygen and nitrogen, we know that when the two reservoirs are connected the gases will spontaneously mix. The mixing will be irreversible in the thermodynamic sense, yet we can use a molecular sieve in gas-solid chromatography to separate the oxygen and nitrogen molecules in the resulting mixture. The concepts of reversibility and irreversibility are covered in the undergraduate physical chemistry courses that are required of all chemistry majors. (References on these points are too numerous to list. However, two classic references are Lewis, G.N., and Randall, M., Thermodynamics, McGraw-Hill Book Company, New York. 1961; Bent, HA, The Second Law, Oxford University Press, New York, 1965). Certainly Dr. Brown had to search high and low for his definition of mixing (wherever he found it). Other commonly used reference books give slightly difference definitions of “mixture,” e.g., Mixture: A system of two or more distinct chemical substances. Homogeneous mixtures are those in which the atoms or molecules are interspersed, as in a mixture of gases or in a solution. Heterogeneous systems have distinguishable phases, e.g., a mixture of iron filings and sulfur. In a mixture there is no redistribution of valence electrons, and the components retain their individual chemical properties. Unlike compounds, mixtures can be separated by physical means (distillation, crystallization, etc.) [emphasis added]. Concise Science Dictionary, Oxford University, Press, Oxford, 1984, pp. 448-9. Mixture: An heterogeneous or homogenous aggregation of different materials. The compounds of a mixture maybe separated by simple mechanical or physical means, in sharp contrast with a chemical compound which cannot be so separated. Van Nostrand Chemist’s, Dictionary, D. Van Nostrand Company, Inc., New York. 1953, p. 471. These definitions emphasize the concept that a distinguishing feature of mixture is that their constituents can be separated by physical means. Among the physical methods by which the components of mixtures may be separated is paper chromatography. According to one widely used undergraduate instrumental analysis text, Chromatography encompasses a diverse group of separation methods that are of great importance to the analytical chemist, for they often enable him to separate, isolate, and identify the components of mixtures that might otherwise be resolved with difficulty or not at all. Skoog, DA., and West, D.M., Principles Of Instrumental Analysis, Holt, Rinehart and Winston, Inc., New York 1971 p. 614. Having demonstrated experimentally that the LSD in the blotter acid can be separated from the paper by simple physical means, Dr. Brown concluded that blotter acid is not a mixture, within the scientific meaning of that term. This finding is

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diametrically opposite to the received view in science. Dr. Brown does not elucidate exactly what it is, although in chemistry the choices are not numerous. Blotter acid must be either element, compound, or mixture. In case the reader has developed doubts at this point regarding Dr. Brown’s expertise in chemistry, let me allay them by pointing out that according to Dissertations Abstracts International, an Edward G. Brown received a Ph.D. in organic chemistry in 1988 from the University of California at Davis for a dissertation entitled “Sterically Hindered 4-Pentenoic Acids, 1, 6-Heptadiene4-Carboxylic Acids, and Oxazolines: Their Synthesis, Analysis and Iodolaconization.” Perhaps he was absent on the days when mixtures, mixing and irreversible processes were discussed. Defendant Jeffrey Penkala received a significantly reduced sentence. Instead of the 10-year minimum sentence that he might otherwise have received, he was sentenced to six years and five months. The Department of Justice is currently appealing what it views as Mr. Penkala’s overly lenient sentence. Whereas a mixture is not reversible in Dr. Brown’s estimation, the sentence resulting from his pseudo-scientific opinions is reversible. Let us hope the appellate court is not too mixed up by the murkiness of Dr. Brown’s testimony to separate real science from junk science.

NOTES: 1.

2.

Professor, Department of Forensic Sciences, The George Washington University, Washington, D.C. 20052. Dr. Rowe’s Ph.D. was received from Harvard University in the field of chemistry. This statement is somewhat at variance with a report that Dr. Brown tendered in the same case in which he claimed to have done thin-layer chromatography on the piece of blotter paper.

LITERATURE REFERENCES The following papers are abstracted for the information of the CLIC membership. If you obtain references that would be of interest to the membership, please forward a copy to the Editor of the Journal. “Passive Inhalation of Cocaine” R.C. Baselt, D.M. Yoshikawa, and J.Y. Chang, Clinical Chemistry, Volume 37, Number 12, 1991, pp. 2160-2161. A 160 pound subject was placed in a 4 x 4.5 x 8 foot closed room with 200 mg of cocaine base in a Pyrex tube heated in an oil bath to 235–250°C for 30 minutes. Urine samples collected from the individual for the next 24 hours produced low-positive results for the cocaine metabolite ranging in 8–14 µg/ml.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “Designer Drugs” D. Evanko, Postgraduate Medicine, Volume 89, Number 6, 1991, pp. 67-71. “Designer drugs” are derivatives of approved drugs that are created by underground laboratories to circumvent legal restrictions. Use of these substances has complicated diagnosis and management of drug intoxication in the emergency department and the office. Dr. Evanko describes a number of common designer drugs and their effects and discusses identification and treatment of intoxication. “Optically Pure Chiral Sulfoxides Using Ephedrine as a Chiral Auxiliary” S.C. Benson and J.K. Snyder, Tetrahedron Letters, Volume 32, Number 42, 1991, pp. 5885-5888. Optically pure chiral sulfoxides can be formed in good to excellent yields by sequential displacement reactions of organometallic reagents on the 1,2,3-oxathiazolidine-S-oxide formed from ephedrine and thionyl chloride, a modification of the Wudl and Lee procedure. “Hmong Folk Remedies: Limited Acetylation of Opium by Aspirin and Acetaminophen” R.M. Smith and L.A. Nelson, Journal of Forensic Sciences, Volume 36, Number 1, 1991, pp. 280-287. The traditional folk medicine of the Hmong and other Southeast Asian refugees has accompanied them during their immigration to this country over the past two decades. In two recent cases involving Hmong defendants, unknown solids, resembling charcoal in consistency and purported to be “backache remedies,” were analyzed and found to be complex mixtures of aspirin, acetaminophen, caffeine, and partly acetylated opium. In particular, significant amounts of acetylacetaminophen, O3-acetylmorphine, O6-acetylcodeine, O6-acetylmorphine, and heroin were identified by gas chromatography / mass spectrometry. Heating approximately equal weights of solid opium, aspirin, and acetaminophen at 130°C for several hours produced a mixture of compounds showing a similar acetylation pattern. “Enantiomeric Separation of α-Phenylethylamine and its Substituted Isomers by Gas Chromatography” X. Lou, X. Liu, S. Zhang, and L Zhou, Journal of Chromatography, Volume 586, 1991, pp. 139-144. α-Phenylethylamine, o,m,p-methoxy-α-phenylethylamine and o, m, p-methyl- α-phenylethylamines were enantiomerically separated with four different chiral stationary phases (CSPs) [monobenzyl succinate-L-Val-tert-butylamide (CSP-1), undecenoyl-L-Val-S-α-phenylethylamide (CSP-2), undecenoylL-Val-R-α-phenylethylamide (CSP-3), and cross-linked polycyanoethyl vinyl siloxane-L-Val-tert-butylamide (CSP-4)] using capillary gas chromatography. The ortho- effect of the methoxy group on the enantiomeric separation was investigated. The elution order of the enantiomers on CSP-3 is reversed with respect to that on the other CSPs studied. The enantiomeric

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separation of α-phenylethylamine and its methoxy- and methylsubstituted isomers is illustrated. “N-Modified Analogues of Cocaine: Synthesis and Inhibition of Binding to the Cocaine Receptor” P. Abraham, J.B. Pitner, A.H. Lewin, J.W. Beja, M.J. Kuhar, and F.I. Carroll., Journal of Medicinal Chemistry, Volume 35, 1991, pp. 141-144. Cocaine methiodide, N-norcocaine, N-benzyl-N-norcocaine, and N-nor-N-acetylcocaine were synthesized and evaluated for their ability to inhibit binding of [3H]-3b-(4-fluorophenyl)tropane2b-carboxylic acid methyl ester (WIN 35,428) to the cocaine receptor. “For Your Information: Preparation of Lithium Aluminum Hydride Solutions” Dr. Fritz, Janssen Chimica Acta, Special Edition, 1992, pp. 25-26. This paper describes the methods of creating LAH reducing solutions in ether, THF, and numerous other solvents. Tips for reagent storage and use are also provided. “Identification of N-Formylnorcocaine and N-Benzoylnormethylcocaine in Illicit Cocaine” M.J. LeBelle, B. Dawson, G. Lauriault, and C. Savard, Analyst, Volume 116, 1991, pp. 1063-1065. Gas chromatographic determination of the acidic and neutral components of illicit cocaine indicated the presence of one or more common components in different samples. Isolation and examination of the spectroscopic properties of the major impurity indicated it to be N-formylnorcocaine. The material was compared with authentic material synthesized from norcocaine. N-Benzoylnormethylecgonine was also found to be present in illicit cocaine. “Evaluation of Gas Chromatography-Fourier Transform Infrared Spectroscopy-Mass Spectroscopy for Analysis of Phenolic Compounds” D.T. Williams, Q. Tran, P. Fellin, and K.A. Brice, Journal of Chromatography, Volume 549, 1991, pp. 297-311. A gas chromatography (GC)-infrared (IR) spectroscopy / mass spectrometric (MS) system was evaluated for the identification and quantitation of 50 target phenolic compounds. Six columns of varying polarities were tested to achieve optimum chromatographic resolution of the phenolic compounds. The low polarity columns (HP-1, DB-5) gave resolution of 41 of the 50 phenolics; higher polarity columns (DB-17, DB-1701, DB-210, Nukol) were not as effective. Standard solutions containing 50 target compounds with concentrations in the range of 10 to 600 ng/µl were prepared. The solutions were injected into the selected column (HP-1) using cool on-column injection with a retention gap and with the IR detector and mass spectrometer run in the full scan mode. Fully resolved peaks could be easily identified and quantitated by either IR spectroscopy or MS. For

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION co-eluting compounds spectral subtraction (IR) or selected ion (MS) techniques were employed as appropriate to identify the individual phenolics. “Assay of the Optical Isomers of Methamphetamine and Amphetamine in Rat Urine Using High-Performance Liquid Chromatography with Chiral Cellulose-base Columns” T. Nagai and S. Kamiyama, Journal of Chromatography, Volume 525, 1990, pp. 203-209. Methamphetamine and amphetamine, which are strong central nervous system stimulants, exist as isomers (d and l) and a racemate (dl). Several methods have been proposed for the analysis of these optical isomers, in which the diastereoisomers treated with optically active reagent have been measured by gas chromatography (GC) or high-performance liquid chromatography (HPLC). In our previous report we described a method for the determination of the optical purity of methamphetamine using an HPLC column packed with a chiral cellulose-based column. However, these studies did not lead to significant improvements in peak resolution, analysis time and simultaneous analysis of methamphetamine and amphetamine isomers. In order to investigate the possibility of the stereoselective metabolism of methamphetamine and amphetamine, we present here a simple and rapid HPLC method for the simultaneous analysis of methamphetamine and amphetamine isomers in rat urine, using two different chiral cellulose-based columns. “Simultaneous HPLC Analysis of Optical Isomers of Methamphetamine and Its Metabolites, and Stereo-selective Metabolism of Racemic Methamphetamine in Rat Urine” T. Nagai and S. Kamiyama, Journal of Analytical Toxicology, Volume 15, Number 6, 1991, pp. 299-304. Simultaneous identification of optical isomers (d and l) of methamphetamine, amphetamine, para-hydroxymethamphetamine, and para-hydroxyamphetamine in rat urine was attempted by high-performance liquid chromatography. They were determined as the benzoyl derivatives. “Late Intermediates in the Biosynthesis of Cocaine: 4-(1Methyl-2-pyrrolidinyl)-3-oxobutanoate and Methyl Ecgonine” E. Laete, J.A.. Bjorklund, M.M. Couladis, and S.H. Kim, Journal of the American Chemical Society, Volume 113, 1991, pp. 9286-9292. Methyl(RS)-[1,2-13C2,1-14C]-4-(1-methyl-2-pyrrolidinyl)-3-

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oxobutanoate was synthesized from a mixture of sodium [1,2-13C2]- and [1-14C] acetate. This beta-keto ester was administered to intact Erythroxylum coca plants, resulting in the formation of labeled cocaine and methyl ecgonine. The presence of contiguous 13C atoms in these alkaloids at C-2 and C-9 was established by 13C NMR spectroscopy, and the presence of 14C at C-9 was established by a chemical degradation. These results are consistent with our new hypothesis for the biosynthesis of cocaine, which involves the intermediacy of 4-(1-methyl-2pyrrolidinyl)-3-oxobutanoate (rather than 2-(1-methyl-2pyrrolidinyl)-3-oxobutanoate) in the formation of the tropane moiety of cocaine. Support for this biogenetic scheme was also obtained by a biomimetic synthesis of 2-carbomethoxy-3tropinone by the oxidation of methyl 4-(1-methyl-2-pyrrolidinyl)3-oxobutanoate with mercuric acetate. The formation of labeled cocaine and methyl ecgonine in leaf cuttings of Erythroxylum coca was observed after incubation with [9-14C]-2-carbomethoxy3-tropinone. The degree of incorporation of this precursor into cocaine was significantly increased by the concomitant administration of the N-acetylcysteamine thioester of benzoic acid, with a corresponding reduction in the degree of incorporation into methyl ecgonine “Nuclear Magnetic Resonance (NMR) Spectroscopic Investigation of Interaction Energies of Ephedrine Stereoisomers in Noncrystalline Solids and Its Correlation With Thermodynamic Data” W.F. Schmidt and I.L Honigberg, Pharmaceutical Research, Volume 8, Number 9, 1991, pp. 1128-1136. Equations relating the interaction energies of each of the binary mixtures of ephedrine from linear combinations of the energies of the individual isomers are presented. The interaction energies in the noncrystalline solid mixtures measured from NMR chemical shift data using cross-polarization magic angle spinning nuclear magnetic resonance 13C cross-polarization magic angle spinning nuclear magnetic resonance (13CP/MAS NMR) spectroscopy correlate strongly with interaction energy from thermodynamic data. The summation of changes in relative frequencies for structurally equivalent carbons is used as a measure of differences in electron shielding on mixing. The relative direction of polarization of individual stereoisomers is found to affect association in noncrystalline binary mixtures of solids. NMR chemical shift data of solids may be useful in confirming spectroscopically the interactions of stereoisomers observed thermodynamically.

1992 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LABORATORY SEIZURES LARGE SCALE NITROSTYRENE LAB SEIZED IN NORTHERN CALIFORNIA On January 29, 1991 the California Department of Justice, Redding Laboratory was involved in the processing of it’s first clandestine laboratory involving the nitrostyrene synthesis route to produce phenyl-2-propanone. Also occurring at the scene was the ammonium chloride reaction with formaldehyde to produce methylamine hydrochloride, and the reaction of methylamine with phenyl-2-propanone in the presence of aluminum powder to produce methamphetamine. This is the first reported synthesis of phenyl-2-propanone via the nitrostyrene route occurring in the northern California. The scene consisted of 5 separate sites on one property. The laboratory was not in operation at the time of the seizure, although various multicolored liquids existed in each of the sites. The precursor materials found at the site included: nitroethane, benzaldehyde, n-butylamine, and ethanol existed in gallon quantities; ferric chloride, ferrous chloride, and alumina powder existed in pound quantities; mercuric chloride and ammonium chloride existed in residual quantities, and a 55-gallon drum of formaldehyde. Intermediates in the methamphetamine synthesis found at the site included: two pounds of methylamine hydrochloride, and phenyl-2 propanone with a trace contaminant of benzaldehyde in a half gallon of toluene. The site also contained methamphetamine in an aqueous base and an organic solvent. The majority of the chemicals and apparatus were neatly packed in a small mobile home. The trailer was very compactly organized and the glassware was relatively clean. The glassware included 2 – 12 liter triple neck flasks, 15 round bottom flasks up to 5 liter volumes, 13 condensers, 4 separatory funnels, and various glass connectors. All the chemicals necessary to manufacture methamphetamine were present in this trailer. The laboratory was located in a free standing building, which had four rooms. Significant equipment did not exist in the building at the time of the seizure; however, sufficient staining and debris remained to suggest this site as the actual location for the laboratory. One room of this building was lined with shelves which contained heaters and fans. This was consistent with a drying area. The main room of this building contained several, freezers, refrigerators and vacuum pumps. One of the back rooms had a large quantity of staining consistent with a large scale synthesis and the other back room may have been utilized for processing. A second building was a wooden shed attached to a peacock pen. The building contained a large animal disinfecting device as well as a large quantity of empty 5 gallon drums. The only significant chemical located within the building was a 55 gallon drum containing formaldehyde.

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A third, free standing building contained a hydrogen gas cylinder and a high pressure hydrogenator. There was a chest freezer in this building which contained several bottles hand labeled “End” or “End Product” and one labeled “Rerun”. The shed also contained a residual quantity of ammonium chloride in a 5 gallon bucket. This building appeared to be utilized for chemical storage of finished product intermediates and hydrogenation. The fact that the hydrogenation was being performed in a building separate from the main laboratory suggests the operator of the lab had knowledge of the possible chemical hazards. The final building was a storage shed which contained 11 Freon cans and a jar hand labeled “ME”. Seized from the site were several recipe and journal citations that showed not only a sophisticated knowledge of the process, but also confirmed that the subject expended a great quantity of effort and time to acquire this knowledge. Prior to the seizure of this laboratory several methamphetamine samples submitted to our laboratory had a faint ‘almond” or “cherry” odor. Subsequent to this lab seizure there have been no more submissions of “almond” smelling methamphetamine. The degree of knowledge and sophistication, as well as the equipment and chemicals displayed by this individual, far surpasses the abilities and resources of the normal “cookers” in northern California. Greg Popovich CA Dept. Of Justice Laboratory – Redding, CA

ASPIRIN – OPIUM MIXTURES RESULT IN HEROIN The California Department of Justice Laboratory - Redding has had a great increase in opium submissions during the current year. During the analysis of these samples it became readily apparent that the quality of the opium greatly varied. Most of the samples which looked like tar heroin in fact did contain a fairly concentrated quantity of opium. However, the samples which looked like black pumice contained a poor quantity of opium cut with a large amount of aspirin and acetaminophen. The most surprising aspect of the low opium samples was the presence of a small quantity of heroin and monoacetylmorphine. While discussing this matter with Marty Smith of the Wisconsin Department of Justice laboratory in Madison, he informed me of a paper he had authored in the Journal of Forensic Sciences (Volume 36, Number 1, January 1991 pp. 280-287). In the paper Dr. Smith successfully demonstrated the acetylation of opium with aspirin by heating a mixture to 130–170°C for up to 6 hours. Greg Popovich CA Dept. Of Justice Laboratory – Redding, CA

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION MAJOR EPHEDRINE TABLET EXTRACTION LAB FOUND With the increased difficulty in obtaining ephedrine powder for use in methamphetamine syntheses, more clandestine laboratory operators are being found extracting the ephedrine from the familiar tablet preparations. Such a lab was recently found in Placer County, California, near Auburn. This extraction laboratory was found during the process of officers investigating a burglary call at a small industrial complex. The suspect was extracting large quantities of ephedrine HCl containing tablets from “D&E Pharmaceuticals” in New Jersey. These tablets are labeled to contain approximately 25 mg of l-ephedrine HCl per tablet. The suspect crushed the tablets and placed them in a 55 gallon plastic barrel with methanol. The solution was mixed using an electric trolling (boat) motor. A small hole was pierced in the bottom of the barrel and the methanol dripped into a 5 gallon plastic bucket.

and a large quantity of tablet excipients. Some methamphetamine was recovered at the site, including a small quantity in the form of “ICE.” Gary West CA Dept. Of Justice Bureau of Narcotics Enforcement – Sacramento, CA

REDUCTION OF PHENYLPROPANOLAMINE TO AMPHETAMINE IN CENTRAL CALIFORNIA A recent central California clandestine drug laboratory investigation revealed what appears to be an attempt to reduce approximately 5 pounds of phenylpropanolamine to amphetamine using a catalytic hydrogenation procedure. Phenylpropanolamine hydrochloride, palladium on carbon, glacial acetic acid and concentrated sulfuric acid were seized. An attempt to order a commercial low pressure hydrogenator had been made. The levorotatory phenylpropanolamine was found in 20-100 gram factory sealed bottles of Kodak brand Norephedrine Hydrochloride. No actual reaction mixture or reaction vessels, equipment, or residues were discovered at the site of the investigation. Excerpts from Sympathomimetic Drugs regarding phenylpropanolamine and other phenylalkylamines were present. Synthetic “texts” that were found included Uncle Fester’s Second Edition (Loompanics, 1991) and Psychedelic Chemistry by Dr. Buzz. The manufacture of amphetamine in central California is unusual, although not unheard of. Routine submissions of street level amphetamine is minor as compared to methamphetamine. Local toxicological analyses indicate a “significant” increase in the amount of physiological samples found to contain amphetamine. 1. 2.

The suspect used a “Recyclene R-2A” (above) solvent recovery system (SIVA International, 405 Eccles Ave., So. San Francisco, CA 94080) to distil and recover the methanol. The suspect would place a 33 gallon plastic garbage bag inside the solvent recovery system, pour the ephedrine containing methanol into it, and gently distill off the methanol. When the methanol was distilled off, he would removed the plastic bag which now contained pure ephedrine powder. It appeared the suspect was reusing the recycled methanol for further extractions. At the site was recovered approximately 30 pounds of ephedrine powder

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Rosenmund, Karl W., et. al., Chem. Ber., 75B, 1942, pp. 1850-1859 (German). Organic Reactions, 7, 1953, p. 268. Jerry Massetti CA Dept. Of Justice Laboratory – Fresno, CA

FRAUDULENT LSD SAMPLE RECOVERED: SAFETY WARNING A sample suspected to contain liquid lysergic acid diethylamide (LSD) was recently obtained in the Desert Hot Springs area of California from individuals described as “biker types.” The sample was professionally packaged and contained two small, clear glass ampoules approximately 1 inch in length and 0.25 inches in diameter. Each ampoule contained approximately 0.25–0.50 ml of clear liquid. The ampoule were held in a plastic holder packaged inside a heavy plastic/vinyl packet, folded over

1992 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 2 NUMBER 2 — APRIL 1992

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION at the top and secured with a plastic clip. The package was purchased for $400. The package was labeled “LSD” and contained the warning “Caution: Contains Strong Acid.” One of the two ampoule was examined and was found to contain a strong mineral acid; however, no LSD was identified. Upon further investigation it was found the packet was in fact a Becton–Dickinson presumptive field test packet for LSD (test kit #D). This packet usually contains three clear glass ampoule holding two clear liquids and one slightly yellow liquid held in a small plastic holder inside the packet. The test kit is likely the common p-dimethylaminobenzaldehyde (p-DAB) color test reagents, or a modification of the test. Near the letters “LSD” on the packet is a small 0.25 inch purple colored square indicating the appropriate color reaction for a positive presumptive field test. Because of the slick, professional packaging of the packets, it would be easy for the material to be represented as “commercially” produced ISD with a high purity. Drug analysts are cautioned to exercise caution when examining this material because of the strong mineral acid in one of the ampoule. Alexander T. Shulgin, Ph.D. Alexander Shulgin Research Institute – Lafayette, CA

BENZENE HAZARDS AT CLANDESTINE LAB SITES There has been increased concern regarding the seizure of benzene found at clandestine methamphetamine lab sites in California. Benzene is classified as a solvent and is a colorless liquid with a sweet, aromatic odor. Low levels of benzene are present in the air we breath everyday. Recent studies have shown benzene exists in high levels (11%) in the atmosphere around a gasoline pump, at lower levels in the air in congested cities, and at even lower levels in some rural areas. Daily exposure to low levels of benzene is a fact of life for many people living in large cities or employed on farms. California and Federal OSHA laws prohibit the use of air purifying respirators (APRs) when there are “unknown” chemicals present at the scene. A self-contained breathing apparatus (SCBA) must be used when unknown chemicals are present at a lab site and exposed to the environment (without lids or while sampled). Benzene is a regulated carcinogen. California and Federal OSHA laws prohibit the use of APRs when a worker may be exposed to any regulated carcinogen. When exposure to benzene above the permissible exposure level is anticipated, the workers must wear a SCBA. The permissible exposure limit is 1 part per million (1 ppm) for 15 minutes. The odor of benzene can be detected in the air at a threshold of 5 ppm. When at a clandestine laboratory site, be aware that benzene

VOLUME 2 NUMBER 2 — APRIL 1992

may be present and be prepared to wear a SCBA while working around the containers, sampling the benzene, or if unknown substances are present. Better to be safe now, than sorry later. The California Clandestine Laboratory Newsletter Volume 3, Number 3, March 1992 CA Bureau of Narcotics – Sacramento, CA

UNUSUAL P2P LAB SEIZED IN PHOENIX AZ In February 1992, the Arizona Department of Public Safety and the Phoenix Police Department seized a suspected clandestine drug lab. The odors of the laboratory were consistent with phenylacetic acid and phenyl-2-propanone processes. However, a chemical inventory revealed no phenylacetic acid or P2P, but a substantial quantity of mandelic acid (α-hydroxy-phenylacetic acid) was seized. A review of the suspect’s notes and subsequent laboratory analysis indicate the suspect was: 1) converting mandelic acid into phenylacetic acid; 2) converting phenylacetic acid into P2P via lead (II) acetate distillation; and 3) reacting P2P with methylamine to produce methamphetamine. DPS personnel are currently researching applications for mandelic acid in clandestine drug manufacture, and will be submitting their findings to the CLIC Journal in the near future. Donn Christian Roger Schneider AZ Dept. of Public Safety Laboratory – Phoenix, AZ

DRUG LAB COOK FOUND DEAD IN WASHINGTON STATE An illicit drug lab was encountered in the Okanogan area of Washington during a death investigation. The “cook’s” body was found in a van on the premises. Glassware and drug synthesis literature were found at a storage facility rented by the deceased in a nearby town. Chemicals and laboratory glassware were also found in a cabin and storage caches at the death scene. Since the cabin was located on Mt. Hull with a view of the valley below, the “cook” had equipped the place with a gas powered generator, a large commercial size propane tank and a water pumping and storage system. The deceased had a BA in Chemistry and from the chemicals, glassware and documentation, it appeared he was involved with the manufacturing of methamphetamine, MDA, LSD, and other controlled substances and precursors. A few of the chemicals found included ephedrine, vanillin, piperonal, nitroethane, ergotamine, lysergic acid, indole, oxalyl chloride, citral, and 5-methyl resorcinol. Over three hundreds kinds of chemicals were found and inventoried. A partial list of the hazardous ones include ether; yellow phosphorus; lithium, potassium, and sodium metals; iodine and bromine; a com-

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION pressed gas cylinder of ammonia; and phosphorus trichloride, tribromide, and oxychloride. The “cook’s” death did not appear to be related to the clandestine laboratory. Ray Kusumi WSP Crime Laboratory – Seattle, WA

POLY-DRUG LABORATORY SEIZED IN AUSTIN, TEXAS On 2 January 1992, the Austin Police Department Narcotics Section requested the Austin Police Crime Laboratory’s assistance at an apartment complex as part of APD’s Clandestine Laboratory Response Team. Found inside were several containers with a varied assortment of liquids and solids. The following chemicals were found in commercially labeled containers: isatoic anhydride o-toluidine toluene acetic anhydride 3,4-dihydroxybenzaldehyde nitroethane lithium aluminum hydride potassium hydroxide tetrahydrofuran formamide acetone benzene benzaldehyde Raney nickel aluminum metal dimethyl sulfate ammonium acetate iron powder palladium on charcoal ethyl acetate ferric chloride 2,4-pentanedione sodium borohydride tartaric acid We also found several liquids and solids in unmarked containers. We could not conclude what the suspect had been making until these could be analyzed. Even then, we were not sure of any other compounds he may have been planning to produce. We identified certain of these chemicals as: isosafrole 3,4-methylenedioxyphenyl-2-propanone N-(o-tolyl) anthanilamide methaqualone We found neither finished MDA nor MDA analogs, but the suspect did succeed in the MDP-2-P synthesis. We found one beaker that contained methaqualone, and one flask containing N-(o-tolyl) anthanilamide and o-toluidine. APD Laboratory personnel have never seen such a variety of chemicals in one location, nor have we ever seen more than one drug manufactured in one clandestine laboratory. Glenn C. Harbison APD Crime Laboratory – Austin, TX

METHAMPHETAMINE, MDMA LAB DISCOVERED NEAR COLORADO – WYOMING BORDER A recent seizure of clandestine laboratory revealed the presence of all the key precursor chemicals to manufacture methamphetamine via phenylacetic acid, acetic anhydride, and phenyl2-propanone process. In addition to the chemicals and final product, a quantity of safrole was also recovered at the scene. Although no final product was recovered to confirm the ultimate use for the safrole, it is believed that it was being used along with the methylamine to produce 3,4-methylenedioxymethamphetamine (MDMA). Although it may also be possible to produce MDA by substituting ammonia for the methylamine, the fact that several other case submissions from nearby agencies involving MDMA leads one to suspect that this lab was most likely the source of the material. The laboratory was seized near the Colorado – Wyoming border, and other product may have found its way to Wyoming and elsewhere. Tom Netwal CO. Bureau of Investigation Laboratory – Lakewood, CO

METHCATHINONE SAMPLES SEIZED IN WISCONSIN In April of 1992, the State Crime Laboratory in Wausau received a submission from the Eagle River Police Department consisting of a coke vial containing white powder residue suspected to be cocaine. Analysis on this material, using GC/MS, revealed the presence of methcathinone (also known as ephedrone) and ephedrine. This presence of ephedrine indicated the oxidation of ephedrine to ephedrone as the method of synthesis. Methcathinone is an analog of methamphetamine and is sold as a “legal” stimulant under the street name of “cat” or “jeff.” Until this submission, the presence of this “designer drug” has been limited to Michigan where, according to the DEA, 5 clandestine laboratories producing this material have been found in the Upper Peninsula. Due to the abuse potential of this drug, the DEA plans to use its emergency authority to place it into Schedule I of the Controlled Substances Act. Kim Vonnahme State Crime Laboratory – Wausau, WI

EXTRACTION OF METHAMPHETAMINE FROM PH PAPERS USEFUL It is not uncommon for the forensic chemist to work with debris and garbage left behind at former clandestine laboratory sites. One type of evidence that has been particularly useful for showing the manufacturing process are pH papers. This evi-

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1992 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 2 NUMBER 2 — APRIL 1992

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION dence has come in handy on several occasions when the lab has been moved or a search warrant is served on the residence of someone associated with a clandestine lab, but the actual lab site is unknown. In a recent case, I received the following exhibits: 1. 2. 3. 4.

white crystalline substance found to be Epsom salt white powder residue containing methamphetamine light yellow liquid found to be isopropyl alcohol containing sodium acetate (if anyone has any idea why this was done, please let me know) six used pH papers

Two of the pH papers were used to run a UV and GC, mainly looking for phenyl-2-propanone. These paper were then placed in 1 ml of 0.5N NaOH, extracted with approximately 0.5 ml of hexane, washed twice with water, and the hexane dried down on a Toxidisc. (For those of you who don’t know about ToxiLab, it is a commercial chromatography kit primarily set up for testing urine samples for drugs. However, it works great on pharmaceuticals and highly cut powders as a screening test.) The sample was run in the ToxiLab A system and showed the presence of methamphetamine. To confirm the presence of methamphetamine, the 0.1N HCl solution used for the UV and the KBr pellet used for FTIR was combined and extracted using the NaOH/hexane method. The hexane was dried onto a Toxidisc, the disk placed in a GC/MS sample vial with 2 drops of methanol, and examined by GC/MS. Drying an extract down on a Toxidisc is nice because it is easy to see, store and/or mail.

Phenyl-2-propanone labs seem to be on their way back. Since January 1991, three large P2P labs have been seized utilizing three different methods. A nitrostyrene P2P lab was seized in the Redding area and had been in operation for over a year. Two P2P labs have been seized in as many months in Humbolt County. One was using phenylacetic acid, acetic anhydride, and sodium acetate; but also had sodium metal and benzyl cyanide. The other was using the lead acetate and phenylacetic acid route. This particular lab was quite large and had been in operation for quite awhile. This lab had direct connections with the southern Oregon illicit methamphetamine trade. There were over 40 gallons of methylamine on hand at this illicit operation. This office recently received intelligence information that an individual in the Humbolt County area has recently purchased a 55 gallon drum of acetic anhydride from Chemicals for Research, an Oakland based company. There are presently three Senate Bills moving through the California State Legislature that should have an impact on the clandestine lab situation in California. These bills will do the following: 1.

2. Kathy Wilcox OSP Forensic Laboratory – Coos Bay, OR

PHENYL-2-PROPANONE LABS ON A COMEBACK IN NORTHERN CALIFORNIA; NEW LAWS BEING FORMULATED The predominate method utilized to manufacture methamphetamine in northern California remains the reduction of ephedrine by way of hydriodic acid and red phosphorus. Ephedrine however, is increasingly more difficult to obtain by illicit chemists, evidenced by the influx of mail order shipments of ephedrine tablets (25 mg) from the east coast. The company most widely used for this purpose is Nationwide Purveyors, Inc., in Pittsburgh, PA. The ephedrine tablets are most often being processed (binder removed) in motel rooms using water and toluol as a solvent. This motel phenomenon to remove the binder from ephedrine tablets has become extremely common. Although hydriodic acid has been getting harder to obtain, iodine crystals have become a commonly seized item where the chemist is making their own HI.

VOLUME 2 NUMBER 2 — APRIL 1992

3.

4.

5.

6.

Will provide that any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any laboratory glassware or apparatus or any chemical reagent or solvent where the value exceeds $100, or any specified chemical substance, with knowledge or reasonable cause to believe that the recipient will use the goods or chemicals to unlawfully manufacture a controlled substance, is guilty of a misdemeanor. Require any person who receives or distributes specified substances, laboratory glassware or apparatus, or any chemical reagent or solvent where the value of the goods exceeds $100, or any specified chemical substance, with the intent of causing evasion of these record keeping or reporting requirements, is guilty of a misdemeanor. Provide that any person who knowingly or intentionally possesses specified substances with the intent to manufacture a controlled substance, is guilty or a felony or a misdemeanor, or who knowingly or intentionally possesses laboratory glassware or apparatus or any chemical reagent or solvent, where the value exceeds $100, or any specified chemical substance, with the intent to manufacture a controlled substance, is guilty of a misdemeanor. Require proper identification information when an individual purchases certain items with a money order, and would require that the bill of sale identify specific items and quantities purchased. Clarify certain requirements with regard to the permitting and regulating of chemical companies and other persons involved in the distribution of chemicals in the California Health and Safety Code. Add hydriodic acid to the chemical control list.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 7. 8.

9.

Would also provide that preparations containing ephedrine as the only active medicinal ingredient are not exempt from the permitting / reporting requirements. Would require that the motor vehicle license number of the motor vehicle used by the purchaser at the time of purchase, rather than any motor vehicle owned or operated by the purchaser, be included in the proper identification from the purchaser. Would replace the word “receives” in these provisions pertaining to the obtaining of chemicals from out-of-state sources.

These amendments to the already existing chemical control laws in California will be important in closing the gap on some of the methods used by illicit lab operators. There bills will not become law until January 1993, and may be amended prior to that time. Dan Largent Special Agent Supervisor CA Bureau of Narcotic Enforcement – Redding, CA

CAUTION URGED IN SAMPLING RED PHOSPHORUS, ARSON ANALYSIS ON COCAINE SAMPLES A criminalist with the Oregon State Police Forensic Laboratory narrowly escaped serious injury while sampling a container of red phosphorus found at a clandestine laboratory site. While the criminalist was sampling the red phosphorus with a

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metal spatula and a glass vial, the phosphorus ignited in the vial. Burning phosphorus spattered onto the criminalist’s taped-on glove. He dropped the vial on the ground and retreated, removing his glove and flooding his hand with water. Meanwhile, the bulk of the phosphorus sample (approximately 5 pounds) caught fire. Efforts to extinguish this fire were unsuccessful, so soil was shoveled over it to minimize it rate of burn. Fortunately, no one was seriously injured in the incident. Lead acetate – phenylacetic acid conversion to P2P continues to be among the common clandestine laboratory methods we see, as well as the ephedrine – HI labs. Samples from a recent cocaine bust features large slabs of repressed cocaine hydrochloride which smelled strongly of hydrocarbons reminiscent of petroleum distillates. It seems a Colombian was importing cocaine directly to Portland, grinding up the kilos, adding a cutting agent, slurrying it in paint thinner (or some such solvent), and pressing the slurry into a makeshift arrangement of two plastic coolers, the lower which had been drilled through it bottom to create an oversized Büchner funnel. It was the only occasion in recent memory when a chunk of cocaine was subjected to “arson” analysis (in a paint can with a charcoal patch) in this laboratory. While this avenue of investigation was not followed in this case, it demonstrated the possibility of associating drug samples with clandestine labs by analysis of contaminating solvents. Linton Von Beroldingen OSP Forensic Laboratory – Portland, OR

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 2 NUMBER 1 — JANUARY 1992

IN THIS ISSUE Features 2nd Annual Technical Training Seminar Set in Fort Worth ......................... 2 Interested and Qualified Candidates Sought ................................................. 2 CLIC Roundtable Session at American Academy Meeting .......................... 3 The Circle, Inc. to Develop Model Clandestine Drug Laboratory Enforcement Program........................................................ 3 Court Orders Sheriff To Quit Making Crack ................................................ 4 The Drug Lab Was A Phantom But The Sentence Was Real: DEA Cooks Speed Manufacturer’s Goose .................................................... 4 New Federal Sentencing Guidelines In Effect .............................................. 5 Clandestine Laboratory Seizures ................................................................... 7 Literature References .................................................................................. 10 Original Papers Chinese Ephedrine ....................................................................................... 11 Daniel R. Largent Separation and Identification of Drug Enantiomers via N-TFA-(S)-Prolyl Chloride Derivatization .......................................... 13 Tim McKibben A Discussion of “Cocaine Base” and “Cocaine” - The Case Law Concerning the Sufficiency of the Definition of Cocaine Base, The Correct Definition of Cocaine Base, and Which “Mixtures” Should Be Treated As Cocaine Base for Purposes of Sentencing .............. 21 Richard J. McMahon

The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions from the membership concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references where necessary. Research papers or material over one page in length is requested to be submitted on IBM computer disk (contact the Editor for more information). One of the primary goals of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a speedy manner. For more information concerning the Journal, contact the Editor.

Association Officers President: J. Thomas Abercrombie CA DOJ Crime Lab 1500 Castellano Rd. Riverside, CA 92509 (714) 782-4170 Vice-President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Ken Fujii Contra Costa Sheriff's Crime Lab 1122 Escobar Street Martinez, CA 94553 (415) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Executive Board Members: Terry A. DalCason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640 Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Richard Bingle Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

2ND ANNUAL TECHNICAL TRAINING SEMINAR SET IN FORT WORTH The 2nd Annual Technical Training Seminar sponsored by the Clandestine Laboratory Investigating Chemists Association has been scheduled for September 9–12, 1992 at the Stockyards Hotel in Fort Worth, Texas. The Stockyards Hotel in an unusual restored turn-of-thecentury hotel located in the historic stockyards area of Fort Worth. The hotel has only 52 units and is being reserved totally for the CLIC meeting participants. It is recommended that anyone attending the meeting get early reservations to insure a room at the hotel. Room rates are $65 per night single or double occupancy. For reservations, call (817) 625-6427 and indicate you are with the CLIC group. Many of the suggestions made in the survey of the San Diego meeting are being implemented at this meeting: 1. 2. 3.

4. 5. 6.

Papers will be scheduled to allow more discussion and questions. Thursday evening is being left open for the attendees to explore the surrounding area. Paper presenters will be required to provide a copy of their handouts a month in advance so that the material may be placed into a binder which will be given to each attendee at the start of the meeting. More posters for the poster session will be solicited. Vendor sales pitches thinly disguised as technical papers will not be allowed except during the poster session. The popular and highly successful “Bring Your Own Slides” session will be held again on Wednesday night.

The preliminary seminar schedule includes two workshops on Wednesday. The first is a legal update of the current Federal law and decisions relating to clandestine laboratory prosecutions and the status of the new Sentencing Guidelines, and a presentation on Texas laws as they apply to clandestine laboratories. The second workshop will feature 3 or 4 forensic chemists discussing their approach to sampling, analyzing and testifying on clandestine laboratory cases. Wednesday evening will feature the informal “Bring Your Own Slide” session. Participants will be allowed 10–15 minutes for their presentation and should use the best 10–15 slides to illustrate their presentation. Thursday morning will feature technical papers; Thursday afternoon will feature the poster session and time to mix and mingle with the vendors. Friday morning’s program will resume with more technical papers, with the afternoon reserved for the Association’s business meeting. Finally, Saturday morning will feature the final technical paper session, with the conference ending about noon. A flat fee of $125 is being charged for the four day program which includes all workshops, technical sessions and a dinner on

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Friday evening. No fee schedules are being offered for limited attendance. CLIC has reserved American Airlines as the official airline of the meeting. American Airlines is offering 40% off the normal fare with a 7 day advance purchase for travel within the US; and 35% off the normal fare with a 7 day advance purchase for travel from Canada. To make reservations, please call American Airlines at 1-800-433-1790 and refer to Star File Number 50192811 as the reference fare basis. The effective travel dates are from September 6 through September 14 and are for travel terminating at the Dallas/Fort Worth airport. The meeting host is Forensic Consultant Services, PO Box 11668, Fort Worth, Texas, 76100. For information regarding the meeting, contact Max Courtney at (817) 870-1710. For information regarding technical paper presentations, contact Roger Ely, DEA Western Laboratory, (415) 744-7051.

INTERESTED AND QUALIFIED CANDIDATES SOUGHT The 2nd Annual CLIC Technical Training Seminar will mark the first election and change of leadership in the Association since its incorporation. The Membership Committee is seeking individuals interested in committing their time and efforts to further the goals of the Association by serving in one of the several elected Board of Directors positions. The Constitution of the Association provides for two Members-At-Large and a Past-President position on the Board. Obviously, when the Association first formed, there was no past president so a third Member-At-Large position was created. This coming meeting, the Board position currently held by Rich Bingle, LAPD Crime Laboratory, will be converted to the PastPresident’s position. Steven Johnson, the current Vice-President, will automatically be elevated to the office of President and the Member-At-Large position held by Jerry Massetti will be open for election. Thus, the following Association offices will be up for election during the Fort Worth meeting Vice-President Membership Secretary Member-At-Large (1) If you are interested in getting involved with the operation and planning of the activities of the Association and you are a regular member or you feel the Association would benefit from the service of one of our members, please contact Ken Fujii, Membership Secretary, with your nomination as soon as possible. Ken’s phone number is (510) 646-2455. The recommendations of the Membership Committee will be published in the July issue of the Journal, along with any other

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION nominations. If there is more than one candidate for an office, each candidate will be allowed to publish a brief campaign message to state their position. Nominations from the floor will also be open during the business meeting in September. On a longer range note, if you are interested in rising to the office of President, please realize this will require an approximate six-year commitment to the Association as you occupy the offices of Vice-President, President, and Past-President.

CLIC ROUNDTABLE SESSION AT AMERICAN ACADEMY MEETING The Clandestine Laboratory Investigating Chemists Association in pleased to announce an informal evening roundtable discussion and “Bring Your Own Slides” session during the 44th Annual meeting of the American Academy of Forensic Sciences in New Orleans. The meeting, sponsored by the Criminalistics Section of the Academy, will start at 7:00 PM on February 17th at the Hyatt Regency Hotel – site of the AAFS meeting. The session will be an informal gathering open to discussions of problems, solutions, and the sharing of information of interest to the forensic chemist working illicit drug samples. Anyone wanting to make a presentation should contact Roger A. Ely, DEA Western Laboratory - San Francisco, at (415) 744-7051 to insure space will be available for your presentation. Presenters are requested to provide handouts, if possible, and to keep the number of slides in the presentation down to the best 10 – 15 in the series. See you in New Orleans!

VOLUME 2 NUMBER 1 — JANUARY 1992

THE CIRCLE, INC., TO DEVELOP MODEL CLANDESTINE DRUG LABORATORY ENFORCEMENT PROGRAM McLean, VA, October 24, 1991 – The Circle, Inc., has been awarded a grant from the Bureau of Justice Assistance (BJA) to develop a model clandestine laboratory investigation and prosecution program as well as a training and technical assistance package for use by states that wish to implement new clandestine laboratory enforcement programs or revise existing ones. The project, “Clandestine Laboratory Model Enforcement Program: Technical Assistance and Model Development (CLMEP),” is designed to assist state and local policymakers and practitioners who are involved in clandestine drug laboratory programs. The CLMEP, a component of a comprehensive US Department of Justice / BJA clandestine drug laboratory enforcement strategy, will: ✔ Develop a prototype approach for the investigation and prosecution of clandestine drug laboratories; ✔ Develop training and technical assistance materials and strategies for national distribution; ✔ Disseminate effective approaches to clandestine drug laboratory enforcement to requesting agencies; ✔ Provide technical assistance to existing DOJ / BJA clandestine drug laboratory enforcement demonstrations sites; and ✔ Develop a directory of trainers who can assist states in developing and implementing clandestine drug laboratory enforcement programs. In addition to the CLMEP program, The Circle, Inc., is currently working with BJA and the US Drug Enforcement Administration (DEA) to evaluate the BJA/DEA Clandestine Laboratory Cleanup Program. The Circle, Inc., is headquartered in McLean, Virginia with offices in Sacramento, California. For over a decade, the firm has specialized in research and evaluation, training, technical assistance, publications, conference logistics and management, and informational services addressing a broad range of health care and social service issues. The Circle, Inc., has recently expanded its focus to the criminal justice field and currently provides research, technical assistance, and publications development for DEA, the State Justice Institute, the National Institute on Drug Abuse, and the National Center on Child Abuse and Neglect, in addition to BJA.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

COURT ORDERS SHERIFF TO QUIT MAKING CRACK

THE DRUG LAB WAS A PHANTOM BUT THE SENTENCE WAS REAL: DEA COOKS SPEED MANUFACTURER’S GOOSE

San Francisco Chronicle January 5, 1992 A sheriff who said he made crack to guarantee a supply for undercover operations has been told to stop by an appeals court. Broward County Sheriff Nick Navarro said he would comply because his anti-crime strategy, started in 1989, has been successful. “You can now drive in this county where drugs were once sold out in the open,” he said. “We have driven the dealers out.” Six months ago, the 4th District Court of Appeals upheld Navarro’s drug making, but agreed to reconsider at the request of the public defender’s office. “The Sheriff of Broward County acted illegally in manufacturing crack,” Judge Mark Polen wrote for the majority. “The police agencies themselves cannot do an illegal act, albeit their intended goal is legal and desirable.” Friday’s 2-1 decision overturned the 1990 conviction of Kevin Kelly Jr., a Fort Lauderdale man sentenced to a three-year prison term for purchasing cocaine within 1,000 feet of a school. The appeals decision could endanger about 200 convictions for buying the sheriff’s crack, said Cherry Grant, an assistant Palm Beach County public defender who represented Kelly in the appeal. The appeals court was particularly disturbed by the disappearance of some of the sheriff’s crack rocks — the hard, pebblelike pieces of highly purified cocaine prepared for smoking. “Some of the crack, which is made in batches of 1,200 or more rocks, escapes into the community where the reverse stings are conducted. The police simply can’t account for all of the rocks,” Polen wrote.

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Scientific Sleuthing Review Volume 15, Number 3, Page 2 Julia Child’s kitchen this wasn’t. Chef Francis Clayton Palmer will have more than 200 months to ponder new recipes in a Federal penitentiary for convictions for conspiracy to manufacture and the distribution of methamphetamine. DEA agents “stung” Palmer. They provided him and his two conspirators with ephedrine and hydriodic acid, two precursor chemicals in the manufacture of speed, and promised Palmer a lab and equipment to help him execute his drug production design. Palmer agreed to provide a recipe, which was found upon him on his arrest, and two cooks to finish the kitchen’s accompaniment. Palmer understood that he would be able to produce sixteen pounds of speed. Palmer’s guilt of conspiracy was a fait accompli, according to the Federal trial court in Idaho. It was only the appropriate sentence under the Federal Sentencing Guidelines that was in contention. The court started with the Federal statutory rule that a convicted conspirator is to be treated as if the conspiracy had been completed. The main question was then what quantity of speed could be charged to Palmer’s conspiracy, the higher the quantity, the higher the sentence. The government supported it high quantity position with the sentencing testimony of a DEA chemist that the twenty pounds of ephedrine supplied to Palmer by the DEA’s “sting” operation could result in sixteen pounds of methamphetamine. The chemist used a 80% ratio “between the ephedrine supplied and the end product’ to arrive at her conclusion. The Federal District Court was troubled by its being required to speculate as to the amount of drug to be produced in a nonexistent lab, which DEA had no “intent of letting the defendants setup.” On this bothersome matter, this case was a first for the Federal courts. The court adopted the DEA chemist’s conclusion but not the chemist’s rationale as the groundwork for its decision that the quantity in question should be held to be from ten to sixteen pounds of speed. Since Palmer planned, schemed and contracted with the sting agent for that amount, he would be sentenced as if he had been successful – to a term of 262 months. For this Idaho defendant, that was no small potatoes. United States v. Palmer, 761 F. Supp. 697 (D. Idaho 1991).

1992 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 2 NUMBER 1 — JANUARY 1992

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

NEW FEDERAL SENTENCING GUIDELINES IN EFFECT

The United States Sentencing Commission’s amended Guidelines became effective on November 1, 1991. The Commission’s Guidelines recommend lengths of incarceration for convicted Federal defendants based on the degree of the crime and the criminal history of the individual. Specifically, several changes were made in an attempt to clarify previously murky sections as they related to methamphetamine and phencyclidine (PCP) purity; and the sentencing levels of clandestine drug chemists who may not have produced a substantial quantity of recovered finished product, but possessed a substantial amount of precursor material capable of being converted to final product. There has also been added specific sentencing requirements for an individual convicted of possessing “ICE.” All of these changes will effect the depth and type of analyses the forensic chemist will have to perform during the routine examination of methamphetamine, PCP, and clandestine methamphetamine, amphetamine, phenylacetone, PCP, LSD, MDA, MDMA, and methaqualone laboratories. A summary of these changes is presented below. It is strongly recommended that a copy of the new Guidelines be obtained as a reference source for your forensic laboratory. Copies may be purchased at any US Government Printing Office, or ordered from: US Government Printing Office Superintendent of Documents Mail Stop: SSOP Washington, DC 20402-9328 Ask for ISBN 0-16-035884-1 and 0-16-035894-9.

ACTUAL VERSUS PURE Prior to the enactment of the Guideline amendments, the Guidelines provided higher penalties for “pure” methamphetamine or PCP. Unfortunately, what exactly constituted “pure” methamphetamine or PCP was not clearly defined in the previous Guidelines. Was the material to have a quantitated purity of 100%; greater than 95%; pure as defined in the US Pharmacopoeia; or be free of detectable adulterants and cuts? This point caused considerable consternation with the Federal courts in Hawaii over the sentencing of defendants trafficking in “ICE,” the highly pure form of smokeable methamphetamine. Several defense attorneys argued unsuccessfully that the “ICE” was not pure because the quantitative analysis set the purity between 95-99%, or that the additional weight of the hydrogen chloride to the molecule should not be considered in calculating the total weight of the methamphetamine as it was an adulterant. Such

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issues were usually raised when the total weight of the methamphetamine was near the 100 gram cutoff (100 g of pure methamphetamine or 1000 g containing a detectable amount), resulting in a mandatory 10 year prison sentence. On the other hand, prosecutors were making questionable use of the purity in cases where the purity of methamphetamine was less than 90% and the total weight of material (adulterant and drug) was less than 1000 g. If a defendant possessed 400 g of material containing 30% methamphetamine, on the face it would seem the cutoff described above was missed. However, some prosecutors chose to sentence based on the 400 g of powder containing 120 g of “pure” methamphetamine, thus invoking the mandatory sentencing level of 10 years. With the new amendments, however, this issue seems to be put to rest. The amended guidelines have removed the term “pure” and replaced it with “actual.” Thus, the above acrobatics with terms and theories on both sides of the bench are hopefully settled. The guidelines provide the following definition of the term “actual” as it applies to determining sentencing levels: Unless otherwise specified, the weight of a controlled substance set forth in the table refers to the entire weight of any mixture or substance containing a detectable amount of the controlled substance. If a mixture or substance contains more than one controlled substance, the weight of the entire mixture or substance is assigned to the controlled substance that results in the greater offense level. The terms “PCP (actual)” and “Methamphetamine (actual)” refer to the weight of the controlled substance, itself, contained in the mixture or substance. For example, a mixture weighing 10 grams containing PCP at 50% purity contains 5 grams of PCP (actual). In the case of a mixture or substance containing PCP or methamphetamine, use the offense level determined by the entire weight of the mixture or substance, or the offense level determined by the weight of the PCP (actual) or methamphetamine (actual), whichever is greater. An addition to the Guidelines is the specific inclusion of the street slang term “ICE.” During the writing of the amendments, the Commission expressed an interest in setting a higher penalty for offenses dealing with “ICE.” They were frustrated, though, that at this time there is not a reliable scientific definition for this highly pure form of d-methamphetamine HCl. One suggestion was to use crystal size, but that is difficult because of the range of crystal sizes previously seen. However, the Commission went ahead and included “ICE” specifically and provided the following definition of what “ICE” is: “Ice,” for the purposes of this guideline, means a mixture or substance containing d-methamphetamine hydrochloride of at least 80% purity.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Notice nothing is mentioned about crystal form or intent of the user to smoke, inject or otherwise ingest the material. Thus, it would seem an individual manufacturing methamphetamine using an ephedrine process and possessing d-methamphetamine HCl would be sentenced under the “ICE” guidelines. It is too soon to fully assess how this section might be used or misused in the sentencing of a defendant. Impact on Analyses. The above amendments to the Sentencing guidelines will have the following effect on the routine examination of POP and methamphetamine samples if the matter is expected to fall under Federal jurisdiction: 1.

2.

3.

When seizing a laboratory, it will be necessary to accurately determine the weight of sampled waste solutions and powders in case they contain a detectable amount of PCP or methamphetamine. Solids will have to be weighed in the field on a scale; liquid volumes can be estimated and the density of the liquid determined at the time of analysis. Because of the use of “actual” PCP or methamphetamine present in a substance or mixture, it will be necessary to perform a quantitative analysis on the material to determine purity. Few laboratories, other than the DEA laboratories, routinely assay the purity of drug samples. Thus, time must be expended to develop analytical procedures to quantitate both drugs and extra time must be allowed for the analyst to perform these time consuming analyses. This type of analysis lends itself to autosampler analysis. With the entry of the “ICE” section in the guidelines, it will be necessary to not only determine the purity of the substance or mixture, but also the optical isomer of the methamphetamine. A simple crystal test using gold chloride in syrupy phosphoric acid under 100x magnification using polarized light microscopy (PLM) is sufficient to identify racemic and single isomer methamphetamine. However, unless you run a mixed crystal test with known l-methamphetamine, it will not show which single isomer you have. Some possible methods of isomer determination include mixed melting points (PLM), polarimetry, or chiral derivation of the enantiomers with subsequent identification by LC, GC or GC/MS. This section could cause additional headaches if the quantitative analysis indicates a purity near 80% – the question might arise regarding the analysis, your confidence limits, reproducibility, precision, accuracy, freshness of standard and other sample handling issues. Oddly enough, the penalties are not substantially increased for “ICE” over methamphetamine (actual).

PRECURSOR CHEMICALS IN DRUG LABS In the past, it was not uncommon to encounter a laboratory where an individual possessed precursors with the intent to manufacture, or had manufactured but didn’t have substantial amount of finished product on hand to describe an appropriate sentencing level. This resulted in the testimony of a forensic

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chemist at the sentencing hearing to estimate what the possible production capabilities were given such factors as empty precursor containers, actual quantities of precursors, receipts, glassware, notes, or other investigative information (see The Drug Lab Was A Phantom But The Sentence Was Real: DEA Cooks Speed Manufacturer’s Goose, this issue). This issue raised some questions and often conflicting testimony between experts as to the possible yield of a clandestine laboratory operation. Some experts rely on theoretical conversions of precursors, resulting in high and usually unreasonable estimates; while others preferred to use published literature values as an upper limit to production. These estimates were usually seen as reasonable and defendable, and could allow for the skill of the operator. In any instance, a number was produced and the sentencing judge determined its likelihood and sentenced accordingly. Now, the Guidelines provide for instances where no product is found yet precursors are found. Based on the weight of the precursor material, a sentencing level is mandated. The upper level of this section of the Guidelines is level 28 (resulting in 78 to 97 months with 0–1 criminal history points) down to level 12 (10 to 16 months with 0–1 criminal history points). The listed precursors closely match the listing of essential precursors in the Chemical Diversion and Trafficking act and include: Precursors: benzyl cyanide D-lysergic acid ephedrine ergonovine ergotamine ethylamine hydriodic acid isosafrole methylamine N-methylephedrine N-methylpseudoephedrine norpseudoephedrine phenylacetic acid phenylpropanolamine piperidine piperonal propionic anhydride pseudoephedrine safrole 3,4-methylenedioxyphenyl-2-propanone Essential Chemicals: acetic anhydride acetone benzyl chloride ethyl ether methyl ethyl ketone potassium permanganate toluene

1992 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 2 NUMBER 1 — JANUARY 1992

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION It should be noted the offense level refer to weights of the above materials, even though many are liquids. The following notes are provided to assisted in the determination of appropriate sentencing level when more than one precursor and/or essential chemical is present: (A) If more than one listed precursor chemical is involved, use the Precursor Chemical Equivalency Table to determine the offense level. (B) If more than one listed essential chemical is involved, use the single listed essential chemical resulting in the greatest offense level. (C) If both listed precursor and listed essential chemicals are involved, use the offense level determined under (A) or (B) above, whichever is greater. (D) The Precursor Chemical Equivalency Table provides a means for combining different listed precursor chemicals to obtain a single offense level. In cases involving multiple precursor chemicals, convert each to its ephedrine equivalency from the table below, add the quantities, and apply the Chemical Quantity Table to obtain the applicable offense level. Interestingly, this amendment allows for substantially less severe penalties for clandestine lab operators who are sentenced solely on the basis of chemical precursor quantities. For example, prior to the amendments taking effect, an individual convicted of possession with the intent to manufacture methamphetamine and possessing 20 kg of ephedrine would probably be sentenced based on a 50-75% yield (Skinner, Forensic Science International, 48 (1990), 123-134.). This equates to approximately 10-15 kg of methamphetamine, resulting in a sentencing level of 36 (188 to 235 months with 0–1 criminal history points). However, under the amended guidelines, the same quantity of ephedrine tops out at level 28 (78 to 97 months with 0–1 criminal history points). Impact on Analyses. This amendment will require an effort on the forensic chemist or enforcement personnel dismantling and sampling a laboratory to accurately weigh the listed precursor materials should no finished product be identified in other samples. This will undoubtedly add to the time required to investigate a clandestine lab site. On the up side, it will release the forensic chemist from having to estimate a magic number for production capabilities given all the variables associated with such a calculation. It is in the best interest of the practicing forensic chemist to be aware of these changes which will effect that scope of the analysis of certain drug materials, especially if the matter may end up in Federal court for trial.

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LABORATORY SEIZURES BURNED-OUT LAB FOUND IN ARIZONA In October of 1991, the Arizona Department of Public Safety seized a burned methamphetamine laboratory operation. After hearing a police officer ask for information concerning one of the suspect’s vehicles on a police scanner, the suspect panicked and attempted to destroy all the chemicals and equipment related to a clandestine drug laboratory located in his residence. The suspect tried to break all of the glassware and burn all the chemicals. The chemical fire caused a flash fire-explosion that reportedly singed the hair of the surveillance officers that were observing the residence from the back fence. The smoke from the fire caused a four-square block area around the residence to be evacuated. While processing the residence for evidence, the criminalists only located three items of glassware that were not broken. Most of the glassware was located in the two bath tubs submerged in water. Methamphetamine or methamphetamine by-products were found on some of the retrieved items. Most of the chemicals had been burned in the fireplace located in the family room located off the garage. The unburned chemicals that were retrieved did not indicate any particular method of manufacture of phenylacetone, but suggested a phenylacetone / methylamine conversion to methamphetamine. A small cooler was found that contained over 50 photographs of a clandestine operation in various stages. Also enclosed were detailed descriptions and diagrams concerning the manufacture of: methamphetamine (3 methods); phenylacetone (3 methods); phenylacetic acid (2 methods); benzyl cyanide; methylamine; heroin, phentermine, reagent grade hydriodic acid; and descriptions of alternatives to conventional scientific apparatus. The cost of the chemical disposal for this one incident was in excess of $45,000. Donn Christian AZ Department of Public Safety Crime Laboratory Phoenix, AZ

EPHEDRINE TABLET LAB SEIZED IN PORTLAND, OR The Oregon State Police Forensic Laboratory, Portland, responded to a drug laboratory stored in a rental storage facility. A garbage bag was seized that contained approximately 60 empty 1000 count ephedrine HCl double score tablet bottles. Also seized from the search was 4–1 gallon jars of stock hydriodic acid and a small amount of red phosphorus. Local police were led to the storage facility after two men were arrested in Central

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION California with a large amount of methamphetamine and methamphetamine base oil in their possession. Steve Smartt OSP Forensic Laboratory, Portland

DEA LABORATORY REPORTS TRENDS IN SOUTHEAST UNITED STATES The Drug Enforcement Administration’s Southeast Laboratory in Miami, Florida, reports that the production of phenylacetone via either phenylacetic acid and acetic anhydride, or phenylacetonitrile and sodium ethoxide; and methamphetamine via phenylacetone or ephedrine predominate as the clandestine laboratories of choice in the Southeastern United States. Clandestine laboratory seizures during December 1990 in Atlanta, Georgia, and during December 1991 in Fort Myers, Florida, employed the use of iodine crystals and hydrogen sulfide to manufacture hydriodic acid [Inorganic Syntheses, Volume 1, 1939, p. 157). In the Fort Myers seizure, no red phosphorus was present but hypophosphorous acid (H3PO2) was found. Foster (Inorganic Syntheses, Volume 2, 1946, p. 210) reports regeneration of HI with the use of hypophosphorous acid. Commercial preparations of 57% HI use H3PO2 as a stabilizer (Aldrich, 1990-1991). An interesting method of circulating cooling water for condensers has been found by chemists from the Southeast Laboratory on at least two occasions. In a phenylacetone – methamphetamine laboratory in Jacksonville, Florida in March 1990 and a phenylacetone laboratory outside Chattanooga, Tennessee in December 1991, top–opening freezers were used to cool water, which was then pumped out for circulation through reflux condensers. The outlet hose for the condenser was run back into the freezer for recycling the water. This method maybe effective for avoiding detection by monitoring the water usage or for sites without running water. Staff DEA Southeast Laboratory, Miami

CA DOJ LAB - CHICO BUSY DURING NOVEMBER AND DECEMBER The California Department of Justice Laboratory in Chico reports the following laboratory seizures during the months of November and December: November 1 – A clandestine laboratory operation involving the processing of ephedrine and methamphetamine was seized. Impurities identified in an organic liquid indicate the metham-

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phetamine was produced from ephedrine via reduction with hydriodic acid. November 7 – A clandestine laboratory was seized manufacturing methamphetamine by reducing ephedrine with hydriodic acid was discovered. The source for the precursor ephedrine is believed to be from the extraction of ephedrine HCl tablets. Numerous cans labeled “toluene” were recovered at the lab site. November 19 – A clandestine laboratory was found manufacturing methamphetamine via the hydriodic acid reduction of ephedrine. Elemental iodine was also found in the search. A second, separate laboratory seized the same day was manufacturing methamphetamine is a similar manner. A can labeled “Trichlorotrifluoroethane” was found at this second lab site. December 9 – Discovered during the seizure of a lab were two diagrams. The first diagram depicted the preparation of hydriodic acid by heating a phosphoric acid, iodine, and magnesium dioxide mixture and bubbling the resulting hydriodic acid into water. The second diagram discussed the generation of hydrogen chloride gas by heating salt in phosphoric acid. Empty bottles of ephedrine HCl tablets were also recovered. December 12 – Items seized in a suspected clandestine laboratory were consistent with equipment used to manufacture methamphetamine. Three pounds of moist methamphetamine were found along with a bottle of procaine HCl. December 19 – Another clandestine laboratory processing ephedrine was seized. A liquid residue removed from the site was found to be hydriodic acid. Several cans labeled “Energene Cleaning Fluid ... 100% 1,1,1-trichloroethane” were also identified. December 27 – Precursors and other items used in the manufacture of methamphetamine were seized from a private residence; possible ephedrine, hydriodic acid, and red phosphorus were found. Stephen T. Bentley CA DOJ Laboratory, Chico

BOOBY TRAPPED LAB DISCOVERED IN COLORADO Sheriff’s officers from Arapaho County, Colorado, served a search warrant on an old church in Joes, Colorado, and discovered a secreted clandestine methamphetamine laboratory in its basement. The officers, acting on information provided by a confidential informant, were looking for part or all of 1000 pounds of the military plastic explosive C4 stolen this past summer. Instead, the officers found a potential booby trap in the doorway leading to the room containing the laboratory. Entry into the room was through an open doorway at the bottom of the steps leading down to the basement. Officers found a 2 pound ball of C4 charged with a homemade detonator at the doorway. Luckily, the trip wire to the device was not hooked up. The charge was shaped into a ball and would have been lethal, agents from

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Alcohol, Tobacco, and Firearms (ATF) investigating the incident report. Also found in a shed near the church was 180 pounds of the C4 in its original military containers and wrappers, along with military and commercial det cord. Nearly 800 pounds of the explosive is still unaccounted for. The suspect had been involved with manufacturing methamphetamine for about 8 years. The main route of synthesis seemed to be the reaction of phenylacetone and methylamine to manufacture methamphetamine. Several different routes were indicated by the chemicals found at the site: phenylacetic acid, lead acetate, benzyl cyanide, sodium metal, ethyl acetate, a 55-gallon barrel of benzaldehyde, nitroethane, ammonium acetate, hydriodic acid, phosphorus pentoxide, diethyl ether, and nitric acid. The suspect also had approximately 1000 ml of liquid mercury in the site. Also recovered from the lab site was a compressed gas cylinder of methylamine. The informant told investigators the suspect purchased the methylamine in gas cylinders because “... DEA agents would catch him ...” if he bought liquid methylamine. The suspect appeared to be cooking on a small scale using 500–1000 ml round bottom flasks, producing about 1/4 pound per batch. It appeared the suspect was using a crock pot containing oil as an oil bath for his reactions. Around the edges of the crock pot the oil had solidified. The suspect was arrested two hours later and remains in custody. He faces a 40-year sentence if convicted of the explosives charges, not counting any time given should a conviction on the drug lab charges be founded. Bob Reid, Special Agent Drug Enforcement Administration, Denver

HIKERS WATCH CHEMICAL DUMP This fall some hikers happened to witness a pick–up truck stop along a secluded wooded road. The driver unloaded and dumped a large quantity of what appeared to be chemical waste. Concerned, they recorded the license plate number of the vehicle and scrounged around for a container to collect the waste material. Finding a couple of beverage bottles they collected some of the liquid before it completely seeped into the ground, as well as some gray, flaky material they described as “sludge”. They contacted the sheriff’s office and a deputy later obtained some soil samples from the dump site. The liquid the hikers collected was strongly alkaline and contained low levels of methamphetamine with traces of acetyl– methamphetamine and N–benzyl formamide. The gray flakes were analyzed by x-ray fluorescence and found to be primarily aluminum. To analyze the soil samples, we borrowed a technique from the environmental chemists and resurrected an old Soxhlet extractor that hadn’t been used by this lab in probably ten years or more. We extracted the soil overnight with methylene

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chloride and found traces of methamphetamine, several weeks after the samples had been taken. We were concerned that bacterial degradation from the soil may have destroyed the methamphetamine by the time we got the samples for analysis. This is a common problem with soil samples in arson cases where certain soil bacteria preferentially digest many petroleum compounds, but sufficient material was left to identify it. Erik Neilson WSP Crime Lab, Seattle

METHAQUALONE LAB SEIZED NEAR BAKERSFIELD In mid-September 1991 an informant reported a possible methaqualone lab in the Bakersfield area and supplied a sample which contained methaqualone and various precursors and by-products. On the morning of September 22, 1991, the lab was reported to be in operation. The informant was seized by Bakersfield PD, the Central Valley Clan Lab Task Force with the cooperation of the California Bureau of Forensic Services and the Kern County DA’s Laboratory. Based on this and prior contact, a search warrant was served in the Bakersfield area with the support of the fire department. The lab was in a closed shed and in operation. The shed was situated between an inhabited trailer and an apartment building. The shed was quickly cleared for suspects without breathing apparatus but was then surveyed and sampled with breathing apparatus due to the fumes. Behind the shed was a garage which was used for bulk storage of chemicals. There was approximately 1/2 ton of anthranilic acid, 38 kilograms of o-toluidine, and 100 pounds of microcellulose. The synthesis method being used by the suspects was to heat the anthranilic acid with acetic anhydride. The acetic acid formed was then distilled off the intermediate 2-methyl-3,1,4Hbenzoxaz-4-one (also known as acetanthranil or acetyl anthranil) crystallized. The intermediate and the o-toluidine were heated to give methaqualone. This information led to a search warrant in the Los Angeles area where a working tableting press and a spare were found. The press was capable of 70 tablets per minute. Additional microcellulose, methaqualone, and tablets were found as well as spare dies for “Rorer 714.” The tablet dies in the press were for blank, single scored tablets. This led to search warrants being served in Denver, Colorado where cash, documents, and other assets were seized. A recipe for the preparation of an intermediate to methaqualone was found. Mark Kalchik CA DOJ Crime Lab, Fresno

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION PLATING SOLUTION CONTAINING HYDRIODIC ACID SEIZED The Los Angeles PD Crime Laboratory reports the seizure of a black poly 55–gallon drum labeled “Plate Solution, Gold Chloride Electro, Barstow Mine, Lot No. 155.” A label on the side of the container reads: “Gold Chloride Electroplating Solution DOT Shipping Name: Hydrochloric Acid Mixture, (SQ 100 lbs), corrosive material, NA 1789 Contains: Acid HI, HCl, and H3P04” The material is manufactured by Calabrian Corporation, 255 Davidson Avenue, Suite 200, Somerset, NJ 08872. The contents appear to be predominantly hydriodic acid and may represent an attempt to circumvent the reporting procedures for hydriodic acid in California. Steve Johnson LAPD Crime Lab, Los Angeles

LITERATURE REFERENCES The following literature references were obtained by the Editor of the Journal for the benefit of the reader. Complete citations and abstracts for each paper are provided for the reader to obtain the work through their local reference source. If you have trouble obtaining a copy of the work, please contact the Editor for more information. Submission of references regarding areas of interest to the drug chemist may be submitted to the Editor for inclusion in the next edition of the Journal. “Methamphetamine - Stimulant of the 1990s?” R.W. Derlet and B. Heischober, Western Journal of Medicine, Volume 153, 1990, pp. 625-628. During the past several years, the use of a smokeable form of methamphetamine hydrochloride called “ICE” has increased rapidly. The heaviest use has occurred on the West Coast and in Hawaii. Many regional emergency departments treat more methamphetamine users than cocaine-intoxicated patients. The ease of synthesis from inexpensive and readily available chemicals makes possible the rampant abuse of a dangerous drug that can produce a euphoria similar to that induced by cocaine. Clinicians should be familiar with the medical effects and treatment of acute methamphetamine toxicity.

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“Illicit Methamphetamine: Analysis, Synthesis, and Availability” KS. Puder, D.V. Kagan, and J.P. Morgan, American Journal of Drug and Alcohol Abuse, Volume 14, Number 4, 1988, pp. 463-473. Methamphetamine has been marketed illicitly since the 1960’s. Much of the street material was illicitly synthesized. Although methamphetamine quality was variable in the past decade, it has emerged since 1978 as the only street stimulant which is likely to contain what it purports to contain. Although there is a small volume of legitimate methamphetamine still made by the pharmaceutical industry, most material analyzed by street-drug laboratories appears to have been illegitimately synthesized and not diverted. For a decade, relatively little methamphetamine was submitted to street-drug analytical labs. In recent years, although the absolute volume of methamphetamine submissions has changed little, this drug made up the bulk of alleged stimulant samples submitted to such facilities because of the paucity of amphetamine submissions. Methamphetamine synthesis and use appears to constitute a small but continuing portion of the illicit drug market. “The Rise, Decline, and Fall of LSD” RF. Ulrich and B.M. Patton, Perspectives in Biology and Medicine, Volume 34, Number 4, 1991, pp. 561-577. A brief historical perspective on the Hoffman and the CIA use of LSD. “Legal Liabilities Faced By Owners of Property Contaminated By Clandestine Methamphetamine Laboratories: The Oregon Approach” T.B. Maher, Willamette Law Review, Volume 27, Number 2, 1991, pp. 325-353. A review of Oregon law and efforts to assign liabilities for clean–up of identified clandestine laboratory sites.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CHINESE EPHEDRINE DANIEL R. LARGENT, SPECIAL AGENT SUPERVISOR California Department of Justice – Bureau of Narcotic Enforcement 5900 Old Oregon Trail Redding, CA 96002

INTRODUCTION There has been much discussion recently in the clandestine laboratory investigative community regarding ephedrine originating in China that has been seized in illicit laboratories Ephedrine from China is not a new phenomenon. China as a source of ephedrine to the US and ultimately to clandestine laboratories in California, began to attract the attention of the Bureau of Narcotic Enforcement (BNE) in 1986-1987. Several training seminars conducted during that period featured a 25 kilogram “tin” of ephedrine from China seized from a laboratory in Fresno. The tin was used as an example of what items to look for in surveillance and during the execution of a search warrant pursuant to a laboratory investigation. It was discovered during this period that quantities of Chinese ephedrine were entering California through many chemical wholesalers outside the state, including Emerald City Chemical Company (Seattle, WA) and Intertech Trading Chemical Company (Orem, UT). In previous years, this author has conducted a great deal of research regarding the importation of ephedrine with the Drug Enforcement Administration’s Dangerous Drugs Intelligence Unit, the Food and Drug Administration, and the Federal Chemical Action Task Force (CATF). CATF was developed in June 1990 to track the origin, importation and domestic distribution of ephedrine.

THE EPHEDRA PLANT AND THE USES OF EPHEDRINE Ephedrine and pseudoephedrine are primarily used in cold remedies as decongestants, either as a syrup or in a solid form as tablets. The end uses for pseudoephedrine are as over-thecounter remedies, including cold, allergy, and sinus medications. A spokesman for Kline and Company, a New Jersey based market research company, estimates the total market for pseudoephedrine at $600 million annually for both the sulfate and hydrochloride salts. Ephedrine is derived by one of two routes. It may be isolated by the chemical extraction of the plant Ephedra (natural occurring) or through chemical synthesis (synthetic). The natural occurring ephedrine is preferred over the synthetic ephedrine because it is an optically pure form. Ephedrine extracted from the plant is either l-ephedrine or d-pseudoephedrine. This optically pure ephedrine will produce d-methamphetamine, preferred by illicit lab operators. Ephedrine created from synthesis is the racemic form. Further chemical manipulation is required to separate the dextro-isomer from the levo-

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isomer, which can be difficult. Most ephedrine and pseudoephedrine used in the western world has been produced synthetically. In the 1950’s the price of synthetic ephedrine rose sufficiently to cause an increased demand for the natural product. Some pharmaceutical companies still prefer natural ephedrine because it is an optically pure isomer. Re-entry of Chinese Ephedra in the world market has lowered the price of the crude drug. For at least 5,000 years the Chinese have prized Ephedra for the preparation of herbal teas and pills taken to cure colds, coughs, malaria, fevers, headaches, and eruptions due to infections. The roots and joints of the plant are reduced to powder, combined with oyster shells or other products, and are given to stop excessive sweating. The Chinese name for Ephedra is “Ma Huang.” There are five predominant species of the Ephedra plant having a sufficient level of ephedrine necessary for processing. These species and the areas they grow in are: 1. Ephedra major. This species grows wild in the Mediterranean area of Spain, Sicily, Afghanistan and Pakistan. This species contains the highest level of ephedrine. 2. Ephedra intermedia. This plant’s habitat ranges from inner Mongolia to Pakistan where is occurs at lower altitudes than Ephedra major. This species is low in ephedrine but fairly high in pseudoephedrine. 3. Ephedra gerardiama. This species is native to the northwest Himalayas at altitudes between 7,000 and 16,000 feet, northern India, West Pakistan, Tibet, and the Szechwan and Yunnan provinces of China. This species has about half as much ephedrine as Ephedra major. 4. Ephedra sinica. This species is found at the 5,000 foot level in northern China from Sinkian to Hopeh province and north to outer Mongolia. It is the lowest of the five predominant species in ephedrine content. 5. Ephedra equisetina. This species is found at altitudes between 4,000 and 5,500 feet in Inner Mongolia. It is above average in ephedrine content. These species have been experimentally cultivated in Australia, Kenya, England and the United States. In this country, efforts were most successful in South Dakota but the crop proved economically infeasible due to high labor cost and other factors. Commercial cultivation of ephedrine has been contemplated in India. Approximately ten species of the Ephedra plant grow wild in the high desert area of the US; however, they contain very low

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION levels of ephedrine. Their use has been mainly in folk-medicine concoctions taken primarily as a remedy for venereal diseases. Some early Westerners consumed such concoctions as daily beverages and the plants acquired the local names of Desert Tea, Mexican Tea, Teamster’s Tea, Mormon Tea, and Whorehouse Tea. China is described as a major source of naturally occurring ephedrine, extracted and processed there. With the exception of a few smaller traders and some material “falling through the cracks,” Ganes Chemicals, Inc., is the principal source for Chinese ephedrine in the US. Although there are many factories and sources for ephedrine in China, the country has consolidated its exporting activities, creating one major marketing arm. The principal Chinese export of ephedrine is ephedrine hydrochloride and is not FDA approved. Therefore, the ephedrine is limited in its application for certain over-the-counter preparations and for conversion to pseudoephedrine. Apart from isolated uses in ophthalmology and as a chemical resolving agent, the major portion of the product is converted to pseudoephedrine. It is estimated about 90% of the imported Chinese ephedrine is converted. Most of the synthetic ephedrine manufacturers are in the European countries. China does ship quantities of harvested Ephedra to European manufacturers for extraction of ephedrine. Knoll Pharmaceuticals (New York, with divisions in West Germany) is said to be the largest producer of synthetic ephedrine. Knoll’s overseas facility is capable of producing ephedrine and pseudoephedrine, whereas Ganes Chemicals, Inc., converts its product domestically. Burroughs Wellcome Co., is believed to convert some ephedrine for use in cold medications.

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Germany, due to Knoll Pharmaceuticals, was the number one exporter of ephedrine into the US in 1990, accounting for 134,000 kilograms. The bulk of this ephedrine was shipped to legitimate manufacturers of pharmaceuticals. China exported 51,500 kilograms of ephedrine into the US in 1990 while Hong Kong exported 37,500 kilograms. One distribution line from China into the US was examined. In 1990 China sent 9,300 kilograms of ephedrine to ZetaPharm, Inc., a chemical company in New York. ZetaPharm shipped a large quantity of that ephedrine to Netcong Vitamin Emporium (NVE) located in New Jersey. NVE subsequently shipped large quantities of ephedrine to the west coast in 1990.

CONCLUSION Although there seems to be some significance regarding the amount of Chinese ephedrine turning up in California clandestine laboratories, there has been no indication (via DEA’s Chemical Compliance section) that China is knowledgeable or involved in chemical diversion. There is no evidence to indicate Chinese ephedrine distributors are making exorbitant profits selling ephedrine to US companies (i.e., black market price fixing). A more probable hypothesis is Chinese ephedrine is the desired optical isomer to produced methamphetamine. Quasi-legitimate domestic chemical distributors and wholesalers realize the profits to be made in obtaining this type of ephedrine for the lucrative western clandestine laboratory market. Finally, with China being the major supplier for most all of the natural occurring ephedrine in the world it is not surprising for Chinese ephedrine to be seen in clandestine laboratories.

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SEPARATION AND IDENTIFICATION OF DRUG ENANTIOMERS VIA N-TFA-(S)-PROLYL CHLORIDE DERIVATIZATION TIM MCKIBBEN, M.S. Aurora Police Department Crime Laboratory 15001 E. Alameda Ave. Aurora, CO 80012

ABSTRACT

EXPERIMENTAL

The ability to separate and identify drug enantiomers using gas chromatography/mass spectrometry (GC/MS) techniques can provide valuable intelligence information to the forensic chemist. This paper describes the separation and identification of twelve pairs of amphetamine-type enantiomers using the chiral acid chloride derivatizing agent, N-trifluoroacetyl-(S)prolyl chloride.

Reagents The chloroform, magnesium sulfate, and sodium hydroxide were all reagent grade, and the water was distilled. The N-trifluoroacetyl-(S)-Prolyl chloride was purchased as a 0.1 M solution in methylene chloride from Aldrich Chemical Company, St. Louis, MO.

INTRODUCTION In the past, drug enantiomers (d- and 1- isomers) have been identified via microcrystal tests (single and mixed isomers), infrared spectroscopy, and mixed melting points. A convenient derivatization method for separating and identifying amphetamine-related drug enantiomers has been developed. The use of the chiral derivatizing agent N-trifluoroacetyl-(S)-prolyl chloride has been previously reported. This research centers on the amphetamine-related drugs often encountered in forensic laboratories. Since the diastereomers formed are covalent amides and not ionic salts, they can be extracted and back-extracted, and are generally more stable toward manipulation. With the exception of the ephedrine-pseudoephedrine isomers, there is one chiral center in the structure of these amphetamine derivatives. This center is located at the carbon beta to the phenyl ring and contains the carbon-nitrogen bond (Fig. 1). The one chiral center gives rise to two stereoisomers or one pair of enantiomers. The introduction of a second chiral center (such as the benzylic carbon in ephedrine) gives rise to four stereoisomers (two diastereomers each with a pair of enantiomers). Ephedrine and pseudoephedrine are diastereomeric in relation to each other and exist as pairs of enantiomers (Fig. 2). Once the isomeric content of a sample is identified information on the possible starting materials, reagents, synthetic routes, or origin may be determined.

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Instrumental Conditions Column: 15M x 0.25 mm ID, 0.25 mm thickness, DB-17 capillary column Injection Temperature: 210°C Temperature Program: 150°C, 1 minute; 20°C/min; 300°C, 2.76 min. Transfer Line Temp.: 200°C EM Volts: 2200 Low Mass: 40 High Mass: 560 Scan Rate: 0.8 scans/sec Procedure A 10 mg sample is dissolved in several milliliters of chloroform and treated with 0.1N NaOH. The organic layer is removed, dried over MgSO4 and filtered. The chloroform solution is treated with at least one molar equivalent of 0.1N N-trifluoroacetyl-(S)-prolyl chloride (TFAP) and allowed to stand at room temperature for 30 minutes. The reaction is quenched with H2O or dilute NaOH and the organic layer removed, dried over MgSO4, filtered, and an aliquot injected in the GC. It is very important to dry the organic sample solution before adding the acid chloride because the acid chloride is a very reactive species and will hydrolyze in the presence of water. The hydrolysis product is the N-TFA-(S)-prolyl carboxylate and can be removed by a basic extraction prior to injection into the GC. The reaction is carried out under basic conditions for several reasons. First, the free amine will be a much more efficient nucleophile and is usually more soluble in organic solvents than the salt form. Secondly, the basic extraction allows the removal of the carboxylate that forms and at the same time detects any unreacted starting material. The diastereomeric amides formed during the reaction are quite stable and can be stored for future use as standards.

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RESULTS The ephedrine and simple amphetamine derivatives do not give parent peaks in the MS, but do give expected fragmentation. The ephedrine and pseudoephedrine isomers also contain a second reactive site which is subject to acylation and is chiral, this being the benzylic alcohol (Fig. 1). No parent peaks are seen for mono- or bis-acylated products. The ephedrine isomers exhibit a m/z 340 peak (M-18) consistent with the loss of H2O from the benzylic alcohol position in the N-acylated product. Two peaks of similar abundances account

Isomer

Eight Most Prominent Peaks

Ret. Time

Mol. Ion

l -ephedrine d -ephedrine l -pseudoephedrine d -pseudoephedrine l -amphetamine d -amphetamine l -methamphetamine d -methamphetamine

7.66 7.59 7.70 7.77 5.66 5.77 6.50 6.62

58 58 58 58 166 166 58 166

166 166 166 166 237 237 166 58

251 252 251 252 194 194 251 251

252 251 252 251 91 91 91 91

69 69 42 69 118 118 42 69

42 42 77 42 69 44 41 41

167 167 41 77 44 69 69 42

41 77 43 41 167 41 96 119

None

(1)-PMA (2)-PMA (1)-3,4,5-TMA (2)-3,4,5-TMA (1)-2,4,6-TMA (2)-2,4,6-TMA (1)-DOB (2)-DOB

6.92 7.07 8.39 8.51 8.35 8.51 8.82 8.97

148 148 208 208 181 181 166 166

166 166 166 166 208 208 258 258

194 121 418 418 166 166 256 256

121 194 194 194 182 182 194 194

44 149 181 181 44 209 44 44

69 44 193 193 121 120 237 237

41 69 209 209 209 69 468 69

167 41 167 167 69 44 69 468

358

(1)-DOM (2)-DOM (1)-MDA (2)-MDA (1)-MDMA (2)-MDMA (1)-Propylhexedrine (2)-Propylhexedrine

7.62 7.77 7.59 7.73 8.39 8.51 6.05 6.17

192 192 162 162 166 58 166 166

166 166 166 166 58 166 58 58

402 402 194 194 162 162 69 69

194 194 135 135 251 69 125 41

193 193 372 44 163 163 55 125

165 165 163 77 69 135 41 55

69 69 69 69 135 251 182 182

44 44 44 163 77 96 167 167

Table 1.

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for the higher–mass ions in this derivative. The m/z 252 and m/z 251 ions are formed via cleavage of the benzyl portion of the molecule with and without hydrogen rearrangement, respectively. The m/z 166 ion serves as the base peak and is formed from alpha cleavage of the tertiary ring carbon with loss of the amide portion. The m/z 194 ion is consistent with the fragmentation of the N-carbonyl carbon bond (as is seen in some secondary and tertiary amides). The pseudoephedrine isomers display a very similar spectra, as would be expected, to the diastereomeric ephedrine deriva-

None None None

418 418 467

402 372 386 348

PMA = p-methoxyamphetamine; TMA = trimethoxyamphetamine, DOB = 4-bromo-2,5-dimethoxyamphetamine, and DOM = 4-methyl-2,5-dimethoxyamphetamine

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tive. Again, the M-18 ion m/z 340 is seen, and the m/z 251 and m/z 252 ions are in similar abundances to the ephedrines A large m/z 58 peak is indicative of an amine fragmentation series. The order of elution from the column for these derivatives is d-ephedrine, l-ephedrine, l-pseudoephedrine, and d-pseudoephedrine. The amphetamine isomers give no parent peak, but do give explainable and expected fragmentation. A base peak at m/z 166 is formed via cleavage at the tertiary ring carbon with loss of the amide portion and alpha cleavage leads to the m/z 237 and the ring stabilized ion at m/z 91. The m/z 194 ion is abundant and is common to secondary and tertiary amides via cleavage of the N-C (carbonyl) bond with charge retention on the carbonyl portion. The methamphetamine isomers also give no parent peak, but a base peak of m/z 58 or m / z 166 (similar abundances). The expected m/z 91 and m/z 251 ions (from alpha cleavage at the benzylic position) are observed. The m/z 194 ion (N-C carbonyl bond cleavage) and m/z 118 and m/z 119 ions (N-C bond cleavage with and without a one hydrogen rearrangement) do contribute to the high-mass fragmentation in this derivative. The 2,4,6-TMA isomers undergo alpha cleavage to give the ring stabilized m/z 181 base peak. The m/z 208 peak is formed via N-C bond cleavage with hydrogen rearrangement and the parent peak m/z 418 is observed. The 3,4,5-TMA isomers underwent C-N cleavage to give the observed m/z 208 base peak. The m/z 160 peak is due to alpha cleavage at the tertiary ring carbon. The parent peak m/z 418 is seen along with the M-15 ion (most likely due to one of the ring methoxy groups and not alpha cleavage with loss of the terminal methyl group on the propane chain). In DOM isomers C-N bond cleavage with hydrogen rearrangement predominated to give the m/z 192 base peak, as charge retention is usually favored away from the nitrogen in this

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type of fragmentation. The m/z 166 peak is again abundant followed by the parent peak m/z 402. The DOB isomers present interesting mass spectra due to the almost equally abundant Br79 and Br81 isotopes. The two observed parent peaks m/z 466 and m/z 468 are characteristic of a mono-brominated product. The bromine-containing ions at m/z 256 and m/z 258 are formed via N-C bond cleavage with no hydrogen rearrangement. In this case, the m/z 194 ion is abundant and the m /a 166 ion is the base peak. The MDA isomers give a m/z 162 ion as the base peak via N-C bond cleavage with one hydrogen rearrangement. The m/z 166 ion is slightly less abundant and has been seen often in these TFAP derivatives. Alpha cleavage with loss of the methylenedioxy ring structure (at the benzylic carbon) produces the m/z 237 ion. The parent peak at m/z 372 is observed. The MDMA isomers give similar mass spectra to the MDA isomers. In this case the base peak is the m/z 166 ion (from cleavage at the tertiary proline-ring carbon). The m/z 162 ion is only slightly less abundant. Again, loss of the methylenedioxy ring structure gives the m/z 251 peak. The parent peak at m/z 386 is present. The PMA isomers give a m/z 148 base peak via N-C bond cleavage with no hydrogen rearrangement. The m/z 166 and m/z 194 ions are observed in abundance. Cleavage at the benzylic carbon provides the ring-stabilized m/z 148 ion. The parent peak at m/z 358 is observed. The substitution of the phenyl ring with a cyclohexyl ring created some interesting differences in the mass spectra of the last derivative. The propylhexedrine isomers give a parent peak at m/z 348 and a base peak at m/z 166. As expected, alpha cleavage at the carbon alpha to the cyclohexyl ring produces the m/z 251 ion, and not an abundance of the m/z 97 ion. This is because there is no longer the stabilization of an aromatic ring to support the abundant formation of the m/z 97 ion. Another highmass ion m/z 125 is most likely formed via N-C bond cleavage with no hydrogen rearrangement. Throughout these examples, several common high-mass ions have been seen. These ions are indicative of cleavages which are preferred in these TFAP derivatives and represent only initial fragmentation (with or without some hydrogen rearrangement). It should be noted that in these cases, the most valuable information comes from these ions and a few ions which are indicative of ring structure or parent drug structure. No attempt was made to analyze secondary and further fragmentation because of its limited information.

CONCLUSION The use of N-TFAP derivatives is a proven, simple, and convenient method for the resolution of drug enantiomers. Prior to this research, only polar GC columns and HPLC columns had been used for the resolution of drug enantiomers. A column of intermediate polarity was used successfully in this laboratory

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION and suggests the possibility of using a non-polar column for these resolutions. The reaction was allowed to proceed for 30 minutes, but actually should have been complete with 10 minutes. The simplicity and speed of this technique makes it applicable to routine drug analysis. The N-TFAP technique should be applicable to other amphetamines which were not included in this study and to other enantiomeric drugs such as aminorex analogs. Additional work is being conducted on other analogs and on the TLC behavior of these derivatives. Any developments in these areas will be communicated to the CLIC Journal.

2.

REFERENCES

5.

1.

E. Gordis, “Gas Chromatographic Resolution of Optical Isomers in Microgram Samples of Amphetamine,” Biochemical Pharmacology, Volume 15, 1966, pp. 2124-2126.

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3.

4.

Souter, R.W., “Gas Chromatographic Resolution of Enantiomeric Amphetamines and Related Amines, I. Structural Effects on Some Diastereomer Separations,” Journal of Chromatography, Volume 108, 1975, pp. 265-272. Souter, RW., “Gas Chromatographic Resolution of Enantiomeric Amphetamines and Related Amines, II. Effects of Cyclic Structures on Diastereomer and Enantiomer Resolution,” Journal of Chromatography, Volume 114, 1975, pp. 307. Noggle, F.T. and Clark, C.R., “Resolution of Some Enantiomeric Amines of Forensic Interest by High-Performance Liquid Chromatography,” Journal of Forensic Sciences, Volume 31, Number 2, 1986, pp. 732-742. McLafferty, F.W., Interpretation of Mass Spectra, University Science Books, Mill Valley, CA, 1980.

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A DISCUSSION OF “COCAINE BASE” AND “COCAINE” – THE CASE LAW CONCERNING THE SUFFICIENCY OF THE DEFINITION OF COCAINE BASE, THE CORRECT DEFINITION OF COCAINE BASE, AND WHICH “MIXTURES” SHOULD BE TREATED AS COCAINE BASE FOR PURPOSES OF SENTENCING RICHARD J. MCMAHON, ASSOCIATE CHIEF COUNSEL DEA, Office of Chief Counsel 700 Army Navy Drive Arlington, VA 22202

(Editor’s Note: This paper was presented at the Department of Justice’s Prosecution Conference in Aurora, Colorado. Mr. McMahon prepared this paper in response to legal challenges concerning the definition of “cocaine base” and its distinction from “cocaine.” It is reprinted here with the permission of the author.)

INTRODUCTION The Controlled Substances Act provides significantly more severe penalties for offenses involving specific amounts of “Cocaine Base” than it does for corresponding amounts of “Cocaine.” That fact has prompted numerous defendants to argue that it is unconstitutional to distinguish between “cocaine base” and “cocaine” in that way. The most prevalent argument is that the term “cocaine base” is too vague to provide a sufficient basis for such a distinction because the act does not contain a definition of “cocaine base.” Such arguments are often made as to many criminal statutes and are routinely rejected by the courts. In fact, this particular argument concerning cocaine base has already been rejected by several circuits [1]. However, it has recently been accepted by a district court in New York [2], and the issues involved deserve clarification. There are essentially three factors which complicate the current situation respecting the term “cocaine base.” 1.

2.

3.

The definition of cocaine base in at least two of the circuit court decisions relies to some degree upon a factually incorrect statement as to what distinguishes “cocaine base” from other cocaine. The primary appearance of “cocaine base” which prompted the statutory distinction is “crack.” The argument is sometimes made that the substance in a particular case is not “crack,” even if it is cocaine base, and therefore the harsher penalty should not apply. A corollary to the factor discussed in number two is that cocaine base actually can and often does result at two different stages of the cocaine processing routine. This has led to some questions about whether only one, or both,

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of those stages should be covered by the more severe penalty.

THE INCORRECT DEFINITION OF COCAINE BASE In United States v. Brown [3], the court upheld the constitutionality of the more severe penalty for cocaine base by finding that: The fact that “cocaine base” may have various interpretations on the street does not make it incapable of objective definition by means of chemical analysis [4]. The above statement is, of course, correct, and it actually suffices to explain the Brown court’s holding. However, the court also stated that “ ‘cocaine base’, therefore is any form of cocaine with the hydroxyl radical; ...” [5]. Unfortunately, that is not an accurate statement. The “hydroxyl radical” is found in some basic compounds, but not all basic compounds have a hydroxyl radical. An important class of compounds that are bases that do not have to contain the hydroxyl radical are the alkaloids. An alkaloid is any member of a class of basic nitrogenous organic compounds usually of vegetable origin, having the property of combining with acids to form salts. The principal alkaloid of the coca plant is cocaine (i.e., cocaine base). When cocaine base is reacted with hydrochloric acid, the resulting salt is cocaine hydrochloride. The Brown case has been cited several times in cases upholding the constitutionality of the cocaine base penalty, and at least one circuit court decision explicitly reiterates the error of the Brown case [6]. However, the recent district court decision in United States v. Jackson [7] cited the incorrect Brown definition as an example of why the cocaine base penalty is unconstitutionally vague. It should be noted that the “hydroxyl radical” language in Brown did not come from a Government witness at trial nor did it represent the Government’s position on appeal concerning the definition of cocaine base. Therefore, although the Brown language causes some confusion concerning the definition of cocaine base, it is not indicative of an underlying ambiguity or

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION vagueness in the statutory language itself. Cocaine base is in fact scientifically distinguishable from other cocaine, and, as stated by the Brown court itself, that fact is the answer to the vagueness challenge.

Anti-Drug Abuse Act of 1986” (March 1987) wherein it is stated at page 17, that: the Department recommends that the lesser quantities applicable to “cocaine base” be used only in cases where the mixture or substance consists primarily of cocaine base (e.g., “crack” or cocaine paste).

THE CORRECT DEFINITION OF COCAINE BASE The best case to refer to and to cite in support of the cocaine base penalty is United States v. Turner [8]. In Turner the court found that the term “cocaine base” does not promote arbitrary sentencing because it is not impermissibly vague. In addition to citing other cases upholding the cocaine base penalty, the Turner court succinctly explained the difference between “cocaine base” and “cocaine” in this way: Defendant does not contend what he possessed was inaccurately classified cocaine base, nor does he present any evidence to support such a conclusion. In fact, his expert testified that differences between cocaine base and other forms of cocaine exist, i.e., that cocaine base is a precipitate formed by removing an acid (e.g., cocaine hydrochloride), leaving only the base cocaine ... Cocaine base and cocaine hydrochloride have different melting points and different molecular weights ... The expert testified that a chemist can easily differentiate between the two based on their melting points [9]. Of course, it is these differences in physical properties which account for the fact that cocaine base can be smoked while cocaine hydrochloride cannot be consumed in that manner. There is a rational basis for treating smokeable cocaine more harshly because cocaine consumed in that manner reaches the brain more rapidly. In the Jackson case the court seems to have based its ruling against the cocaine base penalty upon its finding that cocaine base did not meet a standard of “very pure cocaine intended for smoking rather than inhalation” [10]. That quotation was taken from United States v. Shaw [11]. The error of the Jackson court is that the substance in its case was in fact smokeable or “intended for smoking” (because it was cocaine base), and the “mixture or substance containing ...” language of the cocaine base provision (21 U.S.C. § 841(b)) makes it clear that there is no requirement of any particular level of purity [12]. Although it is clear that the purity of a “mixture or substance containing a detectable amount of cocaine base” can not be made a prerequisite to use of the harsher cocaine base penalty, there is an additional situation which should be mentioned in order to avoid confusion. Cocaine hydrochloride is produced by diluting cocaine base with ether, filtering it, and adding acetone and concentrated hydrochloric acid to the solution, and then drying it. Inevitably, the resulting cocaine hydrochloride will have some trace amounts of cocaine base in it because the process of conversion will not be one hundred percent complete. This fact was referenced in the Criminal Division’s “Handbook on the

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This should not be read to mean that the cocaine base must be “pure” or even highly concentrated cocaine base. Rather what it means is that the in the mixture should be primarily cocaine base rather than cocaine hydrochloride. By way of summary, cocaine base can reliably defined and recognized. It is the alkaloid form of cocaine as distinguished from the salt form (cocaine hydrochloride). Cocaine base has different physical properties than cocaine hydrochloride, and therefore it is smokeable. The purity of the mixture does not matter, but if the mixture is primarily cocaine hydrochloride with some trace amounts of cocaine base, it should be treated as cocaine hydrochloride.

COCAINE BASE FROM COLOMBIA AND COCAINE BASE MADE FROM COCAINE HYDROCHLORIDE As its name implies, the form in which cocaine is found in the plant is cocaine base. Without going into minute detail, it suffices to state that when coca leaves are processed into coca paste and that paste is dissolved and combined with a potassium permanganate solution, and ammonia and water are added, the result is cocaine base. That process is done in South America, and it is followed by a heating and cooling process in which the base is cleaned to make purified cocaine base. This cocaine base is smokeable and it is essentially no different than cocaine base made from cocaine hydrochloride. However, the traditional marketing method for cocaine has been to convert it to cocaine hydrochloride before smuggling it into the United States. Because of the popularity of crack, a substantial amount of this cocaine hydrochloride is being reconverted back into cocaine base in the United States. Regardless of whether cocaine base came directly from South America in that form, or it was converted to cocaine base from cocaine hydrochloride, it is smokeable, it is the substance described in the statute, and the harsher penalty should be applied to it. For further information concerning these issues relating to “Cocaine Base” and “Cocaine,” please contact Associate Chief Counsel Richard J. McMahon of the DEA Office of Chief Counsel, (202) 307-8030.

REFERENCES 1.

United States v. Turner, 928 F.2d 956 (10th Cir. 1991); United States v. Shaw, 936 F.2d 412 (9th Cir. 1991); United States v. Avant, 907 F.2d 623 (6th Cir. 1990); United States v. Buckner, 894 F.2d 975 (8th Cir. 1990); United States v. Barnes, 890 F.2d 545 (1st Cir. 1989);

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION United States v. Williams, 876 F.2d 1521 (11th Cir. 1989); United States v. Brown, 859 F.2d 974 (D.C. Cir. 1988). 2. United States v. Jackson 89 Cr. 448 (MEL) (S.D.N.Y., 7/12/ 91). 3. Supra note 1. 4. 859 F. 2d at 976. 5. Id at 975, 976. 6. United States v. Van Hawkins, 899 F.2d 852, 853-54 (9th Cir. 1990). 7. Supra note 2. 8. Supra note 1. 9. 928 F.2d at 960, fn.1. Note that there are other physical properties that can be used to make this distinction. (e.g., infrared spectroscopy). 10. Slip opinion at 8. l1. Supra note 1. 12. See Chapman v. United States __ US __, 111 S. Ct. 1919 (1991).

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 2 NUMBER 3 — JULY 1992

IN THIS ISSUE Plans For 2nd Annual Technical Training Seminar Announced ................... 2 Recent U.S. Federal Court Decisions ............................................................ 3 LAX: A New Drug ........................................................................................ 4 Laboratory Seizures ....................................................................................... 5 Alternative Method for Accessing Diethyl Ether Cans ................................. 9 Dale Mann and Raymond Kusumi Seizure of Buried Laboratories on the Rise; Confined Space Creates Extreme Safety Hazard .................................. 10 Confined Space Safety And The Clandestine Laboratory........................... 11 Bruce Lazarus, C.I.H. Felony Conviction in Burbank Confined Space Accident .......................... 12 Confined Spaces: General Industry Safety Orders ...................................... 13 Comparison Of Western US Manufacturing and Precursor Laws .............. 16 Comparison Of Western US Regulation of Precursor Chemicals............... 17 Comparison Of Western US Manufacturing Penalties ............................... 18

The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions from the membership concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references where necessary. Research papers or material over one page in length is requested to be submitted on IBM computer disk (contact the Editor for more information). One of the primary goals of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a speedy manner. For more information concerning the Journal, contact the Editor.

Association Officers President: J. Thomas Abercrombie CA DOJ Crime Lab 1500 Castellano Rd. Riverside, CA 92509 (714) 782-4170 Vice-President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Ken Fujii Contra Costa Sheriff's Crime Lab 1122 Escobar Street Martinez, CA 94553 (415) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Executive Board Members: Terry A. DalCason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640 Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Richard Bingle Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

PLANS FOR 2ND ANNUAL TECHNICAL TRAINING SEMINAR ANNOUNCED LSD TRENDS AND SYNTHESES WORKSHOP HIGHLIGHTED The 2nd Annual Clandestine Laboratory Investigating Chemists (CLIC) Association Technical Training Seminar will be held September 9-12, 1992, at the Stockyards Hotel in Fort Worth, Texas. CLIC was formed in 1991 to serve the needs of law enforcement chemists and personnel responsible for the investigation and seizure of clandestine drug laboratories by sponsoring technical training and a quarterly Journal. CLIC’s first Technical Training Seminar was held last year in San Diego and was attended by over 60 law enforcement chemists and agents representing 16 states, 3 provinces of Canada, the United Kingdom, and Germany. The program for the 2nd Technical Training Seminar is shaping up to be both interesting and informative. The following is a tentative schedule of events. Wednesday, Sept. 9 Morning The conference will start with a 4 hour workshop on one of the hottest topics this year in law enforcement: the tremendous increase in trafficking of LSD. DEA Special Agent Arthur Hubbard, San Francisco, will present a general overview of the current trafficking patterns in the United States and the world. Special Agent Hubbard is currently assigned to a special LSD enforcement group at the San Francisco office. Special Agent Hubbard is extremely knowledgeable in the area of LSD investigations and will provide some interesting insights into the investigation of the LSD problem. The second half of the morning session will be presented by Andrew Allen, Ph.D. Dr. Allen is currently performing postdoctoral work with the NIDA in Baltimore. Dr. Allen, a former DEA forensic chemist, has a special interest in clandestine drug laboratory investigation and syntheses, and is widely published in the forensic journals on the identification of controlled substances and the identification of synthetic routes by examination of reaction specific by-products. Dr. Allen will present a detailed overview of the synthetic methods to manufacture LSD, providing a valuable resource to those attending the workshop. Because of the interest in this topic, sworn police officers, narcotics investigators, and prosecutors are invited to attend this session. Arrangements are being made for these law enforcement officers to meet with Special Agent Hubbard for an informal discussion on investigation related topics. Space may be limited, so early reservations are suggested. Because of the sensitive nature of this information, only law enforcement related personnel will be allowed in the morning session. Credentials and ID will be required for attendance.

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Afternoon The afternoon will feature a workshop by Mr. Fred Schatmann, Assistant US Attorney – Ft. Worth, Texas and Mr. William Koos, Deputy District Attorney – Tarrant County, Texas. Mr. Schatmann will provide an update of recent federal decisions relating to clandestine laboratory investigation and prosecution, including the revised Federal Sentencing Guidelines. Mr. Koos will present an overview of Texas legislation regarding clandestine drug laboratories. Evening The evening hours will feature the popular “Bring Your Own Slides” session. This session is designed for all attendees who would like to bring 10–15 slides of a recent clandestine laboratory seizure, chemical seizure, or any other related topic and give a very informal presentation. This session is designed to allow the participants to see what other jurisdictions are encountering in clandestine labs. No abstract is required to participate; however, you should reserve a spot on the program as space is limited. Thursday, Sept. 10 Morning The morning will feature a General Analytical Workshop featuring: 1. Linton von Beroldingen, Oregon State Police Forensic Lab – Portland, OR Mr. von Beroldingen will be speaking on the use of polarized light microscopy for the identification of organic and inorganic substances seized in clandestine laboratories. 2. Pamela Smith, DEA Southwest Lab – National City, CA Ms. Smith will be presenting a discussion on depth of analysis of clandestine laboratory samples. 3. Donn Christian, Arizona DPS Crime Lab – Phoenix, AZ Mr. Christian will be presenting a discussion on courtroom testimony in clandestine laboratory cases. Afternoon The afternoon will feature the Poster Session in the vendor’s room. Technical poster presentations will be set up in the area of the analytical instrument and support materials vendors. This will allow the attendee to read and discuss on a one to one basis with the authors of the posters, and discuss analytical topics with major scientific vendors.

1992 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 2 NUMBER 3 — JULY 1992

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Friday, Sept. 11 Morning The Technical Paper presentations start on Friday morning and will go until noon.

Law enforcement officers, narcotics investigators, and prosecutors may attend the Wednesday LSD session for $25 per person. Advanced registration is strongly advised, as space is limited. Payment will be accepted at the door.

Afternoon If needed, the presentation of technical papers may spill over into the first couple of hours of the afternoon. For members of CLIC, a Business meeting will also be held after the technical papers.

FOR MORE INFORMATION

Saturday, Sept. 12 Morning The presentation of Technical papers continues until noon. The Training Seminar officially ends at noon.

ABOUT THE MEETING SITE The meeting will be held at the historic Stockyards Hotel, built in 1907 and extensively renovated in 1984. It offers comfortable guest rooms in an Old West setting amid polished brass, stained oak, and the original tin ceilings. The Fort Worth Stockyards is the setting of the now-gone Armour and Swift packing houses, the architecturally famous Livestock Exchange, the world-renowned Cattlemen’s Restaurant, Billy Bob’s Texas, and the Cowtown Museum – home of the world’s first indoor rodeo. The Stockyards has 52 guest rooms and we have reserved the ENTIRE hotel for this meeting. Because of the limited space, you should book your reservation as soon as possible. Rooms will be offered on a first-come basis. All rooms (excluding suites) will be $65 for a single or double. There are eleven double-double rooms and eight suites, along with 33 standard king rooms. Some rooms will be available through Saturday night. To make your reservation, you may call the Hotel at 1-800423-8471. Be sure to indicate you are attending the CLIC meeting to insure this great rate! CLIC has reserved American Airlines as the official airline of the meeting. American is offering 40% off the normal fare with a 7 day advance purchase for travel within the US; and 35% off the normal fare with a 7 day advance purchase for travel from Canada. To make reservations, call American Airlines at 1-800433-1790 and refer to Star File Number S01928H as the reference fare basis.

REGISTRATION Advanced registration is requested. Binders containing reference materials from the workshops, poster session, and technical paper session will be provided to full conference attendees. To make sure you have a binder reserved for you, send in your registration as soon as possible! The cost of the four day conference is $125 per person. This price includes all workshops, poster session, technical paper session, and train-ride dinner on Friday night. Payment will be accepted at the door – cash, checks, or purchase orders will be accepted.

VOLUME 2 NUMBER 3 — JULY 1992

This training seminar is being hosted by: Max Courtney and Staff Forensic Consultant Services PO Box 11668 Fort Worth, Texas 76100 (817) 870-1710 voice (817)338-0908 fax For information regarding the technical program, contact: Roger A. Ely DEA Western Lab 390 Main Street Room 700 San Francisco, CA 94105 (415)744-7051 voice (415)744-7055 fax

RECENT U.S. FEDERAL COURT DECISIONS

CORNMEAL MIXED WITH COCAINE IMPROPERLY INCLUDED IN WEIGHT OF SUBSTANCE FOR SENTENCING PURPOSES United States v. Robins 9th Cir.; June 24, 1992 Full text: Pg. 5483 Vacating a district court judgment of sentence and remanding for resentencing, the court of appeals held that the district court erred in including the weight of cornmeal mixed with cocaine possessed by appellant at the time of his arrest in determining sentence under Guidelines section 2D1.l(c)n. Appellant Lejon Robins pled guilty to possession with intent to distribute phencyclidine (PCP) under a plea agreement. At the time of his arrest Robins also possessed two packages containing 2,779 grams of cornmeal and one-tenth of a gram of cocaine. At sentencing, the district court considered the cornmeal and cocaine to be a “mixture” containing a controlled substances under Guidelines section 2D1.l(c)n and included its weight in calculating Robins’ sentence. Robins argued the district court should not have included the weight of the cornmeal in its sentencing calculation. Although 2D1.1 generally provides that the weight of a controlled substance set forth in the drug quantity table refers to the entire weight of any mixture or substance containing a

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION detectable amount of the controlled substance, neither the statute under which Robins was convicted or the guidelines section define “mixture or substance.” However, in this case, because cornmeal is yellow and cocaine is white the two substances were easily distinguishable. In addition, the cornmeal was not a tool of the trade as the Supreme Court characterized in Chapman. Because the cornmeal had to be separated from the cocaine before it could be effectively used, it was thus the functional equivalent of packaging material not to be included in the weight calculation. Here, it could not reasonably be argued that Robins used the cornmeal to dilute the cocaine because the undisputed facts showed that the sole purpose of the cocaine was to mask the identity of the cornmeal [sic]. Consequently, this “mixture” was not a drug product moving through the chain of distribution in the manner envisioned by Congress. Accordingly Robins’ sentence was vacated and the matter remanded for resentencing. BEFORE: Nelson (Circuit Judge), Pregerson (Circuit Judge) and Thompson (Circuit Judge) AUTHOR:Thompson

DRUGS NOT CHARGED IN INDICTMENT PROPERLY USED TO DETERMINE SENTENCE United States v. Sanchez 9th Cir; June 24, 1992 Full text: Pg. 5485 Affirming a district court judgment of sentence, the court of appeals held that the district court did not err in sentencing appellant for amounts of heroin which were not the basis for the offense of conviction. Appellant Kaul Alexander Sanchez was convicted of the charge of distributing heroin. At sentencing, the district court included other amounts of heroin distributed by Sanchez even though he had not been charged for that conduct. Sanchez argued that the district court erred by sentencing him for transactions involving those distributions because they failed to qualify as relevant conduct under the Sentencing Guidelines; that even if they did, the resulting enhancement was so extreme as to require a higher standard of proof than the one the district court used. Guidelines section 1B1.3 directs the sentencing court to determine the base offense level for drug crimes on the basis of all such acts and omissions that were part of the same course of conduct or common scheme or plan as the offense of conviction. Here, the government presented substantial evidence linking Sanchez to quantities of heroin seized but for which he was not indicted. This evidence was much more substantial than the evidence in the one case cited by Sanchez that did not attribute certain drugs to the defendant. Thus, the district court did not err in determining that the government proved by a preponderance of the evidence that Sanchez was part of a joint venture to distribute drugs. Nor did the district court err in determining that the uncharged drug

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transactions were in furtherance of a joint venture and reasonably foreseeable to Sanchez. In addition, the use of the preponderance of the evidence standard in sentencing proceedings generally satisfies due process. Thus, Sanchez’s sentence enhancement complied with Restrepo II’s mandate. BEFORE: Crocker (District Judge, sitting by designation), Goodwin (Circuit Judge) and Wallace (Chief Judge) AUTHOR: Wallace

LAX: A NEW DRUG F.M. HICKEY AND M.R. HICKEY The Pharmaceutical Journal April 18, 1992; Page 497 Sir: LAX is an illicit drug newly available in the United Kingdom. It has so far appeared in Plymouth and Norwich. LAX is an acronym for levo-acetyl-3,4-methylenedioxyisoprenaline [sic] hydrochloride. The illicit manufacturers, who we believe to be based in The Netherlands, claim that the drug is a variant of Ecstacy (3,4-methylenedioxymethylamphetamine, MDMA) which supposedly possesses the psychotropic effects of MDMA without any of its amphetamine–like effects. As such, LAX is claimed to be a new drug “which can open new doors in personal development.” We know of two people who have taken this drug, one on more than one occasion. Both anticipated MDMA-type side effects but reported that they experienced no sleep disturbances, palpitations or loss of appetite. LAX is being pushed as a “clean” form of MDMA. The dealers’ information, which we possess, goes on to state that “even though there have been no reported side effects, caution should be exercised when using this or any drug! LAX is not recommended for pregnant women or persons on high blood pressure medication.” The “recommended” dose is 25 mg and it is pointed out that higher doses are often hallucinogenic. The manufacturers even go as far as to give recommended further reading! The dealers’ information suggests more than a layman’s knowledge of pharmaceutical chemistry, but it is filled with typing errors and could easily be inaccurate. The chemical formula given suggests that the drug may be a derivative of methylenedioxyamphetamine (MDA) and not MDMA. MDA is listed in Martindale as tenamfetamine. Like MDMA, MDA is chemically related to mescaline and amphetamine and has been widely misused under such names as Mellow Drug of America, the Love Drug, and the Love Pill. MDA has effects similar to both LSD and amphetamine. When the optical isomers of MDA were examined in animals, the

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VOLUME 2 NUMBER 3 — JULY 1992

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION LSD-like properties were related to the levo-, or R, isomer whilst the effects of the dextro-, or S, isomer were more like amphetamine [1]. Dextro– forms of amphetamine (e.g., dexamphetamine) appear to be the more potent enantiomer [2]. Therefore, by isolating the levo– isomer it would be possible to minimize any amphetamine–like effects whilst maximizing the psychedelic effects. It is important that health care workers be aware of the existence of LAX, as patients may present in need of help. Although LAX is claimed to be free of amphetamine–like effects, the illicit manufacturers may not be as good chemists as they claim to be and cardiovascular side effects should be anticipated. Lastly, if LAX is what it is claimed to be, the levo– isomer of the acetyl derivative of MDMA (or MDA), we are unclear if it is covered by Schedule 2 of the Misuse of Drugs Act and so may actually be legal [3]: an amendment to the schedule may be required. We will not, of course, know precisely what LAX is until “official” analysts obtain samples of it.

MULTIPLE METHODS ENCOUNTERED IN VICTORIA

REFERENCES 1.

2. 3.

described. The process involves forming the Grignard reagent benzylmagnesium chloride and reacting it with acetaldehyde then reacting this product with methylamine to give methylamphetamine. Theoretically this synthesis should not work and duplication of the synthesis in our laboratory failed to produce any methylamphetamine. GC/MS analysis of the final reaction mixture identified traces of N-methylbenzylamine and 1-(2-chloroethyl)-2-(phenylmethoxy)-benzene. The recipe and diagrams were taken from the underground publication “The Whole Drug Manufacturers Catalogue” from Prophet Press. Other items of interest found at the house included Chemical Abstracts references to MDMA manufacture, a flask of dark liquid containing safrole and a photocopy of the DEA publication “Investigations of Clandestine Drug Manufacturing Laboratories”. Max Offer Forensic Science Lab - Chemistry Centre W. Australia

Nichols, D.E., “Differences Between the Mechanism of Action of MDMA, MBDB, and the Classic Hallucinogens. Identification of a New Therapeutic Class: Entactogens,” Journal of Psychoactive Drugs, Volume 18, 1986, pp. 305313. Bowman, W.C., and Rand, M.J., Textbook of Pharmacology, 2nd Edition, Oxford: Blackwell Scientific, 1980, pp. 42-82. Dale, J.R. and Appelbe, G.E., Pharmacy, Law and Ethics, 4th Edition, London: The Pharmaceutical Press, 1989, pp. 443-448.

LABORATORY SEIZURES

GRIGNARD SYNTHESIS OF METHYLAMPHETAMINE IN WESTERN AUSTRALIA Information from a chemical supply company led to a raid on an isolated farmhouse in the south west of Western Australia in November 1991. A collection of laboratory glassware and equipment as well as a number of chemicals and reagents were seized. These included benzyl chloride, acetaldehyde, methylamine, magnesium turnings, iodine and ether. A recipe and diagrams found at the scene gave a detailed description of the synthesis of methylamphetamine via a Grignard reaction. The laboratory apparatus set up at the scene agreed with the diagrams and was suitable for carrying out the synthesis

VOLUME 2 NUMBER 3 — JULY 1992

Since 1990 there have been of the order of twenty clandestine drug laboratory seizures in Victoria (Australia). Three–quarters of these laboratories were producing methylamphetamine, the bulk of which used the pseudoephedrine, hydriodic acid, and red phosphorus method. In some of these enterprises the pseudoephedrine was obtained from “Sudafed” tablets, available as “over-the-counter” products at pharmacies. Hydriodic acid has usually been purchased but there have been a few instances of preparing hydriodic acid from red phosphorus, iodine, and water with one group using the proportions of 100 grams, 500 grams, and 400 milliliters respectively. The other method encountered is a reductive amination after preparation of P2P from phenylacetic acid, acetic anhydride, and sodium acetate. The P2P is then reacted with methylamine, aluminum foil, mercuric chloride, and methanol. The remainder of the laboratories produced amphetamine via the Leuckart method and one instance of the allylbenzene acetonitrile In the above enterprises there have been four instances of using stainless steel vessels ranging in capacity from 20 liters to 100 liters. Michael Perkal State Forensic Science Lab - Macleod, Victoria Australia

“ECSTASY” LAB TAKEN DOWN DESPITE BOOBY TRAPS On April 21, the New York State Police, in conjunction with the Albany Resident Office of the Drug Enforcement Administration, concluded a two month investigation into the operation of a clandestine laboratory in an upstate rural area of Schoharie County, N.Y. The lab, which was located on an extremely

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION isolated property in the Town of Blenheim, was utilized to manufacture the hallucinogenic stimulant drug, 3,4-methyldioxymethamphetamine [sic], commonly called “Ecstasy.” “Ecstasy” is a designer drug, a synthetic substance in white powder form which functions as a mild hallucinogenic, mood altering stimulant. This drug is also known as MDMA, “X” or the “Love Drug” and seems to have attained limited popularity on some college campuses and nightclubs. “Ecstasy” sells for approximately $20,000 per kilogram and is usually sold in tablet form for $15 to $25 per tablet. An early morning raid was conducted on this lab utilizing the tactical teams of the N.Y. State Police, DEA Albany and the DEA Clandestine Laboratory Enforcement Team to penetrate the lab site and apprehend two New York City residents. Special raid precautions were taken by all participating law enforcement personnel since the lab was currently operational and the defendants had established sophisticated perimeter sensors, traps and video surveillance around the lab site in order to provide an early warning of any law enforcement or other individuals attempting to enter the area. This lab was also equipped with several “booby traps” which were to be activated to destroy the laboratory in the event of intervention by law enforcement officials. A gasoline explosive device was established within the lab to destroy the chemicals if necessary. The lab site contained numerous types and quantities of chemicals, including some highly volatile and toxic chemicals such as 30% peroxide, isosafrole, toluene, acetone, alcohol and formaldehyde. DEA chemists were present to stabilize and dispose of these chemicals. Experts estimated this lab contained enough chemicals to produce 50 pounds of “Ecstasy.” This lab represents the largest “Ecstasy” clandestine laboratory operation in the Northeastern United States. The final product was destined to be distributed in New York City and Europe. This lab is one of several sophisticated clandestine drug laboratories discovered in upstate New York over the past seven years. The rural and often secluded setting of these labs allow their operation without attracting the attention of neighboring residents or area law enforcement. Major cocaine processing labs were found in Minden, Montgomery County; the Otsego Community of Fly Creek; in Danube, Herkimer County; and in the Town of LaGrange in Dutchess County, N.Y. Additionally, a large methamphetamine lab was discovered being operated on a 100–acre farm in Schoharie County. These labs not only produce illicit narcotics but also produce environmental problems when the chemicals used are dumped directly into the soil and surface waters at these lab sites. The LaGrange lab, which operated from a private residence, contaminated the ground waters nearby when the perpetrators dumped cocaine products and raw chemicals into the septic system. At another lab site the perpetrators dumped excessive amounts of chemicals into the soil in the hope of discouraging law enforcement officials from seizing the 100–acre property. The “Ecstasy” lab at Blenheim, although sophisticated, was extremely unsanitary and unstable. The defendants in this case will be prosecuted federally in the

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Northern District of New York. They have been charged with illegal manufacturing of a controlled substance and possession of a controlled substance with the intent to distribute. Narcotics Control Digest, June 17, 1992, page 6

CA DOJ LABORATORY AT CHICO MEETS “WILLIE PETE” On May 19, 1992, the California Department of Justice Laboratory at Chico was involved in the processing of a methamphetamine laboratory operation were a reaction vessel superheated and exploded. The methamphetamine reaction mixture along with yellow phosphorus was deposited all over the room in which the cooking took place. Contaminated items associated with the cooking operation were taken outdoors. The atmospheric conditions and temperature were such that the yellow phosphorus residues began to spontaneously ignite producing several small fires. The temperature outdoors was between 80 and 90°F and the objects were wet from the fire fighting effort. As they dried in the sun, the ignitions took place. Hydriodic acid and ephedrine were also found at the lab site. “Willie Pete” is a slang term for white phosphorus. White phosphorus and yellow phosphorus are synonymous for elemental phosphorus (P4) having a white to yellow appearance. Stephen T. Bentley CA DOJ Crime Lab – Chico, CA

ROAD FLARES USED AS SOURCE OF RED PHOSPHORUS During a recent ephedrine – hydriodic acid lab seizure in the Lassen County area of northern California, a large quantity of road flares were noted but the investigators paid little attention to them. Following the seizure, the informant chastised the officers for not taking the road flares as evidence. The informant indicated that as the chemicals used in the ephedrine process are getting harder and harder to get, street chemists are turning to anything that will work. Hence, the road flares are being used for the red phosphorus that is found on the plastic end cap which is used to activate the flare. Dan Largent CA Bureau of Narcotics – Redding, CA

RECIPE FOR MAKING HYDRIODIC ACID SEIZED Below is a copy of a purported method of making 58% hydriodic acid, aqueous. This would appear to involve hazardous procedures: (1) the reaction of red phosphorus and iodine; (2) the

1992 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 2 NUMBER 3 — JULY 1992

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION release of hydrogen iodide gas; and (3) the combining of HI gas with water to form the solution. Members of all forensic services division facilities and criminal division personnel who may be responding to clan labs should beware of this process. This recipe was allegedly obtained from an informant and was sold from crook to crook for $300. (Editor’s Note: The following procedure is verbatim from a handwritten recipe) “Hydriodic In a large two neck flask (5000 ml) mix 1 LB. Iodine crystals with 36.5 g red phosphorus. Slowly. Very active reaction forming phosphorus tri-iodide. Mix an equal amount (volume) of sand if needed. Set up a drip from an addition funnel with 63.5 g -H2O. HI gas is released. Gas from flask flows through 2-U-tubes. The first is filled with pieces of glass coated with red phosphorus to catch any mist (water vapor) or excess Iodine gas. The second is filled with calcium Iodide to dry gas. Then through a back sucking breaking device. And bubbled through 327 g H2O heated to 128°C (distill temp) it equalizes at 58%.” Linton von Beroldingen OSP Forensic Laboratory – Portland, OR

BURIED LAB SITES IN THE HIGH DESERT OF SOUTH CENTRAL CALIFORNIA At least three investigations of clandestine drug laboratories in high desert areas of Kern and San Bernardino counties have contained underground sites associated with the manufacture of methamphetamine from ephedrine using hydriodic acid and red phosphorus. The underground sites have been observed to be used as storage facilities for chemicals, glassware, equipment, weapons, and suspected stolen car parts. One site was buried with only a few inches of top soil and then was covered with a rudimentary plywood structure which protected it from aerial surveillance. Two others were buried at least three feet deep and were also concealed with buildings of very simple construction. Access to each of the deeper chambers required moving a couch and lifting a panel of plywood flooring. The size of the chambers were all about 6 feet deep, 6 to l0 feet wide, and 8 to 10 feet long. The soft soil was shored up with 4 by 8 foot plywood pieces braced with 2 by 4 inch lumber. None of these sites had active reflux or filtration processes in progress and are assumed to be storage facilities only. One site stored a partially set up system capable of simultaneously running 8 – 22 liter reflux reaction vessels. Chemical solutions in glassware were still quite wet despite hot desert temperatures. Two or more of these buried sites were observed at each location. Simpler, unreinforced pits, either opened or merely covered with a board, were also observed. Jerry Massetti CA DOJ Crime Laboratory – Fresno, CA

VOLUME 2 NUMBER 3 — JULY 1992

BURIED LAB SITE FOUND IN SAN BERNARDINO COUNTY, CALIFORNIA On June 25, 1992, California Department of Justice Laboratory personnel from the Riverside Laboratory were requested by the Riverside Office of the Bureau of Narcotic Enforcement (BNE) to assist in the investigation of a clandestine laboratory located in the county of San Bernardino. At that location, buried underground in an out–building and locations around the out—building, there were numerous items commonly used in the clandestine manufacturing of methamphetamine. These items included: 8 – 22 liter reaction vessels complete with heating mantles, condensers, heating controls, 3 plastic 55 gallon barrels modified for use as separatory funnels, bottles labeled “red phosphorus,” respirators, 3 – 3 gallon vacuum flasks, 3 vacuum pumps, 3 Büchner funnels, filter paper, possible Freon, possible sodium hydroxide, possible hydrochloric acid, a HCl gas cylinder, a possible filtered reaction solution, a 6.5 kW Honda generator, and possible ephedrine The items of special note were the 3 plastic 55 gallon containers. The containers were modified by removing the tops of the containers so liquid can be easily added at the top and then a spigot was used to draw off the processed liquid from the bottom. Subsequent laboratory analyses of the residues showed methamphetamine and reaction by-products commonly associated with a hydriodic acid – red phosphorus reduction of ephedrine procedure. The presence of these three large barrels strongly suggest a very large scale operation. Inspection of the out-building and the area around for signs of chemical contamination usually found with a clandestine lab site yielded stains on the wall and an outline of a 22 liter heating mantle on a work bench. There was also a chemical dump site containing numerous crushed and empty containers in the nearby area. Richard Takenaga CA DOJ Crime Laboratory – Riverside, CA

COLORADO LAB SEIZURES NOTED; BETTER YIELD OF EPHEDRONE REPORTED Several clandestine laboratories have been seized in the state of Colorado this year: ✔ A Grand Junction methamphetamine via P2P laboratory was seized. The laboratory had a capacity of producing 200 pounds of methamphetamine. No finished product was recovered, only precursor chemicals. ✔ A methamphetamine via P2P laboratory was seized in La Junta was capable of producing 12 pounds of product, however, only precursors were recovered.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION ✔ Two boxed laboratories were seized in Lakewood. These labs were capable of producing small quantities of methamphetamine using the P2P method. ✔ A non-operational set-up laboratory in Lyons was discovered. The lab was producing methamphetamine via the P2P method. ✔ A methamphetamine via P2P laboratory was seized in Thornton. The lab was capable of producing 25-30 pounds of product, 2-3 pounds of methamphetamine was seized in the raid. This laboratory was associated with the “Sundowners” motorcycle gang. Several businesses in Colorado are selling unusually large quantities of ephedrine tablets. It is unusual that no ephedrine reduction labs have been seized in Colorado this year. All of the above labs were synthesizing their own P2P with phenylacetic acid. One note of interest is I synthesized a methcathinone standard using the procedure outlined in the Journal of Forensic Sciences, Volume 36, Number 3, May 1991, pp. 915-920. I, too, recovered approximately a 50% yield of product with the remainder being starting material. I was able to quantitatively synthesize the methcathinone via a Jones oxidation of ephedrine. The Jones reagent was prepared using commercially available “Chromerge” solution, diluted sulfuric acid, and reagent grade acetone as the reaction solvent. The reaction was left overnight at room temperature. Jones oxidations are usually complete in 1 to 2 hours, so a shorter reaction time would probably be suitable. Tim McKibben Aurora Police Depart. Crime Lab – Aurora, CO

3-METHYLFENTANYL LAB SEIZED NEAR MOSCOW Word comes from a reliable source in Europe of the recent seizure of a clandestine 3-methylfentanyl laboratory near Moscow. The seizure resulted in the confiscation of nearly 600 – 4 ml vials containing an aqueous solution of 3-methylfentanyl. Reportedly, the 4 ml vial was to be diluted to 20 liters for use, resulting in a 0.05% working solution. The method of ingestion was not stated. At onetime, similar vials were surfacing on the streets of Moscow containing methadone. Street price of a 4 ml vial is 1000 rubles (exchange rate is approximately 140 rubles $1)or about $7. This might not seem like much, but the monthly wage of a state forensic scientist in Moscow is about $32 per month. This large seizure appears to confirm earlier reports of widespread abuse of fentanyl and its analogs in the former Soviet Union. The source also indicated they were seeing more “underground” labs, especially ephedrine-based labs. It was not clear if these ephedrine labs were reduction labs (resulting in methamphetamine) or oxidation labs (resulting in methcathinone). Allen, et al, report widespread abuse of methcathinone in Russia (Journal of Forensic Sciences, Volume 36, Number 3, May 1991,

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pp 915-920). Precursors and reagent chemicals are coming out of Azerbaidzahm and Byelorussia, with universities supplying chemicals as well. There are no chemical control laws in the Commonwealth of Independent States. Several university students were recently arrested in Moscow manufacturing in their chemistry lab. What they were manufacturing was not stated. In addition to 3-methylfentanyl and methcathinone, Moscow is seeing such drugs as heroin, opium, cocaine, cocaine base, and morphine being abused.

CHICO BUSY WITH LAB SEIZURES The following represents recent clandestine laboratory activity involving the California Department of Justice Laboratory, Chico: April During the month of April, five laboratory seizures were made. All five laboratories were using the hydriodic acid – red phosphorus reduction of ephedrine to methamphetamine. One laboratory was processing ephedrine and methamphetamine when a flash fire occurred. It is believed that toluene vapors ignited and caused the fire. May Nine methamphetamine related seizures were made in May. Two of the seizures were vehicles transporting materials related to methamphetamine processing; two involved the recovery of ephedrine from tablets including a 240 pound controlled delivery, and a lab where the methamphetamine was being recrystallized from cold acetone. All nine labs were using the hydriodic acid – red phosphorus method. June Things slacked off a little and only six laboratories were seized. One lab involved the extraction of ephedrine from tablets and another used a makeshift HCl gas generator for the powderout step. While all six labs were ephedrine reduction labs, two were generating their own hydriodic acid type solution by using hydrochloric acid, iodine crystals, and red phosphorus. July Only four laboratories were seized during the month of July. One lab was a processing operation only, another was discovered in a storage locker and held approximately 70 gallons of Freon; and an ephedrine processing lab and methamphetamine synthesis lab were found in an apartment complex. Don Dunbar CA DOJ Crime Lab – Chico, CA

1992 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 2 NUMBER 3 — JULY 1992

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ALTERNATIVE METHOD FOR ACCESSING DIETHYL ETHER CANS DALE MANN

RAY KUSUMI

WSP Crime Laboratory 930 Tacoma Ave. So. Rm-B70 Tacoma, WA 98402

WSP Crime Laboratory 2nd Floor, Public Safety Building Seattle, WA 98104

Due to the potential for the formation of explosive peroxides on extended storage of diethyl ether, local regulations often make the handling of these containers at clandestine drug laboratories more cumbersome than their evidentiary value should justify. Cans which are obviously old — tarnished, rusty, or dusty — are especially troublesome. Local hazardous materials disposal companies will not transport cans labeled Et2O until they are satisfied there is no explosive potential – meaning these have to be opened. State chemists are not allowed to open such cans and police agencies are hesitant to call in their bomb units. Often, the “safe” method of opening Et2O cans is to transport them in a bomb trailer to a designated site and either shoot them or detonate them. These methods often contaminate the local environment, may not leave a sample for the chemist, and generally takes a lot of time and effort. An experiment was designed to test an alternative method for rendering Et2O cans safe which is fast, cheap, environmentally sound, and will not destroy the evidence. The following procedure was tested to remotely open Et2O cans: 1. 2. 3. 4. 5.

Approximately 3” absorbent poured into a five-gallon drum. Et2O can placed in the drum. #6 electric blasting cap securely taped to lid of Et2O can. Additional absorbent added to cover can and blasting cap. Remote discharge of blasting cap.

Eight tests were performed using one-liter Et2O cans. Et2O volumes ranged from approximately 50 ml to 1 liter, Et2O temperatures ranged from approximately 50°F to approximately 100°F. This procedure produced a neat hole in the lid of each can. Essentially no ether was spilled, nor was any involved in fire or other reaction. The liquids could be easily sampled and would be acceptable to the disposal company. The absorbent insulated the

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blast such that there was a small “poof” and small cloud of dust. The procedure takes about ten minutes but does require a technician from the local bomb unit. NOTE: Be careful to use a #6 electric blasting cap. You need sufficient strength to puncture the lid of the can but not so much power that the absorbent is insufficient to dampen the “slug/jet” effect of the cap (allowing penetration of the containment drum). Also, residual heat from a safety fuse may present an undesirable delayed ignition of vapors from the ether can. A piece of cardboard lightly taped to the top of the drum and a sheet of plastic under the drum would catch virtually 100% of the absorbent – leaving a scene with no contamination. The mechanics of a high order explosion coupled with the flammability range of ether and requirements for a vapor explosion leaves little possibility of a fire or other explosion in an open air situation. This technique should not be used in a situation where flammable vapors are present. The presence of peroxides was approximated by wrapping a 3” x ¼” sheet of plastic explosives around the lid of the can with a #6 blasting cap taped in direct contact. The overpack drums were prepared in an identical fashion as the initial experiments. The resulting blasts were more pronounced and the Et2O cans heavily damaged. The tops of two of these cans were blown off (the rolled seams unrolled from internal pressures). Despite this increased blast, the Et2O was not involved in any fire or explosion. In each case, about 200–300 ml of Et2O splashed out of the can, but was absorbed by the overpacking material. In no case was there any Et2O spilled outside of the 5 gallon containment drum. Sampling and disposal of the contents again would be easy to accomplish. Specific information on the blasting techniques can be obtained by calling: Trooper Joe Walterscheidt Hazardous Device Technician Washington State Patrol (206) 457-7334

1992 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

SEIZURE OF BURIED LABORATORIES ON THE RISE; CONFINED SPACE CREATES EXTREME SAFETY HAZARD In October 1990, a school bus buried 15–20 feet underground was discovered in a rural area of western Riverside County, CA. The school bus contained a clandestine methamphetamine laboratory crammed full of unmarked containers of solutions, unknown chemicals, waste, and equipment. Processing of the laboratory took several days as the bus was excavated. In July 1991, a semi-trailer containing a clandestine methamphetamine laboratory was seized in eastern Contra Costa County, CA. Access to the lab was through a small opening hidden underneath a piece of plywood near heavy equipment. The laboratory was manufacturing methamphetamine via the hydriodic acid reduction of ephedrine. In June 1992, an underground methamphetamine laboratory was seized in Hawthorne, Nevada. The lab was an eight-foot square metal cargo container buried beneath a semi–van. Entry into the lab was through an 15 x 17 inch opening in the bottom of a metal locker and down a rickety ladder. Ventilation was provided by a 1-1/2 inch plastic pipe near the entry of the space. The lab was manufacturing methamphetamine using the hydriodic acid – red phosphorus method. Also in June 1992, another underground ephedrine – hydriodic acid laboratory is found in Riverside County. This large scale operation used several 55 gallon barrels as separatory funnels. In the past five years, law enforcement has stepped up its efforts to discourage clandestine drug manufacturers from engaging in their practice by restricting, controlling, or regulating their precursors and supporting chemicals. In 1980, the United States government placed phenylacetone in Schedule II of its controlled substances act in a effort to stop the illicit manufacture of amphetamine and methamphetamine. While this action did remove phenylacetone from the ready availability of the illicit chemist, it did not discourage the chemist from seeking ways to circumvent the restrictions – synthesizing their own phenylacetone. So now, it is common for the clandestine chemist to engage in the manufacture of phenylacetone. Many states, in response to the increase in illicit synthesis of phenylacetone, have controlled phenylacetic acid. To this end, clandestine chemists now manufacture their own phenylacetic acid from benzyl cyanide, methylphenylacetate, or ethylphenylacetate. Benzyl cyanide is being watched by some jurisdictions, resulting in the use of benzyl chloride as the starting material for a four step process to methamphetamine. On the other hand, some chemists are abandoning the phenylacetic acid route in favor of the more pleasant smelling benzaldehyde – nitroethane route to phenylacetone. One of the major factors leading to the discovery of a clandestine drug laboratory has been the detection of odors generated from the process by individuals not associated with the opera-

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tion. Neighbors have often put up with noxious odors coming from a location until they can no longer tolerate it and report it to law enforcement. Clandestine drug chemists have gone to great lengths to suppress odors: elaborate air filtration systems using kitty–litter, venting the odors into waste stacks, and seeking more remote locations to perform the syntheses. The extrapolation of the above ground laboratory to a secreted underground facility is a logical conclusion. Safe from sight and casual probes, the underground lab provides an excellent facility to the chemist. However, these underground facilities are potential death-traps to the agent and chemist charged with investigating the site. Ten years ago, few law enforcement personnel thought about putting on personal protective equipment when working in these harsh environments. Yet, largely through the efforts of Special Agents Patrick Gregory and Dan Largent, law enforcement agencies were forced to view these investigations as specialized hazardous situations. From this, individuals responsible for such investigations were trained and equipped with personal protective equipment. Yet, little has been said about the proper and safe way to work in a confined space environment. To help you make a better informed choice, the information on the following pages deals with the topic of safely working in a confined space.

RECOMMENDED READING 1. 2. 3. 4. 5.

“Confined Space Hazards Dictate Employee Training Improvements,” Occupational Health and Safety, July 1987, pp. 21-28. “Invisible Confined-Space Hazards Require Comprehensive Entry Program,” Occupational Health and Safety, August 1990, pp. 38-51. “OSHA Seeks to Regulate Rescue With Updated ConfinedSpace Rules,” Occupational Health and Safety, August 1991, pp. 20-23. “Confined Space No Place to Cut Corners,” Occupational Health and Safety, August 1991, pp. 24. “Confined Space Emergency,” a video tape from Emergency Film Group, 225 Water Street, Plymouth, MA 02360, 1-800-842-0999, (508) 746-5220 - FAX. Free catalog describing other emergency response videos is available.

1992 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 2 NUMBER 3 — JULY 1992

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CONFINED SPACE SAFETY AND THE CLANDESTINE LABORATORY BRUCE LAZARUS, C.I.H. Director Of Industrial Hygiene Services Network Environmental Systems 13407 Folsom Blvd., Suite B Folsom, CA 95630 The increase in the number of clandestine laboratories identified in buried, subterranean, abandoned mine or other confined space locations indicates two critical considerations for the investigator. First, the criminal element is becoming dangerously more active at concealing their illicit activities. Second, with increasing attempts to hide clandestine laboratories, their physical locations and conditions create confined space environments which present serious entry hazards to field investigative personnel which may be potentially fatal. By definition a confined space is any location that satisfies the following criteria: (1) the environment is inadequately ventilated; (2) there is limited ingress and egress to and from the location; and, (3) the environment may contain or generate a flammable, toxic and/or oxygen deficient atmosphere (i.e. dangerous atmosphere). Because of the covert nature of location and concealment, many laboratory sites satisfy this definition. As such, entry into any clandestine laboratory location considered a confined space without evaluating the atmosphere and utilizing appropriate personal protective clothing and respiratory protection may be fatal. Investigators should remember that although confined spaces are typically associated with industrial operations, confined space entry accidents are one of the ten most common causes of occupational fatalities in the United States. In most confined space fatality incidents, field personnel failed to recognize the entry environment as a confined space and to test the atmosphere prior to entry. In addition, approximately one– third of all fatalities occur to supervisors. In response to this hazard, many national consensus standards have been developed for confined space operations. Both the American National Standards Institute (ANSI 2117.1-1977) and the American Petroleum Institute (API No. 2217) have promulgated recommended standards for the safe entry into any type of confined space. In addition, many state occupational safety and health programs have issued enforceable labor standards for confined space operations. For example, the California Occupational Safety and Health Administration (Cal-OSHA) developed a concise standard more than ten years ago. The Cal-OSHA standard is codified in Title 8, California Code of Regulations, Article 108 and describes the hazards and specific safety procedures which must be followed prior to entry into any confined space. Unfortunately, no federal counterpart exists at this time. The Federal Occupational Safety and Health Administration (OSHA) proposed development of a confined space standard as early as

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1978. However, to date, OSHA has not taken regulatory action to issue a final (or interim, enforceable) standard. Even with the lack of a specific standard, OSHA can (and does) enforce compliance with basic confined space entry safety procedures through the general duty clause of the Occupational Safety and Health Act (Public Law 91-596). However, independent of the status of the federal proposed standard, confined space hazards must be identified and personnel protected during entry. Therefore, all field investigators, whether federal, state or local agency personnel, should implement basic field safety procedures at any clandestine laboratory site suspected of meeting the definition of a confined space. The components of an effective confined safety program (and which comply with both the current Cal-OSHA regulations and proposed federal OSHA standard) include the following: 1.

Prepare and implement a written safety program (i.e. standard operating procedures) for entry operations.

2.

Train all personnel in confined space recognition, hazards (chemical and physical), atmosphere testing requirements, use of an entry permits, control of hazards through ventilation and use of personal protective equipment, and emergency procedures.

3.

In the field, evaluate any laboratory environment in relation to the basic confined space definition, (i.e. inadequate ventilation, limited egress and potential dangerous atmosphere).

4.

Test and evaluate any confined space prior to entry (or in the case of laboratory sites, as entry is being made during assessment and/or initial raid of unoccupied locations).

5.

Maintain a record of all atmospheric testing performed at the location. This record is frequently referred to as an “Entry Permit”, and must be kept at the entrance to the confined space during entry. In addition, this record should be retained after the operation, along with other safety records.

6.

If a confined space atmosphere cannot be guaranteed to be free of all dangerous air contaminants, or flammable and/or oxygen deficient atmospheres, it should not be entered without the use of self-contained breathing apparatus (SCBA) and implementation of specific emergencies procedures. In

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION addition, it should be noted that any confined space containing a flammable atmosphere exceeding 10% of the lower explosive limit (10% LEL) should not be entered until the atmosphere is ventilated, the source of the explosive atmosphere controlled (if possible) and the atmosphere reduced to less that 10% LEL. 7.

Unless otherwise indicated due to unique laboratory hazards (i.e. highly toxic laboratory types), all confined spaces should be continuously ventilated to improve and/or maintain the atmosphere as safe, independent of respirator use.

8.

Develop and implement emergency procedures in the event of explosion, fire, accident and/or chemical exposure. These procedures include the use of a safety stand-by, staging of emergency equipment (independent air supply, first aid kit, etc.), pre-arranged access to emergency medical care, providing at least one CPR / first-aid trained person on-site and use of emergency extrication procedures and equipment.

Identifying clandestine laboratory sites that are confined spaces is the first step in acting to enter the location safely. By implementing the above listed components of a confined space safety program, the potential for a serious or fatal incident can be avoided. The real concern is not compliance with regulations or national consensus standards, but the protection of personnel during the field investigation of clandestine laboratories.

FELONY CONVICTION IN BURBANK CONFINED SPACE ACCIDENT CAL/OSHA News Volume 5, Number 4, November 1981 On May 5, 1980, two Burbank city workers entered a confined space (a manhole) at the Burbank Water Reclamation Plant and were fatally overcome by hydrogen sulfide fumes. The Division of Occupational Safety and Health (DOSH) investigation into their deaths revealed that the air in the confined space had not been tested prior to the entry of workers into the area; the workers had not been trained in confined space hazards and safe operating and rescue procedures; and there was no approved respiratory equipment at the site available for immediate use by a standby worker trained in the use of this equipment. The findings of the DOSH investigation were particularly damaging because they indicated Burbank Water Reclamation Plant management had failed to follow through on an Informa-

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tion Memorandum the Division had issued over a month earlier, following an inspection, which had advised management to obtain the appropriate respiratory protective equipment and comply with the safe work practices required by Article 108 of the California Administrative Code – Title 8 for confined space work. Felony charges were subsequently filed by the Los Angeles District Attorney against the plant superintendent, Gerald Gaglione, (who retired following the accident) for manslaughter and violations of Labor Code section 6423. An LA Superior Court jury found the former plant superintendent guilty of involuntary manslaughter. He was sentenced on August 19, 1981, to 3 years formal probation; 1 year in county jail (stayed); $500 fine plus penalty assessment; and 300 hours of community service, 150 of which are to be performed under the direct supervision of CAL/OSHA According to Art Carter, CAL/OSHA’s Chief of the Division of Occupational Safety and Health, the case is significant in a number of ways: “it is the first felony conviction of a manager with responsibility for jobsite safety and health whose failure to comply with CAL/OSHA requirements resulted in the deaths of employees. Clearly, the prosecution by the Los Angeles District Attorney’s office and subsequent conviction of Mr. Gaglione indicates the seriousness with which the criminal justice system regards the responsibility of management to ensure worker health and safety. We will continue to seek prosecution for any management official for his or her failure to comply with all aspects of the CAL/OSHA Act. “This case should serve as a warning to management in the public sector, in particular, that in trying to deal with budget cuts which result from Proposition 13 or other budget cutting measures, taking short cuts on safety and health, personal protective equipment, and employee training is not the way to go. I urge management not to duck their responsibilities under the law and to take a hard look at their workplaces to determine whether there are any life threatening or potentially disabling hazards; and what specific actions it will take to eliminate them. Then, they need to go on record both verbally and in writing to their local elected officials to outline what needs to be done to protect workers. Elected officials need to appropriate the necessary funds to correct health and safety problems.” A former Burbank City Engineer also charged in connection with the May 5 accident was placed on three years summary probation and fined $5000 after pleading “no contest” to misdemeanor Labor Code violations.

1992 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 2 NUMBER 3 — JULY 1992

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CONFINED SPACES: GENERAL INDUSTRY SAFETY ORDERS TITLE 8 CALIFORNIA CODE OF REGULATIONS ARTICLE 108 Article 108 Confined Spaces 5156. Scope and Definitions. (a) Scope. This Article prescribes minimum standards for preventing employee exposure to dangerous air contamination and/or oxygen deficiency, as defined by Section 5156(b), within such spaces as silos, tanks, vats, vessels, boilers, compartments, ducts, sewers, pipelines, vaults, bins, tubs, and pits. NOTE: This Article does not apply to underwater operations conducted in diving bells or other underwater devices or to supervised hyperbaric facilities.

(b) Definitions. (1) Confined Space. A space defined by the concurrent existence of the following conditions: (A) Existing ventilation is insufficient to remove dangerous air contamination and/or oxygen deficiency which may exist or develop. (B) Ready access or egress for the removal of a suddenly disabled employee is difficult due to the location and/or size of the opening(s). (2) Dangerous Air Contamination. An atmosphere presenting a threat of causing death, injury, acute illness, or disablement due to the presence of flammable and/or explosive, toxic, or otherwise injurious or incapacitating substances. (A) Dangerous air contamination due to the flammability of a gas or vapor is defined as an atmosphere containing the gas or vapor at a concentration greater than 20% of its lower explosive (lower flammable) limit. (B) Dangerous air contamination due to a combustible particulate is defined as a concentration greater than 20% of the minimum explosive concentration of the particulate. (C) Dangerous air contamination due to the toxicity of a substance is defined as the atmospheric concentration immediately hazardous to life or health. NOTE: This definition of dangerous air contamination due to the toxicity of a substance does not preclude the requirement to control harmful exposures, under the provisions of Article 107, to toxic substances at concentrations less than those immediately hazardous to life or health.

(3) Oxygen Deficiency. An atmosphere containing oxygen at a concentration of less than 19.5% by volume. NOTE: Authority cited: Section 142.3, Labor Code. HISTORY: 1. New Article 108 (Sections 5156-5159) filed 9-14-78; effective thirtieth day thereafter (Register 78, No. 37).

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5157. Operating Procedures and Employee Training. The employer shall implement the provisions of this section before any employee is permitted to enter a confined space. (a) Operating Procedures. (1) Written, understandable operating and rescue procedures shall be developed and shall be provided to affected employees. (2) Operating procedures shall conform to the applicable requirements of this Article and shall include provision for the surveillance of the surrounding area to avoid hazards such as drifting vapors from tanks, piping and sewers. (b) Employee Training. Employees, including standby persons required by Section 5159(a)(4), shall be trained in the operating and rescue procedures, including instructions as to the hazards they may encounter. NOTE: Authority cited: Section 1423, Labor Code. Reference: Section 1423, Labor Code. HISTORY 1. Amendment of subsection (a)(2) filed 9-5-79; effective thirtieth day thereafter (Register 79, No 36)

5158. Pre-entry. The applicable provisions of this section shall be implemented before entry into a confined space. (a) Lines which may convey flammable, injurious, or incapacitating substances into the space shall be disconnected, blinded, or blocked off by other positive means to prevent the development of dangerous air contamination and/or oxygen deficiency within the space. The disconnection or blind shall be so located or done in such a manner that inadvertent reconnection of the line or removal of the blind are effectively prevented. EXCEPTION: This subsection does not apply to public utility gas distribution systems NOTE: This subsection does not require blocking of all laterals to sewers or storm drains. Where experience or knowledge of industrial use indicates materials resulting in dangerous air contamination may be dumped into an occupied sewer, all such laterals shall be blocked. (b) The space shall be emptied, flushed, or otherwise purged of flammable, injurious or incapacitating substances to the extent feasible. (c) The air shall be tested with an appropriate device or method to determine whether dangerous air contamination and/or an oxygen deficiency exists and a written record of such testing results shall be made and kept at the work site for the duration of the work. Affected employees and/or their

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION representative shall be afforded an opportunity to review and record the testing results. (d) Where interconnected spaces are blinded off as a unit, each space shall be tested and the results recorded, in accordance with Section 5158(c), and the most hazardous condition so found shall govern procedures to be followed. (e) If dangerous air contamination and/or oxygen deficiency does not exist within the space, as demonstrated by tests performed in accordance with Section 5158(c), entry into and work within the space may proceed subject to the following provisions: (1) Testing, in accordance with Section 5158(c), shall be conducted with sufficient frequency to ensure that the development of dangerous air contamination and/or oxygen deficiency does not occur during the performance of any operation. (2) If the development of dangerous air contamination and/or an oxygen deficiency is imminent, the requirements prescribed by Section 5159 shall also apply. (f) Where the existence of dangerous air contamination and/or oxygen deficiency is demonstrated by tests performed in accordance with Section 5158(c), existing ventilation shall be augmented by appropriate means. (g) When additional ventilation provided in accordance with Section 5158(f) has removed dangerous air contamination and/or oxygen deficiency as demonstrated by additional testing conducted (and recorded) in accordance with Section 5158(c), entry into and work within the space may proceed subject to the provisions of Section 5158(e)(1) and(2). (h) No source of ignition shall be introduced until the implementation of appropriate provisions of this section have ensured that dangerous air contamination due to flammable and/or explosive substances does not exist. (i) Whenever oxygen–consuming equipment such as salamanders, plumbers’ torches or furnaces and the like, are to be used, measures shall be taken to ensure adequate combustion air and exhaust gas venting. (j) To the extent feasible, provision shall be made to permit ready entry and exit. (k) Where it is not feasible to provide for ready exit from spaces equipped with automatic fire suppression systems employing harmful design concentrations of toxic or oxygen– displacing gases, or total foam flooding, such systems shall be deactivated. Where it is not practical or safe to deactivate such systems the provisions of Section 5159 related to the use of respiratory protective equipment shall apply during entry into and work within such spaces. 5159. Confined Space Operations (a) Entry Into and Work Within Confined Spaces. The requirements of this subsection apply to entry into and work within a confined space: whenever an atmosphere free of dangerous air contamination and/or oxygen deficiency cannot be ensured through the implementation of the applicable provi-

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sions of Section 5158, or whenever, due to the existence of an emergency, it is not feasible to ensure the removal of dangerous air contamination and/or an oxygen deficiency through the implementation of the applicable provisions of Section 5158. (1) Tanks, vessels, or other confined spaces with side and top openings shall be entered from side openings when practicable. NOTE: For the purposes of this Order, side openings are those within 3.5 feet of the bottom. (2) Appropriate, approved respiratory protective equipment, in accordance with Section 5144, shall be provided and worn. (3) An approved safety belt with an attached line shall be used. The free end of the line shall be secured outside the entry opening. The line shall be at least 1/2-inch diameter and 2000-pounds test. EXCEPTION: Where it can be shown that a safety belt and attached line would further endanger the life of the employee. (4) At least one employee shall stand by on the outside of the confined space ready to give assistance in case of emergency. At least one additional employee who may have other duties shall be within sight or call of the standby employee(s). (A) The standby employee shall have appropriate, approved, respiratory protective equipment, including an independent source or breathing air which conforms with Section 5144(e), available for immediate use. (B) A standby employee (or employees) protected as prescribed by Section 5159(a)(4)(A) may enter the confined space but only in case of emergency and only after alerting at least one additional employee outside of the confined space of the existence of an emergency and of the standby employee’s intent to enter the confined space. (5) When entry must be made through a top opening, the following requirements shall also apply. (A) The safety belt shall be of the harness type that suspends a person in an upright position. (B) A hoisting device or other effective means shall be provided for lifting employees out of the space. (6) Work involving the use of flame, arc, spark, or other source of ignition is prohibited within a confined space (or any adjacent space having common walls, floor, or ceiling with the confined space) which contains, or is likely to develop, dangerous air contamination due to flammable and/or explosive substances. (7) Whenever gases such as nitrogen are used to provide an inert atmosphere for preventing the ignition of flammable gases or vapors, no flame, arc, spark, or other source of ignition shall be permitted unless the oxygen concentration is maintained at less than 20% of the concentration which will support combustion.

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VOLUME 2 NUMBER 3 — JULY 1992

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION (A) Testing of the oxygen content shall be conducted with sufficient frequency to ensure conformance with this paragraph (B) A written record of the results of such testing shall be made and kept at the work site for the duration of the work. (C) Affected employees and/or their representative shall be provided an opportunity to review and record the testing results. (8) Only approved lighting and electrical equipment, in accordance with the Low-Voltage Electrical Safety Orders, shall be used in confined spaces subject to dangerous air contamination by flammable and/or explosive substances. (9) Employees working in confined spaces which have last contained substances corrosive to the skin or substances which can be absorbed through the skin shall be provided with, and shall be required to wear, appropriate personal protective clothing or devices in accordance with Article 10.

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(b) Precautions for Emergencies Involving Work in Confined Spaces. (1) At least one person trained in first aid and cardiopulmonary resuscitation (CPR) shall be immediately available whenever the use of respiratory protective equipment is required by Section 5159(a). Standards for CPR training shall follow the principles of the American Heart Association or the American Red Cross (2) An effective means of communication between employees inside a confined space and a standby employee shall be provided and used whenever the provisions of Section 5159(a) require the use of respiratory protective equipment or whenever employees inside a confined space are out of sight of the standby employee(s). All affected employees shall be trained in the use of such communication system and the system shall be tested before each use to confirm its effective operation.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

VOLUME 2 NUMBER 3 — JULY 1992

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VOLUME 2 NUMBER 3 — JULY 1992

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 2 NUMBER 4 — OCTOBER 1992

IN THIS ISSUE Safety Alert: New “Cold Method” Labs on Increase ........................................... 2 DEA Places Aminorex in Temporary Schedule I of Controlled Substances Act ................................................................................. 3 DEA Imposes Export Controls on Hydrochloric and Sulfuric Acids ....................... 4 Book on Clandestine Laboratory Chemicals Available ............................................ 4 DEA Seeks Changes in Chemical Diversion Laws ................................................... 5 Warning On ‘Crazy’ New Drug ................................................................................ 6 Confined Space Rule Hoped for In October ............................................................. 7 Case Study of Confined-Space Death Illustrates Need For Written Procedure ........ 8 2nd Technical Training Seminar Second Annual Technical Training Seminar Highlights ........................................... 9 Abstracts Of Presentations Made at the 2nd Annual Technical Training Seminar ............................................................................. 11 Lab Seizures ............................................................................................................ 14 Original Papers Who Needs Regulated Chemicals? Phenylacetone Synthesis Through A Friedel-Crafts Alkylation ............................................................... 17 Tom Ekis and Max Courtney Courtroom Presentation Of Clandestine Drug Laboratory Cases ........................... 20 Donn Christian A Clandestine Laboratory Extracting Propylhexedrine From Benzedrex Inhalers ................................................................................. 25 Pamela Johnson and R.C. Briner In Search Of Reason: Evaluating Clandestine Labs for Court ................................ 29 Max Courtney

The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions from the membership concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references where necessary. Research papers or material over one page in length is requested to he submitted on IBM computer disk (contact the Editor for more information). One of the primary goals of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed ins speedy manner. For more information concerning the Journal, contact the Editor.

Association Officers President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041 Vice-President: Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Ken Fujii Contra Costa Sheriff's Crime Lab 1122 Escobar Street Martinez, CA 94553 (415) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Executive Board Members: Terry A. DalCason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640 Tim McKibben Aurora Police Department Crime Lab 15001 E. Alameda Aurora, CO 80012 (303) 341-8344

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

SAFETY ALERT: NEW “COLD METHOD” LABS ON INCREASE Note: The following methods have not, at this time, been fully examined and reproduced by forensic chemists to determine the validity of the described methods. However, on paper the methods and procedures appear viable. Further, the mixing of red phosphorus and iodine crystals is documented to produce hydrogen iodide gas and phosphine gas, and is a potential safety concern for the scene investigator. Even though a method may not be chemically viable, the method may still be attempted by a violator to produce methamphetamine and still represents an immediate health and safety hazard. At the 2nd Annual Clandestine Laboratory Investigating Chemists Association Technical Training Seminar, Cathy Wojcik of the San Bernardino (California) County Crime Laboratory described a new synthetic process for manufacturing methamphetamine at the one–to–two ounce level being encountered in her area. The process is being called a “cold method” on the streets because the cook does not need to supply heat to the reaction setup for the synthesis to proceed. The method uses commonly available materials and chemicals to manufacture between one– and two–ounces of methamphetamine per batch. The process is performed in 2 – 32 ounce sports drinking bottles commonly available from AM–PM convenience markets (see diagram). About one-third to one-half the way up the sports cups, a hole is drilled in both and a portion of the drinking tube is placed in the

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hole and sealed with tape or silicon adhesive. One side of the cup is the dry side, used for mixing dry chemicals. The other is the wet side, filled with water to just below the connecting tube. Another piece of the straw is placed through the lid of the dry side into the head space area, the other end is placed near the bottom of the wet side so it is completely submerged in the water. According to one seized procedure, 60 grams of ephedrine (extracted from tablets) is placed on the dry side with 30 grams of iodine crystals and 20 grams of red phosphorus. The iodine and red phosphorus react exothermically to produce HI gas, which enters the headspace above the dry powders, passes through the straw, is bubbled and collected in the water forming hydriodic acid. This process is allowed to proceed about 30-45 minutes, at which time the cups are tilted so the hydriodic acid pours into the dry side via the connecting tube. This mixture is allowed to react another 2 hours. The reaction solution is then worked up in the normal manner. During a debriefing, a suspect indicated he could recover one ounce of methamphetamine for every 60 grams of ephedrine used. Ms. Wojcik reports nearly 40 such laboratories seized during the last year in the San Bernardino area. In addition, Tom Harber of the Las Vegas Metro Police Narcotics section reports the seizure of four similar labs in the past 6 weeks in the Las Vegas, Nevada, area. The reaction setup is simple, yet might be easily passed over as nothing during a routine inspection. The “dry” side cup will be heavily stained with iodine.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION There is considerable danger in this reaction. First, the reaction containers are plastic or polypropylene and may degrade or melt with the heat of reaction. Secondly, an unsuspecting investigator might casually open one of the cups during a reaction and become exposed to hydriodic acid. Finally, if an excess of iodine is not used, phosphine gas may be formed in the reaction (M. Kalchik and J. Doerr, “Phosphorus And Iodine As A Source Of Hydriodic Acid,” poster session, 2nd Annual CLIC Technical Training Seminar, Fort Worth, TX., Sept. 8-12, 1992.) Special Agent Supervisor Brenda Heng, CA Bureau of Narcotics Enforcement Clandestine Laboratory Enforcement Program, reports 6,381 pounds of iodine crystals have been reported sold in California since January 1 through reporting of cash sales by chemical retailers. Heng also states the total amount of iodine sold in California as recorded by the cash sales program since 1990 is 11,919 pounds! For more information regarding this method, contact: Cathy Wojcik San Bernardino Co. Crime Laboratory PO Box 569 San Bernardino, CA 92402 (714) 387-2200

In a related matter, an agent in Las Vegas reports a method being used in the Las Vegas area that is, essentially, totally dry. The suspect uses a 2.5 gallon water bottle (the type used for home delivery of bottled water) made of plastic or glass and adds 600 grams of ephedrine, 700 grams of iodine crystals, and 2 teaspoons of red phosphorus. The powders are mixed together in the bottle and allowed to react for 2 to 2.5 hours. The reaction is reported to be very exothermic and, in a couple of instances, has cracked the reaction bottle. At the end of the reaction time, the bottle is filled to half with water. The water is swirled, decanted, and filtered to hold back any insoluble. The reaction solution is made basic with Red Devil lye and extracted with charcoal lighter fluid. The lighter fluid containing methamphetamine base is removed and washed several times with dilute muriatic acid. The muriatic acid is collected and repeatedly washed with acetone, giving crystals of methamphetamine reported to be similar in appearance to sugar crystals. A suspect indicated a recovery of 300 grams of methamphetamine from this process.

DEA PLACES AMINOREX IN TEMPORARY SCHEDULE I OF CONTROLLED SUBSTANCES ACT Federal Register Volume 57, Number 183, pg. 43399-43401 Monday, September 21, 1992 Effective September 21, 1992 the Administrator of the Drug Enforcement Administration issued a final rule placing aminorex into temporary Schedule I of the Controlled Substances Act for the period of one year, subject to a six month extension or permanent placement on the Schedule. The Administrator found this scheduling necessary to “ … avoid an imminent hazard to the public safety.” Other information found in the announcement includes: “Aminorex is a central nervous system stimulant and is an analogue of cis-4-methylaminorex, which is a Schedule I stimulant with a high potential for abuse. Aminorex, also called aminoxaphen, 2-amino-5phenyl-2-oxazoline, or 4,5-dihydro-5-phenyl-2-oxazolamine is a phenylethylamine in which the side-chain has been cyclized into a substituted oxazoline. Its chemical structure is substantially similar to that of cis-4-methylaminorex. Available pharmacological data indicate aminorex produces amphetamine–like, psychomotor stimulant effects in laboratory animals. “In accordance with 21 U.S.C. 811(h)(3), the Administrator has considered the following factors regarding aminorex: (1) Its history and current pattern of abuse; (2) the scope, duration, and significance of abuse; and (3) what, if any, risk there is to the public health. “Illicit trafficking with aminorex was first reported in 1990 by law enforcement personnel in Missouri. Subsequently it has been sold as

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methamphetamine in Minnesota, Michigan, Wisconsin, Florida, South Carolina and Pennsylvania. In 1991 a clandestine laboratory engaged m the production of aminorex was encountered in the state of Florida. Its operators were successfully prosecuted for the manufacture of a controlled substance analogue pursuant to 21 U.S.C. 813. “There has been one report of a death in 1990 linked to the abuse of aminorex in the United States. However, the scientific literature contains reports of deaths in Europe attributed to pulmonary hypertension in patients who were taking aminorex as an anorectic. Aminorex was sold in Europe as an approved anorectic for a short period in the midsixties. The similarity of aminorex to amphetamine and 4-methylaminorex, especially its central nervous system stimulant activity, strongly suggests that abuse of this substance will lead to health and safety risks similar to those produced by amphetamine, methamphetamine, and 4-methylaminorex. Since aminorex is prepared only in clandestine laboratories, there are additional risks inherently associated with clandestine manufacture.”

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

DEA IMPOSES EXPORT CONTROLS ON HYDROCHLORIC AND SULFURIC ACIDS Federal Register Volume 57, Number 184, pp. 43614-43615 Tuesday, September 22, 1992 Effective September 22, 1992, the Administrator of the Drug Enforcement Administration has amended the regulations implementing the Chemical Diversion and Trafficking Act of 1988 (CDTA) by including hydrochloric acid and sulfuric acid as listed essential chemicals for the purpose of imposing controls on exports to cocaine producing areas. The inclusion of these chemicals into the CDTA requires any exporter of these chemicals to targeted countries to comply with the regulated export transactions requirements specified in 21 CFR parts 1310 and 1313. Two interested parties filed comments pursuant to publication in the Federal Register of the intent of the Administrator of DEA to regulate the two acids. From the Register: “One respondent suggested that the proposal, as written, did not clearly specify the forms of the acids to be regulated. It is the intent of the DEA to regulate both concentrated and diluted solutions of hydrochloric acid and sulfuric acid and anhydrous hydrochloric acid, also known as hydrogen chloride gas. The DEA does not consider aqueous solutions of regulated chemicals, including hydrochloric acid and sulfuric acid, to be mixtures as defined under 21 U.S.C. 802(40). “Another respondent presented the viewpoint that the proposed regulation of hydrochloric acid and sulfuric acid would unfairly discriminate against U.S. exporters since other countries have not, as yet, imposed export controls on these acids to

targeted areas. This proposed regulation is in agreement with the recommendations of the Chemical Action Task Force (CATF) which were endorsed by the G–7 nations and the Commission of the European Communities. In addition, hydrochloric and sulfuric acids were proposed for inclusion under Article 12 of the 1988 Vienna Convention. The Commission on Narcotic Drugs (CND), at its thirty-fifth session on April 9,1992, voted to place sulfuric acid (excluding its salts) and hydrochloric acid (excluding its salts) into Table II of the 1988 Convention. Control under Article 12 requires all parties to the 1988 Convention to apply export control measures to hydrochloric and sulfuric acids.” The regulation applies to the following Latin American Countries: Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, French Guiana, Guyana, Panama, Paraguay, Peru, Surinam, Uruguay, and Venezuela. The threshold amounts for the chemicals for export control are: hydrochloric acid, 50 gallons; anhydrous hydrogen chloride (gas), 27 kilograms; and sulfuric acid, 50 gallons. For more information, contact: Howard McClain, Jr. Chief, Drug and Chemical Evaluation Section Office of Diversion Control Drug Enforcement Administration Washington, DC 20537 (202) 307-7183

BOOK ON CLANDESTINE LABORATORY CHEMICALS AVAILABLE The Drug and Chemical Evaluation Section of DEA’s Diversion Control Office recently published a book titled “Chemicals Used in the Preparation of Clandestinely Produced Drugs,” and it is available by request from the office. The book is a compilation of information on precursor and essential chemicals which are used or have the potential for use in the synthesis or extraction of illicitly produced drugs. As used in the book, the term precursor chemical refers to a compound which is required in the synthetic process and is itself incorporated into the molecule of the target drug. Essential chemicals are required in the synthetic or extraction process but, in most cases, do not become part of the drug molecule. Essential chemicals include solvents, catalysts, oxidizing agents and reducing agents, acids and bases. Essential chemicals are usually non-specific and

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therefore may be substituted in extraction and synthetic procedures. Information about the chemicals includes other names; molecular weight and formula; density; boiling – freezing point; and description; illicit uses; whether it is controlled or regulated; its legitimate uses; annual production; annual US imports / exports; manufacturers; and general comments. This book will be a welcome addition to the forensic laboratory reference collection. For more information, contact: Clyde Richardson Diversion and Control Drug Enforcement Administration Washington, DC 20537 (202) 307-7175

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

DEA SEEKS CHANGES IN CHEMICAL DIVERSION LAWS Drug Enforcement Report Volume 8, Number 21, pg. 1-2 August 10, 1992 The Drug Enforcement Administration is backing changes in current chemical diversion law that the agency says would strengthen its ability to target chemicals that are used in making drugs, such as methamphetamine, that are made in this country. The bill would also impose penalties for environmental damages caused by the production of drugs. The legislation, which was introduced in the Senate by Senator Slade Gorton (R-Washington) and Republican and Democratic cosponsors, is the product of negotiations by the DEA, the Nonprescription Drug Manufacturing Association, and the Chemical Manufacturers Association. A companion bill has been introduced in the House by Representative Charles Schumer, chairman of the House Subcommittee on Crime and Criminal Justice. Current law requires those who distribute, import or export certain chemicals to identify their customers, maintain records, report suspicious or unusual orders and give advance notice of imports and exports. But they do not have to register with the DEA. The regulated chemicals include “precursor” chemicals, which can be modified to produce drugs, and “essential” chemicals, usually solvents, that are used in the process of manufacturing illegal drugs. All the regulated chemicals have legal uses. The legislation would require distributors of precursor chemicals to register with the DEA, just as distributors of controlled substances now must register with the agency. It would also broaden the DEA’s ability to investigate distributors of precursor chemicals. Another provision would target the bulk sales of tablets containing the chemical ephedrine. Under current law, drug products that contain a listed chemical are exempted from the provisions of the act. The chemicals most affected by this provision include ephedrine, pseudoephedrine and phenylpropanolamine, each of which is used in several over-the-counter and prescription drug products. The legislation would remove the exemption for the products in which ephedrine is the only active medicinal ingredient in therapeutic amounts. According to Ken Ronald, a special assistant in the DEA’s Office of Diversion Control, DEA wants to use the new law to target ephedrine tablets, which are sold in bulk through mail order and also sold at truck stops to truck drivers who use them to keep awake. Current chemical diversion law covers powdered ephedrine but not ephedrine tablets and Mr. Ronald said that individuals diverting the chemical for use in the manufacture of amphetamine have switched from the powder to the tablet form. The legislation would also allow the DEA to remove by regulation the exemption for other drugs containing listed chemicals if it is determined that they are being diverted to the

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manufacture of illegal drugs. Before removing an exemption, the DEA would be required to consider several factors, including the scope of the diversion and whether the listed chemical can be readily recovered from the drug. The bill would also eliminate the terms “precursor chemical” and “essential chemical” in the current law and replace them with “List I chemical” and “List II chemical.” The purpose of the change is to allow the DEA to focus the degree of control on the nature of the diversion and the use of the chemical rather than on the chemical’s status, say the sponsors. Another provision in the bill would allow the DEA to apply a target approach to export controls. The bill would require exports of some chemicals to certain countries – precursor chemicals to Andean countries, for example – to be subject to 15 days notice even if the shipment is destined for a regular customer. Under current law, exporters can submit a roster of regular customers to the DEA and are allowed to notify the DEA on the day of the shipment, rather than giving 15 days notice. Under the proposed legislation, exports of certain chemicals to certain countries – such as solvents to Canada – would not require a 15 day advance notice even though the chemicals were not destined to regular customers. Current law limits the DEA’s inspection authority to places where records required under the law are kept. The legislation would expand the authority so that the DEA would have the same inspection authority for listed chemicals as it now does for controlled substances. This is to target the practice known as “smurfing.” Under current law, the DEA is only allowed to inspect records of sales of a chemical when the amount of the chemical sold reaches a certain threshold. Diverters are getting around the law, Ronald said, by making separate sales of precursors in amounts just below the threshold level. The proposed legislation would allow the DEA to inspect records of sales whether or not the sale exceeded the threshold. The bill also adds two chemicals–benzaldehyde and nitroethane-to List I of the regulated chemicals. Both are used to manufacture the immediate precursor to methamphetamine. The bill’s support by members of both parties increases its chance of passage. An aide to Senator Gorton said the Senator will try to attach the measure as an amendment to another bill before the end of the year.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

WARNING ON ‘CRAZY’ NEW DRUG MARK JONES Sydney (Australia) Telegraph Mirror July 23, 1992 Police and health authorities issued a public warning yesterday about a dangerous new drug, called Ox Blood or Liquid Red, which has surfaced on Sydney streets. Detectives and Drug Enforcement Agency officers fear the liquid amphetamine is being produced in the metropolitan area and sold via established dealers. The drug, so called because of its resemblance to blood, first came to the attention of Sydney police when they seized several vials of the liquid during a raid on a house in West Esplanade, Manly. “Ox Blood is very dangerous, a more toxic form of amphetamine which we’ve only just come across in Sydney,” said Acting Detective-Sergeant Bob Monk of Manly Police. Nothing similar to this drug has been seen before, although police some time ago had heard it was being distributed and produced here. Although amphetamine has been known to be widely distributed in a powder form, known as speed, this is the first time it’s actually been detected in liquid form. Ox Blood is a stimulant which affects the central nervous system, renders the user aggressive and, in some cases, subjects them to an uncontrollable itch. Ox Blood sells on the streets for $100 per vial, compared to powder speed which cost about $100 a gram. After the Manly raid, a 36-year-old man was arrested and charged with possessing and administering a prohibited drug. Detectives have urged anyone who has knowledge of the drug or its distribution to contact them in the strictest confidence on 977-9437. Sarah, 30, a former heroin addict, came forward yesterday to tell her own harrowing story of her two-year dependency on Ox Blood. “I was introduced to it in Canberra two years ago,” she said. “I was a heroin addict, got on to methadone, but let me tell you this stuff’s five times more addictive than methadone. I was soon addicted. I’d do things I would never have done on heroin. I was ashamed ... It just knocked you out and made your veins collapse.

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But taking it made you feel like God. You felt so wonderful. It enhances sex, its a good sex drug. But every time Liquid Red hit the streets in Canberra, the crime rate went up. People would just go crazy. It was frightening. I’ve seen people lose their children, jump off buildings. The cops didn’t like it because there was too much related crime happening. Liquid Red is dangerous, very dangerous, it cause long–term schizophrenia. You become completely irrational.” (Editor’s Note: I received a FAX of this article and a request for comments from Ken Bergmann, a DEA intelligence analyst assigned to the INTERPOL – US National Central Bureau. Knowing that newspapers are notorious for printing half-truths, rumors, and other inaccurate information, I weighed the story lightly. In discussions with John Metcalfe, Metropolitan Police Forensic Laboratory (London), it was postulated that if the liquid actually contained amphetamine, the red coloration might be an artifact of the synthetic route. More specifically, the reaction of phenylacetone with hydroxylamine to form the oxime results in a deep, red-colored product. If the reduction step was incomplete to amphetamine, some of the oxime remaining might give the solution its blood red color. I contacted Max Offer, forensic chemist with the Chemistry Centre - East Perth (Western Australia). He was able to run down some preliminary information that the liquid, in fact, contains methamphetamine – presumably from the hydriodic acid – red phosphorus synthesis. Max remembered encountering two perfumed sample tubes containing approximately 0.5 ml of red liquid containing 35% methamphetamine when he worked in Canberra in 1989. I recently met a narcotics investigator from the Canberra area (Australia) at the 18th Annual Outlaw Motorcycle Gang Investigators Conference in Portland, OR, who indicated he would obtain more detailed information for me about this material.)

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CONFINED SPACE RULES HOPED FOR IN OCTOBER Occupational Health And Safety September 1992, p. 28

OSHA officials say the agency’s confined space rule, proposed in June 1989, is almost finished and will be published in October. The agency’s safety standards office has “virtually completed” the text of the final confined space standard, officials said. An initial impact analysis to weight the costs and benefits of the standard also has been completed. OSHA proposed the standard to protect workers from being asphyxiated or crushed in potentially dangerous spaces. These areas could included storage vessels, furnaces, railroad tank cars, manholes and autoclaves. OSHA’s proposal distinguishes between permit–required confined spaces and low–hazard permit spaces. According to the agency, the rule would prevent between 31 and 35 fatalities, 5,346 injuries and up to 2,497 lost workday injuries each year. Highlights of the original proposal include the following: The standard covers general industry workers including 2.1 million who enter confined spaces annually and an additional 5.1 million employed at the 224,00 work sites covered by the proposal. A permit–required confined space is one that is difficult to enter and leave; is not intended for occupancy except for repair or maintenance; presents potentially serious hazards such as toxic, oxygen-deficient or flammable atmospheres; and involves engulfment or mechanical hazards. Such a confined space would require an attendant on duty while employees are within. A low–hazard permit space is a confined space with a very low likelihood of flammable or explosive atmosphere, atmospheric toxins or engulfment hazards. No attendant would be necessary. Site surveys require employers with confined spaces to survey workplaces, identify “permit spaces” and determine whether employees would need to enter them or not. If not, the spaces would be permanently blocked or labeled with warning signs. If employees would enter, the employer must develop a permit program. Written permit programs call for identification of hazards in each permit space, restriction of access to authorized personnel,

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control of hazards present and monitoring of permit–required confined spaces during entry. Permit–required confined space permits must identify the space, define the conditions under which the space may be entered, state the reasons for entry, list anticipated hazards, name authorized entrants or eligible attendants and include printed name and signature or initials of the permit authorizer. No particular form is required. No permit is needed for emergency personnel. Permits must be canceled when the work is completed, but could remain valid for up to one year. The permits could be limited to a checklist if entry is made under the direct supervision of the permit authorizer. Low-hazard permit space permits would be appropriate for worker activities involving inspection or checking of equipment, minor maintenance or work in diked areas. Training would consist of the following elements: 1. Entrants must be trained to recognize hazards, to communicate regularly with attendants, to use personal protective equipment properly and to exit a permit space without assistance. 2. Attendants must learn to be aware at all times of how many workers are in the space, to know and recognize all effects of hazards both within and outside the space, to maintain contact with entrants, to deal with unauthorized persons, to summon rescue and emergency services, and to be prepared to properly perform rescue duties from outside the permit space, such as using retrieval lines. 3. Permit authorizers must be taught how to determine acceptable entry conditions, to prepare entry permits and to identify when to terminate entry or cancel a permit if conditions are no longer appropriate. Rescue allows employers to rely on in–house rescue teams, provided they have appropriate training and equipment and a member certified in first aid and cardiopulmonary resuscitation; or call in outside rescuers if rescue services are informed of potential hazards to enable them to prepare and equip themselves properly.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CASE STUDY OF CONFINED–SPACE DEATH ILLUSTRATES NEED FOR WRITTEN PROCEDURE ROBERT PALOWSKI Occupational Health And Safety September 1992, pp. 26-27 At noon on a hot July day, a lone employee of a residential trailer park in Michigan entered a pit in the wastewater treatment facility servicing the park. The employee apparently entered the pit to perform maintenance on two wastewater treatment sludge pumps. Approximately one hour later, a tenant of the park discovered the employee slumped over in the bottom of the pit. The tenant reported the incident to the park manager who called for assistance. Emergency medical technicians (EMTs) who responded to the call entered the pit in an attempt to rescue the victim, but wore no personal protective equipment. Gases in the pit caused one rescuer to become dizzy and forced the team to retreat. The local township fire department then was contacted. Firefighters arrived after the victim had been in the pit for at least an hour and a half. The firefighters, equipped with self-contained breathing apparatus, successfully entered the pit to remove the unconscious employee. The victim was taken to the nearest hospital and pronounced dead on arrival. The medical examiner stated that he had died of asphyxiation due to inhalation of sewer gases.

STATE RULES The pit where the accident occurred is subject to Michigan Occupational Health Rules regarding entry into confined spaces. The rules require that: ✔ Before an unprotected employee enters a confined space, the atmosphere must be thoroughly ventilated and tested to determine the presence of a respirable atmosphere. Precautions must betaken to prevent the creation of a non– respirable atmosphere in the confined space during the time the person is inside. ✔ In the absence of ventilation or tests, or if tests show the presence of a non-respirable atmosphere, persons entering the confined space must have been trained in the use of protective equipment and be provided with an approved supplied–air respirator or self-contained breathing apparatus, a safety harness, and life line before entering the confined space. Persons capable, trained and equipped to perform rescue must be stationed outside the confined space to maintain surveillance over the person entering. Several mistakes were made by the victim and the responding EMTs. The victim did not test the air prior to entering the pit and did nothing to assure that adequate ventilation was provided to maintain a respirable atmosphere in the pit. The EMTs who responded to the accident attempted to enter the pit without

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proper protection. Too often, multiple fatalities result when unprotected persons rush to the rescue of an individual in a confined space.

INVESTIGATION The wastewater treatment facility consisted of two concrete block buildings in the back of the trailer park. Inside one building, a pit 10 feet deep, 5 feet wide and 10 feet long contained the two wastewater sludge pumps. Adjacent to the pit was a below–floor-level sludge collection tank that could be filled from an above-floor level holding tank through a manually operated valve. Typically, a septic service company would pump the sludge out of the below-floor tank for weekly disposal. Investigation revealed that two loads of sludge had been pumped out of the collection tank on the morning of the accident. It appears that the employee then refilled the tank just prior to entering the pit. Following the incident, the Michigan Department of Public Health performed air monitoring during simulated accident conditions. With the pit exhaust fan operating, the atmosphere inside the pit was monitored for oxygen, combustible gas and hydrogen sulfide before, during and after filling the below-floor sludge tank. The department also measured oxygen and combustible gas at the top of the sludge tank (floor level) as it was being filled. Hydrogen sulfide in the pit during the filling exceeded 500 parts per million (ppm). Three hundred ppm is the “immediately dangerous to life and health” (IDLH) level specified by the National Institute for Occupational Safety and Health. The displaced atmosphere from the sludge tank had oxygen as low as 17.4% and combustible gas at 30% of the lower explosive level (LEL). A non-respirable atmosphere for confined-spaceentry purposes is defined at less than 19.5% oxygen. Combustible gas greater than 20% of the LEL or hydrogen sulfide greater than 10 ppm also preclude entry into confined spaces by unprotected persons in Michigan. The investigators concluded that, when filling the below– floor tank just before entering the pit, the employee displaced sewer gas from the tank vent (a manhole). The dense gases spilled down into the adjacent pit, creating a non–respirable atmosphere. Even with the exhaust ventilation fan operating, there was not enough air movement in the pit to circumvent a non–respirable atmosphere. According to the EMTs who responded to the incident, the fan was not operating when they arrived.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION RECOMMENDATIONS Air test equipment for wastewater treatment operations must be capable of measuring oxygen, combustible gas and hydrogen sulfide gas. Any pit should have “outside” air ventilation supply adequate to replace the volume of air exhausted or displaced. Exhaust air alone may not prevent the creation of a non– respirable atmosphere. In addition, hazardous gases displaced during the filling of a sludge tank must be vented to a safe discharge point In the case

studied here, an exhaust stack through the roof might have vented the displaced gases safely out of the building instead of into the pit. Finally, it is vitally important that wastewater treatment operators implement written confined space entry procedures, that employees be trained in the procedures, and that everyone follow the procedures carefully every time a confined space is entered. Without these precautions, the consequences can be tragic.

SECOND ANNUAL TECHNICAL TRAINING SEMINAR HIGHLIGHTS The Second Annual Technical Training Seminar was held during the week of September 8-12 at the Stockyards Hotel in Fort Worth, Texas. The meeting, hosted by the Max Courtney and his staff at Forensic Consultant Services, featured nearly four days of technical presentation relating to clandestine laboratory investigation and analyses. The meeting was widely attended by forensic scientists from 4 nations including: 2 from Puerto Rico; 1 from the Metropolitan Forensic Lab – London; 6 from 4 Canadian Provinces; and 67 from 21 states. In addition, 2 chemists, 23 peace officers, and one prosecuting attorney were present for the Wednesday session on LSD synthesis. The Association welcomed 56 new members to the rolls – increasing the total membership to over 210 members. Abstracts of presentations made during the meeting are printed elsewhere in this Journal. In addition, each attendee received a 3-ring binder containing abstracts and handouts of most of the presentation. Highlights of the meeting include:

LSD SEMINAR Special Agent Arthur Hubbard, DEA–San Francisco, presented information regarding the current trafficking patterns and trends in LSD. Agent Hubbard is assigned to a specialized LSD investigation group with the San Francisco Field Division. The second half of the morning featured Andrew Allen, Ph.D., from the National Institute of Drug Abuse, Addiction Research Center, Drug Development Group, in Baltimore (MD) discussing the different synthetic routes to LSD. Dr. Allen’s presentation included reference citations, synthesis methods, and an evaluation of the various methods as to their likely use in a clandestine situation.

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BRING YOUR OWN SLIDES SESSION This session was started with the First Annual meeting and became an instant success. During this time, individuals wishing to make an informal presentation regarding a technique they commonly use, a lab seizure they recently investigated, or any other related topic are given an opportunity to do so. This year’s speakers included: Lisa Brewer, Santa Clara Co. Crime Laboratory San Jose, CA Lisa presented slides of an LSD laboratory she assisted in seizing in 1988 near Mountain View, CA. The laboratory was synthesizing LSD from ergotamine. The final product was either blotted on paper, or pressed into the small purple microdot pills that were popular in the late 1980s. She also discussed a situation arising out of the investigation were an officer was dosed from either the LSD or ergotamine and went into convulsions. Pamela Johnson, SEMO Crime Laboratory Cape Girardeau, MO Pamela showed slides of some unusual marijuana leafs and their structures she recently encountered. The leaves appear to be an artifact of starting the marijuana plant from a cutting rather than a seed. Norman Keeper, Arkansas State Crime Laboratory Little Rock, AR Norman presented slides of several different methamphetamine laboratories seized in Arkansas. He also described one particular laboratory where a large flask broke when he lifted it and spilled a strong acid on his lower legs and feet. He received second degree chemical burns from this incident. John Hugel, Health and Welfare, Canada Scarborough, Ontario John showed slides of a cocaine extraction / conversion laboratory located in an apartment in Toronto. The cocaine was

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION soaked into leather luggage, smuggled into the country, and extracted to recover the cocaine powder. Ray Kusumi, WA State Patrol Crime Laboratory Seattle, WA Ray showed slides of a clandestine laboratory discovered during the processing of a death investigation. The deceased chemist had died of causes other than the illicit laboratory, and was found to have a wide range of very dangerous chemicals. It appeared the deceased was manufacturing LSD. Mike Griffin, Metropolitan Police Forensic Laboratory London Mike discussed the Leuckart reaction, the common reaction to amphetamine usually encountered in Europe. In addition, Mike show slides of a couple of amphetamine production laboratories. Donn Christian, AZ DPS Crime Laboratory Phoenix, AZ Donn described a clandestine laboratory where the suspect was using mandelic acid (α-hydroxyphenylacetic acid) as a precursor to phenyl-2-propanone. He is currently investigating the chemical details of the reaction and will report them in a future issue of the Journal. Jerry Massetti, CA DOJ Crime Laboratory Fresno, CA Jerry showed slides of a recent laboratory seizure involving Mexican nationals near Bakersfield, CA. Boxes holding the equipment were hand numbered, similar to boxes found at another lab site the next day. Both laboratories were using J.C. Penney flat sheets with the same design for the filtration process. On a safety note, both laboratories were using between 4- and 622 liter flask with no condensers. The suspects were using the hydriodic acid – red phosphorus reduction of ephedrine.

Cathy Wojcik, San Bernardino Co. Crime Laboratory San Bernardino, CA Cathy described a new, simple method for manufacturing methamphetamine on the ounce level that is being called the “Cold Method” by violators. Cathy put together the apparatus from two 32–ounce sports cups. She indicated nearly 40 such labs had been investigated in the past year in San Bernardino county. Eric Neilson, WA State Patrol Crime Laboratory Seattle, WA Eric described the seizure of a methcathinone laboratory run by a University of Washington student just across the street from the University. Methcathinone is the oxidation product of ephedrine and was placed into emergency Schedule I of the federal Controlled Substances Act on May 1, 1992. George Lester, DEA South Central Laboratory Dallas, TX George showed a portion of a video tape he appeared in on CBS’s “48 Hours” news program on methamphetamine and clandestine laboratories.

BINDERS AVAILABLE Each attendee to the meeting received a three-ring binder containing abstracts and copies of handout materials presented by some of the speakers. There are approximately 20 binders left over from the meeting and they are available for purchase for S25 each, including tax and postage, on a first–come basis. If you are interested in purchasing one or more binders, please contact Max Courtney Forensic Consultant Services PO Box 11668 Fort Worth, TX 76110 (817) 870-1710 – voice (817) 338-0908 – FAX

3rd Annual CLIC Technical Training Seminar will be held September 8–11, 1993 The Technical Training Seminar will be held at the Holiday Inn Crowne Plaza – Downtown in Memphis, Tennesse. The meeting is being hosted by Steve Nichols, University of Tennesse – Memphis Toxicology Laboratory. More information will be coming soon.

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1992 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 2 NUMBER 4 — OCTOBER 1992

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ABSTRACTS OF PRESENTATIONS MADE AT THE 2ND ANNUAL TECHNICAL TRAINING SEMINAR The following are abstracts of the various presentation made at the 2nd Annual Technical Training Seminar held during the week of September 8-12 in Fort Worth, Texas. If you would like more information regarding any presentation listed here, please contact the author directly.

WORKSHOPS “Trends In LSD Trafficking” Arthur Hubbard, Drug Enforcement Administration, San Francisco Field Division, 450 Golden Gate Ave., Box 36035, San Francisco, CA 94115, voice (415) 556-2733 This presentation details law enforcement efforts to control lysergic acid diethylamide (LSD). Despite public perception, LSD never really has gone away. To some extent, bad police reporting has caused lapses in the accounting of the presence of LSD. Trends in the trafficking of the drug are presented. Also discussed are investigation techniques and some case histories. “LSD Synthesis Workshop” Andrew Allen, National Institute of Drug Abuse, Addiction Research Center, Drug Development Group, P.O. Box 5180, Baltimore, MD 21224, voice (410)550-1745. This workshop focuses on the clandestine manufacture of lysergic acid diethylamide (LSD). It is estimated that one hundred million dosage units of LSD are consumed annually in the United States. Given a 2–5 dollar street value per dosage unit, this translates to a half–billion dollar industry. This potentially lucrative clandestine hallucinogenic material will be reviewed. Areas to be addressed will be the cultivation, extraction, hydrolysis, synthesis, chromatography, salt formation, and dosage formation. The talk will be weighted toward forensic chemist investigation of clandestine laboratories with anecdotal information for law enforcement investigators. “Developments In Federal Law Concerning Clandestine Drug Laboratories” Fred Schattman, Assistant U. S. Attorney, Northern District of Texas, 801 Cherry Street, Suite 1700, Fort Worth, TX 76102, voice (817) 334-3291. No abstract available. “Developments In Texas Law Concerning Clandestine Drug Laboratories” Bill Koos, Assistant Criminal District Attorney, Tarrant County District Attorney’s Office, c/o Tarrant County NICU Task Force, 6707 Brentwood Stair Road, Suite 215, Fort Worth, TX 76112, voice (817) 496-9402, fax (817) 457-2830. No abstract available.

VOLUME 2 NUMBER 4 — OCTOBER 1992

“Analysis And Sampling Of Clandestine Laboratory Exhibits” Pamela Smith, Drug Enforcement Administration, Southwest Laboratory, 410 W. 35th St., National City, CA 92050, voice (619) 557-6490. No abstract available. “Microchemical Techniques In Clandestine Laboratory Analysis” Linton A. von Beroldingen, Oregon State Police, Portland Forensic Laboratory, 1111 SW 2nd Ave., Suite 1201, Portland, OR 97204, voice (503) 229-5017, fax (503) 229-6638. This paper presents an illustrative review of microchemical techniques the author employs in the analysis of samples encountered in the processing of clandestine laboratories. Microcrystal tests are employed to identify a number of organic and inorganic precursors, reagents and products. Microcrystalline derivatives of some low molecular weight amines formed with gold chloride, potassium iodoplatinate and platinum chloride were examined and found to be useful for the identification of methyl and butyl amine. Attention is given to basic physical and chemical properties of unknown materials which may be observed by simple experiments. These techniques allow a degree of characterization of samples on their own and efficiently combine with instrumental methods of analysis in the unraveling of clandestine laboratory puzzles. “Courtroom Presentation Of Clandestine Drug Laboratory Cases” Donn Christian, Arizona Department of Public Safety Crime Lab, P.O. Box 6638, Phoenix, AZ 85005, voice (602)223-2394. Courtroom presentation of forensic evidence is probably the most neglected portion of the chemist’s job. Nowhere is it more important than in the presentation of a clandestine drug laboratory. The proper use of visual aids will always help a chemist’s presentation, for the jury will retain four times more of what they see as opposed to what they hear. This presentation will deal mainly with the use of visual aids.

POSTER PRESENTATIONS “Phosphorus And Iodine As A Source Of Hydriodic Acid” Mark F. Kalchik and Julie Doerr, California Department of Justice, Bureau of Forensic Services, 6014 N. Cedar, Fresno, CA 93710, voice (209) 278-2982, fax (209)278-7731. The use of red phosphorus, iodine and water provides for a straightforward preparation of hydriodic acid. Phosphorus and iodine react to form a phosphorus iodide. This then reacts with water to form hydriodic acid and phosphoric acid. The hydriodic acid can be used as is, or it can be distilled away from the

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION phosphoric acid. One note is that the iodine needs to be in excess; otherwise, phosphine (a poisonous gas) can be formed. “Representative Sampling Of “Street” Drug Exhibits” Alexis Soto Zeno, Maria Colon, Gloria Rodriguez, and Ramon Diaz, Institute of Forensic Sciences, Criminalistics Laboratory, Box 11878, Caparra Station, San Juan, P.R. 00922, voice (809) 781-0306, fax (809) 781-3045. The finality of this research is to select and evaluate a formula to be used in a sampling plan for a “street” drug exhibit with a large number of units. The formula will be applied to choose a number of units for chemical analysis of controlled substances. The analytical result will be considered representative of the entire lot of units in the exhibit. Once the formula was selected, it was applied to drug cases with controlled substances in the form of powder. These substances we subjected to routine analytical procedure. The results obtained during the research demonstrate that a formula can be used to select the appropriate representative sample from “street” drug exhibits. Therefore, the forensic analysis of controlled substances can be performed within a reasonable scientific certainty. “Serial Dry Extraction Of Illicit Methamphetamine Powders For The Identification Of Adulterants And Diluents By Infrared Spectroscopy” Roger A. Ely, Drug Enforcement Administration, Western Laboratory, 390 Main St., Room 700, San Francisco, CA 94105, voice (415) 744-7051, fax (415)744-7055. Street level samples of illicit methamphetamine are powders commonly containing nicotinamide, ephedrine, and/or carbohydrates. An extraction of these samples into chloroform or methylene chloride from a basic solution will separate the alkaloids from the carbohydrates and allow identification of the mixture by gas chromatography / mass spectrometry (GC/MS). The technique presented is a serial extraction of a quantity of illicit powder with solvents of increasing polarity to selectively remove and collect each component. The fractionated component is suitable for examination by infrared spectroscopy (IR). With practice, the time to perform the extraction and examine the fractions by IR may be less than the time for GC/MS examination “Clandestine Laboratory Producing And Using Propylhexedrine From Benzedrex Inhalers” Pamela Johnson and R.C. Briner, SEMO Regional Crime Laboratory, Southeast Missouri State University, Cape Girardeau, MO 63701, voice (314) 651-2221, fax (314) 651-2533. A raid on a reported “Meth Lab” netted paraphernalia and several boxes of Benzedrex inhalers. A tan powder, several pieces of paraphernalia and a urine specimen were submitted to the laboratory. The Marquis test gave little to no color. Testing with nitroprusside gave a positive test for a secondary amine, but the color was slow to form and appeared to be more purple than blue. Subsequent analysis of the powder and paraphernalia revealed the presence of propylhexedrine, the active ingredient

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found in the inhalers. Samples were derivatized for GC/MS with N-methyl-bis-trifluoroacetamide (MBTFA) and N-trifluoroacetyl-(S)-prolyl chloride (TPC) as depicted on the poster. The urine from the suspect screened positive for amphetamines on the Syva EMIT system. The urine was extracted and derivatized the same as above. GC/MS confirmed the presence of propylhexedrine. MBTFA is used by the laboratory to provide data that can easily differentiate the sympathomimetic amines, while TPC is used to determine the stereo–chemical orientation of the amine that is detected. “Alternatives To Phenyl-2-Propanone As A Precursor In The Synthesis Of Amphetamine Or Methamphetamine” Terry A. DalCason and Scott S. Masumoto, Drug Enforcement Administration, North Central Laboratory, 610 S. Canal St., Room 500, Chicago, IL 60607, voice (312) 353-3640, fax (312) 353-9789. Phenyl-2-propanone (P-2-P, phenylacetone) continues to be an important precursor for the clandestine manufacture of amphetamine and methamphetamine in the United States. Prior to 1980, the ease in obtaining P-2-P and the variety of synthetic routes employing this compound made it the obvious, and preferred, precursor for the clandestine laboratory operator. Because of this, P-2-P was federally controlled in 1980. Subsequently, clandestine laboratory operators have found it necessary to obtain P-2-P through the “Black Market”, synthesize the compound themselves, or select a different precursor for amphetamine/methamphetamine synthesis. This last approach was quite evident from the reported increase in the use of phenylpropanolamine and ephedrine as precursors after the control of P-2-P. To alert the forensic community to additional precursors which may be used in illicit amphetamine/methamphetamine production, several lesser known synthetic routes are presented. “Texas-Branded Speed” Kathy Hines, Southwestern Institute of Forensic Sciences, 5230 Medical Center Drive, Dallas, TX 75235, voice (214) 920-5969, fax (214) 920-5908. No abstract available.

TECHNICAL PRESENTATIONS “Having A Blast With Ether” Raymond Kusumi, Washington State Patrol Crime Laboratory, 2nd floor, Public Safety Bldg., 610 3rd Avenue, Seattle, WA 98104, voice (206)464-7074, fax (206) 587-5023. A technique of opening ether cans for sampling, especially when peroxides are suspected to have formed is presented. This technique employs the use of blasting caps to gain access without causing a fire or high order explosion.

1992 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 2 NUMBER 4 — OCTOBER 1992

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “CLIC Member Safety Survey” Jerry Massetti, California Dept. of Justice, Fresno Lab, 6014 N. Cedar Ave., Fresno, CA 93710, voice (209)278-7732, fax (209)278-7731, and Ken Fujii, Contra Costa Co. Crime Lab, 1122 Escobar St., Martinez, CA 94553, voice (510)646-2455. Members of CLIC were recently surveyed about aspects of safety and medical monitoring, scene response, lab site safety, booby traps and explosives, analytical information, and deaths and serious injuries associated with clandestine laboratories. Responses to the survey will be summarized “Who Needs Regulated Chemicals? Phenylacetone Synthesis via Friedel-Crafts Alkylation” Thomas R. Ekis and Max Courtney, Forensic Consultant Services, P.O. Box 11668, Fort Worth, TX 76110, voice (817) 870-1710, fax (817) 338-0908. In response to increased activity in illicit amphetamine and methamphetamine synthesis laboratories, federal and various state statutes have targeted the supply of chemical precursors and other materials needed for the syntheses. Phenylacetone was controlled under U.S. law in 1980, but clandestine lab operators almost immediately began to synthesize their own phenylacetone, usually from phenylacetic acid. As further regulations on chemicals, including phenylacetic acid, have increased, many Crime Labs have witnessed a lessening of the number of active clandestine labs. Numerous other chemical reactions have been utilized in phenylacetone synthesis. The reaction discussed in this presentation was chosen because none of the chemicals are on many of the lists of regulated chemicals. “Estimation Of Drug Product Yields From Clandestine Laboratory Synthesis Routes” Edwin F. Albers III, Drug Enforcement Administration, South Central Laboratory, 1880 Regal Row, Dallas, TX 75081, voice (214) 767-7240, fax (214) 767-7507. Forensic chemists are frequently called upon to predict production yields in clandestine laboratory cases based upon either the quantities of starting materials present or the size of the empty reaction vessels. Theoretical yields may be calculated; however, these do not reflect the realities occurring in chemical combinations during a synthesis reaction. Law enforcement officers, prosecutors, judges and probation officers need more realistic data for their duties in apprehending, prosecuting and sentencing clandestine laboratory defendants. This study starts to address this issue by providing some empirical numbers that might be used to better estimate clandestine laboratory production yields. “Synthesis Of Phenethylamines Through The Leuckart Reaction” Max Courtney and Thomas R. Ekis, Forensic Consultant Services, P.O. Box 11668, Fort Worth, TX 76110, voice (817) 870-1710. fax (817) 338-0908. The predominant, nearly-exclusive synthesis route for clandestine laboratories in Texas that are manufacturing amphet-

VOLUME 2 NUMBER 4 — OCTOBER 1992

amine has been the Leuckart synthesis. The commonly-encountered reaction features a conversion of phenylacetone by a reaction with formic acid and formamide, with formation of an intermediate product, N-formylamphetamine. This paper presents results from controlled laboratory syntheses of amphetamine, methamphetamine, and N,N-dimethylamphetamine. Several variations of the reactions are discussed, along with product yields. “Some Noteworthy Clandestine Laboratories Seized In The Midwestern United States: A Slide Presentation” Terry A. DalCason, Drug Enforcement Administration, North Central Laboratory, 610 S. Canal St., Room 500, Chicago, IL 60607 voice (312) 353-3640, fax (312) 353-9789. Several clandestine drug manufacturing laboratories are detailed in a slide presentation. Each of the labs has noteworthy features distinguished by the type of reaction used, the location of the lab, or the methods used to avoid detection. Included are laboratories found in a semi-trailer truck, built underground, located in a condominium and a motel, and those built on farms. The presentation will help alert law enforcement personnel to evasive techniques employed in illicit drug lab operations. “From The Kitchen Of Uncle Fester” Raymond Kusumi, Washington State Patrol Crime Laboratory, 2nd floor, Public Safety Bldg., 610 3rd Avenue, Seattle, WA 98104, voice (206) 464-7074, fax (206) 587-5023. A slide presentation of the step by step process of making P2P as outlined by Uncle Fester in Chapter 8 of his first and second edition book, “Secrets of Methamphetamine Manufacture.” This visual illustration will help investigators and scientists to recognize the equipment, chemicals and reaction mixtures used in this process and at what step of the recipe they are. “In Search Of Reason: Evaluating Clandestine Labs for Court” Max Courtney, Forensic Consultant Services, P.O. Box 11668, Fort Worth, TX 76110, voice (817) 870-1710, fax (817) 338-0908. Forensic chemists are frequently asked to interpret their findings to assist the trier of fact and the trier of law in establishing what offense, if any, has been committed and in reaching a proper sentence level for the convicted violator. In the past ten years, there have been many new laws and many court decisions. The chemist must be prepared to offer testimony regarding numerous terms in “scientific-ese” that appear in case law and statutes and that may be very significant in the outcomes of these trials. Zealous prosecutors and “blameless” defendants may try to tempt the chemist to abandon reasonableness in favor of a desired verdict.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LAB SEIZURES LARGE PRODUCTION LAB FOUND AT BIG SUR,CA In June 1992, a property owner paid an unscheduled visit to his rental property in Big Sur, California. He observed what appeared to be scientific glassware and noted a strong acidic odor in the air. The occupants of the property assured him it was just a still and he should not be worried. The property owner was not reassured and contacted the Monterey County Sheriff’s Department. The sheriff’s department served a search warrant for the property with the assistance of the California Department of Justice Bureau of Narcotics Enforcement and Bureau of Forensic Services – Freedom Regional Laboratory. The suspects had dismantled the equipment during the time between the property owner’s visit and the service of the search warrant, and had fled the scene. All of the equipment had been moved inside a room in the garage / shed area, which was then boarded up. Inside this room were 8 – 22 liter round bottom flasks, still in their heating mantles, with reaction solutions still in them. There was approximately 20 gallons of reaction solution at the scene. The synthesis being used was the ephedrine – hydriodic acid route for methamphetamine. It appears this had been in operation for some time. The vegetation surrounding the area was dying from the strong acid fumes. Many empty trichlorofluoroethane containers were found at the scene. No precursor chemicals were found at the scene. Five full-size cylinders of hydrochloric acid gas were found in the room as well. In searching the residence, it appears Mexican nationals were being brought in to do the cooking. Numerous articles of chemical-stained clothing were located inside one bedroom in the residence. It was estimated that 7 or 8 individuals were living in this one room. A large sludge pit was located outside the garage. Apparently, they had been dumping their waste into this pit. The property owners are already investigating clean–up costs for the site, previously valued at $500,000. Julie Doerr CA DOJ Crime Lab – Freedom

ILLEGAL CAT LAB FOUND IN UPPER MICHIGAN PENINSULA Authorities in Michigan’s Upper Peninsula say the spread of the illegal drug methcathinone can be traced to an Ann Arbor man’s pharmaceutical knowledge gone awry. Methcathinone, known as CAT, is chemically similar to methamphetamine, or speed. It’s been found in raids on drug labs in Marquette, Ishpeming and Harvey, and in Iron and Gogebic counties. In Iron county alone, officials estimate CAT nets manufacturers and

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pushers $1 million a year. “It’s the most serious (drug) menace because it’s so damned cheap and easy to produce,” said Crystal Falls Police Chief Ken Stockero. “About $25 will get you high for most of the day.” Based on information from dealers and informants in Iron county, authorities link CAT’s abundance in the upper Peninsula to Karl Hofstater. When Federal drug agents raided Hofstater’s Ann Arbor house in June 1991, it marked the first seizure of a methcathinone lab in the United States, said Joseph Rassey, a Drug Enforcement Administration supervisor. Investigators found years of research and documents from pharmaceutical companies patenting the manufacture of the drug. Hofstater, 35, and codefendant Michael Griffor, 22, of Trenton, Mich., were convicted in June of possessing the ingredients to make CAT. They’re serving eight- and three-year sentences, respectively, according to U.S. District Court officials in Detroit. But authorities in northern Michigan believe Hofstater had friends in Marquette. CAT made its first appearance in Michigan’s Upper Peninsula in late 1988 or early 1989. Two Marquette men have been named in Federal indictments in connection with the manufacture of the drug. One remains a fugitive. The other, 24-year-old Vincent P. Swenor, was arrested and charged with manufacturing CAT in late July. Swenor’ s case is pending. If convicted, he faces a maximum 20-year prison sentence and $1 million fine. No more CAT labs have been found in lower Michigan, but the drug has spread like wildfire across the Upper Peninsula, officials say. “It doesn’t take a whiz-bang to put this stuff together. It takes about 24 hours. It’s like making cookies,” said Michigan State Police Sgt. James Davis, a member of the Upper Peninsula Substance Enforcement Team North. CAT ingredients include acetone, a paint solvent; toluene, used to make explosives; and muriatic or hydrochloric acid, a highly caustic chemical used in petroleum production and metal cleaning, officials said. Health officials in the Upper Peninsula say the drug is highly addictive, though they haven’t seen a high rate of abuse cases – yet. But most expect the cases to rise as usage becomes even more widespread. “It’s a dangerous drug that we’re just starting to become aware of,” said Lt. Mark Sowers, commander of the State Police post at Iron River. “It’s addicting and it’s dangerous.” Narcotics Control Digest Volume 22, Number 19, p. 6 September 9, 1992

1992 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 2 NUMBER 4 — OCTOBER 1992

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION COCAINE EXTRACTION LABORATORY SEIZED IN TORONTO On June 19,1992, the Ontario Region Health and Welfare Canada laboratory was asked to assist the Royal Canadian Mounted Police in the seizure of a laboratory which was extracting cocaine from leather suitcases used to smuggle the cocaine into the country. The laboratory was located in an apartment in a high–rise building. A 500 g brick of cocaine HCl, various residues, a pot containing 1 kg of cocaine base, several gallons of acetone and diethyl ether, and various household containers were found in the apartment. The following process best fits the evidence found at the premise. Leather containing cocaine was cut into pieces and soaked in dilute acid. The acid solution was made basic with ammonia, precipitating cocaine base, which was filtered, dried, dissolved in diethyl ether, and filtered through activated charcoal. Concentrated hydrochloric acid and acetone were added to the filtrate. The precipitated cocaine HCl was filtered and formed into a brick. An effort was made to determine how much cocaine could be soaked into the leather. By using cocaine HCl dissolved in water, 0.6 g of cocaine HCl could be soaked into one square inch of leather. Cocaine laden leather could not be visually distinguished from uncontaminated leather. John Hugel Health and Welfare, Canada – Scarborough, Ontario

CLANDESTINE LAB CAUSES SMALL FOREST FIRE The drought in Oregon has had fire suppression personnel on edge since April. Between the lightening and man-caused fires, crews have been kept busy this season. Now, a new problem has sparked concern. The Oregon State Police Forensic Lab – Medford assisted the Bureau of Land Management in investigating a two acre forest fire caused by a clandestine methamphetamine lab. Using propane camp stoves to heat the reaction flask, the camp cook came close to being barbecued. The flames must have spread quickly as a trail of glassware and chemicals was left behind on the logging road leading away from the site. Smokey’s going to have to wear his Nomex underwear as he strolls through the woods, and sniffing the air may be a definite health hazard. Gary Knowles OSP Forensic Laboratory – Medford, Oregon

CHICO AREA COOKS RELYING ON HOUSEHOLD ITEMS The summer months continue to yield a high number of clandestine laboratory responses for the California Department of Justice – Chico laboratory. Five laboratories were seized in

VOLUME 2 NUMBER 4 — OCTOBER 1992

August, while September generated twelve case submissions to the laboratory. All of the laboratories were related to either ephedrine processing or methamphetamine processing via the reduction of ephedrine with hydriodic acid and red phosphorus. The cookers in the area are becoming creative (or maybe desperate). This is evident from the makeshift laboratory equipment observed. At one site, an inventive heating mantle was a pan filled with hot oil so a round bottom flask could be evenly heated. The water circulation system was an water pump from a swamp cooler taped to an upside down frying pan. Also, a new source of solvent has been the messy process of extracting carburetor cleaner. Dianna Gentry Sweet CA DOJ Crime Laboratory – Chico, CA

HISPANIC GANGS ASSOCIATED WITH CENTRAL CA LABS Personnel from the California Department of Justice – Fresno Regional Laboratory assisted in the investigation of at least six clandestine methamphetamine laboratories during the months of July, August, and September that have been associated with Southern California Hispanic gang activity. The hydriodic acid – red phosphorus reductive process, using 2 to 8 – 22 liter reaction setups, were found at each scene. A 50 – liter setup was encountered once. Two scenes were observed to be actively refluxing without the use of condensers. All exposed interior surfaces of each room were coated with residue of iodine vapor. Wet HI – red phosphorus coated the exterior of the round bottom flasks and heating mantles. At most of the scenes, the solid red phosphorus was separated from the reaction solution by use of crude sieves. Folded bed sheets were tied with twine to the opening of numerous 5 gallon plastic buckets. At other scenes only the sheets, stained and burned with the red phosphorus and HI, were found. All of the scenes contained one or more 50 gallon Nalgenetype, open-topped, plastic drums fitted with a metal faucet or plastic spigot. These typically contained a two-layer mixture of aqueous sodium hydroxide and the heavier Freon 113 (l,l,2-trichloro-l,2,2-trifluoroethane). Up to 35 gallons of Freon 113 have been seen in one of these vessels. Most of the Freon 113 was found in 5-7 gallon metal cans, often unlabeled. Some were labeled “contact cleaner,” others were marked with manufacturer’s brand names such as Racon. Hydriodic acid was frequently found in red plastic 5 gallon gasoline cans or 1 gallon brown glass bottles. Precipitation of the hydrochloride salt was usually accomplished in 5 gallon plastic buckets placed beneath the faucet attached to the 50 gallon drum. Several four-foot HCl cylinders were found at most of the scenes. The solid product was typically scooped from the bucket using a large serving ladle. These six scenes took place in the central California counties of Kern, Tulare, Fresno, and Merced. At least one similar scene has also been observed earlier this year in San Bernardino,

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Ventura, and Riverside counties according to CLIC members who service those areas. Jerry Massetti CA DOJ Crime Laboratory – Fresno, CA

METHCATHINONE LABORATORY SEIZED IN SEATTLE, WA Recently, a raid was conducted on a suspected methamphetamine laboratory here in the Seattle area. A university chemistry student was involved and the lab site, when secured, proved to be a small scale “kitchen” operation. An examination of the glassware and equipment did not reveal much – very little in the way of sophisticated organic glassware; just a few Erlenmeyer flasks, a couple of reflux condensers, a magnetic stirrer / hot plate. The oven held a couple of plates of Epsom salt which makes a reasonable drying agent when heated to drive off water of hydration. Several empty ephedrine sulfate bottles and a few white double-scored tablets suggested that the cook may have been involved in the reduction of ephedrine to methamphetamine, but the absence of the usual reagents (red phosphorus, HI or thionyl chloride) began to make that look questionable. The puzzle became even murkier when we found a large, ten pound container of sodium dichromate and a gallon of battery electrolyte. The kitchen also contained a few gallons of toluene and acetone, not my solvents of choice for meth synthesis but readily available at the hardware store. In the refrigerator were several bottles of greenishcolored liquid, unlabeled, and containers of clear liquid with a white solid material in suspension near the bottom of the flask. It all began to come together when a detective found, rummaging through our suspect’s personal papers, his class notes from organic chemistry and a recipe describing what looked like an oxidation reaction. The handwritten papers starts with the extraction of ephedrine from tablets into water. The solution is chilled, then reacted with sodium dichromate – sulfuric acid and extracted (after making the reaction mixture basic) into toluene. It took awhile to figure out that our suspect was trying to synthesize methcathinone (also called ephedrone – see K. Zhingal, et al., “Ephedrone: 2-Methylamino-l-phenylpropan-l-one,” J. Forensic Sciences, Volume 36, Number 3, May 1991). We tried duplicating this procedure in our lab with reasonably good results (we took care of any excess dichromate by adding a little oxalic acid). The synthesis does not require any expensive laboratory glassware, just a little caution handling some strong oxidizers. We are not aware at this time how the finished product compares pharmacologically to methamphetamine, but from what we’ve read our Russian counterparts note that this compound is being routinely abused. This synthesis (and apparently the same recipe) has also appeared in Michigan and is associated with college students. The limiting factor in the production of this compound illicitly would have to be the supply of ephedrine. But here in Washington, one can readily purchase the familiar double-scored tablets through mail order with impunity. Since dichromate is easier to buy than HI and red phosphorus, we would not be surprised to see more of this substance being manufactured. As yet, none of it has turned up on the streets in our area and this may only be an isolated incident. Erik Neilson WSP Crime Laboratory – Seattle, WA

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STOVE–TOP LAB IGNITES IN LAS VEGAS, NV Investigators for the Las Vegas Metro Police Department Narcotics section recently experienced an ignition of a reaction mixture on top of an electric kitchen stove. The agents had just sold the suspects 8 ounces of ephedrine in a reverse–undercover operation and the suspected lab site had been under surveillance for about 1.5 hours. When the agents served their search warrant, they found 3 round Pyrex dish approximately 3 inches deep and containing what appeared to be a HI–red phosphorus reaction mixture setting on the kitchen stove top. The burners under each dish was on high and glowing bright red causing the mixtures in the dishes to boil. One of the agents moved one pan off the burner to cool and was starting to turn the burner control down when the pan exploded in flames scorching the stove top, the kitchen ceiling, and setting a second pan on fire. The fire was contained and quickly put out. The cause of the ignition of the reaction solution is unknown at this time. No one was injured in the incident. Tom Harber LV Metro Police Department – Las Vegas, NV

MDMA, PHENYLACETONE LAB SEIZED IN ORANGE CO.,CA The Orange County Sheriff–Coroner’s Crime Laboratory was recently involved in the seizure of an operating methamphetamine laboratory which was using the ephedrine–hydriodic acid reduction route. Also present were large quantities of safrole, sassafras oil (a source of safrole), hydrogen peroxide, and formic acid. Potassium hydroxide was also indicated at the scene. These items are precursors and reagents for the synthesis of 3,4-methylenedioxyphenyl-2-propanone, a precursor for the synthesis of MDA and MDMA [1]. A large quantity of MDMA was also found at the laboratory. Additionally, a large amount of 1,3-dimethylurea was indicated at the scene. This compound potentially could be converted to methylamine for the synthesis of MDMA using 3,4-methylenedioxy-P-2-P, or potentially could be directly reacted with 3,4-methylenedioxy-P-2-P and formic acid for the synthesis of MDMA [2]. safrole

KOH

formic acid, H2O 2 isosafrole 3.4-methylenedioxy-P2P

A large amount of α-methylcinnamaldehyde was also present at the laboratory. Through a letter sent to the California Department of Justice from the DEA, this laboratory has learned phenyl-2-propanone can be synthesized from this compound using hydrogen peroxide and an organic selenium catalyst [3].

REFERENCES 1. 2. 3.

T. Lukaszewski, JAOAC, Volume 64, Number 4, 1978, pp. 951967. J. Clandestine Laboratory Investigating Chemists, Volume 1, Number 3, 1991, p. 2. L. Syper, Tetrahedron, Volume 43, Number 12, 1987, pp. 28532871. John Davis Orange County Sheriff-Coroner’s Forensic Science Services Santa Ana, CA

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

WHO NEEDS REGULATED CHEMICALS? PHENYLACETONE SYNTHESIS THROUGH A FRIEDEL-CRAFTS ALKYLATION THOMAS R. EKIS, BS AND MAX COURTNEY, MS Forensic Consultant Services PO Box 11668 Fort Worth, Texas 76110

THE FRIEDEL–CRAFTS REACTION In 1877 a Frenchman, Charles Friedel, and an American, James M. Crafts, began experimentation that led to their discovery, and subsequent confirmation by other researchers, that almost any alkyl chloride or alkyl bromide can be condensed catalytically with an aromatic hydrocarbon to produce a hydrocarbon of mixed type [I]. The general reaction is as follows: Ar-H + RX

Ar-R + HX

One limitation of the reaction is the added alkyl group is electron-releasing and activates the ring for further substitution. Polysubstitution cannot be avoided; hence, low yields and extensive purification are disadvantages [2]. The reaction can be simply seen as progressing through a carbonium ion intermediate: R-Cl + AlCl3

R+ + AlCl4-

with the carbonium ion then reacting with the electron-rich ring: Ar-H + R+ H+ + AlCl4-

Ar-R + H+ and HCl + AlCl3

Generally, the carbonium ion exists as an ion pair or as a complex. The reaction kinetics are third order: first order each in aromatic substrate, attacking reagent, and catalyst [3].

HISTORICAL BACKGROUND FOR SYNTHESIS OF PHENYLACETONE In the 1960s and 1970s American society witnessed the dramatic growth of the illegal and quasi-legal abuse of stimulants, notably amphetamine and methamphetamine [4]. To deal with this problem, the Federal government pressured licensed manufacturers, shippers, and practitioners to impact the large– scale diversion of the drugs to the illicit market. Because a steady demand had been produced, the criminal element turned to clandestine manufacture of the stimulants. The growth of clandestine stimulant laboratories is well documented [5,6].

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Many illegal lab operators synthesized either amphetamine or methamphetamine from phenylacetone (phenyl-2-propanone). To restrict this precursor from illegal use, the Federal government added phenylacetone to the list of controlled substances in 1980, and with many states duplicating this regulation. Since a profitable and illegal, industry had been born, violators resorted to other methods to manufacture the drugs and precursors. One common method is for the violator to synthesize phenylacetone from another readily available precursor, phenylacetic acid. Trying again to deny the clandestine chemists the necessary chemicals for drug production, Federal and many states enacted laws to regulate the sale of numerous chemicals, including phenylacetic acid [7]. It would appear these new regulations are having the desired effect on clandestine synthesis. For example, Tarrant County, Texas law enforcement agencies seized several hundred amphetamine and methamphetamine labs from 1988 to 1990 [8]. Since the State statute regulating the transfer of phenylacetic acid was established, fewer cases are being encountered. Since the trafficking and abuse patterns have been well established for a number of years, it seems plausible for violators will attempt to bypass the chemical regulations by using other synthetic pathways. The Friedel–Crafts reaction is a logical and simple procedure for synthesizing phenylacetone without using restricted or watched precursors.

PHENYLACETONE SYNTHESIS VIA FRIEDEL–CRAFTS In 1940, Mason and Terry reported the synthesis of phenylacetone by a Friedel–Crafts reaction. Their synthesis was the reaction of chloroacetone with benzene in the presence of aluminum chloride. Using classical separation and purification techniques, they obtained a yield of 32% of theoretical [9].

PROCEDURE Four reaction variations were attempted in the synthesis, patterned generally after the Mason and Terry experiment. First, the reaction was substantially replicated. Secondly, a lower grade of benzene was substituted and the reaction was repeated. Thirdly, ferric chloride and iron were substituted for aluminum chloride. Finally, the reaction was run without some of the subtleties used by Mason and Terry, in an attempt to postulate how the synthesis might be run in a clandestine lab operation with a non–chemist overseeing it.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Reagents: aluminum chloride, anhydrous, AR, Mallinckrodt 3147 benzene, thiophene-free, 99+%, Aldrich 15,630-2 benzene, ACS, Aldrich 31,995-3 chloroacetone, 96%, Aldrich 16,747-9 ferric chloride, anhydrous, 98%, Aldrich 15,774-0

INSTRUMENTAL ANALYSIS: Phenylacetone was identified as a film using a Beckman 4230 IR spectrophotometer. Reaction solutions were screened and quantitative analyses of reaction mixtures were performed using a Perkin-Elmer Sigma 2B GC, fitted with 6’ x l/4” glass column, 3% OV-10l on 80-100 mesh Chromosorb W. Run One: A 500 ml, double-neck, round-bottom flask, fitted with a thermometer and a Claissen adapter was charged with 41.0 g of aluminum chloride and 100 ml of thiophene–free benzene. Into the center neck of the adapter was fitted a water– cooled reflux condenser, the other neck was fitted with an addition funnel. The condenser top was vented through a sulfuric acid trap with a downstream release through a one–way valve. The reaction was heated on a hot plate and magnetic stirrer to a vigorous boil and 13.9 g of chloroacetone was added over 40 min from the addition funnel. The reaction was refluxed for 5 h with constant stirring. The gaseous effluent from the sulfuric acid trap was vented into a fume hood. The reaction mixture turned red in 1 h and black in 5 h. After cooling, the mixture was decomposed by slow addition of water. When the release of gaseous products ceased, 50 ml of 6M HCl was added to the flask. The mixture was placed into a separatory funnel and the upper organic phase was separated. The aqueous phase was extracted with four 25 ml portions of benzene and the extracts combined with the organic phase. The combined organic material was washed with an equal volume of water, then with an equal volume of 20% NaOH solution, and then again with water. The washed organic fraction was filtered through paper and boiled to reduce the volume to 50 ml. A small portion of the organic fraction was volatilized on a hot plate onto a microscope slide. The IR spectrum of the condensate was obtained from a neat film and identified as phenylacetone. Quantitative GC analysis was performed on the organic fraction. Run Two: This experiment duplicated Run One except for the substitution of ACS benzene for the thiophene–free benzene. Run Three: In this experiment 50.3 g of ferric chloride and a nail were substituted for the aluminum chloride. All other quantities were identical. This procedure used larger quantities of water and benzene due to the formation of emulsions. Run Four: This run repeated the first except that the magnetic stirrer was not used.

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RESULTS In all four reactions copious quantities of hydrogen chloride were released throughout the reactions, but especially upon addition of the chloroacetone. Upon addition of the water at the end of the reflux, the reactions using aluminum chloride vigorously liberated hydrogen chloride, but the ferric chloride reaction did release more gas upon quenching. The analyses of the washed organic layers from each reaction with aluminum chloride produced phenylacetone, but only a possible trace of phenylacetone resulted from the reflux with ferric chloride. Run One: The resulting organic fraction weighed 48.1 g and was found to contain 9.9 g of phenylacetone. Except for analytical confirmation by IR of the presence of phenylacetone in a small sample, no further purification was attempted. The reaction yield of phenylacetone in the impure mixture is 49% of theoretical. No unreacted chloroacetone was detected in the product. Run Two: The organic fraction weighed 38.8 g and contained 9.5 g of phenylacetone for a yield of 48% of theoretical. Again, no detectable quantity of chloroacetone remained. Run Three: The organic product of the reaction with ferric chloride was analyzed for phenylacetone by GC and showed a minor peak corresponding to the retention time of phenylacetone in the midst of numerous other peaks. Unreacted chloroacetone was found. The identity of phenylacetone was not confirmed. Run Four: In a final organic fraction weighing 26.0 g, phenylacetone was found in the amount of 9.3 g in the impure mixture, corresponding to a yield of 47% of theoretical. No chloroacetone was identified in the final mixture.

DISCUSSION The Friedel–Crafts synthesis of phenylacetone from benzene and chloroacetone is generally successful when aluminum chloride is used as the Lewis acid catalyst. Yields near 50% were obtained after 5 h of reflux. Substitution of ferric chloride for the aluminum chloride produced no significant quantity of phenylacetone. The quality of benzene compared is not a factor in the yield. Similarly, use of a mechanical stirrer did not measurably affect the yield. Potential For Clandestine Lab Use: The synthesis of phenylacetone via the Friedel–Crafts alkylation appears to be well–suited for use in a clandestine lab situation. When compared with the synthesis from phenylacetic acid, several advantages were found: 1. There is little odor emanating from the chemicals or the processes; 2. The reaction time is substantially reduced; 3. The yield is favorable; 4. No special equipment, beyond that normally found in a clandestine lab, is required;

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 5. 6. 7.

No complex procedures are required; A lower reflux temperature is used; and None of the chemicals used are regulated or watched.

3.

There are, however, several disadvantages: The reaction mixture is flammable; Chloroacetone is a mutagen and benzene is both a carcinogen and a mutagen; 3. The reaction is sensitive to water, so materials must be kept dry, and 4. The reaction mixture generates copious quantities of HCl during the reaction and the quenching. Interestingly, if the violator had a quantity of amine oil from a previous cook, the hydrogen chloride could be used to powder the oil from the excess benzene recovered by distillation during purification.

5.

1. 2.

REFERENCES 1. 2.

4.

6. 7.

8.

9.

Friedel, Charles, Ber., Volume 32, p. 3721, 1899. Fieser, Louis F. and Fieser, Mary, “Advanced Organic Chemistry,” New York: Reinhold Book Corp., 1961.

March, Jerry, “Advanced Organic Chemistry: Reactions, Mechanisms, and Structure,” McGraw–Hill Book Co., 1968. Julien, Robert M., “A Primer of Drug Action,” 3rd Ed., San Francisco: W.H. Freeman and Co., 1981. Courtney, Max, “Investigation of Clandestine Amphetamine Laboratories,” Burleson: Spotlight Publishing Co., 1989. Frank, R.S., “The Clandestine Drug Laboratory Situation in the United States,” J. Forensic Science, Volume 28, 1983 p. 18. Ely, Roger, Ed., “Comparison of the Western United States Manufacturing and PrecursorLaws,” J. Clandestine Laboratory Investigating Chemists, Volume 2, Number 3, 1992. p. 15. Ekis, Thomas R., Courtney, Max, and Maberry, J. M., “The Efficacy of Latent Print Examinations in Clandestine Lab Seizures,” Southwest Association of Forensic Scientists Journal, Volume 13, Number 1, 1991, p. 34. Mason, J. Philip and Terry, Lewis I., “Preparation of Phenylacetone,” J. American Chemical Society, Volume 62, 1940, p. 1622.

Binders Containing Handouts From These Presentations Are Available on a Limited Basis for Only $25.00 Each First Come — First Serve To order yours, contact: Max Courtney (817) 870-1710 - Voice (817) 338-0908 - FAX

VOLUME 2 NUMBER 4 — OCTOBER 1992

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

COURTROOM PRESENTATION OF CLANDESTINE DRUG LABORATORY CASES DONN CHRISTIAN BS AZ DPS Crime Laboratory PO Box 6638 Phoenix, AZ 85005

ABSTRACT The chemist’s testimony is an essential element in the prosecution of a clandestine drug laboratory. The pretrial preparation is as important as the actual testimony. The use of visual aids during testimony can take a complicated process and reduce it into everyday language, thus increasing jury understanding.

INTRODUCTION The scientific analysis of evidence submitted to crime laboratories by police agencies has been the focus of the majority of relevant literature articles [1–5]. Relaying the results of the analyses to a jury is just as important but receives little notice. This paper is dedicated to the courtroom presentation of a clandestine drug laboratory case. In the prosecution of a clandestine drug laboratory, the chemist’s testimony is essential. The officers and agents will establish who the participants are in the illegal activity and the items of evidence that were seized. However, the chemist’s explanation of how all the chemicals and equipment can be combined to manufacture a controlled substance is critical in establishing a crime has been committed. If the chemist does not effectively relay this information to the jury, a conviction may be difficult to obtain. There are two situations in which a chemist may be called to testify in a clandestine drug laboratory case. The first is where the chemist was an active participant in the laboratory seizure and performed laboratory analyses on the samples. In the other situation, the chemist acts as an independent expert who evaluates information concerning a suspected clandestine lab operation. Both situations will be discussed.

CASE PREPARATION A chemist’s trial preparation for a clandestine drug lab case begins with the first conversation with the officer writing an affidavit for a search warrant. Everything the chemist does and says at the scene of a suspected clandestine drug lab also has potential evidentiary value. The chemist determines which samples are taken, which items should be disposed due to contamination, and what drugs were manufactured. A good photographic record supplemented with comprehensive notes taken at or shortly after the search will be invaluable come trial time. These records will allow the chemist to remember details of the lab operation and the sampling procedures used to base the opinion of the existence of a clandestine laboratory

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operation. Photographs and notes will also help the chemist remember why certain items were sampled and not others. As a whole, the laboratory analyses of samples from a clandestine drug lab is no different than the analyses necessary to identify a controlled substance. A reaction mixture is, in essence, a liquid in which the chemist is trying to identify any controlled substance as well as precursors, by–products, diluents, reagents, and solvents. Many of the same techniques used to identify the controlled substance are used to identify these other components. With the information from the laboratory analyses and the information recorded from the scene, the chemist should be able to form the following opinions: * Synthesis route being used * Step in the synthesis at the time of seizure * Other synthesis routes that may have been used * Estimated production of each synthesis route using the chemicals and equipment on hand * Total amount of finished product The chemist’s courtroom presentation of a clandestine drug laboratory case is the other half of the job; the chemist’s testimony ties all the pieces of information together. The chemist must present technical information to a jury in an understandable fashion. No matter how much evidence is presented, a conviction for the manufacture of a controlled substance may be difficult to obtained if the chemist cannot demonstrate how it all fits together. The two portions of a chemist’s courtroom presentation are: * Pretrial conference * Testimony

PRETRIAL CONFERENCE As soon as the chemist knows a clandestine drug laboratory case is going to trial, a pretrial conference with the prosecuting attorney should be scheduled. Ideally, the prosecutor handling the case will be knowledgeable in clandestine drug lab prosecutions. In the real world, prosecutors handling narcotics cases are generally inexperienced and not knowledgeable in the intricacies of clandestine drug lab cases. Therefore, the chemist’s first job is that of a teacher. During this pretrial conference, and all subsequent meetings, the chemist should:

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Educate the prosecutor about clandestine drug labs in general The chemist needs to explain to the prosecutor what a clandestine drug lab is and that they have many forms. The chemist must explain that clandestine drug labs can range from a simple “crack” conversion operation to an elaborate synthesis using exotic chemicals and expensive equipment. Educate the prosecutor about the specifics of this clandestine drug lab. Once the prosecutor knows what a clandestine drug lab is, the chemist can explain what type of operation is being dealt with in this particular instance. The chemist should explain which chemicals and equipment are needed for the suspected synthesis used, giving the prosecutor a step–by–step explanation on how all the items fit together. Tell the prosecutor what indicates a clandestine drug lab exists in this instance Once the prosecutor understands the process being used, the chemist can explain which items of evidence support the opinion about this operation. Tell the prosecutor what items are missing The chemist must also inform the prosecutor what items were not found at the scene, what their significance to the process was, and if their absence affects the opinion about this operation. Explain the sampling procedures that were used The chemist must explain the sampling process. The prosecutor must understand it is unrealistic to sample every container at the scene. The prosecutor must understand the determination of what items were sampled was based on the scene chemist’s training and experience. Explain chemical disposal (if used) Because of the toxic and hazardous nature of many of the chemicals and equipment seized from a clandestine drug lab, many jurisdictions have opted to dispose of them after properly sampling and photographing the items. The prosecutor needs to understand the disposal was done for the safety of the agents at the scene, for the lack of proper storage facilities for the seized chemicals, and to avoid contaminating the courtroom by bringing hazardous material in during trial. It must also be stressed no evidence was destroyed, all relevant evidence was sampled, photographed and original volumes noted. Discuss visual aids The use of simple, concise visual aids should be discussed with the prosecutor. Used properly, visual aids can take a complicated process and reduce it to simpler terms. For example, visual aids can show what items are necessary to manufacture a controlled substance and compare it to the actual evidence exhibits. They can also demonstrate how the equipment exhibits

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fit together to make the reaction apparatus. Outline testimony Trial attorneys have a basic examination rule: do not ask a question unless you know the answer. By the same token, there is no reason the chemist should be surprised by a question from the prosecutor. When the chemist works with the prosecutor to create a line of direct examination, it should flow smoothly with no surprises, and with all relevant questions being addressed.

TESTIMONY During his presentation, the chemist should follow the standard courtroom demeanor * Present a professional appearance * Tell the truth * Address his answers to the jury * Answer only the question (do not volunteer information) The basic testimony is similar to the testimony of a simple drug identification. Testimony concerning voir dire, establishing the chain–of–custody and laboratory analysis of samples is essentially the same. There will be different areas of testimony because of the different roles the chemist plays during the investigation. The testimony concerning how the seized items could be used to manufacture a controlled substance should be the dynamic part of the chemist’s presentation. The chemist should interact with the appropriate exhibits and prepared visual aids to demonstrate to the jury how the exhibits relate to each other. During testimony, the chemist must always refer to evidence items by the exhibit number. Even though the chemist is holding the exhibit and the jury can see the item, the chemist must always be aware there is a written record being taken. The reader of the transcript would not understand “insert this here,” but would comprehend “place Exhibit #13 into the outlet on Exhibit #24.” Therefore, the chemists should always describe what they are doing with the evidence items so it will accurately be reflected in the record. The format used to testify about clandestine drug labs in general, as well as the specifics of the particular case, will depend upon the prosecutor, the personality of the chemist and what the court will allow, e.g., questions with a narrative answer, or questions with a specific answer. The chemist and prosecutor should work together to establish a basic approach so they will both be comfortable with this portion of the testimony. If the chemist is not comfortable giving narrative answers in front of the jury, he will be more effective with a specific answer format. In the narrative answer format, the prosecutor asks an open– ended question. The chemist asks the court’s permission to use the exhibits and / or prepared visual aids to demonstrate the answer to the jury. The chemist then gives a narrative answer covering as much of the topic as appropriate. This method of testimony is entertaining as well as informative to the jury. Because of the deviation from the normal dry question and answer format, the information will have more of an impact on

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION the jury. The specific answer format uses specific questions with specific answers to present the information to the jury. This format is drier and more time consuming than the narrative answer approach. The jury may get bored and lose interest in the testimony, thus not retaining the necessary information. There may be occasions where no matter how prepared the chemist and prosecutor are for a narrative answer format, the defense may object and the court rule that a specific answer format be used. Therefore, it is essential the prosecutor be knowledgeable in the particular type of clandestine drug lab being tried so appropriate questions are asked.

CROSS EXAMINATION The cross examination of the chemist varies widely. Questions will range from “no questions” to a wide range of hypothetical questions designed to cloud the issues at hand. If the chemist is properly prepared for direct examination, there should be no problem with the cross examination. Most of the points the defense will bring up should have been covered in the direct examination. This will avoid an appearance that the prosecution is trying to hide something. Examples of these points are: * Legitimate uses for the chemicals and equipment * Why the chemicals and equipment were disposed of * What other products could result from the combination of chemicals that were seized Often not all of the chemicals and / or equipment necessary for a particular synthesis are found at the scene, but there is enough evidence to indicate a particular synthesis was being used. In these instances, the defense will contend since all the necessary items were not at the scene, the chemist cannot make the determination of the existence of a clandestine drug lab. The chemist must be confident with his opinion and not get caught in the “what if” game the defense wants to play. A few points the chemist should keep in mind during cross examination are: * Be sure you understand the question * Answer only the question * Do not argue with the attorney * Know your limits * Be truthful Be sure you understand the question and answer only the question asked. Attorneys word questions a certain way for a reason; with a given question, they expect a certain response. The question may be intentionally vague and unclear to obtain a particular response from the witness. If the chemist does not understand the question or does not like the way it is worded, he should ask the attorney to repeat or rephrase it. Answering what he thinks the question is or what he thinks the attorney wants to hear will only lead to problems and misunderstandings. All of this can be cleared up during redirect examination. However, the

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chemist’s credibility can be compromised and a certain amount of doubt created. Do not argue with the attorneys. Defense attorneys have been known to badger and harass expert witnesses. This combative approach to cross examination is done to shake the witness’ confidence or fluster the witness into giving inaccurate answers to his questions. The defense attorney should be treated in the same courteous manner as the prosecutor with no appearance of favoritism on the part of the chemist. If the chemist loses composure, an amount of credibility may also be lost. A calm, composed response to an offensive line of questioning will give the jury the impression the chemist is being abused by the defense attorney, giving the testimony more credibility. The chemist should know the limits of their expertise. If the answer to a question or the answer is beyond their expertise, it should be stated. Stating facts without direct knowledge, embellishing the truth to make a point, or showing off their expertise will do more harm than good. A degree in chemistry does not make the chemist an expert in all areas of science. Telling the truth to the best of your knowledge is the best defense to an attack on your credibility. Chemists work long and hard to build a reputation as an expert; one bluff or exaggeration can place a tarnish on their credibility that may be hard to remove.

INDEPENDENT EXPERT There may be times a qualified chemist will be called to give testimony concerning a suspected clandestine drug lab where there was no direct involvement. A chemist familiar with clandestine drug labs can give this type of expert testimony. The pretrial conferences with the prosecuting attorney cover essentially the same areas as the pretrial conferences when the chemist was an active participant in the lab seizure. The only difference is the independent chemist may ask for additional examinations to be performed or additional items of information to be provided. The independent chemist’s testimony is almost solely opinion, giving a little more latitude in what they can testify to. They must stick to the facts of the case but, as an expert giving an opinion, they are allowed to make some assumptions based on those facts – being careful not to exaggerate the significance of a point. The independent chemist should be conservative in their opinions, keeping in mind the goal is the truth. Many of the items seized in clandestine drug labs have legitimate uses and the independent expert should be willing to admit to such uses. However, the facts as presented indicate the items were being used to manufacture a controlled substance.

VISUAL AIDS The use of visual aids is important both to the independent chemist and the chemist who worked the entire case. Visual aids will allow the chemist to demonstrate the relationship between items which helped form the opinion the items were used to manufacture a controlled substance. Studies show an audience will retain 55% of what they see as opposed to 10% of what they

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION hear [6, 7]. Thus, the use of appropriate visual aids will go a long way in demonstrating a point the chemist is trying to make. Visual aids will also break up the dull question and answer format of a trial, leaving a greater impression on the jury. Visual aids should be: * Simple * Easy to read * Easy to understand * Colorful Keep visual aids simple. Use the one to one rule, i.e., one central idea per visual aid. If a visual aid is too busy or confusing, the point may be lost because the jury will ignore it. Unless absolutely necessary, do not use complete sentences when labeling a visual aid. Too many unnecessary words create a busy visual aid; use keywords that will stick in the jury’s mind and reinforce the points being stressed. Visual aids should be easy to read from a distance. When making visual aids, the chemist should put themselves in the jury’s position and ask if everything on the visual aid can be seen. Points that cannot be seen clearly will not be properly reinforced and lose the desired impact. Easy to understand terms and symbols should be used. Most jurors do not have a science background; however, the chemist can use chemical shorthand to advantage. An example would be “hydriodic acid.” The word is hard enough to pronounce, must less spell. If the chemist uses the abbreviation “HI,” a more palatable term is presented and the jury will have an easier time remembering. Most chemicals have some type of abbreviation or common name that the jurors can relate to. The same philosophy holds true with diagrams of reaction apparatus; the diagrams should be as simple and generic as possible and still get the point across. The use of color can be an effective tool, especially if a visual aid is going to be used to make a number of different points. Each color should represent an idea, thus keeping with the one idea / one visual aid concept. An example of this would be to have the list of chemicals necessary to manufacture methamphetamine on a visual aid in one color. In a different color, the exhibit number is placed next to the corresponding chemical, indicating which chemicals were present at the lab scene. There are two ideas presented on a single visual aid but they are differentiated by different colors. The chemist may use visual aids as a memory refresher when talking about a process or a particular set of exhibits. A well prepared set of visual aids can be used as an outline for a narrative testimony. The chemist can use the key words and items the jury must remember to remind him of what he wants to say. The types of visual aids that may be used in court are: * Photographs * Slides * Flip charts * Evidence exhibits * Some combination of the above

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Photographs Photographs should be a minimum of 8” x 10” so the jury can see details as the chemist explains the significance of the subject depicted in the photograph. The advantages to photographs are: * Show the suspected lab site as it was found * Shows items that were disposed * Shows the original containers of sampled items * Can be used in court instead of bulky seized items * Jury can easily handle during testimony and deliberation * Can write on to point to aspects of the photograph that are to be stressed * Use photos to prompt narrative testimony The disadvantages of photographs are: * The small size prevents the jury from seeing what the chemist is talking about during his testimony * It is hard to demonstrate how two exhibits physically fit together using photographs * Photographs being handled by the jury during testimony will distract from the actual testimony Slides Slides have many of the same advantages of photographs. In addition, slides present a larger picture for the jury to see during the chemist’s testimony, allowing specific items of interest to be emphasized. The disadvantage to slides are: * The room lights may be dimmed, obscuring the jury’s view of the chemist * Slides are hard to review in the jury room * It is hard to demonstrate how two exhibits physically fit together using slides * Cannot write on slides to stress a point, indicate an exhibit number or relationship to another exhibit Flip Charts And Overheads Flip charts and / or overhead projectors can be some of the most versatile of visual aids available to the chemist. Their advantages are: * Can be made in advance * Use simple, easy to understand lists or diagrams * Can show inter-relationship between exhibits * One chart can be used for both general and specific explanations * Can be written on during testimony to stress points * Hidden marks can be placed on them to refresh the chemist’s memory * Can be taken into the jury room during deliberation * Easily seen by the jury during testimony Evidence Exhibits Using the actual items seized from a clandestine drug lab during the chemist’s testimony is very impressive. The jury can:

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION * *

See the actual items See how the items can be connected to make the reaction apparatus that was described to them

However, the problems with using the actual items are: * The actual items are generally disposed of at the scene * If the items were not disposed of, they may still pose a potential chemical hazard * The size of the items may not allow them to fit into the courtroom.

COMBINATION OF VISUAL AIDS In a court presentation, the chemist will use some combination of visual aids. Each case will have a different set of evidentiary items to work with. The chemist should determine which types of visual aids they prefer and devise a basic explanation of how and why this certain set of circumstances constitutes a clandestine drug lab. The explanation should be flexible enough to include or exclude any type of evidence that is available. Once the basic explanation is established, courtroom presentations of clandestine drug lab evidence should become second nature with a little practice. The facts concerning the case and exhibits used will change, bat the overall principles will remain the same.

CONCLUSION The courtroom presentation of forensic evidence is probably the most neglected part of the chemist’s job. Nowhere is it more important than in the presentation of a clandestine drug lab, for the case often hinges on the chemist’s opinion. If the chemist makes a poor presentation, the case may be lost. The chemist’s education of the prosecuting attorney is essential to the successful presentation of a clandestine drug lab case. The prosecutor must know what made this particular situation a clandestine drug lab so proper questions are asked. Pretrial

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meetings are essential for the chemist and prosecutor to devise a script to present all of the information to the court without any surprise questions to the chemist or surprise answers to the prosecutor. The proper use of visual aids will make a chemist’s presentation more effective because the jury will retain twice as much of what they see as opposed to what they hear. The presentation of forensic evidence in court is a skill the forensic chemist must develop to the same extent as their analytical technique. If the chemists is proficient in courtroom presentation, the most sophisticated evidence in the world may fall on deaf ears.

REFERENCES 1. 2. 3.

4. 5. 6. 7.

Phillips, K.A., “The ‘Nuts and Bolts’ ofTestifying as a Forensic Scientist,” J. Forensic Science, Volume 22, Number 2, 1977, p. 457. Kogan, L.D., “On Being a Good Expert Witness in a Criminal Case,” J. Forensic Sciences, Volume 23, Number 1, 1978, p. 190. Pollack, S., “Observations on the Adversary System and the Role of the Forensic Scientists: Scientific Truth v. Legal Truth,” J. Forensic Science, Volume 18, Number 3, 1973, p. 173. Whittaker, E., “The Adversary System: Role of the Criminalist,” J. Forensic Science, Volume 18, Number 3, 1973, p. 184. “Court Testimony Workshop,” presented at the Southwest Association of Forensic Scientists Training Seminar, October 1986, El Paso, Texas. “Effective Testifying Skills,” presented by the Arizona Department of Public Safety, February 1989, Phoenix, Arizona. “Police Instructor Certification,” presented by the Arizona Law Enforcement Officer Advisory Board, June 1991, Phoenix, Arizona.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

A CLANDESTINE LABORATORY EXTRACTING PROPYLHEXEDRINE FROM BENZEDREX INHALERS PAMELA JOHNSON, BS AND R.C. BRINER, PH.D. SEMO Regional Crime Laboratory Southeast Missouri State University One University Plaza Cape Girardeau, Missouri 63701–4799

BACKGROUND A raid on a suspected clandestine methamphetamine lab netted paraphernalia and several boxes of Benzedrex inhalers. A tan powder, several pieces of paraphernalia and a urine specimen were submitted to the laboratory. The powder was examined using the Marquis test and gave little to no color. Testing the powder with nitroprusside gave a positive test for a secondary amine; however, the color was slow to form and appeared to be more purple than blue. Subsequent analysis of the powder and paraphernalia revealed the presence of propylhexedrine (Fig. 1),the active ingredient found in the Benzedrex inhalers. Samples were derivatized for GC/MS with N-methyl-bistrifluoroacetamide (MBTFA) and N-trifluoroacetyl-(S)-prolyl chloride (TPC or TFAP) (Figs. 2 and 3). MBTFA is used by the laboratory to easily differentiate the sympathomimetic amines. TFAP is used to differentiate the stereochemical orientation of the amine identified and give an indication as to a possible method of manufacture. The urine from the suspect screened positive for amphetamines on the Syva Emit system. The urine was extracted and derivatized the same as above. GC/MS confirmed the presence of propylhexedrine.

CH3 HN

CH3

Figure 1. Structure of propylhexadrine, active ingredient in Benzedrex inhalers

ANALYSIS ON SAMPLES The primary instrument used for confirmation of drug and toxicology samples is gas chromatography- mass spectrometry (GC/MS). The use of the Ion Trap 800 Mass Spectrometer (Finnigan MAT, San Jose, CA.) allows collection of a full mass spectrum for each material tested due to the increased sensitivity over other mass spectrometers [1]. Full spectral data is the most conclusive as to the identification of drugs and their metabolites

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compared to techniques that monitor a few ions. Many sympathomimetic amines produce mass spectra which are difficult to interpret due to production of a weak molecular ion and/or a low fragmentation ion pattern. Our laboratory uses two derivatization reagents to distinguish between the sympathomimetic amines. 1. 2.

N-trifluoroacetyl-(S)-prolyl chloride (TFAP or TPC), Regis Chemical Co., Morton Grove, IL (Cat No. 440001) N-methyl-bis-trifluoroacetamide (MBTFA), Pierce Chemical Co., Rockford, IL (Cat. No. 49701)

MATERIALS AND METHODS TFAP - Enantiomeric Determination [2] Sympathomimetic amines are extracted from basic solution (pH 9) using an organic solvent. A liquid/liquid extraction using 7 ml capped tube, 5 ml of solution (urine or a basic aqueous solution of tablet, powder or residue) and 2 ml of organic solvent is rotated [3] for 30 min and centrifuged. The organic layer is transferred to a 5 ml conical vial. One half milliliter (0.5 ml) of TFAP is then added to the sample. After standing for 5 min at room temperature, 20 µ1 of triethylamine is added to the reaction to take up any unreacted TFAP reagent. The samples are shaken for 15 min and 0.5 ml of 6N HCl is added to the mixture. The samples were washed with 1.0 ml of distilled water and dried with anhydrous sodium sulfate to remove any excess water. The sample stands for 5 min and then 0.5 µ1 of the sample is injected onto the GC/MS (Fig. 4). MBTFA - Structural Determination Sympathomimetic amines are extracted using the same procedure as described for TFAP. The organic layer is transferred to an aluminum cup containing a fiber disc and allowed to evaporate to dryness. The disc is treated with 3 drops of acetonitrile. One half (0.5) µl of MBTFA and 3 µ1 of the acetonitrile is injected onto the column and produces the derivatized amphetamine. This “on–column” procedure leaves the disc intact for additional analysis. Powder and rock–like samples are dissolved in a small amount of acetonitrile and are derivatized in the same manner using one half (0.5) µ1 of MBTFA and 0.2 µ1 of sample (Fig. 5).

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CH3 HN

H3C

CH3 CH3 O F3C

N

mw 251

N

CH3

CH3

MBTFA ∆, on column

HN

CF3

H3C

CH3

N

O H

O

O F3C

CF3

F 3C

N

O

N

O mw 348

H

O

N-methyl-bis-trifluoroacetamide (MBTFA)

Cl

N-trifluoroacetyl-(S)-prolyl chloride (TFAP)

Figure 2.

Figure 3.

Instrumental Conditions Column .......................... l5 m x 0.25 mm ID x 0.25 m film thickness D5-MS fused silica capillary column (J&W Scientific) Injection Temperature: .. 250°C Temperature Program: ... 100°C /4 minutes; 15°C / min; 300°C Transfer Line Temp.: ..... 250°C Mass Scan Range: .......... 50-375 amu

CONCLUSIONS The MBTFA procedure described here has been used by our laboratory for the past 3 years. It has allowed us to differentiate between most of the amphetamine samples encountered using full spectral data. The TFAP has been in use for a few months. First, it has been used as a means of determining method of manufacture for methamphetamine. Second, the example of propylhexedrine opens the question of the possible use of this method to assist in verification of paraphernalia use involved in a case. The procedure using MBTFA is essentially the same as that described in Brettell [4]. The TFAP procedure [2] was adapted to reduce required reagents and to cut down analysis time.

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CH3

TFAP Room Temp

REFERENCES 1. 2. 3. 4.

Wimbish, G.H. and K.G. Johnson, J. Analytical Toxicology, Volume 14, pp. 292-295, 1990. Liu, J.H. and W.W. KU, Analytical Chemistry, Volume 53, pp. 2180-2184, 1981. Sood, P., Private communication, Dyana Tek Industries, Lenexa, KS., 1992. Brettell, T.A., J. Chromatography, Volume 257, pp. 45-52, 1983.

RECOMMENDED READING McKibben, T., J. Clandestine Laboratory Investigating Chemists, Volume 1, Number 2, pp. 13-20, 1992. Souter, R.W., J. of Chromatography, Volume 108, pp. 265-274, 1975. Souter, R.W., J. of Chromatography, Volume 114, pp. 307-312, 1975.

ACKNOWLEDGEMENT Technical Assistance: Tim Edwards, BS

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

VOLUME 2 NUMBER 4 — OCTOBER 1992

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

IN SEARCH OF REASON: EVALUATING CLANDESTINE LABS FOR COURT MAX COURTNEY, MS Forensic Consultant Services PO Box 11668 Fort Worth, Texas 76110

INTRODUCTION In the 1960s and 1970s, our culture witnessed the advent of the significant abuse of stimulant drugs, notably amphetamine and methamphetamine [1]. But the supply of pharmaceutical products as illicit and semi-licit street drugs during the early 1970s began to dry up as the federal government later began to tighten controls. For the market that had developed, illicit suppliers turned to clandestine manufacture to provide the stimulants. Through the late 1970s and 1980s a dramatic upswing in clandestine stimulant labs was noted [2]. To combat this phenomenon, federal and state laws were enacted. Some of these responses can be seen as part of an overall “war on drugs” or even “war on crime” mind–set that developed in America during these years. Some criminologists have urged, with varying success, the adoption of the so-called “justice model” in dealing with criminal conduct. This model features “determinate sentencing” in which all offenders in a particular crime category would receive the same prison sentence [3]. The Federal Sentencing Guidelines [4] seek to invoke the concept of determinate sentencing in drug cases by structuring penalty levels based on the quantities and types of drugs involved in the offenses. A paragraph from the Guidelines’ Policy Statement reads, in part, “Third, Congress sought proportionality in sentencing through a system that imposes appropriately different sentences for criminal conduct of differing severity.” Laws enacted by several state legislatures during the 1980’s and 1990’s have sought to accomplish this same mission. The clandestine laboratory case poses a special set of problems in the interpretation of some of these laws. In arriving at a level of offense, many of these statutes use “scientific” terms such as “adulterant,” “dilutant,” “diluent,” and “mixture.” In addition, concepts such as “lab capability” and “most / least abundant precursor” may be used in testimony to help determine a level of offense or a sentence for the violator. The forensic chemist is often asked to educate the court or jury to help them apply the governing law in the face of these scientific terms or concepts. But there seems to be no consensus from agency to agency, jurisdiction to jurisdiction, or chemist to chemist as to what each of the terms or concepts means. Additionally, important decisions are made at several steps by the forensic chemist during the clandestine lab investigation.

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At the scene, samples must be taken (or left). Does, or should, the sample accurately depict the exhibit? In the lab, which exhibits will be analyzed or left unanalyzed, and to what depth will they be analyzed? Will quantitative analyses be performed? This paper does not attempt to solve the problems; rather, it is offered simply as a review of some of the problems. Because of importance our opinions carry, it is important for us to deal at least philosophically with problem areas and resolve for ourselves exactly what our opinions are, or if we even have opinions in specific areas. The marriage of science and the law is sometimes an uncomfortable one. Scientists seeking “truth” and lawyers seeking “justice” might seem sometimes to be at odds. But the very foundation of law is rooted in a concept of “reasonableness” that has been defined in law as being “just” and “honest” [5].

ADULTERANTS, ETC. It seems attorneys and judges expect chemists to have a uniform scientific glossary that provides concrete, universal definitions for some of the key terms that have been written into the statutes. Many of the terms are not always statutorily defined. Yet a search of a dozen chemistry textbooks gave no definitions for “adulterant,” “diluent,” or “dilutant.” With “mixture,” some help was available: Mixture: two or more substances, each of which retains its identity and specific properties. The composition of a mixture can be varied continuously ... Because each component of a mixture possesses and retains its own set of characteristic properties, the various components can be separated by physical methods [6]. A solution is a homogeneous mixture of the molecules, atoms or ions of two or more different substances. Because a solution is a mixture, its composition is variable. Solutions differ from other types of mixtures in that only one phase is present; that is, no part is separated from another by a detectable boundary. The mixture is homogeneous. In heterogeneous mixtures, definite surfaces can be detected, showing there are separate parts of the mixture [7].

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION To add the dimension of common-usage meaning, the following dictionary definitions were found [8]: Adulterant: substance used to adulterate something, especially something that destroys purity or quality without greatly altering appearance. (adulterate: to add an inferior, impure, or improper substance to; lower the purity of or quality of (food, drugs, or other substances) without greatly altering the appearance to increase in bulk or quantity.) Diluent: a diluting or dissolving agent, especially one that dilutes the blood. Dilutant: not found Mixture: 4. Chemistry, Physics. the product of two or more substances mixed together, but not chemically combined. (miscible: that can be mixed; Water is not miscible with oil.) When the legislation was enacted, the goal seemed to be a simple matter if a person has a bag of drugs to sell, what difference should it make if the sample were pure or adulterated? The basic intent was aimed at dealing more harshly with the pound dealer than the ounce dealer than the gram dealer, regardless how “good” the drugs were. But when the laws are applied to clandestine laboratory exhibits, complications arise. As court verdicts and sentences have reached the appellate level, much case law has developed. For example, the Texas Court of Criminal Appeals held that “adulterants and dilutants” meant substances that would be used to increase the bulk or quantity of the final product [9], and recently added the proviso that the addition must be identified and proven not to affect the chemical activity of the drug [10]. Important federal decisions have been discussed previously [11, 12]. The importance of the chemist’s role is seen in the fact that these decisions have turned on the testimony of scientists as to the precise meanings these terms should have. In essence, one could consider that the courts seem to be delegating to the testifying chemist the de facto responsibility for deciding ultimate offenses or sentences. Perhaps even worse, this information sometimes is presented to the court in the presentence investigation report, wherein interpretations have been made by a probation official who may have no scientific training [13–15]. Consider a hypothetical situation: a one gallon jug containing a liquid that might be considered a “wash” from a clandestine lab. Assume that a thin film of an organic phase containing a trace of phenylacetone floats on an aqueous phase of lye water. If asked, the chemist must consider if the water could be an adulterant, dilutant, diluent, or part of a mixture, depending upon the wording of the applicable law. Obviously, none of the above common–usage definitions would support inclusion of the water’s mass as part of the drug quantity, but other definitions would support it. For example, the textbook definition of “mixture” could fit since the two phases are separable, if one assumes that immiscible liquids can “mix.” Many attorneys might find truth in a comment once made by a judge who was trying to sort out a semantic problem; “As lawyers, words are our stock in trade.” But this offers little

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insight for the practitioners of an objective science. That objectivity is elusive can be shown by seemingly prevailing legal decisions that would render the hypothetical exhibit as only a trace of phenylacetone under Texas law (where “mixture” is not in the law), but a gallon of phenyl-2-propanone under U. S. law. In the situation of clandestine lab cases, the question of the intent of the statutes arises. If the goal is to provide stiffer sentences for larger operators, then that is just the effect it should have on the application of the statute to a particular exhibit or group of exhibits. Consider again the jug with a film of phenylacetone. This may have originated from the extraction of a relatively small phenylacetone synthesis, such as a commonly encountered cook in a 5 liter flask. Then compare that with a one gallon jug of essentially pure phenylacetone, which would indicate a cook on the order of magnitude of 50 liters [16]. Considering the wash as one gallon of a mixture containing a detectable quantity of phenylacetone now places the exhibit from the 5 liter cook in the same category as the exhibit from the 50 liter cook. Does equating a 5 liter cook with a 50 liter cook promote “proportionality in sentencing?” Does this place us into a situation wherein bad science can make good law?

SAMPLING PROBLEMS Because of space limitations and the potentially dangerous nature of the chemicals found in clandestine drug laboratories, many chemists have ceased collecting large exhibits and now sample them in the field. Often the material remaining after sampling is removed for destruction. If a genuine question does exist regarding how much of a controlled substance, itself, is present in an exhibit, (as opposed to treating the drug–containing exhibit as a “mixture”) then one is faced with the problem of obtaining a sample that will be representative of the exhibit. A useful example is a cooled reaction mixture resulting from the synthesis of phenylacetone from phenylacetic acid. Upon cooling, a significant amount of material will solidify in the flask, the amount depending upon proportions of chemicals used and the final temperature. While there are means for one to determine the weight or the volume of material [17, 18], there seems to be no accurate way of obtaining a representative sample without reheating the flask contents until the mixture is homogeneous. Simply pouring off and collecting liquid will result in a sample that is inaccurately enriched in the phenylacetone. Another problem is posed when the chemist finds an on-going chemical reaction. At what point will the reaction be shut down? Generally it is desirable to assess the site for immediate, pressing dangers and the apparatus for booby traps, and to document the surroundings photographically and / or with videotape. Perhaps the question is now begged: how much farther did the reaction proceed after the exhibit was in police custody and no longer controlled by the violator? This certainly could allow the synthesis of, say, phenylacetone from phenylacetic acid in a

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 12 liter flask to proceed beyond 400 grams of product during the police scene processing time, which theoretically may not accurately reflect the intent of the violator. (Perhaps other information will be available, such as knowledge of past offenses or recipes and other documents found at the scene.)

DEPTH OF ANALYSIS Because the offense or sentence category is tied to the amount of controlled substance seized, however it is defined, the chemist must decide how many exhibits will be analyzed. Further, what level of analysis is required? If indistinguishable exhibits are found, is it satisfactory to do a full, conclusive analysis on one exhibit and only presumptive screening tests on the balance? In a typical clandestine laboratory setting, one often finds numerous, miscellaneous containers with drug–containing residues and remnants from different steps in the reaction scheme. It is unrealistic to assume that because one jar has a methamphetamine film floating over an aqueous layer, all of the jars with organic films contain methamphetamine. Depending upon the jurisdiction, the chemist may have some guidance in many cases because of the boundaries that separate the different legal categories. For example, Texas law recognizes categories of less than 28 grams, 28–400 grams (or in some instances 28–200 and 200–400), and 400 grams or more. If one can realistically project the presence of, say, 150 grams of controlled substance, any quantity of over 28 grams would be, at best, “icing on the cake.” It might be something for the jury to mull over while deciding upon the sentence, but the offense category would not change, regardless of how many of the exhibits were analyzed. The presence of over 28 grams of the material has been established, in fact, by analysis.

LAB CAPABILITIES, ETC. Recent changes in the Federal Sentencing Guidelines seem to clarify federal law in determining sentences based upon intent of the violator in the face of precursors and other chemicals found in the clandestine lab [19]. Rather than relying upon expert testimony by chemists, the court is directed in sentencing by the Guidelines through an equivalency chart. The issue still must be sorted out in the courts of many states. New solutions sometimes bring new problems. If the Guidelines provide specified sentences based upon the amounts of chemicals seized, it perhaps becomes incumbent upon the chemist that all materials be measured accurately and subsequently identified. If a visual assessment of the quantity of phenylacetic acid on hand is done with an accuracy of plus or minus five pounds, what effect will this have on the number of years the convicted defendant must serve? Further, how many like exhibits must be sampled to assure that all exhibits contain the particular chemical? Would this answer differ for labeled or unlabeled containers, or for opened or sealed containers? Since the sentence or the offense category is dependent upon the results, decisions must be made. Certainly,

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one can render objective testimony as to probabilities within a context of a confidence limit, but that presupposes this has been assessed by the chemist who must establish what the limit is by some articulable methodology. Some approaches to this problem have been proposed [20]. In situations where there are no dictated guidelines, one still must determine, if asked, how much of a controlled substance can be produced from the chemicals on hand. Should this be based upon theoretical yields or proven, practical yields? Should it be based upon the presence of the limiting reagent, the least abundant reagent, or the most abundant? Have the reagents been assayed, if relevant, to determine the concentrations of the reactants? Is evidence available to document the exact recipes and procedures that would be followed? Has the skill level of the operator been established?

CONCLUSION Statutory changes in the 1980s and 1990s seemingly have placed a burden on the forensic chemist to provide information that will be used directly or indirectly to determine what category of offense has occurred and what the sentence of the convicted defendant will be. There are, in many cases, a lack of clear–cut and objective statutory definitions for terms used to quantify the amount of controlled substances, as defined by law, to be considered for sentencing. The developing case law seems to clarify, then to confuse these issues further. There are many considerations for the forensic chemist investigating and testifying about a clandestine lab. As practitioners in a science–law system, we are called upon to bring reason to the process, to seek to be both just and honest. When one considers the complex nature of the exhibits typically encountered in a clandestine lab setting, certainly nothing is quite so simple as what the various legislative bodies undoubtedly had in mind when the statutes were drafted. Perhaps the discussion about definitions ends best with another definition that seems to describe the evolving case law, “mix: 3. informal. a mixed or muddled condition, mess” [21].

REFERENCES 1. 2. 3. 4. 5. 6.

Julien, Robert M., “A Primer of Drug Action,” 3rd. Ed., San Francisco: W.H. Freeman and Co., 1981. Frank, R.S., “The Clandestine Drug Laboratory Situation in the United States,” J. Forensic Science, Volume 28, Number 18, (1983). Siegel, Larry J., “Criminology,” 2nd Ed., St. Paul: West Publishing Co., 1986. Federal Sentencing Guidelines Manual, 1991 Ed., St. Paul: West Publishing Co., 1991. McDonald v. Texas, 136 S.W. 2d 816 (Tex. Cr. App. 1940). Nebergall, William H., Schmidt, Frederic C., and Holtzclaw, H.F., Jr., “General Chemistry,” 5th Ed., Lexington: D.C. Heath and Company, 1976.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 7. 8. 9. 10. 11. 12. 13. 14. 15.

Keenan, Charles W., and Wood, Jesse H., “General College Chemistry,” 4th Ed., New York: Harper and Row, 1971. “The World Book Dictionary,” Baruhart, C.L., and Barnhard, R.K., Ed., Chicago: World Book, Inc., 1983. McGlothin v. Texas, 749 S.W. 2d 856, 860 (Tex. Cr. App., 1988). Cawthon v. Texas, TC-92-15-010. Ely, Roger, Ed., “New Federal Sentencing Guidelines in Effect,” J. Clandestine Laboratory Investigating Chemists, Volume 2, Number l, p. 5, 1992. Ely, Roger, Ed., “Recent U.S. Federal Court Decisions,” J. Clandestine Laboratory Investigating Chemists, Volume 2, Number 3, 1992. U.S. v. Phillips, CR3-89-066D, Northern District of Texas, 1989. U.S. v. Rich, 89-00087-001, Eastern District of Louisiana, 1990 U.S. v. McCullough, CR-4-91-28-K, Northern District of Texas, 1992.

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16. Ekis, Thomas R., Dupre, Jill R., and Courtney, Max, “Phenylacetone Synthesis and Clandestine Laboratories,” Southwest Association of Forensic Scientists Journal, Volume 12, Number l, p. 19, 1990. 17. Courtney, Max, “Procedure for Volume Estimation in Clandestine Laboratory Reaction Vessels,” Southwest Association of Forensic Scientists Journal, Volume 12, Number l, p. 24, 1990. 18. Ely, Roger, “A Spreadsheet Program for the Determination of Volumes of One and Two Phase Liquids in Round Bottom Reaction Flasks,” J. Clandestine Laboratory Investigating Chemists, Volume 1, Number 3, p. 12, 1991. 19. Ibid., Ely, J. Clandestine Laboratory Investigating Chemists, Volume 2, Number 1. 20. Clark, Alan B. and Clark, Charles C., “Sampling of MultiUnit Drug Exhibits,” J. Forensic Science, Volume 35, p. 713, 1990. 21. Ibid., “The World Book Dictionary.”

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 3 NUMBER 2 — APRIL 1993

IN THIS ISSUE ... OSHA Publishes Confined Space Rule ......................................................... 2 Chemical Firm Sues Over DEA Pressure: It Says Agents Harass Customers ........................................................... 2 Solvent Used In Analysis May React With Amines ................................................................................. 3 CLIC Training Committee Looking For Slides .................................................................................. 3 DEA Places α–Ethyltryptamine Into Emergency Schedule I ....................... 4 Laboratory Seizures ....................................................................................... 5 Iodine Crystals: The Clandestine Lab Investigator’s Friend And Enemy ................................................................................ 13 Charles Illsley, BS

Association Officers President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041 Vice-President: Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Ken Fujii Contra Costa Sheriff's Crime Lab 1122 Escobar Street Martinez, CA 94553 (415) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Executive Board Members: Terry A. DalCason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640

The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions from the membership concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references where necessary. Research papers or material over one page in length is requested to he submitted on IBM computer disk (contact the Editor for more information). One of the primary goals of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed ins speedy manner. For more information concerning the Journal, contact the Editor.

Tim McKibben Aurora Police Department Crime Lab 15001 E. Alameda Aurora, CO 80012 (303) 341-8344 Max Courtney Forensic Consultant Services PO Box 11668 Fort Worth, TX 76110 (817) 870-1710

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

OSHA PUBLISHES CONFINED SPACE RULE R. BLAKE SMITH Occupational Health and Safety Volume 62, Number 2, 1993, p. 8 In a last hurrah for the Occupational Safety and Health Administration under President George Bush, the agency has published the long–awaited standard for permit–required confined spaces. The rule, which includes provisions for training, atmospheric testing and rescue operations, was published on January 14 and will require most employers to develop written, entry–permit programs. The standard covers 12.2 million workers in 240,000 workplaces, and OSHA estimates that the rule will prevent 85 percent of all confined–space fatalities. The rule will cost employers about $202.4 million annually, OSHA estimates. OSHA created the rule to protect workers from toxic, explosive or asphyxiating atmospheres that can exist in confined spaces. OSHA began working on the standard more than 17 years ago. “I am delighted that we have succeeded in completing the confined spaces standard,” said Dorothy L. Strunk, acting administrator of OSHA. “This new standard will save lives, and it has been my top priority to see it issued.” Under the regulation, workers will be required to obtain permits from authorized supervisors before entering certain types of confined spaces. OSHA defines a “permit–required confined space” as one that presents, or has the potential to present, one or more of the following: 4 An atmospheric hazard,

4 4 4

An engulfment hazard, A configuration hazard; Any other recognized serious hazard.

The written permit program must establish procedures and practices for safe entry, including testing and monitoring conditions. The system requires that an “entry supervisor” sign written permits for entry and cancel the permits when the work is completed. It also includes provisions for attendants. Confined space rescue services are also part of the rule. Rescue services may be on–site or off–site. On–site rescue teams must be equipped properly and must undergo specialized rescue training In a study of confined–space fatalities, OSHA found that the majority of multiple fatalities victims died while trying to rescue the original entrant of the confined space. The standard also mandates initial and refresher training to provide workers the “understanding, skills and knowledge” necessary to perform confined–space work safely. Demand for training will grow as a result of the rule, said Rob Beightol, marketing director for Miller Equipment, Franklin, Pa. “A lot of people seem to wait unit its law before they act,” he said. “I think this will bring an increase in demand for confined–space training.”

CHEMICAL FIRM SUES OVER DEA PRESSURE: IT SAYS AGENTS HARASS CUSTOMERS DON MARTINEZ San Francisco Examiner March 26, 1993 An Oakland chemical company and some of its customers have sued the federal Drug Enforcement Administration and several agents for allegedly stopping and harassing legitimate customers as they leave the company parking lot. In an apparent search for illegal drug makers, as many as six agents at a time “with flashing red lights and sirens” have descended on customers leaving the Chemicals for Research and Industry plant on Poplar Street, said San Francisco attorney Tom Steel. He filed the suit Wednesday. He said the practice has cut company business almost in half in recent months.

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“The DEA has had a surveillance van and two unmarked cars parked near the plant for about the last six months,” Steel said. “They have pulled over hundreds of customers asking questions about what they plan to do with the chemicals and running warrant and vehicle registration checks.” In declarations attached to the 14–page action, customers cited confrontations with federal agents that left them “shaken, intimidated and humiliated.” Mark Bertinetti, a plaintiff who said he is a chemist involved in AIDS research at an Oakland laboratory, reported an incident

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION last Jan. 29 when he left the plant with $18 worth of sulfuric acid for his research work. “Upon leaving (the plant) my friend and I drove approximately 3 blocks ...” he said. “Suddenly our car was surrounded by three vehicles, one marked ‘CHP’, one unmarked blue Trans Am–type of sedan and one unmarked white sedan ... I heard a siren and immediately pulled over.” Bertinetti said officers demanded identification, information about his work, checked for needle marks on his arm and confiscated the small vat of acid. “I felt I had been treated like a criminal, a drug addict and a liar,” he said. DEA authorities and officials at the US attorney’s office in San Francisco weren’t available for comment. The suit seeks an end to the traffic stops, damages and a jury trial. It says agents are violating the customer’s civil rights “without a warrant, probably cause or any particularized suspicion of any violation of law.” Steel said the plant is “completely legitimate” and sells a wide variety of legal chemicals and equipment to many businesses and individuals throughout the state. He said the DEA asserts that some of the chemicals, especially

acetone, can be used for making illegal drugs such as methamphetamine, also known as speed. Steel conceded this maybe the case but quickly added “one can buy acetone in any hardware store in town.” Adam Glickmnan, company president, issued a terse statement against the DEA action: “Based on the claim that a few of our thousands of customers might use a perfectly legal chemical to make an illegal drug, the DEA has stopped and harassed hundreds of innocent people.” In applauding the legal efforts of federal agents to enforce anti–drug laws, Glickman added: “This is the war on drugs run amok and trampling the rights of innocent people.” Two years ago the company and the DEA tangled when agents sought to stop suppliers from selling acetone and other chemicals to the plant. But plant officials prevailed in a federal suit. US District Judge Eugene F. Lynch issued a preliminary injunction keeping agents from stopping the commercial sale of chemicals. Steel contended that the current “harassment” is probably the result of the DEA losing the legal round in 1991. He said, “There is absolutely no reason for this type of action against the company and I think it is totally retaliatory.”

SOLVENT USED IN ANALYSIS MAY REACT WITH AMINES

CLIC TRAINING COMMITTEE LOOKING FOR SLIDES

Do you routinely use methanol or ethanol as a solvent for amine compounds to be identified by GC/MS? If so, you might want to pick up the following reference: “GC-MS Identification of Amine-Solvent Condensation Products Formed During Analysis of Drugs of Abuse,” C.R. Clark, J. DeRuiter, and F.T. Noggle, Journal of Chromatographic Science, Volume 30, October 1992, pp. 399-404. Abstract: The use of methanol or ethanol as the injection solvent for the gas chromatographic-mass spectral (GC/MS) analysis of low molecular weight amine drugs of abuse results in the formation of additional components in the sample. Primary amines, such as amphetamine, 3,4-methylenedioxyamphetamine and phenethylamine, yield imines upon injection as methanol or ethanol solutions. In methanol, the imine formed has a mass that is l2 mass units higher than the parent compound. In ethanol, the products formed have 26 additional mass units. Secondary amines appear to undergo methylation under similar conditions with methanol as the injection solvent. These products are absent from the analysis of equivalent amine samples dissolved in chloroform.

The CLIC Training Committee is in the process of developing lesson plans for various training blocks. We are in need of clandestine lab related photographs to create slide shows to accompany the training blocks. This is a continuing request for photographs, so send all unique or interesting clandestine lab photos to the committee so we can continually keep our programs updated. Examples of needed photos include: ✔ reaction apparatus (crime scene or laboratory) reflux distillation filtration separation ✔ lab scene, overalls ✔ bulk chemicals ✔ individual chemicals ✔ hazardous situations ✔ scene processing ✔ any photo you think may be useful

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All of the photos will be kept in a CLIC archive and will be used to create future training sessions. Please send all photographs to: Dons Christian CLIC Training Committee AZ DPS Crime Lab PO Box 6638 Phoenix, AZ 85005

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

DEA PLACES α–ETHYLTRYPTAMINE INTO EMERGENCY SCHEDULE I The final rule placing α–ethyltryptamine (AET) on temporary emergency Schedule I of the Federal Controlled Substances Act (CSA) was published in the Federal Register on Friday, March 12, 1993 (FR 13533). From the Federal Register: “In making a finding that placing a substance temporarily in Schedule I of the CSA is necessary to avoid an imminent hazard to the public safety the Administrator is required to consider three of the eight factors set forth in section 201(c) of the CSA (21 US 811(c)). These factors are as follows: (4) history and current pattern of abuse; (5) the scope, duration and significance of abuse; and (6) what, if any, risk there is to the public health. “Alpha–ethyltryptamine has been classified as a central nervous system (CNS) stimulant as well as a tryptamine hallucinogen. Chemically it is α–ethyl-1H-indole-3-ethanamine or 3-(2-aminobutyl) indole. It is structurally similar to N,N-dimethyltryptamine (DMT) and N,N–diethyltryptamine (DET) both of which are hallucinogens controlled under Schedule I of the CSA. Available data indicate that α–ethyltryptamine produces some pharmacological effects qualitatively similar to those of other Schedule I hallucinogens. “DEA first encountered α–ethyltryptamine in 1986 at a clandestine laboratory in Nevada. Several exhibits of α-ethyltryptamine have been analyzed by DEA and state forensic laboratories since 1989. Individuals in Colorado and Arizona have purchased several kilograms of this substance as the acetate salt from chemical supply companies and have distributed and sold quantities to individuals for the purpose of human consumption. Touted as an MDMA (3,4–methylenedioxymethamphetamine)–like substance, it has been trafficked as “TRIP” or “ET.” Distribution and use have been primarily among high school and college–age individuals. In Arizona, the death of a 19–year–old female was attributed to acute α–ethyltryptamine toxicity. Illicit use has been documented in both Germany and Spain where two deaths have resulted from α–ethyltryptamine overdose. “Alpha–ethyltryptamine acetate was marketed by the Upjohn Company in 1961 as an antidepressant under the trade name of Monase. After less than one year of marketing, Upjohn withdrew its New Drug Application when it became apparent that Monase administration was associated with the development of agranulocytosis. Recent scientific data also suggests that this substance may produce neurotoxicity similar to the neurotoxic effects produced by MDMA and PCA (parachloroamphetamine).

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“In light of its CNS stimulatory and hallucinogenic properties similar to those of DMT, DET, and MDMA, its association with agranulocytosis and its possible neurotoxicity, the continued uncontrolled availability of α-ethyltryptamine poses an imminent hazard to public safety.” (Interestingly, testimony from a research pharmacologist at the University of Colorado School of Pharmacy refutes DEA’s assertion of CNS stimulatory and hallucinogenic properties of AET. In the federal case, US vs. Damon S. Forbes, et. al. (US District Court, Denver; 92–CR–105), Forbes was charged with the sales of AET under the federal Controlled Substance Analogue Act. James Ruth, Ph.D. concluded “...AET is not substantially similar to DMT or DET, and that AET may not be derived by minor manipulations or tinkering with the DMT or DET molecule. Further, AET does not have a hallucinogenic or stimulant effect on the central nervous system that is substantially similar to DMT or DET. Ruth testified the mechanism through which AET effects the central nervous system is different than the mechanism of hallucinogenics and stimulants. This testimony was based on Dr. Ruth’s examination of the literature, an examination of Upjohn’s own records of patient reactions to treatment as part of the New Drug Application, and animal tests he personally performed. Further, in over 2000 administrations to patients for depression not one single report of intoxication, stimulation, or hallucination was reported by medical practitioners to Upjohn. In this case, federal judge Lewis T. Babcock found the Controlled Substance Analogue Act to be unconstitutionally vague when applied to the narrow set of circumstances of AET, and the case was dismissed against Forbes and 8 other defendants. Another interesting point is the statement in the Federal Register that “...It [AET] is structurally similar to N,N–dimethyltryptamine (DMT) and N,N–diethyltryptamine (DET) both of which are hallucinogens controlled under Schedule I of the CSA).” However, in his decision, Judge Babcock states: “It is undisputed that there is no scientific consensus whether AET has a chemical structure that is substantially similar to DMT or DET. The government’s own chemists cannot agree on this point, and the US Attorney’s office once before declined to prosecute defendant Forbes for the very conduct that is charged here. The scientific community cannot even agree on a methodology to use to

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VOLUME 3 NUMBER 2 — APRIL 1993

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LABORATORY SEIZURES MEXICAN NATIONAL METHAMPHETAMINE LABS CREEP INTO NORTHERN CALIFORNIA On Saturday March 13, 1993, agents from the Attorney General’s Bureau of Narcotic Enforcement (BNE)–Redding Regional Office assisted by the Sacramento Regional Office, Yuba–Sutter Narcotic Enforcement Team, Butte Interagency Narcotics Task Force, and the US Immigration and Naturalization Service culminated a seven month investigation with the service of eight search warrants in Sutter and Butte counties along with the arrests of four individuals pertaining to the conspiracy to manufacture and distribute methamphetamine. During February and March 1993, a Redding BNE agent working in an undercover (UC) capacity met and obtained over 1.5 pounds of methamphetamine from three Hispanic males aged 32, 34, and 32 years old from Live Oak, CA. The methamphetamine was traded to the agent for Freon and hydriodic acid. The suspects never indicated a desire for ephedrine, saying they had all they needed. On Saturday, March 13, the UC met with two more suspects again where the agent negotiated for the purchase of 10 pounds of methamphetamine for $70,000 cash. This meeting occurred at the parking lot of Casa Lupe Restaurant in Gridley, CA. At that time, the main suspect could only provide 3.5 pounds of methamphetamine. During this meeting, the suspect told the UC if he could remain in the Gridley area, he could provide the UC with an additional two kilos of cocaine for $18,000 per kilo. The two suspects were surveilled by agents to an orchard located near Gridley where they retrieved the 3.5 pounds of methamphetamine. After leaving this location, both suspects were arrested. Through a series of surveillances it was determined that the suspects frequented a location in Live Oak known as the B.E. Giovannetti and Sons, Prune Ranch No. 1, a storage location for farm equipment. The Giovannetti co-op in the Live Oak area encompasses thousands of acres of orchards and several farm houses and barns. During this investigation, the main suspect said a Hispanic male from the “Los Angeles” area was the coordinator of the clandestine laboratory operation. That “he” would come up to Live Oak approximately twice each month to oversee the processing of 42 pounds of methamphetamine each time. Following the arrests, agents served eight search warrants in the Live Oak–Gridley area. At Giovannetti’s Prune Ranch No. 1, a complete clandestine methamphetamine lab site was found in an old dairy barn. Found was an additional 4.5 pounds of methamphetamine. Chemicals used to manufacture the methamphetamine, along with glassware and apparatus, were discovered that could be used to manufacture an excess of 40 pounds per batch.

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It is apparent from information developed during this investigation that a foreman for Half Moon Fruit and Produce Company, owned by Giovannetti and Sons, was providing the Prune Ranch No. 1 property to further the conspiracy for manufacturing methamphetamine. It has been determined the foreman had been employed by Giovannetti since the spring of 1979. Interviews following the arrests determined the foreman was receiving $2000–4000 each time he allowed the manufacturing to take place on the property. This is consistent with the southern and central California Mexican National lab operations. Further follow–up investigation revealed that some of the profits of the illegal operation were being laundered into the purchase of property in the Butte County area. At this property, another suspect was identified as an organizer of the meth operation. The suspect was not at the property when the agent arrived, having headed south. Agents found two AK-47 rifles and a .45 semiautomatic pistol in the vacant home. It has been learned the suspect is the subject of a large scale methamphetamine lab investigation in the central part of the state. It is interesting to note the finished methamphetamine received from this operation was the same wet, yellow–colored powder found in the central California Mexican labs. You could even see some of the red phosphorus left over in the product. The illicit operators were offering their product for $7000 per pound, up $1000 from the price in central California This investigation illustrates the insurgence of a statewide Mexican National methamphetamine manufacturing trend into the north state. This activity has been anticipated by the Redding Regional office as a result of the proliferation of Hispanic manufacturing in southern and central California. In those investigations, as in this investigation, the Mexican Nationals working for large farm cooperatives are utilized to facilitate their activity by the organized groups from Mexico and southern California. During this investigation, it was determined that, in fact, those involved in the investigation had other Mexican associates from southern California who utilized the Giovannetti ranch for their illegal operations and also were going off on their own for profit. Dan Largent CA DOJ BNE – Redding, CA

LARGE PHENYL-2-PROPANONE LAB DISCOVERED IN SEATTLE A large scale clandestine laboratory, recently dismantled in the Seattle area, was found to be equipped for the synthesis of phenyl-2-propanone (P2P) from benzaldehyde and nitroethane. The suspects were associated with a drug ring located in the

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Portland, Oregon, area and were known to be heroin addicts. They were believed to be trading either P2P or methamphetamine for heroin. The initial raid focused on two mobile homes which were hit simultaneously. No evidence of a lab site was discovered at these sites, although handwritten recipes and working notes were discovered in one of the trailers. Later that day, two additional sites were raided, one being a storage locker containing a boxed lab with a large collection of chemical reagents and glassware. The other site, another mobile home in a small trailer park, was an operating lab. Most of the structure had been converted to laboratory use and appeared to have been heavily used. Among the reagents seized were two 5 gallon containers of nitroethane and about 1 pound of 1-phenyl-2nitropropene, the latter found in a small chest freezer. The storage locker held several gallons of methylamine and benzaldehyde. Several 22 liter triple neck reaction flasks, an assortment of reflux condensers and other glassware were also seized. One interesting note: included in the handwritten notes and recipes were the details for synthesizing P2P from allylbenzene as described in the Journal of Forensic Sciences article by Terry DalCason, et al. (Volume 29, 1984, pp. 1187–1208). These particular suspects had apparently been doing their homework! Erik Neilson WSP Crime Laboratory – Seattle, WA

NEW MINI–THINS HIT CALIFORNIA MARKET Recently, tablets containing ephedrine have become a major source of ephedrine for small scale clandestine drug laboratories. Because of this, various proposals were made to bring this problem under control. After making its way through the California Legislature, California controlled tablets containing only ephedrine on January 1, 1993. If there is another medicinally active ingredient in the tablets, they are not controlled and can still be sold over the counter. So now tablets containing ephedrine and guaifenesin are being sold. One problem with these tablets is they will give an immediate purple color with the Marquis reagent. The new “Mini Thins” are thicker than the older tablets due to the new compounding. The guaifenesin is soluble with water, especially hot water. How it will react with hydriodic acid will need to be investigated. Guaifenesin is insoluble in hexane, but soluble in chloroform. So if hexane is used for extractions, the guaifenesin can be missed. Mini Thins are produced by BDI Pharmaceuticals, Indianapolis, IN

AGENTS, SUSPECT INJURED IN HAYWARD, CA LAB On March 3, 1993, criminalists from the California Department of Justice–Freedom laboratory responded to a methamphetamine lab in Hayward. The suspect was utilizing the ephedrine – hydriodic acid method. During the initial raid, the suspect broke reaction vessels on the garage floor. He was unwilling to cooperate with the raiding officers and a struggle ensued. The agents and the suspect wrestled on the floor for a period of time. Both of the agents and the suspect were exposed to the hydriodic acid reaction solution, ruining their clothing. All three individuals were transported to the hospital for treatment. In addition to the manufacturing charges, the District Attorney’s office is charging Health and Safety Code 25189.6 which reads: 25189.6. Knowingly or with reckless disregard treating, handling, transporting, disposing, or storing in a manner causing unreasonable risk; (a) Any person who knowingly, or with reckless disregard for the risks, treats, handles, transports, disposes, or stores any hazardous waste in a manner which causes any unreasonable risk of life, explosion, serious injury, or death is guilty of a public offense and shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5000) or more than two hundred fifty thousand dollars ($250,000) for each day of the violation, or by imprisonment in the county jail for not more than one year, or be imprisonment in the state prison for 16, 24, or 36 months, or by both the fine and imprisonment. (b) Any person who knowingly at the time the person takes the actions specified in subdivision (a), places another person in imminent danger of death or serious bodily injury, is guilty of a public offense and shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5000) or more than two hundred fifty thousand dollars ($250,000) for each day of the violation and by imprisonment in the state prison for 3, 6, or 9 years. Hydriodic acid and phosphorus are both listed as hazardous substances under Title 22 of the California Health and Safety code. The presence of respirators and gloves at the suspect’s residence should contribute to the evidence that the suspect had knowledge of the dangers of the chemicals involved. Julie Doerr CA DOJ Crime Lab – Freedom, CA

Mark F. Kalchik CA DOJ Crime Lab – Fresno, CA

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VOLUME 3 NUMBER 2 — APRIL 1993

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION UTAH EXPERIENCES A WIDE VARIETY OF CLANDESTINE SYNTHESES Ephedrine Pill Distributors Targeted In DEA Sting Beginning in August, 1991, the Utah DEA Task Force initiated a 15–month undercover investigation targeting three individuals selling 25 mg ephedrine HCl tablets at their business called MOLLY’S DISTRIBUTING in Salt Lake City, Utah. A background investigation revealed that MOLLY’S was selling between 12–14 million ephedrine tablets annually. MOLLY’S had been documented as the source of ephedrine for two prior clandestine laboratories seized in Utah. Four undercover agents purchased 2.17 million ephedrine tablets after telling the suspects the tablets were being used to manufacture methamphetamine. All three defendants were indicted by a federal grand jury for providing a listed chemical knowing it would be used in the manufacture of a controlled substance. Eight search warrants were served at the conclusion of the investigation which resulted in the seizure of an additional 3 million ephedrine tablets, $121,000 cash in 4 safe deposit boxes, 10 lb. of silver and palladium ingots, 45 shares of bank stock certificates, and one collection of serial killer cards. Tablets purchased in the operation were linked to national suppliers including T&M DISTRIBUTING, Iowa; D&E PHARMACEUTICAL, New York; MA PRODUCTS, Florida; and NATIONWIDE PURVEYORS, Pennsylvania. A CBS News Production Crew flew to Salt Lake City twice to

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film the undercover transactions and arrests. The crew has also done several interviews nationwide on the availability and diversion of ephedrine tablets in clandestine drug laboratories. The story is expected to air on CBS’s 60 Minutes early this fall. Making Methamphetamine From “Chicken Scratch” Two unrelated laboratory operations were seized at opposite ends of the State of Utah. Both involved the attempted extraction of ephedrine from chicken feed. In September, 1992, an undercover officer infiltrated a group of 3 persons attempting to manufacture methamphetamine using the ephedrine–HI–red phosphorus method. The suspects attempted to extract ephedrine from 100 lb. of chicken feed mixed with 10 pounds of hydrochloric acid in a child’s swimming pool. In an earlier attempt, the suspects filled a 30 gallon plastic garbage can with chicken feed and hydrochloric acid. The contents sat in the can for 2 weeks. Afterwards, the waste was dumped in the bay of a local car wash. All three suspects were arrested after they showed up with glassware and chemicals, and attempted to set up the laboratory. A Pyrex dish which the suspects said contained 2 lb. of liquid ephedrine was seized. The DEA Western Laboratory confirmed no ephedrine was present. All three defendants were indicted in federal court for Conspiracy and Attempt to Manufacture a Controlled Substance. In February, 1993 the Garfield County Sheriffs Office served a search warrant for a stolen weapon at a residence and found remnants of a methamphetamine manufacturing operation. Of-

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION ficers found a recipe referring to chicken “scratch,” and a large tub with powdered residues caked to the inside. A small amount of finished methamphetamine was seized. Interviews confirmed the suspects were attempting to use chicken feed as a source of ephedrine. MDA Operation Seized On U.S. Military Base In January, 1993, U.S. Army CID and ATF agents served a search warrant at the residence of a research chemist working at the Dugway Proving Grounds in Dugway, Utah. The warrant was for evidence of an explosives manufacturing operation. Inside, agents found chemicals, glassware, and 22 ml of finished methylenedioxyamphetamine (MDA). Agents also seized hundreds of pages of handwritten notes, printed articles, and typewritten correspondence describing the syntheses of various analogs including MDA, MDMA, and others. Also seized were approximately 3 pounds of powdered methylamine. The suspect has a bachelor’s degree in chemistry. Federal charges for the drug manufacture are pending. Safety Matchbooks Used As Source Of Red Phosphorus In Methamphetamine Laboratory On February 13, 1993, agents and officers from DEA, Utah Division of Investigation, and the Metro Narcotics Strike Force raided suspected methamphetamine laboratory sites in Salt Lake City and seized 1 operational lab and 1 dismantled lab at 2 different residences. The suspects were using ephedrine pills, iodine crystals, and red phosphorus to produce methamphetamine. A total of nine suspects were identified, eight of which have been indicted in federal court. The operation was unique because of the source of red phosphorus. The suspects separated the covers off 9,000 safety matchbooks, and then cut the friction lines or “striker plates” from the covers. These friction lines were then soaked in an unknown solution to extract the red phosphorus. The manufacturer of the Camel brand match books was contacted and an executive confirmed that the friction lines consist of 40% red phosphorus. Those suspects willing to talk admitted to participating in the synthesis, but none of them knew how the red phosphorus was extracted from the match book covers. No recipes were recovered. Agents did find a single chemistry book, Chemistry Made Simple, by Fred C. Hess, revised by Arthur L. Thomas. On page 8 of that book, there is a diagram of a safety match book identifying which chemical compounds are present on the match heads and on the friction line (See Fig. 1). Two 15-gallon garbage liners full of torn match books were recovered at one residence. Empty ephedrine pill bottles were also seized at both residences. MOLLY’S DISTRIBUTING, Utah; and T&M DISTRIBUTING, Iowa; were identified as the

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sources for the ephedrine pills. The laboratory capacity was small. The largest glassware seized was 1000 ml. However, agents confirmed that the laboratory had been in production every other day between October 1992 and February 1993. Four days later, officers from the Utah Division of Investigation and the Sevier County Narcotics Task Force seized a third laboratory in Richfield, Utah. The suspect was using ephedrine pills, iodine crystals, and red phosphorus extracted from safety match book covers. This suspect learned the synthesis from the operators of the two labs seized in Salt Lake City on February 13th. Again, no recipes nor literature were seized and the exact synthesis is unknown. Sgt. Charles Illsley DEA Task Force – Salt Lake City, Utah

RESEARCH AND DEVELOPMENT LAB SEIZED IN COOS BAY, OR In October 1992, members of the South Coast Interagency Narcotics Team and the Drug Enforcement Administration’s Eugene resident office served a search warrant on an old florist’s shop along Highway 101. The suspect in the case, a 72 year–old man, had been arrested several days before in a clandestine methamphetamine laboratory in Richmond, CA. Arrested along with the old man were his two sons. Each was indicted in federal court on charges ranging from manufacturing, conspiracy to manufacture, and possession of a listed precursor with the intent to manufacture. Due to the complexity of the chemicals and apparatus found at the Coos Bay site, a DEA chemist from the San Francisco laboratory assisted in the seizure. In addition to items discovered in the building, two 22-foot U-Haul trucks full of chemicals and glassware were found. In all, eight different routes to the manufacture of methamphetamine were identified. These included: 1. Phenyl-2-propanone via: a. phenylacetic acid and acetic acid using a tube furnace and thoria catalyst. b. phenylacetic acid, acetic anhydride, and sodium acetate c. benzyl cyanide, sodium metal, and ethyl acetate via the α-phenylacetoacetonitrile route. 2. Methamphetamine via: a. ephedrine, HI, and red phosphorus b. ephedrine, thionyl chloride, palladium catalyst, and hydrogen gas c. ephedrine, phosphorus trichloride, palladium catalyst, and hydrogen gas d. phenyl-2-propanone, methylamine reduced in an aluminum-amalgam media e. benzyl chloride, magnesium metal, acetaldehyde, and methylamine via the Chewbaca Darth method (the

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION directions for this method are wrong and will not produce any methamphetamine). A large quantity of benzyl chloride was present, along with sodium cyanide suggesting the production of benzyl cyanide for the α-phenylacetoacetonitrile route or phenylacetic acid for the other P2P route. There was also literature and chemical receipts to suggest the synthesis of l–ephedrine from the fermentation of benzaldehyde and acetaldehyde. The suspect had represented himself to several witnesses as being “Uncle Fester,” the author of two Loomponics publications titled “Secrets of Methamphetamine Manufacture” and “Silent Death.” Subsequent investigation identified the true “Uncle Fester;” however, he is not the suspect in this case. The suspect had also referred to the Coos Bay property as his “research and development lab.” There was some indication he occasionally received help with syntheses problems from a chemist at the Lawrence–Livermore National Weapons Lab in Livermore, CA, and from a chemistry professor at the University of California, Berkeley, campus. The suspect had done a considerable amount of literature research regarding the synthesis and conversion of α-phenylacetoacetonitrile to P2P. It appeared the suspect looked through Chemical Abstract formula index from about 1946 to 1982 for literature about the method. Also present in his literature was a copy of Emde’s original paper on the reduction of ephedrine via thionyl chloride to methamphetamine, the synthesis of phencyclidine, and copies of the amphetamine and methamphetamine sections from the DEA Clandestine Laboratory Guide. It is believed the suspect wanted to make about 2500 pounds of the α-phenylacetoacetonitrile, store it, and then sell it and the method of converting it to P2P to other lab operators. To this end, the suspect had purchased a 55-gallon drum containing about 300 pounds of sodium metal bricks. Sodium metal typically comes packed in xylene, kerosene, or some type of oil to reduce the chance of reaction with water. The 300 pounds of sodium metal bricks were packed dry with no liquid of any kind cover them. The suspect also had: 1. a 50 kg container of methylamine HCl. 2. a cylinder of hydrogen gas obtained through intermediaries who, when asked, told the gas companies they were using the hydrogen gas to make glass figurines (hydrogen gas will not leave any soot or discolor the glass figurines). 3. numerous 55 gallon stainless steel containers obtained from IBM in San Jose at a surplus auction which could have been used for hydrogenation or α-phenylacetoacetonitrile production. 4. a 22-liter and a 5-liter titanium high pressure round bottom reaction flask with mantel and upper heating bonnet. 5. a home–made rocker–type hydrogenator. 6. several flasks and chemical bottles that had been previously dusted for fingerprints.

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The old man was recently found guilty on all 9 counts; the youngest son was found guilty on 5 of 9 counts, and the other son was acquitted in federal court on charges stemming from the October search warrant. Both father and son face life sentences in federal prison for their acts.

PSEUDOEPHEDRINE EXTRACTION LAB DISCOVERED In January 1993, the South Coast Interagency Narcotics Team served a search warrant on a motel room where a couple were reported to recently have set up a methamphetamine lab. The laboratory turned out to be extracting pseudoephedrine from tablets by dissolving them in water. Once the tablets were put in the water, the water was filtered and evaporated using a hot plate leaving the powder on glass plates. The room also contained the usual assortment of stolen property, traded for methamphetamine, weapons, and assorted solvents. Rumor has it this kind of processing is increasing to supply precursors to the local outlaw motorcycle gang. Kathy Wilcox OSP Forensic Lab – Coos Bay, OR

MOPE DOPE Since July 1992, the Central Valley of California has been inundated with a certain type of clandestine methamphetamine drug laboratory. Laboratories of this type initially were associated with Hispanic gangs from Southern California. More recently, narcotics agents describe suspects apprehended at these labs simply as Mexican Nationals. If the individuals caught are mere underlings hired to transport materials or combine ingredients without knowledge or much benefit of the profits to be made, they are called “mopes”. Physical Characteristics Of Active Cook Sites The physical evidence encountered at these scenes defines a very stylized illicit chemistry procedure peculiar to a particular group of players. First, the site of the actual chemical reflux operation is always located in a secluded agricultural setting, usually an orchard, that hides the operation from the view of the roadway. Next, the hydriodic acid / red phosphorous reduction of ephedrine to methamphetamine is almost exclusively performed in 22 liter round bottom flasks mounted in Glascol heating mantels. Multiple units are set up together – two, three, four and six at a time. Sometimes the flasks are single necked, at other scenes triple necked flasks are observed. Usually, no condensers are attached to the reflux apparatus. Consequently, acidic iodine vapors coat any available surface in the vicinity of reaction vessels. Papers turn a dark violet color.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION half full 22-liter container. Assuming a 40% weight conversion of ephedrine to methamphetamine by this process, a ratio of one seven gallon can of Freon per approximately 13 pounds of ephedrine hydrochloride becomes apparent. This scene occurred in late summer when ambient temperatures exceeded 100°F. Freon can easily be recycled, and this ratio can vary accordingly. It has also been observed that the seven gallon gray metal cans actually contain approximately six gallons of Freon. Very few, if any, excess precursors are observed at these scenes. Its as if the chemicals are stored at a specific location until their transport to the cook site is coordinated with the delivery of equipment and accessory chemicals. No recipes have been submitted to the laboratory for evaluation from any of these scenes. Numbers Of Active Lab Sites Encountered And Geographical Changes Approximately eighteen active labs of this type have been observed in Central California in the last nine months. During the first three months of this year, six active sites using this stylized conversion of ephedrine to methamphetamine required responses from Central Valley CA DOJ Laboratory personnel. Other incidents were noted where chemicals or equipment were intercepted during transport or storage. No labs of this type have been encountered north of Modesto, California up until the last week of March. During that week, a lab using four 22-liter reaction flasks was discovered for the first time near Redding, CA. Redding is about 250 miles north of Modesto. Prior to July 1992, labs of this type were not encountered in the Central Valley of California. One large one was encountered on the coast near Big Sur in June 1992. Several others were found in the vicinity of Santa Barbara. San Bernardino encountered at least one in the Spring 1992 in its eastern desert. The Mother Of All Mope Dope Labs Sometimes the iodine visualizes fingerprints on papers and other conducive surfaces like smooth metal containers. Air purifying respirators used by the clandestine cooks are found at almost every scene. Goggles are also observed, but not as often. Probably the most distinctive symbol of this type of lab is a Nalgene type plastic container, most often 50 gallons in size, fitted with a faucet or stopcock of some type. This is used as a separatory funnel to separate Freon from the basic reaction solution. Fifty pound sacks of sodium hydroxide are frequently observed. Very often the brand name of the product is Oxychem Soda Beads. Fifty pounds of sodium hydroxide will neutralize about 33 gallons of 57% hydriodic acid. Hydrochloric acid gas cylinders of various sizes are usually present. Many of these are stamped CFRI to indicate the Oakland chemical supply house, Chemicals for Research and Industry. Freon is usually found in seven gallon gray cylindrical cans. The type of Freon observed is usually Freon 113 (1,1,2-trichlortrifluoroethane, also called Freon TF). The gray cans of this type sometimes are labeled “Contact Cleaner”. Other types of Freon such as Freon 11 and other brands of Freon such as Racon and Forane have also been observed. At one site, the cooks were apprehended just before they were about to extract a single batch consisting of four 22-liter round bottom flasks each about half full of reaction mixture. Six of the gray Freon type cans were present. Quantitative estimates indicated about eight pounds of methamphetamine hydrochloride could have been extracted from each

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In March, a much larger level of this operation was revealed by an Los Angeles Police Department investigation that led to a huge fruit packing facility in the Central Valley. The entire structure was modified to accommodate the manufacture of methamphetamine by this process. A special room was constructed that allowed twelve 22-liter round bottom flasks mounted in heating mantels to be plumbed into a fiberglass ventilation system. The ventilation was accomplished by using a fan to force vapors evolving from the reaction vessels down a 10” diameter fiberglass pipe. The pipe traveled along three of the four walls of this room until it entered a goosenecked trap. An approximately six foot vertical segment of pipe packed with insulation was fitted on the other end of the trap [Photo 1]. A water spray was mounted at the top of the vertical section of pipe. The bottom of the gooseneck was fitted with a 3” PVC pipe to drain off accumulated liquid. This drain pipe traveled across the floor to a 3 square hole in the corner of the room. This hole was an access to a 10’ high chamber on which the room was built. Garbage bags were visible, although most were covered with muddy soil. Apparent red phosphorous was observed to be leaching from them. More than 200 empty seven gallon gray metal cans were present in the building. Most of these were crushed and stacked in large piles. A forklift apparently was used to crush the cans. About 80 of them were not crushed and were stacked neatly. The 13:1 ratio of ephedrine to 7 gallon can of Freon 113 mentioned above suggests that more than one ton of ephedrine may have been processed at this site.

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VOLUME 3 NUMBER 2 — APRIL 1993

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Also present in abundance were 50 gallon plastic drums fitted with spigots. About ten of these were present. A wooden rack to accommodate five or six of these simultaneously was constructed. In addition to these, another spigotted plastic drum was present. This particular one was 200 gallons in size. More than 40 vacuum pumps were within the building. Two ice machines were present: one working, one apparently burnt out from much use. About a dozen 60 lb. hydrochloric acid gas cylinders were found. Other smaller sizes of HCl cylinders were also found. Numerous heavily corroded and apparently discarded 22 liter round bottom heating mantels were discarded in a neat pile in one corner of the building. Many empty blue five gallon carboys of the kind commonly observed to contain hydriodic acid were collected in another area of the building. A lot of air purifying respirators were found in another pile. Five fifty pound sacks of Oxychem Soda Beads were present. This is enough to neutralize 165 gallons of 57% hydriodic acid. This amount of hydriodic acid is appropriate to react with more than 650 pounds of ephedrine. No active synthesis was in progress at the time that law enforcement personnel made their entry. The geographical location of this facility was central to at least eight active sites investigated in the last nine months. Jerry Massetti CA DOJ Crime Lab – Fresno, CA

Current prices of PCP in Kansas City are: Full dram $60 Ounce - wholesale: $250-350 Ounce - average: $300 Gallon: $8000-l0,000 Chris Bommarito MI State Police Crime Lab – East Lansing, MI

RED MERCURIC OXIDE PURCHASED INSTEAD OF RED PHOSPHORUS The Pennsylvania State Police Crime Lab, Greensburg, recently encountered a laboratory where the “cooker” claimed to have experience from California. He had all the ingredients for a red phosphorus – iodine method except he purchased red mercuric oxide instead of red phosphorus. He stated to a confidential informant the red mercuric oxide was “the stuff used in flares.” It is my belief that he simply made a mistake. Red mercuric oxide differs from yellow mercuric oxide only in particle size. On heating, it decomposes to mercury and oxygen, thus potentially causing a flammability and toxicity hazard. The “cooker” had not gone beyond extracting ephedrine prior to his arrest. Leonard S. McCoy PA State Police Crime Lab – Greensburg, PA

PCP SOLUTIONS SEEN IN KANSAS CITY, MISSOURI At a recent Kansas Intelligence Association meeting held in Salina, Kansas, an officer with the Kansas City, Missouri Police Department, spoke to the group on gang activity in the metropolitan Kansas City area. During the presentation, it was discussed the kids of Kansas City were using a drug called “water.” This drug is described as the hallucinogen phencyclidine (PCP) which has been mixed with finger–nail polish remover, bleach, or formaldehyde. This concoction would give a “high” for several hours which would “come and go.” It was also mentioned the kids would also drink a 40 ounce bottle of “Cisco” at the time of using “water.” Packaged like wine coolers, Cisco is a cheap wine high in alcohol content. Additional information from their drug unit advised that PCP has a strong odor similar to ether. The kids are lacing or cutting the PCP with embalming fluid similar to formaldehyde, Coleman fuel, acetone (fingernail polish remover), or bleach. After cutting, the mixture will have an odor similar to a strong bug spray. The officers stated the PCP comes in a small brown vials with a cap, about thimble size. Within the past 5–6 years, officers have information PCP is coming from California and Arizona. It is being shipped over night air express in Listerine bottles because of the color of the bottle. Officers also advise the kids are using and selling “Sherm sticks” or “Mo.” These are “More” brand cigarettes which have been dipped in liquid PCP, dried and are then smoked. Originally, Sherman brand cigarettes were used. The reason for using these brands is because the paper is more coarse and will not dissolve as with other brands. These sell for $10 an inch and an ounce of PCP will dip approximately 90 cigarettes. Kids are also lacing marijuana cigarettes with the powdered form of PCP, which are called “lovelies.” The location where “water” is sold is referred to as a “water house,” similar to a “crack house.”

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SLURPY MACHINE USED IN CLANDESTINE LAB On April 8, 1993, criminalists from the CA DOJ Crime Lab–Santa Rosa assisted the San Francisco Bureau of Narcotics (BNE) agents in the processing of two scenes suspected of clandestine laboratory activity. Both the residence and the business of the suspect were searched. Of interest was the discovery of a Slurpy machine at the business address which was being used to cool the reaction mixture (Editor’s Note: A Slurpy is a sweetened, flavored icy slurry drink popular as a refreshment). Also of interest was an apparently new recipe for the manufacture of hydriodic acid. This method involves the distillation of a mixture of phosphoric acid and potassium iodide into a receiving flask containing water. This procedure is reported to produce a 37% solution of hydriodic acid. Brenda Heng CA BNE Precursor Program – Sacramento, CA

NEWS FROM NORTHWEST OREGON 1-Phenyl-2-Nitropropene Route Popular The nitropropene route to P2P is becoming commonplace here. Three such laboratories have been processed by our lab since the beginning of 1993. One of these cases involved a clandestine chemist with a purported university background. Literature seized during this investigation included papers relating to synthesis of codeine, heroin, meperidine (pethidine, Dolantin, Demerol), methadone, hydroxypethidine (Bemidone), methamphetamine, ephedrine, pseu-

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION doephedrine and methylamine. The manufacture of methamphetamine in this case appears to have been carried out with both commercially available and home–made methylamine. The latter was probably made by reacting ammonium chloride with formaldehyde. In addition to the chemical literature, the rogue scientist also kept reasonably good lab notes. This is a great help to us, but rather a bad idea on his part. Also seized were records of shipments of chemicals to various persons and fronts associated with this case. These will be also very useful in assessing the capabilities of the clandestine methamphetamine lab. Although no positive indication of completion of manufacture of anything but methamphetamine was obtained from our examinations to date of the chemical samples in this case, several samples had no common relation with the making of methamphetamine. They did fit into schemes for synthesis of some of the other materials. For example, ethyl bromide and magnesium were found; literature in the case states that this Grignard may be employed in the last step of making methadone (Amidone). Also, samples analyzed in this case contained benzyl chloride and benzyl cyanide. While benzyl cyanide may lead to P2P, it is also only a few steps from methadone, and is also involved in a route to meperidine. Catalytic Reduction Of Ephedrine Two events have indicated a resurgence of interest in the use of the chloropseudoephedrine route to methamphetamine from ephedrine. One is the seizure of a clandestine recipe outlining both the red phosphorus – hydriodic acid and the chloropseudoephedrine methods. This was taken from a doper’s residence in the country along with some antique chemical jars and a little lab paraphernalia. The other event is the processing by our lab of a full–blown chloropseudoephedrine operation. This case starts with little white double–scored ephedrine hydrochloride tablets. Ephedrine hydrochloride was extracted with methanol and crystallized. The reaction with thionyl chloride was probably carried out in chloroform. Waste (?) materials apparently containing the two diastereomers of chloropseudoephedrine, sulfur dioxide, a small amount of methamphetamine and palladium on carbon have been identified. Another powdered sample of methamphetamine in the case shows the cis–aziridine on GC/MSD, a nice marker indicating a relationship to the clandestine activity. Unexpected Submission Of MDA A recent submission of suspected controlled substances to our laboratory demonstrated the value of experience. Upon being opened, a large paperfold was found to contain about 1/4 ounce of an off–white

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powder with a texture recognized as characteristic by one of our senior criminalists. “MDA!” she said. This rarely seen material (in our lab) was indeed soon proved to be present. This exhibit was taken from the briefcase of a gentleman brought to Portland by minions of the law from Seattle who determined he had an old warrant for LSD possession in Oregon. Earlier this year, street intelligence (an oxymoron?) suggested that we would see MDA / MDMA (Ecstasy) in quantity from the establishment of “Rave” nightclubs; however, only one small positive sample (MDMA) was seen last fall. Bunk Samples Encountered Perhaps the CLIC Journal could establish a “Bunk sample of the Issue” contest. We submit the following entries: An Asian male was detained at U.S. Customs at Portland International Airport. Among his belongings were a collection of gay sex magazines and a selection of toys. He also possessed three small plastic vials of yellow powder which he allegedly said were stuff he sprinkles on his cuts at work. He’s a chef at an East Coast restaurant. This powder was field–tested as positive for heroin by a member of another agency. It was rushed to our lab while the subject was locked up. We found no controlled substances and were able to partly characterize it as containing starch particles, a few mineral grains and probably an antibiotic related to tetracycline. Justice was presumably served! Our second entry came via the Post Office. An Inspector arrived with two samples of dates which had attracted the attention of a trained canine nasal mass spectrometer. While one set of dates appeared to be unremarkable, the other set were uniformly contaminated with some ground green vegetable substance. Micro and chemical exam for Cannabis were negative. Further extraction and screening for other controlled substances failed to detect anything interesting. Finally, the same experienced criminalist mentioned previously said in reference to the odor of the exhibit, “Licorice!”. After briefly consulting PIHKAL and the Merck Index, an extraction scheme was chosen (rinse w/ chloroform) and GC/MSD confirmed the presence of anethole. The armed, surveiling agents prepared to serve Federal search warrants in two west coast cities were called and told to “stand down.” Testing of the Black Labrador with Black Licorice has been scheduled. In discussing the case with the Postal Inspector we learned that spurious transfer of characteristically odiferous materials between packages in containerized mail shipments may sometimes occur, owing to the changes in atmospheric pressure associated with airmail shipment. Linton von Beroldingen OSP Forensic Lab – Portland, OR

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VOLUME 3 NUMBER 2 — APRIL 1993

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

IODINE CRYSTALS: THE CLANDESTINE LAB INVESTIGATOR’S FRIEND AND ENEMY CHARLES ILLSLEY, BS DEA Task Force 47 W. 200 South Suite 401 Salt Lake City, Utah 84101

The proliferation of iodine crystals in clandestine methamphetamine manufacture has given rise to an evidence and safety dichotomy for agents and chemists involved in clandestine laboratory processing. The fumes from iodine crystals are a valuable forensic aid for fingerprint examiners searching for latent prints. For decades, iodine crystals have been used by crime labs in fuming pipes and chambers to develop fingerprints on a variety of surfaces (Fig. 1). Iodine fumes react with sebaceous oils often transferred to friction skin surfaces of the fingers and palms. The prints which develop are yellow to brown in color. Generally, this technique is effective only on surfaces which have been touched recently. Also, prints developed through iodine fuming tend to fade with time. Additional finning is required to enhance the print. Photography is the most reliable means of preserving prints developed by this technique. The advent of ninhydrin analogs and other sensitive fluorescent chemicals has rendered this technique almost obsolete, although iodine fuming is still used on a limited basis to develop latent prints on human skin in homicide cases. The clandestine laboratory environment where iodine crystals are present are, in essence, a self–contained fuming chamber for latent prints unknowingly built by the suspects. This environment develops latent prints on the iodine containers, glassware, nearby chemical bottles, and virtually any surface within close proximity to where iodine fumes are present (walls, table tops, and other laboratory equipment). This environment accelerates fingerprint development, and each synthesis involving iodine crystals in that environment serves to enhance the latent prints. For those examiners who conduct a search for latent prints inside the clandestine laboratory site, the examination is expedited by the presence fully developed latent prints. For safety reasons, the search should be limited to those surfaces which cannot be transported outside the clandestine laboratory environment. These latents may be quickly photographed and lifted with fingerprint tape. For those examiners who process evidence outside the clandestine laboratory site, iodine–fumed latents will be visible on a

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number of exhibits removed from the lab. Such latents commonly appear on glass, labels, lids, and other items. In most cases, the prints will be sufficiently developed that no additional processing is necessary. Again, these prints may be photographed and/or transferred to a lift card and preserved (Fig. 2). Imagine the frustration of a defense attorney attempting to cross examine a fingerprint expert who found iodine–fumed prints at a clandestine laboratory site. Q: “Who developed these latent prints?” A: (Pointing from the witness stand) “Your client!” From a safety standpoint, iodine crystals and the fumes they create pose an immediate health hazard to the chemist, agent, or fingerprint examiner exposed to them. As iodine vaporizes, it turns into a purple gas which causes headaches, nausea, and dizziness. Iodine is a corrosive substance which irritates the eyes and mucous membranes. Purple staining or discoloration of any surface is a good indication that iodine crystals/fumes are present. Any iodine–related evidence should be handled carefully, especially when being packaged for shipment to a forensic laboratory. In one recent laboratory seizure, purple gases from iodine had escaped from the original containers and were circulating inside the heat sealed evidence bags. Such exhibits should be sealed in an air tight bottle before they are sealed in an evidence bag prior to submission to a laboratory for analysis. Agents seizing such evidence should clearly label the exhibit with a warning indicating the presence of iodine. Bags containing this evidence should be opened in a well– ventilated area or under a fume hood. Recent trends indicate that clandestine laboratory operators will continue to use iodine crystals to circumvent legislative controls on essential chemicals. These same suspects run the risk of leaving irrefutable proof of their presence at the laboratory site. At the same time, their ingenuity requires that the law enforcement and forensic communities exercise proper care when handling this valuable but dangerous evidence.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Figure 1: Iodine Fuming Gun commonly used in fingerprint development. The examiner blows through the rubber tube which causes the iodine crystals to evaporate. The end of the gun is aimed at a suspected surface and the fumes cause latent prints to turn yellow to brown in color.

Figure 2. Photograph of fingerprint recovered from the top of an ephedrine tablet bottle found in a clandestine laboratory. The print was visualized by the iodine present in the immediate area of the bottle.

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VOLUME 3 NUMBER 2 — APRIL 1993

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 3 NUMBER 1 — JANUARY 1993

IN THIS ISSUE CLIC Starting Seized Clandestine Laboratory Notes and Recipe Collection ................................................................... 2 Association Training Committee Seeks Material ......................................... 2 Confined Space Incident Kills Three ............................................................ 2 Clandestine Laboratory Seizures ................................................................... 3 Practical Advice on Gas Detection for Confined Space Entrants’ Safety ...................................................... 6 Inhalation Injuries, Information On Hispanic Gang Methamphetamine Lab Activities ......................................................... 10 Jerry Massetti, MS. Original Papers Ayahuasca .................................................................................................... 11 Alexander T. Shulgin. Ph.D. A Validation Study of the “Cold Method” .................................................. 12 Stephen T. Bentley, BS Ephedrone Syntheses in Russia ................................................................... 14 Vladimir I. Sorokin, Ph.D. Synthesis Of Phenylacetic Acid Via Mandelic Acid .................................. 15 Randal S. Johnson and Roger S. Schneider Serial Dry Extraction of Illicit Methamphetamine Powders For the Identification of Adulterants and Diluents by Infrared Spectroscopy ........ 21 Roger A. Ely, BA The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions from the membership concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references where necessary. Research papers or material over one page in length is requested to he submitted on IBM computer disk (contact the Editor for more information). One of the primary goals of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed ins speedy manner. For more information concerning the Journal, contact the Editor.

Association Officers President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041 Vice-President: Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Ken Fujii Contra Costa Sheriff's Crime Lab 1122 Escobar Street Martinez, CA 94553 (415) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Executive Board Members: Terry A. DalCason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640 Tim McKibben Aurora Police Department Crime Lab 15001 E. Alameda Aurora, CO 80012 (303) 341-8344 Max Courtney Forensic Consultant Services PO Box 11668 Fort Worth, TX 76110 (817) 870-1710

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CLIC STARTING SEIZED CLANDESTINE LABORATORY NOTES AND RECIPE COLLECTION There has been an interest by the CLIC membership to have a centralized repository for copies of seized recipes from clandestine drug laboratories. A form is provided in this issue of the CLIC Journal to attach to each copy of a recipe you submit. This form will standardize the layout of the background information about each recipe. This information will be used by the archivist, Ray Kusumi of the WSP Crime Lab - Seattle, to index the recipes in a computer-based database. By doing this, we should be able to retrieve related recipes for requesting members. Please support out efforts by sending copies of your recipe, with a submission form filled out for each to: Ray Kusumi WSP Crime Laboratory 2nd Floor, Public Safety Building Seattle, WA 98104 (206) 464-7074

ASSOCIATION TRAINING COMMITTEE SEEKS MATERIAL At the CLIC Seminar in Fort Worth, a survey was conducted to help establish the Association’s training needs. The results were used to prioritize the perceived training needs of the Association. The six most requested areas of training were: 1. general clandestine drug labs 2. hazards associated with clandestine drug labs 3. hazardous material toxicology 4. clandestine drug lab scene processing 5. laboratory analysis of clandestine lab samples 6. the ephedrine – hydriodic acid reaction The Training Committee is currently preparing course outlines and lesson plans for those topics. Hopefully, the lesson plans complete with accompanying slides will be ready for distribution to CLIC members by the next training seminar. Once the lesson plans are completed, they must be approved by the Board of Directors. For liability reasons, all training done under the name of the Association must be done using the approved lesson plans. Additional topics will be added as time and resources permit. CLIC not only needs to educate chemists working in the area of clandestine drug labs, but also needs to educate all parties involved in the investigation of clandestine drug labs. Therefore, the training committee is also trying to establish a pool of instructors who are willing to lecture concerning topics relevant to clandestine drug labs to police and fire personnel, prosecuting attorneys, or other interested parties. There are a number of people currently lecturing as experts on clandestine drug labs who have limited actual hands–on experience. CLIC needs to disseminate information to the parties who have a need to know, and to make everyone’s job easier and safer. If you are interested in becoming part of the lecturer pool, or you have

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lesson plans and materials for any of the topics being developed, contact. Donn Christian CLIC Training Committee AZ DPS Crime Laboratory PO Box 6638 Phoenix, AZ 85005 (602) 223-2394 - voice (602) 223-2913 - FAX

CONFINED SPACE INCIDENT KILLS THREE Virginia Occupational Safety and Health officials are investigating a confined space accident that killed three men who were performing maintenance work on a storage tank at a sewage treatment plant in Arlington, VA. Authorities believe the men were overcome by fumes from a glue they were using to replace a rubber lining in the tank. The glue – Endurabond – contains xylene and toluene. The workers were not wearing respirators, officials said. The victims were identified as Frank W. Johnson, 52 of Salem, Va., and Stephen L. Miller, 39, and Martin M. Mroczkowski, 21, both of Roanoke, VA. All of the victims were employees of Roanoke Belt Inc., a Roanoke company that had a contract with Arlington County for the maintenance work. The workers were found September 25 at the bottom of an 18,000 gallon steel storage tank. A county worker discovered the bodies after noticing that the workers’ van was parked in the same place as the day before. The Arlington fire department was summoned, and two firefighters, wearing protective clothing and self–contained breathing apparatus, entered the tank and determined that all three workers were dead. Rescue workers, fearful that fumes in the tank posed a fire or explosion hazard, worked slowly and carefully. It took almost 12 hours to retrieve the bodies. The tank had contained sodium hypochlorite, used to treat waste water, but it had been drained several months before the maintenance work and none of the hypochlorite fumes remained, a county spokesman said. The incident is being investigated by authorities from Arlington County and the Virginia Department of Labor and Industry. Under Virginia law, the state investigation must be completed within six months, said Harry Carver, director of public services and information for the Virginia Department of Labor. Occupational Health and Safety Volume 61, Number 11 November 1992, pp. 8-9

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CLANDESTINE LABORATORY SEIZURES CLANDESTINE LAB EXPLODES IN TUCSON, AZ In October 1992, the Arizona Department of Public Safety responded to the scene of an explosion that occurred at the site of a suspected clandestine methamphetamine lab located in Tucson. The only chemicals at the location were acetone, sodium hydroxide and gamma–butyrolactone (gamma hydroxybutyric acid lactone). Investigation and consultation with investigators from the Food and Drug Administration indicated the suspect was producing an unapproved prescription drug, gamma hydroxybutyric acid (GHB). GHB is a steroid alternative that is not controlled under Arizona drug laws (RAS 13-3400) or Federal scheduling (CFR 21), but is controlled under the Federal Food, Drug and Cosmetic Act. According to the suspect, he was adding a sodium hydroxide solution to the gamma-butyrolactone to a pH of 5. The water was evaporated from the mixture using a propane burner. The resulting solid was washed with acetone and placed into a sealed drying room. The concentration of the acetone in the drying room exceeded the LEL of the acetone and was ignited causing extensive damage to the warehouse location and giving the suspect second degree bums on the upper portion of his body. Donn Christian AZ DPS Crime Lab – Phoenix, AZ

NEW CONTAINERS FOR FREON 11, HYDRIODIC ACID ENCOUNTERED In a recent drug laboratory, we found a new type of Freon 11 container. The manufacturer was Elf Atochem and the name on the container was “Forane 11.” The container was 100 pounds and was painted a safety orange. If any one else has seen this container, I would appreciate hearing from you about it. A recent car stop involved the seizure of hydriodic acid in a new type of container we hadn’t encountered. The hydriodic acid was contained in one gallon plastic bottles and had the color of old hydrochloric acid. The bottles were labeled “Hydriodic Acid” and were from Custom Lab Supply in Oakland. Custom Lab Supply used to be Custom Chem Supply in Livermore, CA. Mark Kalchik CA DOJ Crime Lab - Fresno, CA

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HUGE MDMA LABORATORY SEIZED IN NORTHERN CALIFORNIA Authorities staged four early morning raids in the Bay Area on November 19 and confiscated the makings for nearly 90 pounds of the mood–altering drug Ecstasy [3,4-methylenedioxymethamphetamine], in what narcotics agents say may be California’s largest seizure of the drug. The 7 a.m. raids in Sonoma county, Berkeley, and Emeryville were conducted simultaneously by about 40 officers from local, state, and federal agencies. They resulted in four arrests and the seizure of enough chemicals to manufacture 400,000 tablets of the drug. State drug experts estimated the operators of the lab, located in a large cargo container next to a farm house in rural Geyserville, could have earned $1.2 million wholesale for their product. The raids culminated a 5 month undercover drug investigation that started when a Petaluma police officer discovered suspicious documents during a routine traffic stop last June. Those papers led local narcotics officers; joined by agents from the Federal Drug Enforcement Agency and the state Bureau of Narcotics Enforcement, to the illicit operation. Besides the chemicals, law officials seized laboratory equipment, about $60,000 in cash and 12,000 doses of suspected Ecstasy already pressed into pills. Erik Ingram San Francisco Chronicle November 20, 1992 - p. A25

WESTERN CANADA BUSY WITH LAB SEIZURES In Western Canada, we have been inundated with lab seizures. In mid–summer, we were called to a boxed up lab scene after a sudden death was reported to the police. A prostitute overdosed on methamphetamine which was manufactured via the reduction of ephedrine using red phosphorus and HI, with approximately 3 ounces being seized. In late October there were two lab seizures 600 miles apart. The first was in Calgary, Alberta, in a rural setting. A so called “junior scientist” had been manufacturing methaqualone (over 2 pounds seized), methamphetamine and P2P. Items seized included two tube furnaces, several rotary evaporators, boxes of glassware and a nightmare of chemicals including oxalyl chloride, phosphorus pentachloride and thionyl chloride, bottled phosgene, bromine, hydrogen fluoride, etc. All the necessary chemicals were on site to make the following drugs in sizable quantities: methamphetamine (from P2P or ephedrine), MDA, MDMA, methaqualone, DMT, DET (from indole), barbiturates, and PCP. The second lab was boxed and found in Vancouver with over 2 pounds of methamphetamine being seized.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Our last lab was in early December in Edmonton, Alberta. Again, in a rural setting an active methamphetamine lab was seized including approximately 1 pound of N-formylmethamphetamine in a reaction vessel. Benzyl cyanide was the starting material to make phenylacetic acid and then P2P. This lab was biker related and was booby trapped with a defensive incendiary device which would be set off as the cook ran out of the lab. Weapons recovered included a fully loaded 9mm handgun, M-16 with two fully loaded magazines, and a crated M-60 without ammunition. The entrance and several doors were wired to warn against trespassers and entry was accomplished through an ambush by the RCMP Emergency Response Team which had set up a perimeter in a tree line around the lab and waited for more than three hours in sub–freezing temperatures and snow before finally making the arrests. Richard Laing Health and Welfare, Canada – Burnaby, BC

EXPLANATION OF “OX BLOOD” METHAMPHETAMINE The description of “Ox Blood” methamphetamine in the Sydney, Australia area published in the last issue of the Journal prompted the following clarification of the material “Partway through 1992, we saw “Ox Blood” at this Laboratory in two separate seizures: a small amount of watery liquid and a large seizure of a liquid in an oily consistency. The active ingredient was methamphetamine, prepared from ephedrine via hydriodic acid and red phosphorus. The colour was mainly due to free iodine; treatment with thiosulfate left a pink colour.” Vince Murtagh Australian Gov. Analytical Laboratory Pymble, Australia

CALIFORNIA ENACTS EPHEDRINE TABLET LAW; INCREASE OF HYDRIODIC ACID SALES NOTED The State of California, long the center of the clandestine drug manufacturing industry, has taken steps to curtail the use of ephedrine containing tablets as a source of precursor material with the enactment of a new section of the Health and Safety (H&S) code. The section, H&S 11100(e)(4) exempts the “... sale, transfer, furnishing, or receipt of any drug which contains ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine and which is lawfully sold, transferred, or furnished over the counter without a prescription pursuant to the federal Food, Drug, and Cosmetic Act (21 USC Sec. 301 et seq.) or regulations adopted thereafter. Preparations in solid dosage form containing ephedrine as the only active ingredient are not exempt from this section [emphasis added].”

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The section describes the reporting process required by the state of California for any manufacturer, wholesaler, retailer, or other person who sells any of several listed drug and chemical substances within the state. The above section allows the pharmaceutical use of ephedrine in its usual over-the-counter forms, but requires any one providing the familiar white crossed– top tablets, currently being used as a source for precursor ephedrine used to manufacture methamphetamine, to report any sales in California. Possible loopholes still exist in the reporting section as pseudoephedrine tablets (Actifed, etc.) will be available in large quantities without reporting, as will other ephedrine preparations compounded with theophylline or other active compounds. The Precursor Control section of the California Bureau of Narcotics Enforcement (BNE) reports a 128% increase in the amount of hydriodic acid sold during 1992 as compared to 1991. As of January 1, 1993, hydriodic acid became a regulated chemical under California law. Chemical and glassware purchases over $100 and paid with cash, cashier’s check, or money order are required to be reported to BNE. These sales are tracked by the purchaser’s name, car license, and driver’s license. Interestingly, of the large purchases (over 10 gallons) of hydriodic acid during 1992, 95% of the purchasers had Hispanic surnames. This is consistent with the dramatic increase of clandestine labs operated by Hispanics and Hispanic gangs. More than half of the hydriodic acid sold in 1992 (66,430 pounds) was sold in the last quarter of the year. To get a feel for this quantity of hydriodic acid sold this past year, consider this: 114,877 pounds is 52,107 kilograms, representing 30,633 liters or 8,092 gallons of hydriodic acid. The current recipe being used in most HI reduction labs is 1 gallon of hydriodic acid per kilogram of ephedrine, yielding between 0.5-0.75 Kg of methamphetamine (H. Skinner, Forensic Science International, Volume 48, 1990, pp. 123-134). Thus 8,092 gallons of hydriodic acid could produce between 4,046 - 6,069 Kg (8,919 - 13,380 pounds) of methamphetamine HCl. With a wholesale value of a pound of methamphetamine being approximately $12,000, the estimated wholesale value of methamphetamine represented by the reported quantity of hydriodic acid sold is $107 - 160.6 million!

ANTI-HIV DRUG LABORATORY FOUND IN FRESNO Complaints of chemical odors led emergency personnel to a sophisticated semiconductor business in Fresno. Acetone was being vented through the garage door in the rear of the business. A large scale effort was in progress to extract hypericin from St. John’s Wort. Several aspects of the process looked a lot like clandestine methamphetamine laboratories that use solutions of red phosphorus. Several large separatory funnels and numerous one gallon plastic bottles were filled with opaque red solutions. Two very clean 22-liter reflux apparatuses were present. Also, more

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

than one dozen 5 gallon cans of low boiling Freon were stored in an adjacent room. Suspected finished product was spread out on a makeshift drying table. The appearance of about one pound of dark brown, very sticky material was indistinguishable from the tar form of heroin common to Central California. This tarry product also smelled strongly of acetic acid. Despite these very incriminating appearances, almost everything fit into the context of extracting hypericin from a plant material known as St. John’s Wort. Hypericin forms an opaque red solution at a pH < 11.5. The reflux apparatuses were necessary to recover high purity acetone and hexanes used in the extraction and washing steps of the process. The tarry product is the form of the product containing approximately 4% by weight of hypericin. This results after the acetone was removed and the material was washed with hexanes. It was spread on a flat surface

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to dry before being diluted and encapsulated. The product could also be brewed as a tea, but is not as potent. The Freon in the adjacent room was stored for use in the installation of computer chips in various sensing devices manufactured at the facility. The Freon had too low a boiling point to be practical for extracting methamphetamine. The presence of such large quantities of Freon caused additional suspicion to investigators. The starting material, St. John’s Wort, was imported from Germany. It was clean, dry, and carefully milled to a uniform size. The plant is a perennial shrubby weed indigenous to the Pacific Coast region of North America and other dry, sunny parts of the world. Due to adverse effects on livestock, an aggressive eradication program has been in effect in California for years. One underground AIDS chemist notes the plant is abundant in Northern California.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION The family of plants known as St. John’s Wort include herbs, shrubs, and weeds of the family Hypericaceæ. Other folk names include amber, goat weed, Klamath weed, Sol terrestis, and Tipton weed. The herb has been used as a medicinal plant by American Indians and by ancient Greeks. One reference even attributes magical properties for warding off colds and attracting love. The use of extracts of St. John’s Wort, or its active ingredient hypericin, has more recently been examined as a potential AIDS remedy. Some effectiveness at destroying the coat of the HIV virus has been reported in test tube experiments. Some toxicity is being investigated regarding skin sensitization to light and blindness. Hypericin has a molecular weight of 504.43 (C30H16O8). It has a high degree of conjugation. This laboratory did not attempt to chemically characterize the sample. No controlled substances or precursors of controlled substances were identified in the product, plant material or other samples taken from the scene.

Hypericin was one of eight compounds discussed at the First Annual CLIC seminar in San Diego in 1990. Concern about this and other AIDS drugs attracted the attention of several chemists involved in processing clandestine laboratories because of the potential confusion they may cause. Similar encounters with other unapproved AIDS medications will likely continue to occur and may be mistakenly identified as a clandestine drug laboratory. The desperation of individuals to obtain the unapproved substances and the profit incentive for those skilled in the operation of hidden chemical processes suggest this problem may be on the rise. Jerry Massetti CA DOJ Crime Laboratory Fresno, CA

PRACTICAL ADVICE ON GAS DETECTION FOR CONFINED SPACE ENTRANTS’ SAFETY TERESA LYN EISMA, ASSOCIATE EDITOR Occupational Health and Safety Volume 61, Number 12, pp. 18-24, December 1992 Some employers already have comprehensive policies to protect their employees from the explosive, respiratory and mechanical hazards encountered in confined spaces. But many workers remain ignorant of the risk they take when they enter the confines of an untested space. If workers do not monitor the capricious atmosphere, the confined space may be their final frontier, with the potential for toxic gas accumulations, and oxygen–deficient air pockets and explosions of flammable gas. In a storage tank at a sewage treatment plant in Arlington, VA., Sept. 25, three bodies were found. Investigators believe the workers were overcome by toxic and potentially flammable fumes from an adhesive they were using to replace a rubber lining in the confined space said Harry Carver, director of public services and information for the Virginia Department of Labor. According to Virginia law and the Chemical Manufacturers Association, the workers should have followed the adhesive’s instructions for use in enclosed spaces and worn supplied–air respirators. State investigators also found an air monitor with expended batteries located near the workers. The county had provided the meter to warn when oxygen levels became deficient or when toxic gas exceeded permissible levels; fresh batteries were also available. OSHA is in the final stages of reviewing a national standard for procedures to monitor worker safety and rescue attempts in confined spaces. The proposed Permit–Required Confined

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Space Entry standard was published on June 5, 1989, in the Federal Register. Dorothy Strunk, acting OSHA administrator, has pledged to expedite the final standard before 1993. In common practice, gas monitors must meet the criteria determined by intrinsic safety and performance standards and by the health and safety professional’s practical hazard assessment of a particular confined space. It is most critical that all entrants know how to use the monitors. To help readers select and properly use gas–detection instruments for confined space entry, OH&S interviewed a confined–space rescue training specialist, a consultant and a gas detection manufacturer. Greg Valcourt is AIS (Advanced Life Support) Coordinator at George Washington University in Washington, D.C., and is part–time field instructor for confined space safety at the University of Maryland–Maryland Fire & Rescue Institute in College Park, MD. Valcourt discusses the hazards in a confined space that make monitoring necessary, problems to address in training workers to use the air monitoring instrumentation, and mistakes to avoid in selecting an instrument. When companies follow suggested confined space permit systems, people don’t seem to get hurt. The most serious problems you find are lack of knowledge or ignoring the hazards of confined spaces. OSHA has acknowledged that bad atmo-

1993 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 3 NUMBER 1 — JANUARY 1993

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION spheres kill, and are the most likely cause of death in confined spaces. Every gas has a weight – a vapor density. Some gases are heavier than a respirable atmosphere, and some are lighter. I may test the opening and the level seems safe for entry. But gases may have risen to a ceiling or dropped to a floor, and 30 to 40 feet into the space may be totally contaminated. Pockets of contaminated air may have formed, and these are the places where someone may go down. The way to monitor is to test every level and be aware of where those pockets may be. Some companies have a policy to meter continuously, not just before entry but while in the space, they take a monitor with them while they work. There may be a leak and the atmosphere may change, and the monitor is going to sense that before they can. They may test again after they break for lunch and again anytime there’s a break. One of the problems I see most often is that the testing is done improperly. The workers have to be trained how to operate their own monitors. They have to be trained how to evaluate the hazards of a confined space before they test, or they maybe using the wrong monitor. Or they use it improperly because they don’t understand how the meter works or how to calibrate it. Before you enter a space and before you test, you need to look at the possible hazards and use the meter that will measure those hazards. When we train how to use monitors, we like to see what monitors are being used by the workers at their own plant. Monitors from different manufacturers don’t all work the same way. When we demonstrate how to operate their own monitors, we often get the responses, “I didn’t know that’s how it worked,” “I didn’t know you had to calibrate it” or “We never were taught this.” That shows that even though they may have been using the equipment, the equipment wasn’t working. To evaluate the types of hazards that may be present, some companies have a catalogue of all the confined spaces in their plants. Their building plans indicate what’s inside the space – whether it’s a sewer, electronic or steam – and what types of equipment and procedures may be needed – such as a rescue system or lockout. There may be contractors who are not as familiar with the plant and its confined spaces. It’s the employer’s responsibility to keep the contract worker informed that, “This is a confined space, with this type of hazard, so we need to test when we enter it,” and so forth. Companies may provide a cataloguing system, where they have posted signs at a confined space showing a catalog number, and if you look up that number in the book, it shows that this is an electrical vault, and entry procedure specifies to lock out [any machinery] and have this type of testing and retrieval system. Employees need to have training on safe entry, testing, how to operate a meter, what hoist or device is required for a rescue system, and possibly how to classify a confined space. This training costs money up front, but it’s better to prevent a confined space death, which is going to cost more in the end. When you go about choosing monitors for confined spaces, don’t buy the first thing you see in your catalog. It may be the best monitor

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built, but it may not be exactly what you need for the hazards at your plant. Talk to your local OSHA people. That’s what they’re there for. Some companies buy monitors just because they think it fulfills the requirements of an OSHA violation, but the monitors didn’t fulfill the specific needs of their plant. Besides not having the correct monitors, some don’t bother to buy a calibrating kit. A rescue team we had in here had never calibrated their equipment. They assumed they only had to zero in. There’s a difference between calibrating and zeroing in. Before you start testing a confined space atmosphere, you zero in at fresh air – there’s a dial you should make sure is set at zero while the monitor is still in fresh air. With calibration, you sample a calibration gas, and the dial should show a certain level. Some O2 sensors last only one year. There are always monitors that are built better than others. If calibration doesn’t show the right level, the sensor may be worn out, and you may need to make some adjustments or send it out to get it checked and repaired. Talk to other people who have been using them for a while and who know what they’re doing. There should be companies in your area or next door you can ask, “Hey, Joe, what monitors are you using? What do you like about them? How are you calibrating them? How much are you spending to have them repaired and keep them working?” You may see a manufacturer’s demonstrations. Then compare against your own analysis of the hazards you face. Ed Bishop, C.I.H. Ph.D., is a senior project manager at Engineering Science Inc. in Fairfax, VA., and is a member of the American Industrial Hygiene Association (AIHA) Gas & Vapor Detection Systems Committee. OSHA’s proposed regulation would mandate that the attendant observe from outside the space, and order an evacuation if entrants exhibit euphoria or giddiness. Bishop discusses how air monitors fit in with this mandate and other national standards, as well as what technology is used to monitor the hazards in a confined space. The proper testing order is oxygen content, lower explosive level (LEL), and then the specific toxics. Constant or frequent monitoring should be done to determine if conditions have changed due to the operations or other factors. For example: If you’re cleaning a tank, you may kick up sludge, releasing vapors. If an entrant measures only a confined space’s LEL, gets a zero reading and enters without a respirator, he may go down quickly because the space had been inerted with nitrogen and he hadn’t checked for oxygen deficiency. If you’re cleaning a tank with steam, the steam or the heat may release vapors that weren’t detected in the preliminary readings. Oxygen may be displaced by some gases in a high concentration. That’s why we monitor O2 first. It’s very important to measure oxygen deficiency first, for two other reasons:

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 1) Oxygen deficiency is the primary criteria for the levels immediately dangerous to life and health (IDLH). 2) Instruments respond differently in an oxygen-deficient atmosphere: a catalytic combustion detector reads low percent LEL; PID reads higher LEL; FID reads low LEL or not at all; while infrared and solid state are relatively independent of oxygen content. Oxygen deficiency is usually measured with an electrochemical sensor. Toxics may be measured with a specific instrument or detector tube. There are five types of LEL detectors, or combustible gas indicators (CGIs): the photoionization detector (PID), the flammable ionization detector (FID), the catalytic combustion detector, the infrared and the solid state detector. Catalytic bead combustion is the most commonly used, followed by the PID and the FID. I personally prefer catalytic combustion CGIs for confined space entry. They are simple to use, rugged, and read out directly in percent LEL. It is important to understand that CGIs are not species–quantitative. In other words, they can’t tell the specific components of the sample, but they’ll give a reading of percent LEL or total ppm (parts per million) of the mixture. The instruments are looking for certain properties of the gases you’re testing, and can’t tell benzene from pentane. Also, the LEL meter will not distinguish between rich and lean mixtures. With lean mixtures, there’s not enough fuel to burn. In the upper explosive range, there is insufficient oxygen to burn. If you’re in too rich an atmosphere, you may be getting into a toxic, high vapor concentration. Recently, several personal monitors have become available which continuously meter oxygen deficiency and LEL. You keep them with you, and they will alarm at certain points when the atmosphere changes. They work hands–free and they’re about the size of two cigarette packs. It’s also important to make sure that your instrument is intrinsically safe for the class, division and group atmosphere to be tested. In Class I, Division I, there are four Groups: Group D is less flammable, such as methane atmospheres. Group C atmospheres are more flammable and contain chemicals such as carbon monoxide and ethylene. Group B is more flammable and may contain ethylene oxide or hydrogen. Group A, the most flammable, contains acetylene. Your instrument needs to be certified by an independent laboratory as intrinsically safe for the atmosphere you will be metering. For example, you might take an instrument that’s certified for A, B, C and D atmospheres into a D atmosphere, but you would not take an instrument certified just for C and D atmospheres into Group A atmospheres. (NFPA 497M, “Manual for Classification of Gases, Vapors and Dusts for Electrical Equipment in Hazardous Locations,” contains a complete list to assist in determining appropriate respiratory protection as well as air monitoring devices.) It’s important that the instrument meets ANSI-UL 913 which is the standard for intrinsic safety for these types of instruments. Another important standard is ANSI-ISA 1215, which covers

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instrument performance criteria. The ANSI-UL 913 standard gives procedures for testing intrinsic safety for these instruments. In a nutshell, for the different Groups A, B, C and D, the laboratory tests the instrument in an atmosphere in its explosive range for that group. It must be incapable of igniting this atmosphere to receive the intrinsic safety (IS) certification. When an instrument is performance tested against ANSI-ISA 1215, the user knows the instrument meets reasonable criteria for accuracy, linearity, etc. The instruments are not individually tested as they come off the assembly line, but the independent laboratories certify the instrument’s design and periodically check that the manufacturer fulfills the criteria for intrinsic safety. Some manufacturers do not submit their instruments to an independent lab, stating it takes too long or that the instrument is designed to be intrinsically safe. But, to me, that doesn’t make it. I want to know that it’s been independently tested. I may not have the time or the facilities to do the intrinsic safety and performance testing myself. Buyer beware – insist on independent laboratory certification. I think OSHA should also certify labs to do the performance testing. This should be indicated by a standard seal so that l can look for a sticker that says the instrument has been tested in an independent laboratory. They have it for hard hats and ladders and goggles – why not these instruments? Important steps sometimes ignored by workers include calibration, battery check and field check. It’s important to make sure the CGI is calibrated for what you’re measuring and to make sure it’s working. You should calibrate the meter with a calibration gas in the laboratory before you take it out to the field, and re–zero it. Also, check battery condition using the battery–okay light. Prior to entry, and periodically, perform a field check. I use a permanent marker for the field check because it’s alcohol– based. If you wave the marker in front of the sensor, it will give you a meter reading, and you know the instrument is responding. Workers need to be trained in use, misuse, readings interpretation and interference gases that may hamper the accuracy of some instruments. It’s important for entrants to understand the confined space entry procedure: how to use an oxygen meter, an LEL meter, the meter for toxics, if applicable, know how the meter’s calibrated, know to sample the atmosphere prior to entry (preferably remotely). It’s important that they know that with a low oxygen reading, the LEL readings are going to be affected. They need to know to check for an intrinsic safety certification by UL [Underwriters Laboratories], FM [Factory Mutual], CSA [Chemical Safety Associates], or Met Labs or other OSHA nationally recognized testing laboratory (NRTL). They need to make sure the group the instrument is certified for agrees with the potential contaminants. Users need to know what the readings mean: If the LEL reading on an FID or catalytic detector rises to 100 percent quickly and then drops, that may mean they are in the upper explosive range. These could be IDLH even though the meter reads below 10 percent LEL.

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VOLUME 3 NUMBER 1 — JANUARY 1993

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION The entrants wear a certain level of PPE [personal protective equipment] because of known hazards as determined with the instruments and knowledge of the confined space. The OSHA visual monitoring requirement [of the proposed confined–space entry standard] is an added precaution. The worker could sever an airline, suffer the effects of heat stress/exhaustion, suffer a head injury, etc. It is an adjunct to gas monitoring, not a replacement. The monitors are meant to be an extension of your senses, but in no way are they to replace being aware yourself of what’s going on and what hazards are around you. An industrial hygienist should be training the workers. Most industrial hygienists can pick up an instrument, read the instructions and properly use it. However, other workers/instrument users should be trained on the specific operation of the instrument. For the industrial hygienist, instrumentation is a primary function. For tank entry personnel, instrumentation is a secondary and sometimes ignored or misunderstood function. Carl Mazzuca is president of GasTech in Newark, Calif., a manufacturer of confined space instruments since 1971. Mazzuca discusses the difference between safety instrumentation and industrial hygiene instrumentation and what is practical against the immediate hazards of a confined space. IR, PID, FID – these are generally not safety instruments for confined space entry work. These are devices for analysis, not for someone who’s concerned with confined spaced entry. They generally require a higher degree of training for proper operation and they cost 5 to 15 times the cost of a unit that uses catalytic combustion or electrochemical principles I believe this is very important – there are many people in our industry and on the fringes of our industry who criticize the gas detection manufacturing industry for not improving – and I use that term loosely – our sensor technology. Over the years it’s escalated to 20 or 30 gases that we are supposed to be able to detect. The basic technologies are combustible gas detection by catalytic combustion, electrochemical or galvanic oxygen detection and electrochemical toxic gas detection. All of us who are legitimately in this business employ our own ideas and philosophies, but basically we all use those principles of detection. Now the toxic gas phenomenon, I don’t know where it will end if ever, in our industry, because the sensor technology that we

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employ today won’t allow us to make precise and specific determinations of toxics. I also contend that anyone in the safety gas detection business who is trying to do that is promoting the wrong idea, because we’re not in the analysis business. We’re providing tools for detection and early warning. The sensor technology we’re using is basically the same sensor technology that’s been employed for the last 25 years for confined space safety instruments. It’s simple, reliable and “user friendly.” The catalytic bead combustible gas detector is probably the lowest cost device, is very reliable in that it will work time and again, and it’s predictable: it works with a great deal of repeatability. Once a worker has used one of these, he becomes pretty well accustomed to how it will act. It is by no means sophisticated – nowhere near as sophisticated as something like infrared detection or PID. The beauty of the catalytic sensor is that it detects explosive gases over a broad range and detects almost all of the flammable gases OSHA demands that we look at. Mind you, not telling which gases, only that they’re there and may present a hazard. And it does this very economically. Typically these sensors can be bought or replaced for $100 or less. The combination of combustible gas and oxygen detection is probably the most important combination for confined space entry. They aren’t necessarily going to tell you that there’s a toxin in the environment. But they will save you from the two most prominent killers, short term: explosion and asphyxiation. The most popular is the three – function instrument which incorporates detection of combustibles, oxygen and either hydrogen sulfide or carbon monoxide. And this led us to the most current phenomenon in the industry: the four function instrument in one unit. We as an industry sell thousands. What you’re looking for is practicality. If we designed a portable instrument that would tell a man everything from soup to nuts about the environment he’s about to enter, and would cost, say, $5,000 each, I don’t think many of them are going to be bought for safety, but they will be bought by a hygienist or a researcher who needs that level of information. The distinction is that if you want to prevent a worker from going into a hazardous environment in a confined space, you want to give that worker a tool to determine that the atmosphere is (or is not) hazardous. What makes it unsafe right then is not important to you. All you want to know is “Don’t go in” – first level safety.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

INHALATION INJURIES, INFORMATION ON HISPANIC GANG METHAMPHETAMINE LAB ACTIVITIES JERRY MASSETTI CA Dept. of Justice – Fresno Regional Laboratory Annex 1704 E. Bullard Fresno, CA 93710

ABSENCE OF CONDENSERS RESULTS IN INHALATION INJURIES On two occasions during the last quarter of 1992, entry teams sustained exposure to hydriodic acid – red phosphorus reaction mixture vapors requiring emergency room medical attention. At both scenes condensers were not being used on four 22-liter round bottom flask containing hot reaction mixtures. It is possible, at least at one of the scenes, the mixtures were still actively refluxing. Two additional clandestine laboratory investigations during the same time period revealed stored equipment and chemicals similar to those above. No condensers were found with the stored equipment. The use of multiple 22-liter reflux setups without condensers seems to be a continuing trend. This was first observed in Central California in July 1992. Other incidents have been reported throughout the state before July 1992.

HISPANIC GANG CLANDESTINE LABORATORY STRATEGY MEETING Law enforcement personnel from numerous agencies involved in the investigation of clandestine methamphetamine laboratories associated with Hispanic gangs from southern California shared information at a strategy meeting hosted by the California Bureau of Narcotics Enforcement in Fresno on October 21 and 22, 1992. Cash purchases of 22-liter round bottom flasks and heating mantles are being reported to the BNE Precursor Control program in Sacramento. Ninety-four percent of these cash purchases were made by individuals with Hispanic surnames. The license plates of the individuals making such purchases are also being reported. Many individuals are being observed to use the same car. The use of taxis has become increasingly popular. Large quantities of ephedrine are being smuggled across the three ports of entry into San Diego. Most seizures range from 5-250 pounds. The largest seizure was 2000 pounds. The reporting individual was of the opinion the conversion of ephedrine to methamphetamine was occurring almost exclusively north of the Mexican border. Despite some methamphetamine labs found in Mexico, it is believed the risk to the manufacturer’s investment was much less if the methamphetamine was synthesized after smuggling the ephedrine into the United States. The drivers of the vehicles smuggling the ephedrine were seldom the registered owners of the vehicles. Unlike the ephedrine, little methamphetamine is seized at the San Diego ports of entry. In general, the major sources of synthesized ephedrine were from Germany, while extracted ephedrine primarily came from China. One shipment of more than 2600 kilograms of ephedrine was intercepted in Jalisco, Mexico. It was packaged as sacks of sugar and fertilizer, and had been transported by boat from Germany through Venezuela. There was a discussion of ephedrine brokers. These individuals buy and import ephedrine in large quantities. They parcel it out to smaller

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distributors with the other required chemicals. Underground burial sites, including buried vehicles, are used to store the ephedrine, chemicals, and equipment. Illegal aliens from Mexico are used to pick up chemicals from storage sites and deliver them to manufacturing locations. The techniques used to bury stored chemicals is not unlike those used in the past by the heroin trade. Other information indicated a group of individuals formerly involved with heroin trafficking in southern California are now dealing methamphetamine. One report indicated hydriodic acid, upon receipt, is immediately transferred to different containers including red plastic 5-gallon gasoline cans. The laboratories associated with Hispanic gangs seem to have a preference for multiple 22-liter reflux apparatuses. These have numbered from as few as 2 to as many as 22 at another location. Estimates of the amount of methamphetamine hydrochloride produced in each 22-liter flask ranged from about 8 to 11 pounds depending on numerous factors. Large 30 to 70 gallon plastic drums are usually found at these labs and are used as separatory funnels. The solid red phosphorus is removed from the reaction mixture using sieves constructed from 5 gallon plastic buckets and bed sheets. Labs of this type have be found almost exclusively in southern California. Hydrogen chloride gas cylinders are also typically found at these lab sites. Suppliers of these pressurized cylinders usually require a $300 deposit to insure return of the empty cylinder. These deposits are usually paid for in cash and the cylinders seldom returned. There was a detailed discussion of the prices for methamphetamine at different levels of distribution. Generally, the price seemed to be coming down to the range of $4500–6000 per pound in southern California. A fingerprint examiner reported better success at recovering usable latent prints when they were lifted from the objects at the drug laboratory scene rather than after the objects were transported to the laboratory for later examination. He showed an example of a fingerprint left in oily methamphetamine powder which could be seen at the lab site, but would likely have been lost if the object was transported. He also demonstrated the usefulness of processing paper and cardboard items from these scenes such as chemical catalogs, written recipes and shopping lists. A strong argument was made for collecting palm prints in addition to fingerprints from suspects at drug labs. This was primarily based on the way chemical equipment and containers are held and carried. Many times the latent impression left on a piece of rounded glassware or a chemical container is made by a subject’s palm rather than the fingertips.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

AYAHUASCA ALEXANDER T. SHULGIN, PH.D. A.S. Research Institute 1483 Shulgin Road Lafayette, CA 94549

Until recently, the term “Ayahuasca” (eye-ya-’wass-ka) was seldom seen or heard outside of reports that originated in the Amazon basin. This plant decoction has found wide use throughout northern South America in healing, prophesy, initiation, and as a sensory intoxicant. Depending upon its area of origin, it has also been called caapi, natéma, or yafé. In the last decade or two, it has appeared more and more frequently in non–Indian settings. It has become a component of a religious movement in Brazil, and it is provoking broad curiosity in Europe and in the United States. Its composition is extremely variable, depending upon the personal choice of the curendero-shaman-healer-practitionerphysician who prepares it. It can be composed entirely of plant materials or synthetic compounds, or of combinations from both sources. Invariably, Ayahuasca is a mixture of two components. One is an enzyme inhibitor, a factor that will block the deamination of an amine. The other is the amine that is protected from metabolic destruction. As a rule, neither component is particularly active alone, orally, but in combination the deamination inhibitor allows the amine to show oral activity. The monamineoxidase inhibitor (MAOI) can be from plant sources, or it can be an appropriate pharmaceutical agent. The chemicals that are usually found in the plant products are harmine, harmaline, or tetrahydroharmine, all 7-methoxy-β-carbolines. In the Amazon, plants of the Banisteriopsis genus are common, including species such as B. caapi or B. inebrians. In Europe, and the southern United States and Mexico, one can find several species related to Peganum harmala, or Syrian Rue, being used as a source of these carbolines. The positional isomers, 6-methoxyharman and its hydrogenation products, have also been employed in this enzyme inhibitory role. Even prescription antidepressant MAOI drugs such as tranylcypromine (Parnate) have been used as the activators. The amine being allowed oral availability by this deaminase activity can be from an even wider collection of sources. The simplest tryptamines such as N,N-dimethyltryptamine (DMT) or

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5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT) are common. There are many plants that have been used for this component. The extracts of the leaves of Psychotria, a shrub of Amazonian origin but now found throughout the world, are active and often employed. Acacia species from Australia (the Wattle tree) or China, the snuff sources derived from Anadenanthera, the roots of Mimosa hostilis or from grasses found in the Midwest, the various Virola bark resins from the Amazon, or even from the poison glands of the Bufo alvarius frogs of the Southwest, all contain tryptamine alkaloids that become orally active when mixed with a MAOI companion. But the amine being protected from metabolic destruction can be from many other sources. I know of mushroom extracts, some of the Psilocybe line, some from Amanita, and some from Inocybe, that have been used. There can be extracts of plants of the Solonaceae, the Datura group, or belladonna, henbane, or mandrake, or extracts of the Brugmansia that are the South American relatives of the Datura. Here, the active agents are atropine and scopolamine. Although many of these amines are quite active by themselves, they have nonetheless been explored as the “second half” of the Ayahuasca. Most often, the patient/recipient has no idea of the composition of the Ayahuasca brew. If these are plants, their identities might be uncertain due to the use of native names. Even the person who assembles and provides the active mixture might be unable to accurately acknowledge its components, as he may be using extracts and concentrates of plants of unknown origins. Thus, Ayahuasca can be a capricious combination of either plant extracts or specific compounds. It can be encountered as a viscous oil that can vary from amber in color to tarry black. It is neither consistent in composition, nor is it reproducible as to pharmacological activity. An illicit drug may be present in a given sample (DMT, psilocybin, or possibly bufotenine); however, these explicitly scheduled drugs may not be there at all. Most exhibits will be complex mixtures that will be challenging to analyze.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

A VALIDATION STUDY OF THE “COLD METHOD” STEPHEN T. BENTLEY, BS CA Department of Justice Crime Laboratory 3870 Morrow Lane, Suite A Chico, CA 95928

ABSTRACT

PROCEDURE NUMBER 2

After reading articles entitled the “Cold Method” [1], a study was conducted as to whether this method is a viable one in terms of producing methamphetamine.

Equal amounts of ephedrine and red phosphorus were placed in a plastic test tube, along with an excess of iodine. This test tube was capped and connected, via a U-shaped glass tube (a shaped pipette) to another test tube containing water. A glass tube bridge was placed between both test tubes just above the reaction mixture and the water. This set up was allowed to sit for two days. The water appeared yellow and tested positive for hydriodic acid. This solution was added to the reaction mixture and allowed to sit for two hours. The reaction mixture was decanted and then made basic and extracted with chloroform. The chloroform extract contained methamphetamine, aziridines, and some unidentified by-products. No ephedrine was detected in the extract, suggesting the consumption of ephedrine during the reaction was complete.

METHOD All samples were examined using a Hewlett Packard 5890 gas chromatography with a Hewlett Packard 5870 mass selective detector equipped with a 15 m DB-l capillary column. The temperature program profile was 70°C for 1 minute; 30°C per minute ramp; to a final temperature of 280°C. The figure below depicts the two physical setups used with the procedures employed in this study.

DISCUSSION This study demonstrates the “cold method” as described is a viable method for producing methamphetamine. Further, aqueous hydriodic acid is not necessary to produce methamphetamine. In other words the reaction can be carried out in a “dry” state. Chromatograms from both procedures have a similar profile. The chromatogram representing procedure 2 has been provided [Fig. 2]. It should be noted the test tubes containing the reaction mixtures were not warm to the touch.

REFERENCE 1. 2.

Safety Bulletin, J. of the Clandestine Laboratory Investigating Chemists Association, Volume 2, Number 4, October l992, pp. 2-3. Safety Bulletin, Microgram, Volume XXV, Number 12, December 1992, pp. 306-307.

PROCEDURE NUMBER 1 Equal relative volumes of ephedrine and red phosphorus were placed in a glass test tube. A four–fold excess of iodine was added and the test tube was capped. This mixture was allowed to sit overnight and then dissolved with water. The water extract was made basic and extracted with chloroform. The chloroform extract contained methamphetamine, aziridines, and some unidentified by-products. No ephedrine was detected in the extract, suggesting the consumption of ephedrine during the reaction was complete.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

VOLUME 3 NUMBER 1 — JANUARY 1993

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

EPHEDRONE SYNTHESES IN RUSSIA VLADIMIR I. SOROKIN, PH.D. Ministry of Internal Affairs of Russia Criminalistics Centre Raspletina St. 22 123060, Moscow, Russia (Editor’s Note: The Board of Directors recently extended a complimentary membership to the Association to Dr. Vladimir I. Sorokin, a researcher for the Ministry of Internal Affairs of Russia – Criminalistics Center in Moscow. In exchange for his membership, Dr. Sorokin has agreed to supply the Journal with information on clandestine drug laboratories and drug trends in Russia.) Ephedrone (methcathinone) is one of the most widely used synthetic drugs in Russia. Ephedrone is usually produced from drugs containing ephedrine sold in drug stores such as aqueous solutions of ephedrine hydrochloride (concentration of 1–5%); the ointment “Sunoref’ and “Broncholytin” from Bulgaria; “Solutan,” an aqueous solution from Czechoslovakia; and “Teophedrine” tablets. Ephedrone is usually made by drug addicts at home and is used immediately after manufacturing. If the chemist uses an aqueous solution of ephedrine hydrochloride, they add 4–5 drops of acetic acid and about 0.2–0.3 g of potassium permanganate to about 4–5 ml of the ephedrine solution. The mixture is heated to a temperature of 60°C until the precipitation of the grayish– brown sediment of manganese dioxide. After the mixture is cooled, it is filtered through a cotton swab wound on a hypodermic needle and the solution is injected intravenously. The resulting product is a colorless to slightly yellow solution with

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the smell of either bitter almonds or of acetic acid. Thus, the process of ephedrone manufacturing is very simple, taking not more than 10–12 minutes. Besides the ephedrone, there are also inorganic salts present in the mixture. An examination of the liquid containing ephedrone and non– reacted ephedrine is found to contain benzoic acid and l-phenoxy-propane-l ,2-dione. These two substances are formed in the oxidation of the ephedrine in potassium permanganate. To produce ephedrone from ephedrine containing substances it is necessary to perform a separation of the ephedrine as a preliminary step. For example, ephedrine can be extracted from “Solutan” and “Broncholytin” ointments with benzene from the base. It is separated from the benzene by extracting with a solution of hydrochloric acid. The pills “Teophedrine” are powdered and the ephedrine separated by sublimation. In August 1992, there was a seizure of relatively pure ephedrone in the form of a white crystalline powder. The examination showed that ephedrine was not present in the sample, but propiophenone was identified. The ephedrone was probably produced using the recipe found in the Journal of Applied Chemistry (Journal Prakticheskaya Khimiya), Number 35, 1962, pp. 1364-1367. This journal can be borrowed in practically every chemical library in Russia. According to this recipe, crystalline ephedrone can be manufactured from propiophenone, bromine and methylamine.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

SYNTHESIS OF PHENYLACETIC ACID VIA MANDELIC ACID RANDAL S. JOHNSON, BS AND ROGER S. SCHNEIDER, BS AZ DPS Crime Lab 2310 N. 20th Ave. Phoenix, AZ 85005

INTRODUCTION In February of 1992, the Arizona Department of Public Safety and the Phoenix Police Department raided a clandestine laboratory suspected of making phenyl-2-propanone and methamphetamine. However, laboratory analysis of the reaction product showed it to be phenylacetic acid. A review of the notes and chemicals found at the clandestine laboratory suggested that mandelic acid (α-hydroxyphenylacetic acid) was being converted to phenylacetic acid using phosphoric acid, red phosphorus, potassium iodide and water (Fig. 1). A laboratory experiment was conducted to verify this reaction.

1. H3PO4 2. KI 3. P 4. H2O

O OH

O

heat

OH

OH Mandelic acid (α-hydroxyphenylacetic acid)

Phenylacetic acid

Fig. 1. Mandelic acide reduction to phenylacetic acid

EXPERIMENTAL The gas chromatography/mass spectrometry (GC/MS) examination was performed on a HP-5890 gas chromatograph (GC) utilizing a HP-5970 mass selective detector. The GC was operated in the split mode using a 12.5 m x 0.2 mm I.D. fused silica capillary column coated with 5% phenylmethyl silicone (0.11 µm film thickness). The oven temperature program was as follows: initial temperature, 100°C; initial hold, 1 mm.; temperature program rate, 25°C/min; final temperature, 270°C; final hold 2.2 min. Infrared spectra were obtained on an Analect RFX-30 Fourier transform infrared spectrophotometer (FTIR) using a DTGS detector. The sample was ground with potassium bromide for FTIR examination The potassium iodide, phosphoric acid, red phosphorus, sodium bisulfite and sodium sulfate were all reagent grade. The water was deionized. The mandelic acid was purchased as the racemate at 98% from Mallinckrodt. A 10 g sample of mandelic acid was combined with 1.38 g of

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potassium iodide and 4 g of red phosphorus in 47 ml of phosphoric acid and 6.7 ml of water. The mixture was refluxed for six hours. When the reaction was complete, the hot reaction solution was vacuum filtered to remove the excess phosphorus. The reaction solution was extracted with ether. The ether solution was decolorized with a dilute sodium bisulfite solution, dried over sodium sulfate, evaporated and desiccated.

RESULTS AND DISCUSSION The finished product obtained from the mandelic acid reduction experiment was identified as phenylacetic acid (8.03 g, 89.7% of theoretical; literature reported yield as 90% of theoretical). GC/MS analysis showed the phenylacetic acid to be free of any unreacted mandelic acid or reaction by-products (Fig. 2). A direct FTIR spectra (Fig. 3) was also obtained. Spectra of a mandelic acid standard were obtained by GC/MS and FTIR for comparative purposes (Figs. 4-6). The mass spectra generated using methanol and ethyl ether as solvents did not give an exact match with reference spectra of mandelic acid. A match was achieved when mandelic acid was run using a direct insertion probe (Fig. 7). Upon verification of the clandestine laboratory notes, a literature search was conducted to determine a possible reference for the mandelic acid reduction. The literature indicated that Miescher and Billeter had previously reported this reaction [1]. Comparing this reference with the clandestine laboratory notes showed several similarities. Most notable were the amounts of reagents used and the reaction time (Table 1) which were multiples of the original literature.

CONCLUSION With tightening controls being placed on precursor chemicals, clandestine laboratory operators will be looking for alternative methods to synthesize recently controlled chemicals. Should phenylacetic acid become a controlled precursor, the reduction of mandelic acid presents an easy, efficient way to bypass purchasing phenylacetic acid.

REFERENCE 1.

K. Miescher and J.R. Billeter, “Reduction with Phosphorus in the Presence of Iodine or Hydriodic Acid as Catalyst,” Helv. Chim. Acta, Volume 22, 1939, pp. 601-610. CA 33:6276 (1939).

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SERIAL DRY EXTRACTION OF ILLICIT METHAMPHETAMINE POWDERS FOR THE IDENTIFICATION OF ADULTERANTS AND DILUENTS BY INFRARED SPECTROSCOPY ROGER A. ELY, BA DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 Street level samples of illicit methamphetamine are powders commonly containing nicotinamide, ephedrine, and/or carbohydrates. An extraction of these samples into chloroform or methylene chloride from a basic solution will separate the alkaloids from the carbohydrates and allow identification of the mixture by gas chromatography / mass spectrometry (GC/MS). The technique presented is a serial extraction of a quantity of illicit powder with solvents of increasing polarity to selectively remove and collect each component. The fractionated component is suitable for examination by infrared spectroscopy (IR). With practice, the time to perform the extraction and examine the fractions by IR may be less than the time for a GC/MS examination.

DISCUSSION Methamphetamine powders commonly seized by enforcement personnel vary considerably in purity and matrix depending on the level of the violator. As enforcement gets closer to the source, e.g., the clandestine laboratory operator, the methamphetamine powder is generally of high purity. This high purity makes for a relatively simple task of identifying the powder and any matrix materials. As the powder approaches the typical street level user, however, it often contains adulterants and diluents that make the identification of methamphetamine potentially more difficult. It is often desirable to identify the adulterants and diluents for intelligence purposes. Some analysts are reluctant to report an identification of methamphetamine via GC/MS because of the lack of rich detail in the fragmentation pattern of the low molecular weight amine. An ideal method for the identification of these components is infrared spectroscopy. However, due to similar solubilities of many of the components in liquid-liquid extractions, this method inherently requires more sample manipulation and handling than the GC/MS method. The method described here is a serial extraction of ca. 200 mg of powder suspected to contain methamphetamine. The procedure is quick and provides sufficiently pure material for IR examination and optical isomer determination.

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PROCEDURE Materials: acetone chloroform methanol petroleum ether (35-60°C) or hexane cotton pipette bulb 5.25” disposable Pasteur pipettes 25-50 ml Pyrex beakers, 3 ea. Vacuum filter flask with 1 hole stopper (the hole should allow support for the Pasteur pipette)

SAMPLE PREPARATION A disposable Pasteur pipette is plugged with ca. 0.25 inches of clean cotton to create a filter column. Approximately 200 mg of the illicit powder is added to the column and allowed to sit loosely on top of the column. The column, containing the original powder sample, will be referred to as the SAMPLE COLUMN throughout the procedure. First Extraction, Acetone (Target compounds: nicotinamide, neutral reaction by-products) To the SAMPLE COLUMN is added ca. 1 ml of acetone. With the pipette bulb over the top of the pipette, air is drawn into the pipette gently to agitate the solvent/powder slurry. This affords a more vigorous extraction of the powder than simply allowing the solvent to rinse through the powder. The acetone is then forced out of the SAMPLE COLUMN and collected in a small beaker. Repeat the procedure with a second 1 ml portion of acetone. Add ca. 3-5 ml of petroleum ether or hexane to the collected ACETONE FRACTION. If nicotinamide is present, the solution will become turbid. Swirl the beaker several times and let it sit. Continue to swirl the beaker at two–three minute intervals until the nicotinamide precipitates from solution. The nicotinamide may be collected by transferring the slurry to a filter column (Pasteur pipette and cotton plug) sitting in the vacuum filter flask. The dried powder is removed, ground with KBr, pressed, and examined using IR. If the extracted acetone solution turns only slightly cloudy, nicotinamide is probably not present. The very slight turbidity is due to a small amount of methamphetamine soluble in the acetone. If used on powders from a clandestine laboratory, this sample will be rich in neutral by-products such as P2P, dibenzylketone, Perkin products [1], and substituted naphtha-

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION lenes [2]. This fraction can be worked up for GC/MS examination as follows: 1. Evaporate the sample to dryness. Redissolve in ca. 2 ml of methylene chloride. 2. Wash the methylene chloride once with 0.2 N H2SO4. Discard the acid fraction. 3. Dry the organic fraction with sodium sulfate, and reduce volume to near dryness. 4. Examine the residue via GC/MS. The SAMPLE COLUMN can be dried by placing it in a onehole stoppered vacuum flask and applying a vacuum. Second Extraction, Chloroform (Target compound - methamphetamine) Wash the dried SAMPLE COLUMN with ca. 1 ml of chloroform (do not use methylene chloride). Agitate the extraction with a pipette bulb as above, and collect the fraction in a clean 25-50 ml beaker. Repeat the extraction procedure with a second 1 ml portion of chloroform. To the collected fractions of chloroform add 3-5 ml of petroleum ether or hexane. The solution will become turbid. Swirl the beaker several times and let sit. Continue to swirl the beaker at two–three minute intervals until the turbidity clears and the methamphetamine has precipitated to the bottom. Transfer the slurry to a clean filter pipette sitting on the vacuum filter flask. Depending on the amount of nicotinamide in the sample, it is possible the methamphetamine powder at this stage is still contaminated with nicotinamide. As a precaution, wash the collected methamphetamine powder in the filter pipette with 2-3 ml of acetone under vacuum. The dried methamphetamine powder is mixed with KBr and examined using IR. The residual methamphetamine can be examined by polarized light microscopy (PLM) and gold chloride in phosphoric acid to determine whether the methamphetamine is racemic. If a single isomer is observed, the residual powder can be derivatized with an optically active acid chloride and examined by GC [3]. Dry the SAMPLE COLUMN as above. Third Extraction, Methanol (Target compound - ephedrine) Wash the dried SAMPLE COLUMN with ca. 1 ml of methanol. Attach the pipette bulb and agitate the solution as above.

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Collect the methanol fraction in a beaker, and repeat the extraction with a second 1 ml portion of methanol. Collect the second methanol fraction. The methanol fractions are evaporated on a hot–water bath or under a hot–air gun. The residue powder is examined by IR. If ephedrine is identified, the remainder of the powder can be used to determine its optical isomer. Dry the SAMPLE COLUMN as above. Insolubles (Target compounds - carbohydrates) The dried SAMPLE COLUMN is examined for powder residue. If any is observed, it can be loosened from the cotton filter by tapping on the side wall of the pipette. This powder is examined by IR.

CONCLUSION The serial dry extraction of illicit methamphetamine powders allows the analyst to obtain a wealth of information about the sample using ca 200 mg of powder. The procedure provides powder of sufficient purity for identification using infrared spectroscopy. In addition, portions of the extracts not used for IR can be subjected to further tests for synthetic reaction byproducts and optical isomer determination. The technique has been successful in isolating methamphetamine (9% by weight) for IR examination from powders heavily adulterated with nicotinamide and ephedrine. While it is possible for another adulterant or drug substance to co-elute with the methamphetamine during the chloroform extraction, none have been encountered.

REFERENCES 1.

2. 3.

A.C. Allen, M.L. Stevenson, S.M. Nakamura, and R.A. Ely, “Differentiation of Illicit Phenyl-2-propanone Synthesized from Phenylacetic Acid with Acetic Anhydride Versus Lead (II) Acetate,” Journal of Forensic Sciences, Volume 37, Number 1, 1992, pp. 30 1-322. T.S. Cantrell, B. John, and A.C. Allen, “A Study of Impurities Found in Methamphetamine Synthesized from Ephedrine,” Forensic Science International, Volume 39, 1988, pp. 39-53. T. McKibben, “Separation and Identification of Drug Enantiomers via N-TFA-(S)-Prolyl Chloride Derivatization,” Journal of the Clandestine Laboratory Investigating Chemists Association, Volume 2, Number l, 1992, pp. 13-20.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 3 NUMBER 3 - JULY 1993

IN THIS ISSUE Cocaine-Tainted Cash Faulted As Evidence ............................................................... 2 DEA Nabs 2 For Making Ultralethal Drug Fentanyl .................................................. 3 DEA Can’t Search At Chemical Company ................................................................. 4 Insurance for Drug Lab ............................................................................................... 4 Proposed Amendments to The Federal Sentencing Guidelines .................................. 5 Lab Seizures ................................................................................................................ 8 Analytical Profile of Gamma-Hydroxybutyric Acid (GHB) .................................... 10 Chris Bommarito, BS Expert Examination of MDA .................................................................................... 13 V. Sorokin, A. Beljaev, and K. Ponkratov

Association Officers President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz Space 270 Los Angeles, CA 90012 (213) 237-0041 Vice-President: Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Kenneth Fujii Contra Costa Sheriff’s Crime Lab 1122 Escobar Street Martinez, CA 94553 (510) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Executive Board Members: Terry A. Dal Cason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640

 1993 − Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions from the membership concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references where necessary. Research papers or material over one page in length is requested to be submitted on IBM computer disk (contact the Editor for more information). One of the primary goals of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a speedy manner. For more information concerning the Journal, contact the Editor.

Tim McKibben Aurora Police Dept. Crime Lab 15001 E. Alameda Aurora, CO 80012 (303) 341-8344 Max Courtney Forensic Consultant Services PO Box 11668 Fort Worth, TX 76110 (817) 870-1710

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COCAINE-TAINTED CASH FAULTED AS EVIDENCE ARTHUR S. HAYES June 2, 1993 The Wall Street Journal

Chances are pretty good that there are traces of cocaine in your wallet right now. And that’s bad news for drug prosecutors. The problem is that cocaine sticks to cash whenever money is handled by drug dealers and users. And studies show that cocaine is in such wide use nationally that a sizable percentage of paper money bears traces of it — a finding that courts are starting to cite in ruling against prosecutors. Within the past 18 months, two federal appeals courts have strongly questioned the government’s reliance on cocaine-tainted cash. And in a ruling in April, a federal trial judge said the mere presence of such cocaine traces doesn’t give officials the necessary “probably cause” to launch an extensive search for drugs or to confiscate the cash. Nancy Hollander, president of the National Association of Criminal Defense Lawyer, said, “We’re going to see more and more lawyers using these rulings in arguments to suppress evidence by challenging the validity of dog sniffs (detecting cocaine) and confiscation of cash.” The court decisions cite the findings of scientific and informal tests conducted in the late 1980’s. Some of the tests showed that more than 95% of the cash in circulation is cocaine-contaminated because residue from the drug remains long after the initial exposure. One of the studies that has proved most damaging to prosecutors was done by Sanford A. Angelos, a forensic chemist with the federal Drug Enforcement Administration’s North Central Laboratory in Chicago. The study, which the agency has dismissed as “just one man’s unscientific assessment,” concluded that a third of the samples taken from several Chicago banks and from the Federal Reserve Bank of Chicago were contaminated. The test results were reported in an undated internal DEA memo and first surfaced publicly as evidence in a trial in Los Angeles three years ago. In the memo, Mr. Angelos said the belts of the bill sorter at the reserve back was spreading the contamination to more and more cash. Mr. Angelos recommended, among other things, that “trace analysis of currency for general enforcement or seizure be stopped.” The Angelos study was recently cited by the attorney for Willie L. Jones, a Nashville landscaper who went to court to recover $9,000 that US drug agents seized from him in 1991 under the federal Racketeer Influenced and Corrupt Organizations law. As in many cash-seizure cases, Mr. Jones had been stopped at an airport while he was waiting to catch a flight. The RICO law allows the government to seize cash from people suspected of certain crimes, on the theory that the assets are related to criminal activity.

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In April, in apparently the first ruling of its kind, Judge Thomas A. Wiseman Jr. of federal court in Nashville ordered the government to return the cash to Mr. Jones. The judge said in his ruling that “the presence of trace narcotics on currency does not yield any relevant information whatsoever about the currency’s history.” Michael L. Roden, an assistant US attorney in Nashville, said no decision had been made about appealing Judge Wiseman’s ruling. The Sixth US Circuit Court of Appeals in Cincinnati also raised questions about the use of cocaine-tainted cash as evidence in a decision in January involving the seizure of $53,082. The court cited, among other studies, a test conducted four years ago by Lee Hearn, chief toxicologist for the Dade County medical examiner’s office in Miami. In a study of currency from banks in cities around the country, Mr. Hearn concluded that 97% of the bills tested positive for cocaine. The Sixth Circuit panel said that because of such tests, “a court should seriously question the value of a dog’s alert [indicating cocaine] without other persuasive evidence.” The appeals court panel threw out the seizure as unconstitutional on other grounds. The US attorney in Detroit yesterday asked the entire appeals court to review the panel’s decision. The US Court of Appeals for the District of Columbia raised similar doubts about the use of cocaine-contaminated cash as evidence in a case last year. Citing the studies, the court said the government had conducted an improper search and seizure in taking cash and other items from a traveler on a train. Prosecutors’ reliance on such evidence prompted a state appeals court in Miami to go so far as to overturn a drug-possession conviction in April. The court ruled that a cocaine-contaminated dollar bill wasn’t enough evidence to sustain a drug-possession conviction in south Florida where “cocaine can be found on much of the currency.” Prosecutors in Florida said they wouldn’t appeal the state appeals court’s reversal of the drug conviction. Theodore S. Greenberg, chief of the Justice Department’s moneylaundering section, said the recent rulings haven’t discouraged the government’s use of cocaine-tainted cash as evidence. “Yes, we’ll continue to use these techniques as is necessary in all the cases,” Greenberg said. One reason, prosecutors say, is that other evidence usually backs up seizure of cash in such cases. For instance, they argue that in many cases where currency is seized, the suspects have previous arrest records or can’t explain why they are traveling with such large amounts of case.

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DEA NABS 2 FOR MAKING ULTRALETHAL DRUG FENTANYL MICHAEL HEDGES February 6, 1993 Washington Times

Two men arrested in Kansas are responsible for synthesizing and distributing a drug that worked like a powerful form of heroin — and killed 126 persons in the past two years, according to the Drug Enforcement Administration. On Thursday, the agents shut down the only two known sites producing a designer drug that DEA officials called “the serial killer” of illegal narcotics. A third man — believed to be the distributor who brought the drug to the East Coast, where most of its victims died — was gunned down in Massachusetts in a mysterious killing before he could be arrested. Joseph Marquardt, 47, and Phillip Houston, 45, were arrested in Wichita. Two labs were seized. One was in Mr. Marquardt’s home and the other in an industrial park in Goddard, 20 miles west of Wichita. At those sites, the men were making a chemical called fentanyl, according to the DEA. “Fentanyl is by far the most potent and deadly designer drug we’ve ever seen,” said DEA Administrator Robert C. Bonner yesterday. “This is the first time fentanyl laboratories have been located and seized.”

Barry Jamison, DEA resident agent in charge for Wichita, said the men arrested in Kansas are “highly skilled” in chemistry. “I don’t know what formal training they had, but we’re obviously dealing with intelligent individuals.” He described Mr. Marquardt as the central figure in the drug manufacturing ring. In 1978, Mr. Marquardt was arrested in Oklahoma for manufacturing a drug he told a Tulsa World reporter would have “spectacular effects” on users. Then 32, Mr. Marquardt bragged he had been using drugs since he was 12 and making them since he was 16, according to the Tulsa World. He told the newspaper he started using hallucinogenic drugs as a 12-year-old after he saw an anti-drug school film in which a mouse given LSD was chasing a cat. He soon graduated to making drugs, and by 1978 was a self-described “genius” in creating the compounds, the Tulsa World said. He was arrested in Oklahoma for concocting chemical hallucinogens in the late 1970s.

The probe leading to the arrests this week began in Boston and New York, according to DEA officials.

DEA officials said that after the fentanyl was made in Kansas and brought east, primarily by a 40-year-old Boston man named Christopher Moscatiello. DEA agents in Boston were preparing to arrest him Thursday when they got a Massachusetts State Police report saying he was murdered the previous day. A probe into his death is ongoing, officials said.

For the past two years, from Boston to Baltimore, people were dying in clusters from drug overdoses traced to fentanyl. Twenty-eight persons died from the drug in Baltimore last year. In August, Pittsburgh officials reported 21 deaths linked to it. There were 35 deaths in Philadelphia during a period of several months. In addition, there were hundreds of nonfatal overdoses logged at hospitals in East Coast cities.

Federal drug enforcement officers wore hazardous-materials suits and gas masks to remove the highly toxic chemicals from Mr. Marquardt’s home and an aluminum industrial building in the small town of Goddard. Fentanyl, injected into the bloodstream, provides a powerful narcotic effect, according to officials. It was described by Mr. Jamison as 400 times more potent than heroin.

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DEA CAN’T SEARCH AT CHEMICAL COMPANY SETH ROSENFELD May 9, 1993 San Francisco Examiner

A federal judge has ruled that the DEA has gone too far in the war on drugs and ordered it to stop randomly searching customers of a Bay Area chemical company in what he called “pure harassment.” In a stern order, US District Judge Charles Legge in San Francisco issued a temporary order barring the DEA from routinely stopping, questioning and searching virtually all people leaving Chemical for Research and Industry in Emeryville. The DEA searches were a “roundup” and constituted “fundamental constitutional violations,” he said, adding there is a “high probability” the firm will prevail at a later trial. Legge said that while he sympathizes with the DEA’s efforts to fight drugs, the agency still needs specific evidence of a crime before stopping and searching citizens. Merely buying chemicals at the firm is not enough, he said.

The DEA says the firm’s chemicals are often used illegally to make the powerful stimulant methamphetamine. The agency began searches in late 1991 and continued until the company filed suit in March. Evidence showed the DEA had violated the constitutional right of hundreds of customers to be free from unreasonable search and seizure as well as the company’s right to earn a legitimate livelihood, the judge ruled Friday. He added that he was tempted to go beyond the company’s request for a halt to random searches and to order the DEA to keep its cars out of the neighborhood altogether until it had specific evidence. The company, which sells chemicals for a wide range of industrial uses, say the searches interfered with innocent people and caused it to lose half its business. Tom Steel, the firm’s lawyer, praised the ruling, adding that the company “is a legitimate business with a wide range of legal customers. The DEA’s tactics amounted to a dragnet.” US Attorney John Mendez declined to comment.

INSURANCE FOR DRUG LAB ARTHUR S. HAYES June 2, 1993 The Wall Street Journal Oregon’s highest court let stand a ruling that requires insurers to pay for property damage caused by the making of methamphetamine in homes used as illegal drug laboratories. The case, similar to four others in Oregon, arose after a rental property was used as a makeshift drug lab. The property owner asked the insurer to pay for cleanup of chemical residue on wall, furniture, and floors. A lower court said the residue wasn’t “contamination,” which would have been excluded from standard coverage. The homeowner eventually was awarded $56,000 to pay for the cleanup. More alarming to

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insurers, the court said contamination stemming from a sudden event, rather than gradual damage, generally must be covered. State Farm Fire and Casualty Co., the defendant in the case, warned that the ruling also could affect claims arising from storage-tank leaks, pesticide application and the airborne release of asbestos. The Insurance Environment Litigation Association, a trade group representing 19 insurers, filed a brief opposing the lower court’s ruling. (Jack Largent vs. State Farm, Oregon Supreme Court, SC S39984)

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PROPOSED AMENDMENTS TO THE FEDERAL SENTENCING GUIDELINES The following are proposed amendments to the US Federal Sentencing Guidelines relating to sentences as a result of conviction of a drug crime.

AMENDMENT 12 §2D1.1

AMENDMENT 11

Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses): Attempt or Conspiracy

Commentary §2D1.1

Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses): Attempt or Conspiracy

Application Notes: 1.

Commentary Application Notes: 16. Where (A) the amount of the controlled substance for which the defendant is accountable under §1B1.3 (Relevant Conduct) results in a base offense level greater than 36, (B) the court finds that this offense level overrepresents the defendant’s culpability in the criminal activity, and (C) the defendant qualifies for a mitigating role adjustment under §3B1.2 (Mitigating Role), a downward departure may be warranted. The court may depart to a sentence no lower than the guideline range that would have resulted if the defendant’s Chapter Two offense level had been offense level 36. Provided that a defendant is not eligible for a downward departure under this provision if the defendant: (a) has one or more prior convictions for a crime of violence or a controlled substance offense as defined in §4B1.2; (b) qualifies for an adjustment under §3B1.3 (Abuse of Position of Trust or Use of Special Skill); (c) possessed or induced another participant to use or possess a firearm in the offense; (d) had decision-making authority; (e) owned the drugs or financed any part of the offense; or (f) sold the controlled substance or played a substantial part in negotiating the terms of the sale. Reason for Amendment: In a case in which a defendant’s base offense level is greater than level 36 and the defendant had a minimal or minor role in the offense (and meets certain other qualifications), the quantity of the controlled substance for which the defendant is held accountable under §1B1.3 (Relevant Conduct) may overrepresent the defendant’s culpability in the criminal activity. To address this issue, this amendment adds an application note that authorizes a downward departure in the specific circumstances described and sets forth the authorized extent of any departure on this basis.

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“Mixture or substance” as used in this guideline has the same meaning as in 21 U.S.C. §841, except as expressly provided. Mixture or substance does not include materials that must be separated from the controlled substance before the controlled substance can be used. Examples of such materials include the fiberglass in a cocaine/fiberglass bonded suitcase, beeswax in a cocaine/beeswax statue, or waste water from an illicit laboratory used to manufacture a controlled substance. If such material cannot readily be separated from the mixture or substance that appropriately is counted in the Drug Quantity Table, the court may use any reasonable method to approximate the weight of the mixture or substance to be counted An upward departure nonetheless may be warranted when the mixture or substance counted in the Drug Quantity Table is combined with other, non-countable material in an unusually sophisticated manner in order to avoid detection.

Reason for Amendment: This amendment is designed to resolve an inter-circuit conflict regarding the meaning of the term “mixture or substance,” as used in §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking; Attempt or Conspiracy) by expressly providing that this term does not include portions of a drug mixture that have to be separated from the controlled substance before the controlled substance can be used. This issue has arisen, subsequent to the United States Supreme Court decision in Chapman v. United States, 111 S.Ct. 1919 (1991), in two types of cases. The first type of case involves a controlled substance bonded to, or suspended in, another substance (e.g., cocaine mixed with beeswax); however, the controlled substance is not usable until it is separated from the other substance. See, e.g., United States v. Mahecha-Onofre, 936 F.2d 623 (1st Cir.), cert. denied, 112 S.Ct. 648 (1991); United States v. Restrepo-Contreras, 942 F.2d 96 (1st Cir. 1991), cert. denied, 112 S.Ct. 955 (1992). The second type of case involves the waste produced from an illicit laboratory used to manufacture a controlled substance, or chemicals confiscated before the chemical processing of the controlled substance is completed. The waste product is typically water or chemicals used to either remove impurities or form a precipitate (the precipitate, in some cases, being the controlled substance). Typically, a small amount of controlled substance remains in the waste water; often this amount is too small to quantify and is listed as a trace amount (no weight given) in DEA reports. In these types of cases, the waste product is not consumable.

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The chemicals seized before the end of processing are also not usable in that form because further processing must take place before they can be used. See, e.g., United States v. Sherrod, 964 F.2d 1501 (5th Cir.), cert. denied sub nom. Cooper v. United States, 113 S.Ct. 832 (1992) (White and Blackmum, JJ., dissenting from denial of cert.), and cert. denied sub nom. United States v. Sewell, 113 S.Ct. 1367 (1993) (White and Blackmum, JJ., opinion dissenting from denial of cert.).

AMENDMENT 13

§2D1.1

Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses): Attempt or Conspiracy

Commentary Application Notes: 17. If, in a reverse sting (an operation in which a government agent sells or negotiates to sell a controlled substance to a defendant), the court finds that the government agent set a price for the controlled substance that was substantially below the market value of the controlled substance, thereby leading to the defendant’s purchase of a significantly greater quantity of the controlled substance than his available resources would have allowed him to purchase except for the artificially low price set by the government agent, a downward departure may be warranted. Reason for Amendment: This amendment adds an application note to the commentary of this section authorizing a downward departure if, in a reverse sting operation, the court finds that the government agent set a price for the controlled substance that was substantially below market value and thereby significantly inflated the quantity of controlled substance purchased by the defendant beyond the amount the defendant otherwise could have afforded.

AMENDMENT 14

§2D1.1

(c)

Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses): Attempt or Conspiracy DRUG QUANTITY TABLE

In the case of LSD on a carrier medium (e.g., a sheet of blotter paper), do not use the weight of the LSD/carrier medium. Instead, treat each dose of LSD on the carrier medium as equal to 0.4 mg of LSD for the purposes of the Drug Quantity Table.

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Commentary Application Notes: 18. LSD on blotter paper carrier medium typically is marked so that the number of doses (“hits”) per sheet readily can be determined. When this is not the case, it is to be presumed that each 1/4 inch by 1/4 inch section of the blotter paper is equal to one dose. In case of liquid LSD (LSD that has not been placed onto a carrier medium), using the weight of the LSD alone to calculate the offense level may not adequately reflect the seriousness of the offense. In such a case, an upward departure may be warranted. Background: Because the weights of LSD carrier media vary widely and typically far exceed the weight of the controlled substance itself, the Commission has determined that basing offense levels on the entire weight of the LSD and carrier medium would produce unwarranted disparity among offenses involving the same quantity of actual LSD (but different carrier weights), as well as sentences disproportionate to those for other, more dangerous controlled substances, such as PCP. Consequently, in cases involving LSD contained in a carrier medium, the Commission has established a weight per dose of 0.4 mg for purposes of determining the base offense level. The dosage weight of LSD selected exceeds the Drug Enforcement Administration’s standard dosage unit for LSD of 0.05 mg (i.e., the quantity of actual LSD per dose) in order to assign some weight to the carrier medium. Because LSD typically is marketed and consumed orally on a carrier medium, the inclusion of some weight attributable to the carrier medium recognizes (A) that offense levels for most other controlled substances are based upon the weight of the mixture containing the controlled substance without regard to purity, and (B) the decision in Chapman v. United States, 111 S.Ct. 1919 (1991) (holding that the term “mixture or substance” in 21 U.S.C. § 841(b)(1) includes the carrier medium in which LSD is absorbed). At the same time, the weight per dose selected is less than the weight per dose that would equate the offense level for LSD on a carrier medium with that for the same number of doses of PCP, a controlled substance that comparative assessments indicate is more likely to induce violent acts and ancillary crime than LSD. (Treating LSD on a carrier medium as weighing 0.5 milligram per dose would produce offense levels equivalent to those for PCP.) Thus, the approach decided upon by the Commission will harmonize offense levels for LSD offenses with those for other controlled substances and avoid an undue influence of varied carrier weight on the applicable offense level. Nonetheless, this approach does not override the applicability of “mixture or substance” for the purpose of applying any mandatory minimum sentence (see Chapman; §5G1.1(b)). Reason for Amendment: The Commission has found that the weights of LSD carrier media vary widely and typically far exceed the weight of the controlled substance itself (e.g., LSD is typically placed on blotter paper which generally weighs from 5 to 10 milligrams per dose; the weight of the LSD itself per dose is generally from 0.02 to 0.08 milligrams; the Drug Enforcement Administration describes a standard dose of LSD as containing 0.05 milligrams of LSD). As a result, basing

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the offense level on the entire weight of the LSD and carrier medium produces unwarranted disparity among offenses involving the same quantity of actual LSD but different carrier weights, as well as sentences that are disproportionate to those for other, more dangerous controlled substances, such as PCP, heroin, and cocaine. Under the guidelines prior to the amendment, for example, 100 grams of heroin or 500 grams of cocaine (weights that correspond to several thousand dosage units, the number depending on the purity) result in the same offense level as 125 doses of LSD on blotter paper (which has an average weight of 8 milligrams per dose) or 1 dose of LSD on a sugar cube (2000 milligrams per dose.) Consequently, in cases involving LSD contained in a carrier medium, this amendment establishes a weight per dose of 0.4 milligram to be used for purposes of determining the base offense level. The dosage weight of LSD selected by the Commission exceeds the Drug Enforcement Administration’s standard dosage unit of 0.05 milligram (i.e., the quantity of actual LSD per dose) in order to assign some weight to the carrier medium. Because LSD typically is marketed and consumed orally on a carrier medium, the inclusion of some weight attributable to the carrier medium recognizes (A) that offense levels for most other controlled substances are based upon the weight of the mixture containing the controlled substance without regard to purity, and (B) the decision in Chapman v. United States, 111 S.Ct. 1919 (1991) (holding that the term “mixture or substance” in 21 U.S.C. § 841(b)(1) includes the carrier medium in which LSD is absorbed). At the same time, the weight per dose selected is less than the weight per dose that would equate the offense level for LSD on a carrier medium with that for the same number of doses of PCP, a controlled substance that comparative assessments indicate is more likely to induce violent acts and ancillary crime than LSD. Treating LSD on a carrier medium as weighing 0.5 milligram per dose would produce offense levels equivalent to those for PCP (for example, 2000 doses of LSD at 0.5 milligram per dose equals 1 gram of LSD - corresponding to the lower limit of offense level 26; similarly, 2000 doses of PCP at 5 milligrams per dose, the standard amount of actual PCP in a dose, equals 10 grams of actual PCP -

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corresponding to the lower limit of offense level 26). Thus, the approach decided upon by the Commission will harmonize offense levels for LSD offenses with those for other controlled substances and avoid an undue influence of varied carrier weight on the applicable offense level. Nonetheless, this approach does not override the applicability of “mixture or substance” for the purpose of applying any mandatory minimum sentence (see Chapman; §5G1.1(b)).

AMENDMENT 15

§2D1.1

(c)

Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses): Attempt or Conspiracy DRUG QUANTITY TABLE

“Cocaine base,” for the purposes of this guideline, means “crack.” “Crack” is the street name for a form of cocaine base, usually prepared by processing cocaine hydrochloride and sodium bicarbonate, and usually appearing in a lumpy, rocklike form. Reason for Amendment: This amendment provides that, for purposes of the guidelines, “cocaine base” means “crack.” The amendment addresses an inter-circuit conflict. Compare, e.g., United States v. Shaw, 936 F.2d 412 (9th Cir. 1991) (cocaine base means crack) with United States v. Jackson, 936 F.2d 158 (2d Cir), cert. denied, 113 S.Ct. 664 (1992) (cocaine base has a scientific, chemical definition that is more inclusive than crack). Under this amendment, forms of cocaine base other than crack (e.g., coca paste, and intermediate step in the processing of coca leaves into cocaine hydrochloride scientifically is a base form of cocaine, but is not crack) will be treated as cocaine.

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LAB SEIZURES

NEW PHENETHYLAMINE DERIVATIVE ENCOUNTERED

COLORADO LAB SEIZURES

The Ontario Regional Laboratory of Health and Welfare Canada, located in Toronto, recently encountered an exhibit of light green odorous powder submitted as suspected methamphetamine. The exhibit was part of a 30 g seizure made in southern Ontario from an individual with motorcycle gang connections. Infrared and mass spectra indicated a new compound of molecular weight 179. A tentative identification of N-(2-hydroxyethyl)amphetamine (HEA) was confirmed by its synthesis via reductive amination of P-2-P and ethanolamine with sodium borohydride. It is unknown whether HEA was intended as a new drug, or whether the laboratory operator confused ethanolamine with ethylamine in an attempt to produce ethylamphetamine.

On June 6, 1993, DEA and local authorities seized a phenyl-2propanone laboratory in Evergreen, CO. The lab was located in an affluent mountain community and the operator was not the typical methamphetamine cook. He had an immaculate house with thousands of video movies, LPs, CDs, and books. Seized at the site were: 2.5 Kg of phenylacetonitrile, a 55 gal. drum of acetic anhydride, 30 pounds of sodium acetate, 2.5 L of sulfuric acid, 8 L of muriatic acid, lye, acetone, a 4-foot long Allihn condenser, and 2 vacuum pumps. The cook had a surveillance camera mounted to the back side of the house. Also found inside the house was a room which was dedicated solely to pornography. A copy of “The Secrets of Methamphetamine Production” was also recovered. A very strong odor of phenylacetic acid was coming from a photo lab. The lab was not operating at the time of the raid, but it appears a sizable lab had been operating due to the large quantity of empty bottles (empty phenylacetonitrile bottles labeled to contain 9 Kg). A Sons of Silence biker from the Boone, Iowa chapter was arrested near the US - Mexican border and found in his possession was a 13 page methamphetamine lab recipe. The recipe went into detail for cooking methamphetamine via the catalytic hydrogenation of ephedrine, and using the benzyl Grignard, acetaldehyde and methylamine route (Chewbaca Darth method). Found in the later route was a section describing the production of methylamine from methanol and ammonium chloride: heat 1,000 ml methanol to 175°F (80°C) add 283 grams of ammonium chloride raise heat to 215°F (101°C) for 10 minutes let cool this mixture is diluted 40% methylamine, 60% water

Judy Carpenter Health and Welfare-Canada Forensic Drug Laboratory Toronto, Ontario

FENTANYL LABORATORY SEIZED IN WICHITA, KANSAS The DEA North Central Laboratory in Chicago assisted in the seizure of a large, sophisticated clandestine fentanyl laboratory on February 3, 1993, in Wichita, Kansas. Investigators believe this clandestine laboratory to be the source of the fentanyl that was responsible for numerous fatalities in the drug user population on the East Coast. The clandestine laboratory was divided between two locations and it appears that one part of the synthesis was carried out at a residence, and another part was carried out at rented space in an industrial park. The synthesis of fentanyl was through the four-step procedure beginning with phenethylamine and methyl acrylate. This procedure requires sodium methoxide, sodium borohydride, aniline, propionic anhydride, and p-toluenesulfonic acid in addition to the phenethylamine and methyl acrylate. The operator had several journal articles referring to the synthesis of fentanyl as well as to several other drugs (e.g., methamphetamine, marijuana, PCP). Reaction mixtures with byproducts and unreacted materials were seized. Even though the analysis of these samples is continuing, precursors from each step of the synthesis have been identified. No fentanyl analogs have been identified as yet. The clandestine laboratory’s industrial park site had a functional GC/ MS, a dispersive IR (down for repair), and a non-functional NMR. All were purchased as surplus. The operator maintained the instruments and followed the complex synthesis for the fentanyl with no formal chemistry background. The estimated production capability of the laboratory is about 100 g of uncut fentanyl hydrochloride per week. Staff DEA North Central Laboratory - Chicago, IL

A recipe for the manufacture of methamphetamine using the lithium metal - liquid ammonia procedure (“Lithium-Ammonia Reduction of Ephedrine to Methamphetamine: An Unusual Clandestine Synthesis,” R.A. Ely and D.C. McGrath, Journal of Forensic Sciences, Volume 35, Number 3, 1990, pp. 720-723) was recently found in an abandoned motel room in Aurora, CO. The synthesis is a relatively easy procedure using the dissolving metal reduction of the lithium metal in condensed liquid ammonia. The method involves condensing anhydrous ammonia gas with a dry ice-acetone bath and adding lithium metal. Ephedrine base in THF is added dropwise over about 30 minutes. When all the ephedrine has been added, the flask is allowed to warm to room temperature and the excess lithium metal is decomposed with water. The THF is filtered through sodium sulfate and HCl gas is added to the THF precipitating the methamphetamine powder. Investigators should be aware of the reagents necessary for this reaction as they are not the common chemicals found at an ephedrine reduction lab. Tim McKibben Aurora PD Crime Laboratory Aurora, CO

METH LABS GONE BAD PAGE 8

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Just like some people’s kids, some people’s clandestine methamphetamine drug labs go bad, too — the reaction mixture, that is. Such was the case recently at two separate scenes to which CA State DOJ, Fresno Regional laboratory personnel responded. Both scenes fit the Mexican National “mope dope” clandestine laboratory profile with many 22-liter reflux reactions played out here in Central California almost two dozen times in the last dozen months. With one apparently significant exception, the usual characteristics were present: a remote secluded rural location (usually an orchard); condenserless 22-liter round bottom flasks mounted in Glas-Col brand heating mantels; 50-liter plastic drums used as separatory funnels; compressed HCl gas cylinders often stamped CFRI (Chemical For Research and Industry); abundant red phosphorous; numerous containers of freon; and an investigation leading to Southern California and Mexican National operatives. The significant exception in both of theses cases turned out to be hydriodic acid. Despite obtaining all the other essential equipment and chemicals to produce approximately 50 pounds of methamphetamine, these individuals did not have hydriodic acid. They attempted to convert ephedrine using the red phosphorus procedure, but failed. The first scene, seized in April, was examined several hours after heat was removed from the reaction flasks. The contents were frozen in a stratified crystalline mass in six separate 22-liter flasks. Approximately 12 to 15 pounds of ephedrine was estimated to be in each flask. No methamphetamine or iodine was identified. An abundance of ephedroxane compounds and ephedrine were present. No hydriodic acid was found on the premises; however, the reaction mixtures were highly acidic. No identification of chloride or hydrogen chloride in the reaction mixture has been completed as of this time. The second scene occurred in June about 50 miles north of Fresno. The reaction mixtures were found actively refluxing. Upon removing heat from them, crystallization occurred before they were cool to the touch. The crystals formed were large and roughly textured, and had a very dirty light-brown appearance. No methamphetamine or iodine was

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detected in samples from this scene. Controls on hydriodic acid sales in California were tightened at the beginning of 1993. As of yet, we have not encountered anyone in the service area of the Fresno Regional laboratory who is manufacturing their own hydriodic acid. Jerry Massetti and Mark Kalchik CA DOJ Crime Laboratory - Fresno, CA

STATE OF NEVADA CONTROLS HYDRIODIC ACID The Nevada State Board of Pharmacy has placed hydriodic acid, an essential chemical in the manufacture of methamphetamine, as a Schedule III controlled substance effective June 18, 1993. This control is temporary pending a final hearing on the scheduling on August 12, 1993. It is expected the Board of Pharmacy will adopt the proposal permanently on that day. The scheduling section, in part, states: Nevada Administrative Code 453.530 is hereby amended to read as follows: 6. Except as otherwise provided in subsection 7, 8 and 9 or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of ephedrine [or] N-methylephedrine, their optical isomers, salts and salts of optical isomers, hydriodic acid or hydrogen iodide gas, are as immediate precursors controlled, the control of which is necessary to prevent, curtail, or limit the manufacture of controlled substances methamphetamine and N,N-dimethylamphetamine. Keith McDonald NV Board of Pharmacy

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ANALYTICAL PROFILE OF GAMMA-HYDROXYBUTYRIC ACID (GHB) CHRISTOPHER BOMMARITO, B.S. Michigan State Police East Lansing Laboratory 714 South Harrison Road East Lansing, MI 48823

In recent months the media has given some attention to a “new” drug called GHB or Gamma-Hydroxybutyric Acid. GHB is a central nervous system depressant whose proposed medical use is as a anti-narcoleptic drug. It has investigational new drug (IND) status for this use [1]. Until recently, it has been available in health food stores as a “Steroid Alternative” as it is alleged to increase the production of human growth hormone. FDA has since cracked down on it’s sale through these sources and sales of the drug have been forced underground. Recent reports indicate that GHB use has spread from the bodybuilding crowd to the “rave” nightclub scene on both coasts. It has been sold as either a “smartdrug” or as “Ecstasy” (MDMA) in these clubs and users report highs similar to a wide range of drugs from marihuana to stimulants to methaqualone and valium [2]. Typical oral doses range from one to thirty grams, with “one teaspoon” being the most common. It is commonly used in conjunction with alcohol and/or other drugs. Reported side effects include pressured speech, twitching, confusion, headache, nausea, shaking, pupil constriction and seizures [3]. It is being considered for Federal scheduling as a depressant. GHB is found naturally in the central nervous system and is thought to act as a neurotransmitter. It is chemically similar to the neurotransmitter Gamma-Aminobutric Acid (GABA) which mediates inhibitory actions in the brain.

H

O

H

O O

H

Loss of water

H H

O

O

O O

H rearrangement O

H

N

H

O O

H

GHB (mass = 104)

Butyrolactone ( mass = 86)

H

H

GHB

GABA

GHB is known to inhibit presynaptic release of dopamine [4]; however, it’s effects appear to be dose related. In small doses, GHB has been shown to increase the firing rate of dopaminergic neurons with the effect being an overall stimulant effect. High doses inhibit the firing of these neurons almost completely, causing a sedative effect [5]. Even in these higher doses, the initial effect would be a brief period of stimulation as dopamine is retained in the synapse until self-adjustment of dopamine levels results in an overall decrease [6]. The reported “high” created by GHB is likely due to the a combination of moderation of the dopamine levels and the toxic effects of the high dosage levels of the drug. Lack of inhibition due to the depressant effects of the drug may also contribute to the “high”. It is rumored that GHB is sometimes mixed with a small amount of LSD or MDMA to garner an hallucinogenic effect. To my knowledge, these rumors have yet to be substantiated in an actual street sample.

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Once in solution, GHB readily dissociates into Butyrolactone (GHB Lactone). Water is lost from the molecule followed by formation into a five membered ring. Butyrolactone is an oily liquid and can be isolated by simply drying the sample or by column chromatography. GHB sodium salt was prepared from the lactone by the addition of a drop of concentrated sodium hydroxide to GHB lactone in ethanol.

H

Na H

Because of the carboxylic acid portion of the GHB molecule, halide salt formation is difficult and thus GHB is distributed as the sodium salt. This salt is soluble in water and alcohols; slightly soluble in acetonitrile and ethyl acetate; and insoluble in pet ether, ethyl ether, chloroform and methylene chloride. Common color tests, as expected, are unremarkable. No visible reaction is noted with cobalt thiocyanate, Marquis, Meckes, Mayers or Wagners reagents. It gives a purple color with the cobalt acetate portion of the Dillie-Koppanyi reagent which disappears on the addition of the amine portion. It also gives a brown color when aqueous ferric chloride is added to GHB in alcohol.

Because of the small molecular weight and lack of ring structure, instrumental analysis of GHB is best accomplished by infrared spectrophotometry. An IR spectrum of the sodium salt of GHB is attached. Gas chromatography-mass spectrometry was also performed on the standard. Three milligrams of the sodium salt of GHB was diluted in three milliliters of methanol and injected into a Hewlett Packard GC equipped with a 30 meter DB-5 column (0.32mm I.D.) connected to a VG-TRIO mass spectrometer. The oven temperature was kept isothermal at 50 degrees which allowed GHB to elute at 3.7 minutes. The resultant mass spectrum is attached. The molecular ion (m/z 104) is not present because of the instability of the compound. With the loss of water, the highest major m/z is at 86. Ions at m/z 56 and 42 represent straight-chain aldehydes with three and two carbons, respectively. FDA has published methods for the silylation of GHB with BSTFA [7]. No mass spectra of the derivative was included in this publication as it’s purpose was solely for quantitation. Silylation of a sodium salt standard of GHB was performed similarly by mixing 100 ng GHB to

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50 µl of BSTFA. w/ TMCS in a micro-reaction vessel. After allowing time for the BSTFA to contact all of the GHB, 100 µl acetonitrile was added. The reaction vessel was then capped and heated at 45 degrees for ten minutes in a water bath. One microliter of the mixture was then examined by GC-MS. A mass spectrum of this trimethylsilyl derivative is also attached. The expected molecular ion (m/z=248) is not present in any substantial abundance, thus this method has little potential for qualitative analysis. Analysis of GHB should be easily accomplished by IR spectrophotometry. The high doses required in the use of the drug probably precludes the use of diluents or excipients with GHB, but care should be taken to exclude other drugs (such as LSD) in a street sample. References

2. Chin MY, Kreutzer RA and Dyer JE: “Acute Poisoning From Gamma-Hydroxybutyrate in California,” The Western Journal of Medicine, April 1992- Volume 156, No. 4, Pages 380-384. 3. Dyer JE: “Gamma-Hydroxybutyrate: A Health-Food Product Producing Coma and Seizure-like Activity,” American Journal of Emergency Medicine, July 1991- Volume 9, No. 4, Pages 321-324. 4. Goodman and Gilman’s Pharmacological Basis of Therapeutics, Eighth Edition, 1990, Pages 255-261. 5. Diana M, Mereu G, Mura A, Fadda F, Passino N and Gessa G: “Low Doses of Gamma-Hydroxybutyric Acid Stimulate the Firing Rate of Dopaminergic Neurons in Unanesthetized Rats,” Brain Research, December 6, 1991, Pages 208-211. 6. Lindley SA, MD PHD. Personal Communication 4/17/93. 7. Johnson RE and Bussey JL, “Assay Procedure for the Sodium Salt of Gamma Hydroxybutyric Acid,” FDA Laboratory Information Bulletin, No. 3532.

1. Journal of the American Medical Association, April 10, 1991, Volume 265, No. 14, Page 1802.

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EXPERT EXAMINATION OF MDA V. SOROKIN, A. BELJAEV, AND K. PONKRATOV Forensic Science Center Russian Ministry of the Interior Raspletina Street 22 123060 Moscow, Russia

INTRODUCTION In November 1992 in the town of Oljane, Latvia (a former Soviet Union Republic) local police forces in cooperation with Interpool officers busted a criminal group at the State pharmaceutical plant “Latbiopharm.” The group had set up the manufacturing of the narcotic drug 3,4-methylenedioxyamphetamine (MDA). In only a few months they managed to produce about 2.5 tons of this drug. As a raw material, they used isosafrole. The synthesis ran according to the scheme in Figure 1. At the stage of producing MDA from 1-(3,4-methylenedioxyphenyl)2-propanone, a mixture of gaseous hydrogen and ammonia in methanol with Raney-Nickel catalyst was reduced under 1.5 MPa of pressure. The resulting product was purified by topping under a vacuum. 3,4-Methylenedioxyamphetamine was produced in the form of white pills, with the diameter of 8 mm, a thickness of 6 mm and the weight of 300 mg. During the search a large number of pills and intermediate product of the MDA synthesis was found. The seized pills and liquids

CH3

O H2C

HCOOH H2O2

were examined with the methods of quantitative color test, thin-layer chromatography (TLC), gas chromatography (GC), and infrared spectroscopy (IR).

THE OBJECTS OF EXAMINATION 1. The pills of white color with the weight of 300 mg, a diameter of 8 mm and a thickness of 6 mm 2. Light brown, transparent liquid 3. Colorless, transparent liquid with the smell of anise

EXAMINATION The pill was powdered in a mortar, then a drop of Marquis reagent was added to 10 mg of the powder. This procedure brought about the change of the Marquis reagent color from violet to black. One milliliter of ethanol was added to 100 mg of the powdered pill and the mixture brought to a boiling. Three microliters of the resultant extract was

CH3

O H2C

O

H2O

O

O

H2SO4 CH3OH

Isosafrole CH3

O H2C O

H2, NH3 catalyst P = 1.5 MPa

O

1-(3,4-methylenedioxyphenyl)-2-propanone

HCl

H2C

O Figure 1.

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NH2

O

3,4-methylenedioxyamphetamine CH

O H2C

CH3

O

3

NH

. HCl

2

3,4-methylenedioxyamphetamine HCl

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applied to the TLC plate (Merck HPTLC, 60, F254) and run in the system toluene-ethanol-triethylamine (9:1:1). The plate was developed by the Marquis reagent. Gas chromatography was performed on a Hewlett-Packard model 5890 series II GC with flame ionization detector (FID) and a 12 m x 0.2 mm diameter methyl silicone quartz capillary column (HewlettPackard Ultra-1). One microliter of the pill extract was chromatographed. The following conditions were used: injector temperature: detector temperature: temperature program: carrier gas: split:

275°C 290°C start ............... 100°C rate ................ 10°C/min final ............... 280°C nitrogen 1:55

For IR spectrometry, the pills were ground to powder in a porcelain mortar. One milliliter of water was added to 50 mg of the powder, the 4 drops of a water solution of ammonia and 1 ml of chloroform. After intensive mixing, the liquid was allowed to separate. After the separation, the bottom organic layer was removed and run though a “Diapac” column filled with silica gel. The cartridge was first washed with 2 ml of chloroform, followed by 2 ml of methanol. The last 1.5 ml of methanol was added drop by drop on the crystal from KRS-5, drying after each drop. The resultant thin layer of oily substance was dried again in a drier at 60°C. The IR spectrum was recorded using a PerkinElmer model 1760 FTIR from 4000 to 400 cm-1. The resolution was 4 cm-1, the amplification was 1, and the number of scans was 200. The resultant spectrum is shown in Figure 2. The liquids were placed between two pills of kalium bromide and examined by IR using the same conditions as for the pill. The spectrum

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for the colorless, transparent liquid is shown in Figure 3, and the spectrum for the light, brown liquid in Figure 4.

DISCUSSION At the interaction of the powdered pill with the Marquis reagent the reagent turns violet, then gradually becomes black. This type of color is characteristic for MDA [1]. The examination by means of TLC revealed the presence of one zone of fluorescence absorption, which turned violet when a drop of Marquis reagent was put on it. GC analysis also shows the presence of one peak, which eluted between saturated normal carbons with the number of atoms 14 and 15 (relation index 1475). The resultant IR spectrum of the pill extract by its position, configuration and relative intensity of absorption bands fully corresponds to the spectrum of 3,4-methylenedioxyamphetamine from the Fluka Library of Drugs with the Perkin-Elmer instrument. The colorless, transparent liquid corresponded to isosafrole. The light brown, transparent liquid corresponded to 1-(3,4-methylenedioxy-phenyl)-2-propanone, the intermediate product of the synthesis of 3,4-methylenedioxyamphetamine [2]. Thus, the complex examination conducted allows positive identification of the MDA proper, the precursor and the intermediate product of the MDA synthesis.

REFERENCES 1. Clarke’s Isolation and Identification of Drugs. The Pharmaceutical Press, London, 1986. 2. J. Clandestine Laboratory Investigating Chemists, Volume 2, Number 4, 1992, pg.4.

VOLUME 3 NUMBER 3 - JULY 1993

JOURNAL

VOLUME 3 NUMBER 3 - JULY 1993

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CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

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JOURNAL

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VOLUME 3 NUMBER 3 - JULY 1993

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 3 NUMBER 4 — OCTOBER 1993

IN THIS ISSUE ... Appeals of Federal Methamphetamine Sentencing on the Rise ................................ 2 The Post-Patrick Blues .............................................................................................. 3 Nancy L. Simpson, Assistant US Attorney Developing A Strategy For A Multiagency Response To Clandestine Drug Laboratories ..................................................................... 3 Chemical Control Bills Introduced to U.S. Congress ............................................... 4 Lab Seizures .............................................................................................................. 6 Abstracts of Papers Presented at 3rd Annual Technical Training Seminar ............................................................ 8 Permit Required Confined Spaces. The New Federal OSHA Regulations ............. 10 Bruce Lazarus, C.I.H. The New Federal OSHA Regulations ..................................................................... 10 Permit Required Confined Spaces. Federal Register §1910.146 ............................ 11 Legal Update on Drug Sentencing / Clan Lab Cases .............................................. 13 Nancy L. Simpson, Assistant US Attorney Examination of a Commercial Metal Pickling Agent For the Synthesis of Methcathinone ................................................................. 16 George Angelos, M.S. Isolation and Identification of Phenyl-2-Propanone in Vacuum Pump Oil ........................................................................................ 17 John Chappell, Ph.D. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions from the membership concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references where necessary. Research papers or material over one page in length is requested to he submitted on IBM computer disk (contact the Editor for more information). One of the primary goals of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed ins speedy manner. For more information concerning the Journal, contact the Editor.

Association Officers President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz, Space 270 Los Angeles, CA 90012 (213) 237-0041 Vice-President: Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Ken Fujii Contra Costa Sheriff's Crime Lab 1122 Escobar Street Martinez, CA 94553 (415) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Executive Board Members: Terry A. DalCason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640 Tim McKibben Aurora Police Department Crime Lab 15001 E. Alameda Aurora, CO 80012 (303) 341-8344 Max Courtney Forensic Consultant Services PO Box 11668 Fort Worth, TX 76110 (817) 870-1710

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

APPEALS OF FEDERAL METHAMPHETAMINE SENTENCING ON THE RISE In the past three weeks, four appeals have been filed in Federal courts in the western United States based on the case United States v. Patrick, 983 F.2d 206 (11th Cir. 1993) [See this issue of the Journal, page 14]. All four appeals have asked the court to examine the sentences handed down for convictions of possession, manufacture, or conspiracy to distribute methamphetamine. In the Patrick case, the defendant was sentenced based on the quantity of methamphetamine he conspired to manufacture and possess with the intent to distribute. The sentence handed down was based on the Federal Sentencing Guidelines requirement of “100 grams or more of methamphetamine, its salts, isomers, and salts of its isomers.” The defendant appealed the application of the Guidelines on the grounds the government’s chemist did not identify the optical isomer of the methamphetamine. Under the Sentencing Guidelines, l-methamphetamine is distinguished from racemic and d-methamphetamine in its drug equivalency value. The drug equivalency value is a quantity of marihuana the offending drug is equated with. Table 1 lists the Guidelines’ drug equivalencies for the various forms of methamphetamine. Thus, the equivalent quantity of marihuana for l-methamphetamine is only 4% of that for racemic or d-methamphetamine. The judge found the burden of proof for determining the isomeric form of the methamphetamine was on the government. Since the isomer of the methamphetamine was not determined by the

government’schemist, the judge ruled the defendant was incorrectly sentenced and remanded the case for resentencing. Interestingly, two of the recent cases in the western United States have involved “no-dope” conspiracies. In a “no-dope” conspiracy, a defendant is charged with manufacturing and/or distributing based on business records and/or the testimony of fellow conspirators. No controlled substances are seized or purchased directly from the defendant, thus “no-dope” is involved. One case in Casper, Wyoming is currently under consideration by the judge. However, the judge in a second case in Billings, Montana, recently ruled against the defendant’s Patrick motion based on affidavits provided from two DEA chemists. A third case in Salt Lake City, Utah involves about 10 grams of racemic methamphetamine and about 2.6 g of l-methamphetamine. The defendant’s argument for a Patrick decision is not clear. It is suspected the defendant and his attorney don’t fully understand the concept of optical isomers. The fourth case has been filed in San Jose, California but details on the appeal are not known at press time. It is imperative for the drug analyst to realize the consequences of the Patrick decision and its effect on the routine analysis of methamphetamine cases. Even though a case may not be headed or expected to go for Federal prosecution, it may. Thus, the drug analyst must expand their routine analysis procedures to include a conclusive method to determine the optical isomers of the methamphetamine identified. If you are interested in such methodology, you are encouraged to contact your local DEA laboratory for more information.

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VOLUME 3 NUMBER 4 — OCTOBER 1993

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

THE POST-PATRICK BLUES NANCY L. SIMPSON

Assistant U.S. Attorney, Senior Litigation Counsel Eastern District of California United States Attorney’s Office 650 Capitol Mall Sacramento, CA 95814

The Court of Appeals for the Eleventh Circuit, in United States v. Patrick, 983 F.2d 206 (11th Cir. 1993), issued an opinion which has caused some defendants to rethink the correctness of their sentencing guideline calculations. Here are some suggestions for your prosecutors to defend against Patrick challenges. In the Patrick case itself, the defendant was found guilty of conspiring to manufacture and possess with intent to distribute “100 grams or more of methamphetamine, its salts, isomers, and salts of its isomers.” The court based his sentence on “Methamphetamine (Pure),” rather than on the Sentencing Guideline provisions relating to “L-Methamphetamine/ Levo-methamphetamine/L-Desoxyephedrine” under the Drug Equivalency Tables. The court said that it was the government’s burden to show that the substance in question was d-methamphetamine. While the type of methamphetamine was irrelevant to guilt, it was extremely important to sentencing. Neither of the chemists who testified at trial testified to whether the substance was d-methamphetamine or l-methamphetamine. The case was remanded for resentencing. The sentencing guideline provision called into question, which is a portion of USSG § 2D1.1 Drug Equivalency Tables, is not new. The sentencing distinction between “methamphetamine” and “l-methamphetamine” has been the same since the enactment of the Sentencing Guidelines. Accordingly, any defendant who was sentenced on the basis of methamphetamine could have raised the Patrick issuein

his/her own sentencing proceeding. The general rule is that a defendant who fails to raise a question in the district court is deemed to have waived that issue for purposes of appealing the lower court’s decision. Under Title 18 United States Code, Section 3742(a)(1), a defendant may seek appellate review of a sentence claimed to have been imposed as a result of an incorrect application of the sentencing guidelines. Accordingly, we should challenge the right of a defendant who did not appeal the sentencing court’s acceptance of the government’s characterization of the controlled substance as methamphetamine vs. l-methamphetamine on direct appeal of his/her sentence, but who wants to litigate the matter now. There are strict time constraints on direct appeals — a notice of appeal must be filed within ten days of the entry of judgment. Alternatively, we should also challenge the right of a defendant to relitigate the sentencing guideline computations by way of a petition under Title 28 United States Code, Section 2255 [sometimes referred to as the statutory habeas corpus proceeding]. Matters which could have been raised on direct appeal cannot be raised successfully by way of a §2255 petition. See, for a good case on this point, Scott v. United States, 997 F.2d 340 (7th Cir. 1993). This opinion was written by Judge Easterbrook and contains an excellent discussion of why petitioners cannot raise these sentencing guideline questions in that manner. It also explains why the guidelines are not law and collects cases on the differences between direct appeal and collateral attack.

DEVELOPING A STRATEGY FOR A MULTIAGENCY RESPONSE TO CLANDESTINE DRUG LABORATORIES The Bureau of Justice Assistance (BJA), US. Department of Justice, under a cooperative agreement with The Circle, Inc., McLean, VA, has developed a monograph to assist jurisdictions in establishing and implementing effective, coordinated, multiagency clandestine laboratory enforcement programs. Designed for both policymakers and trainers, the monograph, Developing a Strategy for a Multiagency Response to Clandestine Drug Laboratories, is based on information and recommendations provided by five demonstration sites funded by BJA to develop and implement clandestine laboratory enforcement programs. The sites include the

VOLUME 3 NUMBER 4 — OCTOBER 1993

Washington State Patrol; the California Bureau of Narcotics Enforcement; the Portland (OR) Fire Bureau; the New Jersey State Police; and the Commonwealth of Pennsylvania, Office of the Attorney General. The sites’ experiences demonstrated that clandestine laboratory enforcement programs require a multidisciplinary approach, with the expertise of narcotics enforcement/prosecution personnel as well as fire/ hazardous materials (HAZMAT) teams and health and environmental officials. Federal, State, and local law enforcement officials at each demonstration site were encouraged to identify common goals, delineate their respective roles and responsibilities, devise interagency agreements,

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION formulate enforcement strategies that ensure the personal health and safety of their officers, and recognize their responsibilities in safely disposing of hazardous wastes after the “bust” is made.

KEY COMPONENTS COMPRISE COMPREHENSIVE PLAN The sites’ experiences also demonstrated that a comprehensive clandestine laboratory enforcement program has a number of key components: * * * * * * * *

The Multidisciplinary Strategy Planning Team Interagency Agreements Personnel and Training Equipment Personnel Medical Screening and Surveillance, and Data Collection Precursor Chemical Monitoring Clandestine Laboratory Cleanup Community Education and Awareness

Each component is based on an understanding of the health and safety risks inherent in clandestine laboratories, the legal responsibilities of organizations to minimize occupational hazards, and the ultimate goals of seizing the laboratory and successfully prosecuting the operator(s). Developing a Strategy for a Multiagency Response to Clandestine Drug Laboratories details an approach to the development of a comprehensive clandestine laboratory enforcement program comprised of these components. To assist policymakers, the monograph

also describes 10 practical steps to implementing the program, from developing a mission statement and selecting a program coordinator to developing an evaluation plan. Clandestine drug laboratories are found in a wide range of sites across the United States, from large, urban areas to remote, rural regions. These illicit laboratories often house substantial quantities of hazardous chemicals that pose serious health and environmental risks. “Taking down” such a laboratory mandates a strategically precise enforcement action, often involving Federal, State and local law enforcement. Once seized, the lab remains as a possible hazardous waste site, often containing toxic chemicals and unknown corrosives, carcinogens, and combustibles. Clandestine laboratory enforcement efforts, unlike other narcotics cases, are complicated by the presence of these potentially dangerous materials. Thus, the traditional narcotics task force investigation and prosecution approach must be expanded to encompass health, occupational safety, and environmental specialists, with all agencies collaborating in carefully planned, multidisciplinary responses. The expertise required for the various aspects of laboratory seizures and prosecutions makes the coordination of resources and programs among this multidisciplinary team of utmost importance. The monograph, Developing a Strategy for a Multiagency Response to Clandestine Drug Laboratories, is available at no cost through the RTA Clearinghouse. To order, telephone 1-800-688-4252, and request publication number 142643.

CHEMICAL CONTROL BILLS INTRODUCED TO U.S. CONGRESS On February 25, 1993 U.S. Senator Slade Gorton sponsored Senate Bill 440 (SB 440), the Chemical Control Amendments Act of 1993. On March 11, 1993 Representative Schumer of New York introduced a companion bill, HR 1331, to the U.S. House of Representatives. These two bills are aimed specifically to amend the Chemical Diversion and Trafficking Act of 1988 (CDTA) which restricted the sale, import, and export of many essential precursor and solvent chemicals. While the CDTA has been an effective tool for the reduction of solvent exports to South America which are likely to be diverted for cocaine processing and reduced the availability of certain precursor chemicals for domestic production of amphetamine, methamphetamine, MDA, MDMA, and LSD domestically, the CDTA has had difficulty in keeping up with the rapidly changing trends of chemical diversions for illicit purposes. These two new bills seek to remedy that situation. The bills seek to eliminate the terms “precursor chemical” and “essential chemical” from the CDTA and replace the terms with “List I Chemical” and “List II Chemical.” This would allow the Drug Enforcement Administration (DEA) to focus the degree of control on the nature of the diversion and the use of the chemical rather than its status as a precursor or essential chemical. It will also allow the DEA to

PAGE 4

transfer a chemical between lists if circumstances warrant greater or lesser control. The bills will also make U.S. chemical control law consistent with the international nomenclature. 1.

The bills would also: expand the definition of “Regulated Person” and “Regulated Transaction” to include brokers and traders. Presently, a chemical broker or trader who arranges the sale of a chemical from a source outside the U.S. for delivery to a country outside the U.S. (e.g., the chemical is never actually brought into the U.S.) is not held to the same accountability as a domestic retailer or exporter. This would make a transaction arranged by a broker or trader between two foreign countries a regulated transaction, subject to scrutiny by the DEA.

2.

will modify the exemption for chemical mixtures to be consistent with the 1988 UN convention.

3. a.

modify the Legal Drug exemption by: removing exemption for products in which ephedrine is the only active medicinal ingredient in therapeutic amounts. This action is hoped to stem the tide of the familiar mail-order ephedrine tablets presently being used as a precursor source.

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VOLUME 3 NUMBER 4 — OCTOBER 1993

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION b.

c. d.

allowing DEA to remove, by regulation, the exemption for other drugs containing listed chemicals if it is determined they are being diverted. This action would allow DEA to address the addition of guaifenesin or other “minor” therapeutic drugs to the mail-order ephedrine tablets as a means by suppliers to circumvent reporting requirements. containing specific criteria for determining a drug containing listed chemical is being diverted. allowing manufacturers to apply to retain exemptions for specific drug products if they can demonstrate the drug product is being manufactured and distributed in a way which prevents diversion for illicit use.

One of the more powerful tools for enforcement in SB 440 and HR 1331is the required registration of all distributors, importers, and exporters of List I chemicals. This registration will only be for the List I chemicals. The registration process will closely parallel the process for registering to handle or possess controlled substances. The authority to revoke or deny a registration will be based on public interest, as well as traditional grounds. This includes documentation of past (prior to enactment of the bill) indiscriminate sale of List I chemicals or the identification of the registration applicant as a major source of chemicals to clandestine laboratories. The bill will give the DEA authority to immediately suspend registrations in cases of imminent danger to the public health or safety. Violations of the registration requirements will have criminal penalties for the distribution, importation, or exportation of List I chemicals without the required registration. The registration process is expected to be a valuable tool for shutting off major sources of chemicals for clandestine laboratories. The registration will not be required, however, for the distribution, importation, or exportation of drug products containing List I chemicals covered by the Legal Drug exemption. Under the bills, all manufacturers will be required to submit annual reports on the total quantity of listed chemical produced during the year.

VOLUME 3 NUMBER 4 — OCTOBER 1993

This reporting requirement will not apply to the manufacture of drug products containing List I chemical covered by the Legal Drug exemption. Of other interest to the clandestine laboratory investigator are the amendments to the List I chemicals. HR 1331 will remove three chemicals added to the list under the Crime Control Act of 1990. Two of the chemicals, N-ethylephedrine and N-ethylpseudoephedrine, are precursors for substances not controlled under Federal law. The third chemical, d-lysergic acid, is already listed as a controlled substance under Federal law. Two chemicals, benzaldehyde and nitroethane, whose use has grown in the past two years as precursors to the manufacture of amphetamine and methamphetamine, will be added to List I. The bills would also make it unlawful for a person who possesses a listed chemical with the intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from the manufacture of a controlled substance otherwise than as required by the Solid Waste Disposal Act. Violation will be a class D felony punishable by not less than 5 years imprisonment; or in the case of willful violation, a class C felony punishable by no less than 10 years. Further, the defendant will be liable for the cost of initial cleanup and disposal of the listed chemical and contaminated property; the cost of restoring the property damaged by exposure to the listed chemical for rehabilitation under Federal, State, and local standards. The court can order all or a portion of the earnings from work performed by a defendant in prison be withheld for payment costs associated with cleanup. Both bills have the bipartisan support of both Houses of Congress. Earlier versions of these bills were included in House and Senate crime bills during 1992; however, the bills were killed not because of their content but because of other controversial factors of the whole crime bill. The bill is supported by the DEA, the Nonprescription Drug Manufacturers Association, and the Chemical Manufacturers Association.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LAB SEIZURES DEA RAIDS SUSPECTED DRUG LAB; PAROLED CHEMIST AMONG 4 ARRESTED Providence — Federal agents raided a suspected drug lab in a Branch Avenue mill yesterday and arrested four people — including a chemist who allegedly masterminded the operation from prison before he was paroled last month. The lab was equipped to produce “several million dollars” worth of P2P, a chemical compound that is used to produce methamphetamine, known on the street as “speed,” said acting US Attorney Edwin J. Gale. Firefighters evacuated the complex, called the River Place, at 755 Branch Ave., during the raid because the chemicals found there are considered extremely dangerous. Fire officials declined comment afterward. A team of Drug Enforcement Administration agents who specialize in chemical labs was brought in to search and secure the building and to help stabilize the chemicals, officials said. Gale said the raid stemmed from a two-year investigation by DEA agents in to reports that a lab was being established to manufacture P2P. It took time to order the materials and get the lab in operation for a few months. The project was allegedly masterminded by Roderick A. Campbell, 45, who has no permanent address, a former research chemist for the Hunt Chemical Corp. and a former doctoral candidate in organic chemistry at Brown University. Campbell was arrested in 1983 on charges of manufacturing PCP, an animal tranquilizer and hallucinogenic drug known as angel dust, as well as possession of PCP with intent to deliver it, and conspiracy to traffic PCP. He was one of 16 people arrested by state police after a lengthy investigation that resulted in the seizure of $54,000 worth of the drug. Campbell was given two consecutive 12-year sentences, according to Al Bucci, a spokesman for the Adult Correctional Institutions. But he served only about 6.5 years before he was released on parole April 19. Gale said that Campbell was “certainly the kingpin of this (latest) operation,” even from his prison cell. He allegedly conspired with three others to set up the laboratory. It was set up a few months ago in a fourth-floor wing of the mill complex, which is on Branch Avenue near the exit from Route 146. The complex houses a myriad of small businesses and a gym. Some of the employees in those businesses complained in recent weeks about a strange smell coming from the “laboratory,” one investigator said. But the laboratory workers insisted they were just “making perfume.” One man who works in the mill, who declined to give his name, said it smelled like “chlorine cleaning materials ... They made your eyes tear.”

wash away chemical contaminants, one investigator said. Meanwhile, other agents arrested Campbell and Harold Farrell, 48, of 12 Booth Ave., Pawtucket, in a parking lot in an undisclosed location in Pawtucket, Gale said. All four suspects are charged with conspiracy to traffic in controlled substances, Gale said. Laura Meade Kirk The Providence Journal-Bulletin; Thursday, May 27, 1993 via Michael Liberto Drug Chemistry Lab - Providence, RI

RUTHENIUM OXIDE BEING PURCHASED AS CATALYST The California Bureau of Narcotic Enforcement (BNE) recently inquired as to why an individual would be purchasing ruthenium dioxide, an expensive ($101 per 5 g, Aldrich Chemical Co.) metal catalyst, along with large quantities of pyridine. A quick search of a reference book [1] regarding catalytic reductions indicates ruthenium is the preferred catalyst over rhodium, Raney nickel, or platinum oxide for the reduction of nitrogen heterocyclic rings as it is less susceptible to poisoning and will effect the reduction under more mild conditions. Specifically with the reduction of pyridine to piperidine, a precursor for the manufacture of phencyclidine (PCP), low pressure reductions require the presence of acid to prevent the poisoning of platinum catalysts. Raney nickel requires 150-300 atmospheres of pressure and temperatures above 150°C. Using ruthenium dioxide (2% by weight) mixed with pyridine and no solvent, the conversion of pyridine to piperidine is performed at 95°C at 70-100 atmospheres of pressure for approximately 0.5 hours resulting in the near quantitative conversion to piperidine [2]. Interestingly, in [1] a procedure is found for the reduction of l-ephedrine using ruthenium oxide catalysts. However, instead of reducing the hydroxyl group, the reduction saturates the aromatic ring leaving the hydroxyl group intact on the a-carbon resulting in l-2-amino1-cyclohexyl-1-hydroxypropane (Fig.1). Another procedure using ruthenium reduces the aromatic ring of methamphetamine to propylhexadrine [3]. Reductions of pyridine to piperidine in Southern California are not unusual, according to Mark Kalchik of the CA DOJ Crime Laboratory

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“There was some funny smell going around,” agreed Eric Burrelli, who works at Oasis Accessories, “but we didn’t think anything of it. A big building like this, you get smells all the time.” DEA agents swarmed the building early yesterday afternoon, raiding the lab and arresting two lab workers: Paul B. Pronteau, 25, of 32 Yellow Brick Road, Narragansett, and Joseph Arthur Perras Jr., 22, of 81 Hillside Ave., Coventry. They were taken outside to a decontamination area to

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ã1993 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 3 NUMBER 4 — OCTOBER 1993

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION in Fresno, CA. The typical method uses sodium metal in alcohol as the reducing media.

been found at a lab site. The agents seizing evidence were concerned about sampling the phosphorus pentachloride and hydrogen gas.

1.

Does anyone sample hydrogen gas for analysis? If you do, we would like to know your procedure. Contact me at (510) 313-2800.

2. 3.

Catalytic Hydrogentation in Organic Synthesis, M. Freifelder, John Wiley and Sons, Inc., New York, 1978, pp. 152-159. “Reductions with Ruthenium. II. Its Use in the Hydrogenation of Pyridines,” M. Freifelder and G.R. Stone, J. American Chemical Society, Volume 21, 1961, pp. 3805-3808. “Reductions with Ruthenium Catalysts. I. Preparation of Some Cyclohexylalkylamines,” M. Freifelder and G.R. Stone, J. American Chemical Society, Volume 80, 1958, pp. 5270-5272.

USE OF IODINE CRYSTALS INCREASES IN CONTRA COSTA COUNTY, CA Clandestine laboratory seizures have been down in the past three months in Contra Costa County, located 30 miles northeast of San Francisco. However, it has started to pick up again during the last three weeks of September. Three of the recent labs seized have been using and ephedrine iodine crystal method. One lab had a pint container full of iodine crystals. A recipe reportedly obtained from a member of the Aryan Brotherhood and smuggled out of the county jail describes an iodine crystal method where 1 pound of ephedrine from tablets is reacted with 1 pound of iodine crystals and 50 grams of red phosphorus in 1 gallon of water. The recommended reaction container was a glass coffee pot that was to be buried in the ground up to the pot’s neck for 10 hours. Another recent lab had ephedrine, phosphorus pentachloride, and hydrogen gas. This is not the first time phosphorus pentachloride has

VOLUME 3 NUMBER 4 — OCTOBER 1993

Bruce Fukyama Contra Costa Sheriff’s Lab - Martinez, CA

ALUMINUM AMALGAM LAB FOUND IN ENGLEWOOD, CO On August 31, DEA and local law enforcement officers seized a boxed laboratory hidden in a rental storage locker in Englewood, Colorado. An earlier seizure of a lab in June near Evergreen, Colorado led to the Englewood site. The laboratory equipment and chemicals were stored in either plastic bags or plastic cooler chests. Some of the glassware and equipment seized included three-neck reaction flasks ranging in size from 50-5 liters, two pH meters, cartridge respirators, and five heating mantels. One of the more unusual items recovered was a 3-liter jacketed, fritted vacuum filter funnel which was probably used to cool and isolate phenylacetic acid after the acid hydrolysis of benzyl cyanide. Some of the chemicals recovered included 50 pounds of anhydrous sodium acetate, 50 grams of mercuric chloride, 10 pounds of phenylacetic acid, and nine bags containing samples of previous methamphetamine syntheses. It has been determined that most of the methamphetamine produced in this operation was transported out of Colorado for sale. Tim McKibben Aurora Police Crime Lab - Aurora, CO

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ABSTRACTS OF PAPERS PRESENTED AT 3RD ANNUAL TECHNICAL TRAINING SEMINAR SEPTEMBER 8-11, 1993 IN MEMPHIS, TN The following are abstracts of technical paper presentations and poster presentations made during the 3rd Annual Technical Training Seminar held in Memphis, Tennessee during the week of September 8-11, 1993. If you are interested in more information or copies of handouts used in conjunction with the presentations, please contact the author(s) directly.

TECHNICAL PAPERS “Mope Dope and AIDS Cures: Central California Drug Lab Scenes, 1992-1993” Jerry Massetti; California State Department of Justice, Fresno Regional Laboratory, 6014 North Cedar Avenue, Fresno, CA 93710 Telephones: (209) 278-7732, (209) 278-7731 (fax) Two new distinctive types of clandestine drug laboratories have been observed in Central California during the last year. The first was a highly stylized, repetitive organized crime type of operation which used the hydriodic acid/red phosphorous reduction of ephedrine to methamphetamine. This reaction has been used in Central California for years; however, some innovative variations have streamlined the process. One of the scenes corroborated rumors about multiple tons of ephedrine being processed in this way. The repetitive aspect of these labs constitute an interesting study in linking sites of serial crimes with physical evidence. The second kind of lab newly observed in Central California in the past year produced hypercin from St. John’s Wort. AIDS cures have occurred in other clandestine drug laboratory investigations in California. “Clandestine Aminorex, A Designer Drug Parent Finds the East Coast” Jason W. Freed, BS, and Vincent Cordova, BA; National Medical Services, Inc., 2300 Stratford Avenue, Willow Grove, PA 19090 Telephones: (215) 657-4900, (215) 657-2631 (fax) In this presentation we describe a case of a fragrance laboratory being used as a cover for clandestine dl-aminorex laboratory. The peculiar twist of this case was that dl-aminorex is the parent compound of the more conventionally recovered 4-methyl aminorex, a federally controlled Schedule 1 drug. Additionally, dl-aminorex was not, at the time, a common street drug in the Philadelphia or surrounding east coast area. Work with undercover officers throughout a lengthy investigation enabled a search and seizure of the laboratory. Findings from street purchases and samples from the lab identified dl-aminorex. Precursors identified from the laboratory consisted of dl-2-amino-l-phenylethanol, cyanogen bromide, various solvents, and sodium acetate. These findings led to the confiscation and dismantling of the laboratory and to the arrest of the suspect involved in producing the dl-aminorex.

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“Disposal Technologies” Jeffrey L. Buntrock and Robert E. Brown; Chemical Waste Management, Inc., 4227 Technology Drive, Fremont, CA 94538 Telephones: (510) 651-2964, (510) 226-1003 (fax) In 1976, the Resource Conservation and Recovery Act, or RCRA, became law. This was the first effort on the part of the Federal Government to regulate the management and disposal of hazardous waste, and was comprehensive and far-reaching in its impact. Since then, RCRA has been amended several times, with the 1984 Hazardous Solid Waste Amendments, or HSWA, being of the greatest significance. These amendments to RCRA have, with few exceptions, eliminated the disposal of hazardous waste directly into landfills without previous treatment to specific standards. Management and disposal have been further complicated by State requirements, and the necessary inclusion of materials previously unregulated by the Federal Government. Finally, with regards to clandestine drug wastes, regulatory requirements extend from RCRA (Resource Conservation and Recovery Act), TSCA (Toxic Substances Control Act), State Programs, and even some pressures from the NRC (Nuclear Regulatory Commission) for management of low-level radioactive materials. This presentation discusses the management and disposal options and opportunities in the 1990’s. Included is an overview of the waste streams typical of Clandestine Lab Sites, and the available treatment technologies for each. Specific discussion will include examples of disposal facilities of each type, as well as possible alternatives. The presentation endeavors to provide an overview of hazardous waste management and disposal as it pertains to Clandestine Drug Lab materials. “Fatalities Resulting From Clandestine Drug Manufacturing Laboratories” Roger A. Ely; Drug Enforcement Administration, Western Laboratory, 390 Main Street Room 700, San Francisco, CA 94105; and Steven B. Johnson; Los Angeles Police Department Crime Lab, 555 Ramirez Space #270, Los Angeles, CA 90012 Clandestine drug laboratories are known to contain extremely hazardous chemicals which can cause serious injury or death to the lab operator and to the investigator. Fire and explosion from organic solvents and reactive materials remain a serious threat. One illicit synthetic method to methamphetamine using a red phosphorus-hydriodic acid reduction of ephedrine can be especially dangerous due to the reactants and by-products formed from their reaction. Two separate incidents resulting in the deaths of three people in Los Angeles, CA, and two in Post Falls, ID, will be presented with crime scene reconstructions and postmortem findings.

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VOLUME 3 NUMBER 4 — OCTOBER 1993

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “Methamphetamine Synthesis Via Reductive Alkylation Hydrogenolysis of Phenyl-2-Propanone with N-Benzylmethylamine” Harry F. Skinner; Drug Enforcement Administration, Southwest Laboratory, 410 West 35th Street, National City, CA 91950 Telephones: (619) 498-0005, (619) 498-0027 (fax) Methamphetamine was synthesized by reductive alkylation hydrogenolysis of phenyl-2-propanone with N-benzylmethylamine. The expected product N-benzylmethamphetamine, once formed, undergoes hydrogenolysis to methamphetamine and toluene. The progress of the reaction, the intermediates formed during the reaction, and the products were analyzed by gas chromatography and mass spectrometry. “Examinations of Duct Tape in Clandestine Labs” Max Courtney; Forensic Consultant Services, P.0. Box 11668, Fort Worth, TX 76110 Telephones: (817) 870-1710, (817) 338-0908 (fax) In case after case involving clandestine amphetamine or methamphetamine laboratories, the violators have been seen to employ duct tape. Common examples of its use include taping glass joints and sealing of packages of product or boxes of equipment. Numerous class characteristics and individual characteristics are discussed in this application of criminalistics to the drug enforcement area. Duct tape offers a wealth of information in comparing questioned and known samples for tying a violator to an offense. Poster Session “An Unsuccessful Clandestine Synthesis Of Amphetamine” Sanford A. Angelos and Jack K. Raney; United States Drug Enforcement Administration, North Central Laboratory, 610 South Canal Street, Chicago, IL 60607 Telephones: (312) 353-3640, (312) 353-9789 (fax) Two clandestine amphetamine laboratories produced a number of samples containing phenylacetic acid and a-phenylacetamide. From the chemicals found at the laboratory site, the most likely procedure should have been to first manufacture phenyl-2-propanone and further produce amphetamine. What became suspect from the analysis of the mixture was that the clandestine laboratory operators had attempted to carry out the synthesis of both phenyl-2-propanone and amphetamine in the same reaction. The results were that an impurity, a-phenylacetamide, usually found in small amounts was now the major product of the reaction. Spectral data of the various samples seized are presented.

using 7 amphetamine-like compounds to determine its applicability in singling out an amphetamine analogue from a complex reaction mixture. “Examination of MDA” V. Sorokin, A. Beljaev, K. Ponkratov; Criminalistics Center Ministry of Internal Affairs of Russia, 123060, Moscow, Raspletina Street, 22, Moscow 123069 Illegal manufacture of 3,4-methylenedioxyamphetamine (MDA) has been organized at pharmaceutical plant in Oljane town (Latvia) in the late 1992. Isosafrole has been oxidized with formic acid and hydrogen peroxide mixture. Product of this reaction has been hydrogenized with an ammonia and gaseous hydrogen mixture in methanol media (pressure 1.5 MPa; catalyst Ni-Rainey has been used). In result of this reaction MDA has been obtained. Finale product has been produced as white tablets. Tablet’s weight is about 300 mg. Investigation with employment TLC, GC and IR-FT methods after purification of the probe by means solid-phase extraction made it possible to identify MDA. “Clandestine Drug Lab Chemistry Illustrated” Jeffrey R. Dovci, Oregon State Police Crime Lab, 650 Royal Avenue Suite 12, Medford, OR 97504 Clandestine drug chemistry is complex and presents an intellectual challenge even to the trained forensic chemist. Providing expert testimony on the subject can prove to be an even greater challenge. To effectively testify to any scientific principle or conclusion in a court of law, it is often necessary to assume the role of educator. The expert must adequately instill a functional level of technical understanding in the minds of the judge and jury so they may fully comprehend the significance of the expert’s opinion. If the expert fails in this task, even the most insightful presentation will fall on deaf ears and its relevance will be lost. As an educator, the expert must utilize any tool at their disposal. One of the most valuable tools the expert can use is visual aids. Visual aids can be in a variety of formats including slides, overheads transparencies, and poster graphics. The following computer generated and hand painted illustrations are examples of visual aids which have been used successfully in both the state and federal courts of California and Oregon. The computer graphics were generated on a 486/50 MHz personal computer equipped with 8 Mb of RAM. The system includes a 170 Mb IDE hard disk and a super VGA non-interlaced monitor with a BOCA 1 Mb video card. The software used was Computer Support Corporation’s “Arts & Letters” with Windows 3.1. The color illustrations were generated on a Hewlett Packard DeskJet 500C inkjet printer.

“The Use of Chemical lonization-MS in Analyzing Novel Amphetamine Reaction Mixtures” Richard R. Laing; Health Canada, Health Protection Branch, 3155 Willingdon Green, Burnaby, BC V5G4P2 Telephones: (604) 666-8284, (604) 666-0957 (fax) In a recent Clandestine lab seizure in Vancouver, B.C. (28/06/93) the cook stated that he was cooking a “legal” non-scheduled amphetamine analogue. Since a preliminary examination of some of the seized exhibits was negative, +ve Chemical lonization-MS was examined

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

PERMIT REQUIRED CONFINED SPACES THE NEW FEDERAL OSHA REGULATIONS BRUCE LAZARUS, CIH

Network Environmental Systems, Inc. 13407 Folsom Blvd., Suite B Folsom, CA 95630

On January 14, 1993, the Federal Occupational Safety and Health Administration (OSHA) issued its final standard for Permit-Required Confined Spaces, 29 Code of Federal Regulations, Section 1910.146. This new standard was originally proposed in 1975, and it required almost eighteen years for OSHA to complete and issue the regulations. Unlike several OSHA approved plan states (including California) that had effective confined space entry regulations already in existence, OSHA enforcement of confined space safety has been weak without this standard. However, with issuance of 29 CFR 1910.146, which became effective July 14, 1993, OSHA now has a comprehensive standard, applicable to general industry, which specifies the safety requirements for entry into a permit required confined space. According to the new standard, a confined space is any location having the following characteristics: * * *

Large enough to allow entry and the performance of assigned work. Limited means of entry and/or exit. Not designed for continuous human occupancy.

Based on this definition, OSHA delineates a non-permit entry from a permit required confined space. A permit required confined space is any confined space having the following additional conditions: * * * *

Has or may have a hazardous atmosphere. Contains materials that may engulf entrants. Has an internal configuration which could entrap a person. Contains any serious safety or health hazard.

The new federal regulation only applies to permit required confined space entry operations. When entering permit required confined spaces, the following requirements must be satisfied (see Attachment). 1. 2. 3.

The employer must evaluate the workplace to determine if employees are entering permit-required spaces. The employee must develop and implement a written permit space entry program. The employer must implement an entry permit system.

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4. 5. 6.

All employees must be trained and certified according to the level of assigned task (i.e. entrant, stand-by and supervisor). The written program and training must specify the duties and responsibilities of the entrants, attendants, (i.e. stand-by) and supervisor. The employer must develop and implement rescue and emergency services procedures as part of the permit entry space program.

The new OSHA standard definitely applies to clandestine drug laboratory operations. By definition, some laboratory locations by their nature are not very large, difficult to access and may not be intended to be continuously occupied. This does not imply that all laboratory sites fall under the scope of the standard. However, based upon an adequate laboratory hazard assessment, some clandestine sites may posses significant chemical and/or other serious safety or health hazards (i.e. hazardous atmosphere, engulfment, entrapment, etc.). Under these circumstances, the OSHA standard applies and basic field procedures should be implemented. To comply with the new regulations, agencies should evaluate their existing safety program and take the following action. 1. 2. 3. 4. 5.

Revise existing safety procedures for compatibility with the new standard. Upgrade training to incorporate information on the standard, changes to Standard Operating Procedures and use of an entry permit. Develop and utilize an entry permit, separate from a Hazard Appraisal and Recognition Plan (HARP) form. Ensure that adequate atmospheric testing is performed prior to entry, and especially before downgrading from Level B to Level C protection. Require the use of Level B protection when raiding unoccupied sites meeting the definition of a permit required confined space. (Note: The importance here is not if a laboratory site meets the OSHA definition, but rather, the consideration that the unoccupied location may pose serious life threatening hazards with no clues i.e., occupancy - as to their presence.)

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VOLUME 3 NUMBER 4 — OCTOBER 1993

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

PERMIT REQUIRED CONFINED SPACES Federal Register, §1910.146

Section 1910.146 Scope And Application A.

Scope and Application Requirements for practices and procedures to protect employees in general industry from hazards of entry into permit-required confined spaces.

B.

Definitions 1. Acceptable entry conditions a. Conditions must exist to allow safe entry conditions. 2. Attendant a. Individual who monitors authorized entrants. 3. Blanking or Blinding a. Procedure to ensure absolute closure of pipe, line or duct. 4. Confined Space a. Large enough to allow entry/performance of assigned work. b. Limited means of entry/exit. c. Not designed for continuous occupancy. 5. Double Block and Bleed a. Closing and locking/tagging two in-line valves and opening and locking/tagging a drain or vent valve in between the two closed valves. 6. Emergency a. Any event to the permit space that could endanger entrants. 7. Engulfment a. Surrounding of a person by a substance that can cause death. 8. Entry a. Action by which a person passes through an opening into a confined space. 9. Entry Permit (permit) a. Document that allows/controls entry into permit space. 10. Entry Supervisor a. Person responsible for overseeing all aspects of entry operations. 11. Hazardous Atmosphere a. An atmosphere that puts a person’s life and/or health at risk from one or more of the following causes: * Flammable gas in excess of 10% of its lower flammable limit (LFL). * Airborne combustible dust at concentrations greater than or equal to its LFL. * Atmospheric oxygen concentration below 19.5% or above 23.5%. * Atmospheric concentration of any substance for which an exposure limit is published in Subpart G, Occupational Health and Environmental Control, or in Subpart Z, Toxic and Hazardous Substances. * Any other atmospheric condition that threatens life or health.

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12. Hot Work Permit a. Employer’s written authorization to perform operations capable of providing a source of ignition. 13. Immediately Dangerous to Life or Health (IDLH) a. Any condition which threatens a persons life, health or escape from a permit space. 14. Inerting a. Displacement of an atmosphere by a non-combustible gas. 15. Line Breaking a. Intentional opening of a pipe capable of causing injury. 16. Non-Permit Confined Space a. A confined space that does not have the potential to cause death or serious physical harm. 17. Oxygen Deficient Atmosphere a. Less than 19.5% oxygen. 18. Oxygen Enriched Atmosphere a. More than 23.5% oxygen. 19. Permit-Required Confined Space (Permit Space) a. Has or may have hazardous atmosphere. b. Contains material that may engulf entrant. c. Has an internal configuration which could entrap a person. d. Contains any serious safety or health hazard. 20. Permit System a. Written procedure related to entry/exit of permit space. 21. Prohibited Condition a. Any condition in permit space not allowed by the permit. 22. Rescue Service a. Those designated to rescue employees from permit spaces. 23. Retrieval System a. Equipment used for non-entry rescue. 24. Testing a. Process by which hazards are identified and evaluated. C.

General Requirements 1. Employer must evaluate workplace to determine if any spaces are permit-required confined spaces. 2. If so, employer must develop and implement a written permit space entry program.

D.

Permit-Required Confined Space Program 1. No unauthorized entry. 2. Identify and evaluate hazards before entry. 3. Develop and implement safe entry operations. 4. Provide/maintain equipment necessary for safety. 5. Evaluate conditions prior to entry operations. 6. Provide for attendant(s) during entry operations. 7. Provide procedures for single attendant monitoring multiple spaces. 8. Identify and train those who will have active roles in entry operations. 9. Develop and implement procedures for rescue/emergency services.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 10. Develop and implement entry permit systems (preparation, issuance, use, cancellation). 11. Develop and implement procedures to provide for employees of another employer. 12. Develop and implement procedures for concluding entry upon completion of entry operations. 13. Review entry operations at any time there is a reason to believe there are deficiencies in the program. 14. Review the program annually, revise as necessary. E.

F.

Permit System 1. Entry permit must be completed before entry. 2. Entry supervisor must sign permit before entry begins. 3. Completed permit must be posted where visible to entrants. 4. Permit valid only for duration of job or task. 5. Entry permit shall be cancelled upon completion of job or when an unallowable condition exists. 6. Employer shall retain each cancelled entry permit for at least one year. Entry Permit The entry permit shall identify the following: 1. Space to be entered. 2. Purpose of entry. 3. Date and authorized duration of permit. 4. Authorized entrants. 5. Attendants. 6. Entry Supervisor. 7. Known hazards. 8. Measures used to eliminate hazards before entry. 9. Acceptable entry conditions. 10. Results of tests performed. 11. Rescue and emergency services available. 12. Communication procedures for entrants and attendants. 13. Equipment provided. 14. Any other information necessary to each particular situation. 15. Any additional permits issued to authorize work.

G. Training 1. Provided for safe performance of assigned duties. 2. Shall be provided to each affected employee.

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3. New or revised procedures shall be introduced to ensure proficiency. 4. Training must be certified. Certification shall be available for inspection. H. Duties of Authorized Entrants 1. Know hazards that may exist. 2. Be able to properly use equipment. 3. Communicate with attendant as necessary. 4. Alert attendant of dangerous/prohibited conditions. 5. Exit as quickly as possible when necessary. I.

Duties of Attendants 1. Know hazards that may exist. 2. Be aware of possible behavioral effect of hazard exposure on entrants. 3. Maintain accurate count of entrants. 4. Remain outside space until relieved by another attendant. 5. Communicate with entrants as necessary. 6. Monitor inside and outside activities for safety, evacuate if necessary. 7. Summon rescue/emergency services as necessary. 8. Follow procedures to prohibit unauthorized entry. 9. Perform non-entry rescues. 10. Perform no duties that would interfere with primary attendant duties.

J.

Duties of Entry Supervisors 1. Know hazards that may exist. 2. Verify all aspects of permit are in place before allowing entry. 3. Terminate entry and cancel permit as necessary. 4. Verify availability of rescue services. 5. Remove unauthorized individuals. 6. Determine at defined intervals that acceptable entry conditions are maintained.

K. Rescue and Emergency Services 1. Rescue service members must be properly trained as specified. 2. If optional rescue service will respond they must be informed of hazards and allowed access to all entry spaces. 3. Retrieval systems shall be used when possible as specified.

ã1993 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 3 NUMBER 4 — OCTOBER 1993

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LEGAL UPDATE ON DRUG SENTENCING / CLAN LAB CASES NANCY L. SIMPSON

Assistant U.S. Attorney, Senior Litigation Counsel Eastern District of California United States Attorney’s Office 650 Capitol Mall Sacramento, CA 95814

The following case summaries will cover recent developments in drug sentencing, with an emphasis on use of chemist’s testimony and calculations to support sentencing guideline determinations; effective use of chemist’s testimony to obtain trial convictions; differences between trial testimony and sentencing hearing testimony; anticipated changes in sentencing guidelines; and affidavits for search warrant in clan lab investigations. United States v. Fulcher, 943 F.2d 824 (8th Cir. 1991). The defendant pled guilty to an attempt to manufacture amphetamine; he argued that because he had abandoned the lab, he should not have been sentenced on the quantity of drugs which the laboratory was capable of producing. “That Fulcher may have abandoned his efforts to manufacture the drug neither affected his laboratory’s production capacity nor altered the fact that when he set up the laboratory he intended to produce a large quantity of amphetamine. Thus, the district court properly considered the production capacity of Fulcher’s laboratory when calculating the total quantity of amphetamine.” United States v. Short, 947 F.2d 1445 (10th Cir. 1991). The defendant was convicted of manufacturing methamphetamine. The court determined the approximately laboratory capacity based on the testimony of the DEA chemist, who testified that a 22-liter flask and hearing mantle were seized at the lab site; that it is customary that the flask, when it is being used, is only half-filled because a heating mantle only heats one-half of the flask. The chemist then calculated the manufacturing capabilities and concluded that the lab could make 2.3 kilos of meth at a time. The appellate court found this approach acceptable, in part because the defendant offered no evidence of his own which could have called these calculations into doubt. It is proper for the court to sentence on figures derived from record-supported expert testimony. United States v. Baggett, 954 F.2d 674 (11th Cir. 1992). The defendant was tried and convicted of possessing cocaine with intent to distribute. The chemist was unavailable at trial and the prosecutor introduced his report to show that the substance which the informant had purchased was, indeed, cocaine. The defendant objected, claiming that the report was hearsay. The appellate court observed that it is quite clear that introduction of a chemical analysis of the substance

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is not essential to conviction. The nature of the controlled substance may be proved by circumstantial evidence, such as lay experience based on familiarity through prior use, trading, or law enforcement; a high sales price; on-the-scene remarks by a conspirator identifying the substance as a drug; behavior characteristic of sales and use, such as testing, weighing, cutting, and peculiar ingestion. Additionally, the uncorroborated testimony of a person is sufficient if that person is familiar with the substance in issue. With that background, the appellate court found that circumstantial evidence established beyond a reasonable doubt that the substance was cocaine. Thus, even if the report were inadmissible, its admission was harmless error. United States v. Beshore, 961 F.2d 1380 (8th Cir. 1992). The defendants were found guilty of attempting to manufacture methamphetamine. No drugs were actually produced. The defendants said that they could not have actually produced any methamphetamine because the hydriodic acid was never removed from the undercover agent’s car. The sentencing court estimated the ultimate quantity of producible drugs, equal to the amount of drugs producible if the precursor chemicals possessed by the defendant were combined with proportionate amounts of the missing ingredients including processing equipment. “Even in the absence of a necessary precursor chemical the district court could properly approximate the amount of controlled substance that could have been produced. The commentary to the sentencing guidelines stat that ‘[w]here there is no drug seizure or the amount seized does not reflect the scale of the offense, the sentencing judge shall approximate the quantity of the controlled substance.’ U.S.S.G. § 2D1.4, note 2 (1990). This approximation does not require that every precursor chemical be present.” United States v. Sherrod, 964 F.2d 1501 (5th Cir. 1992). The defendants were convicted of conspiring to manufacture, possess and distribute phenylacetone and methamphetamine. The defendants complained that their constitutional rights to due process and confrontation had been denied, because the DEA agents had followed a court order and had destroyed the chemical mixtures found at the lab, after photographing and sampling them. The agents had failed to accurately measure the containers and their contents. Destruction of the methamphetamine and containers did not deprive the defendants of their constitutional rights. The defendants did not dispute that the mixtures found at the lab contained meth or that the quantity was more than one kilogram. Their dispute was whether it was four or five kilos, as opposed

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION to the seventeen the court found they had manufactured. Despite the destruction pursuant to court order, the defendants had the opportunity to show that the government’s evidence was incorrect. The DEA chemist had been present at the search; he originally estimated that the quantity was 4.5 kilos. The special agent, before trial, obtained and measured the quantity of a Coke canister the size of the one which had been found at the lab. The chemist then revised his estimate and testified regarding the larger quantity at trial. United States v. Smith, 964 F.2d 1221 (D.C. Cir. 1992). The defendant was convicted of distribution and possession with intent to distribute cocaine base. The chemist who had analyzed the controlled substances was unable to testify because of back problems. His supervisor testified instead, explaining the methodology the original chemist had used, reviewing the contents of his report, and offering the opinion that the original chemist’s report was correct in that it accurately reflected the supporting documentation. The report itself was admitted as an exhibit. Needless to say, the defendant complained that the testimony and the report were hearsay. The appellate court said that the supervisor’s opinion was proper expert testimony. The original chemists report and the supporting documents are the kind of evidence on which a forensic chemist reasonably relies in forming an opinion on the composition of a particular substance. Additionally, it is quite reasonable for a chemist to review another chemist’s analysis in forming an opinion as to the veracity of the latter’s test results. The court did not decide whether the forensic chemist’s report was admissible under the business records exception to the hearsay rule. The circuits are split on that issue and this particular panel did not need to decide the question. United States v. Stockton, 968 F.2d 715 (8th Cir. 1992). The defendants, one of who was also known as Bubba, were convicted of conspiring to manufacture and distribute methamphetamine. A DEA chemist testified at the sentencing hearing that ont he basis of the glassware and samples found at the laboratories, a 50 percent yield of methamphetamine from the PAA would be very conservative. Based on the empty 110-pound drums and the 50 percent yield, the DEA chemist estimated that the defendants would have been able to produce 75 kilograms of methamphetamine. The defendants argued that their chemist estimated that they would only have a 30 percent yield. The appellate court did not need to decide between the two yields, because other evidence supported the same offense level as was reached by using the 50 percent yield. These included admissions of the defendants and their statements while negotiating with the undercover agents. United States v. Sturmoski, 971 F.2d 452 (10th Cir. 1992). The defendant was convicted for, among other things, attempting to manufacture meth. He challenged his sentence which the trial court had calculated based on the laboratory’s productivity. He claimed that it was impossible to produce any controlled substances at his lab. The appellate court held that it was appropriate to estimate the ultimate quantity of producible drugs as if the missing chemical was present. If there is no drug seizure reflective of the scale of the offense, the judge may consider the size or capability of the lab involved to determine the offense level.

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United States v. Patrick, 983 F.2d 206 (11th Cir. 1993). The defendant was found guilty of conspiring to manufacture and possess with intent to distribute “100 grams or more of methamphetamine, its salts, isomers, and salts of its isomers.” The court based his sentence on “Methamphetamine (Pure),” rather than on the Sentencing Guideline provisions relating to “L-Methamphetamine/Levo-methamphetamine/ L-Desoxyephedrine” under the Drug Equivalency Tables. The court said that it was the government’s burden to show that the substance in question was d-methamphetamine. While the type of methamphetamine was irrelevant to guilt, it was extremely important to sentencing. Neither of the chemists who testified at trial testified to whether the substance was d-methamphetamine or l-methamphetamine. The case was remanded for resentencing. United States v. Ruff, 984 F.2d 635 (5th Cir. 1993). The defendant was convicted of conspiring to manufacture and distribute both amphetamine and methamphetamine. He claimed that it was error for the court to have based his sentence, in part, on the entire weight of the mixtures found at the lab site which contained traces of methamphetamine and P2P. The court held that a defendant’s sentence should be based upon the entire weight of a mixture containing a detectable amount of methamphetamine or P2P rather than only the weight of the controlled substances themselves. The court acknowledged that there is a split among the circuits on this point. The opinion also said that the plain meaning of detectable amount includes any quantity, however small, which can be discerned by accepted methods of analysis. United States v. Bounds, 985 F.2d 188 (5th Cir. 1993). The defendant was convicted of conspiring to manufacture amphetamine and phenylacetone, as well as one count of attempting to manufacture these same two substances. The sentencing court relied upon the theoretical amount of amphetamine producible rather than the amount of phenylacetone which could have been produced. The defendant objected, arguing that where a general verdict makes it unclear what he was convicted of, and where the two possible offenses may result in two potentially different offense levels, the sentencing court must choose the lower of the two. The appellate court agreed with him. Since they didn’t know which drug the jury convicted the defendant of manufacturing (the jury instructions said amphetamine or phenylacetone), the case was remanded for resentencing based on which drug has the lower offense level. The court did suggest that a special verdict form could have been used or the government could have charged the defendant with separate counts for each drug. United States v. Funk, 985 F.2d 391 (8th Cir. 1993). The defendants pled guilty to conspiring to manufacture methamphetamine. They appealed their sentences, which had been calculated based upon the most abundant precursor chemical seized at their clan lab. At the sentencing hearing, the DEA chemist was the government’s expert; he had been involved in investigating and rendering an opinion as to the capacity of some thirty other methamphetamine laboratories. The defendant’s expert was a college chemistry professor. Each then testified as to the quantities of crank which could have been

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION produced, using the formulas seized from the defendants’ lab, based upon the seized quantities of PAA, AA, and methylamine. The court sentenced based upon the small quantity of drugs seized, plus the amount of meth which the DEA chemist said could have been manufactured from the most abundant precursor. The defendants protested, saying that they were inexperienced cooks and, in addition, the conspiracy had ended because one of the defendants shot the other. In distinguishing Fulcher, the appellate court said that sentencing courts were not limited to considering only the least abundant precursor; estimating quantity is a fact intensive inquiry which should not be constricted by an inflexible rule restricted to one factor. Both experts had first calculated theoretical methamphetamine yields from the precursors on hand and had then reduced those yields substantially in estimating the quantity of drugs which could have been produced. This “practical yield” was 250 grams (DEA) and 222.5 grams (defense) from 1550 grams of PAA. In a footnote, the appellate court said that PAA has virtually no legitimate use in the home and is costly and difficult to obtain. United States v. Barnett, 989 F.2d 546 (1st Cir. 1993). The defendants were convicted of conspiring to manufacture and possess with intent to distribute methamphetamine, possessing meth with intent to distribute, and possession of a listed chemical. The defendants complained that the sentencing court considered the amount of methamphetamine which could have been produced on the assumption that they once had the full fifty-kilos of pseudoephedrine (the drum was slightly less than half full at the time the search was conducted, but there was evidence of past manufacture as well). The appellate court said that a defendant who is convicted of conspiring or attempting to commit an offense involving a controlled substance shall be assigned the same base offense level as if the object of the conspiracy or attempt had been completed. Here, the DEA chemist testified at trial that 50 kilos of pseudoephedrine would yield 29 kilos of methamphetamine (one unit of pseudoephedrine would yield .58 unit of finished meth). The same chemist also testified that the ephedrine reduction process requires hydriodic acid in quantities from one to four times the amount of pseudoephedrine, depending upon the particular recipe. The defendants had enough HI to make 18 kilos; the chemical lists found spoke about use of the 50 kilo drum of pseudoephedrine as well as four 70-lb drums of HI. There was sufficient evidence found to support the court’s sentencing conclusion that the defendants were responsible for not less than 10 kilos of meth. (The range for Level 40 was 10 to 30 kilos of actual meth.) United States v. Eastland, 989 F.2d 760 (5th Cir. 1993). The defendants were convicted of manufacturing and conspiring to manufacture methamphetamine. They contested their sentence, which was based on the chemist’s analysis of items seized at the lab site, including the weight of the lye water found because it contained some phenylacetone. There was some 103 pounds of lye water, from which about one-half pound of phenylacetone could have been extracted and used to make between one-quarter and one-half pound of meth. However, the entire weight of the lye water was used, rather than the dramatically smaller weight of theoretical finished product. The appellate court found that the district court correctly considered the entire weight of the mixtures containing traces of phenylacetone and methamphetamine,

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even though they were probably residue from a manufacturing process and were insufficient to actually use in future manufacturing. This is because that circuit’s precedents and the sentencing guidelines mandated considering the entire amount, because the drugs were “detectable” in the mixture. United States v. Williams, 989 F.2d 1061 (9th Cir. 1993). The defendants were convicted of conspiring to manufacture and distribute methamphetamine, possession with intent to distribute meth, and unlawful possession of essential chemicals. During the trial, the chemist had testified regarding the potential at the lab. He explained in some detail what glassware and essential chemicals were found at the lab; he made his estimates assuming the availability of the chemicals which were missing or in short supply. The glassware and chemicals seized at the lab site indicated that the defendants were using more than one method and manufactured more than one type of meth. The testimony, summarized, was reported as having been the following: Using one 22 liter reaction flask, based upon the capacity of one 22 liter flask in a P2P reaction, yields approximately 2700 grams of P2P. The capacity of a 22 liter reaction vessel, using the methylamine/ P2P reaction, yields approximately 3 kilograms of dl-methamphetamine hydrochloride. Using one 22 liter reaction flask, the ephedrine/red phosphorus/HI reaction yields approximately 3 kilograms of d-metham-phetamine hydrochloride. Based upon the amount of acetic anhydride found, one could produce 4 kilograms of P2P assuming other chemicals necessary for that reaction were available. Using these 4 kilograms of P2P one would then obtain 4 kilograms of methamphetamine hydrochloride assuming other chemicals necessary for that reaction were available. There was enough methylamine at the lab site to make 6 kilograms of d,l-methamphetamine hydrochloride assuming the other chemicals in that reaction were present. There was enough hydriodic acid found at the Fromberg site to make 3 kilograms of d-methamphetamine hydrochloride assuming the other chemicals were available. Although there were trace amounts of red phosphorus found, if the 500-gram bottle were full, there would be enough red phosphorus to make approximately 3-3/4 kilograms of d-methamphetamine hydrochloride. The court found that certain ingredients for different recipes, each yielding 3 or more kilos, were present. Because there were at least three 22-liter flasks, the probation officer found and the sentencing court concluded that the lab was capable of producing nine kilos of meth. The defendants did not offer their own expert to challenge the government’s chemist.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION United States v. McCutchen, 992 F.2d 22 (3d Cir. 1993). The defendant was convicted of distribution and possession with intent to distribute cocaine base. The agents had seized 119 vials containing what appeared to be crack; the chemist analyzed fifteen of

them and projected a total weight. The sentencing judge relied on the chemist’s determination of the quantity. The court held that if a defendant challenges a drug quantity estimate based on an extrapolation from a test sample, the government must show, and the court must find, that there is an adequate basis in fact for the extrapolation and that the quantity was determined in a manner consistent with accepted standards

EXAMINATION OF A COMMERCIAL METAL PICKLING AGENT FOR THE SYNTHESIS OF METHCATHINONE GEORGE H. ANGELOS, MS

Wyoming State Crime Laboratory 316 W. 22nd Street Cheyenne, WY 82002

BACKGROUND INFORMATION

EXPERIMENTAL

This laboratory recently received items of evidence consisting of seven plastic “soda” bottles, each containing an orange liquid. It was requested by law enforcement to examine this material for either controlled substances, or its use in clandestine chemistry.

To a 13x100 mm pyrex test tube was added 510 mg sodium bisulfate, 56 mg potassium dichromate, and 2 ml of distilled water. The resulting orange solution was added to a second 13x100 mm pyrex tube containing 50 mg of reagent grade racemic ephedrine hydrochloride. This mixture was allowed to stand at room temerature for 48 hours.

The suspects informed the investigators that this material was purchased through the mail for the purpose of making jewelry. Upon contacting the mail order company, the following information was obtained: -

The commercial name of this product is “Nickel Pickel.”

-

The material is composed of 1 oz. of potassium dichromate and 9 oz. of sodium bisulfate dissolved into 1 quart of water.

-

Unlike pickling agents for Sterling silver (aqueous solutions of sodium bisulfate), German silver requires a small amount of dichromate.

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After 48 hours, the reaction mixture was noted to be a clear, deep red wine color. This resulting solution was made basic with saturated sodium carbonate upon which a green precipitate was noted. the basic reaction mixture was extracted once with an equal volume of hexane. To the hexane extract, HCl gas was bubbled yielding a pasty, white precipitate. The hexane was evaporated and the resulting crystals were washed with anhydrous diethyl ether.

RESULTS: No attempt was made to optimize the reaction conditions or extraction - purification methods. Approximately 22 mg (50% yield) was obtained. The product was found to be consistent for methcathinone by gas chromatography - mass spectroscopy and infrared spectrophotometry.

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VOLUME 3 NUMBER 4 — OCTOBER 1993

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ISOLATION AND IDENTIFICATION OF PHENYL-2-PROPANONE IN VACUUM PUMP OIL JOHN CHAPPELL, PH.D. DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105

INTRODUCTION

The separation scheme is described in detail as follows:

A popular means of illicit methamphetamine manufacture remains the reductive amination of phenyl-2-propanone (P2P) [1], in spite of the federal control of commercial sales of P2P in 1980. The subsequent illicit production of P2P has since prompted forensic interest in detecting and identifying evidence of P2P manufacture. Often overlooked as evidence is the presence of P2P in the pump oil of vacuum systems at clandestine laboratories. The clandestine synthesis of P2P generally involves a reaction or distillation performed under vacuum, commonly without the use of vacuum traps. Consequently, P2P (and its reaction by-products) are prone to accumulate in the vacuum pump oil. A method is presented here by which low levels of P2P (parts per million) may be isolated and identified by gas chromatography - mass spectrometry (GC-MS). This general approach has proved fruitful in the detection of P2P in pump oil seized from clandestine laboratory sites.

PROCEDURE

acetone (analytical grade) anhydrous sodium sulfate (granular) 1 N HCl cotton conc. NaOH solution (50% aqueous) disposable Pasteur pipettes (5.75" length) sodium bisulfite reagent pipette bulb methylene chloride (analytical grade) test tubes with screw top caps (12 to 15 mL capacity) pH test paper or strips (recommended) vortex mixer (recommended) bench-top centrifuge (recommended) Step One

The method of P2P separation from pump oil is outlined by the flow chart in Figure 1. The separation scheme principally relies on the reaction of bisulfite ion with a methyl ketone to form a water-soluble bisulfite-addition product (BSAP), a reaction that has been employed previously in the isolation of P2P from reaction mixtures [2]. Formation of the P2P-bisulfite complex (P2P-BSAP) enables P2P to be selectively removed from the oil with limited contamination from other organic species. Once the aqueous phase is physically separated from the oil, the addition of base or acid will remove the bisulfite ion (as a sodium sulfite precipitate or sulfur dioxide gas, respectively) and convert the complex back to P2P. The use of base is usually preferred, and has been found to be more efficient in this specific application. The P2P is then extracted from the aqueous phase with methylene chloride for GC-MS analysis. The reaction between the P2P (in the oil) and the bisulfite ion (in aqueous solution) can, however, be kinetically inhibited by the physical separation of the immiscibile oil and aqueous phases. Vigorous mixing of the two phases can facilitate the reaction, although the efficiency of the reaction may be reduced, especially for dilute levels of P2P in the oil. This situation can be modestly improved by performing a preliminary extraction on the oil with acetone, which is indicated to extract a majority of the P2P present. Evaporation of the acetone extract effectively concentrates the P2P with only residual oil remaining. Reaction of this residue with the bisulfite ion still produces the P2Pbisulfite complex, and enables the P2P to be isolated from the remaining oil contaminants.

VOLUME 3 NUMBER 4 — OCTOBER 1993

Materials

A sample of pump oil (3 to 5 g) is placed in a test tube and a comparable volume of acetone (5 mL) is added. The oil and acetone are mixed vigorously (preferably by vortex for 1 to 2 minutes), and then the phases are allowed to separate. The acetone phase (top layer) is transferred to another test tube by pipette and the acetone is evaporated off by gentle heating on a steam bath. An oily residue (< 0.3 mL) will remain. Step Two A saturated solution of sodium bisulfite is prepared fresh by placing sodium bisulfite reagent (> 6 g) in a test tube and adding distilled water (10 mL). The contents are shaken well and then one drop of 1 N HCl is added to enhance the acidity of the solution (this can improve the stability of the P2P-bisulfite complex if basic species are present in the oil). The contents are shaken occasionally for one-half hour to obtain a saturated solution. Step Three The saturated sodium bisulfite solution (approximately 5 mL) is added to the oily residue from Step One and mixed vigorously (preferably by vortex for 1 to 2 minutes). The contents are allowed to separate, and the aqueous solution is removed by pipette and then filtered by passing

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION this phase down a column prepared from a Pasteur pipette plugged with a small cotton wad to remove any remaining oil droplets suspended in the aqueous phase. The filtrate is collected into another test tube. Step Four The aqueous solution collected in Step Three is titrated slowly with concentrated sodium hydroxide solution (50% aqueous), with the concomitant formation of a heavy white precipitate of sodium sulfite. This solution should be agitated with the dropwise addition of base and may be occasionally cooled by submersing the lower half of the test tube into a beaker of cool water. A solution pH between 12 to 14 should be obtained (and confirmed with pH paper) after 2 to 3 mL of base is added. The contents may then be centrifugated to clear the solution of solids, although the precipitate will eventually settle to leave a clear solution. The aqueous phase is then transferred to another test tube by pipette.

separation scheme at low P2P concentrations (approximately 20%) suggests that the detection limit of the method is near 10 µg P2P per 4 g of oil, or two parts per million P2P. Amounts of P2P comparable to that found in the aqueous solution can also be detected in methylene chloride extracts of the sodium sulfite precipitate, thereby accounting for a majority of the P2P added to the oil samples (a 50 to 60% recovery).

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Step Five Methylene chloride (3 to 5 mL) is added to the aqueous solution of Step Four and the contents are mixed vigorously (1 to 2 minutes). The phases are allowed to separate, and the methylene chloride phase (bottom layer) is removed by pipette and then dried by passing this solution through a column prepared from a Pasteur pipette plugged by cotton and packed with granular anhydrous sodium sulfate (approximately 5 cm high). The methylene chloride solution that is collected may then be concentrated as necessary (typically 2 mL or less) by solvent evaporation on a steam bath and screened by gas chromatography. Very dilute samples may require evaporation to near dryness and re-dissolution in 10 µL or more of methylene chloride. Once the screening response is satisfactory, the solution may be analyzed by GC-MS for P2P. Screening of the extracts was performed via a Hewlett-Packard 5880 gas chromatograph with flame ionization detection. A 10% OV-101 packed column (1.8 m x 4 mm) or a HP-1 capillary column (12 m x 0.20 mm x 0.33 µm) may be employed using a 125 to 275°C temperature profile (15°C per minute) with an appropriate flow of carrier gas. The GC-MS instrument used in this study employed a Hewlett-Packard 5890 gas chromatograph with a HP-5 column (12 m x 0.20 mm x 0.33 µm) and a Hewlett-Packard 5971 mass selective detector operating in full electron impact scan mode. Detection of P2P was accomplished with a 100 to 280°C temperature profile (15°C per minute), and a 19:1 split ratio. The instrument collected identifiable P2P mass spectra for 1 µL injections containing amounts as low as 0.2 µg P2P, or a solution concentration of 0.2 mg P2P per mL. This corresponds to a detection limit of 2 µg P2P per sample when the sample is dissolved in the minimal amount of methylene chloride, approximately 10 µL.

RESULTS AND DISCUSSION The efficiency of this separation scheme was tested to assess its applicability and determine its limit for the detection of P2P. Known amounts of P2P were added to unused pump oil and then treated by the described procedure. The results are presented in Table 1. It is notable that the P2P recovery efficiency is similar for the low P2P level as for the higher level, in spite of two orders of magnitude difference in concentration. The reasonable recovery efficiency of this

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Detection could therefore be improved if both the aqueous solution and sodium sulfite solids were extracted with methylene chloride. However, the mixing of the solids with methylene chloride forms a meta-stable dispersion, which requires centrifugation in order to isolate the methylene chloride extract. The balance of the P2P (40 to 50%) is indicated to remain in the oil, and may be collected by repeated treatments on the oil where both the aqueous solution and sodium sulfite solids are extracted (approximately 90% is recovered after three treatments). The method was applied to a 4 g sample of pump oil collected from a vacuum pump used several times for P2P distillations in training demonstrations. The total ion chromatogram and mass spectrum from the GC-MS analysis of the final methylene chloride extract is shown in Figure 2 for a 1 µL injection from a 2 mL concentrated extract. The chromatogram displays only the one peak due to P2P and shows no evidence of contaminants, particularly from the oil. The measured response is similar to a 2 µg injection of P2P, indicating a detected level of 1 mg P2P per gram of oil and implying an actual concentration of approximately 3 to 4 mg per gram of oil. Analysis of some clandestine lab samples of pump oil have also detected methamphetamine, in addition to P2P, which likely collects in the pump oil during the processing of methamphetamine base. Specifically, methamphetamine synthetic schemes that yield a basic reaction product may employ vacuum filtration to remove solids present in the reaction solution, as in the case of the popular aluminum amalgam route [3]. The treatment of the pump oil or its acetone extract with the acidic bisulfite solution apparently extracts the methamphetamine as a salt. Analyses of pump oil contaminated with P2P may be successfully performed without the acetone extraction step, but with some compromise in the detection of P2P. Specifically, the recovery of P2P at levels near 10 µg per gram of oil may be reduced by as much as one third by omitting the acetone extraction. Although the detection of P2P at higher levels is largely unaffected when the oil is treated directly with the bisulfite solution, this abbreviation in the procedure can result in some loss in the recovery efficiency and raise the detection limit of the method. The acetone extraction step may also benefit the analysis of dilute P2P levels when the P2P can be concentrated from larger volumes of oil (i.e., 30 to 100 mL). An acetone extract of the oil (extracted by

ã1993 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 3 NUMBER 4 — OCTOBER 1993

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION separatory funnel) may be sufficiently reduced in volume (< 5 mL) to be treated directly with the bisulfite solution and the P2P isolated by the described procedure. This approach in principle could further improve the detection limit of P2P in pump oil by ten-fold.

CONCLUSION The illicit manufacture of phenyl-2-propanone commonly involves the use of vacuum systems for the purification of the final product, a process which tends to accumulate P2P in the oil of the vacuum pump. A separation scheme for the isolation of P2P from vacuum pump oil is described for the purpose of gas chromatography - mass spectrometry identification of P2P. The method affords a relatively efficient separation that allows for the detection of P2P at levels near one part per million, and has proved successful in the analysis for P2P and methamphetamine in vacuum pump oil seized from clandestine labs.

VOLUME 3 NUMBER 4 — OCTOBER 1993

ACKNOWLEDGEMENT The author is grateful to Roger Ely, senior forensic chemist at the DEA Western Laboratory, for his training and advice in clandestine laboratory investigation, and to Forensic Chemist Eydie Johnson for her success in detecting methamphetamine with the procedure.

REFERENCES 1.

A. C. Allen, M. L. Stevenson, S. M. Nakamura, and R. A. Ely, “Differentiation of Illicit Phenyl-2-Propanone Synthesized from Phenylacetic Acid with Acetic Anhydride Versus Lead (II) Acetate,” Journal of Forensic Sciences, Volume 37, Number 1, 1992, pp. 301-322.

2.

C. Ruybal, “Bisulfite Addition Product Purification of Phenylacetone,” Microgram, Volume XVI, Number 5, 1983, pp. 80-86.

3.

A. C. Allen, and T. S. Cantrell, “Synthetic Reductions in Clandestine Amphetamine and Methamphetamine Laboratories: A Review,” Forensic Science International, Volume 42, 1989, pp. 183-199.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

VOLUME 3 NUMBER 4 — OCTOBER 1993

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 4 NUMBER 2 - APRIL 1994

IN THIS ISSUE Safety Alert .................................................................................................... 2 Adverse Medical Effects From Exposure To Clandestine Drug Laboratories: A Proposed Health Survey ............. 2 Candidates For Association Offices Sought................................................... 3 U.S. Drug Enforcement Administration Places Aminorex Into Schedule I of the CSA ............................................................... 3 Elimination of Ephedrine Threshold Proposed By DEA ................................ 4 Clandestine Laboratory Investigator’s Association to Meet in Edmonton, Canada .......................................................... 5 Laboratory Seizures ....................................................................................... 6 Cruising the Information Superhighway ........................................................ 8 Safety Awareness of Respiratory Equipment Can Prevent Confined Space Tragedy. ................................................... 16 Suspenseful Suspension ............................................................................... 21 Original Papers The Clay Pot Method of Making Amphetamine .......................................... 26 John Hugel, B.Sc. Clandestine Synthesis of 3-Methylfentanyl .................................................. 28 Vladimir I. Sorokin, Ph.D. An Overview Of The Mexican National Lab Situation ............................... 30 Dan Largent

 1994 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner. For more information concerning the Journal, contact the Editor.

Association Officers President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz Space 270 Los Angeles, CA 90012 (213) 237-0041 Vice-President: Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Kenneth Fujii Contra Costa Sheriff’s Crime Lab 1122 Escobar Street Martinez, CA 94553 (510) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Executive Board Members: Terry A. Dal Cason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640 Tim McKibben Aurora Police Dept. Crime Lab 15001 E. Alameda Aurora, CO 80012 (303) 341-8344 Max Courtney Forensic Consultant Services PO Box 11668 Fort Worth, TX 76110 (817) 870-1710

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

1111

SAFETY ALERT

The Bureau of Narcotic Enforcement’s Clandestine Laboratory Enforcement Program wishes to notify you of a recent injury from hydrofluoric acid suffered by a Kern County narcotics officer. This exposure occurred on February 7, 1994, after an informant had retrieved a sample from the suspect who represented it to be P-2-P. The officer became exposed when he removed the plastic cap from the “clorox type” one gallon plastic jug. Evidently, a small amount of the clear liquid was present around the mouth of the container which, when opened, began fuming. The officer immediately recognized it was not P-2-P, recapped the container and washed his hands very well. A sample of the liquid submitted to the Kern County Crime Lab promptly dissolved the laboratory glassware used to analyze it. Further testing confirmed it was hydrofluoric acid. Approximately three hours after this exposure, the officer experienced a burning sensation and pain. Subsequent first aid by a local physician did not help. The officer continued to experience extreme pain and was airlifted to a local burn center for treatment. Specialists provided treatment that was able to

1111

minimize tissue loss and stopped the damage before it reached the bone. The officer has returned to work. A follow-up warrant at the suspects residence revealed an empty 55 gallon unlabeled blue drum and thirteen 1 gallon plastic containers of hydrofluoric acid. The carpet and floor surrounding the area where the chemicals had been transferred was destroyed. It is believed that several other containers of hydrofluoric acid have been distributed from the site. The primary suspect, a hispanic male, has not been located but is believed to be suffering from chemical burns. The informant was last reported to “coughing up blood”. Hydrofluoric acid is used in the glass etching industry and in some oil refinery work. Because it destroys glass, it is packaged in plastic only. MSDS suggest wearing Level B protection and obtaining immediate first aid from a burn unit/specialist if exposed. Questions regarding this information should be directed to Commander Hal Chealander, Kern County Narcotics, (805) 391-7642.

ADVERSE MEDICAL EFFECTS FROM EXPOSURE TO CLANDESTINE DRUG LABORATORIES: A PROPOSED HEALTH SURVEY JEFF BURGESS, MD Washington Poison Center P.O. Box 5371, CG-09 Seattle, WA 98105-0371 I am an Emergency Physician and Clinical Toxicologist serving as the Associate Medical Director of the Washington Poison Center in Seattle. Working with the Washington State Drug Lab Steering Committee has convinced me that collecting information on adverse health effects from exposures to chemicals in clandestine labs would be of great value. The medical literature on the subject is extremely limited, and good information on the human toxicity of many of the chemicals used and produced in drug labs is often not available. Collecting cases for an exposure data base is the first step in improving our knowledge of both the acute and long-term effects of exposure. I am formulating a questionnaire which will be available in 6-8 weeks, looking for reports on all cases of

PAGE 2

chemical exposure from clandestine drug labs that resulted in adverse health effects. This would include documented medical cases as well as anecdotal reports. Based on our collective experience, we will be able to make recommendations for the treatment and testing of future exposures. As part of the questionnaire development, it is important to identify a set of chemicals, such as thionyl chloride and hydriodic acid, that are the most likely to cause illness in a clan lab setting. Other factors, such as the type of personal protective equipment used or job description, must also be considered. If you have any suggestions on specific questions that should be included in the questionnaire, please call me at (206) 517-2357, FAX (206) 526-8490.

VOLUME 4 NUMBER 2 - APRIL 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CANDIDATES FOR ASSOCIATION OFFICES SOUGHT Some of the terms of office of the Board of Directors were altered by the Constitution and Bylaws changes adopted at the 1993 business meeting in Memphis, TN. The offices and terms of office are now as follows: 1 year: President, Vice-President, Immediate PastPresident 2 years: Members-At-Large (2) 3 years: Secretary-Treasurer, Membership Secretary, Editorial Secretary The office of President will be assumed by the Vice-President from the previous year and the outgoing President becomes the

Immediate Past-President. Hence, a new Vice-President will be elected each year. The Member-At-Large terms are staggered so that one Member-At-Large is elected each year. None of the three year terms are up this year. So, in 1994 the elections will be for the offices of Vice-President and one Member-At-Large. If you are interested in running for one of these offices, or can offer a nomination, contact the Membership Secretary Ken Fujii at (510) 646-2455 so that a candidates statement of qualifications can be published in the July issue of the CLIC Journal.

U.S. DRUG ENFORCEMENT ADMINISTRATION PLACES AMINOREX INTO SCHEDULE I OF THE CSA The US Drug Enforcement Administration (DEA) has placed the drug aminorex into Schedule I of the Controlled Substances Act (CSA) effective March 18, 1994 (Federal Register, 59 FR 12828). The following is an excerpt from the Federal Register justifying DEA’s action: “On September 21, 1992, the Administrator of the DEA published a final rule in the Federal Register (57 FR 43399) amending §1308.11(g) of Title 21 of the Code of Federal Regulations to temporarily place aminorex into Schedule I of the CSA pursuant to the temporary scheduling provisions of 21 U.S.C. 811(h). This final rule, which became effective on the date of publication, was based on a finding by the Administrator that the temporary scheduling of aminorex was necessary to avoid an imminent hazard to the public safety. “Aminorex, also called aminoxaphen, 2-amino-5phenyl-2-oxaoline, or 4,5-dihydro-5-phenyl-2oxazolamine, is a phenethylamine in which the side chain has been cyclized into a substituted oxazoline. In the mid 1960’s, it has (sic) marketed as an anorectic agent in Austria, West Germany, and Switzerland but was withdrawn from the European market when it became apparent that aminorex administration was associated with a high risk of fatal pulmonary hypertension. “Aminorex is chemically and pharmacologically similar to amphetamine, methamphetamine, and cis-4-methylaminorex, all of which are controlled substances with high abuse potential. Like most central

VOLUME 4 NUMBER 2 - APRIL 1994

nervous system (CNS) stimulants, aminorex produces acute locomotor stimulation in rodents. In drug discrimination studies, aminorex fully substitutes for amphetamine in rats and monkeys and for cocaine in rats. The reinforcing effects of aminorex were evaluated in rhesus monkeys and baboons. Aminorex is self-administered in both experimental paradigms. Collectively, these data indicate that aminorex has an abuse liability and dependence profile similar to other potent Schedule I and II controlled CNS stimulants. “The earliest confirmed trafficking of aminorex was in Florida in 1989. Since that time, forensic laboratories have identified aminorex in more than 70 exhibits submitted by law enforcement personnel in Florida, New Jersey, Michigan, Minnesota, Missouri, Pennsylvania, and South Carolina. Clandestine laboratories engaged in the synthesis of aminorex have been discovered in Florida, Pennsylvania, and South Carolina. “Aminorex is orally active but the most common route of administration is via nasal insufflation. It is usually sold as amphetamine or methamphetamine. There has been one death in 1990 associated with aminorex abuse in the United States. Abuse of aminorex produces the same public health risks as those associated with other clandestinely produced stimulants such as methamphetamine with the additional risk factor of pulmonary hypertension.”

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ELIMINATION OF EPHEDRINE THRESHOLD PROPOSED BY DEA The US Drug Enforcement Administration (DEA) has published a proposed rule to eliminate the threshold for ephedrine under the provisions of the Chemical Diversion and Trafficking Act of 1988 (CDTA) in order to reduce the diversion of ephedrine to clandestine laboratory operators. This would subject all transactions involving bulk ephedrine and single entity ephedrine drug products to the applicable provisions of the Controlled Substances Act (CSA). The proposed rule is published in the Federal Register (59 FR 12562). Excerpts from the Federal Register notice follow: “Ephedrine is the primary precursor utilized in the clandestine synthesis of methamphetamine and methcathinone, both potent central nervous system (CNS) stimulants controlled under the CSA. The public health risks from the abuse of these drugs are well known and documented. “Ephedrine is a listed chemical under the Chemical Diversion and Trafficking Act of 1988 (CDTA) (Pub. L. 100-690). Under provisions of the CDTA (21 U.S.C. 802(34)(c)), thresholds were originally assigned to each listed chemical. The CDTA imposes reporting and recordkeeping requirements for regulated transactions which meet or exceed threshold amounts of a listed chemical. “The Domestic Chemical Diversion Control Act (DCDCA) of 1993 (Pub. L. 103-200) was recently enacted and will become effective on April 16, 1994. This Act amends the CSA to permit that no threshold be established for a listed chemical via modification of 21 U.S.C. 802(39)(A) by redefining the term “regulated transaction” as a “distribution, receipt, sale, importation, or exportation, or an international transaction involving shipment of a listed chemical, or if the Attorney General establishes a threshold amount for a specific amount, including a cumulative threshold amount for multiple transactions” of a listed chemical. By not establishing a threshold for a listed chemical, all regulated transactions regardless of size are subject to CDTA reporting and recordkeeping requirements (emphasis added). “In addition, the DCDCA further modifies the definition of a “regulated transaction” by removing the exemption of those transactions involving products which are marketed or distributed lawfully in the U.S. under the Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), if these products contain ephedrine or its salts, optical isomers, or salts of optical isomers as the only active medicinal ingredient or contain ephedrine in combination with therapeutically insignificant

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quantities of another active medicinal ingredient (21 U.S.C. 802(39)(A)(iv). The DCDCA also provides that the Attorney General shall by regulation remove this exemption for drug products that the Attorney General finds are being diverted in order to obtain a listed chemical for use in the illicit production of a controlled substance. “The threshold for ephedrine was originally established as 1.0 kilogram for domestic and import/ export transactions, after internal study and industry consultation (54 FR 31657). The threshold of 1.0 kilogram of ephedrine base is equivalent to greater than 48,000 ephedrine 25 mg tablets or capsules. “Thresholds are continuously reviewed by DEA to determine if they are satisfactory to prevent diversion without overburdening industry. Current evidence indicates that the threshold for ephedrine of 1.0 kilogram is not adequate to prevent the diversion of ephedrine to clandestine laboratory operators. Clandestine laboratory operators are obtaining and utilizing ephedrine in quantities much less than the current 1.0 kilogram threshold in the illicit production of methamphetamine and methcathinone. The DEA has determined that in order to ensure the maximum effectiveness of the CDTA in the curtailing the diversion of ephedrine, there should be no threshold for ephedrine. Subsequently, all regulated transactions of ephedrine are subject to reporting and recordkeeping requirements of the CDTA regardless of size. “While seizures of clandestine methamphetamine laboratories have decreased significantly since the passage of the CDTA, more than 1200 methamphetamine laboratories have been seized in the United States since 1990. The majority of these laboratories utilized ephedrine as the precursor. In 1992, greater than 68 percent of the methamphetamine laboratories seized utilized ephedrine. A preliminary review of 1993 methamphetamine laboratory seizure data indicates that ephedrine was the precursor utilized in approximately 75 percent of these laboratories. “In addition to its use as the preferred precursor for the production of methamphetamine, ephedrine is also utilized in the synthesis of methcathinone. The clandestine manufacture of methcathinone, a methamphetamine analogue known on the street as “Cat”, has since been identified in the U.S. since 1991, when five laboratories were seized. “Methcathinone (N-methylcathinone) is manufactured in clandestine laboratories via the oxidation of

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION ephedrine as the precursor. These laboratories were located in Indiana, Illinois, Michigan, Washington, and Wisconsin. The number of methcathinone laboratory seizures continues to grow from six in 1992 to 21 laboratories in 1993. “Methcathinone is usually produced in small batches. Seizures of illicit methcathinone laboratories indicate that batch sizes routinely utilize less than 20 grams of ephedrine. The vast majority of this ephedrine is obtained via the purchase of over-the-counter (OTC) ephedrine 25 mg tablets sold in bottles of 1000 dosage units or less. “Batch sizes of methamphetamine produced at clandestine labs can vary greatly. Recent information indicates that methamphetamine is also produced in small batches via a procedure known as the “cold process.” This procedure has utilized quantities of 40 grams or less of ephedrine. “The smuggling of bulk ephedrine and the purchase of OTC ephedrine tablets are the primary sources of ephedrine utilized at these clandestine laboratories. Ephedrine tablets make up a significant portion of the more than 10 metric tons of ephedrine reportedly seized at clandestine laboratories between 1990 and 1992 (emphasis added). This material may be purchased from several different sources at below threshold quantities. The purchase of regulated chemicals from several suppliers in quantities below established thresholds is a common method of diversion and continues to occur with ephedrine. “A comparison of U.S. hospital/pharmacy purchase data with the quantities of ephedrine seized at clandes-

tine laboratories indicates that the use of ephedrine for clandestine laboratories is much greater than the amounts purchased by these types of distribution outlets. “Drug products containing ephedrine are used legitimately to treat asthma and other conditions. They are available as OTC products from pharmacies, hospitals, and other distribution outlets. Ephedrine products, which are lawfully marketed and distributed under the Federal Food, Drug, and Cosmetics Act and contain other active medicinal ingredients in therapeutically significant concentrations, are currently exempt from the reporting and recordkeeping requirements imposed under the CDTA. Of the oral OTC products available for medicinal treatment of chronic asthma, these ephedrine combination products are the products more frequently dispensed by pharmacies and hospitals. The elimination of the threshold for ephedrine does not impose any additional requirements on pharmacies, hospitals or points of distribution which distribute only those ephedrine products which are exempt. “The Acting Administrator, Drug Enforcement Administration, hereby certifies that this proposed rulemaking will have no significant impact upon entities whose interest must be considered under the Regulatory Flexibility Act, 4 U.S.C. 601 et seq. This proposed rule only eliminated the existing threshold for which ephedrine transactions must be reported and records maintained. It only impacts firms involved with small bulk transfers of ephedrine or distribution of single entity ephedrine tablets/capsules.”

CLANDESTINE LABORATORY INVESTIGATOR’S ASSOCIATION TO MEET IN EDMONTON, CANADA The Clandestine Laboratory Investigator’s Association (CLIA) will be holding its annual training workshop during the week of August 21-26, 1994 in Edmonton, Alberta, Canada. This is the first time CLIA has held its meeting outside the U.S. The meeting is being hosted by the Royal Canadian Mounted Police (RCMP) “K” Division Drug Enforcement and RCMP Edmonton Drug Section. This yearly meeting of investigators will include safety recertification for respirator use, laboratory safety, investigation information, basic drug lab identification, and synthesis updates. In addition to providing 32 hours of in-depth training in

VOLUME 4 NUMBER 2 - APRIL 1994

clandestine laboratory investigation, the US Drug Enforcement Administration's Clandestine Laboratory Safety Training team will provide 8 hours of lab safety recertification. Two recertification classes will be held on Tuesday and Wednesday the 23rd and 24th. Each recertification session is limited to 60 students. Registration fee is $125 (CDN) and $100 (US). The meeting will be held at the Edmonton Inn (403) 454-9521 with room rates at $62 (CDN) per night. For more information, contact Cpl. K.J. Graham, RCMP Edmonton Drug Section at (403) 945-5533 or fax at (403) 945-5579.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LABORATORY SEIZURES HI, EPHEDRINE EXTRACTION LABS SEIZED

MEXICAN NATIONAL LAB IN DUNLAP, CA

The Mexican nationals are still operating in California, in a big way. However, their supply of hydriodic acid and powdered ephedrine is drying up and they are being forced to find new sources. We are seeing an increase in the clandestine manufacture of hydriodic acid, and also more ephedrine extraction labs. These steps will be completed at one site, then the materials will be transported to another site to manufacture the methamphetamine. On March 22, 1994 the California Department of Justice laboratory in Freedom responded to an ephedrine extraction laboratory in San Jose. California Bureau of Narcotics Enforcement agents had made a controlled delivery of 1.25 million ephedrine tablets to a residence the day before. This residence was set up only to extract ephedrine from the tablets. Mexican nationals were arrested at the residence. It appeared that they were dissolving the tablets in water, filtering out the binders, the evaporating the water off of the ephedrine. Five-gallon Alhambra (drinking water) bottles were being used to mix the tablets with the water. There were two large two-burner propane stoves that were being used as a heat source to evaporate the water. On August 5, 1993 the DOJ Lab - Freedom criminalists responded to a suspected methamphetamine laboratory in Holly Hills, an exclusive gated subdivision northeast of Monterey. Upon arrival, we observed four 22-liter distillation set-ups, three reflux set-ups with hydrogen being fed into them, numerous empty red plastic five-gallon gas containers, a commercial ice machine, and lots of iodine and phosphorus. Eight Mexican nationals were arrested at the site. This appeared to be a fullscale methamphetamine laboratory, except for one thing: there was no ephedrine. This was set up to be only a hydriodic acid synthesis laboratory - on a fairly large scale. Apparently, the subjects were mixing the iodine, phosphorus and water, pressurizing the system with hydrogen gas, and allowing it mixture to reflux for a period of time. Then they distilled off the excess water. Approximately 200 pounds of iodine and over 300 pounds of phosphorus were seized. Empty containers indicated that over 600 pounds of iodine had already been used. Over three tons of iodine were seized from a storage locker in San Jose in connection with this case.

On our most recent laboratory we ran into some mislabeled chemicals. The laboratory was set up on a hillside approximately 1/4 mile from the nearest road. This was a finishing laboratory used to convert the cooked methamphetamine liquid to the powdered methamphetamine salt. There was a cylinder drug up the hill. It was labeled as “carbon dioxide” but in fact had the fittings for, and did contain, hydrogen chloride. Along with this there were 5-gallon gray metal containers labeled “CFC-114b.” I talked to DuPont Chemicals and there is no designation of CFC-114b. Testing showed it to be CFC-113 (1,1,2-trichlorotrifluoroethane or Freon TF). This may be a trend of mislabeling chemicals to prevent detection while they are being moved. By labeling chemicals with names not on the watched list they may slip by without arousing suspicion. If anyone else sees CFC-114b labels, please contact me at (209) 278-7732.

Julie Doerr CA DOJ Crime Lab - Freedom, CA

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Mark F. Kalchik CA DOJ Crime Lab - Fresno, CA

TWIST ON HI/RED P PROCEDURE FOUND IN COLORADO On March 9, 1994 authorities seized a small methamphetamine laboratory located in rural Douglas county, Colorado. The ephedrine, red phosphorus, and hydriodic acid (HI) reaction had cooked the previous night and had cooled to room temperature when seized. The cook had a large amount of information concerning a white supremacist group known as the “White Power Brotherhood.” His membership in this group hasn’t been confirmed. Items seized at the lab site included: 2.2 kg of l-ephedrine HCl, 250 g of red phosphorus, a 5 liter round bottom flask with reaction mixture, an Allihn condenser, 7 gallons of hydriodic acid, several bottles of iodine, potassium hydroxide, methanol, and assorted lab glassware. Two weapons were seized, one .22 caliber rifle and a Ruger “Mini-14” .223 caliber semiautomatic rifle with a loaded 30-round magazine. The suspect had several chemistry texts and numerous references. Among the references were copies of the DEA clan lab manual for MDA and STP syntheses. A methamphetamine recipe was received which listed a variation of the common ephedrine reduction method. This recipe listed the following chemicals: ephedrine, red phosphorus, 75% iodine and 20% hydrogen peroxide. It is assumed the crook

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION intended to generate either HI or an iodide species in situ with these ingredients. The reaction of iodine and hydrogen peroxide is used to manufacture HIO3 (iodic acid) ... an oxidizer! Experiments are being conducted to see if this recipe actually works and to see if any of the ephedrine is oxidized to methcathinone. Tim McKibben Aurora Police Crime Lab - Aurora, CO

AMPHETAMINE - METHAMPHETAMINE LAB SEIZED IN SACRAMENTO COUNTY

California to Washington state and to other parts of the U.S. since January of this year. One location was San Bernardino, CA where as much as 200 pounds of tablets were shipped to a warehouse. When the address was checked, it turned out to be a condominium. The DEA office in Fayetteville is requesting any information as to whether any bottles of Mr. G’s TURBO TABS (as shown in the photograph) have been found at any clandestine lab sites. Any information obtained can be sent to Norman Kemper at the Arkansas State Crime Laboratory, (501) 227-5747. Norman Kemper Arkansas State Crime Lab - Little Rock, AR

The mother of a man incarcerated on spousal abuse charges contacted the Sacramento County Sheriff’s Department and told them a small travel trailer emitting strange odors had been “dumped” on her son’s property in Walnut Grove, CA. Responding to this call on January 13, 1994 the Narcotics and Gang Division removed various containers with chemicals suspected in the illicit manufacture of methamphetamine. Mass spectral analyses of the samples showed that amphetamine along with a considerably small amount of methamphetamine was present. Based on by-product evidence, the hydriodic acid - red phosphorus reduction of phenylpropanolamine and ephedrine was indicated. Precursor chemicals used in this reaction may have been from over-the-counter diet or stimulant pills containing phenylpropanolamine and pseudoephedrine. This possibility is currently being researched. This is the only reported amphetamine lab seizure in Sacramento County for the last several years. Bradley Johnson Sacramento County Laboratory of Forensic Services Sacramento, CA

EPHEDRINE TABLET SUPPLIER IN ARKANSAS INVESTIGATED The DEA field office in Fayetteville, Arkansas is currently investigating a local wholesale dealer named Mr. G’s and is building a conspiracy to distribute ephedrine for the purpose of manufacturing methamphetamine. Bottles of ephedrine tablets purchased from Mr. G’s were found at several clandestine lab sites in Arkansas during 1993. Through the use of a confidential informant with a bodymike, DEA agents have been able to purchase over 100 bottles of Mr. G’s TURBO TABS, each containing 1000 ephedrine tablets. The recorded conversations with the suspect show that he is aware that ephedrine tablets are used to make methamphetamine and could supply any amount with no questions asked. Copies of UPS shipping records show that various quantities of ephedrine tablets ranging from 45 pounds to 200 pounds have been shipped to different locations all along the west coast from

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CRUISING

THE

INFORMATION SUPERHIGHWAY

In the last issue of the CLIC Journal (“Information SuperHighway Being Used to Spread Synthesis Information,” JCLIC, Volume 4, Number 1, 1994, pp. 4-5.) it was noted the much publicized “Information Superhighway” computer net named Internet was being used to distribute synthesis information on controlled substances. Internet’s topical bulletin board section called NewsGroups is where this type of information can be found. Specifically, information and postings related to all aspects of drugs may be found in the alt.drugs NewsGroup. If you have access to Internet, you can enter the NewsGroup area and browse the alt.drugs and the sci.chemistry postings to see what people are talking about. Depending on the gateway or host system you are using to access Internet, you can search these two groups for the presence of specific words such as drug names, slang, devices, or any other searchable word. While a 2400 baud modem is adequate, the preferred method of “cruising” the Internet is to capture the information as it scrolls across your screen into a file on your computer. Then, you can look through the messages at your leisure without having worry about racking up phone or service charges. Thus, a modem with a speed of 9600 to 14.4K baud is most desirable (sort of like cruising the interstate - why do it in a station wagon when you can really race with a Porsche?). America-On-Line (AOL) now allows access to Internet’s NewsGroups. However, their proprietary software makes collecting information from the net laborious and tedious. Using another service such as Delphi, CRL, or NetCom, the user can use standard modem communications software to navigate Internet resulting in a more efficient use of time to locate information. Starting with this issue, actual postings from the NewsGroup will be included in the Journal for your information. To help you decipher the sometimes cryptic messages and headers of a message, see the example for details as to the meaning of the different sections of each posting. An awareness of what an Internet message looks like may come in handy when searching a clandestine laboratory site for notes and other paperwork. Unfortunately, with over 7400 postings in alt.drugs alone and the clumsy software by AOL, only a few messages were found and downloaded.

METHCATHINONE There are postings in alt.drugs regarding methcathinone. These two are rather innocuous; however, there have been recipes for the synthesis of methcathinone posted. Subject: CAT/methcathinone: New Russian “designer drug” From: [email protected] (Robert Jesse) Date: Sat, 26 Feb 1994 00:39:15 GMT Message-ID: We would appreciate hearing from anyone with experience in the use, abuse, or chemistry of methcathinone (CAT), a novel drug used in Russia for some years and now appearing elsewhere in the world. We wish to know prices and availability, use in raves, problems with use, and prospects for the future of this drug. We’re especially eager to correspond with people in Russia and Europe. We are medical people associated with UC Berkeley and Harvard, and will also share with those who ask what we know about this new material. Any information is welcome, anonymously if you prefer. Thank you. Leonard Pickard Reply-To: [email protected] (please do not reply to the sender of this note.) ——————————— Headers ——————————— Newsgroups: sci.med.pharmacy,alt.drugs,alt.psychoactives Subject: Re: CAT/methcathinone: New Russian “designer drug” From: [email protected] (Steve Dyer) Date: Sat, 26 Feb 1994 16:58:57 GMT Message-ID: In article , >Leonard Pickard wrote: >We would appreciate hearing from anyone with experience in >the use, abuse, or chemistry of methcathinone (CAT), a >novel drug used in Russia for some years and now appearing >elsewhere in the world. We wish to know prices and >availability, use in raves, problems with use, and prospects >for the future of this drug. We’re especially eager to >correspond with people in Russia and Europe. There’s nothing particularly new or novel about methcathinone. Its effects are more or less indistinguishable from amphetamine or methamphetamine. It’s simply the ketone analogue of ephedrine. A related but less potent drug, diethylpropion, has been in use for years as an appetite suppressant. In this casual generic nomenclature, methcathinone would simply be methylpropion. Steve Dyer [email protected] ——————————— Headers ——————————— Newsgroups: sci.med.pharmacy,alt.drugs,alt.psychoactives

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VOLUME 4 NUMBER 2 - APRIL 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

HOW TO DECIPHER AN INTERNET MESSAGE

Greater-than-signs (>) indicates what portion of the original message is being answered.

Subject line tells what the message is about. The Re: indicates this message is a response to a previous posting

Subject: Re: Ayahuasca From: Riesgo Luis Date: Sat, 5 Mar 94 18:00:24 -0500 Message-ID:

Tells who (or what) account the message is from. The portion after the "@" sign tells the gateway service used. In this case, it is DELPHI.

Manuel J Perez writes: >Could someone please post instructions on how to make >an AYAHUASCA mixture from DESMANTHUS ILLINOESIS roots I would suggest using fresh sprouts of phalaris grass instead, it can be grown in trays just like wheat grass........a dinner plate 4 inches high would be good to start with. done ——————————— Headers ——————————— Newsgroups: alt.drugs

Body of response text to previous message. What Internet NewsGroups this message has been posted to.

Some messages may have very eloquent tags at the end of the message identifying the person posting the message. Since actual signatures cannot be transmitted, the tag acts as a signature.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION DIMETHYLTRYPTAMINE (DMT)

AYAHUASCA

Here is a posted procedure for the synthesis of DMT. There is quite a bit of interest in DMT on the net, not only regarding its synthesis but also its use and effects. Yet, seizure figures from DEA for the years 1992 to present indicate only 6 samples containing DMT were submitted for examination. Recently, a multi-psychedelic drug syntheses lab was seized in the San Francisco Bay area that is believed to have been manufacturing DMT.

In a paper title “Ayahuasca” (JCLIC, Volume 3, Number 1, 1993, p. 11), Shulgin describes a ritual plant preparation used in South America that goes by the names ayahuasca, caapi, or yajé. The preparations usually contain sometime of orally inactive amine, such as DMT or 5-MeO-DMT, with a carboline-type compound such as harmine, harmaline, or tetrahydroharmine — all from natural plant sources. The carboline compound makes the amine orally active, and thus allows the ritualistic effect desired by the shaman. Interestingly, there are inquires on the net that since harmine and harmaline make DMT orally active, would the same carboline compounds enhance already orally active psychedelic compounds.

Subject: DMT recipe From: [email protected] (chris) Date: 12 Feb 1994 05:10:00 +0100 Message-ID: In a 2000 ml flask dissolve 25 g indole in 1000 ml dry ethyl ether while stirring. Cool solution to 0 deg.C in ice bath. Cool 50 mg oxalylchloride to -5C. Using drop funnel add oxalylchloride dropwise to flask. Let sit until reaction (bubbling) stops. Cool further by adding salt to bath. Cool to 0C a sealed 100g bottle of dimethylamine and a 500 ml flask containing 100 ml dry ether. Break seal on bottle and carefully pour dimethylamine into ether. Slowly add contents of 500 ml flask to 2000 ml flask. Remove the large flask from ice bath. Continue stirring while it rises to room temperature. Do not heat. A white precipitate should form. If orange streaked precipitate occurs, continue stirring until as white as possible. Filter precipitate by suction. Wash filtrant twice with ether. Wash twice with water. Dry filtrant overnight on non metal plate. Place dried material in an 800 ml beaker and cover with about 1/2 inch methanol/benzene (50/50). Heat beaker in hot bath until solid is dissolved. Add more solvent if needed. Let cool after completely dissolved. Needle shaped crystals should form. If not, scrape inner sides of beaker with stirring rod and add a little petroleum ether. Decant solvent and dry crystals. Should yield 25 g. In a 1000 ml flask dissolve 25 g crystals in just enough tetrahydrofuran while stirring. In a 500 ml flask containing 200 ml tetrahydrofuran dissolve 20 g lithium aluminium hydride. Slowly add contents of 500 ml flask to 1000 ml flask while stirring vigorously with magnetic stirrer. Attach aspirator to 1000 ml flask. Place flask in heat bath for three hours over magnetic stirrer. Cool to 0C in ice bath. Ad small portions of chilled methanol while stirring gently until white precipitate forms. Filter. Was filtrant with 100 ml tetrahydrofuran. Dry. Should yield about 17 g of DMT. This product is somewhat impure. The impurities are harmless when smoked. Do no swallow or inject. Purification is unnecesary and difficult and will result in some loss of actual yield. In brief, to purify the product must be crystallized as follows: Dissolve in methanol. Add 500 ml saturated sodium sulfate soln. Vacuum filter precipitate to dryness. Thoroughly wash with tetrahydrofuran. filtrates from washing are acidified with a few ml of 0.1 M hydrochloric acid. Byproducts are removed by shaking with ether in a separory funnel and lower layer is drawn off. This layer is neutralized with 0.1M sodium hydroxide and shaken in a separatory funnel with chloroform. Chloroform layer is drawn off and dried through anhydrous sodium sulfate. DMT is crystallized from petroleum ether. Yield 10 g.

Subject: Re: Ayahuasca From: Riesgo Luis Date: Sat, 5 Mar 94 18:00:24 -0500 Message-ID: Manuel J Perez writes: >Could someone please post instructions on how to make >an AYAHUASCA mixture from DESMANTHUS ILLINOESIS roots I would suggest using fresh sprouts of phalaris grass instead, it can be grown in trays just like wheat grass........a dinner pl plate 4 inches high would be good to start with. done ——————————— Headers ——————————— Newsgroups: alt.drugs Subject: ayahuasca From: [email protected] (Adrien Phillip Peirotes) Date: 24 Mar 1994 06:56:35 GMT Message-ID: I was wondering if any of you have had the priviledge of taking part in any ayahuasca cermonies or have made your very own ayahuasca potions? What quantities and proportions were used (weight?) and what ingredients besides yaje wine? ——————————— Headers ——————————— Newsgroups: alt.drugs

LSD Here are few interesting postings on the subject of LSD. As has been suspected for quite a while, the US Postal system and the overnight delivery companies may unwittingly be some of the major couriers in the distribution of LSD throughout the world.

As has been previously stated oxalylchloride and lithium aluminiumhydride are not for beginners. This synthesis is not for beginners. Even the logistics of obtaining your chemicals requires connections to the mob. Still.. ——————————— Headers ——————————— Newsgroups: alt.drugs

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VOLUME 4 NUMBER 2 - APRIL 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Subject: Re: LSD, can I post it? From: [email protected] (Andreas Koch) Date: 23 Feb 94 23:02:49 GMT Message-ID:

Subject: Re: LSD, can I post it? From: [email protected] (Matthew Tooley) Date: 25 Feb 94 05:03:17 GMT Message-ID:

> Korey J. Kruse writes: > Msg-ID: > References: > Posted: 12 Feb 1994 03:54:22 -06 > > Org. : Kansas State University > [email protected] (Jacob Silber) writes: > > >Joris Meerts ([email protected]) wrote: > >: I never used LSD and never saw LSD in real so I don’t > >:know much about the stuff (except for what I’ve read > >:about it) but I want to use it within due time because > >:the things I hear about it are great. A friend of mine > >:(in another country) wants to use it too, but in his > >:country LSD is really illegal and he can’t get any > >:without paying hell for it. So I want to send him some by > >:normal mail (airmail probably). Is this dangerous and is > >:there a big chance that the people at the border will > >:find out about this? > >: Does LSD have a strong smell or anything which makes it > >:easy to detect? Is it very risky sending it by normal > >:mail and will the stuff still be in a good state after it > >:has arrived?

>[email protected] (Joris Meerts) writes: > I never used LSD and never saw LSD in real so I don’t know >much about the stuff (except for what I’ve read about it) >but I want to use it within due time because the things I >hear about it are great. A friend of mine (in another >country) wants to use it too, but in his country LSD is >really illegal and he can’t get any without paying hell for >it. So I want to send him some by normal mail (airmail >probably). Is this dangerous and is there a big chance that >the people at the border will find out about this? Does LSD >have a strong smell or anything which makes it easy to >detect? Is it very risky sending it by normal mail and will >the stuff still be in a good state after it has arrived? > If you have any info on this or if you tried it yourself, >please mail the info to my adress.

As has been stated dogs can’t detect LSD. However, in past I’ve sent 100 lots from Vancouver to Terrace, and when the package got there it had been opened and the LSD removed. Pissed me off! So, I don’t know how or why or who. Possibly my dealers phones were tapped, and the police intercepted the LSD, or someone just stole the LSD. The point is, the postal system is about as useful for sending drugs as it is for sending mail _FAST_. So I’d listen to whomever suggested Fed Ex. Andreas Koch located at Vancouver BC, Canada [email protected] ——————————— Headers ——————————— Newsgroups: alt.drugs

>Thanks in advance >love, >Joris If you send LSD via the mail you need to do a few importaint things. 1st. DO NOT SEND IT OVERNIGHT OR CERTIFIED MAIL! This type of mail is examined and I know of a man who got a few hundered hits in the mail and he got it delivered by the DEA of Australia. (He is in AUSI-LAND.) 2nd Use Company names for reciever and sender. This type of mail is less scrutinized. 3rd if you are doing a large number of hits you should fly there with them. Once you put it in the hands of a second party all sorts of shit can go wrong. 4th drugs are bad you should keep your body and mind pure. 5th A recap of the most importaint rule send it third or fourth class mail. otherwise it will be looked at. Good luck. And remember if you send it to someone only they know who sent it. So if you get busted, guess who tatel’tailed. Enjoy the trip. ——————————— Headers ——————————— Newsgroups: alt.drugs

Subject: Re: LSD, can I post it? From: [email protected] (Keith Lewis) Date: 16 Feb 1994 16:44:53 GMT Message-ID: >cody writes in article

>dated Wed, 16 Feb 1994 02:18:59 GMT: >A friend has considered sending speed through the mail >within the united states. Does anyone have any thoughts on >the consequences of trying this? There is an extra penalty above and beyond the normal possession/distribution ones for sending drugs through the US mail. Use a private courier like UPS or FedEx. —Keith Lewis [email protected] “Mr. Cheap” I’m just a singer in a mime choir. — Cheap Trick PGP key available. The above may not (yet) represent the opinions of my employer. ——————————— Headers ——————————— Newsgroups: alt.drugs

Subject: LSD-25 SYNTHESIS WANTED From: [email protected] (JOEL ENNIS) Date: 16 Feb 94 22:26:23 GMT Message-ID: Could someone either repost the LSD-25 synthesis or email it to me at [email protected]. email preferable ——————————— Headers ——————————— Newsgroups: alt.drugs Subject: Re: LSD-25 SYNTHESIS WANTED From: [email protected] (George Curtis) Date: Mon, 28 Feb 1994 00:27:13 GMT Message-ID: In a previous article, [email protected] (JOEL ENNIS) says: >Could someone either repost the LSD-25 synthesis or email it >to me at [email protected]. >email preferable > Me too please!! :) I keep asking for it but get sent the LSD

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION FAQ instead :\(, e-mail also prefered! :) P.S. No offence to those who have responded to me B4, it just want quite what I needed. Cheers, — /\ / /\ / / / /~~~~~ /~\ /\ / \ / / \ / /___ / / /___\ / \ /___/ / / \ / / / / ~~~~ / \ / / / / / \/ / / /_____ / //___/ ——————————— Headers ——————————— Newsgroups: alt.drugs

Step II. Use Red light Chill all reagents and have ice handy. Dissolve 2.82 g hydrazine rapidly in 100 ml 0.1 N ice-cold HCl using an ice bath to keep the reaction vessel at 0 C. 100 ml ice-cold 0.1N NaNO2 is added and after 2 to 3 minutes vigorous stirring, 130 ml more HCl is added dropwise with vigorous stirring again in an ice bath. After 5 minutes, neutralise the solution with NaHCO3 saturated sol. and extract with ether. Remove the aqueous solution and try to dissolve the gummy substance in ether. Adjust the ether solution by adding 3 g diethylamine per 300 ml ether extract. Allow to stand in the dark, gradually warming up to 20 C over a period of 24 hours. Evaporate in vacuum and treat as indicated in the urification section for conversion of iso-lysergic amides to lysergic acid amides. Preparation #2

Subject: LSD synthesis From: [email protected] (Korey J. Kruse) Date: 18 Feb 1994 04:54:59 -0600 Message-ID: Here is a method to synthesize LSD. The method does require a large amount of knowledge of chemistry, access to a well-stocked laboratory, and chemicals that are on the DEA watch list. It’s not very likely that this information will allow you to produce your own LSD. So basically I’m posting this for informational purposes only (and because someone requested it). Please note the lack of strychnine and methamphetamine in the synthesis process. Neither is used at _any_ stage of production. —————BEGIN lsd.synthesis.txt——————snip snip snip—————— LSD-25 Synthesis from “Psychedelic Guide to the Preparation of the Eucharist”: Preparatory arrangements: Starting material may be any lysergic acid derivative, from ergot on rye grain or from culture, or morning glory seeds or from synthetic sources. Preparation #1 uses any amide, or lysergic acid as starting material. Preparations #2 and #3 must start with lysergic acid only, prepared from the amides as follows: 10 g of any lysergic acid amide from various natural sources dissolved in 200 ml of methanolic KOH solution and the methanol removed immediately in vacuo. The residue is treated with 200 ml of an 8% aqueous solution of KOH and the mixture heated on a steam bath for one hour. A stream of nitrogen gas is passed through the flask during heating and the evolved NH3 gas may be titrated is HCl to follow the reaction. The alkaline solution is made neutral to congo red with tartaric acid, filtered, cleaned by extraction with ether, the aqueous solution filtered and evaporated. Digest with MeOH to remove some of the coloured material from the crystals of lysergic acid. Arrange the lighting in the lab similarly to that of a dark room. Use photographic red and yellow safety lights, as lysergic acid derivatives are decomposed when light is present. Rubber gloves must be worn due to the highly poisonous nature of ergot alkaloids. A hair drier, or, better, a flash evaporator, is necessary to speed up steps where evaporation is necessary. Preparation #1 Step I. Use Yellow light Place one volume of powdered ergot alkaloid material in a tiny roundbottom flask and add two volumes of anhydrous hydrazine. An alternate procedure uses a sealed tube in which the reagents are heated at 112 C. The mixture is refluxed (or heated) for 30 minutes. Add 1.5 volumes of H2O and boil 15 minutes. On cooling in the refrigerator, isolysergic acid hydrazide is crystallised.

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Step I. Use Yellow light 5.36 g of d-lysergic acid are suspended in 125 ml of acetonitrile and the suspension cooled to about -20 C in a bath of acetone cooled with dry ice. To the suspension is added a cold (-20 C) solution of 8.82 g of trifluoroacetic anhydride in 75 ml of acetonitrile. The mixture is allowed to stand at -20 C for about 1.5 hours during which the suspended material dissolves, and the d-lysergic acid is converted to the mixed anhydride of lysergic and trifluoroacetic acids. The mixed anhydride can be separated in the form of an oil by evaporating the solvent in vacuo at a temperature below 0 C, but this is not necessary. Everything must be kept anhydrous. Step II. Use Yellow light The solution of mixed anhydrides in acetonitrile from Step I is added to 150 ml of a second solution of acetonitrile containing 7.6 g of diethylamine. The mixture is held in the dark at room temperature for about 2 hours. The acetonitrile is evaporated in vacuo, leaving a residue of LSD-25 plus other impurities. The residue is dissolved in 150 ml of chloroform and 20 ml of ice water. The chloroform layer is removed and the aqueous layer is extracted with several portions of chloroform. The chloroform portions are combined and in turn washed with four 50 ml portions of ice-cold water. The chloroform solution is then dried over anhydrous Na2SO4 and evaporated in vacuo. Preparation #3 This procedure gives good yield and is very fast with little iso-lysergic acid being formed (its effect are mildly unpleasant). However, the stoichometry must be exact or yields will drop. Step I. Use White light Sulfur trioxide is produced in anhydrous state by carefully decomposing anhydrous ferric sulfate at approximately 480 C. Store under anhydrous conditions. Step II. Use White light A carefully dried 22 litre RB flask fitted with an ice bath, condenser, dropping funnel and mechanical stirrer is charged with 10 to 11 litres of dimethylformamide (freshly distilled under reduced pressure). The condenser and dropping funnel are both protected against atmospheric moisture. 2 lb of sulfur trioxide (Sulfan B) are introduced dropwise, very cautiously stirring, during 4 to 5 hours. The temperature is kept at 0-5 C throughout the addition. After the addition is complete, the mixture is stirred for 1-2 hours until some separated, crystalline sulfur trioxide-dimethylformamide complex has dissolved. The reagent is transferred to an airtight automatic pipette for convenient dispensing, and kept in the cold. Although the reagent, which is colourless, may change from yellow to red, its efficiency remains unimpaired for three to four months in cold storage. An aliquot is dissolved in water and titrated with standard NaOH to a phenolphthalein end point.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Step III. Use Red light A solution of 7.15 g of d-lysergic acid mono hydrate (25 mmol) and 1.06 g of lithium hydroxide hydrate (25 mmol) in 200 ml of MeOH is prepared. The solvent is distilled on the steam bath under reduced pressure. the residue of glass-like lithium lysergate is dissolved in 400 ml of anhydrous dimethyl formamide. From this solution about 200 ml of the dimethyl formamide is distilled off at 15 ml pressure through a 12 inch helices packed column. the resulting anhydrous solution of lithium lysergate left behind is cooled to 0 C and, with stirring, treated rapidly with 500 ml of SO3-DMF solution (1.00 molar). The mixture is stirred in the cold for 10 minutes and then 9.14 g (125.0 mmol) of diethylamine is added. The stirring and cooling are continued for 10 minutes longer, when 400 ml of water is added to decompose the reaction complex. After mixing thoroughly, 200 ml of saturated aqueous saline solution is added. The amide product is isolated by repeated extraction with 500 ml portions of ethylene dichloride. the combined extract is dried and then concentrated to a syrup under reduced pressure. Do not heat up the syrup during concentration. the LSD may crystallise out, but the crystals and the mother liquor may be chromatographed according to the instructions on purification. Purification of LSD-25 The material obtained by any of these three preparations may contain both lysergic acid and iso-lysergic acid amides. Preparation #1 contains mostly iso-lysergic diethylamide and must be converted prior to separation. For this material, go to Step II first. Step I. Use darkroom and follow with a long wave UV The material is dissolved in a 3:1 mixture of benzene and chloroform. Pack the chromatography column with a slurry of basic alumina in benzene so that a 1 inch column is six inches long. Drain the solvent to the top of the alumina column and carefully add an aliquot of the LSD-solvent solution containing 50 ml of solvent and 1 g LSD. Run this through the column, following the fastest moving fluorescent band. After it has been collected, strip the remaining material from the column by washing with MeOH. Use the UV light sparingly to prevent excessive damage to the compounds. Evaporate the second fraction in vacuo and set aside for Step II. The fraction containing the pure LSD is concentrated in vacuo and the syrup will crystallise slowly. This material may be converted to the tartrate by tartaric acid and the LSD tartrate conveniently crystallised. MP 190-196 C. Step II. Use Red light Dissolve the residue derived from the methanol stripping of the column in a minimum amount of alcohol. Add twice that volume of 4 N alcoholic KOH solution and allow the mixture to stand at room temperature for several hours. Neutralise with dilute HCl, make slightly basic with NH4OH and extract with chloroform or ethylene dichloride as in preparations #1 or #2. Evaporate in vacuo and chromatograph as in the previous step. Note: Lysergic acid compounds are unstable to heat, light and oxygen. In any form it helps to add ascorbic acid as an antioxidant, keeping the container tightly closed, light-tight with aluminum foil, and in a refrigerator. —————END lsd.synthesis.txt——————snip snip snip—————— “Law never made men a whit more just; and, by | means of their respect for it, even the well | deposed are daily made the agents of injustice” | —Henry David Thoreau “Civil Disobedience” | [email protected] ——————————— Headers ——————————— Newsgroups: alt.drugs

VOLUME 4 NUMBER 2 - APRIL 1994

METHAMPHETAMINE Interestingly, most of the discussions on the net seem to center around psychedelic or mind-expanding substances, with little on such drugs as heroin or cocaine. One of the regular topics to show on the net are requests for procedures to manufacture methamphetamine. Most of the recipes posted are taken verbatim from published sources such as the scientific literature or underground publications. Little, if any, seem to be original compositions by the person posting the original message. Here is a recent posting for the catalytic reduction of ephedrine to methamphetamine. Subject: speed From: [email protected] Date: Mon, 21 Mar 1994 11:25:24 GMT Message-ID: pg. 1644 ANALYTICAL CHEMISTRY, VOL. 58, NO. 8, JULY 1986 General Method for the Preparation of the 1-Phenyl-1-Chloro2-(methylamino) propanes. A solution of the ephedrine hydrochloride or pseudoephedrine hydrochloride (1.65g, 10 mol) and thionyl chloride (10 mL) in chloroform (200 mL) was stirred at reflux for 3 h. The reaction solution was then cooled to room temperature and the solvent volume reduced to approxiamtely 50 mL. Addition of anhydrous ether (200 mL) followed by cooling (freezer) resulted in crystallization of the 1-phenyl-1-chloro-2-(methylamino)propane hydrochlorides. General Method for Preparation of the Methamphetamines. A mixture of the 1-phenyl-1-chloro-2-(methylamino)-propane hydrochloride (500mg, 2.3 mmol), sodium acetate trihydrate (1.22g, 8.9mmol), and 5% Pd-BaSO4 (250 mg) in glacial acetic acid (95 mL) and water (5 mL) was shaken under a hydrogen atmosphere (initial psi of 40-45) on a Parr apparatus for 3060 min. After the uptake of hydrogen ceased, the catalyst was removed by filtration and washed with water (50 mL). The combined filtrate and water washings were evaporated to dryness under reduced pressure and the remaining oil dissolved in water (50 mL), and acidified with concentrated HCl (pH 1). The acidic aqueous solution was washed with chloroform (2 x 50 mL), then made basic (pH 12) with 10% NaOH. The basic aqueous solution was extracted with chloroform (3 x 75 mL), and the combined chloroform were washed with water (100 mL) and dried over MgSO4. Evaporation of the chloroform under reduced pressure yielded the product as the free base. The base was converted to the hydrochloride salt in ethereal HCL, and the salt was recrystallized from ethanol-ether to give a granular white solid. ——————————— Headers ——————————— Newsgroups: alt.drugs

LOOMPANICS BOOK REVIEW One of the first places the uninformed seem to turn for information regarding use and creation of controlled substances, along with a variety of other substances and topics, is the realm of the underground publications. One of the most noted publishers of such material is Loompanics in Port Townsend, WA. Loompanics publishes such notable texts as The Secrets of Methamphetamine Manufacture by Uncle Fester, Recreational Drugs by Professor Buzz, and The Construction and Operation of Clandestine Drug Laboratories. Uncle Fester’s Book, by the

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION way, is now in its 3rd edition and reportedly contains chapters on manufacturing “ICE” and methcathinone. Herewith is a posted review of some of the books offered by Loompanics. Subject: Review of Loompanics drug books From: [email protected] (Jon Taylor) Date: 8 Feb 1994 13:13:13 -0700 Message-ID: I just got an order in from Loompanics, and I thought I’d share my thoughts on the books that I got, and how I would rate them based on a letter grading system. These were: * * * *

Getting started in the illicit drug business Recreational drugs: a complete guide to manufacturing Secrets of methamphetamine manufacture The construction and operation of clandestine drug labs, and * E for ecstacy 1. Getting started in the illicit drug business This rather thin book is a basic guide on how to be a drug dealer. It covers dealing in pot, cocaine, and (oddly enough) quaaludes. It is set in a slightly larger-than-normal and rather annoying looking typeface. Topics covered include dealing with customers, avoiding the police, setting up a ‘goon squad’, and various others. All in all, though, a rather small, superficial and not very worthwile book. Grade: D 2. Recreational drugs: a complete guide to manufacturing This book covers the manufacture of most kinds of recreational drugs, as well as showing how to make/buy labware, precursors, and other useful stuff. Unfortunately, most of the book is indecipherable Ochem gobbeldygook, rendering the synthesis descriptions hard to follow. There is very little attempt made to simplify the syntheses, and one gets the feeling that most of the information was copied verbatim from the patents or journal articles, the authors’ statements of experience in running an illicit lab notwithstanding. Granted, some chem knowledge is definitely necessary when attempting complicated organic syntheses, but somehow Uncle Fester managed to put all that information into his book (see below) without adding the pompous, irritating feel to his book that ‘Professor Buzz’ has added to his. Nevertheless, if one is prepared to wade through all of that, there is a lot of very useful information contained in this book. Grade: C+ 3. Secrets of methamphetamine manufacture This was one of the best of the lot. The syntheses are explained in detail, LOTS of alternate routes for most every step are given, and one gets the distinct impression that the author has a lot of firsthand experience with this subject. This is the third edition, which came out in print mere days before I ordered it. New topics in this edition include making speed from ephedrine, making ice, expanded precursor syntheses, and the manufacture of your friend and mine, methcathinone. All in all, a very well-written, comprehensive and easy-to-read book. Grade: A 4. Construction and operation of illicit drug labs This one was also good. Although not very long, the author manages to cover the subject of setting up and running a lab quite thouroughly. As with the above book, the author sounds like he knows the subject he writes about from personal experience. Topics covered include picking a location, construction, dealing the product, packaging, and buying and making glassware and other equipment. No specific syntheses are covered as the author explicitly states that this is outside the scope of the book, but what the book does cover, it covers well. Grade: B+

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5. E for ecstacy This is supposedly the most comprehensive and well-written overview of Ecstacy currently on the market. It covers most anything one would want to know about the drug in a manner somewhat similar to the way my FAQ does. However, the rather unscientific way in which it goes about it is (at least to me) a little unsatisfying. This is particularly odd for a book that has as many references and footnotes as this one does - practically every sentence has a superscript tacked onto it. Most of the book consists of anecdotal information, personal quotes, news clippings, and the author’s own ruminations. The bibliography is very extensive and wellorganized, probably because it was written by Alexander Shulgin and not the author himself. The organization of the book is very confusing, there being very little rhyme or reason to the layout. The bibliography, for example, comes before several other sections that I would think should normally come before it in such a book. To add to the mess, the cover of the book is a *VERY* annoying sparkly rainbow diffracting mirrorlike sustance which is quite distracting. In conclusion, this book does have a lot of interesting info, but I do not consider it to be a very worthwhile overview. The impression I get of the author, if you’ll pardon the editorializing, was of an aging british hippie-type that got heavily into Ecstacy and started obsessing about it to such a degree that he felt the need to write a book about it, but did not have the skills to do so in an organized and tructured way. Why in god’s name Sasha Shulgin donated that lovely bibliography to this disorganized mess of a book is beyond me. If you buy this book, be prepared to do a lot of slogging. Grade: C Bear in mind that these are only my opinions. People who have more, less or different knowledge of the subjects in these books may think of them differently than I have - as always, YMMV. -Jon ——————————— Headers ——————————— Newsgroups: alt.drugs Organization: University Of Utah Computer Center

EPHEDRA PLANT MATERIAL One of the papers presented at the recent American Academy of Forensic Sciences meeting in San Antonio, TX was titled “Ephedra’s Role as a Precursor in the Clandestine Manufacture of Methamphetamine” by K.M. Andrews of the DEA Western Laboratory, San Francisco. This work explored the feasibility and economic considerations of extracting the ephedrine and pseudoephedrine out of ephedra plant material commonly found in capsules, enterically coated tablets, and the raw plant material. The study found that the extraction of this material is feasible for use as precursor material for clandestine methamphetamine lab, especially if sufficient restrictions were placed on the availability of tradional ephedrine sources such as tablets and powder. Consider the following inquiry from the net:

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Subject: Ephedra->Ephedrine From: [email protected] (Thomas Chehak) Date: Wed, 23 Feb 1994 02:56:47 GMT Message-ID: Does anyone know of a good way to extract ephedrine from ephedra plants? Any info would be appreciated. post or mail [email protected] ——————————— Headers ——————————— Newsgroups: alt.drugs Subject: Re: Ephedra->Ephedrine From: [email protected] (Jay) Date: 23 Feb 1994 14:08:44 GMT Message-ID: In article , [email protected] (Thomas Chehak) writes: |> Does anyone know of a good way to extract ephedrine from ephedra plants? |> Any info would be appreciated. |> post or mail |> [email protected] |>

Subject: Re: Ephedra->Ephedrine From: Michael J. Freeman Date: Sat, 5 Mar 94 22:01:24 -0500 Message-ID: Ephedrine, Caffiene, and PPA (Dexatrim) are all available in pill form through the mail. Look in Cosmopolitan for the adds. I am very depressed and am in the process of doing whatever drugs I can get my hands on. The book “Handbook of Abuseable Drugs” states that when these three drugs are taken together the result simulates amphetimines. A quote is “rats have worked harder to get more of this combination.” Beware of the crash from these drugs... you may find yourself in a hotel room with a shotgun in your mouth. [email protected] ——————————— Headers ——————————— Newsgroups: alt.drugs

I’m just curoius on why you would want to when you could go to the 7-11 and get yourself a box for less money. Also you wouldn’t have to worry about any unwanted chemicals such as poisonous alkaloids etc... Sorry tho, I don’t know how to extract it. jay [email protected] ——————————— Headers ——————————— Newsgroups: alt.drugs Organization: Iowa State University, Ames, Iowa (USA)

Do you belong to Dephi, NetCom, America On Line, Prodigy, Compuserve or some other computer service with access to the Internet? If so, you have an Internet address for receiving electronic mail (E-mail) from others on the net. How does this benefit you? If you happen to be a foreign member of CLIC, you can correspond with other members or submit clandestine lab seizure information via Internet for the cost of a local phone call. If you have access to Internet and would like to have your address published and distributed to other members of CLIC, contact: Editorial Secretary Roger Ely at [email protected]

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

AWARENESS OF RESPIRATORY EQUIPMENT CAN PREVENT CONFINED SPACE TRAGEDY. OUTDATED OSHA STANDARDS CAN LEAD TO PARADOXES IN WORKING IN HAZARDOUS ATMOSPHERIC CONDITIONS

JOHN F. REKUS, M.S., C.I.H., C.S.P. Occupational Health and Safety Volume 63, Number 2 February 1994, pp. 44 Two workers were killed and two were injured during a confined space accident triggered by improper use of an air-line respirator. Our story begins with a maintenance worker, assigned the task of removing residue from 10-foot diameter, 11-foot deep toxaphene stripper tank. The worker donned a full-face airline respirator and entered through an 18-inch manway located atop the tank. The ladder he used to enter was then removed so that the sludge bucket could be passed through the opening. After passing up two loads, the worker asked that the ladder be replaced so he could climb out with the last bucket. As he was climbing up, his air line separated at a quick-connect fitting. As he tried to reconnect it, the ladder slipped, rotated 180 degrees and pinned him against the vessel wall. As he attempted to free himself, he slipped and fell to the bottom of the tank. An assistant operator placed another ladder in the space and climbed down, but quickly climbed out again because of the overpowering odor. A maintenance mechanic then entered and quickly suffocated. A foreman also entered, but escaped before being overcome. After ventilating the space with a blower, rescue squad members entered and removed the two unconscious men. Both were later pronounced dead on arrival at the hospital. The assistant operator and foreman were hospitalized, treated and released.

WRONG AIR LINE In another case, an abrasive blaster died while cleaning the inside of a water tank prior to repainting. The blaster donned a blasting helmet and entered the tank. After about 10 minutes elapsed with no blasting taking place, the blaster’s assistant looked in to determine the cause of the delay. He saw the blaster collapsed at the bottom of the tank, still wearing his air-supplied helmet. Realizing that something was wrong, he entered (since there was no blasting particulate risk apparent, he saw no need for respiratory protection) and tried to revive the blaster. When his efforts failed, he called for rescue services.

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The arriving rescuers found the blaster dead at the scene. The subsequent investigation showed that the blaster asphyxiated when he inadvertently connected his air line to an in-plant nitrogen supply.

PROGRAM FLAWS These incidents suggest that there were serious deficiencies with each employer’s confined space entry programs. Specifically, paragraph 29 CFR 1910.147 (d)(4)(iv) of OSHA’s permit required confined space entry standard requires that entrants be provided with appropriate personal protective equipment (including respirators) whenever it is necessary to protect employees. The presumption, of course, is that the equipment must be the correct type, properly maintained and working at the time of use. This was not the case in the accidents described above. In the first case, the air line should have been fitted with a double-action connector that could not have become disconnected accidentally. The entrant also should have been equipped with an emergency egress cylinder to facilitate self rescue in the event that there was a problem with his primary air supply. In the second case, the connections installed on the in-plant nitrogen system should have been incompatible with the fittings on the breathing-air line. Analysis of both accidents also suggests a host of other violations of the OSHA confined space standard: • Failure to conduct a thorough hazard assessment. • Failure to ventilate the space adequately. • Lack of an appropriate rescue plan. • Absence of retrieval harness and mechanical lifting devices. • Absence of an attendant and entry supervisor. Although each of these issues is worthy of discussion, I want to focus on just one of them — the interlocking relationship between air-supplied respiratory protection and confined spaces.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION LINE OF DEFENSE OSHA generally considers respirators to be the last line of defense in protecting workers from atmospheric hazards. In fact, its respirator standard — 29 CFR 1910.134 — requires that air contaminants be controlled primarily through engineering methods such as ventilation. The standard further stipulates that respirators are permitted in only three situations: • If ventilation is either infeasible or inadequate to reduce contaminant concentrations to within acceptable limits. • As an interim measure until ventilation systems can be installed. • In emergencies such as escape from a hazardous atmosphere. For example, OSHA would not consider respiratory protection acceptable in confined spaces where entrants are overexposed to welding fumes that could be controlled by local exhaust. On the other hand, the agency would allow respirators during spray painting of storage tank interiors, since even the best-designed and well-installed ventilation system may be ineffective in reducing solvent vapors to below 10 percent of the lower explosive level (LEL). Some people may think that as long as the atmospheric level is below 10 percent of the LEL, entry is safe. Although this level is acceptable for entry from a fire and explosion perspective, Table 1 clearly shows that for many substances the atmosphere would still be way above the PEL. Look at carbon disulfide, for example. At carbon disulfide’s 10 percent LEL, 1,300 parts per million (ppm), the atmosphere would be more than two and a half times the 500 ppm level immediately dangerous to life or health (IDLH) and 130 times

the 10 ppm threshold limit value (TLV) of the American Conference of Governmental Industrial Hygienists. To work in such atmospheres, entrants would have to wear respiratory protection. Regardless of what type of equipment is used, OSHA requires employers to establish a comprehensive written respirator program.

APPROVED EQUIPMENT When an OSHA standard refers to an “approved” respirator, it means a device that has passed a series of laboratory performance tests prescribed by 30 CFR 11. While responsibility for respirator testing and certification is shared jointly by the National Institute for Occupational Safety and Health (NIOSH) and the Mine Safety and Health Administration (MSHA), the actual testing is performed at NIOSH’s Safety Research Laboratory in Morgantown, W.Va. Certified equipment is identified by a label that describes the respirator’s limitations, conditions of use, and, in the case of air-purifying devices, the contaminants for which it provides protection. One of the important things to understand about certification is that failure to use or maintain respirators in accordance with the manufacturer’s recommendations automatically voids the approval. But more on this later.

Table 1: Comparison of LEL, IDLH and TLV for Selected Materials LEL % Vol.

10% LEL ppm

IDLH ppm

TLV ppm

Times over the TLV

Benzene

1

1,300

3,000

10

300

Carbon Disulfide

1

1,300

500

10

130

Cyclohexanone

1

1,100

5,000

25

200

Hexane

1

1,100

5,000

50

22

Methyl ethyl ketone

1

1,400

3,000

200

15

Toluene

1

1,200

2,000

50

24

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION EIGHT PARADOXES There are eight considerations below that your local OSHA compliance officer probably never told you about the respirator standards. Some of these might really alarm you: 1. OSHA standards allow unapproved “hose masks” to be used in IDLH atmospheres, even though such use is precluded by the NIOSH certification. 2. OSHA can cite and fine you if you provide the grade of breathing air it specifies in its respirator standard. 3. OSHA permits respirator users to wear contact lenses, even though their use is strictly prohibited by its standards. 4. Simple mechanical changes such as lengthening or shortening the air line, or replacing a quick-connect fitting can void the NIOSH approval. 5. You can be cited and fined for having just one self-contained breathing apparatus (SCBA). 6. Failure to test SCBA air cylinders hydrostatically is a violation of both OSHA and DOT standards. 7. Failure to perform dynamic flowtesting on SCBAs voids the NIOSH approval. 8. Removal of an SCBA backpack to facilitate passing the cylinder through a confined space entry portal voids the NIOSH approval. Read on to find out what radio commentator Paul Harvey would say is “the rest of the story.” Hose Masks. Even though 29 CFR 1910.134 (e)(3)(ii) suggests that hose masks with blowers may be used in atmospheres immediately dangerous to life and health (IDLH) — they can’t. Like many OSHA regulations, those covering respirators were adopted in the early 1970s from existing standards from the American National Standards Institute (ANSI). Unfortunately, OSHA’s standards have not kept pace with the advances in respiratory protection in last two decades. Hose masks are now historical curiosities which are no longer certified for use in IDLH atmospheres. In fact, ANSI has revised its Z88.2 standard twice since it was adopted by OSHA in 1970. The most recent revision was issued in 1992. Breathing Air. OSHA standard 29 CFR 1910 134(d)(1) requires that air-supplied respirators be provided with breathing air that, at a minimum, meets the requirements for “Grade D” air as specified by the Compressed Gas Association’s Commodity Specification G-7.1-1966. Among other things, this specification sets a limit of 20 ppm for carbon monoxide (CO). But guess what? Unlike OSHA standards, CGA’s specifications are not frozen in time. In 1989, CGA lowered the acceptable level of CO to 10 ppm. It’s important to note that since NIOSH bases its approvals on the 1989 CGA standard, compliance with the present OSHA standard of 20 ppm CO voids the NIOSH approval. OSHA knows this, and in an obscure memorandum issued to regional administrators in 1992, the agency’s Directorate of Compliance

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Programs instructed its field staff to enforce the 10 ppm limit. In practice, this means if you comply with 29 CFR 1910.134 (d)(1) — the requirement for Grade D breathing air as defined by CGA 7.1-1966 — you can be cited for a violation of 29 CFR 1910.134 (b)(11) for failure to use an approved respirator. Pretty neat trick, don’t you think? Contact Lens Enigma. OSHA standard 29 CFR 1910.134 (e)(5)(ii) specifically states that “Wearing of contact lenses in contaminated atmospheres with a respirator shall not be allowed.” Sounds pretty definite, doesn’t it? Well, guess again. In another obscure internal memo OSHA advises its field staff that use of contact lenses is a de minimus violation. In other words, it’s a technical violation, but an employer won’t be cited even if an OSHA officer catches it. This decision is based on research conducted by Lawrence Livermore National Laboratories (LLNR) in the mid-1980s. In this study, LLNR researchers surveyed 9,100 firefighters in the United States and Canada to determine if contact lens wearers had experienced any serious problems while using SCBAs. Of the 1,405 firefighters who completed the survey, 403 indicated that they wore contact lenses. Of these, only six indicated that they had encountered problems which caused them to remove their facepieces. These results lead LLNR to conclude that contact lenses were not significantly more hazardous than insert glasses, and that their use should not be prohibited. ANSI adopted a similar stand when it revised its respirator standards in 1992.

MINOR CHANGES Supplied-air respirators (SARs) must be provided with an adequate supply of air if they are to provide their rated level of protection. A flow rate of at least 6 cubic feet per minute are required for hoods and helmets; 4 CFM is required for tightfitting facepieces. Since too much air can dry out a wearer’s eyes and respiratory tract, the maximum flow is limited to 15 CFM. The easiest way to ensure delivery of the proper air flow is to consult the manufacturer’s instructions to determine what pressure must be provided at the air-line connection point. It should be noted, though, that inlet pressures vary not only depending on make and model, but for some respirators the required inlet pressure may vary depending on the length or diameter of the air line, or even on the types of quick-connect fittings used. This interesting glitch is demonstrated in Table 2, showing NIOSH’s approval numbers for three supplied-air respirator models on the market, the length in feet approved for their air lines, and the approved pressure in pounds per square inch/ gauge. Notice that for one device, the same pressure is required regardless of whether the hose is eight feet or 300 feet long. Other respirators, however, require a different pressure for even minor changes, such as a change from a hose with an inside

VOLUME 4 NUMBER 2 - APRIL 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Table 2: Required Operating Respirators Approval

No.

TC-19C-151

Pressures

of

Hose Length

Selected Pressure

8-300

TC-19C-234

(psig)

55-65 3/8"

I.D.

1/2"

I.D.

25-75

13-15

9-12

100-150

18-23

12-16

175-225

2-30

14-19

250-300

25-36

16-22

TC-19C-231

1/4"

NPT

Schrader

25

2.5-10

3.5-13

50

4-15

5-18

75

6-20

7.23

100

7-24

8-27

125

8-25

9-28

150

9.5-28

10.5-31

175

10-32

11-35

200

11-33

12-36

225

11.5-35

12.5-38

250

12-38

13-41

300

14-41

15-44

diameter of 3/8 inch to one that is 1/2 inch, or a change from a National Pipe Tread standard 1/4 connector to a Schrader model quick connect fitting. Changing the length, hose diameter or connector fittings on the latter two, without readjusting the air pressure, voids the NIOSH approval — worse yet, the user won’t be protected. This is an important factor in selection. Which model would make it easiest on the user? Notably, 29 CFR 1910.134 (d)(3) requires that breathing air couplings be incompatible with couplings used on other in-plant piping systems. This precaution is intended to prevent respirators from being inadvertently connected with other gases such as nitrogen, acetylene, oxygen or argon. Safety can be enhanced further by labeling and color-coding all pipes to indicate their contents.

EMERGENCY USE SCBAS OSHA standard 29 CFR 1910.134 (f)(2)(ii) specifies that SCBAs designated for emergency use be inspected monthly. Because the need and use of such emergency devices is unpredictable, they are required to be inspected at least every month to ensure they will be ready in the event of an emergency. However, when SCBAs are designated solely for confined

VOLUME 4 NUMBER 2 - APRIL 1994

space emergency response, it would be more practical to inspect them prior to initial entry into the space regardless of what the standard says. Confused? Well, consider this. Some plants distribute emergency-use SCBAs throughout the facility. These units are intended to be available immediately to trained employees in the event of an emergency, such as to escape a chlorine leak. They could also be used in an emergency to enter a hazardous atmosphere to plug a leak or close a shut-off valve. On the other hand, suppose that an SCBA is provided only for response to a confined space emergency, and that confined spaces are entered only one day quarterly, for maintenance or inspection, and only after any atmospheric hazards are determined and ventilated. The unit could be inspected prior to the scheduled initial entry and, if it was then found to be defective, the entry would simply be delayed until the defects were corrected. In this case, what practical benefit is gained by inspecting the unit monthly when it’s going to sit idle for two months, three weeks and four days out of each quarter (other than to avoid an OSHA citation)? It should be noted, though, that the standard is quite specific as to what must be inspected. The inspection must verify that air cylinders are fully charged and that the regulator and the end-of-service-life warning alarm are functioning properly. While the pressure can be checked by looking at the gauge, the SCBA maintenance manual must be consulted for instructions on testing the regulator and alarm. Oh, one more thing: you can’t have just one emergency SCBA. Together, OSHA standards 29 CFR 1910.134 (e)(3)(i-iii) require that a stand-by person equipped with “...suitable rescue equipment... .” be provided when respirator wearers could be overcome by an oxygen-deficient or toxic atmosphere. Think about it. When the person who needs assistance is already wearing an SCBA, the minimum level of protection a responder needs is also an SCBA, hence the requirement for at least two SCBA.

HYDROSTATIC TESTS OSHA standard 29 CFR 1910.134 (d)(2)(i) requires that compressed air cylinders be “...tested and maintained as prescribed in the Shipping Container Specification Regulations of the Department of Transportation (49 CFR 173).” The important thing to know about 49 CFR 173 is that it requires periodic hydrostatic testing. Hydrostatic testing is usually done by cylinder manufacturers, compressed gas service centers, or distributors of compressed gases. The first step in conducting the test is to bleed air and remove the control valve. Next, the cylinder’s interior is visually inspected for corrosion. If it passes the visual inspection, it is

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION filled with water and placed in a large water-filled vat. A high-pressure water line is attached to the neck opening and the cylinder is pressurized with additional water while sensitive gauges measure water displacement in the vat resulting from expansion of the cylinder walls. If the cylinder passes the hydrostatic test, it is marked with a date such as 10-89, 12-92, etc., to indicate the month and year the test was performed. The date is stamped into the bodies of steel cylinders. Composite cylinders, on the other hand, are marked with a label or stencil. The Department of Transportation requires that steel SCBA cylinders be tested every 5 years. Take a look at your cylinders: more than half of the ones I’ve seen in the field are out of date -- in some cases by as much as 10 to 15 years!

SCBA FLOW TESTING Respirator manufacturers recommend periodic flow-testing to assure that SCBAs are providing flow rates specified by NIOSH’s approval tests. While the recommended frequency for flow-testing varies from one to six years depending on the manufacturer, the procedure is essentially the same: attaching the SCBA to a test panel that measures the air-flow rate under specified conditions. Since NIOSH stipulates that respirators be maintained in accordance with the manufacturer’s recommendations, failure to perform flow-testing voids the respirator’s approval. Have you ever flow-tested your SCBA? If not, a sharp OSHA compliance officer may correctly consider your failure to be a violation of 29 CFR 1910.134 (b)(11).

SCBA REMOVAL With the promulgation of the OSHA confined space standard last year, there has been ongoing debate in emergency response circles about whether it is permissible to remove an SCBA backpack and pass it through a manhole to facilitate entry into a confined space. Let’s put an end to that debate right now. Recall that NIOSH requires that respirators must be used in accordance with the manufacturer’s recommendations and instructions. If a respira-

PAGE 20

tor manufacturer’s instructions allow removal, then it’s permissible; if they don’t, then it’s not. Again, a practical matter: No respirator manufacturer I know of publishes anything in instructions, training materials, users’ guides, etc. that says it’s okay to remove the backpack. So it seems pretty clear that removal of the backpack, even in an emergency, is a violation. Skeptics can call NIOSH’s certification branch in Morgantown, W.Va., and ask them. The number is (304) 284-5700. However, this legalistic interpretation doesn’t solve the problem of how to get a 30-minute SCBA bottle through a narrow manway. Prompted by the OSHA confined space standard, some manufacturers are developing SCBAs that can fit through small openings.

SUMMARY. Whenever possible, confined-space atmospheric hazards should be controlled by mechanical ventilation. If ventilation is not feasible, or if it can’t reduce contaminant concentrations to within acceptable levels, entrants may use respirators as their last line of defense. The fact that current OSHA standards are woefully outdated results in a few interesting paradoxes such as prohibiting some conditions that aren’t particularly hazardous-like wearing contact lenses while allowing others that are such as using hose-masks. If air supplied respirators are used, several special precautions must be taken. At a minimum, breathing air must conform to the Compressed Gas Association’s Grade “D” specifications, the most recent (1989) version of which specifies a maximum level of 10 ppm for CO. Air must be provided to the facepiece, hood or helmet only through lengths of hose and at operating pressures specified by the manufacturer. Respirator air-line couplings must be incompatible with other compressed gas fittings so that they can’t be interchanged. The air supply must be continuously monitored for carbon monoxide, and compressed air receivers must be sized to provide an adequate reserve supply in case of compressor failure. Regardless of the type of respirator, employers must have a comprehensive written program that includes provisions for: selection, use, worker training, fit testing, inspection, maintenance and storage.

VOLUME 4 NUMBER 2 - APRIL 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

SUSPENSEFUL SUSPENSION J. NIGEL ELLIS, PH.D., C.S.P., P.E. Occupational Health and Safety Volume 63, Number 3 March 1994, p. 38

Confined space requirements for emergency retrieval have left many safety professionals confused about procedures and equipment to use for a quick and safe rescue that beats the four-minute benchmark for extrication. Many important requirements for work safety were added with the OSHA permit-required confined space regulation issued in January 1993. None was more important than the consideration for extrication in the last few paragraphs of the standard 1910.146(k). It is here that OSHA calls for the following requirements for employers whose employees enter permit spaces to perform rescue services: 29 CFR 1910 146(k)(3) To facilitate nonentry rescue, retrieval systems or methods shall be used whenever an authorized entrant enters a permit space, unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant. Retrieval systems shall meet the following requirements: (i) Each authorized entrant shall use a chest or full-body harness, with a retrieval line attached at the center of the entrant’s back near shoulder level or above the entrant’s head. (ii) The other end of the retrieval line shall be attached to a mechanical device or fixed joint outside the permit space in such a manner that rescue can begin as soon as the rescuer becomes aware that rescue is necessary. A mechanical device shall be available to retrieve personnel from vertical-type permit spaces more than five feet deep. OSHA has intended to make other standards for fall protection applicable to confined spaces and is generally applying the 1910.66 Appendix C fall protection requirements to all industry and construction unless specific standards apply. Since harnesses are addressed only in 1910.66 Appendix C, this becomes the key standard until other industry standards are adopted. This is especially true in confined spaces because harnesses have always been the body support of choice. Over the last year in response to this standard, many organizations have invested in tripods, lifelines and winches for vertical entry. Many questions remain to be answered by OSHA concerning various confined space scenarios. Although some confined spaces are not appropriate for tripods due to size of opening or workplace geometry, lifelines

VOLUME 4 NUMBER 2 - APRIL 1994

and winches can be used with a variety of davits and brackets suited to the application and designed in the workplace. A mixture of rope rescue equipment coming from mountaineering, fire rescue and safety equipment manufacturers needs clarification as to its purpose in industry and construction. This article is designed to address the fundamental need to extricate a worker from a confined space due to heart attack, stroke or heat stress. If a four-minute limit is seen as the benchmark to stabilize or retrieve a worker from any foreseeable hazard or personal emergency, then it becomes obvious that most rescue within that time limit will become the domain of trained work crews, not trained rescue workers.

COMMON QUESTIONS Nothing is more welcome for a rescue team than to find they do not have to enter the confined space to bring out a victim. Therefore, the definition of fall arrest and retrieval equipment usable by work crews becomes a critical necessity. Eleven key questions are answered below as a result of discussions with OSHA and industry personnel. These answers are in lieu of any future OSHA Instruction STD on such systems or an OSHA regulation or an ANSI Z359 standard on Personnel Riding systems for confined space application. Questions typically asked by industry managers include: 1. Can retracting lifelines with integral two-way winches be used for access to and from confined spaces with or without lifelines? Emergency retrieval winches which are made integral in self-retracting lifelines must be for emergency and training use only. They are not to be used for ordinary/regular access suspension. A fall-arrest lifeline is not necessary for emergency retrieval operations. However, for retrieval demonstration and training sessions, winches must be backed up with an additional fall-arrest lifeline. 2. When do OSHA’s Boatswain’s Chair regulations apply to confined space entry? OSHA’s Boatswain’s Chair regulations are applicable to confined space access systems when the access is “top-to-bottom” without planned “stop-start” work suspension.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 3. Must access hoists for confined space use be UL listed/ classified to meet OSHA standards? Although UL certified products are available in the market, confined space “top-to-bottom” access hoists are not required to be UL listed/classified as a single-point adjustable suspension scaffold. A back-up fall arrest lifeline must be used with a confined space access hoist. Access hoists may be used for retrieval if they are practical for the situation. 4. What minimum size opening is permitted for entry using a harness to support a worker? A full-body harness may be used for narrow vertical openings 18 inches or less dimension. In such cases suspension means and fall-arrest lifeline can be attached to the same harness but at different locations on the harness. Thorough inspection routines must be followed for the harness stitching and wear points. Boatswain’s chairs should be used for suspension instead of harnesses when openings exceed 18 inches. A harness should additionally be used for fall arrest attachment to a lifeline. Boatswain’s chairs may be unsuitable for emergency retrieval use when confined space dimensions are less than 18 inch width. Proper training procedures are critical, and the four minute limit for retrieval/stabilization should be applied. 5. What is the depth limit for manual winching under emergency conditions? Winching over 50 feet manually is reasonable for atmospheres that are classified as not immediately dangerous to life or health (non-IDLH), based on lifting rate averaging 12 feet per minute. For possibility of heart attack or stroke, the time to lift a victim to the opening reasonably should be less than four minutes. When powered features such as pneumatic or electric power are used in a confined space with a boatswain’s chair or a harness, a manual back-up mode is required. A torque-limiter is needed on the power system for lifting to avoid placing high forces on a victim snagged on an obstruction. 6. Can a single tripod be used for access and lifeline support? A single tripod may be used for both a vertical entry access support and a fall arrest lifeline anchorage. Tripod attachments must be reasonably independent of each other or without a recognized failure mode based on the opinion of a qualified person. 7. What is the proper strength of tripods and lines for this application? A tripod must have minimum ultimate strength of 3,600 pounds for fall arrest and access use. Under fall arrest conditions, the tripod must have a safety factor of at least two, documented by the manufacturer or a qualified person. The 3,600 pound minimum meets ANSI’s Z359 I anchorage requirement. All tripods used for confined space access and retrieval must be the “Iocking-leg” type to reduce the opportunity for collapse by lateral movement at the surface such as during victim movement away from the opening.

PAGE 22

Chains at the base of the legs are only required when the manufacturer’s conditions for meeting OSHA anchorage strength requirements cannot be achieved without such support. Chains may present a tripping hazard unless they are slack. Tripods can sometimes be bolted to large diameter flange vertical sloped openings. A davit system should be used for vertical openings which exceed tripod manufacturers’ limit for use. Wall mount, floor mount, drum mount and truck trailer hitch mounts are available options. At least three feet of head room is required in order for a rescuer to access a victim under the armpits from a reasonably secure and stable position. Lines used for fall arrest should be 3,600 pounds minimum strength. Lines used for rescue should be 2,650 pounds minimum strength. Lines used for work positioning under the UL requirements for scaffold hoists should support 6,000 pounds minimum. 8. What anchorage point should be used when a tripod is not applicable? A seven-foot high tripod or quadpod may be useful for vertical openings up to 36 inches in diameter, if feasible with the tripod design. Larger vertical openings such as vaults with rectangular doors require davit systems. Horizontal openings require system or rescuer evaluation of the hazards to avoid abrasion injuries as a result of sliding when pulling to retrieve. 9. How should confined space attendants be protected from falls? Attendants should be protected from falls into vertical access manholes within six feet of an opening greater than 12 inches in diameter. If the chosen anchorage is a tripod, then the tripod must be secured from moving if accidentally pulled laterally. 10.Should entrants always be attached to a lifeline? Entrants should be attached to a lifeline when the lifeline can arrest a fall safely. However, when the lifeline is angled such that a potentially injurious swing fall can be produced, then the usage is incorrect. Any lateral movement while walking more than five feet from the vertical edge of the entranceway (or when the lifeline touches any obstruction should not be permitted under most work scenarios unless a second attendant who is a concurrent entrant is present and within easy reach of the entrant(s) who have a work purpose. Entrants making lateral movement can be detached from a fall arrest lifeline or rescue lines. A means of moving a victim under a vertical opening should be devised before a rescuer re-attaches a retrieval line for emergency lifting. Capacity to retrieve more than one worker within a reasonable time will be based on preplanning the use of equipment to suit the number of entrants and particular features of the specific confined space. 11.Should access hoists / winches be used for suspending loads?

VOLUME 4 NUMBER 2 - APRIL 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION A hoist designed for lifting or lowering a worker may be used to lift or lower a load such as a pump up to the rated safe working load limit. An emergency backup winch also serving as a lifeline can be used for lifting a nominal load (such as tools) in an emergency up to 310 pounds total weight. It is vital that all loads be known. Any load over 310 pounds or any type load repeatedly lifted should meet OSHA material handling requirements. A load should not be permitted to be lifted above a worker if there is any reasonable possibility that it could fall and strike the worker. For difficult situations involving stable loads, load fall arrestors are available for a back-up.

DISCUSSION Permit-required confined space entrants need to wear harnesses when depth exceeds five feet and should be extricated or stabilized within four minutes of an incident (usually before emergency responders arrive at the scene). Fall arrest equipment and emergency retrieval equipment must be carefully chosen to meet these requirements. Manufacturer instructions for fall arrest and emergency retrieval require some or all of the conditions below for use and may be the basis for supporting OSHA 5(a)(1) citations. Combinations of equipment features are discussed as follows: Harness Systems: The OSHA 1910.146 standard published on Jan. 14, 1993, is titled, “Permit-Required Confined Spaces for General Industry.” The standard requires that employers subject to general industry standards designate whether a confined space is permit-required or not permit-required. Permit-required confined spaces over five foot depth are required to have harness systems available with a mechanical device for the purpose of emergency retrieval should the occasion require it and if it is practical to do so. Training is required at least annually. Fall arrest systems are expected to be cross-referenced in a future general industry OSHA standard. There are no requirements specified in the 1910.146 for the emergency winch (mechanical device) except that 1:1 manual pulling power is inadequate for retrieval. Some mechanical advantage is implied and although the OSHA minimum limit of 4:1 mechanical advantage was withdrawn from the draft standard, this or a higher mechanical advantage is appropriate. The ANSI Z117.1-1989 standard on Confined Spaces contains 12.3.1: “Fall Arrest Systems shall be worn by personnel entering confined spaces as determined by a qualified person (sic). “In combination with the OSHA 1910.146 requirement and ANSI Z359.1, this indicates that harnesses should be full-body type and not chest harnesses for a dual fall arrest and retrieval use. Emergency retrieval from vertical entry confined spaces becomes much more difficult when the size or shape of the opening decreases below 18 inches in diameter, which is a typical width of shoulders or pelvis. Although widths as low as

VOLUME 4 NUMBER 2 - APRIL 1994

13 inches are known in industry, the range of possible rescuers decreases dramatically and the time needed for rescue increases dramatically. The four-minute rule for extrication appears to be a reasonable guideline for training purposes to determine whether the method of entry is valid and whether a non-human method of accomplishing the task is feasible. Some self-retracting lifeline fall arrest devices have integral winches designed for activation for emergency retrieval. Two questions arise: Can winches be used as a means of access to raise or lower workers when the winches’ primary purpose is for emergency retrieval? Can these winches be used without a lifeline? The answer is “no” to both questions. These integral winches cannot be used for regular access because of design limitations. A single line support on such devices is only permitted for the emergency retrieval purpose. A back-up lifeline should be used whenever training is planned and conducted. If an employer wishes to use a two-way (up/down) retracting lifeline integral winch for ordinary (regular) use vertical access (with an additional lifeline) then he should consider whether the manufacturer endorses that type of regular use. Proper Access. Must access hoists be UL Classified (or equivalent) for confined space personnel use? OSHA has no requirements for access hoists or winches for personnel use into or out of confined spaces at this time. Searching for relevance into current OSHA regulations, the 1926.451 and nearly analogous 1910.28 scaffolding regulations are the closest applicable standards to apply. OSHA’s proposed scaffolding rule 1910.30(c)(2) can also be considered. The current standards should be considered, if relevant: • 1926.451(k) and 1910.28(i) Single-point adjustable suspension scaffolds The wording of the standard indicates an assumption that a cage or basket is integral with the hoist, and railings are to be provided. The equipment is to be used in accordance with the manufacturer’s instructions thus presumably requiring each user to have a lifeline. The construction standard particularly requires a type tested and listed by the Underwriters’ Laboratories or Factory Mutual Engineering Corp. The General Industry standard calls for testing and listing by a nationally recognized testing laboratory consistent with 1910.7 (and 1910.399 Subpart S Electrical). • 1926.45I(j) and 1910.28(l) Boatswain’s Chairs The wording in the standard addresses a seat supported by slings attached to a suspended rope designed to accommodate one workman in a sitting position. No requirements are made for the hoist system employing such a seat. A lifeline is required. Both OSHA sets of standards reference the A10.8-1969 construction industry standard. The ANSI standard applicable for hoists and boson chairs is currently the A10.8-1988. The Underwriters’ Labs have also prepared test method standard UL 1323 for scaffold hoists used for personnel lifting

PAGE 23

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION based on the OSHA and ANSI A10.8 standards. UL-classified, manually operated winch systems are labeled as to load capacity only but not with regard to the application such as for confined spaces. UL is silent on the suitability for a particular application. OSHA’s proposed standard 1910.30(c)(2) calls for 1/4" diameter cable for suspension ropes for scaffolds. Suspension Issues. The question is which rule, if any, governs suspension. Since the use of a hoist/winch for personal Iifting/lowering in a harness or seat constitutes boatswain’s chair operations, the latter regulations should rule. However, there is no guidance for the winch or hoist in that section of the standards for either 1910 or 1926 standards. Thus we are forced to make a prudent selection. The selection is based on whether the winch/hoist should comply with the single-point suspension scaffolds requirements for testing by a nationally recognized test laboratory. This is for situations when the winch/hoist is used for access alone “top-to-bottom.” Seat or harness confined space operations are usually for only brief suspension. Most confined space access, for example in sewers, is from “top-to-bottom” or vice-versa, fitting that brief time usage. Consequently, access only does not require that the winch/hoist meet the requirements of 29 CFR 1910.28(i) or 29 CFR 1926.451(k). However, if the winch/hoist is used on a repeated basis to provide work positioning stopping regularly at points along the way and this is the regular (not occasional) use of the winch/ hoist, then this constitutes “stop-start” operations. Thus, there is more of a need to comply with OSHA scaffold standards for a single-point adjustable suspension scaffold in this case. Examples are sewer brick repair and tank cleaning. UL Standard 1323 defines manually powered hoists as hoists in which the lifting power is derived directly from the operator. This is very rarely the case in permit-required confined space operations where the required attendant would be the primary operator of the winch/hoist in most tripod or davit systems in use today and certainly if the emergency retrieval feature is integral. Access with or without ladders/stairs/steps - A fixed or portable ladder or steps are often provided in vertical openings for manholes requiring access for maintenance. With a larger opening, stairs are sometimes practical. In such cases, an access hoist is not necessary for personnel use. However, a retrieval line is required by OSHA. A fall arrest lifeline (preferably with a retrieval line) is a candidate for use in vertical entries, even though ANSI A14.3-1992 on Fixed Ladders does not require a ladder safety device for ladders up to 24-foot depth. This is because ANSI Z117.1 Confined Spaces requires the wearing of a fall arrest system by an entrant as determined by a competent person. Where no ladder, stairs, steps or a reliable feature in the confined space are provided for stepping and holding, then a boatswain’s chair or harness and hoist is reasonable. A separate lifeline and retrieval capability is still required.

PAGE 24

Confined space opening size 24 inches or more - An ideal opening should have a three-foot minimum dimension at any point in the confined space where a worker may travel. During maintenance operations in distillation columns and vessels with catalyst trays, the opening should lead to a vertical space so that workers in will not be trapped with a circuitous route for retrieval which could compromise the safety of a first responder. New designs should not have less than a 30-inch minimum clear dimension. Boatswain’s chairs appear practical for most openings greater than the 24-inch minimum dimension. A separate discussion is required for manways and horizontal openings. Openings 18 inches to 24 inches in dimension - For openings larger than 18-inch minimum dimension, a boatswain’s chair or seat should be practical for the temporary support of one person up or down a manway, shaft or column. Harnesses should not be used for vertical suspension when the confined space minimum dimension exceeds 18 inches. The nature of both a harness support or seat support is confining, inflexible and unsuitable for a long confined space suspended workstation except under unusual work conditions. Openings less than 18 inches in dimension - Vertical openings less than 18 inches may be only accessible by harness suspension requiring dual use for both suspension and lifeline support, which OSHA has indicated (based on personal communication with the author) it would accept. Harnesses used for both suspension and fall arrest use must be inspected by a competent person after each session of use for unusual wear and tear and to reorganize the straps if necessary. Confined space openings and passageways narrower than 18 inches dimension should only be used for entry when crew or on-hand emergency response personnel can be reasonably sure that workers can be extricated or stabilized within four minutes of incident occurrence. This must be determined through discussion and training. If this test cannot be passed, automatic or mechanical means for accomplishing the work must be sought without an entry being made. Unorthodox entry methods - Headdown suspension by the feet, or suspension by the arms using wristlets and other such methods are unreasonable for entering confined spaces because of improper support for the worker’s body. This principle applies no matter how short the entry period or its purpose. The only exception could apply in special situations for which a worker has been specifically trained and where the procedure is properly documented.

SUMMARY Confined space fall arrest systems should meet the requirements of 1910.66 Appendix C and ANSI Z359.1-1992 until OSHA standards are fully in place by specific industry. Fall arrest systems combining or integrating emergency retrieval devices must be chosen carefully to meet the needs of

VOLUME 4 NUMBER 2 - APRIL 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION a specific confined space category, selected work method, the number of entrants, the degree of work crew and attendant training and the proximity and readiness of on-site or off-site rescue teams. Regular training cannot be overemphasized. OSHA permit-required confined space programs call for identification and evaluation of permit spaces before entry. Collapse from heart attack, stroke and heat stress inside any type of confined space should also be addressed by employers.

VOLUME 4 NUMBER 2 - APRIL 1994

The Z359 committee is just beginning work on Z359.2, Positioning and Restraint Systems, and Z359.3 Personnel Riding Systems standards. Until a standard is developed for confined space access hoists, all hoists should be suited for their intended purpose of human lifting/lowering and backed up by a lifeline independent of the hoist mechanism, cable and seat. Access hoists should be designated top-to-bottom type or stop-start type to determine proper specifications.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

THE CLAY POT METHOD OF MAKING AMPHETAMINE JOHN HUGEL, B.SC. Health Canada, Health Protection Branch Drug Analytical Services Laboratory 2301 Midland Avenue Scarborough, Ontario M1P 4R7

INTRODUCTION Recently, the Ontario regional laboratory of Health Canada investigated a laboratory where speed was allegedly being made. The reaction vessel consisted of a clay pot containing a reddish liquid. The clay pot was itself in a clear liquid contained in a glass beaker. Two electrodes, one in the reddish liquid and one in the clear liquid, were connected to a DC voltage generator. The reddish liquid consisted of amphetamine, phenyl-2propanone (P-2-P), P-2-P oxime, water, sulphuric acid, methyl acetate, and methanol. The clear liquid consisted of sulphuric acid and water. Residues of β-methyl-β-nitrostyrene (MNS), and 7 L of benzaldehyde were also found on the premises. This information fit the clay pot method styled after the work of Gordon Alles [1-3]. In order to confirm that this was the method used in this clandestine laboratory, the synthesis was repeated.

EXPERIMENTAL Alles’ [1] method was followed for reaction 1 [Fig. 1], except that n-butylamine was used instead of pentylamine. 10.6 g of benzaldehyde, 7.5 g of nitroethane, and 0.7 g of n-butylamine were added to a coloured Erlenmeyer. The solution remained a clear yellow colour. After one week, a second liquid phase (probably water) was observed. After 4 weeks (minimum 2 weeks, warming may be necessary to obtain a homogeneous solution [1]), 25 ml of ethanol was added. The solution was cooled in an ice bath. Light yellow crystals formed which were vacuum filtered, washed with cold ethanol, and dried under vacuum. Yield was 10.4 g (65% of theoretical) of MNS. Reaction 2 [Fig. 2] was performed as specified by Alles [1] except that methanol was substituted for ethanol. For the DC supply, the generator seized at the laboratory was used. 32.6 g of MNS, 200 ml of methanol, 100 ml of acetic acid, and 100 ml of 12N sulphuric acid were added to a 1.4 L capacity clay pot. The pot was placed inside a 19 cm diameter glass crystallizing dish which contained 750 ml of 3N sulphuric acid. Two lead electrodes were attached to the voltage generator. The electrode in the clay pot was attached to the cathode, the electrode in the 3N sulphuric acid solution to the anode. 17 volts DC was applied to the electrodes. The current, as measured on

PAGE 26

the voltage generator, began at 7 amps and rose slowly to 10 amps. The temperature of the reactants was held, by means of a submersed water cooling coil, between 30° and 45°C. When the volume of the clay pot reactants dropped more than 150 ml, a further 50 ml acetic acid, and 100 ml of methanol were added. Similarly, the anolyte volume was monitored and more 3N sulphuric acid added as needed. After 5.5 hours, the reaction was terminated. The clay pot solution was then added to an equal volume of water, extracted with chloroform, and the chloroform evaporated to yield 8.7g of P-2-P (32% of theoretical). The aqueous solution was made basic with ammonia, extracted with chloroform, and the chloroform solution evaporated until about 15 ml remained. Hydrochloric acid was added to that solution until it was acidic. The solution was then heated to 135°C to yield 7.7 g of amphetamine HCl (22% of theoretical). The second reaction was repeated starting with P-2-P oxime instead of MNS. The reaction products were P-2-P and amphetamine, in about the same ratio as when MNS was the starting material. The outlined methods do not represent an effort to optimize reaction conditions for amphetamine yield.

DISCUSSION The second reaction initially forms P-2-P oxime by cathodic reduction. The oxime is generated in situ, and can be isolated by normal extraction techniques, as long as the reaction has not gone to completion. The P-2-P oxime can then further be reduced by cathodic reduction to amphetamine or be hydrolysed to P-2-P [4,5]. The original paper by Alles [1] gives a yield of 20% amphetamine (P-2-P was not mentioned). Apparently, by adjusting the DC current, yields of 40% amphetamine are possible [4]. The clay pot method appears to be uncommon in North America, is well known in Sweden [4], and is occasionally encountered in the United Kingdom [6].

ACKNOWLEDGMENTS: The assistance of Roger Ely, John Bowden, and Jane Palmborg is gratefully acknowledged.

VOLUME 4 NUMBER 2 - APRIL 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION REFERENCES:

3. Alles, Gordon A., “Salts of 1-Phenyl-2-aminopropane,” United States Patent 2,879,003. 4. Palmborg, Jane, Personal communication. 5. Tindall, John B., “Process for the Reduction of Nitroolefins,” United States Patent 2,636,901. 6. King, Leslie A. and Glasgow, Stuart, “Clandestine Laboratories in the UK,” Journal of the Clandestine Laboratory Investigating Chemists, Volume 4, Number 1, 1994, pp. 19-20.

1. Alles, Gordon A., “dl-Beta-Phenylisopropylamines,” Journal of the American Chemical Society, Volume 54, 1932, pp. 271-274. 2. Kalchik, Mark F. and Ely, Roger A., “A Review of the Syntheses and Analyses of Phenyl-2-propanone, Amphetamine, and Methamphetamine. A Collection of Scientific Literature and Reaction Information. Amphetamine Synthesis #2-A.,” Presented at the Third Annual CLIC Technical Training Seminar, Sept. 7-11, 1993, Memphis, TN.

Fig. 1.

Reaction #1 H CH3 O

benzaldehyde

Fig. 2.

+

H3C

NO2

NO2 β-methyl-β-nitrostyrene (MNS)

nitroethane

CH3

Reaction #2

cathodic reduction

NH2

CH3

CH3

amphetamine

cathodic reduction

NO2 MNS

N

CH3

OH P-2-P oxime

hydrolysis

O phenyl-2-propanone

VOLUME 4 NUMBER 2 - APRIL 1994

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CLANDESTINE SYNTHESIS OF 3-METHYLFENTANYL VLADIMIR I. SOROKIN, PH.D. Ministry of Internal Affairs of Russia Criminalistics Center Raspletina St., 12 123060, Moscow, Russia At the end of 1992 law enforcement officials uncovered a criminal group engaged in the manufacturing and trafficking of the narcotic drug 3-methylfentanyl. 3-Methylfentanyl, manufactured by this group, was sold in sealed glass ampoules and looked like a colorless, pellucid liquid. Such ampoules are used in Russia for different solutions of medicinal drugs such as procaine, procaineamide, and sterile water. These ampoules are absolutely alike and differ only by the inscription. The inscription says what medicinal drug is sealed in the ampoule. In the clandestine laboratory, the ampoules were opened, drained and filled with the solution of 3-methylfentanyl. The ampoules with the volume of 5 ml were used for the purpose, but sometimes ampoules with a volume of 10 ml were used. We don’t know for what reason, but mostly ampoules used to hold procaine were used. As was revealed by gas chromatography and mass spectrometry 3-methylfentanyl was present in the solution in the form of the two geometrical isomers trans-3methylfentanyl and cis-3-methylfentanyl. The strength of the cis-3-methylfentanyl in the solution was 0.0024% and the trans-3-methylfentanyl was 0.0012%. Besides that, the traces of the drug previously kept in the ampoule could also be found in the ampoule. Obviously, the ampoules were not thoroughly drained. The synthesis of 3-methylfentanyl was performed by four students from several chemical colleges of Moscow and Kasahn. For these purposes, they rented flats in the towns of Zelenodolsk and Moscow. After the manufacturing, they took the drug to the town of Gyandge (Azerbaidgan) and filled the ampoules with it. Two of the students were winners of the Russian and International chemical contests. Prior to manufacturing the 3-methylfentanyl, the group was engaged in manufacturing another narcotic drug, methadone, which was sold in the same ampoules as the 3-methylfentanyl. The idea of 3-methylfentanyl production was prompted to them by a book published in Hungary and translated into Russian. The title of the book is “Chemistry in Criminalistics” [1]. The book describes the identification of a new narcotic drug, α-methylfentanyl by American criminalists

PAGE 28

and known under the name of “China White.” In the same chapter of the book the chemical formulas of α-methylfentanyl and 3-methylfentanyl were given and it was said it was a very strong narcotic drug. Based on the formula, the chemists from the criminal group developed the technique of 3-methylfentanyl synthesis. The scheme of the synthesis is given below. The criminals studied several techniques of 3-methylfentanyl syntheses [2-4], but they rejected the last two methods because of the difficult procedures of synthesis, but they introduced significant changes in the first technique as they had no phenethylamine. As it is seen, some stages of the given scheme practically don’t differ from the well-known procedure [2] but because of the absence of phenethylamine they used benzylamine, which splits off at the end of the synthesis with phosgene. Phosgene was obtained from oleum and carbon tetrachloride. This example clearly demonstrates that today in Russia any type of synthetic drugs synthesized in clandestine labs can appear on illegal market, such drugs as derivatives of fentanyl, phencyclidine, and LSD; though only 5-7 years ago the only narcotic drugs sold on the illegal market were methcathinone, methamphetamine, amphetamine, and trimeperidine.

REFERENCES 1. Leisztner Laslo-Bujtas Piroska, “AZ ANYAG VALLOMASA BUNUGYBEN PRIZMA,” Muszaki Konyvkiado, Budapest, 1985 2. Clandestine Laboratory Guide for Agents and Chemists. Supplemental Transmittal, Drug Enforcement Administration, U.S. Department of Justice, 1984, Number 1, pg. 125h. 3. Van Bever, Willem F.M., Niemegeers, Carlos J.E., Janssen, Paul A.J.; J. Medicinal Chemistry, Volume 17, Number 10, 1974, pp. 1047-1051. 4. Riley, Thomas N. and Hale, Danny B.A., US Patent #3923992.

VOLUME 4 NUMBER 2 - APRIL 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

O

O NH2

+

H2C

NH

O CH3

CH3

(CH2)3CH3

O NH

CH3

H2C

+

O

(CH2)3CH3

COOCH3

CH3

COO(CH2)3CH3

CH3

Na

PhNH2

PhCH2N

COOCH3

CH3

O

PhCH2N

NPh

CH3

CH3 NaBH4

PhCH2N

COO(CH2)3CH3

N

CH3

CH3

N

(CH2)3CH3

O O

CH3

O

CH3CH2COCl

PhCH2N

NPh

NHPh

PhCH2N

NCOCH2CH3

COCl2

Ph CH3

CH3

CH3

H2O

ClCON

NCOCH2CH3 Ph

VOLUME 4 NUMBER 2 - APRIL 1994

HN

NCOCH2CH3 Ph

PhCH2CH2Br

PhCH2CH2N

NCOCH2CH3 Ph

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

AN OVERVIEW OF THE MEXICAN NATIONAL LAB SITUATION DAN LARGENT, SPECIAL AGENT SUPERVISOR California Bureau of Narcotic Enforcement - Redding Regional Office 3688 Avtech Parkway Redding, CA 96002

The availability of the precursor chemical ephedrine in California has rapidly increased with the availability of the chemical in Mexico. In the past few years, word has spread quickly in the Mexican drug community of the value of ephedrine as a precursor for methamphetamine manufacture, causing it to become a significant smuggling commodity. Thus, the price of ephedrine has begun to drop in the U.S. Good quality hydriodic acid (HI) is apparently unavailable in Mexico and its value is increasing rapidly. Mexican traffickers are willing to pay up to $20,000 per five gallon drum of HI. Recent investigations indicate violators are seeking chemicals from other states such as Washington to the north, Nevada and Arizona to the east and from Canada. HI is available in Washington state for $1600 to $1800 per five gallons. In Canada, HI is selling for $1000 per gallon. Ephedrine is obtained in the interior of Mexico (Guadalajara area) and smuggled to the U.S. through well-established Mexican smuggling routes. Neither Mexico or Canada have laws or reporting requirements for the sale, possession or transport of ephedrine. While some ephedrine is entering the U.S. from Canada, most is coming from Mexico. Mexican national methamphetamine laboratory operators are going to Mexico to obtain large quantities of ephedrine and, more recently, HI. HI is now being clandestinely produced in the interior of Mexico and smuggled into the U.S. This is evident due to recent seizures at the Port of Entries (POE) at San Ysidro and Otay Mesa. The Mexican drug organizations have become polydrug distributors. This is a result of street demand and their own intelligence that manufacturing methamphetamine is relatively easy with a huge demand in the U.S. (specifically California) and the availability of the precursor ephedrine in Mexico. In an interview with a Mexican national lab operator in L.A., he said the cookers started to gather knowledge and operational tactics from the State of Michoachan, Mexico. It all started in a little town called La Luana, where the profits of methamphetamine trafficking began to be seen when the “Cowboy Cooks” would be seen driving brand new fancy pickup trucks and flashing around a lot of cash. There presently is an effort by Mexican legislators to get a chemical control act through the Mexican Congress. Most of the ephedrine available in Mexico is produced in the Peoples Republic of China (natural ephedrine) or Germany (synthetic ephedrine) and shipped by vessel to Mexico. The shipping route

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of the ephedrine is from China to Hamburg, Germany and then on to Veracruz, Mexico. It is unknown who or how the ephedrine is ordered from China. The ephedrine is brought to the port of Veracruz via ship from China/Germany, then to Mexico City, and on up to Guadalajara. It is repackaged in Guadalajara and then sent north into the U.S. Since January, 1993, Mexican officials have seized 7 metric tons of ephedrine in the interior of Mexico, including 2,939 kilograms of ephedrine and 3,000 kilograms of pseudoephedrine. Recently the Mexican Federal Judicial Police (MFJP) seized 2,600 kilograms of ephedrine in a raid in Guadalajara, Mexico. Although there have been large seizures of ephedrine in different parts of Mexico, officials there may not know what they’ve seized due to the lack of training in what to look for. Still, hundreds and hundreds of pounds of ephedrine get through to the U.S. Since February 1992, there have been numerous seizures of ephedrine in the San Diego District at San Ysidro and Otay Mesa. These seizures represent a major increase of border seizures and have caused a marked effect on the availability of methamphetamine in California, generally among Hispanic traffickers. The ephedrine is smuggled across the border in vehicles and sold to chemical brokers who store and resale the ephedrine. The Mexican violators are involved in both the purchase and distribution of ephedrine and other precursor chemicals, as well as the operation of methamphetamine labs. These same brokers utilize “chemical mules” (within the U.S.) to travel to chemical supply firms and purchase HI, freon, red phosphorus, glassware and heating mantles. These “chemical mules” often make numerous purchases each month and receive a commission of $200-1000 for each purchase. These “chemical mules” are usually white males or females without criminal records. The brokers resell the chemicals in turn to the manufacturers who operate the laboratories. The lab operators and/or traffickers receive the ephedrine in Southern California in order to manufacture methamphetamine and/or resell the ephedrine for large profits. Ephedrine sold on the black market in the San Diego/Southern California area sells for $600-1000 per pound. Customarily, 55-pound drums are selling wholesale from $20,000-55,000. Mexicans nationals who are caught with ephedrine in Mexico use a variety of excuses for having the substance. One of these is they use the ephedrine to make chickens (poultry) lay eggs

VOLUME 4 NUMBER 2 - APRIL 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION quicker. THIS DOESN’T WORK! Ephedrine IS used in the production of antibiotics for poultry. It is used to make a biotin product. Poultry are very susceptible to a disease called Aspergillosis, a fungus which causes lesions on the lungs, brain and other parts of the body. The biotin antibiotic is used to decrease the possibility of the chicken getting the disease. The excuse the ephedrine is being used for the purpose of controlling this disease is wrong because the process uses the d-isomer of ephedrine. The biotin product is also extremely difficult to make with the reaction being analogous in difficulty to the manufacturing LSD. Trying to concentrate on seizing large amounts of ephedrine and drugs in general is a difficult job for Customs and the Border Patrol. Customs agents working at the POEs are required to allow 120 cars per hour per agent (30 seconds per vehicle) to pass into the U.S.; with 24 lanes of traffic coming into U.S. This does not allow much time to make a determination regarding the possibility of a particular vehicle being involved in smuggling activities. The Border Patrol is tasked with a huge migration of illegals on a daily basis. As an example of the work load at the border, 561,000 illegal aliens were arrested last year crossing over into the U.S.! On the Mexican side of the border there is an attempt to assist in solving the problem. The Mexican President has just recently created a new law enforcement agency in an attempt to deal with the drug problem called the National Institute for Drug Combat (NIDC), supposedly to be Mexico’s answer to the U.S. DEA. They just graduated their first 100 cadets who are paid good salaries and benefits. Their headquarters is in Mexico City. Intelligence sources indicate, however, Mexican drug cartels are buying up trucking companies due to the North American Free Trade Agreement (NAFTA). Former well-established trucking companies with clean Customs records will be used to bring chemicals and drugs into U.S. The route of entry is purported to be from Guaymas (Port in the state of Sonora) to Hermacio on into the U.S. at the POE at Tucson, Arizona and in the southern California POEs. There already exists railroad lines from Guaymas to Nogales and Mexicali. The same sources have indicated there is a consortium of investors from Japan/ Korea/Hong Kong/Taiwan, investing $10 billion to increase the amount of merchandise that can flow through the port of Guaymas. Once the ephedrine has been smuggled into the U.S. and brokered out to the lab operators, the process of manufacturing becomes a real challenge to U.S. law enforcement. The chemicals and laboratory equipment are backpacked into extremely remote regions of San Diego County and north as far as Fresno, California by illegal farm laborers. The laboratories are set up using generators for electricity under tent-type structures. Often the Mexican workers at the lab sites will bury lab chemicals and apparatus in the strangest of places, i.e., under horse stalls. Following the “cook,” the site is abandoned. Other laboratory sites are rental property involving an absent landlord who leases the property to farm laborers. The labs have also moved into

VOLUME 4 NUMBER 2 - APRIL 1994

northern California. Mexicans lab operators moved north in California in June 1992 because law enforcement was getting so hot in southern California they were paying up to $14,000 to rent a space to “cook.” During this time, they realized they had relatives or acquaintances in the Greater Fresno Valley as farm laborers and they could get sites to “cook” at for around $2000-3000. One particular Mexican national “cook” who was interviewed said that he would tell his men to act like they were farm laborers in everything they did. He told them to work on weekends because police didn’t work on weekends. They were well aware of the drunk driving programs in California and were told not to drive at night, and certainly not to drink and drive at night with apparatus and chemicals. They also would contract with illegals to get rid of the waste from labs. Depending on how much they paid these illegals would depend on how the waste was ultimately disposed of. For a small sum of money the waste was dumped on the side of the road. If more money was paid, greater steps were taken to dispose of the waste, such as burying. The interview provided another interesting insight. Apparently for years the Mexican farm laborer has been provided certain phone numbers to call in order to find out where farm labor was needed once safe migration is accomplished into the U.S. There now exists a similar set-up to learn of work in clandestine labs in the U.S. Once the call to a specified number is made, the “farm laborer/clan lab assistant” is directed to go to an area and make contact with a certain person. It is also not uncommon for one lab operator to go to another lab operator and ask to borrow one of his laborers for the night to stir a pot or watch a reaction. They consider this to be very much like a job, like a farm labor operation. The workers are paid as much as $200 per night for such work. As a result of numerous Mexican national labs being seized in California, and the length of prison sentences being levied on the operators, many have moved their operations south of the border. Intelligence indicates methamphetamine is being produced in several locations in Mexico, including San Luis, B.C., Rosarita Beach, Hermacio, Tijuana, Mexicali, and Tecate, Mexico. There also have been recent seizures of HI at the POEs, indicating HI is also being clandestinely manufactured in Mexico. During recent months, there have been several significant seizures of methamphetamine being smuggled into the United States from Mexico. These seizures indicate the growing presence of large-scale clandestine laboratories operating in Mexico. On March 14, 1993, two Mexican nationals and an Hispanic male claiming to reside in the Los Angeles area were arrested by U.S. Customs officials attempting to smuggle 47 pounds of methamphetamine into the U.S. San Ysidro POE from Tijuana, Mexico. On June 28, 1993, a male Mexican national was arrested attempting to smuggle 70 pounds of methamphetamine into the U.S. San Ysidro POE from Tijuana, Mexico. Both methamphetamine seizures were submitted to the DEA Southwest Laboratory in National City, California (DEA-SWL) for

PAGE 31

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION analysis. Forensic chemists at the DEA-SWL indicated the methamphetamine in both seizures had a dark, reddish color. DEA-SWL chemists suggest the color may be attributed to the presence of residual iodine in the finished methamphetamine. DEA-SWL chemists explained if methamphetamine is manufactured and extracted properly, the iodine would normally be consumed and would not be present in the finished methamphetamine. It has been rare to find the presence of iodine in finished methamphetamine manufactured in the United States. DEA-SWL chemists also determined the packaging of the methamphetamine in these two seizures were similar. In both seizures, the exterior of the packages were wrapped in gray duct tape and the interior consisted of a plastic bag containing the methamphetamine. The 70 pound seizure also had aluminum foil wrapped in between the outer duct tape and the inner plastic bags. This form of packaging methamphetamine has been observed by the San Diego Clan Lab Enforcement Team and, more recently, by the Redding BNE Office. In addition to large methamphetamine seizures at the San Ysidro POE, U.S. Customs recently made several seizures of multi-gallon quantities of HI. In one seizure, the HI was contained in radiator coolant plastic bottles, further hidden inside a false gas tank. Other seizures have found HI secreted in red plastic gas cans and in stainless steel gas tanks. On January 1, 1993, California enacted very strict amendments to its chemical control laws. These amendments made HI a precursor chemical requiring licensing and reporting. It is believed this law, which has reduced the availability of HI in California, is the mitigating factor that forced Mexican lab operators to start making HI in Mexico. This might explain a recent U.S. Customs seizure of 40 pounds of iodine crystals and 110 pounds of red phosphorus being smuggled into Tijuana, Mexico from San Ysidro, California. DEA-SWL chemists indicate the clandestine procedure to manufacture HI is to utilize a mixture of iodine crystals, red phosphorus and water; or a combination of a “strong acid” (usually hydrochloric acid/muriatic acid) and iodine. Iodine and “strong acid” are easily obtained from commercial sources. One of the seizures made at the San Ysidro POE was discovered in the gas tank of a truck entering the United States from Tijuana, Mexico. In another case, a Mexican male was arrested with 11 gallons of HI in the gas tank of a late model van. The Mexican male said he was paid $70 to drive the van across border. He said he didn’t know the person in Mexico who asked him to drive the van, and he didn’t know the acid was in the gas tank. A second seizure of HI was found in a red plastic gas can carried by two illegal aliens. The latter seizure resulted in two Border Patrol agents receiving chemical burns from the HI. As is known to clandestine laboratory investigators, HI is an extremely dangerous chemical. Customs and Border Patrol agents were not familiar with the HI and the dangers it presents. As a result of this new smuggling trend, chemists from DEA’s DEA-SWL laboratory recently provided training to Customs agents. It is believed that, as a result of that training, another

PAGE 32

seizure of HI was made the very next week in November 1993. The Customs agent said a Mexican family was stopped when he noticed a plastic red gas container in the vehicle. When the Customs agent attempted to lift the container, he noticed the extreme heavy weight, an indicator of HI. He also was thankful for the training as he said he would have taken the cap off and attempted to identify the contents by smelling had he not received the training. DEA-SWL chemists also indicated it is possible the methamphetamine in the 70 and 47 pound seizures were manufactured with clandestinely produced HI, causing the presence of iodine and the reddish color. This theory is supported by the significant increase in the sales of iodine crystals from chemical supply stores in California. According to the California Bureau of Narcotic Enforcement (BNE), California iodine sales for 1991 through the first six months of 1993 were 4970 pounds (1991), 8215 pounds (1992), and 12,242 pounds (Jan. 1- June 31, 1993). Recent statewide investigations indicate increasingly larger scale clandestine HI labs in California. In August 1993, the San Jose BNE office seized a large-scale HI laboratory operated by Mexican nationals. The method utilized water, iodine, red phosphorus, and hydrogen gas. The hydrogen gas was added to the reaction vessels by hose. It is not known why the hydrogen was used, as it is not necessary for the process and is very dangerous. This same investigation resulted in the seizure of three tons of iodine crystals from two storage lockers in the San Jose area. Some of the interesting features of this HI lab (located in a two story residence in Prunedale, CA.) were: · the residence had been rented by Mexican nationals and paid for in cash; · the operators had only been at the location for two weeks, · no furniture was in the house; · the operation was ran much like a business, everyone had a job to do. Ten people were found at the site; · one subject was paid $1,000 per week to cook food for others, · there were 100 lb. containers of red phosphorus and 110 lb. containers of iodine; · the iodine came from Chemicals for Research in Oakland, Custom Chem in Livermore, and Alpha Chemical in Concord; · the waste from the lab was disposed of by dumping it on the ground behind the residence; and · many red gas cans were recovered, suggesting the HI was going to be brokered in the same fashion as other HI sold throughout the state. Duct tape on the rear valve of the gas container. The San Jose BNE office has developed information suggesting there are several other HI labs on the central California coast supplying the Central Valley and northern California Mexican national labs. These lab operators are willing to pay as much as $20-23,000 for 5 gallons of HI.

VOLUME 4 NUMBER 2 - APRIL 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION A recent traffic stop by a California Highway Patrolman in the King City area developed a Mexican national driver with 100 lb. ephedrine packaged in 5 lb. bags; 10 gallons of HI in 5 gallon red gas cans; 60 gallons of freon; 60 lb. of caustic soda; and $20,000 in cash hidden in different areas of the car: If the HI is not clandestinely produced it is obtained from sources outside California. In Washington State for example, the Mexican nationals are purchasing HI from a company named All World Scientific in Lynnwood, Washington. The Mexican “mules” will either fly or drive to All World Scientific to place the order. When they arrive in the Lynnwood area they go to a DMV where they obtain a Washington State identification card (required by All World Scientific). This identification card costs only $4 and takes 15 minutes to obtain. Then they go to the company and place an order by putting large sums of money down. When the order is ready, they return with a variety of vehicles to transport the HI. One commonly used vehicle is the mini-van. These mules are paying $1600-1800 per five gallons or just over $10,000 for 30 gallons. There has been a recent surge of Mexican nationals driving to Vancouver, B.C. to obtain HI. Estimates from the DEABlaine office is this is occurring at least 15 times a week. The company in Vancouver is named Scientific Essentials. HI has been seized recently from phony gas tanks on Ford F-150 pickup trucks. The front tank had been removed and replaced with a fiberglass or plastic tank. The Customs and DEA at the POE from Canada have seen several of these Ford F-150’s. Many of the pickups have been the same gray color. On a couple of occasions, the HI was seized in large plastic containers. In a recent incident, the Mexican nationals obtained the HI in Vancouver, B.C. and drove along a road on the Canadian-Washington State border called “Zero Avenue” on the British Columbia side. There is a parallel road on the U.S. side. The suspects dropped the containers off just on the other side of the border to a second vehicle waiting on the U.S. side. The Mexican nationals are only paying $1000 a gallon for HI in Vancouver, B.C.. On occasions, the “mules” will have two or three vehicles in tandem as they approach the POE and they keep switching the HI around to try to fool the Customs agents. These Mexican nationals all have California driver’s licenses. Some are legals and some are illegals. The Mexican nationals make their crossings into the U.S. between 10:30 P.M. and 2:00 A.M. when there is only one Customs agent on duty. There are no HI controls in the State of Washington or in Canada. The State of Washington is attempting to control HI through the Board of Pharmacy. In 1984, Canada began a national program to monitor certain precursor chemicals in Canada. The program had its origin in the Province of Ontario. The project relied on the cooperation of chemical companies in Canada. To a large degree, the companies have been cooperative. There are several chemical companies in the Province of Alberta. Most of the companies in Canada get their precursor chemicals from the eastern province areas that have manufacturing companies in New York and, ultimately, Europe. There was

VOLUME 4 NUMBER 2 - APRIL 1994

an attempt to enact a precursor law through the House of Commons a couple of years ago which would control ephedrine, pseudoephedrine, phenyl-2-propanone, and ergotamine tartrate. The bill was in its second year when elections took place in November 1993. With the election of a new Prime Minister in Canada and the replacement of most of the seats in the House of Commons, the precursor bill is up in the air and will have to be resubmitted. Lab seizures are increasing in Canada. There were 8 labs seized in 1992 and were predominantly the P-2-P/methylamine method. In December 1992, one of the largest methamphetamine laboratories ever seized in Canada was found just north of Edmonton, Alberta. The lab was being operated by a motorcycle club called “The Grim Reapers.” To date there have been no known Mexican national labs operating in Canada. The Provinces of Ontario and Quebec are the “speed” capitals of Canada. To help in the investigation of Mexican national HI labs and courtroom testimony, the following is an overview of the method of HI production: To make HI, the basic ingredients consist of four parts iodine, three parts water, and one part red phosphorus. An excess of red phosphorus should be used to be sure the reaction goes to completion. Most clandestine HI laboratories end up with a mixture of HI and phosphoric acid if the HI is not distilled from the reaction solution. If the HI is distilled after the initial process, you will distill off 57% HI at 127°C. There will also be 43% water in the solution. The HI will be colorless. If no stabilizer is added to the HI, it will have a tendency to oxidize when it comes in contact with air and will produce iodine. To stabilize the HI, hypophosphorus acid is added. This keeps the HI from bleeding out iodine. If you are doing a reversal, a street test is available. Tests have shown that if you use white paper (tissue is preferred) and it’s 57 %, it will immediately turn dark purple. A little bit lighter purple will indicate 47% and a very weak purple will indicate it’s about 36 %. Legitimate Uses Of HI a) HI is only produced by three U.S. companies and in Germany; b) Largest use of HI is as a commercial sanitizer and disinfectant for the dairy and food processing industries; c) Pharmaceutical applications as hydriodic acid; and d) As a reducing agent.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION INTERVIEW WITH A MEXICAN NATIONAL COOK The following is from an interview with a Mexican national cook and is provided by Special Agent Moses Rodriquez, Fresno BNE. Q: How many pounds of methamphetamine product do you expect to produce from a 25 kilogram or 55 pound container of ephedrine? A: 45 pounds plus. Q: Does this amount vary from time to time? What is the minimum amount you would expect? A: It does vary depending on if you know what you’re doing. The minimum expected would be 20 pounds. Q: How much methamphetamine product would you expect to produce per 22 liter round-bottom reaction flask? A: 12 to 13 pounds and they would put 15 pounds in each 22 liter flask. They would put 15 pounds of ephedrine in the flask, 2-1/2 gallons of hydriodic acid in that flask, and two pounds of red phosphorus. So, it’s 15 pounds of ephedrine, 2-1/2 gallons of HI, and two pounds of red phosphorus per 22 liter reaction vessel. Q: Is the amount of ephedrine pre-measured in any way? For example, is the ephedrine measured out into one or two pound bags? Is the recipe simplified to the extent that a certain number of one pound bags of ephedrine are added to each 22 liter round-bottom flask? A: Yes. The ephedrine is broken up into five pound bags. Q: Does the concentration of the hydriodic acid matter? Do you require that the HI be at least 57%? A: 47 or 57%. Q: Is obtaining HI more difficult recently? A: Yes. Q: Do you try to get it from outside California, Arizona, Washington State, or Mexico? A: California mainly, in the Santa Ana area from Mexicans and now they’re making their own. Q: Would you try making your own hydriodic acid or buying someone else’s homemade? A: Yes, I tried, but it didn’t work so I bought some from somebody else on the street and it didn’t work. Q: Would you add the ingredients to the flask in any particular order? For example, ephedrine and red phosphorus first and then the acid. A: Any order; it didn’t matter. Q: Some people use single-neck round-bottom flasks, some use triple-neck flasks. Do you have a preference of one for another? Are you aware that one might be more illegal than another? Does that have any impact on your preference? Does the chemical supply house indicate that one may be more legal than the other? A: All the flasks are the same to him but he prefers to use single neck flasks. Q: Does the type of ephedrine matter to you, d-ephedrine,

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l-ephedrine, d,l-ephedrine, etc.? A: China ephedrine is preferred over any other. Mexican ephedrine only yields 25 pounds, German ephedrine 35-40 pounds. Q: How important is the hydriodic acid? Can you substitute? If so, with what? What quantities is this bought in? Is it hidden in a characteristic container? A: No, there’s no substitute. Q: How long do you have to cook it, the reaction? A: Eight hours. Q: How hot do you have to heat the mixture? A: To start, we turn the rheostat all the way up to high. When the reaction starts to boil, they lower it to number 4 on the rheostat and let it go until it’s done. The initial boil takes about two hours, it takes about two hours for it to boil. Q: How full do you fill the flask? A: Three-quarters is the most they ever fill the reaction flask to. Q: Do you ever use condensers? Do you think the reaction would be more effective with condensers? A: No, I don’t use. It’s more effective in that it makes the product stronger and it does lower the vapors coming off the reaction. Q: Have you ever had an accident when performing the reaction? Have you heard of anybody having an accident when performing this procedure? A: Well, one guy fell asleep next to a 22-liter and one blew up and the subject died. One guy lost his eye when he was pouring sodium hydroxide into the freon and meth mixture. It just splashed up and hit him in the eye and he had to go to the doctor. Q: Do you think this is a simple procedure to learn? Could a kid do it? How long would it take an adult to learn it? How do you learn it? A: Yes, it is very simple to learn. A kid could do it and it only takes two hours to learn. No recipe is necessary. Q: How long do you let it cool after it has cooked? Do you ever try to accelerate the cooling time by adding ice or running water? A: Let it cool off and return the next night, let it cool overnight, then add caustic soda and ice. Four buckets of ice then caustic soda. Ten granules of sodium thiosulfate to each bucket and stir until it smells (rotten-egg smell). One gallon of water to each and stir. Add soda and two bags of ice per bucket. Add until it separates and the bottom is good stuff. Pour it into a 55 gallon container with a spigot. Pour in the freon (150 pounds or 1-1/2 gallons of freon), and then it separates again and the bottom is good. Take the lower portion and add hydrogen chloride gas to get the methamphetamine. Then you can use freon again to wash or separate three or four times to clean up the methamphetamine. Q: Has your reaction ever caught on fire? A: Yes, when they put in fertilizer by accident.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A:

Q: A: Q: A: Q:

What kind of freon will you use? Prefer R-11 or R-13. Is freon hard to find? No. Do you ever use anything to try to remove discoloration of the methamphetamine? No. What kind of hydrochloric acid do you use? Compressed gas only? Does it matter if this compressed gas is dry? Will you ever use liquid hydrochloric acid for this step? Compressed gas is the best. Some use aluminum paper, but it may be dangerous. Do you always add the hydrochloric gas to the freon in the five gallon bucket? Do you use filter paper? A big no. How do you collect the solid product? Do you do anything else to this product? Do you wash this product? They pour over sheets that are on five gallon buckets. Is this the product you sell? Do you cut the product with anything? I sell non-cut product. A guy from L.A. says they cut it with ephedrine. Do you know if the buyers of this product cut it with anything? They put it in a microwave oven to liquid in larger crystals like a pan and add Super-B vitamin, one pound to three pounds of dope, and then he sold it for $4500 or less per pound. Are there any customer units that this product is sold in like kilos, pounds, ounces, eight-balls, or whatever? Always pounds. How do you think most people ingest this product, inject, snort or whatever? Inject it, snort it, or smoke it off of aluminum paper. Is the finished product packaged in any specific way?

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A: Sandwich bags wrapped in foil. Q: Is there any deliberate attempt to avoid bringing excess materials to the cooking site? A: Always measured out to the exact. Q: Are chemicals stored separately from the equipment? A: No. Q: Are chemical starting materials stored separately brought to the scene separately? A: Yes. They are transported separately. Q: Where’s the best place to get glassware, equipment and chemicals? A: From the other people on the streets. Q: Do you rig up the 55 gallon drums with the spigots yourself or do you get them that way? Are they used for something else in some other industry? A: Yes. They’re used in landscaping and on farms. Q: How is the chemical waste disposed of? A: In orange freon cans and you dump them. They paid them $1000 to $3000 to dump the stuff. Q: How long does the heating mantle last? A: They break easily. No specific brand is better than the other but they’re very easy to get on the street. Q: Are the people actually combining the chemicals knowledgeable of the whole process or merely working at the direction of somebody else? A: They’re working at the direction of somebody else. Q: What’s the most difficult part of the whole procedure? A: When you pour the product into the 55 gallon drum. Q: What safety precautions do you take? Do you use a respirator? Do you dispose of your clothes at the scene? A: Yes, I use a mask and I do dispose of my clothes at the scene. The only time that they move the ephedrine is when they are going to a lab site and they pay $15,000 to $20,000 per five gallon container of hydriodic acid.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 4 NUMBER 1 - JANUARY 1994

IN THIS ISSUE Safety Alert: Potassium Chlorate Discovered in Mexican National Labs Explosion Kills Lab Operator............. 2 Information Super-Highway Being Used to Spread Synthesis Information .................................................. 4 Methcathinone Placed As Schedule I Federal Controlled Substance .................................................. 6 4-Bromo-2,5-dimethoxyphenethylamine (2C-B) To Be Placed On Emergency Temporary Schedule I Status ..................................................................... 8 Background on 2C-B ........................................................................... 8 The Chemistry of 2C-B ........................................................................ 9 Legal Updates .................................................................................... 12 Lab Seizures ....................................................................................... 15 Clandestine Laboratories In The UK ................................................. 19 Leslie A. King, Ph.D. and Det..Insp. Stuart Glasgow Some Information Regarding Phenyl-2-Propanone ........................... 21 Terry A. DalCason, M.S.  1994 − Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions from the membership concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references where necessary. Research papers or material over one page in length is requested to be submitted on IBM computer disk (contact the Editor for more information). One of the primary goals of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a speedy manner. For more information concerning the Journal, contact the Editor.

Association Officers President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz Space 270 Los Angeles, CA 90012 (213) 237-0041 Vice-President: Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Kenneth Fujii Contra Costa Sheriff’s Crime Lab 1122 Escobar Street Martinez, CA 94553 (510) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Executive Board Members: Terry A. Dal Cason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640 Tim McKibben Aurora Police Dept. Crime Lab 15001 E. Alameda Aurora, CO 80012 (303) 341-8344 Max Courtney Forensic Consultant Services PO Box 11668 Fort Worth, TX 76110 (817) 870-1710

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

SAFETY ALERT: POTASSIUM CHLORATE DISCOVERED IN MEXICAN NATIONAL LABS EXPLOSION KILLS LAB OPERATOR On November 12, 1993 members of the California Department of Justice Regional Laboratory - Santa Barbara responded to a clandestine laboratory near Creston in San Luis Obispo county. The initial information we received was that the lab had exploded, killing one of the operators and seriously burning two others. Upon our arrival to the site, the laboratory looked like a typical Mexican national lab with 4-22 liter single neck round bottom reaction flasks lined in a row in one room of a two-room plywood shack. The shack appeared to have been built expressly for the manufacture of methamphetamine. The shack was approximately 25x15 feet in size with one room for cooking and the other for the extraction and salting out process. In the cook room was a hole in the floor and charring in the area where one of the round bottom flask should have been. Glass shrapnel had penetrated the plywood walls and the walls were moved out of place. There was, however, very little heat damage. The remaining three flasks were intact and contained white powder that appeared to be ephedrine. White, powdery dust was also observed on the floor. A plastic ziplock bag containing red phosphorus had burned in place. Subsequent analyses identified the white powder in the three flasks as potassium chlorate. There was no evidence of any hydriodic acid being poured into any of the flasks. It is believed the suspects were adding the red phosphorus to the chlorate when the mixture was set off by friction. There was evidence of numerous prior cooks at this scene. The dead victim appeared to have been hit by a piece of the glass shrapnel that cut him from the right hip across the abdomen to the navel area. His death was attributed to a severe loss of blood. The other two victims suffered 3rd degree burns over 80-90% of their bodies. One doctor attending these victims said that for a full day after the incident, anytime the victims’ bandages were removed, the wounds would begin to smoke and burn, with the skin visibly blistering. The potassium chlorate was packaged in pink tinted plastic bags similar to small trash bags. The remaining bag contained approximately 5 pounds of potassium chlorate. The red phosphorus was packaged in large ziplock plastic bags with the yellow and blue colored lock channels that turn green when the bag is fully sealed. No ephedrine was identified in any of the powders removed from the lab site. David Barber CA DOJ Crime Lab - Santa Barbara, CA

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TRAFFIC STOP REVEALS POTASSIUM PERCHLORATE IN CAR In August of 1993, the California Highway Patrol made a profile-stop on a vehicle that had just crossed the US border near Indio looking for Hispanics who may be entering the US illegally. During conversations with the driver and occupants, a consent to search the vehicle was obtained. In searching the trunk of the car, officers found 8 pounds of red phosphorus packed in 1-pound sized cans and 4-50 pound sacks labeled as fertilizer. Upon examination of the contents of the bags of fertilizer, the powder was found to be pure potassium chlorate. The purpose of the perchlorate in this instance is unknown, but an officer-safety warning was issued throughout the state of California to be on the lookout for chlorate - red phosphorus booby traps in traffic stops and search warrants. Subsequent investigation of the individuals stopped in the vehicle indicated ties with a large Mexican national methamphetamine operation.

CHLORATE/PERCHLORATE - RED PHOSPHORUS MIXTURES EXTREMELY DANGEROUS The use of chlorate/perchlorate - red phosphorus booby traps in drug search warrants, especially clandestine laboratory investigations, has been well documented through southern Nevada and Arizona. To prepare this deadly improvised explosive device, the violator will mix potassium chlorate or perchlorate with red phosphorus wet with alcohol in a piece of aluminum foil. To this wet mixture, the violator may add BBs, shot, or other types of shrapnel to the foil and fold the foil over to resemble a bindle packet. Once the alcohol evaporates and the mixture dries, it becomes extremely sensitive to friction or pressure. During the search, an unsuspecting investigator will be curious and start to open the foil packet, setting off the explosive charge in their hands. Red phosphorus is an easily ignitable fuel and chlorate or perchlorate salts (potassium, sodium or ammonium) are strong oxidizers. According to John DeHaan, Criminalist Supervisor with the California Deparment of Justice’s California Criminalistics Institute (CCI) in Sacramento, the mixture of either with red phosphorus creates an explosive mixture that is extremely sensitive to friction, static or impact when dry. This mixture can also be hypergolic, e.g., spontaneously ignite, at room temperature under certain conditions. DeHaan also indi-

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION cates the reaction of these two materials together is mostly an extremely intense flash fire (deflagration); however, if it is confined by a container it will result in an explosion.

In any event, the encounters described above should be kept in mind when handling materials at a clandestine laboratory seizure.

WHY POTASSIUM CHLORATE? Why two separate encounters with Mexican nationals having ties to methamphetamine synthesis operations have resulted in finding potassium chlorate/perchlorate and red phosphorus is not clear. There have not been any reports of finding any of the chlorate - red phosphorus booby traps commonly associated with these two chemicals at any Mexican nation lab operations. Further, in the Creston incident, it would appear the operators believed the white chlorate powder was, in fact, ephedrine. While the Mexican nationals working at this level are not trained chemists, their expertise is very good the handling of the materials, running the processes, and recovering the product according to Tom Abercrombie of the CA DOJ Crime Lab in Riverside, CA. Abercrombie’s interviews with Mexican national operators indicate they have no education or training in chemistry, but through apprenticeships and experience have become very proficient in the mechanical and procedural tasks involved in synthesizing large quantities of methamphetamine using the ephedrine - hydriodic acid procedure. An ongoing problem of these Mexican national groups has been acquiring the hydriodic acid necessary for the reaction. Abercrombie believes the group’s reluctance to use some of the more popular substitutes for hydriodic acid, e.g., muriatic acid, red phosphorus and iodine crystals, is evidence of their fundamental lack of understanding about the specific chemistry of the reaction.

Figure 1. Box of generic chlorpheniramine tablets

Of the theories circulating as to the intended use of the potassium chlorate, a novel idea has be proposed by Mark Kalchik, CA DOJ Crime Lab - Fresno, CA. A Chicago-based distributor of generic drugs sold in discount pharmacies, Major Pharmaceutical, Inc., has a chlorpheniramine maleate preparation advertised as a generic equivalent to Chlor-Trimeton, packaged under the name of “Chlorate”. As it is very common for commercially prepared cold preparations containing ephedrine to be diverted and extracted to recover the ephedrine for use as precursor material, Kalchik proposes a group of Mexican nationals may have mistakenly thought the “Chlorate” brand tablets could be diverted for such use. In fact, Abercrombie reports seizures substantial quantities of chlorpheniramine tablets at several Mexican national laboratories. Kalchik suggests the Mexican nationals found how easy it was to obtain potassium chlorate or perchlorate through chemical companies, believing the chemical chlorates were the same as the “Chlorate” brand cold tablets which might provide precursor ephedrine for their reactions. Figure 1 shows three sides of the “Chlorate” brand tablets box.

VOLUME 4 NUMBER 1 - JANUARY 1994

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

INFORMATION SUPER-HIGHWAY BEING USED SPREAD SYNTHESIS INFORMATION The highly acclaimed “Information Superhighway,” Internet, is a computer-based information center that connects computer users from around the world to other users, information, and database resources. Unfortunately, with all the good being done with this system, it is inevitable that it will also be used for illicit purposes. Internet is the world’s largest computer network. Although it was founded over 20 years ago as a US military research network and was expanded to connect mostly academic institutions, an estimated 10-20 million people from all over the world now use the Internet. All kinds of people — business people, researchers, educators, consumers, activists, students, military personnel — use the Internet to exchange electronic mail (e-mail), pursue special interests, search databases, and do business. E-mail is one of the most popular features of Internet. E-mail may be sent to others who are subscribers of such commercial services as Compuserve, Prodigy, MCI Mail, AT&T Mail, Applelink, and many others. To send e-mail to someone, though, you must know their Internet address. For example, I am accessible through Internet for e-mail by addressing the mail to [email protected]. Internet addresses can be interpreted to determine who originated the message. The information before the “@” is the account name of the individual. Some people may use their initials, nickname, or a combination of the first and last name such as I have done with “rely.” While most people don’t let others use their accounts, it is likely in an academic environment for several people to use the same account. Thus, everything anyone writes from that account will be attributed to only that account. The information after the “@” designates the location the message originated from. Using my Internet address as an example, [email protected] indicates my account name is “rely” and I use the America On Line service to send and receive Internet mail. Companies have the suffix “com”, educational institutions use “edu”, military sites use “mil”, and government offices use “gov”. The Federal Bureau of Investigation (FBI) recently placed a notice on Internet requesting information about possible suspects in the “Uni-Bomber” case. For the past 10-15 years, an unknown individual has been mailing letter bombs to members of the academic staff of major universities in the US. When the package is opened, the bomb detonates maiming or killing the recipient. Recently, a college professor in Marin County, north of San Francisco, received serious injuries from one of the bombs.

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TO

INTERNET NEWSGROUPS The backbone of the Internet system are its “newsgroups.” A newsgroup is a discussion on a selected topic, whether it is an individual asking for assistance on working around a computer problem or a request for fine dining places while visiting Yakima, Washington. The newsgroup is a place where people can discuss a topic of interest. The topics of these newsgroups include almost every imaginable topic, including technology, American literature, philosophy, cooking, chess, motorcycling, sports, rock music, and — yes — drugs. One of the on-going newsgroups I’ve been following for nearly two years has been a group named alt.drugs. The alt.drugs topic is a discussion of the many facets of drug use and abuse. In it, you can find discussions on the personal experiences with a variety of controlled substances, requests for information about drug actions by the curious, and requests for information regarding syntheses of various controlled substances. The major drugs of interest are usually LSD, marihuana, MDMA, and the tryptamine derivative psychedelics. There has been little or no discussion about drugs such as cocaine, cocaine base, or heroin. One of the things the sponsors of the newsgroup try to do is distinguish between fact and fiction about drugs. A recurring question seen in this newsgroup involves whether strychnine is used as a diluent for LSD on blotter paper. While there have been some requests for synthesis information in the alt.drugs newsgroup, not much has been given in the past. Several of the “keepers” of the newsgroup point out that if the person requesting the information cannot find the information on their own, they have no business trying to perform the syntheses. Another newsgroup, chemistry.sci, has often received requests for information for the synthesis of phenyl-2propanone. However, generally everyone in the newsgroup knows what is being attempted with such requests and usually chastise the person making the request. One of the difficulties of reading messages posted on computers is it is difficult to interpret sarcasm and other characteristics usually judged by either tonal quality in the speaker’s voice or other body language. Often, people posting a sarcastic message will use the computer idiom :-) to indicate they’ve made a joke, or :-( to express disappointment. It is also very easy for the author of material on a computer bulletin board to pass themselves off as something they aren’t. Misrepresentations as to backgrounds, qualifications, even gender are known to occur. Thus, you must be careful about believing all your read and take most

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION things with a grain of salt. A person cannot directly upload a message or information onto Internet without going through a host who is authorized to do so. Thus, many of messages are “forwarded” to Internet by a host who claims no responsibility for the content. Each host has their own standards, and may not upload certain types of information.

RECENT POSTED RECIPES ON INTERNET On August 24, 1993 Risto M. Tolonen (which may or may not be a real name) from the math department at a Utah state college or university ([email protected]) forwarded a 174-line message from [email protected] (“The Crimson Mage” from Iowa State University) titled “How to make crystalline methylamphetamine (ICE)” by Vox Populii. The procedure discusses the extraction of pseudoephedrine tablets with the subsequent reduction using sodium borohydride. One of the comments found in the procedure is: “Where do I get all this shit? Steal it from your high school, or buy it at a laboratory supply house (none of these materials are prohibited or restricted in any way!)” A similar message by [email protected] was posted by [email protected] just before the above message discussing the same method. There is no information as to whether or not the sodium borohydride will actually reduced the pseudoephedrine to methamphetamine. Typically, hydrides are not vigorous enough to reduce the hydroxyl group. Calcium hydride will reduce chloropseudoephedrine in the presence of platinum metal catalyst; however, there was no mention of making the chlorointermediate of ephedrine or using a metal catalyst. Another forwarded message posted by [email protected] was created by [email protected]. It was in response to a

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request by [email protected] (Jeffrey S. Caffey at the University of Texas, San Antonio) for a recipe to manufacture methcathinone. Cooper’s method uses Sudaphed tablets as a source for pseudoephedrine. Cooper recommends the addition of 0.62 g of potassium dichromate for every gram of ephedrine in solution. The reaction is allowed to react for 30-60 minutes, basified with sodium hydroxide, and extracted with naphtha. The naphtha extracts are washed with dilute HCl, and acetone added to the HCl to precipitate the methcathinone HCl crystals. Cooper also notes several of the reagent chemicals could be substituted: potassium hydroxide for sodium hydroxide, and sodium dichromate for potassium dichromate. [email protected] also posted another procedure from [email protected] which is a verbatim regurgitation of the Chemical Abstracts recipe for the manufacture of MDA starting with isosafrole (C.A. 52:11965 (1958)). This procedure calls for the addition of hydrogen peroxide in the later stages of the synthesis which could result in an explosion. In fact, such an explosion in an MDMA lab was reported in 1991 by Joel Budge of the Texas DPS Crime Lab in Waco [JCLIC, Volume 1, Number 2, 1991, pp. 6-7]. A later correction to this error was posted on Internet. The attribution to this information is “The First Amendment,” a text specialist at (619) 421-0583. The area code for this number suggest its origin in the San Diego area. Crimson also passes along a LSD recipe describing the extraction of lysergic acid from Hawaiian wood rose seeds. The actual procedure, as presented, will only produce lysergic acid there is no conversion of the acid to the diethylamide. The procedure indicates you can order the seeds from Chong’s Nursery and Flowers, PO Box 2154 in Honolulu, Hawaii. Finally, crimson also posts a procedure using common, easily available materials to produce methamphetamine. The procedure describes the extraction of Vick’s inhalers containing l-methamphetamine.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

METHCATHINONE PLACED AS SCHEDULE I FEDERAL CONTROLLED SUBSTANCE FEDERAL REGISTER VOLUME 58, NUMBER 198, 53404 OCTOBER 15, 1993 (The following is an excerpt of the Federal Register section placing methcathinone into Schedule I of the federal Controlled Substances Act.)

scheduling was based on a finding by the DEA Administrator that such scheduling was necessary to avoid an imminent hazard to public safety.

Summary: This final rule is issued by the Administrator of the Drug Enforcement Administration (DEA) to place methcathinone into Schedule I of the Controlled Substances Act (CSA). This action is based on findings made by the DEA Administrator, after review and evaluation of the relevant data by both DEA and the Acting Assistant Secretary for Health, Department of Health and Human Services, that methcathinone meets the statutory criteria for inclusion in Schedule I of the CSA. Since this substance has been temporarily scheduled in Schedule I, the regulatory control mechanisms and criminal sanctions of Schedule I continue to be applicable to the possession, manufacture, distribution, importation and exportation of this substance.

By letter dated August 31, 1993, the DEA Administrator received the scientific and medical evaluation and scheduling recommendation for methcathinone from the Acting Assistant Secretary of Health, delegate of the Secretary of the Department of Health and Human Services. The Acting Assistant Secretary recommended that methcathinone be placed into Schedule I of the CSA based on a scientific and medical evaluation of the available data. The notice of proposed rulemaking for methcathinone provided the opportunity for interested parties to submit comments, objections or requests for a hearing regarding the scheduling of methcathinone. No comments, objections or requests for a hearing were received regarding methcathinone.

Effective Date: October 15, 1993 For Further Information Contact: Howard McClain, Jr., Chief, Drug and Chemical Evaluation Section, Drug Enforcement Administration, Washington, DC 20537, Telephone: (202) 307-7183. Supplementary Information: On April 28, 1993, in a notice of proposed rulemaking published in the Federal Register (58 FR 25788) and after a review of relevant data, the DEA Administrator proposed to place methcathinone into Schedule I of the CSA pursuant to 21 U.S.C. 811(a). Prior to that time, the DEA Administrator submitted data which DEA gathered regarding methcathinone to the Assistant Secretary of Health, delegate of the Secretary of the Department of Health and Human Services. In accordance with 21 U.S.C. 811(b), the DEA Administrator also requested a scientific and medical evaluation and a scheduling recommendation for methcathinone from the Assistant Secretary for Health. Methcathinone had been temporarily placed into Schedule I of the CSA by the DEA Administrator on May 1, 1992 for a period of one year (57 FR 18824) using the temporary scheduling provisions of the CSA (21 U.S.C. 811(h)). The temporary scheduling of methcathinone subsequently was extended for six months until November 1, 1993 (58 FR 25934). The temporary

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Methcathinone has a structure similar to that of methamphetamine and cathinone. All forms of methamphetamine have been controlled in Schedule II of the CSA since 1971. Cathinone was placed in Schedule I of the CSA of [sic] February 14, 1993. In preclinical studies, methcathinone hydrochloride produces pharmacological effects and appears to have an abuse potential similar to that of the amphetamines. Methcathinone hydrochloride increases spontaneous rodent locomotor activity, potentiates the release of radiolabelled dopamine from dopaminergic nerve terminals in the brain and causes appetite suppression. In drug discrimination studies, methcathinone hydrochloride evokes both (+)=amphetamine and cocaine induced appropriate responding. When examined in particular pharmacological assays for psychomotor stimulant-like activity, both the dand the l- enantiomeric forms of methcathinone hydrochloride have been found to be pharmacologically active. In these assays, the l-form of methcathinone is more active than either dmethcathinone or (+)-amphetamine. Racemic methcathinone hydrochloride is intravenously self-administered by baboons, thus indicating that methcathinone produces reinforcing effects in this laboratory animal and suggesting that this drug has a potential for abuse in the human population.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION To date, the abuse of methcathinone gas been primarily documented in Michigan and Wisconsin. The abuse of methcathinone is believed to have originated in Michigan in 1989. Since that time, the abuse of methcathinone in Michigan has increased substantially, almost exclusively in the Upper Peninsula of the state. Methcathinone abuse spread from Michigan into Wisconsin approximately in the Fall of 1992. Health officials in Michigan and Wisconsin have encountered abusers of methcathinone. There have been a number of documented emergency room cases involving the purported abuse of methcathinone. Drug abuse treatment centers in Marquette and Iron Mountain, Michigan, as well as several psychiatric treatment centers in Wisconsin have reported encounters with methcathinone abusers. The principal form of methcathinone distributed and abused is the hydrochloride salt of the l-enantiomer, which exists as a white to off-white, chunky powdered material. It is usually sold as itself under such street names as “Cat” and “Goob.” Less often it is passed off as methamphetamine under such names as “Crank” and “Speed.” The most common route of administration is via nasal insufflation. Other routes of administration include oral ingestion, intravenous injection and smoking. Methcathinone is abused in binges lasting two to six days. During this time, methcathinone is repeatedly administered, resulting in the daily administration of amounts surpassing one or two grams. The methcathinone binge resembles amphetamine binges in that the abuser does not sleep or eat and takes in little in the way of liquids. The methcathinone binge is followed by a “crash” characterized by long periods of sleep, excess eating and, in some cases, depression. Methcathinone is abused for its psychomotor stimulant effects. It is reported by abusers to produce such desirable effects as a “burst of energy”, “headrush”, “bodyrush”, a “speeding of the mind”, an “increased feeling of self-confidence” and “euphoria”. Abusers have also reported that methcathinone produces unpleasant effects such as paranoia, hallucinations, anxiety, tremor, insomnia, malnutrition, weight loss, dehydration, sweating, stomach pains, nose bleeding and body aches. Following the crash, some individuals have experienced depression with or without thoughts of suicide. Methcathinone hydrochloride is produced for street distribution in clandestine laboratories. Between June, 1991 and August, 1993, 27 active or inactive clandestine methcathinone laboratories were seized by Federal, state and local law enforcement officials in Michigan. Since January, 1993, at least five

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clandestine methcathinone laboratories have been encountered in Wisconsin. In August 1992 a clandestine methcathinone laboratory was seized in Seattle, Washington. In June 1993 a clandestine methcathinone laboratory was seized in Illinois. In September 1993 four clandestine methcathinone laboratories were seized in Indiana. Methcathinone has been encountered by law enforcement officials in Michigan, Wisconsin, Washington, Illinois and Missouri. Michigan State Police obtained the first street sample of methcathinone in February, 1991. Since that time there have been over 75 encounters of methcathinone by Federal, state and local law enforcement officials in Michigan. Methcathinone was first encountered in Wisconsin in March 1992. Since October 1992, there have been more than 30 Federal, state or local law enforcement encounters of methcathinone in Wisconsin. The Food and Drug Administration (FDA) has notified DEA that there are no exemptions or approvals in effect under section 505 of the Federal Food, Drug and Cosmetic Act for methcathinone. A search of the literature revealed no indications of current medical use of methcathinone in or outside of the United States. Based upon the investigation and review conducted by DEA and upon the scientific and medical evaluation and recommendation of the Acting Assistant Secretary of Health, delegate of the Secretary of the Department of Health and Human Services, received in accordance with 21 U.S.C. 811(b), the DEA Administrator, pursuant to the provisions of 21 U.S.C. 811(a) and (b), finds that: 1. 2. 3.

Methcathinone has a high potential for abuse; Methcathinone has no currently accepted medical use in treatment in the United States; and Methcathinone lacks accepted safety for use under medical supervision.

These findings are consistent with the placement of methcathinone into Schedule I of the CSA. All regulations applicable to Schedule I substances continue to be effective as of October 15, 1993 with respect to methcathinone. This substance has been in Schedule I pursuant to the temporary scheduling provisions of 21 U.S.C. 811(h) since May 1, 1992.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

4-BROMO-2,5-DIMETHOXYPHENETHYLAMINE (2C-B) TO BE PLACED ON EMERGENCY TEMPORARY SCHEDULE I STATUS An increased level of abuse and the commercial importation of 4-bromo-2,5-dimethoxyphenethylamine, better known as 2C-B, has led to controlling it under emergency Schedule I of the US Controlled Substances Act (CSA). The emergency scheduling will be effective in early 1994 and will only be in effect for a period of one year. At the end of the year, a 6-month extension can be filed to keep the prohibition in effect. This 1.5 year period should allow time for animal studies and a recommendation by Health and Human Services to permanently place 2C-B in Schedule I of the CSA.

THE FEDERAL REGISTER The Federal Register notice provides the following information on 2C-B [1]: “4-Bromo-2,5-dimethoxyphenethylamine or (2-(4-bromo2,5-dimethoxyphenyl)-1-aminoethane is structurally similar to the Schedule I phenylisopropylamine hallucinogens 4-methyl2,5-dimethoxyamphetamine (STP or DOM) and 4-bromo-2,5dimethoxyamphetamine (DOB). Like DOM and DOB, 4-bromo2,5-dimethoxyphenethylamine displays high affinity for central serotonin receptors and in drug discrimination studies using rats trained to discriminate either DOM or R-(-)-DOB from saline, stimulus generalization occurred in both groups of animals. These data suggest that 4-bromo-2,5-dimethoxyphenethylamine is a psychoactive substance capable of producing hallucinogenic effects similar, though not identical, to DOM and DOB. Data in human subjects indicate that 4-bromo-2,5-dimethoxyphenethylamine is orally active at 0.1-0.2 mg/kg producing an intoxication with considerable euphoria and sensory enhancement which lasts from 6-8 hours. Higher doses have been reported to produce intense and frightening hallucinations. “DEA first encountered 4-bromo-2,5-dimethoxyphenethylamine in Texas in 1979. Since that time, several other exhibits of 4-bromo-2,5-dimethoxyphenethylamine have been analyzed by DEA and state forensic laboratories in California, Arizona, Louisiana, Pennsylvania, Iowa, and Florida. Clandestine laboratories producing 4-bromo-2,5-dimethoxyphenethylamine were seized in California in 1986 and in Arizona in 1992. It has been represented as 3,4-methylenedioxymethamphetamine (MDMA) and has been sold in sugar cubes as LSD. More recently, it has been promoted as an aphrodisiac and distributed under the brand name of NEXUS whose purported active ingredient is brominated cathinine. DEA has recently seized several thousand dosage units of this product which had been produced outside the United States.”

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BACKGROUND

ON

2C-B

Probably the first commercial exploitation of 4-bromo2,5-dimethoxyphenethylamine came in the form of an ad placed by ISIS Health Foods, PO Box 5254, Cape Town 8000, Republic of South Africa for a product they had named “NEXUS.” The ad claimed: “Clinical studies carried out in Germany have shown that cathinine - the active ingredient of NEXUS - can be effective in temporarily alleviating impotence, frigidity and diminished libido. “Cathinine is one of various phenylalkylamine compounds that have been isolated from the north African khat bush (Catha edulis). The energizing and empathogenic properties of khat are well know to the peoples of Egypt, Ethiopia, Somalia, and Kenya, who have for centuries been using its leaves and flowers as a tonic - as well as utilizing khat in larger amounts for therapeutic and theurgic purposes. “The effect of NEXUS lasts up to 4-6 hours after ingestion. The recommended dose is one capsule taken on an empty stomach about an hour preceding the start of physical intimacy. Since the effectiveness of cathinine will diminish if used too frequently, it is advisable to take NEXUS no more than once a week.” A description of the form of the material describes NEXUS as opaque yellow capsules containing 10 mg of brominated cathinine. Interestingly, the compound cathinine does not exist in any of the recent literature. There are a few references to it in earlier literature, however its actual structure and identification were never substantiated. In a letter sent to a potential distributor in January of 1993, ISIS Health Foods said: “Although the German manufacturers of NEXUS present this compound as a temporary alleviator of impotence, frigidity and diminished libido, it has also been found to be remarkably effective in enhancing sexual pleasure and empathy of couples who do not in fact suffer from the above problems. And although they recommend the taking of only one capsule, two or three capsules may be regarded as a very safe, effective short-acting empathogen/entheogen that compares

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION favourably with MDMA and psilocybin - but with the big advantage that the active ingredient (cathinine) is not a prohibited substance in the States. “The price at which we are offering NEXUS to carefully selected dealers in the States is US$400 for 10 packets, US$1750 for 50 packets, or US$3000 for 100 packets. These prices are inclusive of registered airmailing. US banknotes sent registered mail is our preferred means of receiving payment. However, if this is (a) problem for you, a draft cheque made out to ISIS Health Foods is acceptable. Orders are mailed on receipt of payment.” A recent Newsweek [2] article on the availability and prevalence of drugs at dance clubs indicated NEXUS was the number 3 drug of choice in the Miami dance clubs of South Beach. The article indicated the price of a capsule of NEXUS ranged from $25-35. One of the major distributors of NEXUS prior to its scheduling was a firm in San Diego, California called “Think Smart.” Another is a firm named “E-Motion Unlimited” in St. Louis, Missouri. “E-Motion Unlimited” offered a “Club NEXUS” where, for a $25 fee, you receive a $5 credit for every capsule of NEXUS you order or sell. Color advertising flyers were available for $9 for 500 that contained a special code unique to the distributor so the credit could be applied. Club NEXUS prices for the capsules were $25 ea. (1-9) or $23 ea. (10-99). Numerous anecdotal stories regarding the use and legal status have appeared on computer bulletin boards across the nation and even on the international “Information Superhighway” Internet.

THE CHEMISTRY OF 2C-B The chemistry and activity of 2C-B was first reported in 1975 by Shulgin and Carter [3]. In fact, it is Shulgin who coined the name “2C-B” for 4-bromo-2,5-dimethoxyphenethylamine. It is interesting to note many references to this compound incorrectly hyphenate 2C-B as 2-CB. This, in fact, has happened in the Federal Register announcement [1] under the category of synonyms for 4-bromo-2,5-dimethoxyphenethylamine. Within his exploration of the basic backbone of the 2,5-dimethoxyphenethylamine molecule, Shulgin named his compounds by indicating the number of carbons on the alkylamine side-chain followed by a letter designating the type of substitution at the 4-position of the aromatic ring [4]. Thus, “2C-B” means a

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backbone of 2,5-dimethoxyphenyl- with a 2-carbon side-chain (ethylamine) substituted in the 4-position by bromine. Thus, 2C-F would be the 4-fluoro compound; 2C-I would be the 4-iodo compound; and 2C-P is the 4-propyl compound. In all, Shulgin has investigated approximately 30 of the 2C- or 3C- compounds substituted in the 4-position with bromo-, iodio-, methyl-, ethyl-, propyl-, norbornyl-, nitro-, methylthio-, chloro-, and cyclopropylmethylthio- functional groups. In their book, PIHKAL, Shulgin and Shulgin [5] describe the synthesis of 2C-B starting with the condensation of 2,5-dimethoxybenzaldehyde with nitromethane in the presence of ammonium acetate. The resultant 2,5-dimethoxy-ß-nitrostyrene is reduced in THF using lithium aluminum hydride to 2,5-dimethoxyphenethylamine. The 2,5-dimethoxyphenethylamine is brominated with elemental bromine in glacial acetic acid, basified, extracted with methylene chloride, and precipitated as the hydrochloride salt. Shulgin and Shulgin also note if too much water is around during the adding of the final concentrated HCl for the powder-out, a hydrated form of 2C-B is formed. Shulgin and Shulgin also report the dosage range of 2C-B to be 12-24 mg, with a duration of 4-8 hr. Users who experienced the upper range of the dosage level report intense visual enhancement with colors becoming more intense, bright lights pulsing, and kaleidoscopic forms. Several users report intense sexual encounters during the use of 2C-B. 2C-B has been encountered recently in California (see “Lab Seizures”, this issue). With the Marquis color test, 2C-B turns an emerald green, quickly changing to a blue-green-black color. Analytical data for 2C-B is attached.

REFERENCES 1. 2. 3. 4. 5.

Federal Register, Volume 58, Number 212, November 4, 1993, p. 58819. P. Rogers and P. Katel, “The New View From On High. Trends: A Wave of Drugs Floods the Clubs,” Newsweek, December 6, 1993, p. 62. A.T. Shulgin and M.F. Carter, “Centrally Active Phenethylamines,” Psychopharm. Commun., Volume 1, 1975, pp. 93-98. Personal communication, 1993 A. Shulgin and A. Shulgin, PIHKAL, Transform Press, Berkeley CA, 1991, ISBN 0-9630096-0-5, pp. 503-506.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Temperature Program: 100°C for 2 min 15°C/min ramp 300°C for 3 minutes 15m DB-1 column

CH3O Br

NH2 OCH3

4-bromo-2,5-dimethoxyphenethylamine (2C-B)

EI mass spectrum

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

In KBr

Vapor phase FTIR

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LEGAL UPDATES FEDERAL US VS. ACUNA 9TH CIR.; 93 C.D.O.S. 8665 NOVEMBER 24, 1993 The court of appeals affirmed a district court sentence. The court held that a defendant who purchased chemicals for producing drugs and promised to sell the finished product was properly sentenced under the Sentencing Guidelines provision dealing with unlawful drug manufacturing. Appellant Peter Acuna negotiated for and purchased chemicals used in manufacturing methamphetamine, and stated that he would sell the government agent methamphetamine in a future transaction. Acuna was arrested after taking possession of the chemicals. Under a plea agreement, Acuna agreed to plead guilty to counts including possession of listed chemicals and conspiracy to manufacture methamphetamine. He also agreed to be interviewed by government agents and to testify truthfully at his coconspirators’ trial. The prosecution elected not to call Acuna as a witness, and he testified for the defense. The district court calculate Acuna’s base offense levels under a Guideline for unlawful manufacturing. Based on its findings that Acuna breached his plea agreement with the government by failing to cooperate with investigators and by providing false testimony at his co-conspirators’ trial, the district court enhanced Acuna’s sentence for obstruction of justice. Acuna appealed his sentence, contending that the district court’s finding that he gave false testimony was clearly erroneous, and that he should have been sentenced under a different Guideline provision. Based on the presentence report in which Acuna stated that certain information in the indictment was accurate and Acuna’s trial testimony contradicting earlier statements to agents, the district court’s finding that Acuna’s trial testimony was clearly false was not clear error. The Guidelines Appendix lists section 2D1.11 as the applicable Guideline for Acuna’s possession offenses. Acuna’s conspiracy counts should be calculated using section 2D1.11 also.

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Acuna purchased all of the chemicals necessary to produce methamphetamine, negotiated for the purchase of glassware, and promised to sell the finished product. His conduct was strongly corroborative of the firmness of his criminal intent and was sufficient to constitute a substantial step towards the manufacture of methamphetamine. The conclusion that Acuna’s offense involved an attempt to manufacture invoked a Guidelines section 2D1.11(c)(1) cross-reference, which directed the district court to calculate his offense level according to section 2D1.4. Section 2D1.4 directed that Acuna’s offense level be calculated under section 2D1.1, the Guideline for unlawful manufacturing. Thus, the district court did not err in calculating Acuna’s sentence.

CALIFORNIA PEOPLE VS. LAWRENCE LANCELLOTTI 6TH DISTRICT COURT OF APPEAL OCTOBER 22, 1993 Defendant Lawrence Lancellotti appeals from judgment and sentence of five years in state prison for manufacturing methamphetamine. Authorities were notified when the manager of defendant’s rented public locker noticed an unusual odor. Appellant contends that manufacturing the drug was physically impossible because a necessary piece of equipment and a necessary chemical were not present in the locker; therefore, the contents of the locker were merely being stored. He also contends that the was incorrectly instructed. We disagree and affirm. Facts On May 25, 1990, Donna Lewis, the manager of Budget Mini Storage in Milpitas, rented space E-7 to appellant who moved in items that night. No one entered the locker thereafter until June 12, 1990, when Lewis smelled an unusual odor and tried to telephone appellant. The telephone number was not operational (it later turned out that appellant had also given Lewis false license and social security numbers), so she used bolt cutters to open the locker. She saw what looked like “a toxic spill.” There was “a bunch of chemicals all spilled together, and glassware. It looked like someone had dumped a bunch of junk ... .” After a second fruitless attempt to reach appellant by telegram, she notified the fire department.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Appellant was charged with one count of manufacturing methamphetamine (Health and Safe. Code, §11379.6, subd. (a)), and was convicted at a jury trial on August 20, 1992. This appeal ensued. Issues Appellant contends first that the evidence is insufficient to show that he was manufacturing methamphetamine because the locker did not contain a piece of equipment (a hydrogenator) and a reducing agent (alcohol) which were necessary for the final step of the manufacturing process. He concludes that “he cannot be considered to be ‘manufacturing’ when he fail(ed) to possess the ingredients necessary to do so.” Second, he claims that the court erred in refusing to instruct the jury that the manufacturing, producing or processing “is occurring, taking place and in the course of its progress such that methamphetamine would be produced.” Manufacturing Appellant asserts that a “boxed, non-functioning laboratory was all that was found” and that possession of the items in the locker could not even “constitute an attempt” because he did not possess a reducing agent which would transform the intermediate product to methamphetamine. We “review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence — that is, evidence which is reasonable, credible, and of solid value — such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.” (People v. Johnson (1980) 26 Cal.3d 557, 578.) Evidence produced at trial showed the manufacture of methamphetamine involves a multi-step process which can be accomplished in 24 hours, but which can be interrupted at various stages. When the lab is “bubbling,” the chemicals reacting in beakers and tubes produce strong, telltale odors. To escape detection, manufacturers typically move the lab between steps to different locations. Moves typically occur when the lab is “boxed,” i.e., when the process is at an intermediate stage when no chemical reaction is occurring. As respondent informs us, appellant’s storage locker “contained virtually all of the equipment needed to produce methamphetamine,” including: face respirators and filter cartridges to protect the manufacturer from the harmful fumes emitted during the process; several vacuum pumps, for separating a powder from a liquid at various stages of the process; vacuum oil; two light-bulb stands, used in drying the wet solid produced

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by the vacuum pump; twelve drying trays, for holding the wet solid during the drying process; oscillating fans, for accelerating the drying process and dissipating odors; three heating mantles, for heating the chemicals used in the process; a rheostat, for controlling the temperature of the heating mantle; a triple-neck, round-bottom reaction vessel, which sits on the heating mantle; seven condenser columns, to connect to the triple-neck reaction vessel; tubing, for cooling the system by circulating water; a triple-beam scale, for measuring the ingredients and the final product; a box of beakers and a funnel; heavy-duty plastic containers; and safety gloves. There was also a paper money counter. The locker also contained two catalysts used in the manufacture of methamphetamine, palladium and thionyl chloride; a solvent, chloroform; and chloropseudoephedrine in a 20-pound bag, in a 5-gallon metal drum, in several dry trays, and in liquid form in two 5-gallon metal drums. “Chloropseudoephedrine is an immediate precursor of methamphetamine. To complete the process, [it] and palladium ... would have to be mixed with alcohol and placed in a hydrogenator, a relatively simple step. Although chloropseudoephedrine itself is not illegal, it cannot be purchased commercially and has no use other than in the production of methamphetamine.” A 20-pound bag of chloropseudoephedrine would have produced 10-15 pounds of methamphetamine with a value of $15,000 to $20,000 per pound. Two expert witnesses, a special agent with the Bureau of Narcotic Enforcement and a criminalist, each testified that in their opinion the contents of the storage locker were being used to manufacture methamphetamine. The special agent gave the opinion that the lab was “boxed.” The criminalist testified that she could not “say that manufacture of methamphetamine was actually taking place at [that] location on June 12th of 1990... .” Section 11379.6, subdivision (a), provides for the punishment of “every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance specified in Section ... 11055 ... .” The evidence in this case clearly establishes that appellant was in the middle of the manufacturing process for methamphetamine, because “the conduct proscribed by section 11379.6 encompasses the initial and intermediate steps carried out to manufacture, produce or process [a controlled substance].” (People v. Jackson (1990) 218 Cal.App.3d 1493, 1504.) When appellant cited People v. Jackson as authority for his second contention on appeal, he apparently did not notice that that case clearly rejects his first contention. Jackson discusses

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION People v. Combs (1985) 165 Cal.App.3d 422, in which, like appellant, “the defendant argued that one chemical essential for the manufacture of PCP was not found among the various items seized, and that the evidence was thus insufficient for the offense of manufacturing PCP. The court found the evidence sufficient because the end product of the manufacturing process, PCP, was present and nearly all the necessary equipment and material to manufacture PCP were also present. (Id. at p. 427.)” (People v. Jackson, supra, 218 Cal.App.3d at p. 1504.) The Jackson court went on to conclude: “Although, as in Combs, the presence of the end product of a PCP lab is sufficient circumstantial evidence that ‘the manufacturing process ha[s] taken place’ (ibid.), even though one of the intermediate ingredients was no longer present, the presence of the end product is not necessary to establish that the PCP manufacturing process was taking place.” (Id. at pp. 1504-1505.)

He requested that the jury be told: “Defendant is charged with manufacturing methamphetamine. It is not necessary for the [P]eople to prove the defendant actually produced methamphetamine. The [P]eople must prove, though, that the manufacturing, producing or processing of methamphetamine is ‘occurring’, ‘taking place’ and ‘in the course of its progress’ such that methamphetamine would have been produced.” Appellant’s argument on appeal concludes: “the law requires either you are in production in the usual sense of the word or have complete the process and have manufactured methamphetamine.”

Appellant, therefore, is not entitled to acquittal because his clandestine laboratory did not contain in one place “all the chemical ingredients and materials needed to make [a controlled substance]” and was not “bubbling and reacting when the police arrived ... and would have inevitably resulted in the finished ... product if the police had not interceded.” (People v. Jackson, supra, 218 Cal.App.3d at p. 1504.)

Our discussion of the first contention also disposes of the appellant’s second point. “The ongoing and progressive making, assembly or creation of [a controlled substance] from its component chemicals may, but does not necessarily by definition, include the culmination of the manufacturing process, the finished ... product.” (People v. Jackson, supra, 218 Cal.App.3d at p. 1503.) Appellant’s tidal theory of manufacturing culpability, with liability flowing in during the “bubbling away” stages and ebbing at “boxed” stages, is therefore contrary to the statute. The instruction given is a correct statement of law.

The cumulative nature of the evidence in appellant’s case, including the contents of the locker which all taken together are only used in the manufacture of methamphetamine, the presence of chloropseudoephedrine, a substance which cannot be purchased and is used only in the manufacture of methamphetamine, and the odor emanating from the locker, provide substantial evidence that the manufacture of methamphetamine, an incremental and not instantaneous process, was in progress. Jury Instructions

The jury was instructed in the language of section 11379.6, subdivision (a), quoted ante, with the addition: “In order to prove the commission of such crime, the following element must be proved: (1) That a person unlawfully manufactured a controlled substance.”

Disposition The judgment is affirmed. Submitted by: Julie Doerr CA DOJ Crime Lab - Freedom

Appellant also claims that the court erred in rejecting his proposed instructions which he based on the “bubbling away” language of People v. Jackson, supra, 218 Cal.App.3d at p. 1504.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LAB SEIZURES LAB SEIZURES IN ARKANSAS In 1993, clandestine laboratory seizures in Arkansas increased dramatically to an all time high for the state of Arkansas (Fig. 1). At the same time, the types of labs seized showed a trend shifting from the more conventional method using P2P and methylamine to the more popular ephedrine - hydriodic acid method.

Freon-11 appears to be the preferred solvent to use in the extraction of methamphetamine at the labs since control of ether has tightened. Freon seized at lab sites have been in pressurized bottles or in 25 gallon drums with orange tops. In some cases, the drums were painted a different color to hide the fact that they contain Freon.

Arkansas Lab Seizures

Number of Seizures

18 15 12 9 6 3 0

1989

1990

1991

1992

1993

In 1993, sixteen labs were seized in which ten were using the ephedrine - HI method; one lab was using the thionyl chloride palladium black reduction method, and two labs used the P2P methylamine method. In addition, one amphetamine lab using the Leuckart method was seized and one so called “meth” lab was seized in which phenylalanine and THF were used to try to make methamphetamine. The combination of iodine crystals and muriatic acid continues to be the most common source of HI in the methamphetamine labs seized in Arkansas. The iodine crystals used in these labs are purchased in 2 oz. bottles at local farmer co-op stores. The glassware used in these labs have varied from glass coffee pots and moonshine whiskey jugs to 5 liter round bottom flasks. At one lab site, a coffee pot with a homemade condenser made of PVC pipe and glass tubing from a dairy farm was used as the reaction vessel. The suspects used a 55-gallon drum of Betadine solution as their source of iodine and were unsuccessful in their attempt to make methamphetamine. The “cold method” was used at one lab site where the suspect had mixed ephedrine, iodine crystals, muriatic acid and red phosphorus together in a moonshine whiskey jug that was vented with a plastic tube and allowed to react while sitting on a kitchen countertop. The largest ephedrine - HI lab seizure occurred inside the city limits of Little Rock near a junior high school. The labs was discovered when officers serving an arrest warrant at a residence saw laboratory glassware while looking through the window of the house. A search warrant was issued and the lab was

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discovered. Among the chemicals seized was one barrel containing 45 pounds of red phosphorus, one plastic 5-gallon drum containing 2 gallons of hydriodic acid, and 27 pounds of ephedrine. One cardboard drum labeled “potassium iodine” was seized that contained 25 pounds of potassium iodide. It is interesting to note that the container came from Deepwater Chemical Company in California. The glassware consisted of several 5-liter round bottom flasks with condensers and heating mantles along with various pieces of other glassware.

Several lab seizures have also had a quantity of the finished product. Such seizures consisted of several ounces of powder with an appearance ranging from off-white to pale-yellow in color with a purity of 95%. Norman Kemper Arkansas State Crime Lab - Little Rock, AR

LAPD CRIME LAB ENCOUNTERS ICE LAB; RUTHENIUM CATALYST IN PCP LABS ICE LAB FIRE In early December 1993, Los Angeles Fire Department units responded to a fire in a Hollywood area apartment. Upon entry into the apartment, fire fighters noticed number chemical containers and plastic buckets on the floor of the kitchen. The fire was quickly contained and the Los Angeles Police Department was notified. Members of the Narcotics Group Lab Squad and the lab’s Hazardous Chemical Team responded. The only chemicals discovered in the apartment were acetone and methanol. It appears that the suspects were purchasing “dirty” methamphetamine from an unknown source, washing it with acetone in an attempt to clean-up the material, and then recrystallizing from methanol in the form of “ICE.” The suspects were utilizing electric hot plates to heat the methanol solution. The fire appears to have resulted from the hot plate plug working out of the wall socket and “arcing”. Approximately 4.5 pounds of processed methamphetamine and $60,000 was recovered.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION THANKS FOR THE MEMORIES - RUTHENIUM CATALYST

BURIED LAB FOUND NEAR PRESCOTT, AZ

The California Bureau of Narcotics Enforcement (BNE) report on the use of ruthenium oxide for the catalytic reduction of pyridine to piperidine in the October 1993 CLIC Journal brought back memories of a series of 1988 LAPD cases handled by our laboratory.

In October 1993, a task force of the Drug Enforcement Administration and Arizona Department of Public Safety seized a subterranean clandestine drug laboratory on a ranch northwest of Prescott, AZ. The three ways this laboratory was unique are its construction, the equipment used, and the synthesis route.

On March 5, 1988 Los Angeles Fire Department units responded to a fire at a medical clinic located in South Central Los Angeles. Fire fighters noticed chemical glassware and containers in the location. Narcotics Group Lab Squad detectives and Hazardous Chemical Team personnel responded and seized a five-gallon can of piperidine. Also seized was a Material Safety Data Sheet (MSDS) for ruthenium (IV) oxide. Analysis of the liquid indicated ruthenium concentrations of 6.4 mg/ml. Subsequent analysis of seized PCC, a precursor to PCP, and piperidine collected at illicit lab sites during 1988 indicated the presence of ruthenium. By early 1989, seized exhibits of PCC and piperidine no longer contained these trace amounts of ruthenium.

The laboratory was constructed from a 15x6x7 foot septic tank that was buried in a hillside. The entrance was covered with an artificial rock that was hinged and connected to gas pistons for ease of opening. All electrical lines were encased in metal conduit. Copper pipe was used for the water service. An intercom system connected the lab with the main house. Fresh air was piped in through a 3-inch PVC pipe connected to an in-line fan. The exhaust fans located at floor and ceiling levels were also connected to 3-inch PVC drain pipe.

The following are excerpt from the MSDS (10/13/1986) for ruthenium (IV) oxide: This product is listed on the Toxic Substances Control Act (TSCA) Inventory. Extinguishing Media: Water, CO2, foam, or dry chemical Special Fire Fighting Procedures: Wear self-contained breathing apparatus Unusual Fire and Explosion Hazards: Powders can cause fires when in contact with combustible materials. Eye Irritancy: Tests with rabbits indicate that ruthenium oxide is mildly irrating to the eyes. Skin Sensitation: Tests with guinea pigs indicate that ruthenium oxide may be a mild skin sensitiser. Conditions to Avoid: May ignite hydrogen and other flammable gases. Incompatibility: Can catalyze rapid oxidation and ignition of alcohols, acetone, and similar liquids.

MEMPHIS CLIC MEETING T-SHIRTS AVAILABLE A limited number of CLIC T-shirts from the Memphis meeting are still available. The cost of these shirts is $15 each including shipping within the continental US. The remaining stock includes 21-XL, 13-XXL, and 6-XXXL shirts. Sorry, no small, medium, or large shirts remain. Send your order and check made payable to CLIC to: Steve Johnson, LAPD/SID, 555 Ramirez Street Space 270, Los Angeles, CA 90012. Orders will be filled on a first come, first served basis.

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With the exception of a 22-liter triple neck reaction flask and heating mantle, all of the reaction apparatus used were homemade. The reaction vessels were constructed from beer kegs wrapped with heat tape and insulation. The condensers were made from copper pipes. All of the equipment corresponded well to the diagrams in the notes that were seized. The step-by-step instructions seized indicate a multi-step amphetamine synthesis starting with benzyl chloride. The reaction sequence was: benzyl chloride to benzyl cyanide; benzyl cyanide to phenylacetic acid; phenylacetic acid to phenylacetone (via acetic anhydride and sodium acetate), phenylacetone to amphetamine sulfate via hydrogenation with ammonical methanol. This reaction sequence is unique in that benzyl chloride was used as the starting material rather than benzyl cyanide or phenylacetic acid. Also the amphetamine sulfate that was the reported final product has not been seen in any of the Arizona DPS regional crime labs. Donn Christian AZ DPS Crime Lab - Phoenix, AZ

1,3-DIMETHYL UREA SUCCESSFULLY USED TO SYNTHESIZE MDMA In the October 1992 issue of the Journal of the Clandestine Laboratory Investigating Chemists, I reported that safrole (a precursor for the synthesis of 3,4-methylenedioxyphenyl-2-propanone [MD-P2P]), 1,3-dimethyl urea, and formic acid, in addition to other chemicals, were found at a clandestine laboratory site. I also reported that methylamine might be synthesized from the 1,3-dimethyl urea, and that MDMA might

VOLUME 4 NUMBER 1 - JANUARY 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION be synthesized directly from MD-P2P using formic acid and 1,3-dimethyl urea. Since that time, I have successfully synthesized methylamine by refluxing 1,3-dimethyl urea with concentrated aqueous sodium hydroxide. I also have successfully synthesized MDMA in a one-step reaction using MD-P2P, formic acid and 1,3-dimethyl urea.

Multidisciplinary Association for Psychedelic Studies, Inc. (MAPS) - This “Journal” contained articles on MDMA, DMT, ibogaine, and LSD research. This journal also contained an article concerning the carrier-weight issue for LSD possession. MAPS is located in Charlotte, NC and their advertisement appears in the Psychedelic Illuminations magazine.

I have also recently reviewed a number of notes seized from the laboratory. These notes indicated that the suspect may have been trying to synthesize phenyl-1-propene from α-methylcinnamaldehyde. In a reaction analogous to the conversion of isosafrole to MD-P2P, I expect that phenyl-1-propene could be converted to phenyl-2-propanone using formic acid and hydrogen peroxide. The notes also included a formula for the conversion of iodine and formic acid to hydriodic acid. I have not attempted this synthesis.

New Age Patriot - This newsletter seems closely linked to the marijuana reform movement.

John F. Davis Orange Co. Forensic Science Services - Santa Ana, CA

Federal and local authorities seized a methamphetamine lab in Rush, CO, which was heavily booby-trapped. The lab was contained inside a barn and was not “cooking” at the time of the raid. Authorities seized 1-2 pounds of suspected methamphetamine, assorted glassware, suspected red phosphorus, and suspected iodine. The raid also netted multiple semi-automatic pistols and rifles, five pit bull dogs, and electronic surveillance equipment, including night vision goggles and closed circuit television equipment. The improvised explosive devices were described as follows:

EPHEDRINE TABLET SUPPLIERS IN DENVER AREA NOTED

1.

Three new ephedrine supply outlets have been found in the Denver and Colorado Springs metropolitan area. The outlets go by the following names:

2.

The Connection - This outlet has three stores in Denver and one in Colorado Springs. They sell large quantities of ephedrine tablets (white crosses, pink hearts, and black capsules). They also sell white crosses that contain the ephedrine - guaifenesin mixture. Nutrion Depot - This outlet sells ephedrine in the following forms: white crosses, pink hearts, and black capsules, all containing a 25 mg dose. They do not carry any of the ephedrine - guaifenesin tablets. They also sell the “Super Shine B” brand of cutting agents which are commonly seen in casework here in Aurora. Preferred Products - This outlet just opened recently and their coupon advertises white crosses and pink hearts. Their price for a lot of 1000 pills is $30 and it goes down to $10 per lot of a 1000 if you order over 1000 lots! Several new drug magazines have hit the Denver area “Newsland” bookstores. These magazines feature many of the same ads as High Times, but two are focusing on the hallucinogenic drug market. These magazines are: Psychedelic Illuminations - A magazine devoted to hallucinogenic drugs. This issue contained an interview with Dr. Alexander Shulgin, and a recipe for the manufacture of dimethyltryptamine (DMT).

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3. 4.

A parachute flare containing black or smokeless powder with an electric match attached. An altered fire extinguisher that contained a plastic tube with smokeless powder and an electric match inside the powder. The fire extinguisher was then filled 3/4 full with a flammable liquid. The top of the extinguisher was sealed with epoxy. A standard fusee with the original contents removed and replaced with smokeless powder. The fusee contained an electric match and was taped shut. An oxygen bottle which was partially constructed to form an explosive device. Tim McKibben Aurora PD Crime Lab - Aurora, CO

2C-B IN NORTHERN CALIFORNIA This laboratory received a submission of 11 gel capsules which contained 0.01g of white powder and 40 gel capsules with a powder residue. The gel capsules were clear, unmarked, unsealed, and were identical in appearance to the gel capsules sold in local health food stores. We received information that the capsules were found during a routine traffic stop in Tehama county. The motorist stated that he was on his way to San Francisco from Seattle and that the capsules contained a new and legal drug called “2C-B.” 2C-B is the street name for 4-bromo-2,5-dimethoxyphenethylamine. A Marquis test flashed a bright yellow, then turned emerald green finally turning to a blue-green much in the same fashion

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION as 4-bromo-2,5-dimethoxyamphetamine (4-bromo-DMA). The mass spectrum was also much like 4-bromo-DMA except the base peak at m/z 44 was completely absent and a computer search of this spectrum failed to produce a match. An examination of a standard mass spectrum provided by the DEA Western Laboratory revealed the base peak to be at m/z 230, with another strong (90%) peak at m/z 30. Changing the MS scan range to acquire from m/z 20 to 400 produced a mass spectrum similar to the DEA spectrum of 2C-B, except the intensities of the peaks at m/z 30 and 230 were reversed. The differences in the abundance of the two prominent ions is likely due to the tuning performed on the MS. This does point out, however, there is often important structural detail in the MS spectrum below the usual lower scan limit of m/z 40. The presence of 2C-B was confirmed by FTIR. 2C-B is not specifically listed by the State of California but probably falls under section 11400 and 11401 of the Health and Safety code as an analog of 4-bromo-DMA. The question also arises that, given the high activity level of 2C-B whether or not the powder residue in the 40 capsules constituted a “usable quantity.” Ronald E. Nies CA DOJ Crime Lab - Redding, CA

DAIRY COWS SET TO PARTY IN ILLINOIS In the November 12, 1993 edition of the Federal Register, the following notice was printed: “Manufacturer of Controlled Substances; Application Pursuant to §1301.43(a) of title 21 of the Code of Federal Regulations (CFR), this is notice that on September 18, 1993, Schumacher, Michael, General Television, 2706 E. California, Urbana, Illinois 61801, made application to the Drug Enforcement Administration (DEA) for registration as a bulk manufacturer of the basic classes of controlled substances listed below:

above listed controlled substances specifically for the dairy industry. Any other such applicant and any person who is presently registered with DEA to manufacture such substances may file comments or objections to the above application and may also file a written request for a hearing thereon in accordance with 21 CFR 1301.54 and in the form prescribed by 21 CFR 1316.47.” Federal Register Volume 58, Number 217, p. 60061 November 12, 1993

COLLEGE STUDENTS ARRESTED IN 3-METHYLFENTANYL LAB A criminal group involved in the illicit manufacturing of 3-methylfentanyl was recently arrested. The group consisted of 4 students from the chemical colleges of Moscow and Kasan. Two of the students were the champions of the Russian and International Chemical competitions. These students developed a 3-methylfentanyl synthesis that differs at some stages from the one described in the manual published for DEA chemists and agents. This method was worked out because of the lack of some reagents, phenethylamine in particular. Besides 3-methylfentanyl, this group had synthesized methadone for several years. The group also planned, judging by the seized material, to manufacture such narcotic drugs as LSD, fenadoxon, and mescaline. A paper describing the new 3-methylfentanyl process is presently being written for future publication. Vladimir I. Sorokin Forensic Science Center Ministry of the Interior - Moscow, Russia

Marihuana .......................... I Tetrahydrocannabinols ...... I Phenylacetone .................... II Cocaine .............................. II Codeine .............................. II Morphine ............................ II Opium, raw ......................... II Opium, powdered ............... II The firm will manufacture small quantities of the

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VOLUME 4 NUMBER 1 - JANUARY 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CLANDESTINE LABORATORIES IN THE UK LESLIE A. KING, PH.D.

DET/INSP. STUART GLASGOW

Drugs Intelligence Laboratory Forensic Science Service Aldermaston, Berkshire RG7 4PN, United Kingdom

Illicit Laboratory Unit National Criminal Intelligence Service, PO Box 8000 London, SE11 5EH

INTRODUCTION This article describes the current illicit laboratory situation in the UK. The term ‘illicit’ is used in a restrictive sense to describe the production of controlled drugs, but clandestine laboratories producing non-controlled drugs (e.g. steroids and other counterfeit medicines) are occasionally seen. In the UK, the unauthorised production of controlled drugs is an offence under the Misuse of Drugs Act 1971. In this legislation, ‘production’ covers both cultivation as well as manufacture by synthesis. Only synthetic laboratories will be considered here, but laboratories engaged in growing cannabis plants by hydroponic/artificial light methods are becoming increasingly common.

OCCURRENCE Each year, around fifteen clandestine laboratories are seized. Although this is low by overall US standards, the per capita rate is comparable to that seen in North-Eastern states of the USA. Furthermore, these data for the UK do not generally include what are referred to as ‘boxed laboratories’ in the USA (i.e. chemicals and clean glassware but no evidence of a reaction). If no chemistry has been attempted, then under English Law, it would be necessary to bring either conspiracy charges or use the ‘Criminal Attempts’ legislation, neither of which are particularly satisfactory. With the exception of cannabis, amphetamine is the most common drug of abuse in the UK and, not surprisingly, most of these laboratories are engaged in amphetamine synthesis. With rare exceptions they all follow the Leuckart route using phenyl2-propanone (P2P) and either formamide or ammonium formate. One of the largest clandestine amphetamine laboratories ever discovered in the UK was raided near Maidstone, Kent in July 1993. Almost one metric ton of phenylacetic acid (PAA) was recovered from the premises, and a further ton of ammonium formate was found in a nearby store. In contrast to the USA, methamphetamine is rarely seen in the UK; of the illicit methamphetamine laboratories raided in recent years, most have had some connection with US citizens. Despite the wide availability of ephedrine on the illicit market, there has been little interest in synthesising methamphetamine

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by the red phosphorus - hydriodic acid method. A small number of other laboratories have been discovered in the process of synthesising or tabletting methylenedioxyamphetamines (usually MDMA), but the great bulk of these so-called Ecstasy drugs are imported from the Netherlands and Eastern Europe. As is well known, there are dozens of published synthetic routes to amphetamine, but the almost stubborn attachment to the Leuckart procedure arises from the circulation of underground recipes many of which probably have a similar origin. Given that amphetamine is the drug of choice, reductive amination using the ‘aluminium foil’ method has never been seen in the UK, yet this synthesis requires no heat source, no running water, little or no glassware, and apart from P2P, all other reagents and chemicals can be purchased in retail stores. These findings testify to the unsophisticated abilities of clandestine chemists. Despite the possibility that some laboratories are financed by organised crime, the use of booby-traps and violence is rare.

DETECTION Over half of all laboratories are uncovered following disclosures of sales of precursors, other reagents and glassware. This voluntary monitoring system is operated by the chemical industry and co-ordinated through local chemical liaison officers by the National Criminal Intelligence Service. These arrangements work extremely well without placing onerous demands on chemical suppliers. With the resources available, it is more profitable to investigate all suspicious purchases (based on a similar customer profile to that used by the Drug Enforcement Administration) rather than targeting what amounts to a long list of specific substances used in drug chemistry. This has the added advantage of providing leads not only to illicit drug factories, but to other criminal activities such as explosives or chemical weapons production. Following the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), the UK and other members of the European Community have enacted legislation to control both internal and external trade in drug precursors and essential chemicals. This legislation is comparable in scope to the US Chemical Diversion and Trafficking Act of 1988. It is, however, too early to determine how

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION effective this will be in discouraging illicit drug production. In contrast to the USA, possession of phenyl-2-propanone is not in itself a criminal offence in the UK. Nevertheless, the voluntary scheme described above operates so successfully that it is almost impossible to obtain P2P and remain undetected. As a consequence, during the 1980’s illicit chemists turned increasingly to PAA as a precursor for P2P. Although PAA has many more legitimate uses than P2P, purchaser monitoring has continued to provide good intelligence. The effectiveness of these controls can be measured by the fact that nearly all laboratories raided are in the early stages of production. Secondly, as shown by the impurity profiling programme and the ratio of police to customs seizures, amphetamine production has been forced overseas. Thus until recently almost all amphetamine was home produced, but this situation has now changed to the extent that in the last year almost all of this drug has been imported (mostly from the Netherlands). Nevertheless, there has been no reduction in the number of clandestine laboratories detected in the UK.

INVESTIGATION Responsibility for the investigation of illicit laboratories rests with local police force drug squads, but cases involving major criminals or wider conspiracies may be handled by Regional Crime Squads. Where evidence of a laboratory has initially been indicated by precursor monitoring then the Illicit Laboratory Unit of the National Criminal Intelligence Service will provide a co-ordinating role. Inevitably, some laboratories are uncovered by chance. It is expected that chemists from the local

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forensic science laboratory will provide advice on safety matters before the raid is carried out and be available to collect evidence once the scene has been secured. Unlike the situation in the USA where only samples of reaction mixtures and other chemicals are retained as evidence, in the UK it is still necessary to recover and retain the entire contents of a clandestine laboratory until such time as the case has come to trial and a destruction order imposed.

NEW DEVELOPMENTS As noted above, the difficulties faced by illicit chemists in the UK have forced most production overseas. But demand for amphetamine shows little sign of decreasing and the illicit market is likely to be satisfied through other means by everresourceful criminals. In the last year there has been increased interest amongst illicit chemists in novel routes to amphetamine and other drugs. In August 1993, a laboratory in Yorkshire had manufactured acetylamphetamine via the allylbenzene - acetonitrile route. Clandestine chemists have also explored the reduction of phenylpropanolamine (norephedrine) and the Alles/Nitrostyrene method (benzaldehyde - nitroethane route) to produce amphetamine. Other information indicates that PAA has been prepared by oxidising phenylethanol, and P2P synthesised by the benzene - chloroacetone route. Chemicals seized at an illicit laboratory in Essex in August included precursors suitable for the preparation of 4-bromo-2,5-dimethoxyphenethylamine.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

SOME INFORMATION REGARDING PHENYL-2-PROPANONE TERRY A. DAL CASON, M.S. Senior Forensic Chemist DEA North Central Laboratory 500 US Customs House Chicago, Illinois 60607

INTRODUCTION Phenylacetone (phenyl-2-propanone, P-2-P, benzyl methyl ketone, acetonylbenzene), although Federally controlled in February, 1980 [1], continues to be a frequently used precursor in the clandestine manufacture of amphetamine and methamphetamine. The primary source of this P-2-P appears to be from illicit synthesis [2]. The secondary sources include diversion from licit manufacturers, both domestic (theft) and foreign (smuggled), and material stockpiled prior to the advent of control and now available on the “black market.” While examining the methods available for P-2-P synthesis, a great deal of related information was accumulated and is presented below.

LEGITIMATE PRODUCTION AND USE The P-2-P legitimately used in the U.S. comes from domestic manufacture and foreign import. Lonza, Inc. (Conshohocken, Pa.), is the only manufacturer in the U.S. registered by the Drug Enforcement Administration (DEA) to manufacture P-2-P. Lonza’s entire production of the ketone, starting with phenylacetonitrile (benzyl cyanide) and proceeding through phenylacetoacetonitrile (alpha-acetylbenzyl cyanide) [3], is used to make pharmaceutical amphetamine. The resulting racemic amphetamine is prepared by the Leuckart reaction [4] in a 75% yield and then resolved using d-tartaric acid and isopropyl alcohol to provide d-amphetamine bitartrate. The bitatrate is subsequently converted to the desired product, d-amphetamine sulfate [5]. The remaining l-amphetamine base is racemized and re-introduced to the resolution process along with newly synthesized d,l-amphetamine. Lonza, Inc., subsequently supplies bulk quantities of d-amphetamine sulfate to its sole customer, SmithKline Beecham (Philadelphia, Pa.), which then formulates and markets the final dosage form. The only company registered to import P-2-P into the United States is the Arenol Chemical Corporation in Summerville, New Jersey. Arenol uses the Interchem Corporation (Paramus, N.J.) as its agent [6] in obtaining P-2-P from the French manufacturer, Calaire (Calais, France). Arenol’s only customer for P-2-P is the Sigma Chemical Company (St. Louis, Mo.). Sigma repackages the controlled substance and markets it to DEA registrants. The

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Aldrich Chemical Company (Milwaukee, Wis.), a former Arenol customer, discontinued sales of this material in 1980 [7]. Previously, the Industrial Optical Service (Pembroke, Mass.), purchased P-2-P from Arenol for use in a commercial glass and plastic cleaner marketed as “Opti-Kleen.” The original OptiKleen formulation contained 2% P-2-P by volume. The stringent Federal registration, storage, record keeping and sales requirements introduced for P-2-P in 1980 caused a reformulation of the product in 1982, resulting in the removal of P-2-P. Eventually Opti-Kleen was discontinued entirely [8, 9]. Arenol also manufactures d,l-amphetamine by aminating P-2-P using the Leuckart procedure [10]. At one time, commercially synthesized methamphetamine using the “aluminum amalgam method” [11] which gave a 75% yield. Although frequently used in clandestine laboratories, this technique was commercially abandoned in the U. S. due to the potential for environmental pollution from the reaction waste materials. At the present, Arenol imports d,l-methamphetamine base and resolves the enantiomers chemically. Arenol’s amphetamine and methamphetamine stocks are subsequently sold to various companies which formulate them into legitimate pharmaceuticals.

PHYSICAL CONSTANTS AND RESOURCES CHEM SOURCES, USA, [12] compiles and publishes information provided them by chemical companies wishing to participate, listing the sources of supply for various chemicals. The Chem Sources (1989 Ed.) entries for P-2-P include Benzyl Methyl Ketone, Phenylacetone, Phenyl-2-Propanone, and 1-Phenyl-2-Propanone and are not cross referenced. Inaccuracies have been found for these entries and the individual suppliers should be contacted for current information. As an example, the Penta Manufacturing Company is listed as both a high purity and bulk supplier of P-2-P but is neither, and in fact, does not even market the compound [13]. Lange’s Handbook of Chemistry [14] lists physical constants for “methyl benzyl ketone” but these should be viewed with care. For example, P-2-P is a liquid but is listed as being crystalline with a melting point (m.p.) of 27ºC. Prolonged storage of P-2-P at 5ºC by the DEA North Central Laboratory has not resulted in solidification.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Physical data concerning P-2-P (mw 134) may be useful for purification, analytical, or computational purposes. The Merck Index [15] and the CRC Handbook of Chemistry and Physics [16] list the m.p. as -15ºC to -16ºC and -15ºC respectively. The boiling point listed in Lange (210-212ºC atmospheric) is in exact agreement with Magidson and Garkusha [4], but differs slightly from Merck (214ºC) and the CRC (216.5ºC). Vacuum distillation (13mm) is reported at 100ºC by the Aldrich Chemical Co. and is listed at 100-101ºC in Merck. The CRC lists a boiling point of 101ºC at 14mm. Additional physical constants, derivative melting points, and synthesis references can be found in the Dictionary of Organic Compounds [17]. When pure, P-2-P is a light yellow liquid with a pleasant odor. The color of clandestinely manufactured P-2-P can range from the light yellow color of pure material (which darkens somewhat at room temperature upon prolonged storage) to a dark red/brown liquid referred to by some clandestine lab operators as “red oil.”

LEGITIMATE AND “BLACK MARKET” P-2-P VALUES The price of P-2-P varies considerably between the legitimate and clandestine markets, and also within the clandestine market. Arenol sells the ketone at approximately $670/gal ($81/lb or $178/kilo). P-2-P may be obtained by DEA registrants from Sigma Chemical Corporation for $26.50/100ml (1993 Catalog). The black market price (1993) of P-2-P in the New York geographical area is about $25,000/gallon [18] ($1.375 million/ 55-gallon drum). The DEA Chemical Operations Section provides an average range of $30,000/gal to $45,000/gal [19]. “Discounts” of 25% to 55% of the above values may be applied to purchases of large (i.e., drum) quantities with a resulting price range of $742,500 to $1,860,000 per drum. For comparative purposes the following calculations may prove useful. A 55-gallon drum holds about 200 kilos, depending on the density of the liquid. In terms of a smaller unit of measurement this volume may be computed as 208,120 ml (55-gal. x 3784 ml/gal.). For P-2-P (d=1.015 g/ml, Aldrich) the contents of a 55-gallon drum would weigh about 211 kg or 465.7 lbs.

VALUE OF METHAMPHETAMINE The following assessment of the value of illicitly obtained P-2-P is based on the value of methamphetamine HCl which could be produced. If 134 g (1 mole) of P-2-P were converted to methamphetamine with a 100% yield (i.e., the theoretical yield), it would result in 149 g of d,l-methamphetamine base, a liquid. Methamphetamine, however, is usually sold as a solid in the form of methamphetamine hydrochloride and would theoretically yield 185.5 g of product from 1 mole of P-2-P.

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As previously noted, a 55-gallon drum of P-2-P equates to a weight of approximately 211,242 g. To mathematically convert a 55-gallon drum of P-2-P to methamphetamine HCl the fraction 185.5/134 (1.38) is used (wt. of methamphetamine HCl./ wt. of P-2-P) to get a theoretical yield of 291,514 g (211,242 g x 1.38). Applying the reported yield of 75% for the “aluminum amalgam” reductive amination, 218,636 g (291,514g x .75) of methamphetamine HCl results. Converting this to a larger unit of measure gives 481.6 lbs. As an example of pricing for uncut (nominally 100%) clandestinely produced methamphetamine hydrochloride, the DEA Springfield, Illinois Resident Office reports a price range of $15,000/lb to $20,000/lb in their geographical area. The Chicago Regional Office, 180 miles away, reports a selling price of $12,000/lb [20]. Similar price ranges should be expected in other areas of the U. S. Using the price range for Springfield, Illinois, the value of methamphetamine HCl produced from 55-gallons of P-2-P could vary from $7.22 million (at $15,000/lb) to $9.63 million (at $20,000/lb). In Chicago, the same quantity of methamphetamine HCl would have a value of $5.78 million (at $12,000/lb). Making calculations using the Chicago value, a clandestine laboratory operator could pay $1,860,000 for a 55 gallon drum of P-2-P and still have a potential profit of $3.92 million. Even when considering that additional expenses and that discounts given to bulk purchasers of the finished product would decrease the actual profit, the clandestine lab operator could expect to net over $2,000,000.

REFERENCES 1. 2. 3.

4. 5. 6. 7. 8.

The Federal Register, 44 FR 71822, publication date December 12, 1979; effective date February 11, 1980. At least 20 methods for manufacture of P-2-P are available in published scientific and medical literature. A discussion of these methods will be the subject of a future paper. Bobranskii, B.R., and Drabik, Y. V., “A New Method of Preparing 1-Phenyl-2-aminopropanone,” Journal of Applied Chemistry (USSR), Volume. 14, pp. 410-414, 1941(Chemical Abstracts, Vol. 36, Col. 2531-2532, 1942). Magidson, G.Y., and Garkusha, G.A., “Synthesis of beta-Phenylisopropylamine (Phenamine),” Journal of General Chemistry (USSR), Number. 4, pp. 339-343, 1941. Personal communication, Mr. Charles Muller, Jr., Lonza, Inc., Conshohocken, Pennsylvania, June 30, 1993; January 6, 1994. Personal communication, Mr. Dave Hansen, Interchem Corp., Paramus, New Jersey, June 29, 1993; January 6, 1994. Personal communication, Ms. Libin He, Aldrich Chemical Co., Milwaukee, Wisconsin. Personal communication, Mr. Roger Ely, DEA Western Laboratory, San Francisco, California, December 14, 1993.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 9.

10. 11.

12.

13.

Ely, Roger A., “An Investigation of the Extraction of Methamphetamine From Chicken Feed and Other Myths,” Journal of the Forensic Science Society, Volume 30, Number. 6, Nov./Dec., 1990, pp. 363-370. Personal communication, Mr. Richard Vorisek, Arenol, Summerville, New Jersey, June 30, 1993; January 11, 1994. Groot-Wassink, Gilt,. Duljndem, A., and Jansen, A., C., A., “A Synthesis of Amphetamine,” Journal of Chemical Education, Volume 51, Number 10, October 1974, p. 671 (for amphetamine); and Laboratores Amido, “Aralkyl Amines,” Chemical Abstracts, Volume 62, 1965, cols. 5227-5228 (for methamphetamine). CHEM SOURCES USA, Directories Publishing Company, Inc., Clemson, South Carolina. Chem Sources USA is a generally useful book listing the names, addresses, and telephone numbers of suppliers and manufactures of a wide variety of chemicals. The 1989 edition was used as a reference for this article. Personal communication, Mr. George Volpe, Penta Manufacturing Co., West Caldwell, New Jersey.

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14. LANGE’S Handbook of Chemistry, John A. Dean, Ed., 11th Ed., 1973, McGraw-Hill Book Company, New York pp. 7-272, entry 4146. 15. The Merck Index, 11th Ed., Susan Budauari, Ed., 1989, Merck & Company, Inc., Rahway, New Jersey, p. 1155, entry 7240. 16. The Handbook of Chemistry and Physics, 57th Ed., 1976-1977, Robert C. Weast, Ed., The CRC Press, Cleveland, Ohio, p. C-463, entry p1698. 17. The Dictionary of Organic Compounds, Volume 4., p. 2715, J. Phloi, Ed., Oxford University Press, New York, 1965. 18. Personal communication, Mr. Jack Fasenello, DEA Northeast Laboratory, New York, New York, 7/14/93. 19. Personal communication, Mr. Arnie Lochner, ODE, Washington, D.C. This price information is based on actual, although limited, data from case investigations in various U.S. locations. 20. Personal communication, Mr. Oscar Simon, DEA Intelligence Group Supervisor, Chicago, Illinois, 7/13/93.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 4 NUMBER 3 - JULY 1994 IN THIS ISSUE Candidates For CLIC Membership ................................................................ 2 Statements of Candidates for Office .............................................................. 2 New Law to Help Cut Off Access to Chemicals Needed for Illegal Drugs ........................................................ 3 Request For Information Regarding Clandestine Labs Utilizing Ephedrine Combination Products ................. 4 Hot Off the Internet ... ................................................................................... 4 Laboratory Seizures ..................................................................................... 10 Original Papers Central California Mexican National Drug Lab Trends: Spring 1994 ........ 13 Jerry Massetti, M.S. Methamphetamine Synthesized From Ephedra Extract Encountered ........... 16 Larry Pederson Monograph on Alpha-Phenethylamines Available ....................................... 16 Desert Methamphetamine: An Empirical Study of the Effects of Outside Temperature on the Ephedrine / HI Reaction Mixture ................................. 18 Donn Christian, B.S. Detecting Invisible Risks: Informed Confined-Space Permitters And Entrants Select And Use Monitors To Protect against suffocation, poison and explosion ............................................. 20 John F. Rekus, M.S., C.I.H., C.S.P. Evaluating Air in Confined Spaces .............................................................. 23  1994 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner. For more information concerning the Journal, contact the Editor.

Association Officers President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz Space 270 Los Angeles, CA 90012 (213) 237-0041 Vice-President: Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Kenneth Fujii Contra Costa Sheriff’s Crime Lab 1122 Escobar Street Martinez, CA 94553 (510) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Executive Board Members: Terry A. Dal Cason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640 Tim McKibben Aurora Police Dept. Crime Lab 15001 E. Alameda Aurora, CO 80012 (303) 341-8344 Max Courtney Forensic Consultant Services PO Box 11668 Fort Worth, TX 76110 (817) 870-1710

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ASSOCIATION MEMBERSHIP MATTERS

CANDIDATES FOR CLIC MEMBERSHIP At the time of this printing, the following people have applied for membership in the Association.

REGULAR MEMBERS Boese, Robert A. .................. B&W Consulting Forensic Chemists, Inc., Downers Grove, IL Brown, Patricia .................... DEA Southwest Lab, National City Chaklos, Richard ................. IL State Police Forensic Science Center, Carbondale, IL Dallas, Gary T. .................... Arkansas State Crime Lab, Little Rock Fifka, Peter .......................... Police Institute of Criminalistics, Banska Rystrica, Slovakia Johnson, Brdley T. .............. Sacramento Co. Crime Laboratory, Sacramento, CA Karasiewski, Richard D. ..... DEA Mid-Atlantic Lab, Washington, DC Lamar, Sandra ..................... Broward Sheriff’s Crime Lab, Ft. Lauderdale, FL Loptien, Chris R. ................. CA DOJ Crime Lab, Riverside, CA Miller, John A. .................... CA DOJ Crime Lab, Modesto, CA Pollock, Edward M. (Chip) . Contra Costa Sheriff’s Crime Lab, Martinez, CA Quinn, Phyllis ...................... DEA Western Lab, San Francisco, CA Stage, Michael N. ................ Arkansas State Crime Lab, Little Rock Tenbarge, Ann Werner ....... Indiana State Police, Lowell, IN Trudell, Mary ...................... Oakland Police Crime Lab, Oakland, CA

ASSOCIATE MEMBERS Bowden, John P. .................. CA Criminalistics Institute, Sacramento, CA Hoyle, Marlon Hoyle ........... King County DPS, Seattle, WA Johnston, Bruce C. .............. Stanislaus Drug Enforcement Agency, Modesto, CA Kilpatrick, Gregory A. ........ CA State Police, San Francisco, CA

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STATEMENTS OF CANDIDATES FOR OFFICE The following statements have been filed with the Membership Secretary for the office of Vice-President of the Association. The statements are presented in alphabetical order:

NORMAN KEMPER - ARKANSAS STATE CRIME LAB “I have a Bachelor of Sciences degree in chemistry from the University of Central Arkansas in Conway. I am currently employed by the Arkansas State Crime Laboratory in Little Rock. I have been employed as a Forensic Drug Chemist by the crime laboratory since 1982. I have received training in Chromatographic Methods by the FBI, Clandestine Laboratory Synthesis course by DEA, and the Clandestine Laboratory Investigation - Safety Certification program by DEA. “My primary duty in the lab consists of the analysis of samples of suspected controlled substance submitted by various law enforcement agencies, preparation of a written report of my results, and testifying in court when necessary. “I also serve as a member of the clandestine laboratory response team. I assist and advise law enforcement officials in the confiscation and disposal of chemicals, toxic wastes, and equipment involved in clandestine operations. In addition, I teach a class on clandestine labs for the Arkansas State Police annually. “I am a member in good standing with the Southwestern Association of Forensic Scientists (12 years), the Southern Association of Forensic Scientists (12 years), and the Clandestine Laboratory Investigating Chemists Association (2 years).”

TIM MCKIBBEN - AURORA POLICE CRIME LAB “I utilize my prior experience as a synthetic organic chemist to conduct research concerning illegal drug manufacturing issues. I have been an active member of CLIC and a regular contributor of information to the Journal. I have served as a drug laboratory instructor for local police and fire departments and have been actively involved with a biker intelligence organization in Colorado. I have processed drug labs for many of the police departments in the Denver metro area and have provided information to police departments inside and outside of Colorado concerning illegal drug manufacturing.”

VOLUME 4 NUMBER 3 - JULY 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

NEW LAW TO HELP CUT OFF ACCESS TO CHEMICALS NEEDED FOR ILLEGAL DRUGS Narcotics Control Digest Volume 24, Number 10 May 11, 1994 With the help of the nation’s chemical industry, Federal authorities are poised to close what they call major legal loopholes in the fight against illegal drug trafficking. Thanks to a law that took effect April 16, the Federal Drug Enforcement Administration will be in a position for the first time to cut off the source of the supplies illicit dealers must have to make their illegal products, says Gene Haislip, deputy assistant DEA administrator. The new law requires registration of all chemical distributors, Haislip said April 28 following two days of meetings in Chandler, AZ., with representatives of about 35 of the largest US chemical companies. Additionally, they must record transactions, identifying each customer and making a good-faith effort to determine that the customer is legitimate, he said. “If they don’t do that, we’ll have the means to put them out of business,” Haislip said, citing new authority to shut down violators. “We already have a list of those we intend to put out of business because of their past activity of supplying tons and tons of chemicals strictly to the illegal drug trade,” Haislip said. The law also provides felony penalties for those who smuggle chemical supplies into the United States, and it gives Federal authorities a hammer over chemical brokers operating in the US, even when the supplies never enter this country, Haislip said. Haislip explained that drug dealers need thousands of tons of chemicals either in processing illegal drugs, such as cocaine, or making such drugs as methamphetamine, PCP, LSD and so-called designer drugs like “cat” — methcathinone, a stimulant similar to “speed.” Ether, used in the manufacture of cocaine and methamphetamines, is one such chemical. Until fairly recently, most of those chemicals came from the United States, Haislip said: “Chemicals went south, drugs came north.” Now the chemicals mostly are obtained from western Europe, he said. But there also was a “completely domestic” problem as drug dealers bought chemicals within the United States for illicit laboratories that churned out illegal drugs sold in this country, Haislip said.

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CONTROL OVER EPHEDRINE Another problem evolved when drug dealers began buying tons of ephedrine, a bronchial dilator used in manufacturing methamphetamines, in pill form from bulk manufacturers. Crush the pills and they had a virtually pure supply of the chemical, he said. “Now we’ll be able to deal with that,” Haislip said, explaining that those who sell the pills will have to meet the same requirements as do chemical companies: registration, identification of customers and son on.” And giving the DEA control over brokers “will allow us to tighten the noose, especially on problems we have in South America,” Haislip said. Brokers make arrangements for purchase and delivery of chemicals that never enter the United States, meaning the DEA had no authority over the chemicals. Now Federal authority extends to the brokers if they operate within this country, Haislip said. “The new law and the program with the industry is going to plug some very serious major loopholes that previous law didn’t cover,” Haislip said. “It really changes the way of doing business. In the past, it was ‘If you’ve got the money, I’ve got the goods,’ That, I think, is completely changed.” Further, he said, enforcement can be handled through administrative law judges rather than through the nation’s civil or criminal courts. The legislation was supported by the chemical manufacturers association, Haislip said, but the meeting was needed to explain the law “and what we’re going to do and why.” He said it also offered an opportunity to urge chemical companies to screen any new customers carefully in light of recent developments in Colombia, where authorities seized about 1,700 metric tons of chemicals from an international distributors. “That’s creating a crisis (among drug dealers) there now,” he said.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

REQUEST FOR INFORMATION REGARDING CLANDESTINE LABS UTILIZING EPHEDRINE COMBINATION PRODUCTS With implementation of the Domestic Chemical Diversion Control Act of 1993 (DCDCA), single entity ephedrine tablet/ capsule products are subject to specific record keeping, reporting and registration requirements. In response to these controls, it is anticipated that clandestine laboratory operators will utilize alternate precursors such as: 1. products containing ephedrine in combination with guaifenesin and/or theophylline; 2. the use of ephedra plant material or extracts of ephedra; and 3. products containing pseudoephedrine. While the DCDCA initially targets single entity ephedrine products, it provides the Drug Enforcement Administration (DEA) with the ability to administratively remove a combination product exemption if there is evidence of diversion for clandestine laboratory use. DEA is currently attempting to document the use of ephedrine combination products at clandestine laboratories so

that appropriate action can be taken. The following information would be useful to DEA: Seizures of clandestine laboratories where ephedrine, guaifenesin and/or theophylline combination tablets or capsules were utilized including: date of seizure location of seizure quantity of tablets seized lab capacity source of tablets, if known Information or questions may be directed to: Douglas Snyder US Drug Enforcement Administration E6347-1 Washington, DC 20537 (202) 307-7178

HOT OFF THE INTERNET ... Since we’ve last met, the discussions relating to drugs and drug syntheses in the alt.drugs Newsgroup section of Internet has been very busy. While a lot of the material is repeated due to new subscribers discovering Internet and asking the same old tired questions over again (i.e., “Will the strychnine in LSD hurt me?). I have culled a lot of material down into a few germain topics that might be of interest to the reader. Some of the messages have been edited to conserve space and remove the inherent redundancy usually associated with Newsgroup messages.

METHAMPHETAMINE There is still a substantial volume of questions relating to the synthesis of methamphetamine. Some people are inquiring about particular methods and their questions suggest they have more than a simple grasp of the chemistry involved. Others are still wondering how you can make methamphetamine from coffee grounds, bat wings, and the eyes of newts (exaggerated, of course :-) ). In the area of methamphetamine, Uncle Fester and his 3rd edition of “Secrets of Methamphetamine Manufacture” (abbreviated as SOMM) seem to still create confusion as well as enlightenment to his readers. It appears from one posting, Uncle Fester didn’t quite grasp the rudimentary principles of stereochemistry:

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alt.drugs #48692 From: [email protected] (Lamont Granquist) [1] chemistry: secrets of methamphetmine manufacuring... Date: Fri Jun 10 01:27:36 PDT 1994 Organization: University of Washington Lines: 28 Ephedrine and pseudoephedrine are structurally mirror images of each other. This is possible because they have a chiral center, the isopropyl carbon to which the nitrogen atom is attached. If the reduction is done in such a manner that the chiral nature of the substance is not jumbled (i.e. racemization), then ephedrine and pseudoephedrine give rise to “l” and “d” methamphetamine, respectively. The “l” form is several times more potent than the “d” form. Meth produced from phenylacetone is a racemic mixture, meaning that it is a 50-50 mix of the “l” and “d” forms of meth. Obviously, a batch of pure “l” form is most desireable, a racemic mixture is OK, and pure “d” form is bad news. “Uncle Fester” needs to do more research. l-ephedrine does give rise to the more potent *d* form of methamphetamine. both OTC ephedrine and pseudoephedrine should be useful for the synthesis (provided that it is d-pseudoephedrine which is sold OTC — which is the natural isomer). My guess is that Fester extrapolated from using “l-ephedrine” to getting “l-methamphetamine” which is quite wrong... I’m not terribly impressed with this guy...

It is always nice to know the literature is being well researched, too. There are a couple examples of prominent names in the area of forensic chemistry, CLIC members to boot, being quoted on the net. This next exchange is interesting as it appears to be a verbatim reading of a portion or all of Uncle Fester’s Chapter 15 of SOMM. The inquiry starts out with a quotation from Harry Skinner’s paper on the HI reduction of ephedrine from Forensic

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Science International, volume 43, 1990, pg. 123. More interesting, though, is the discussion of obtaining red phosphorus by scraping the striker lines from match books: alt.drugs #48858 From: [email protected] [1] Methamp Methods Lines: 14 Organization: University of Alaska Fairbanks Date: Sat Jun 11 15:58:44 PDT 1994 (extracts from Forensic Science Int.) The most common method of manufacture of meth’ in the United States is the reduction of ephedrine with HI/red phosphorus. A mixture of ephedrine, red phosphorus, and hydriodic acid is heated, filtered, made basic, extracted, and crystallized as the hydrochloride salt from ether/acetone. Clafave, does Uncle Fester elaborate? Lamont, does it matter if ephedrine HCL or the freebase is used during the reaction? The reduction involves a cyclic oxidation of the iodie anion to iodide and reduction of iodine back to the anion by red P. How could the heat required be calculated? =================== alt.drugs #49190 From: [email protected] (Lamont Granquist) [1] Re: Methamp Methods Date: Tue Jun 14 05:44:58 PDT 1994 Organization: University of Washington Lines: 121 Yes, from Chapter 15 in _SOMM_: Method 4: Reduction With Hydroiodic Acid and Red Phosphorus In this procedure, the alcohol grouping of ephedrine, pseudoephedrine, or PPA is reduced by boiling one of these compounds in a mixture of hydroiodic acid and red phosphorus. Hydroiodic acid works as a reducing agent because its dissociates at higher temperatures to iodine and hydrogen, which does the reducing. The dissociation is reversible. The equilibrium is shifted in favor of dissociation by adding red phosphorus to the mixture. The red phosphorus reacts with the iodine to produce PI3, which then further reacts with water to form phosphorus acid and more hydroiodic acid. Since the hydrogen atom of the HI is being absorbed by the ephedrine, the red phosphorus acts as a recycler. In some reductions, the need for HI is dispensed with just by mixing red phosphorus and iodine crystals in a water solution. The red phosphorus then goes on to make HI by the above mentioned process. With a small amount of due care, this is an excellent alternative to either purchasing, stealing, or making your own pure hydroiodic acid. This method has the advantage of being easy to do. It was formerly the most popular method of making meth from ephedrine. Now red phosphorus is on the California list of less restricted chemicals, so an increased level of subterfuge is called for to obtain significant amounts. One might think that this is easily gotten around by making your own red phosphorus, but this is a process I would not want to undertake. Ever hear of phosphorus shells? I would much rather face the danger of exploding champagne bottles. Those who insist on finding out for themselves, will see Journal of the American Chemical Society, volume 68, page 2305. As I recall, the Poor Man’s James Bond also has a formula for making red phosphorus. Those with a knack for scrounging from industrial sources will profit from knowing that red phosphorus is used in large quantities in the fireworks and matchmaking industries. The striking pad on books of matches is about 50% red phosphorus. The determined experimenter could obtain a pile of red phosphorus by scraping off the striking pads of matchbooks with a sharp knife. A typical composition of the striking pad is about 40% red phosphorus, along with about 30% antimony sulfide, and lesser amounts of glue, iron oxide, MnO2, and glass powder. I don’t think these contaminants will seriously interfere with the reaction. Naturally, it is a tedious process to get large amounts of red phosphorus by scraping the striking pads off matchbooks. Another problem with this method is that it can produce a pretty crude product if some simple precautions are not followed. From checking out typical samples of street meth, it seems basic precautions are routinely ignored. I believe that the by-products in the garbage meth are iodoephedrine, and the previously mentioned azirine. If a careful fractional distillation is done, these products can be removed. They can be avoided in the first place if, when making hydroiodic acid from

VOLUME 4 NUMBER 3 - JULY 1994

iodine and red phosphorus, the acid is prepared first, and allowed to come to complete reaction for 20 minutes before adding the ephedrine to it. This will be a hassle for some, because the obvious procedure to follow is to use the water extract of the ephedrine pills to make the HI in. The way around the roadblock here is to just boil off some more of the water from the ephedrine pill extract, and make the acid mixture in fresh pure water. Since the production of HI from iodine and red phosphorus gives off a good deal of heat, it is wise to chill the mixture in ice, and slowly add the iodine crystals to the red phosphorus-water mixture. To do the reaction, a 1000 ml round bottom flask is filled with 150 grams of ephedrine hydrochloride (or PPA-HCl). The use of the sulfate salt is unacceptable because HI reduces the sulfate ion, so this interferes with the reaction. Also added to the flask are 40 grams of red phosphorus and 340 ml of 47% hydroiodic acid. This same acid and red phosphorus mixture can be prepared from adding 150 grams of iodine crystals to 150 grams of red phosphorus in 300 ml of water. This should produce the strong hydroiodic acid solution needed. Exactly how strong the acid needs to be, I can’t say. I can tell you that experiments have shown that one molar HI is ineffective at reducing ephedrine to meth. The 47% acid mentioned above is a little over 3.5 molar. I would think that so long as one is over 3 molar acid, the reaction will work. With the ingredients mixed together in the flask, a condenser is attached to the flask, and the mixture is boiled for one day. This length of time is needed for best yields and highest octane numbers on the product. While it is cooking, the mixture is quite red and messy looking from the red phosphorus floating around in it. When one day of boiling under reflux is up, the flask is allowed to cool, then it is diluted with an equal volume of water. Next, the red phosphorus is filtered out. A series of doubled up coffee filters will work to get out all the red phosphorus, but real fiter paper is better. The filtered solution should look a golden color. A red color may indicate that all the phosphorus is not yet out. If so, it is filtered again. The filtered-out phosphorus can be saved for use in the next batch. If filtering does not remove the red color, there may be iodine floating around the solution. It can be removed by adding a few dashes of sodium bisulfate or sodium thiosulfate. The next step in processing the batch is to neutralize the acid. A strong lye solution is mixed up and added to the batch with shaking until the batch is strongly basic. This brings the meth out as liquid free base floating on top of the water. The strongly basic solution is shaken vigorously to ensure that all the meth has been converted to the free base. With free base meth now obtained, the next step, as usual, is to form the crystalline hydrochloride salt of meth. To do this, a few hundred mls of toluene is added to the batch, and the meth free base extracted out as usual. If the chemist’s cooking has been careful, the color of the toluene extract will be clear to pale yellow. If this is the case, the product is sufficiently pure to make nice white crystals just by bubbling dry HCl gas through the toluene extract as described in Chapter 5. If the toluene extract is darker colored, a distillation is called for to get pure meth free base. The procedure for that is also described in Chapter 5. The yield of pure methamphetamine hydrochloride should be from 100 to 110 grams.

BONEHEAD ORGANIC CHEMISTRY With the obvious interest in the synthesis of many controlled substances by the visitors to the alt.drugs group, there has been discussion between the participants of forming two different chemistry related discussion groups. The first discussion proposes a chemistry FAQ (Frequently Asked Questions) file. The messages in the Usenet groups have a finite lifetime. How long they stay on the system is often decided by the systems operator of the host system, e.g., America On Line, Delphi, Netcom, or CRL.. Thus, many of the same questions are asked over and over again as new people join Internet. Thus, answers to these questions are stored at a specific computer site and should be examined by newcomers before they break “netiquette” and ask questions. The second method being discussed is to form a new Usegroup named alt.drugs.chemistry. The last postings I saw indicated this new group would probably be formed. I have not seen

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION anything posted to such a group yet. Here is a brief exchange regarding the possible content of a chemistry FAQ file: alt.drugs #47582 From: [email protected] (Warwick Kau-Choon Chai) [1] CHEMISTRY: What do you want to see in an FAQ Date: Thu Jun 02 06:18:37 PDT 1994 Organization: Comp Sci, RMIT, Melbourne, Australia Lines: 12 NNTP-Posting-User: s9202733 Ok all you budding Alchemists. If an chemistry FAQ were to be set up, what would you like to see in it? What points do you feel need clarifying? What irc’s you the most about your favourite recipe? What don’t you understand? Do you just want to know why? If so help us to help you. Warwick ================ alt.drugs #47610 From: [email protected] (Juan-Toro Bull) [1] Re: CHEMISTRY: What do you want to see in an FAQ Organization: University of Minnesota Date: Thu Jun 02 10:45:38 PDT 1994 Lines: 22 I would suggest: - common chemical substitutes available from grocery and hardware stores. - a basic discussion of chemical extraction, of free bases and salts - guidelines/tips on rigging up home distillation, ways to produce a vaccuum at home, refluxing, nifty alternatives to filters and seperatory funnels. -guidelines for ordering chemicals through supply houses -the terminology of basic chem techniques explained in plain language.

EXTRACTION OF MORNING GLORY SEEDS Not surprisingly, the major topics of discussion in the alt.drugs category revolve around marijuana, LSD, psilocybe mushrooms, mescaline, MDMA, and other psychedelic substances. Much of this discussion is about personal experiences with the various drugs. There is also great interents in the chemical aspect of these drugs and several of the stimulants such as methamphetamine and methcathinone. In the search for a legal and “natural” high, there are often quiries regarding the extraction of Morning Glory seeds or Hawaiian Baby Woodrose seeds for lysergic acid amide. The following posting describes the writer’s procedure for extracting Morning Glory seeds and the description of the lack of effect once ingested. Note this posting is “Anonymous.” This is another feature of the Newsgroup function of Internet to allow the anonymous posting of material people don’t want to have their names or IDs associated with. Obviously, if you are doing something illegal, you would want to post using this feature.

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alt.drugs #51115 From: [email protected] X-Anonymously-To: alt.drugs Organization: Anonymous contact service Date: Thu Jun 30 14:26:21 PDT 1994 [1] CHEMISTRY: Failed lysergic acid amide extraction Lines: 70 Last week, a friend of mine and I did the full chemical extraction of lysergic acid amide from morning glory seeds, as shown in the laa.extraction file on ftp.hmc.edu (I shall summarize shortly). To put it briefly, it was a failure: at some point in the extraction the alkaloids got nuked. If somebody could point out possible errors in what we did or detect where it went wrong, I’d be very grateful. Without further ado: We used approx. 250 seeds of MG, Ipomoea tricolor but of the variety “Scarlett O’Hara”. It may be that this was our only fault, since the 250 seeds should be reduced by strength to roughly half by the process and since the final result was also divided in two, each dose was only around 65 seeds (= 65 mics of LSD) strong, assuming that Scarlett is as potent as Heavenly Blue. We’ll be using HB next time. At any rate, the seeds were ground to a rather coarse powder and soaked in methanol for two weeks, with thorough shaking daily. Another potential problem cropped up here, since the methanol was not pure and was discolored to a shade of orange. It was stored in a clear glass bottle too, not the usual brown-tinted ones. However, based on the smell and effects when handling (COLD!) it was at least mostly methanol alright. We have a supply of guaranteed 99.8% methanol for next time though. After the two weeks, the methanol was quite cloudy and we proceeded to filter the muck through filter paper (the real stuff) three times. The muck was then combined with HCl, resulting in some thoroughly disgusting-looking white/brown porridge which was impossible to filter without a vacuum pump (which we didn’t have). The few drops that did make it through were stored for tomorrow. The cloudy white liquid from the methanol filterings was then evaporated overnight (with some help from a hair dryer), leaving _really_ sticky brown/yellow gunk on the bottom of the tray. We then added 1M HCl, and the HCl-filtered liquid from the day before, to the container and scraped off the gunk, which it form into little slug-like things with the consistency and appearance of blobs of melted toffee. After an hour of vigorous stirring and scraping (the stuff was like glue) we managed to get all the slugs dissolved into the HCl, leaving a brownish-yellow liquid that, much to our surprise, smelled very much like (of all things) *mango juice*! Go figure. We then added 5M NaOH to the solution, stirring vigorously to prevent the strong base from ‘burning’ the alkaloids and constantly monitoring the pH with litmus paper. Almost immediately after the pH rose over neutral, the solution undertook an instant color change and became reddish brown. We did not see any of the white precipitate that the file said should have formed. But litmus paper indicated that the pH was now around 9-11, and seeing anything white in that stuff would’ve been difficult at best, so we proceeded to the next phase. We poured the stuff into a 500ml separating funnel and added an equal volume (around 75ml) of dichloromethane, and shook vigorously for 15 minutes. After mixing well, the stuff slowly but beautifully separated into two very distinct layers, nuclear yellow alkaloidic dichloromethane on the bottom and dark brown random junk on top. This was done three times. Finally, the dichloromethane was left to evaporate overnight, and in the morning diluted 84% ethanol was added to the unevaporated gunk. After plenty of mixing and dissolving, this resulted in the final product, two little containers with nuclear yellow cloudy alkaloid juice. And as I mentioned, the stuff had no effect, except for some minute things that may well have been entirely placebo (slight leg jitters, one odd flash of insight, an occasional twinge of nausea). Well, that’s it, if I left something unclear fire away. advance!

Thanks in

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION METHCATHINONE Interest in methcathinone remains steady. A complete recipe for the synthesis of methcathinone was posted. It is suggested from the post the recipe came from Uncle Fester’s SOMM since the address for Loompanics in Port Townsend, WA is included. alt.drugs #48340 From: [email protected] X-Anonymously-To: alt.drugs Organization: Anonymous contact service Date: Tue Jun 07 16:08:54 PDT 1994 [1] Cat synthesis info Lines: 13 I would be interested to see any syntheses that anyone has archived for CAT. They were here but got deleted as this system eliminated old messages. Also any information on using Pseudoephedrine instead of ephedrine. The former is not very water soluable but should be a reasonable starting material. This is purely a theoretical interest of course. alt.drugs #48516 From: [email protected] (Christopher R LaFave) [1] Ephedrine CAT recipe Organization: HoloNet National Internet Access System: 510-704-1058/ modem Date: Wed Jun 08 20:16:06 PDT 1994 Lines: 201 MAKING CAT (METHCATHINONE) For a more complete description of how cat is made read “Secrets of Methamphetamine Manufacture” (Third Edition), available from Loompanics Unlimited, PO Box 1197 Port Townsend, WA 98368 USA. Eye protection is needed and this is done in a well-ventilated area. AT LEAST a year of college chemistry lab experience is needed to realize the dangers involved here. This article is for information purposes only. Cat (METHCATHINONE) is made by oxidizing EPHEDRINE, while METHAMPHETAMINE is made by reducing EPHEDRINE. Cat is best made by using CHROME in the +6 oxidation state as the oxidizer. Any of the common hexavalent CHROME salts can be used as the oxidizer in this reaction. Some of these are CHROME TRIOXIDE (CrO3), SODIUM or POTASSIUM CHROMATE (Na2CrO4), and SODIUM or POTASSIUM DICHROMATE (Na2Cr2O7). All of these chemicals are very common. CHROME TRIOXIDE is used in chrome plating. First the chemist dissolves EPHEDRINE pills containing a total of 25 grams of EPHEDRINE HYDROCHLORIDE or EPHEDRINE SULFATE in distilled water. EPHEDRINE pills usually contain 25mg each of EPHEDRINE so 1000 pills would be needed. Grinding them up isn’t necessary. Let them sit overnight or shake the solution hard for a while. When they’re dissolved bring the solution to a gentle boil while constantly stirring so none of it burns. As soon as it starts boiling remove it from the heat and pour through 3 coffee filters layered together to filter out the unwanted filler crap. Usually it is necessary to hold the filters like a bag with the liquid that didn’t go through and gently squeeze to get the liquid to go through. The result is an almost totally clear liquid which is the EPHEDRINE extract in water. Throw the mush left in the filter away. The EPHEDRINE extract is poured into any convenient glass container. Next, 75 grams of any of the above mentioned CHROMIUM compounds is added. They dissolve easily to form a reddish or orange colored solution. Finally, CONCENTRATED SULFURIC ACID (it usually comes as 9698%) is carefully added. If CrO3 is being used, 21 ml is enough. If one of the CHROMATES is being used, 42 ml is needed. These chemicals are thoroughly mixed together and allowed to sit for several hours with occasional stirring. After several hours LYE solution (1 part water, 1 part LYE) is very slowly and carefully added dropwise with strong stirring until the solution is strongly basic (pH 11 or more). This strong stirring is to make sure the cat is converted to the free base. Next, TOLUENE is used to extract the cat. Usually this is done with a sep funnel (separatory funnel, which is a flask with a funnel-shaped bottom and a stopcock (valve) on the very bottom. Sep funnels are used for separating liquids by opening the valve on the bottom and letting the bottom-most layer of liquid drain out.) but a regular glass bottle should be fine but using a plastic cap wouldn’t be good. For safety,

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the bottle would need to be “burped” often anyway to make sure no gasses build up in it. A large eyedropper-type tool could be used to efficiently remove the cat layer. A couple hundred ml’s of TOLUENE is added and the container is strongly shaken to make sure the all of the cat free base gets into the TOLUENE layer. Shake until it resembles milk (fine suspended globules of TOLUENE within the water layer). Shake really hard, then allow it to separate. Insufficent shaking will result in poor yield with some undissolved cat base remaining in the spent sludge layer. The TOLUENE layer should be clear to pale yellow in color. The water layer should be orange mixed with green. The green may settle out as a heavy sludge. The water layer is thrown away and the TOLUENE layer is washed once with water and then poured into another container. (“Washed” here means that water is added and the mixture shaken again and separated. The cat free base stays in the TOLUENE layer because it doesn’t dissolve in water. Any remaining water-soluble impurities are dissolved into the water layer and not the TOLUENE layer and thus they’re “washed” out.) The cat free base now must be converted to cat salt (METHCATHINONE HCL). Here are 2 methods for doing this. METHOD 1 Dry HCL gas is made and bubbled through the TOLUENE solution to turn the cat free base into cat salt (METHCATHINONE HCL). A bottle is selected for holding the gas-producing mixture and a 1-hole stopper will be put in the top of the bottle. One end of a J-shaped glass tube (about 1/4 inch diameter) is pushed into the stopper. This glass tube will reach from the top of the gas-producing bottle down into the bottle holding the TOLUENE-cat mixture. It should reach the bottom of the mixture. Usually a sep funnel is used to add SULFURIC ACID to the gas-producing mixture through a second hole in the stopper to keep gas flowing. If one doesn’t have access to a sep funnel it should be possible to take the stopper out of the gas-producing bottle just long enough to add a little SULFURIC ACID when it’s needed to keep gas flowing. Place 200 grams of TABLE SALT into the gas-producing bottle. 35% CONCENTRATED HYDROCHLORIC ACID (reagent grade) is added and they are mixed into a paste. The surface of the paste should be rough with lots of holes poked into it for good gas production. About 1 ml of CONCENTRATED (96-98%) SULFURIC ACID is added to the paste. This dehydrates the HYDROCHLORIC ACID and produces HYDROGEN CHLORIDE GAS (** DO NOT BREATHE THIS GAS! **). This gas goes out of the gasproducing bottle through the glass tube and bubbles through the TOLUENE-cat solution turning cat free base into cat salt. The cat salt should appear as crystals and after a while the solution should be thick with them. The crystals are recovered by pouring through a filter. The crystals are then dried by evaporating the TOLUENE with gentle heat or under a vacuum. Voila. Pure METHCATHINONE-HCL. METHOD 2 That was the “ideal” method. The practical method is to dump the base/ solvent solution into a container, add an amount of DILUTE HCl, shake, shake, shake, measure pH, if it is greater than 7 (pH above 7 is basic), add more acid, shake, shake, shake, and check pH again. Keep it up until the pH is low, staying well below 7 (pH below 7 is acidic), then remove the solvent layer and keep for reuse. Add BAKING SODA to the water layer a little at a time until it stops bubbling when more is added. Check the pH, make sure it is 7 (neutral) or higher. The water is now evaporated away on non-plastic plates or pans and the dried METHCATHINONE HCL can be scraped off with a razor blade. The METHCATHINONE HCl has a trace of SODIUM CHLORIDE (TABLE SALT) and an even smaller trace of SODIUM BICARBONATE (BAKING SODA). The BAKING SODA combines with the excess HCl to become TABLE SALT. This practical method avoids the mess of producing HCl gas. HCl is a white gas that burns your eyes and nose really badly should you breathe it. It converts upon contact with water into HYDROCHLORIC ACID, so if you don’t want HYDROCHLORIC ACID in your eyes, nose, lungs, don’t breathe it! Small amounts of TABLE SALT and BAKING SODA in the cat will go unnoticed. The ideal method can be used if a source of compressed HCl GAS is found. It is sold in lab cylinders by chem supply houses and is not watched by the DEA. Just stick on a regulator, affix the rubber hose with a glass extension for submersion in the solvent, and open the valve to expel the gas through the solvent to produce PURE cat HCl. SUMMARY Ephedrine is oxidized to produce methcathinone. The methcathinone is then converted to the free base for separation from the rest of the unwanted crap mixed with it. The free base dissolves in toluene and not in water whereas the unwanted crap dissolves in water and not in toluene. Since water and toluene separate into 2 layers the toluene layer containing the cat free base is saved and the water layer thrown out. The toluene could probably be evaporated leaving crystals of cat free base which could probably be smoked but I haven’t heard of anyone smoking it nor have I heard of its effects on the human body. The cat

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION free base is converted to cat salt using dilute hydrochloric acid or anhydrous HCL gas. Cat salt is soluble in water and not in toluene, just the opposite of the free base. Using HCL gas the salt produced has no water layer to dissolve in so it crystalizes out. Using dilute HCL the salt leaves the toluene layer as before but has a water layer (the water diluting the HCL) to dissolve in. This water layer is saved and the water evaporated, leaving methcathinone-HCL. Sources of items: EPHEDRINE pills - Sadly, GNC (General Nutrition Centers) corporate stores no longer carry “Revive” (ephedrine-HCL pills). The franchise stores are selling what they have left in stock and will no longer carry the straight ephedrine pills. They will only carry the crap with guaifenesin added. It looks like mail order will be the only possible source. Anybody ordering through the mail will probably have their name and address recorded and possibly sent to the DEA. TOLUENE - Available at most hardware stores. One brand is called “Toluol” from Parks. TOLUENE is also called METHYLBENZENE. LYE - Available at most hardware stores. Even Safeway has it. One brand is “Red Devil Lye” which is used to unclog grease clogs in drains. CONCENTRATED HCL and CONCENTRATED SULFURIC ACID are pretty cheap. When bought in 2-liter bottles (reagent grade) they’re about $20 each. HCl, also called MURIATIC ACID, is available as a concrete cleaner in most lumber yards. Also used to adjust pH in swimming pools. H2SO4, aka Battery Electrolyte, obtainable in quart to 5-gallon size containers from automotive supply houses. This is a dilute acid which must be concentrated by pouring into large pyrex containers and boiling the water off for many minutes. It has reached the point of 98% concentration when the liquid stops boiling and starts fuming off with the release of white clouds of gas (SO3, SULFUR TRIOXIDE). Bottle while still hot as conc. H2SO4 is hygroscopic (it sucks water out of the air and becomes dilute again). DO NOT BREATHE SO3 GAS! It eats out your lungs, just as HCl GAS does. CHROMIUM TRIOXIDE (CHROMIC OXIDE) (CrO3) - Very common oxidizer. Comes in powder form. Less than $20 for 100 grams. Since it can be recycled, someone would never have to purchase large quantities of it. Enough to use as a reagent and a supply to supplement the losses incured during use would be enough. Glass tubing - About $2 per tube (1/4 inch) at chemistry supply outlets. Bent into different forms slowly and carefully while heating with blow torch. Glass tubing also used in salt water aquariums. Also for neon signs. Many sources for glass tubing from veterinary to dairy, from industrial to hobby. Easy to find if you know how to look. CREDITS “Secrets of Methamphetamine Manufacture” by Uncle Fester was used as a reference. Information about it is in the beginning of this article. Technical assistance was provided by Steve J. Quest. [email protected] Beaverton, Oregon USA

the naphta that does separate will not contain high amounts of CAT. This leads to unacceptably low yields. Use about 10 ml. of water per gram of dissolved ephedrine. Do not use tap-water, get de-mineralised water. Trace amounts of minerals will inhibit the reaction. 2) Add the sulphuric acid *very slowly*. If you don’t, local concentrations will get too high, causing the ephedrine to break down. Stir well while adding the H2SO4. 3) This is the most important omission: The whole reaction mixture has to be cooled while basifying it with Sodium hydroxyde. The heat developed during this stage will cause practicaly all the CAT to break down if you don’t. The best way to cool it is as follows: Place the reaction mixture in an ice-bath 10 minutes before adding the NaOH. Then, just before adding the NaOH, chuck a handfull of salt over the ice (NOT in the reaction mixture!) This will cause the temperature to drop another couple of degrees, ensuring a good cooling. 4) Use a magnetic stirring device troughout the whole procedure. 5) When extracting the CAT from the naphta with the HCl use a 20% solution in stead of the mentioned 10% (approx.) 6) When evaporating the excess amounts of water (preferably under vacuum) do not let the temperature exceed 70 degrees C. (approx 150 F.) Again, the high temperature would cause the CAT to disintegrate. :-( If you follow these additional comments, you should be able to have success! The anonymous chemist. ===================== Re: Tips for CAT synthesis Organization: Debug Computer Services Date: Sat Jul 09 08:14:42 PDT 1994 Lines: 19 Another good tip is to purify the ephedrine before you use it. Take the tablets, dissolve and filter the solution. Then add NaOH until you get no more white precipitate. This is the freebase ephedrine. Then use thus instead of ephedrine hydrochloride. To do this, take the free base and add it to the appropriate amount of water. Then add a little H2SO4 and stir, the freebase will start to dissolve as it becomes the sulfate salt. Then continue the reaction as stated. You won’t end up with the gooy reaction mixture, Mr. Anon was talking about. Mike

MDMA SYNTHESES In response to a request for a recipe on how to make “X,” the following overview is complete with references to Terry A. DalCason's paper in the Journal of Forensic Sciences, an organic chemistry text, and Dr. Shulgin’s Pihkal.

Another anonymous posting includes some helpful hints and tips for the synthesis of methcathinone. It sounds as if the person posting this note is speaking from experience ...

alt.drugs #50488 (0 + 46 more) From: [email protected] (Lamont Granquist) [1] Re: *** Looking for a Recipe *** Date: Fri Jun 24 20:59:50 PDT 1994 Organization: University of Washington Lines: 307

alt.drugs #51958 From: [email protected] X-Anonymously-To: alt.drugs Organization: Anonymous contact service Date: Fri Jul 08 22:11:24 PDT 1994

gbt0053@gold (SLEEPY) writes: >I’m looking for a recipe on how to make X. If anyone could either post or >E-mail me with a good one, it would be greatly appreciated. Thanks in >advance!!

Tips for CAT synthesis Lines: 42

INTRODUCTION:

Through experience I have compiled the following tips for ppl wanting to do the CAT synthesis. It isn’t hard, but the posted synthesis cannot lead to good results becuase of certain ommisions. I don’t know if these were omitted deliberately as to stop non-chemists from completing it or whether the author of the original article just forgot. In any case, here are some things you should be aware of.

All information here is to be used at your own risk. The procedures documented in this file, if carried out by unlicensed individuals would violate laws against controlled substances in most countries and could result in criminal charges being filed. If carried out by individuals unskilled at chemistry they could result in serious bodily harm.

1) When dissolving the ephedrine don’t use ‘as little amount of water as possible’ as the instructions say. This will lead to a very thick reaction mixture. When extracting with naphta this thickness will prevent separation of layers. The naphta will stay in suspension and

MDMA (“Ecstasy”) is a semi-synthetic compound which can be made relatively easily from available precursors. Synthesis instructions exist which can be followed by an amateur with very little knowledge of chemistry. However, people with less than 2 years of college

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION chemistry experience would probably not be capable of sucessfully synthesizing MDMA, and would either botch it in the best case or kill themselves in the worst case. For those interested in the techniques involved in synthesizing MDMA, a good book for self-learning is the following: Zubrick, James W. “The Organic Chem Lab Survival Manual: A Students Guide to Techniques.” ISBN #0471575046. Wiley John&Sons Inc. 3rd ed. It is recommended that this book should be supplemented with at *least* one more of the ‘dry’ and technical O-Chem lab manuals available at any college bookstore. It is not recommend that the information from these books or herein this file be used to synthesize MDMA for the previously stated reasons. Knowledge, however, is not (yet) illegal. SYNTHETIC ROUTES: For an overview of MDMA synthetic routes it is suggested that the readers familiarize themselves very thoroughly with the following reference: Dal Cason-TA. “An Evaluation of the Potential for Clandestine Manufacture of 3,4-Methylenedioxyamphetamine (MDA) Analogs and Homologs.” Journal of Forensic Sciences. Vol 35(3):675-697. May 1990. The most common synthetic routes for production of MDA, MDMA, MDE (MDEA), and MDOH are from the precursor MDP-2-P. To get MDP-2-P first a natural source of safrole is acquired. Safrole can be extracted from sassafras oil, nutmeg oil, or several other sources which have been abundantly documented in _Chemical Abstracts_ over the years. The safrole is then easily isomerized into isosafrole when heated with NaOH or KOH. The isosafrole is then oxidized into MDP-2-P. This latter procedure has been most clearly presented in _Phenethylamines I Have Known and Loved_ by Alexander Shulgin under synthesis #109 (MDMA). The synthesis of MDP-2-P from isosafrole will require the use of a vacuum pump to evaporate the solvent from the final product in vacuo. An aspirator will not, unfortunately, be sufficient.

MDP-2-P, but this is not commonly done. There are other synthetic routes, such as the use of substituted 3,4-methylenedioxycinnamic acid or the construction of alkyenedioxy bridges from dihydroxy compounds. These, however, are typically not used for a variety of reasons (difficulty, multiple-step, special equipment, etc). It is also possible to synthesize N-alkyl derivatives of MDA from MDA (e.g. synthesizing MDMA from MDA) but this is not commonly done in clandestine labs. METHYLAMINE Methylamine is a chemical which is technically not a “precursor” to MDMA, but it is necessary in most of the syntheses. It is also a watched chemical. A private citizen ordering methylamine from a chemical supply company would get the undivided attention of the local DEA. Methylamine can be diverted in small quantities by individuals working in legitimate chemical labs. In some cases this “diversion” is simply theft. It is not recommended that any persons engage in this activity, but it remains a common source of methylamine (along with many other chemicals). Methylamine can be synthesized through hydrolyzing N-methylacetamide via refluxing it with concentrated HCl. Dump a gallon of concentrated HCl in a large RB flask, dump in a mole or two of N-methylacamide and reflux the hell out of it for about 2 days. This leaves water, methylamine and acetic acid. Boil off the water, and strip the acetic acid off with a vacuum pump and what’s left is the methylamine. Some acetic acid may be left over, but it shouldn’t affect the cyanoborohydride reaction. It can also be synthesized by doing a large hypohalite Hofmann degradation on acetamide with bleach and lye. Heat it up and distill off the water/ methylamine from the basic mush and catch it in HCl. Boil off the water/acid distillate and the result is methylamine HCl. Nmethylacetamide is unlikely to be watched, and acetamide is almost certainly not watched. Some syntheses use N-methylformamide as an alternative to methylamine, but it is unlikely that there would be any advantage to using it. The 3 syntheses focused on in this file (HBr, cyanoborohydride and aluminum amalgam) all use methylamine. _Secrets of Methamphetamine Manufacturing_ has both a synthesis of methylamine and a synthesis of N-methylformamide, but i haven’t had a chance to peruse the book to comment on them. SUMMARY:

Once the MDP-2-P is synthesized there are several synthetic routes which can be taken: 1. 2. 3. 4. 5. 6.

Sodium Cyanoborohydride Aluminum Amalgam Sodium Borohydride Raney Nickel Catalysis Leukart Reaction via N-formyl-MDA Leukart Reaction via N-methyl-N-formyl-MDA

The sodium cyanoborohydride method is probably the one most attractive to clandestine chemists. From the Dal Cason reference: “It requires no knowledge of chemistry, has a wide applicability, offers little chance of failure, produces good yields, does not require expensive chemical apparatus or glassware, and uses currently available (and easily synthesized) precursors” The aluminum amalgam synthesis is often used but has a slightly higher risk of failure and is not as versatile. The Raney Ni synthesis is more dangerous and requires special equipment to be done right (although this scheme is used in a significant number of clandestine labs). The sodium borohydride requires harsher conditions for the chemicals (ie. reflux) than sodium cyanoborohydride or aluminum amalgam and produces lower yields. The Leukart reaction is 2-step with lower yields and requires chemical apparatus. There are also two synthetic methods which proceed directly from safrole rather than through isosafrole. The first is the Ritter reaction which goes through the intermediate N-acetyl-MDA. The Ritter reaction is time-consuming, requires a degree of laboratory skill and produces poor yields. The other method uses HBr to produce 3,4methylenedioxyphenyl-2-bromopropane which is then converted into MDA or MDMA. This scheme produces poor yields, and Dal Cason referenced the australian journal _ANALOG_ where a hazard had been documented. It is, however, attractive for its sheer simplicity. It requires no specialized chem equipment or reagents at all. Beta-nitroisosafrole is a less used precursor, but there is a large literature on the synthesis and reduction of nitro alkenes. This synthetic route isn’t as popular due to the easier availability of precursors for MDP-2-P, and it also results in MDA which must then be further processed to give MDMA or any other N-alkyl homolog of MDA. There are numerous ways to convert beta-nitroisosafrole to MDA: LiAlH4, AlH3, electrolytic, Na(Hg), BH3 - THF / NaBH4, Raney Ni catalyst, Pd / BaSO4 catalyst, Zn (Hg). Beta-nitroisosafrole, when used, is commonly synthesized from piperonal. Beta-nitroisosafrole can also be used as a precursor for

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- the sodium cyanoborohydride method is the preferred method - the safrole + HBr route is attractive due to its sheer simplicity - the aluminum amalgam route is as useful as cyanoborohydride, but may have a slightly higher risk of failure. “POPULAR” LITERATURE: Psychedelic Chemistry: a synthesis of MDP-2-P Leukart reaction. The PiHKAL and the Leukart Also, please see “ROAD synthesis.

Contains instructions for isomerizing safrole, from isosafrole, and a synthesis which uses the synthesis of MDP-2-P is better presented in reaction is is not a recommended synthesis. HAZARDS” below, on the dangerous typos in this

Secrets of Methamphetamine Manufacturing: Contains instructions for synthesizing MDMA via the safrole + HBr method. This is the simple and dirty way to synthesize MDMA. Pay attention to the part where it tells you to make sure that you’ve got all the ether evaporated before placing it in the reaction bomb... for your own good. References to the original journal articles and Chem Abstracts are included. It also has synthesis instructions for methylamine and N-methylformamide, but i haven’t had a chance to read them. The Ritter and Leukart reactions are (respectively) useless and not very good. PiHKAL #100 (MDA): Synthesis of beta-nitroisosafrole from piperonal, synthesis of MDA from beta-nitroisosafrole using lithium aluminum hydride, synthesis of MDA from MDP-2-P using sodium cyanoborohydride. The latter is probably the most useful. Although piperonal is commonly used to synthesize beta-nitroisosafrole — LAH is somewhat dangerous. PiHKAL #105 (MDDM): Synthesis of MDDM (N,N-dimethyl-MDA) from MDP-2-P using sodium cyanoborohydride. This stuff isn’t terribly active, its just another example of a sodium cyanoborohydride synthesis. PiHKAL #106 (MDE): Synthesis of MDE from MDA via N-acetyl-MDA. Synthesis of MDE from MDP-2-P using aluminum amalgam. Synthesis of MDE from MDP-2-P using sodium cyanoborohydride. The latter two are the most useful. Synthesizing MDE from MDA is not particularly useful to clandestine chemists. PiHKAL #109 (MDMA): Synthesis of MDMA from MDA via N-formyl-MDA. Synthesis of MDP-2-P from isosafrole. Synthesis of MDP-2-P from betanitro-isosafrole. Synthesis of MDMA from MDP-2-P using aluminum amalgam. The synthesis of MDP-2-P from isosafrole and the aluminum amalgam synthesis are probably the most useful. The synthesis of MDP2-P from beta-nitroisosafrole might be useful, but most often beta-

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION nitroisosafrole is used to produce MDA directly. Synthesizing MDMA from MDA is not particularly useful to clandestine chemists. PiHKAL #114 (MDOH): Synthesis of MDOH from MDP-2-P using sodium cyanoborohydride. This stuff is active, and the synthesis is useful. I don’t know of any explicit synthesis for MDMA using sodium cyanoborohydride, but it can be done simply by substituting the correct number of moles of methylamine for ethylamine in the MDE synthesis. Also, substituting methylamine for ethylamine in the cyanoborohydride synthesis produces slightly better yields.

pyrotechnics... Psychedelic Chemistry: The synthesis for MDA/MDMA is the same as the above Chemical Abstracts reference including the explosive typo. There is also another typo which should read “75 ml 15% HCl” instead of “57ml 15% HCl.” This might simply mess your yields up. Et20/THF: AKA diethyl ether and tetrahydrofuran. These two chemicals form explosive peroxides when they are exposed to air for extended periods of time, and which are easily set off by refluxing (for example). These are likely the cause of most explosions and fires in amphetamine labs. Do not play around with these chemicals, and if you use them, know what you are doing.

NET SOURCES: ftp://ursa-major.spdcc.com/pub/pihkal the text of book 2 of PiHKAL with all the syntheses http://stein1.u.washington.edu:2012/pharm/pihkal-ht/pihkal.index.html html version of PiHKAL ftp://hemp.uwec.edu/pub/drugs/psychedelics/mdma/mdma.mda.syntheses ftp.hmc.edu:/pub/drugs/mdma/mdma.mda.syntheses.Z the synthesis of MDP-2-P from PiHKAL, plus the Leukart reaction from Psychedelic Chemistry. ftp.hmc.edu:/pub/drugs/mdma/mdma.synth.Z this is the safrole + HBr method out of Secrets of Methamphetamine Manufacturing ROAD HAZARDS: Chemical Abstracts 52, 11965c (1958): In the synthesis of MDA from MDP-2-P this reference has a misprint that should read “add 100ml H2O” instead of “add 100ml H2O2” which would cause an explosion. Chemistry is dangerous, and a little ignorance can cause spectacular

MDP-2-P: “piperonylacetone” is an ambiguous term which might refer to the 4-carbon analogue of MDP-2-P. Shulgin has noted that at least one chemical supply house has sold this 4-carbon analogue as “piperonylacetone.” The correct piperonylacetone (MDP-2-P) is sassafras-smelling oil that is yellow colored. The incorrect piperonylacetone has a weak terpene smell and is white and crystalline. Substitution will merely result in some interesting 4carbon analogues of MDMA which are probably totally inactive. See PiHKAL #109 (MDMA). LAH: Lithium Aluminum Hydride (LiAlH4), is a chemical which explodes on contact with water, and can be set off by moisture in the air. It should only be used under an inert atmosphere, which requires special equipment. — Lamont Granquist ([email protected])

LABORATORY SEIZURES SAN BERNARDINO COUNTY HOT BED FOR LABS The San Bernardino County Sheriff’s Department Crime laboratory has the privilege of servicing the largest county in the United States. Our laboratory employs thirteen criminalists whose field call duties are divided into two categories: homicides and clan labs. There are six criminalists on the clan lab team. These folks have seen a sharp increase in the number of labs occurring in our “fair” county. The number of labs done in the last few years are as follows. 1991 ............ 73 labs 1992 ............ 141 labs 1993 ............ 217 labs 1994 ............ 135 labs (as of 6-20-94) If we were to simply multiply the number of labs done to date by two (since one half of the year is done) that would put us at approximately 270 clan labs this year. 300 would not be totally impossible. As you can see, we get a lot of experience, and as far as methamphetamine manufacturing goes, we sometimes see new trends. Two years ago we discovered what is now referred to as the “Cold” Method for methamphetamine manufacture. Since then we have discovered what we call the “Flash” method and the “Push- Pull” method. These seem to be simply variations of the “Cold” method. In the “Flash” method, instead of using two containers as a reaction vessel, a single container (our cooks are fond of

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Florence flasks) is used. All the components are combined into this one flask and the flask is stoppered. Sometimes the stopper has rubber tubing going into an absorbent (commonly cat litter). The flask is heated and shaken. The reason this is referred to as the “Flash” method is that due to uneven heating and the rapid formation of gases in a closed system, this reaction will occasionally flash and/or explode. We have had four clandestine labs using this method exploded. Two resulting in serious injury and one resulting in death. The “Push- Pull” method also involves only one reaction vessel. The difference here is that from this single reaction vessel a section of tubing will be attached and fed into another glass vessel partially filled with water. The tubing will be long enough to go below the water surface. At first glance this may appear similar to the “Cold” method, but the purpose of the flask of water is different. In the “Cold” method the water played a role in the chemistry of the reaction, in this method the water acts only as a sort of poor-man’s pressure gauge and vapor trap. Because this is a closed system the pressure will fluctuate inside the flask as the reaction proceeds. Our clever cooks have taken to monitoring these pressure changes with the water rising in and out of the tubing. After so many risings and failings, they add more chemicals to their reactions. Pretty ingenious, eh? Another peculiarity we are occasionally seeing lately are the “Peroxide” labs (see CLIC Journal Vol. 4 No. 2, April 1994). We have been to three labs in different parts of our county which have had unusual amounts of your standard 3% solutions of

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION hydrogen peroxide. By unusual I mean upwards of more than a dozen bottles. We have also found the receipts for these purchases of only one or two days prior to the take down of the lab. As to what these cooks intentions are, we are not sure. The peroxide solutions are far too weak to try to oxidize their ephedrine to methcathinone. They are also not producing a very good quality of methamphetamine. If anyone has any further information concerning the use of hydrogen peroxide in clandestine laboratories we would greatly appreciate it. P. Dawn Sorenson San Bernardino Sheriff’s Crime Lab San Bernardino, CA

CHICKEN FEED CRANK RUMOR SURFACES AGAIN The following recipe is being passed around the San Bernardino County desert area. The feed of choice is Purina Product 28. Feed stores refuse to sell this material unless proof is given regarding its legitimate use. The “cook” caught with this recipe claims the product is “...great.” "25 gallons of ether, 25 gallons kerosene, 90 pound bag high yield chicken mesh (Purina makes it). But as long as its top brand. You may need a license as a chicken farm to buy it, or you can get buddy-buddy with someone that works in a feed store or on a chicken farm. Also, you need 55 gallon trash can (plastic). 100 gallon (glass or Plexiglas) fish tank. The ether you can buy at parts store as starter fluid (I don’t remember name). But its the only red and white can. Kerosene you can get from most gas stations or truck stops or even hardware stores. Dump 90 pound sack of chicken mash in 55 gallon trash can. Dump 25 gallons of kerosene on top and stir (real good) for about 1-2 hours. Cover with cheese cloth, so it breaths but don’t get particles. Next (after 24 hours) strain with same cheese cloth into fish tank then mix or spray the ether into fish tank. Stir (real good) filter with cheese cloth or plastic bag. Leave 24 hours, this will be two layers next day. You keep top layer (its the oil). Bottom is Poison! Put the top layer you suck off with baster in the sun to dry. Will look like rock salt and its ready." (Note: The belief by clandestine laboratory operators that chicken feed may be used as a source of ephedrine, methamphetamine, or other precursor material is not uncommon. For more information, refer to “An Investigation of the Extraction of Methamphetamine From Chicken Feed and Other Myths,” R.A. Ely, Journal of the Forensic Science Society, Volume 30, November-December 1990, pp. 363-370.) Cathy Wojcik San Bernardino Sheriff’s Crime Lab San Bernardino, CA

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WISCONSIN MAKES EPHEDRINE A SCHEDULE 4 SUBSTANCE The state of Wisconsin made ephedrine a Schedule 4 controlled substance effective May 13, 1994. The language in the law is not especially clear as to the portion regarding therapeutically insignificant quantities of another active medicinal ingredient. A copy of the text of the law follows: “1993 Wisconsin Act 468 “AN ACT to create 161.20(3m) of the statutes, relating to classifying ephedrine as a schedule IV controlled substance. “The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: “SECTION 1. 161.20(3m) of the statutes is created to read: “161.20(3m) EPHEDRINE. Unless specifically excepted under federal regulations or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of ephedrine or a salt of ephedrine, an optical isomer of ephedrine or a salt of an optical isomer of ephedrine. This subsection applies only if the ephedrine, salt, optical isomer or salt of the optical isomer is the only active medicinal ingredient or if there are only therapeutically insignificant quantities of another active medicinal ingredient.” Robert Block State Crime Laboratory - Madison Madison, WI

MDMA LAB SEIZED IN BOULDER Authorities recently seized a MDMA laboratory in Boulder, Colorado. Along with the lab, an indoor marijuana cultivation was also seized. The cook had originally extracted safrole from sassafras root. Among the items seized were 2 Kg of safrole; 250 g of methylamine hydrochloride; 1 gallon of commercial muriatic acid; 1 lb. of sassafras bark, 2-500 g reagent bottles containing suspected reaction mixtures; several suspected extracts of sassafras root; over 100 marijuana plants; assorted glassware; carbon dioxide tanks; a SKS assault rifle; a Sig-Sauer automatic pistol; and a publication called “The Complete Book of Ecstasy.” If any lab detects tetrahydrofuran (THF) residue and/or ammonium chloride in their methamphetamine samples it may be an indication of the lithium-ammonia reduction method. I would appreciate any information on these types of samples as I am trying to determine if this manufacturing method is gaining popularity. Tim McKibben Aurora Police Crime Lab Aurora, CO

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION METHCATHINONE LAB SEIZED IN VIRGINIA On February 18, 1994 investigators from the Prince William County Police Department in conjunction with DEA chemists and agents found the remains of a methcathinone laboratory in a burnt-out second floor bedroom of a townhouse in Manassas, Virginia. The operator of the laboratory had been producing methcathinone in small quantities since the summer of 1990 for his own use and that of a small group of other people. He was self-taught in chemistry and pharmacology, his formal education having ended with a GED earned while in reform school. His awareness of methcathinone was the result of research in a local university library and at the National Institutes of Health library. The synthesis was done on a small scale, primitive basis using the method given in the Parke-Davis patent for the manufacture of methcathinone. The defendant, who was a heavy user of the methcathinone he produced, typically made batches in the five gram range, using ephedrine hydrochloride tablets as the starting material. The fire started when a candle the defendant was using to illuminate a thermometer ignited vapors from toluene that was being fractionally distilled. This laboratory was the first methcathinone lab reported in the eastern United States. The operator stated that he did not have any connection with the methcathinone labs reported in the Mid-West. Norman E. Mausolf DEA Mid-Atlantic Laboratory Washington, DC

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NON-METHAMPHETAMINE “ICE” SAMPLES BEING ENCOUNTERED IN HONOLULU During the past 6-8 months, the Honolulu Police Department Crime laboratory has received suspected “ICE” methamphetamine seized incidental to arrests by officers containing only d-dimethylamphetamine HCl; or d-methamphetamine HCl and d-dimethylamphetamine HCl. The samples containing the d-dimethylamphetamine HCl contain crystals that outwardly appear similar to the typical “ICE” d-methamphetamine HCl samples, e.g., the crystals are chunky, clear to slightly translucent, and essentially pure [see photos]. Identification of the d-dimethylamphetamine HCl was by infrared spectroscopy, GC/MS, and polarimetry. In the cases where both drugs were present, the suspects possessed several small plastic bags containing crystals appearing to be “ICE.” On examination, though, at least one of the plastic bags contained crystals of only d-dimethyl-amphetamine HCl. Based on conversations with chemists from the DEA Western Lab in San Francisco, it was suggested the synthesis of the d-dimethylamphetamine HCl may be through the reduction of l-methylephedrine. Pia Ann T. Ely (Ryan) Honolulu PD Crime Laboratory Honolulu, HI

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CENTRAL CALIFORNIA MEXICAN NATIONAL DRUG LAB TRENDS: SPRING 1994 JERRY MASSETTI, M.S. California State Department of Justice Fresno Laboratory 1704 E. Bullard Fresno, CA 93710 Clandestine laboratory activity associated with Mexican Nationals making methamphetamine in the Central Valley of California is still increasing. The number of clandestine laboratories investigated by the California State Department of Justice Bureau of Narcotics in Fresno during the first six months of 1994 exceeds the total for all of 1993. Almost twenty incidents requiring responses by laboratory personnel to scenes involving Mexican Nationals have occurred during the first half of 1994.

POSSIBLE TRENDS Most of these operations are designed to be transported to secluded locations. One case which occurred in June demonstrated this mobility. A Chevy Blazer and a Chevy van contained all the chemicals and equipment necessary to set up and process forty pound batches of methamphetamine. This equipment included four-22 liter reflux apparatuses, two-55 gallon spigotted drums, generators for electricity, suction flasks, vacuum pumps, compressed hydrochloric acid gas cylinders, personal protective gear and extra clothing. The only chemical ingredient missing in the vehicles was ephedrine. Ephedrine is usually found as a reagent powder. A few lab scenes have used the ephedrine tablet extraction processes, at least one of these was on a very large-scale involving hundreds of bottles of ephedrine tablets. A possible trend that is being observed is labs involving extraction of ephedrine tablets are usually associated with individuals with ties to the San Francisco Bay Area. The number of suspects arrested at some of these scenes is large. Three recent scenes involved 13, 15 and 16 subjects each. The case involving 15 subjects was the result of several weeks of investigation in Fresno County. To the chagrin of law enforcement agencies involved, and without their knowledge, the 15 individuals arrested at the scene were released by the custodian of the jail simply because the jail was full. Several cases involving more than 10 defendants have used grand jury proceedings in lieu of preliminary hearings. At least three lab scenes which have occurred in the last six months have used the same location or one very near to an investigation which occurred within the last two years. At least four lab scenes have occurred at locations where fighting roosters were being housed. It has been suggested that there may be an association between methamphetamine

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manufacture, trafficking and those who promote rooster fight gambling among Mexican National laborers.

HEATING MANTELS Glascol brand heating mantels are being found consistently at all of these scenes associated with Mexican Nationals. With only rare exception, 22 liter mantels are used. These have aluminum housed external cylindrical shells made with hemispherical glass fabric insulated round bottom interiors. The Glascol model number is TM-118. Glascol places serial numbers on both their heating mantels and rheostats. Recording these has not been of much investigative use, even when the serial numbers found on equipment from different lab scenes has been in nearly sequential order. Glascol does provide the date of manufacture when requested, but they have not supplied a way of referencing who received which serial numbered equipment. A representative of Glascol indicated that they are not pleased that their products are used to manufacture illicit substances. In the first six months of 1994, at least 59 Glascol brand, Model TM-118 heating mantels have been found at twelve clandestine laboratory scenes, in the service area of the California State Department of Justice Laboratory around Fresno. The great majority of these had been used as indicated by chemical stains and corrosion. Employing methods commonly used at these scenes, each flask of this size is appropriate for the production of 10 pounds of methamphetamine each time one is used. This represents a sizable quantity of product to be found in one geographical area.

DEBRIEFING NOTES: SUBJECT INFORMATION This individual agreed to answer questions about his involvement in methamphetamine manufacture to demonstrate cooperation with law enforcement prior to his sentencing hearing. He pled to manufacturing and related charges that may result in a thirty year sentence. He has been jailed since February of 1993. The information gathered here is a result of interviews that took place in August and September 1993. Special Agent Moses Rodriguez conducted the questioning and translated these responses from Spanish.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Some of this information appeared in an earlier issue of the CLIC Journal in a submission from Dan Largent.

6.

SUPERVISORY TIPS This subject indicated that he offered the following advice to work crews setting out to manufacture methamphetamine: Simulate farm workers in everything you do. Travel to a site as if you were going there to harvest fruit. Dress like farm workers. Bring an extra set of clothes. Leave the ones you wear while handling chemicals behind at the scene. Weekends are best. Cops don’t work weekends. There are usually fewer ranch employees around on weekends too. Don’t drive around after midnight on weekends though, because DUI enforcement might notice. Wait until early morning and make it look like you are a work crew going to a job site.

DIRECTIONS The following outline paraphrases the translation of this individual’s process for producing at least twenty pounds of methamphetamine from about twenty five pounds of ephedrine. His system used two 22 liter reaction vessels or multiples thereof. Quantities are measured in the most practical expedient way possible and are only approximate. A. Part One: The Reflux 1. Break down a 25 kg tin (55 lb. metal canister) into suitable sized plastic bags. a. Bags that contain 5 pounds each work pretty good. b. Sometimes larger bags are used. 2. Set up two 22-liter round bottom flasks in heating mantels. a. Use single neck flask. Triple necks are a bother because you have to plug up the extra holes. b. Don’t bother with condensers. Some other bosses of work crews use condensers and probably get better product. Condensers are much more trouble than they are worth. 3. Add two of the approximately 5 pound bags of ephedrine to each 22 liter flask. Divide another 5 pound bag of ephedrine between the two flasks. The total ephedrine in each flask is between 12 and 13 pounds. a. Three 5 pound bags of ephedrine will be too much and will boil out of a 22 liter flask once the other ingredients are added and it is heated. 4. Add 2 pounds of red phosphorous to each flask. a. This can be added to the flask before the ephedrine. The order is not important. 5. Divide the contents of a 5 gallon container of hydriodic acid between the two flasks. The total acid in each flask is about two and one half gallons.

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7.

Apply heat for 8 hours. a. Turn the rheostat up to its maximum setting. Check on it occasionally over the next one to two hours. You want it to come to a good boil, but you don’t want it to boil over. When it is boiling well, turn the rheostat back down to a setting of 4. Leave it at that setting for the balance of eight hours. If it is really cold outside it may take two hours to come to a boil. If that happens, only let it boil for six hours more. Turn off the heat to the reaction vessels. a. Leave them to cool off until the next evening. b. Don’t try to handle them until they are cool. c. Don’t try to cool them off with ice.

B. Part Two: Separating the Product 1. Pour off the liquid from each 22 liter flask into several five gallon plastic buckets. a. Divide the liquid from each flask into four different buckets. This is about one half to three quarters of a gallon in each. b. A total of eight five gallon buckets will be needed for this step since two reaction vessels were set up. 2. Add 10 granules of “sal de huevo” (sodium thiosulfate, “salt of eggs”) to each bucket. Stir this until it smells. 3. Add 1 gallon of water to each bucket. Total volume in each bucket is about 1.5 gallons. 4. In a separate dry five gallon plastic bucket, measure about 3 pounds caustic soda. Estimate this amount by sight only. 5. In another separate five gallon plastic bucket, put the contents of two seven pound bags of crushed ice. 6. Simultaneously add the 3 pounds of caustic soda and the 14 pounds of ice to one of the eight five gallon buckets prepared above in step B-1. a. Rapidly stir the reaction mixture while these things are being added to each other. b. The mixture will give off a lot of heat. The ice melts quickly. c. Repeat this step for all eight buckets. d. Note that at least 16 seven pound bags of ice and 24 pounds of caustic soda are needed at this point. 7. Immediately pour four of the buckets into a 55 gallon drum fitted with a spigot. Pour the other four buckets into a second 55 gallon drum. 8. Add freon to both 55 gallon drums. Stir these well. a. Divide three 100 pound freon cans between the two 55 gallon drums. This is about 150 pounds (10-11 gallons) each. b. These are the hardest steps. They have to be done quickly. The mixture gets hot. A lot of manpower is needed: one man for the ice bucket; one, for the caustic soda bucket; another to stir; another to dump the bucket into the drum.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 9.

A bottom layer will separate. This is the good part. Draw off small portions into a 5 gallon bucket. Insert the wand from a hydrochloric acid gas cylinder into it and slowly wave it around. A solid forms in the bucket and on the wand. Shake off the wand in the liquid. When solid doesn’t form on the wand anymore, move on to another bucket containing another portion of freon drawn from the 55 gallon drum. 10. After the hydrochloric acid gas treatment, pour the contents of the bucket onto sheets stretched across another five gallon bucket. The solid product is trapped on the sheet. Pour the liquid freon back into the 55 gallon drum. 11. Twist the sheet to strain off as much liquid as possible. Mop bucket wringers are useful to squeeze remaining liquid freon away from the solid product. 12. Package the solid in plastic bags and wrap with foil.

INGREDIENT RATIOS Approximate quantities required for one 22 liter reaction vessel are abstracted from the above procedures and listed below. Note that the above procedure actually used multiples of two vessels. Ephedrine Hydrochloride ........12.5 pounds, about 2.5 five pound bags Hydriodic Acid (57%) .............2.5 gallons, one half of a 5 gallon carboy Red phosphorous ..................... 2 pounds Sodium Thiosulfate ................. 1 gram, 4 X 10 granules Caustic Soda ............................ 12 pounds, 4 X 3 pounds Crushed Ice ..............................56 pounds, 8 X 7 pound bags Freon 113 ................................. 150 pounds, 1.5 X 7 gallon cans (10-11 gal.) Hydrochloric acid gas ..............1 cylinder

Since the last issue of the Journal, I have changed my Internet service. I can now be reached by E-Mail at: [email protected] In addition, the following individuals have contacted me with their Internet addresses: Alexander Shulgin, Ph.D. ........... [email protected] Mark Traughber ......................... [email protected] If you have access to an Internet account to receive E-Mail and would like to have your Internet address published, please contact the Editor at the E-Mail address above.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

METHAMPHETAMINE SYNTHESIZED FROM EPHEDRA EXTRACT ENCOUNTERED LARRY PEDERSON Criminalist City-County Regional Forensic Laboratory 910 10th Avenue Greeley, CO 80631 The Greeley-Weld County Regional Forensic Laboratory in Greeley, CO recently analyzed two exhibits of methamphetamine HCl which also contained significant amounts of amphetamine and N,N-dimethylamphetamine. A inquiry to the Drug Enforcement Administration Laboratory (DEA) in San Francisco, CA revealed this combination of phenethylamines has been encountered previously in exhibits from clandestine methamphetamine laboratories where the suspect’s were extracting the ephedrine from ephedra plant material. The first exhibit weighted 3 grams and contained approximately 60% methamphetamine. The second exhibit weighed approximately 5 grams and contained approximately 70% methamphetamine. Both had white soap-like lumps that were the amphetamine, methamphetamine, and N,N-dimethylamphetamine mixture having inositol as the excipient. The relative ratios of these compounds is evidently variable as

MONOGRAPH

ON

the DEA chemist encountering “ephedra” methamphetamine reported that N,N-dimethylamphetamine was the second most prominent peak in the mixture. These exhibits have amphetamine as the second most prominent compound [Fig. 1}. A complete mass spectra of N,N,-dimethylamphetamine was not obtained, but a reference can be found in CND Analytical’s reference set [1]. A special thanks to the University of Northern Colorado, Department of Chemistry and Biochemistry for the use of their GC/MSD.

REFERENCE 1. “Analytical Profiles of Amphetamines and Related Phenethylamines,” CND Analytical, Inc., PO Box 1525, Auburn, AL 36831-1525.

ALPHA-PHENETHYLAMINES AVAILABLE

Leslie King, Ph.D. of the Forensic Science Service, Aldermaston Drug Intelligence Laboratory has produced a Forensic Science Service Report titled “Alpha-Phenethylamines: A New Series of Illicit Drugs.”(FSS Report No. TN 799) The report discusses the possible physiological effects of the amphetamine and MDA analogs of alpha-phenethylamines. This compound is being seen with increased frequency in the U.K. In addition, a laboratory synthesizing amphetamine and alpha-phenethylamine using a Leuckart method was seized in the Netherlands in May of this year. Any one interested in a copy of this report may contact Dr. King at: Leslie A. King, Ph.D. Forensic Science Service Aldermaston Laboratory Aldermaston, Reading Berks RG7 4PN UNITED KINGDOM

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

DESERT METHAMPHETAMINE: AN EMPIRICAL STUDY OF THE EFFECTS OF OUTSIDE TEMPERATURE ON THE EPHEDRINE / HI REACTION MIXTURE DONN CHRISTIAN, B.S. Criminalist Arizona DPS Crime Laboratory PO Box 6638 Phoenix AZ 85005

INTRODUCTION In Arizona in the late 1980’s and early 1990’s the most popular synthesis route for the production of methamphetamine in clandestine drug labs was the reduction of ephedrine using hydriodic acid and red phosphorus. The reaction was generally conducted using a reflux apparatus. However, alternative equipment, i.e., pressure cookers, crock pots and pyrex pans had also been utilized. Rumors from confidential informants had been circulating that some clandestine drug lab operators were placing the reaction mixture into jars and placing them in the desert. After a period of time the operator would return and extract the methamphetamine. The ephedrine / HI reaction is an endothermic reaction that requires heat to provide enough energy to drive the reaction. Ambient laboratory temperatures are not enough to provide the necessary activation energy to produce the desired product. However, the outside temperatures of the desert southwest may provide sufficient energy to make the reaction take place.

EXPERIMENTAL Two identical reaction mixtures were prepared and placed into 125 ml amber glass jars with teflon lined screw caps. The reaction mixture consisted of 10 gm of ephedrine HCl, 5 gm of red phosphorus and 50 ml of HI. One jar was placed in a secure area outside the laboratory. The location was exposed to direct sunlight from 0630 hours until 1230 hours, after which time the location was shaded from direct sunlight. The other jar was placed in a vent hood inside the laboratory. Samples were taken at 0800 hours each day of sampling. The temperature values used for the outside jar were the high and low temperature values for the Phoenix metropolitan area for the days of the test. The inside temperature value was a measured value taken in the laboratory that the jar was located. Table 1 is a listing of the temperatures that the reaction mixture jars were subjected to. A 1 ml. sample from each jar was made basic with 2 N sodium hydroxide solution and extracted with 2 ml. of chloroform. The extracts were analyzed by gas chromatography and gas

PAGE 18

chromatography/mass spectroscopy. The compound ratios were calculated by using the peak areas from the GC analysis.

RESULTS AND DISCUSSION As expected the reaction mixture that remained inside the laboratory showed no detectable amount of methamphetamine over the test period. However, aziridine compounds associated with the ephedrine / HI reaction were detectable after one day. Their concentration never exceeded 10% of the component total. The reaction mixture that was placed outside produced a detectable amount of methamphetamine (0.5% of the components ratioed) after 1 day . The aziridine concentration (21.0% of the components ratioed) at this sampling was significantly greater than the methamphetamine concentration. A shift in relative concentration between the aziridines and methamphetamine occurred between the sampling at 2 days and the sampling at 6 days (3 day weekend). The percentage of total aziridines dropped from 36.3% to a total of 15.9%. The percentage of methamphetamine jumped from 1.2% to 19.1%. This indicates that the available heat energy was being used for the transition of the iodomethamphetamine (as reflected by the aziridine concentration) to methamphetamine [1-4, 7]. This same type of concentration shift was also seen in the ephedrine / HI reaction conducted using the pressure cooker as a reaction vessel [5, 6]. During this time frame the ephedrine percentage of the reaction mixture only decreased a small amount, 65.0% of the total at 2 days to 62.5% at 6 days. The amount of ephedrine contained in the reaction mixture gradually decreased over time. After 8 days only 43.2% of the ephedrine had been consumed. After an initial decrease of 21.5% the first day, the amount of ephedrine decreased on average 3.1% per day. At that rate it would take and additional 18 days to consume the remaining ephedrine.

CONCLUSIONS The ephedrine/HI reaction requires heat to provide the activation energy necessary to drive the reaction. Ambient laboratory temperatures do not provide enough energy. Outside summer temperatures in the desert southwest do provide enough

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION energy to drive the reaction. However, there is some temperature between the extremes below which the reaction will not take place. These findings may have implications concerning the results from the laboratory analysis of reaction mixtures from clandestine drug laboratories. The ephedrine/methamphetamine ratio in a reaction mixture that has not gone to completion may change over time depending upon the storage conditions that the samples were subjected to between seizure and analysis. Samples exposed to elevated temperatures during storage (eg. the trunk of a car, an non air conditioned warehouse or storage facility) may see the concentration of methamphetamine increase over time. This phenomenon can lead to a number of “what if “ questions that are beyond the scope of this article.

REFERENCES 1. Keil, R. D., Summerhays, L. R., “The Ephedrine / HI Reaction: Mechanism and Variations”, Clandestine Laboratory Investigating Chemists Association Training Seminar, (September 1991).

2. Abercrombie, J. T., “Analytical Data from Modifications of the Ephedrine / HI Synthetic Route for Methamphetamine: 1. Substitutes for Hydriodic Acid”, Clandestine Laboratory Investigating Chemists Association Training Seminar, (September 1991). 3. Abercrombie, J. T., “Empirical Study of the Effects of Initial Precursor Amount in Regard to Final Yield, Ratio of By-Products and Other Information in the Ephedrine / HI / Red Phosphorus Synthetic Route”, Clandestine Laboratory Investigating Chemists Association Training Seminar, (September 1991). 4. Skinner, H. F., “Methamphetamine Synthesis via Hydriodic / Red Phosphorus Reduction of Ephedrine”, Forensic Science International, Volume 48, pp. 123 (1990). 5. Christian, D. R., Schneider, R. S., “Methamphetamine via the Pressure Cooker”, Journal of the Clandestine Laboratory Investigating Chemists Association, Volume 1, No. 3, pp. 17 (July 1991). 6. Allen, A. C., et.al., “Methamphetamine from Ephedrine: I. Chloroephedrines and Aziridines”, Journal of Forensic Science, Volume 32, No. 4, pp. 953 (July 1987). 7. Cantell, T. S., et.al., “A Study of Impurities Found in Methamphetamine Synthesized from Ephedrine”, Forensic Science International, Volume 39, pp. 39-53 (1988).

Table 1

Day

1

2

3

4

5

6

7

8

Inside Temp

76

76

76

76

76

76

76

76

Outside Low

83

83

83

83

80

82

81

84

Outside High

109

107

103

104

104

100

103

104

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

DETECTING INVISIBLE RISKS: INFORMED CONFINED-SPACE PERMITTERS AND ENTRANTS SELECT AND USE MONITORS TO PROTECT AGAINST SUFFOCATION, POISON AND EXPLOSION

JOHN F. REKUS, MS, CIH, CSP Occupations Health and Safety May 1994, pg. 44-60. Believe it or not, atmospheric testing instruments have existed for centuries. The oil lamp may be the first combustible gas indicator. While ancient miners probably didn’t know that the lamp’s flame ignited naturally occurring methane, they were certainly aware of the subsequent explosion! Some miners may have inferred that a weakening of the flame indicated another problem with the air. Today, we would call it oxygen deficiency. As time progressed, miners became more sophisticated and for a while they used caged canaries to detect the presence of carbon monoxide. The theory was that the canaries would be affected by carbon monoxide before the miners. When miners saw the canaries keeling over, they could evacuate before they too were overcome. While the idea was good in theory, it failed in practice. Canaries, it seems, provided a reliable indication of high levels of carbon monoxide, and were affected well before the miners. However, because of the way canaries metabolized carbon monoxide, they were unaffected by lower concentrations which proved fatal to the miners. Perhaps the first significant advance in gas detection occurred in 1815 when Sir Humphry Davy invented the miner’s lamp. The Davy lamp not only provided miners with illumination, but it also served as a combination oxygen and explosive gas detector. The wick of Davy’s lantern was surrounded by two layers of fine metal mesh which acted as a flame arrestor. The screen permitted air to flow into the wick area, while at the same time preventing the open flame from igniting combustible gases. A shortening of the flame indicated a decrease in oxygen, and a lengthening indicated the presence of a flammable gas. Electronics has progressed to the point where it is no longer necessary to watch the height of a flame. Modern field-portable instruments have become more sophisticated and rely heavily on electrical and chemical methods to detect the presence of literally hundreds of substances. Increasing sophistication has precipitated a need to increase the sophistication of instrument operators. These days anyone who is going to use gas detection instruments to evaluate confined spaces had better be able to:

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➝ Select the most appropriate instrumentation for evaluating the anticipated atmospheric hazards. ➝ Check the instrument to verify that it is functioning properly and reading correctly. ➝ Use the instrument in a manner that ensures the atmosphere in the space is thoroughly evaluated. ➝ Correctly interpret the measurement results. CHARACTERISTICS. Hand-held, direct-reading instruments typically employ sensors to detect the presence of specific gases in confined spaces. Signals produced by the sensors are processed electronically. Results are indicated by a meter or digital display. Sensor-based instruments enjoy wide popularity because they are highly portable and are able to evaluate some of the more frequently encountered confined space hazards. Only a handful of toxic contaminants can be evaluated with existing sensor technology, but this limitation is offset by instruments such as infrared “IR” analyzers and portable “GC” gas chromatographs. Regardless of the type of instrument, users must be aware of four important concepts: ➝ Interference from materials other than the substance of interest. ➝ Instrument response time. ➝ The difference between accuracy and precision. ➝ Requirements for intrinsic safety. INTERFERENCES. All gas detection systems will be affected to some degree by contaminants other than that for which the system is calibrated. For example, an instrument calibrated for acetone may be affected by other ketones such as methyl ethyl ketone and methyl isobutyl ketone. Interferent materials that result in the instrument reading higher than the actual concentration are called positive interferents, while those that cause a lower-than-actual reading are called negative interferents. The biggest problem with interferent gases is that their presence can lead to misleading conclusions about the measurement results. For example, negative interferents can mask a hazardous atmosphere by causing an instrument to indicate a lower airborne-contaminant concentration than actually present. This could lead the person making the measurement to

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION conclude that the space is suitable for entry even though it contains a hazardous atmosphere. Interferents may also trigger false alarms in instruments equipped with an alarm feature. For example, an instrument set to alarm at a level of 10 ppm of hydrogen sulfide may be affected by low levels of other sulfur containing contaminants such as mercaptans. If nuisance tripping persists, employees may decide to ignore the alarm or turn it off. In either case, the alarm will be defeated and entrants will not be warned should an actual toxic gas hazard arise. RESPONSE TIME. Air sampling instruments do not provide measurement results instantaneously. Instead, there is a slight delay encountered as the air sample makes its way to the sensor. Once it arrives, there is another delay as the sensor reacts to the substance of interest. The period between the time the measurement starts and the time when a reliable reading can be obtained is called the response time. Response times for many portable instruments are on the order of thirty to sixty seconds, and some may be as long as two or three minutes. That means that an operator must sample the atmosphere for that length of time before he can be sure of the reading. In other words, measurements made by inserting an instrument into a space for a few seconds, as is often done by improperly trained technicians, won’t tell you anything since the instrument hasn’t had enough time to respond fully to the conditions in the space. ACCURACY VS. PRECISION. The terms accuracy and precision are often used interchangeably. This is incorrect. Accuracy indicates how close a measured value is to the actual value. For example, if the actual concentration of particular gas or vapor is 100 ppm, a measurement indicating 101 ppm would be more accurate than a measurement of 90 ppm. Precision, on the other hand, describes the level of variability that exists between repeated tests. A high degree of precision exists when repeated measurements produce the same result. Since precision is a measure of variability, it is possible for measurements to be very precise (reproducible) without being accurate (correct). Consider a target shooter who aims for the bull’s eye of a target. He squeezes off three rounds, all of which hit the target within 2 millimeters of each other-very precise. The problem is that they all hit the left corner of the target. Not very accurate if you’re aiming for the bull’s eye. INTRINSIC SAFETY. Intrinsically safe instruments are those whose circuits won’t be a source of ignition even where flammable gases or vapors may be present. Intrinsic safety is important in places such as refineries and chemical plants where even a small spark could blow up the plant. Instruments may be intrinsically safe “by design” or “by third party certification.” The difference is that in the first case, you are relying on an electrical engineer’s experience for design of

VOLUME 4 NUMBER 3 - JULY 1994

a safe instrument. In the second case the instrument has been “proof-tested” by an independent testing lab and shown to be incapable of igniting specific gases. Which do you want to bet your life on, someone’s experience, or an actual test. COMBUSTIBLE GASES. Combustible gas meters were first introduced in the 1930s, and their operating principle has changed little since then. Most detect the change in resistance that occurs when combustible gases and vapors react with a hot catalyst-coated filament, but a few use metal oxide semiconductor “MOS” sensors. The meter employs a Wheatstone Bridge circuit which consists of four resistors arranged in a diamond configuration. Voltage is applied across two opposite points of the diamond and a meter is connected across the remaining two points. If the resistance of all four legs of circuit is the same, the meter reads zero. However, a change in the resistance in any leg causes an up-scale meter deflection, proportional to the degree of resistive change. The combustible gas meter substitutes a heated filament for one of the resistors. The earliest units used a bare wire; however, later designs incorporated a catalyst-coated filament or catalytic bead which provides the same degree of combustion efficiency at lower operating temperatures. The catalytic sensor actually employs two of these beads: one senses combustible gases, the other compensates for changes in ambient temperature. The instrument is first electrically zeroed to compensate for the initial resistance offered by the bead. As air is drawn into the combustion chamber, flammable gases and vapors are ignited on the bead. When the metal filament heats, its electrical resistance increases because the metal molecules draw further apart. The resulting increase in filament resistance produces an upscale meter deflection proportional to the concentration of the flammable gas or vapor. While the instruments are capable of detecting a wide variety of flammable gases and vapors, they are nonspecific. This should not be surprising since all combustible gases produce heat when they burn, and it is this heat of combustion that causes the upscale meter deflection. For this reason, combustible gas meters are unable to differentiate between specific contaminants when there is a mixture of combustible materials. Since combustible gas meters are factory-calibrated for a single gas, usually methane or pentane, the meter will be accurate only when measuring the specific gas for which it was calibrated. For example, consider a meter calibrated for pentane. Since pentane has a lower explosive level (LEL) of 1.5 percent, the meter will read full-scale (100 percent of the LEL) in atmospheres containing 1.5 percent pentane. Pentane concentrations of 0.15 percent and 0.75 percent, which are onetenth and one-half of the LEL, would produce meter readings of 10 percent and 50 percent of the LEL respectively . But if measurements were being made for another contaminant, say xylene, then the reading would not necessarily indicate the true percentage of the LEL. In fact, significant differences may be observed. It is possible to compensate for these differences by

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION using calibration correction charts provided by some vendors. Because the detection principle is based on combustion, there are two other limitations that users must be aware of when using these instruments. First, there must be enough oxygen in the space to support combustion. Second, the meter may not be accurate in atmospheres above the upper explosive level. Meters that use the catalytic combustion method of detection will not provide an accurate reading in atmospheres containing less than 10 percent oxygen. In fact, the readings obtained in oxygen-deficient atmospheres will be lower than actual because combustion in a low oxygen atmosphere will result in less heat. Oxygen-enriched atmospheres pose a different problem. An increase in oxygen may produce combustion temperatures that exceed the safe working limits of the flame arrestor and the meter itself could cause an ignition. These problems can be addressed by always testing for oxygen first. Measurements in atmospheres above the upper explosive level (UEL) pose another problem: the meter rises, goes off scale, and then returns to zero. The initial rise is caused by the combustible gas entering and mixing with oxygen present in the sensor block. As the gas level equilibrates at the UEL, combustion ceases because the mixture is too rich to burn. As a result, the display drops to zero. It is essential that operators be aware of this phenomenon, and constantly monitor the reading as it is displayed. If an operator’s attention is diverted, he may miss the rise and fall of the meter and mistakenly determine that a space is “safe” for entry even though the atmosphere is really above the upper explosive level. As air diffuses into the space over time, the atmosphere will enter the explosive range. If a source of ignition is introduced, the gas could explode. HEALTH HAZARDS. To provide a margin of safety from potential fire and explosion hazards, spaces containing more than 10 percent of the LEL must not be entered. However, since the LEL for many materials is well above the concentration which could pose a health hazard, exposure to as little as 10 percent of the LEL could have serious health-related consequences. In other words, a toxic atmosphere may exist at vapor concentrations that are considered “safe” from a fire and explosion perspective. Using ethylamine as an example, the lower explosive level is 3.5 percent. Since 1 percent by volume is the same as 10,000 parts per million (ppm), 3.5 percent equates to 35,000 ppm. Thus 10 percent of the 35,000 ppm LEL is the same as 3,500 ppm. However, the Threshold Limit Value (TLV) for ethylamine is only 5 ppm. That means that at 10 percent of the LEL, the air would exceed the TLV by 700 times! SENSORS. Sensor-based instruments are available in dozens of makes and models, but all are functionally similar. Air enters the instrument either passively, by diffusion, or actively, by means of a small battery-powered vacuum pump. Next, the gases of interest interact with sensor elements, which produce an electrical signal proportional to the gas concentration.

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Finally, the signal is processed and displayed directly on a meter or digital readout. As might be expected, single gas instruments are available for oxygen, combustibles and a variety of toxic materials. Multi-gas instruments most often incorporate detectors for both oxygen and combustible gases, but many also include sensors for one or more toxic gases. While hydrogen sulfide and carbon monoxide sensors are standard in many instruments, some manufacturers offer other choices such as chlorine, sulfur dioxide and nitrogen dioxide. Electro-chemical sensors are available for measuring oxygen, carbon monoxide, hydrogen sulfide, oxides of nitrogen, ozone sulfur dioxide and chlorine. The cells usually comprise a small plastic cylinder open on one end. Inside the cylinder are two electrodes that are surrounded by a liquid, a gel-like fluid, or a porous, liquid-impregnated solid. After assembly, the open end of the cell is covered with a gaspermeable membrane. A polarizing voltage is established between the two electrodes so that one is negatively charged and the other positively charged. When a contaminant gas flows into the sensor, it produces an oxidation reduction reaction which causes electrons to flow between the two electrodes. The flow of electrons establishes a current that is proportional to the toxic gas concentration. This current flow is subsequently converted to a voltage which can be read on a meter or digital display. Metal oxide semiconductor (MOS) sensors are solid-state devices that consist of a pellet or film of metal oxides (usually a proprietary mixture of oxides of iron, tin and zinc), imbedded with a noble metal heating wire (gold, silver or platinum). The wire raises the temperature of the semiconductor material, and electrodes touching the surface of the MOS material measure its resistance. An electrical resistance baseline is established once oxygen absorbed on the MOS surface equilibrates with oxygen in the oxide mix. However, when contaminant gases react with absorbed oxygen on the sensor’s surface, they change the surface oxygen concentration, lowering the surface electron charge. This lowering of surface charge greatly affects the resistance of the semiconductor. Changes of only a few parts per million of many reducing gases will cause a significant lowering in resistance. Absolute selectivity is unattainable in semiconductor sensors since they respond to a variety of gases. However, sensor fabrication techniques coupled with the carefully formulated oxide blends and appropriately selected operating temperatures can enhance the response of some gases over others, producing an acceptably low response to interferences in many applications. Some manufacturers use MOS devices as the sensing element for combustible gas meters. MOS sensors in this application have an advantage over catalytic filaments in that they operate at lower oxygen levels. MOS sensors are very reliable and much less prone to being poisoned by lead and silicon-containing

VOLUME 4 NUMBER 3 - JULY 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION materials than are catalytic filament detectors. CALIBRATION. While the terms calibration and fieldcheck are frequently used interchangeably, there is a slight difference between them. Calibration is a process performed by a factory, a factory service center or a factory-trained technician. The instrument is checked using at least three concentrations of test gas to verify that it is responding linearly. In other words, that correct readings are obtained at low, medium and high gas concentrations. Field checking, on the other hand, is done by the instrument user. It involves checking the response of the instrument at a single point, usually at mid-scale. ➝ Methodology. Field checks of sensor-based instruments are usually performed by first “zeroing” the instrument in uncontaminated air. Gas of known concentration is then introduced from a portable cylinder and the upscale reading is manually set with a “span” control to correspond to the value of the calibration gas. The cycle of zeroing and spanning is repeated until the meter reads correctly at both zero and the up-scale checkpoint. ➝ Frequency. To ensure proper functioning, instruments must be field checked prior to each day’s use, and rechecked when left unattended for breaks or extended periods. Be wary of some manufacturers’ claims that their instruments need only be checked monthly or quarterly.

After being startled by reading such a claim in one manufacturer’s instruction manual, I spoke with one of the company’s engineers at the AIHA conference in Salt Lake City. I specifically asked how the 30 day calibration period was determined. His response was that “.. .the instrument’s stable on the bench for up to 30 days.” While this may be true, I don’t know too many people who keep their instruments “on the bench.” Most of the biggest users I know —telephone companies, petroleum refineries, electric utilities and chemical plants — have their instruments bumping around in the back of a truck or van. With all the jostling and vibration there, how can you be sure nothing’s gone wrong? Sensors can work loose, trim pots drift, printed circuit boards crack, alarm leads break, connectors disconnect... the list of potential failures is endless. Stable on the bench is one thing. Stable in the field? That’s quite another. ➝ Certified Gases. Even though The Instrument Society of America recommends that calibration gas be certified to an accuracy of ±5 percent or better, some vendors provide gases certified at 10 percent or 20 percent. It’s cheaper than gas certified at 5 percent, but let your technical judgment be your guide. Which would you bet your life on?

EVALUATING AIR IN CONFINED SPACES A sample line or probe attached to the instrument is usually inserted into the confined space through an entry portal, pipe connection or vent line to allow air to be drawn into the instrument. The operator then reads the measurement results indicated on a meter or digital display. If measurements indicate that levels of oxygen, combustibles and toxic materials are within acceptable limits, the entry may proceed. If the atmosphere is deemed to be unacceptable, entry must be delayed until the space can be more thoroughly ventilated or until entrants can be provided with suitable respiratory protection. The current crop of instruments offers a wealth of options and features: ➝ Many instruments can monitor continuously and indicate changes as they occur. ➝ Some sensor-based instruments are also equipped with alarms that sound at a preset contaminant level, warning entrants of a potentially hazardous atmosphere. ➝ Internal memory circuits can electronically record the sampling results. The stored data can be downloaded to a computer or printed out as hard copy to attach to the entry permit. ➝ Many electronic circuits are affected by stray radio-frequency energy from portable two-way radios. As a consequence, a few manufacturers offer instruments shielded against RF energy. The number of toxic gases that can be measured with hand-held electronic devices is limited to less than a dozen: ammonia, carbon dioxide, carbon monoxide, chlorine, hydrogen sulfide, oxygen, oxides of nitrogen, ozone and sulfur dioxide. Consequently, other instruments such as colorimetric detector tubes, portable chromatographs, and portable infrared spectrophotometers may be needed.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 4 NUMBER 4 - OCTOBER 1994

IN THIS ISSUE The Clandestine Drug Laboratory Health Effects Questionnaire ......................................................... 2 Lab Seizures ......................................................................................... 2 Abstracts of Technical Papers Presented at the 4th Annual CLIC Technical Training Seminar, September 7-10, 1994 Vancouver, BC - Canada ............................................................... 4 Cruising the Information Superhighway .............................................. 6 Original Papers 2C-B Analog Encountered In Wisconsin ........................................... 12 Robert Block Fabrics That Repel ............................................................................. 16 John F. Rekus The Plant They Call Ephedra ............................................................. 19 Stephen T. Bentley, B.S. The Examination of Methadone ......................................................... 22 A.B. Masinov, A.V. Beljaew, and V.I. Sorokin CLIC Member Internet E-Mail Addresses ......................................... 27  1994 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner. For more information concerning the Journal, contact the Editor.

Association Officers President: Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Vice-President: Norman Kemper AR State Crime Lab PO Box 5274 Little Rock, AR 72215-5274 (501) 227-5747 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Kenneth Fujii Contra Costa Sheriff’s Crime Lab 1122 Escobar Street Martinez, CA 94553 (510) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Past-President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz Space 270 Los Angeles, CA 90012 (213) 237-0041 Executive Board Members: Terry A. Dal Cason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640 Thomas R. Ekis Forensic Consultant Services PO Box 11668 Fort Worth, TX 76110 (817) 870-1710

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

THE CLANDESTINE DRUG LABORATORY HEALTH EFFECTS QUESTIONNAIRE JEFFEREY L. BURGESS, MD Associate Medical Director Washington Poison Center PO Box 5371, CG-09 Seattle, WA 98105-0371 I am an Emergency Physician and Clinical Toxicologist working with the Washington State Drug Lab Steering Committee, and my work includes the prevention and treatment of chemical exposures. Clandestine drug laboratories contain a large number of chemical hazards. These chemicals have caused adverse health effects during drug lab response activities. However, we are lacking basic information on these health effects, including how often responders become ill, how long these illnesses tend to last, whether certain drug lab response activities or types of drug labs are more strongly associated with illness than others, and whether certain types of personal protective equipment do a better job of protecting the wearer inside clandestine drug labs. This questionnaire was developed to begin to answer these questions. It is important to collect information from as many individuals as possible. This includes law enforcement personnel, firefighters,

and all other drug lab responders. DRUG LAB RESPONDERS SHOULD COMPLETE THIS QUESTIONNAIRE EVEN IF THEY NEVER BECAME ILL WHILE RESPONDING TO A CLANDESTINE DRUG LAB. If only those individuals who develop illness fill out the questionnaire, it will be impossible to tell how often individuals respond to drug labs and do not develop illness. Please distribute this questionnaire to your coworkers. You can make additional copies as needed. If possible, please return the completed questionnaires by January 1, 1995. Late questionnaires will still be accepted. The results of the study will be submitted for publication and made available to all interested organizations. A summary of the data will also be presented in the CLIC newsletter. If you have any questions I can be reached at (206) 517-2357, or by fax at (206) 526-8490. Participation is voluntary. Thank you for your help.

LAB SEIZURES MASON JAR LAB FOUND IN COLORADO

NEW METHAMPHETAMINE RECIPE ENCOUNTERED

Authorities seized a methamphetamine lab in Fort Collins, Colorado and arrested a long-time, known cook. The lab consisted of a large safe containing multiple Mason jars with reaction mixtures, some red phosphorus, ephedrine, acetic anhydride, isopropanol, iodine, mercuric chloride, white cross tablets in solution, and some ketamine. Some suspected heroin, cocaine, and methamphetamine were also seized. The suspect was making his own hydriodic acid inside a large triple-neck flask and was bubbling it through water. The flask was also vented into a 5-gallon carboy filled with cat litter. A second location (storage locker) was also searched and multiple flasks, adapters, heating mantles, and chemicals were recovered. This is the first time a methamphetamine lab has been seized in Colorado using the Mason jars for reaction flasks. The use of Coleman® fuel as the extraction solvent for these labs has become popular in Colorado.

The Aurora PD Crime Lab recently received a methamphetamine recipe that was seized in June of this year. This recipe contains a new twist on the reductive amination method (aluminum foil and mercuric chloride). The starting materials are carbolic acid (phenol) and monoacetone. An inquiry was made last year, concerning this route but no further information was developed. This is the first time a written recipe, using this route, has been seized by this lab. The recipe calls for 32 cups of 100% carbolic acid to be mixed with 1 quart of distilled water and heated to 43 degrees for 20-30 minutes. Remove heat and add 1 gallon of monoacetone and stir “counter clockwise” until 2 layers form. Remove the top layer (stated to be P2P). The suspected P2P is then combined with the isopropanol, aluminum foil, methylamine, and mercuric chloride. The recipe goes on to say that the meth oil is taken from the reaction flask and thrown into a freezer. The frozen material is discarded and the oil that did not freeze is taken and converted to the HCl salt.

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VOLUME 4 NUMBER 4 - OCTOBER 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Tim McKibben Aurora PD Crime Lab — Aurora, CO

DESIGNER DRUG LABORATORY FOUND IN SAN FRANCISCO In March of this year a fully operational designer drug laboratory was seized in a three story apartment building right in the middle of San Francisco. This clandestine laboratory had been used to manufacture methadone, 2C-B, STP, DOB, TMA, other substituted amphetamine and phenethylamine analogs, dimethyltryptamine (DMT), and the anti-HIV drug D4T. Precursors for pemoline (a memory drug) and other exotic drugs were also found. The lab operators were extracting various types of plant materials (from Brazil) and utilized HPLC, TLC and a polarizing microscope to test their product. A large quantity of literature was found for the synthesis of many types of drugs including RU486, the abortion pill. A computer was being used for on-line chemical database searches. William Moriwaki DEA Western Lab — San Francisco, CA

COFFEE USED TO CONCEAL METHAMPHETAMINE SMELL Recently, four methamphetamine exhibits were received by the Western Laboratory in which ground coffee was placed between the layers of packaging that contained methamphetamine product. Presumably, the aroma of the coffee was employed to mask the fragrant by-products characteristic of illicitly manufactured methamphetamine. Each oblong package consisted of several clear plastic ziplock bags enclosed one within the other, with the inner most bag containing from 100 to 250 grams of an off-white solid in the form of several irregular chunks. Approximately 10 to 30 g of ground coffee was packed within an outer bag surrounding the contents and the entire package was wrapped in gray duct tape. Analysis confirmed the off-white solid to be d-methamphetamine HCl with a a very high purity of 98 to 99%. Interestingly, gas chromatographic screening of the coffee found appreciable levels (0.5% by weight) of phenyl-2propanone (P2P), but little methamphetamine was detected. A trace amount of P2P was also present in the methamphetamine HCl solid, which is likely present as a by-product of the methamphetamine synthesis from the reduction of ephedrine by hydriodic acid. Subsequent studies have found that ground coffee has a significant capacity to adsorb semi-volatile P2P from the vapor (~1% by weight), which could make coffee particularly effective as a deodorant in this instance. Whether this means of concealment is beneficial in smuggling illicit methamphetamine and escaping canine detection may be worth further investigation.

VOLUME 4 NUMBER 4 - OCTOBER 1994

John S. Chappell DEA Western Lab — San Francisco, CA

KODAK FILM DEVELOPER CHEMICALS - APPARENT MOTIVE FOR HOMICIDE The victim and his two associates had two boxes of Kodak photography development chemicals in their possession. They had obtained them from a professional photographer’s son. The victim had been moving the chemicals around and storing them in different places. Because the trio were looking for a “cook”, there was a lot of talk among the crankster community and paranoia was running high. The suspects thought their chemicals were worth $250,000 $300,000. When no cook could be found to take the chemicals the suspects apparently decided that their partner was either: 1) A DEA agent (a real slam to the DEA - as if they couldn’t come up with a decent methamphetamine cook.) 2) A DEA informant, or 3) just a guy trying to rip them off. So our victim got two bullets in the head and was burnt up along with his new vehicle. On two previous occasions, while processing methamphetamine labs, I have run across bottles of Kodak film developer. Roger Ely has written a very nice article on this subject which was published in the Journal of Forensic Science Society (1990; 30:363-370). The reasoning is that Kodak, besides making photography film and film developers, is a manufacturer of fine chemicals. At one time, before restrictions and regulations, Kodak Company sold P-2-P. The idea that Kodak film developer chemicals contain P-2-P (or other chemicals) that can be used to make methamphetamine, persists in the drug community. Katherine S. Wilcox OSP Forensic Lab — Coos Bay, OR

WHILE WE’RE ON THE SUBJECT ... A call was received recently for information regarding the presence of phenyl-2-propanone (P2P) in bottles of Kodak Mono-Bath 50 Systems Cleaner, Part B from a police agency in northern Wyoming. A confidential informant (CI) working for investigators was in possession of one of three quart bottles of this cleaner. The suspect told the CI the Kodak cleaner, supposedly manufactured in 1977 (before P2P was controlled) contained P2P, and he needed to find someone who was able to remove the P2P so he could manufacture methamphetamine. The investigators contacted Kodak in Denver, and were

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION subsequently transferred to the Kodak Environmental Services section in Rochester. After speaking with the investigators and informing them of the myth surrounding precursor chemicals in Kodak photo products, I spoke with Kodak’s Environmental Services to review formulations for this product. The center did not have any information handy on this product prior to 1981. The representative, Ms. Deborah Stein, volunteered to check Kodak’s archives to determine fully the formulation of the Mono-Bath 50 System cleaner. After reviewing documents for P2P using 6 synonyms, Ms. Stein failed to find

any P2P in any of Kodak’s products. Kodak chemists she spoke with said it would be highly unlikely P2P would be used in any formulation due to its flammability. A more complete report from Ms. Stein will appear in the next issue of the Journal. Roger A. Ely DEA Western Lab — San Francisco, CA

ABSTRACTS OF TECHNICAL PAPERS PRESENTED AT THE 4TH ANNUAL CLIC TECHNICAL TRAINING SEMINAR SEPTEMBER 7-10, 1994 VANCOUVER, BC - CANADA

The following are abstracts of papers and posters presented at the 4th Annual CLIC seminar held in Vancouver, British Columbia. For more information regarding the content of the presentation, please contact the author(s) directly at the addresses provided. “Sodium Bicarbonate Assay in Controlled Substance Exhibits”

Thomas R. Ekis and Max Courtney, Forensic Consultant Services, PO Box 11668, Fort Worth, Texas, 76110. Controlled substance samples occasionally are encountered wherein sodium bicarbonate also is detected, especially in phenethylamines and cocaine. Synthesis strategies seem to suggest no logical reason for the presence of bicarbonates in phenethylamines beyond its use as a cutting agent; there is no apparent way to determine whether its presence in “crack” is as an intended cutting agent or as a remnant from the preparation of the cocaine free base. For either legal or investigative reasons, assay of the sodium bicarbonate is sometimes required. Due to the buffering properties of the bicarbonate ion, volumetric analysis can be difficult. This presentation deals with the methodology of titration and the selection of proper end-point indicators suitable for titration of bicarbonates. “Canadian Clandestine Laboratories. A Western Perspective”

Richard R. Laing, Health Protection Branch, Drug Analytical Service, Health Canada, 3155 Willingdon Green, Burnaby, B.C., V5G 4P2. No abstract available.

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“The Domestic Chemical Diversion Control Act of 1993”

Clyde F. Richardson, Drug Enforcement Administration, Diversion Control Section, 600 Army-Navy Drive, Arlington, VA, 22202. This presentation will explain the provisions of the federal Domestic Chemical Diversion Control Act of 1993 which became effective on April 16, 1994. The new law enhances DEA’s ability to regulate the distribution of certain chemicals used in the illicit manufacture of controlled substances. It places more requirements on handlers of these chemicals, provides administrative authority for regulating drug products containing ingredients used in illicit manufacturing, and places reporting requirements for manufacturers of regulated chemicals. “The Ritter Reaction Using Safrole: An Encounter In Two Clandestine Labs”

Richard R. Laing and Brian Dawson, Health Protection Branch, Drug Analytical Service, Health Canada, 3155 Willingdon Green, Burnaby, B.C., V5G 4P2. In two recent MDA clandestine lab seizures, references were found relating to the Ritter reaction in which safrole, acetonitrile and concentrated sulphuric acid are reacted together at cold temperatures. In repeating the synthesis the desired intermediate N-acetyl MDA was not found at any stage of the reaction. The major reaction product, although seeming to relate to MDA was partially characterized using IR spectroscopy and mass spectrometry but require 1H and13C NMR techniques for structure confirmation. The major product 3,4-dihydro-1,3-dimethyl6,7-methylenedioxy isoquinoline does not appear to be the desired end product and has also recently been identified in two street samples from the Vancouver area.

VOLUME 4 NUMBER 4 - OCTOBER 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “MDA From Safrole by the Ritter Reaction”

R. Kazlauskas and V. Murtaugh, Australian Government Analytical Laboratory, PO Box 385, Pymble, Sydney, NSW, Australia, 2071. The underground book by Uncle Fester, “Secrets of Methamphetamine Manufacture,” mentions use of the Ritter reaction to make MDA from safrole, by analogy to making amphetamine from allybenzene. But when the reaction is applied to safrole and acetonitrile, it gives only a low yield of the expected product, N-acetyl MDA. The major product appears to be an isoquinoline. It is suggested that clandestine lab chemists can use this compound as an indicator of the Ritter or related reactions. “The Use of Hydrogen Peroxide in Ephedrine Reductions: A Growing Trend”

Tim McKibben and Troy Ward, Aurora Police Department, 15001 E. Alameda, Aurora, CO, 80012. Dawn Sorenson, San Bernardino County Sheriff’s Crime Laboratory, PO Box 569, San Bernardino, CA, 92402-0569. The use of hydrogen peroxide in the reduction of ephedrine to methamphetamine has become popular in several western states. The use of this reagent introduces several new possible reaction and by-products. The use of peroxide should also be a cause of concern because of its explosive properties. This paper will introduce the use of hydrogen peroxide, its possible side reactions, by-products, and impurities to the forensic chemist. “An Overview of Central California Clandestine Methamphetamine Laboratories Associated with Mexican Nationals”

Jerry Massetti, CA Department of Justice Regional Laboratory, 1704 East Bullard Avenue, Fresno, CA 93710. Large capacity clandestine methamphetamine laboratories associated with operatives from Mexico continue to inundate Central California with increasing frequency. Work crews report to remote, secluded, usually agricultural sites to discretely deliver, process, and dispose of chemicals and equipment used to manufacture methamphetamine. Seven and ten ton shipments of ephedrine have been documented. Some manufacturing incidents have aroused environmental impact concerns. An overview of recent cases will be presented.

VOLUME 4 NUMBER 4 - OCTOBER 1994

POSTER SESSION “Cocaine in Bleach: Destroying the Evidence. Identification of Degradation Products”

Alexis Carpenter and Richard R. Laing, Health Protection Branch, Drug Analytical Service, Health Canada, 3155 Willingdon Green, Burnaby, B.C., V5G 4P2. In recent months, this laboratory has received over forty unusual exhibits from Edmonton, Alberta. These exhibits were found to contain liquid bleach, some of which had traces of cocaine. The samples were seized during raids on fortified shooting galleries where buckets containing bleach (typically one gallon ice cream containers) were found. It was suspected that the occupants had dumped quantities of cocaine into the bleach for the purpose of destroying the evidence. We were able to identify cocaine in some of the samples, but in many others cocaine was totally absent. Closer inspection of GC-MS data revealed several compounds present in large quantities and appeared to be related to cocaine. These compounds were identified as degradation products with norcoaine and N-formylcocaine being the most predominant. “The Analytical Profiling of Methamphetamine of Various Origins”

Peter Fifka, Jiri Zapletal, and Jaromir Novak, Police Institute of Criminalistics, 9.Maja 1, Banska Bystrica, Slovakia, 97486. Methamphetamine hydrochloride salt has been prepared by two different syntheses: 1. The reductive amination from 1-phenyl-2-propanone and methylamine; and 2. The reduction of ephedrine using iodine and red phosphorus. Prepared samples were examined after previous preconcentration of impurities by GC-MS analysis. Some compounds were identified among the impurities. Chromatographic spectra of both are different and by the presence of some specific impurities, it is possible to determine the way of the synthesis.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CRUISING

THE

INFORMATION SUPERHIGHWAY

Here, again, are some excerpts of material that was posted to the Internet Usenet groups of alt.drugs and alt.psychoactives. Since our last visit to the Usenet section, alt.drugs has split off to another subcategory called alt.drugs.chemistry. This new subgroup is supposed to be devoted to questions and postings of a drug chemistry nature. So far, nothing very interesting has been posted there... In addition to the alt categories, there is also a very large science section including sci.chem. Occasionally, sci.chem does get a few wandering postings from the alt.drug participants regarding the synthesis of their favorite psychoactive substance or its restricted precursor. Interestingly, the people frequenting the sci.chem section are legitimate scientists and researchers, and are not fooled by these thinly veiled attempts to obtain quick and simple “kitchen” methods for their drug chemistry. Such requests are usually met with a stern lecture to the poster, or a fairly technical response followed with a “... so, what drug are you gonna make?”

ANONYMOUS POSTINGS If you look at the Usenet groups frequently, you will often see postings where the person posting has an identification of “[email protected]” where “XXXXX” is a 5-digit number. This is called an anonymous posting. Usually, a posted message will carry the login name and Internet gateway host of the person placing the post. However, in many Usenet categories people don’t especially want their names and identification out so it can be readily identified. This is also true regarding posts coming from businesses with Internet gateways built into their systems, such as Hewlett-Packard, IBM, Microsoft, and others. You can imagine what the boss might say if he saw you using business computer time to post to alt.sex.fetishes.feet! Thus, there is a service in Finland you can send your message to that will assign you an “anXXXXX” identifier that is tied only to you. Once your message is received by the Finland service, it is then passed along to its final destination with the identifying information stripped from the message and replaced with your anonymous ID. If someone reading your message wants to reply to you, they send their reply back to you with an address of “[email protected]” and the Finland system will forward their message to you. Pretty slick, eh? For more information regarding the anonymous posting service, send a brief message requesting information to “[email protected]”. Instructions for using the service will be e-mailed to you.

DESCRETION IN USING INTERNET There are numerous crime laboratories who have recently expressed an interest in gaining access to the Internet to look at Usenet posts and other database services. If your facility is considering going on line, please think about the following:

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The exchange of information on the Net, and the Usenet groups especially, is pretty free. Many individuals are discussing very freely topics that border on, or are in fact, illegal activity. These individuals believe in the unrestrained exchange of information about drug use and other topics. We, as law enforcement, are sort of peeking in through windows and listening in on conversations of people who do not know we’re here in their domain. Many believe, rightly so, that some sort of monitoring is going on regarding the discussions being held. This explains the use of anonymous posting. If your facility should decide to link to the Internet through a commercial service, consider doing the following: Do not set up a commercial account in your lab’s name. Rather, find someone in your laboratory who is interested in learning the navigation of the Net and have them open the account. Allow the person vouch the expense monthly. This will keep the flow of information relatively free and keep the plague of paranoia from spreading, such as in my first example.

DEA IS AFTER ME! alt.drugs #56922 (6 + 145 more) From: [email protected] [1] !!! DEA TRACKED ME THRU THE NET !!! Date: Wed Aug 17 10:16:01 PDT 1994 Organization: Buena Vista College, Storm Lake, IA Lines: 15 Dear Free-Minded People, I recently recieved a message from somewhere called [email protected] and another from [email protected] saying that they (The Drug Enforcement Agency) knew of my “smoking” activities and would be contacting me shortly. This is the most outrageous act of legal government terrorism if this is not some kind of practical joke. My question is this: has anyone else been contacted by these people. If they are real, undoubltedly they got my address from posting in the alt.drugs newsgroup. Please let me know if you have been terrorized in this manner. I will keep info on the situation posted. I really want to belive this is someone’s perverse idea of a joke, but sofar I can find no reason to believe it is. Thanx for your time Aethelflaed alt.drugs #56930 (5 + 145 more) From: [email protected] (RickMAPS) [1] Re: !!! DEA TRACKED ME THRU THE NET !!! Date: Wed Aug 17 12:50:02 PDT 1994 Organization: America Online, Inc. (1-800-827-6364) Lines: 10 It is probably a bad practical joke. One way to check is to see how they identified themselves. You said the message came from the Drug Enforcement Agency. The actual name is the Drug Enforcement Administration. Also, DEA would not communicate through Harvard. I am a student at Harvard’s Kennedy School of Government and have never heard of the DEA using Harvard’s communication system for any official messages. Rick

VOLUME 4 NUMBER 4 - OCTOBER 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION alt.drugs #56959 (4 + 145 more) From: [email protected] (Pope Electric Yeti) [1] Re: !!! DEA TRACKED ME THRU THE NET !!! Date: Wed Aug 17 14:56:16 PDT 1994 Organization: Express Access Online Communications, Greenbelt, MD USA Lines: 24 X-Newsreader: TIN [version 1.2 PL2] Yep, but you still want to cover your ass if you post incriminating messages concerning certain “hobbies” you might have. There are people who would turn you in “for your own good”, “to protect the kids” or “combat drug use on campus”. Consider your private mail as safe as a message you would put on a bulletin board in a room that is *usually* locked. Learn to use anonymous remailers, or get on a server that respects your privacy (like mine). alt.drugs #56934 (3 + 145 more) From: [email protected] (good at cleaning up a mess) [1] Re: !!! DEA TRACKED ME THRU THE NET !!! Date: Wed Aug 17 13:32:13 PDT 1994 Organization: The MITRE Corporation Lines: 27 Allow me to introduce myself. My name is J. Edgar Hoover. I know you thought I was dead. Well, my body is, but my brain is alive and well in a vat in San Diego. They finally got an ethernet port wired into my frontal lobe, so now I can communicate. And the only reason we sent you e-mail instead of just busting you is we want to follow you to your SUPPLIER! One more thing: There is no way anybody on Usenet could ever forge a From: header in a news article or e-mail message. It just can’t be done. Cheah, right. Hugs, J. Edgar alt.drugs #56986 (2 + 145 more) From: [email protected] (Murple) [1] Re: !!! DEA TRACKED ME THRU THE NET !!! Date: Wed Aug 17 19:49:39 PDT 1994 Organization: Not very much! Lines: 39 Mime-Version: 1.0 Content-Type: TEXT/PLAIN Content-Transfer-Encoding: 8bit X-Newsreader: NN version 6.5.0 #6 (NOV) Sounds like someone pulled a Port 25 on you (ie, forged email). Think about it...why would the DEA have an address at Harvard? Did you try actually fingering these addresses? Lets try it...

harvard.harvard.edu preference = 0, mail exchanger = harvard.harvard.edu harvard.harvard.edu inet address = 128.103.1.1 > ^D [0] 1:15am alfred1(ttysf): ~ % telnet 128.103.1.1 25 Trying 128.103.1.1... Connected to 128.103.1.1. Escape character is ‘^]’. 220 harvard.harvard.edu Sendmail 5.54/a0.25 ready at Thu, 18 Aug 94 04:15:22 EDT vrfy dea 550 dea... User unknown quit 221 harvard.harvard.edu closing connection Connection closed by foreign host. [1] 1:15am alfred1(ttysf): ~ % exit exit script done on Thu Aug 18 01:16:01 1994 — Lamont Granquist ([email protected])

EXPERIENCES OF A CRANK USER The following post is about the experiences of a methamphetamine user. In the above example, we saw how easy it was to change the person’s ID and gateway to create a few chills. This post is from a university, UC-Berkeley to be exact. So, keeping in mind someone else may be using this person’s account and the address could be forged, the information should be viewed warily. However, the experiences sound very valid: alt.drugs #57114 (0 + 148 more) From: [email protected] (Jennifer N Barnes) [2] Re: Crystal M harvard.harvard.edu Server: dns1.cac.washington.edu Address: 128.95.120.1

*sigh*

In real life: ???

Welp, neither address exists. And besides, if the DEA had decided to bust you do you REALLY think they would send you EMAIL saying “Hi, we’re coming to bust you...” alt.drugs #57036 (1 + 145 more) From: [email protected] (Lamont Granquist) [1] Re: !!! DEA TRACKED ME THRU THE NET !!! Date: Thu Aug 18 01:21:09 PDT 1994 Organization: University of Washington Lines: 50 those mail addresses are not valid — to be a little more thorough: Script started on Thu Aug 18 01:13:25 1994 [0] 1:13am alfred1(ttysf): ~ % finger [email protected] unknown host: dea.gov [0] 1:14am alfred1(ttysf): ~ % finger [email protected] [harvard.harvard.edu] Login name: dea In real life: ??? [0] 1:14am alfred1(ttysf): ~ % nslookup Default Server: dns1.cac.washington.edu Address: 128.95.120.1 > set type=mx > dea.gov Server: dns1.cac.washington.edu Address: 128.95.120.1 *** dns1.cac.washington.edu can’t find dea.gov: Non-existent domain

VOLUME 4 NUMBER 4 - OCTOBER 1994

I wasted a big piece of my youth (ages 15-18) doing crystal. Like everyone else seems to say, stick to pot.....though i don’t even do that anymore. I’ll try to explain it to you ...but i’m not sure how well you’ll understand. It starts out sooooo damn good. If you’re snorting it’s the ultimate , quick rush....your thoughts run thru at a mind a mile a minute and every atom in your body is alive. If you’re smoking it, a deep breath fills you up and you can, literally, feel your skin pulse, etc. But if you do too much it all backfires. Not only do you feel every atom but you feel lil bugs trying to get inside you ....things running over you. Doing crystal, I had a super bad ‘trip’.... and i didn’t leave the house for 3 days. I was afraid to put my feet on the floor because i thought it was alive. I got so high that each time I did it I wasn’t feeling anything extra.....but for some reason I couldn’t stop doing it. I don’t want this to turn into a sermon, nor am I implying any of this will happen to you. I’m just letting you know a bit more than what ‘they’ tell you and a more emotional side to all the scientific bullshit. When I came down ( and eventually, off) my joints and muscles ached nonstop. I couldn’t sit straight for very long but, then again, it even hurt to lay down. Being a girl, my period was all screwed up. There’s always the obvious...i didn’t eat for a long time and lost weight ( one of the reasons I started in the first place)....the sight/smell/thought of food made me so sick I wanted to die. I was blowing a hella lot of money.... and I can honestly say, I can’t remember things like i used to ( which hurts my school work unbelievably). I can’t describe coming down after monthes of crystal use....moodswing doesn’t even begin to let you know. I’d cry about everything and anything ( be it something on tv or that I couldn’t find my keys). My body is all fucked up....my skin broke out, my bladder isn’t the sAme and my attention span fades in and out. Sometimes I can’t control my

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION body....like, my finger will jump and i can’t stop it...or my eye twitches rapidly. I guess this is because, crystal being a stimulant, it affected my nerve endings or my neutrons or whatever the hell it did, I twitch and that’s the problem....not to mention how hard it is to explain. Meth is a stimulant just like crack is a stimulant. You can get hooked ( not that i’m saying youwill). I’ve been clean for awhile now (one day i just stopped and i haven’t again) but my mind drifts back to it sooooooo often....temptation is a hell of it’s own. Anytime something goes wrong , a line or a hit seem like the answer.....it’s become a daily battle that i sometimes think i’ll have to fight for the rest of my life. Like I said, I’m sorry if i’m preaching....and i’m not saying any of this will happen to you. but .....maybe...... if i’d read something where someone was straightforward and honest with me i wouldn’t have fucked up so badly in the first place.

She did say that one of the main components was Ma Huang ( aka the herb Ephedra or it’s common name Mormon Tea). This legal stimulant contains ephedrine, psuedoephedrine and other chemicals that “circulate Chi” in Chinese medicine or used by many “Yupsters on-thego” in herbal stimulants you can buy at the neighborhhood health food store. It does also contain Yohimbe another type of stimulant / aphrodisiac. Yohimbe has chemicals in it called MAO-inhibitors (no, not Chairman Mao) which can be very dangerous if taken with certain foods or even certain anti-depressant drugs. Another ,”side-effect” is that Yohimbe dilates blood vessels, especially in the genetalia. Overdoses can cause painful erections that will not subside for hours (although I think some people take it for this reason).

hope it helps, jenni

Anyway, I believe one ought to know what anything is before you put it in your body. Especially if you’re going to shell out TEN BUCKS a hit (minimum TEN HITS!!!) for what I would call a dubious buzz. It’ll probably keep you up, but don’t expect anything too mystical.

CLOUD 9

Good Luck , Be Curious but Be Careful. K the Muse

Recently, there has been a lot of interest in a concoction known as “Cloud 9.” The following posts suggest Cloud 9 to be nothing more than a preparation of ephedra plant material (Ma Huang), either by itself or in combination with other herbs. alt.drugs #55688 (1 + 129 more) From: [email protected] [1] Nirvana+, Cloud9, Yohimbe State Date: Mon Aug 08 18:14:08 PDT 1994 Lines: 21 Just got off the phone with Advanced Research 2000, the people that sell these products. They are the only three they sell, and man-ohman do they seem expensive. Cloud9 capsules $10 per cap (1 Nirvana+ capsules $ 2 per cap (1 Yohimbe State liquid $80 per bottle Party Pack = 10 Cloud9, 30 Nirvana+,

dose) 10 friggin’ bucks! dose) 2 friggin’ bucks! (18 doses) 80 freakin’ dollars!! one Yohime bottle....$198

The pitch goes like this: Cloud9 gives you a 100% natural MDMA like buzz (only milder), the Nirvana+ enhances the buzz 4-6 times, and the Yohimbe acts as an aphrodesiac. I bought some to sample it, and will post after I try it out. I’m expecting this to be a rip off, but I will post after the experience. FYI, their number is 916/223-2000, they have pseudo-rave music on hold. alt.drugs #55732 (0 + 129 more) From: [email protected] (C Frost) [1] Re: Nirvana+, Cloud9, Yohimbe State Date: Tue Aug 09 06:31:04 PDT 1994 Organization: America Online, Inc. (1-800-827-6364) Lines: 11 I have tried the Cloud 9 - and boy does that stuff really work. Pretty strange though. My face and hair was tingling, then hot/cold flashes. And wired all night long. Totaly wide awake. I took 2 cloud 9 Sat. night at 5:30 pm - by 6:30 pm i was feeling great. Around 10:00 pm i started drinking beer and around 11:00 pm i smoked some purple rain Angel Dust. Finally got to sleep around 5:00 am. Then woke up at 9:00 am totally wide awake and refreshed like i just slept a great 8-10 hours. unbelievable stuff. Really expensive though. alt.drugs #55689 (1 + 125 more) From: [email protected] (Kermi) [1] Re: cloud 9, review Date: Mon Aug 08 22:09:03 PDT 1994 Organization: America Online, Inc. (1-800-827-6364) Lines: 32 I spoke to a customer service person at Advanced Research 2000 (the people who market Cloud 9) This chick said it was like “X”, that everything’s enhanced. I asked for the ingredients and she said that they weren’t disclosing that right now,but that all the ingredients were herbal based and lagal and approved by the FDA . So that means that they probably do not have a patent or the stuff’s so common that they could not get a patent on it in the first place.

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alt.drugs #55691 (0 + 125 more) From: [email protected] (Kermi) [1] Re: cloud 9, review Date: Mon Aug 08 22:35:05 PDT 1994 Organization: America Online, Inc. (1-800-827-6364) Lines: 22 I wanted to add that as a result of a law Congress passed a few years ago called The Analog Drug Act, virtually any chemical that has a molecular structure that is similar to an already scheduled illicit drug, then that drug too is illegal. This makes for a pretty wide legal net for the Gov’t to lay on it’s people. For example , this is the kind of vaguely written legislation that allows the police to hassel people for possessing legal drugs such as ephedrine, because it is structurally similar to ( and is a chemical precursor of) amphetamine. This is going on right now to distributors of bulk ephedrine hydrochloride. My point is that anything that is sold (or better yet TELEMARKETED) on the open market as being “like MDMA or Ecstasy” is probably not chemically like MDMA. It still might catch you a rush but I’d rather get my own herbs and experiment making my own combinations of botanical psychoactives. Hell, for half the $100.00 price tag for a bottle of ten Cloud 9 capsules you can buy a mushroom kit and get a real sensation. But then again I read somewhere that the trend of the 90’s is Drugs that don’t get you High. The Smart Drugs craze is a perfect example of this. Safe Drugs? Safe Sex? Welcome to the neXt to nothing decade, kinda smells like the 70’s all over again. alt.psychoactives #5783 (0 + 97 more) From: [email protected] (Jay Troy) [1] Cloud 9, Nirvana+, et al Date: Mon Aug 22 19:53:40 PDT 1994 Organization: Delaware Valley Solution Systems, Inc. X-Newsreader: rusnews v1.06 Lines: 29 Ok, the package came today. What a brochure! “Ancient Pathways, Future Horizons”, “The Next Level of Consciousness”, “Isocentric Imaginations”, geez, what a load of shit. On the Cloud 9 package: Ingredients: MA Haung, Ephedra, Dosage 1-2 on an empty stomach, 850mg total per capsule (wow now that’s a kick). On the Nirvana+ package: 500mg L-Glutamine, 500mg L-Glutamic Acid, 500mg L-Phenylalanine, 250mg L-Caffiena, Dosage 1/day or 2 w/Cloud 9. Yohimbix 8 is pure Yohimbe Liquid Looks like N+ is an amino cocktail with Caffine and Could 9 is just an Ephedrine buzz, a major one. I’ll be experimenting soon. Remember kids: 1oz Yohimbix 8 = $80 Cloud 9 = $10/capsule Nirvana+ = $2/capsule I spent $40 for 4 Cloud 9, and got 2 N+ for “free”. If you took about $60 to GNC or a cheaper, similar store you could get a month’s supply of all three. I’ll post if/when anything dramatic happens (unless, of course, it’s a hemmorage).

VOLUME 4 NUMBER 4 - OCTOBER 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION alt.drugs #58573 (0 + 67 more) From: Fernando Martinez-campos [1] Re: Cloud Nine Alert Date: Sun Aug 28 11:55:01 PDT 1994 Organization: Delphi ([email protected] email, 800-695-4005 voice) Lines: 10

pseudoephedrine alot. It tends to make me feel better but I don’t think of it as getting high. What is Cloud-9 (for) and how is it related to psychedelics? I’ve always thought I felt best on acid and the next day or two but somehow I don’t see how these could be related. Not a flame, just confusion.

This stuff really isn’t a big deal. It’s just a bunch of herbs and vitamins. It doesn’t really doesn’t affect you that much, you’re probably in a little better mood after taking it. I don’t where the last poster got the price quote of 40 bucks(!) per dose. I’ve seen it for 5 bucks for 4 tablets and that’s a rip-off compared to how much you can get it for at a health food store. You can usually buy it there in the brain formula section for between 11 and 15 bucks for at least 30 tablets. Like a said, it’s not a party drug but it’s good to use a supplement to your diet because it’s brain food and provides fuel for some of the chemicals in your brain. Expect a better mood and clearer thinking if you take the dosage right for your weight. alt.drugs #60128 (0 + 1327 more) From: [email protected] (Love Gary) [1] Re: CLOUD 9? Is this stuff real? Date: Wed Sep 07 17:07:56 PDT 1994 Organization: University of Idaho, Moscow, Idaho Lines: 10 Distribution: world X-Newsreader: TIN [version 1.2 PL2] Cloud 9 is real to a point. In my opinion it’s not worth the money. You can get about the same reaction from drinking a can of JOLT. It’s an interesting experience, but I’d rather spend the money on better things. You should check out some of the other stuff like Cloud 9. In Boulder Colorado you can go to Nootrophia (Inside Ground Zero), they have some interesting concoctions. alt.drugs.psychedelics #286 (2 + 132 more) Organization: Penn State University Date: Thu Sep 15 15:05:22 PDT 1994 From: dave raizen [1] Ma-Huang (Ephedra) 8*) Lines: 26 Hi I have a question and some info, so info first... I recently called the Cloud-9 people, and asked for a list of ingredients. What they told me was that it is pattented, but they said it is mostly MaHuang, with a little bit extra (a methyl amino, and an ethyl somthing, bensminsonal (sp?) I think, but probably nothing more that ginsing, or some such...). Well... my local herbal shop just happened to have a bottle of Ma-Huang, also called Ephedra in capsual form, for $6.30 for 100 caps, 375 mg each, as opposed to $10 a pill for Cloud-9, so I decided to give it a try... The bottle says 2-8 caps daily, so I tryed 2 (ever the cautious one) and then 2 more a halp hour later, at that point also giving 4 to a friend... Well we both fealt it, kind of an intensification of the outside world, everything seemed a little faster, not too intense, just a little faster. I was also happy, now this may not seem to strange, espicialy since I a pretty chearfull person to begin with, but recently I have been a little down, and it did seem to lift my spirits a little, although that might have been placebo effect. That’s about allI know right now, my next experiment will be 5 or 6 of the little guys, wish m luck 8*). Now, for my questions... Does anyone know the difference between ephedrine, and ephedra? Is it just like, say a natral form or something? Any help would be appreciated. Also, does anyone have any info on the effect of Ginsing, or any other legal, recreational herb or extract for that matter? It’s kind of a hobby of mine, and I would be more than willing to discuss myvarious expermintations with anyone interested... thanx, dave alt.drugs.psychedelics #284 (1 + 132 more) From: [email protected] (Beckwith ) [1] Re: Ma-Huang (Ephedra) 8*) Date: Fri Sep 16 08:51:58 PDT 1994 Organization: The Institute for the Learning Sciences Lines: 43 X-Newsreader: TIN [version 1.1 PL9] Not to seem like a net cop or anything but why is this here and what is Cloud-9? Yeah, these are serious questions.

alt.drugs.psychedelics #294 (0 + 132 more) From: [email protected] (Mike Dodds) [1] Re: Ma-Huang (Ephedra) 8*) Date: Sun Sep 18 14:04:23 PDT 1994 Organization: University of North Carolina, Chapel Hill Lines: 32 Cloud-9 is a commertially available stimulant. It seems to be targetted towards the rave scene, as it’s marketted as a “naturalEcstacy” product. It’s got Gota-Kola nut (caffeine), Ma Huang (ephedra), and other natural stimulants. It’s _very_ expensive for what you get, and most people that have taken it have said to either stick with mixing your own epedrine/caffiene/asprin or get some illegals. YMMV.

INTEREST IN DMT CONTINUES In earlier columns regarding the Internet, numerous posts regarding either the syntheses or use of dimethyltryptamine (DMT) were listed. Interest in DMT continues on the Net, especially in the area of extracting naturally occuring DMT from plant sources. Here is a sample: alt.psychoactives #5519 (5 + 217 more) From: [email protected] (Joseph E. Ckarke) [1] dmt extraction Date: Fri Aug 05 13:20:55 PDT 1994 Organization: Mississippi State University Lines: 3 What is the general household procedure for extracting dmt from illinois bundleweed? alt.psychoactives #5537 (4 + 217 more) Organization: Penn State University Date: Sat Aug 06 19:37:17 PDT 1994 From: Phred PSmIth, Galactic Gadabout [1] Re: dmt extraction Lines: 25 Run that by me again. What is illinois bundle weed, and where does it say that it contains dimethyl triptamine. As far as I knew only south-american rainforest vines contained the drug: am I mistaken? What concentration of DMT is in this bundleweed? If as low as .1% and smoking it should be efficatious (1% and a good pipefull should put you into orbit: DMT is active in a few mgs, isnt it?) If it only contains traces (less .01% by weight) then extracting it with some organic solvents will not really work: the nonvolatile impurities in the solvent and the soluable organics of the bundleweed will be far more than the DMT your after. STill, if you want a good solvent for a simple “mix and strain” extraction, ether is little better than acetone. Acetone disolves a wide range of organics (including DMT, I believe). You might try cleaning the extractant up a bit (after evaporating the solvent) by acidifying an aqueous/ether? solution to convert the DMT to a salt (and thus water soluable) to separate it from the non-amine oils no doubt present, followed by basifying it to pH about 9 and separation to remove the free base of the amine functionality compounds present. If this was gobbeltygook then go get a competent chemist to help you: otherwise you are likely to blow yourself up! Phred PSmIth, Galactic Gadabout

I know a little bit about ephedrine because folks use it for working out. In fact, the commonly used stack is aspirin, caffeine, and ephedrine. Ephedrine can be found in over the counter asthma medicines like Primateme, which contains 24 mg of ephedrine HCl. Aspirin, caffeine and ephedrine can be found in Haysma (a relatively unknown brand). MaHuang is, I believe, a naturally occurring source of ephedrine and pseudoephedrine. I have taken aspirin, caffeine, and

VOLUME 4 NUMBER 4 - OCTOBER 1994

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION alt.psychoactives #5551 (3 + 217 more) From: [email protected] (Machinelf) [1] Re: dmt extraction Date: Sun Aug 07 23:22:08 PDT 1994 Organization: America Online, Inc. (1-800-827-6364) Lines: 27

alt.psychoactives #5604 (0 + 215 more) From: [email protected] (Willard E. Love) [1] Re: DMT extraction from P. arundinicea Date: Thu Aug 11 00:20:14 PDT 1994 Organization: Teleport - Portland’s Public Access (503) 220-1016 Lines: 35

Desmanthus Illinoisensus is indigenous to the U.S. and does contain fairly high levels of DMT. If the numbers are important to you I could get back to you on it. If you are smoking pure crystal DMT you’d best have your pipe load with 50-70 mgs if you want to have a good shot at the “full spectrum.” There are some bath tub methods of extracting crude DMT the make use of dry cleaning fluid and citric acid. I’ve never tried them but will respond if there’s any interest.

San Pedro Cactus:

alt.psychoactives #5562 (2 + 217 more) Organization: Penn State University Date: Mon Aug 08 20:33:35 PDT 1994 From: Phred PSmIth, Galactic Gadabout [1] Re: dmt extraction Lines: 11 Im not much good at latin. What is the common name of desmanthus illinois***? Is it a common roadside weed? Does it grow, to your knowledge, in central PA? Are the levels high enough in the crude vegetable product to smoke straight, or do you need to extract it? Can you give me a good reference (herbal book, plant guidebook, or the like) that would give me a color picture of desmanthus? Please post this here, since Im sure that more people than just I are interested! Phred PSmIth, Galactic Gadabout alt.psychoactives #5555 (1 + 217 more) From: [email protected] (Sam Knight) [1] Re: dmt extraction Date: Mon Aug 08 06:25:38 PDT 1994 Organization: The University of Western Australia Lines: 24 X-Newsreader: TIN [version 1.2 PL2] Look in the tryptamines FAQ.. it describes lots of DMT/5MeODMT containing plants. The references given therein to J. Phytochemistry and PlantA Medica give much useful further information. DMT concentrations vary from about .05% to .6% ... All quite extractable using a normal alkaloid extraction. More of a worry is the things that normally go along with DMT esp seratonin and bufotiene... A careful check of relative alkaloid abundances would definitely be in order before smoking ones extract, I think. Sam alt.psychoactives #5563 (0 + 217 more) Organization: Penn State University Date: Mon Aug 08 20:37:40 PDT 1994 From: Phred PSmIth, Galactic Gadabout [1] Re: dmt extraction Lines: 9 Good point. Just what junk followed the DMT over from the plant would definitely be material NEEDED to know! Just another good reason to do research before doing ANY mind-alterant! So, where is the tryptamine FAQ? Is it posted here, in alt.psycoactives? Or do I have to go elsewhere to get it! Phred PSmith, Galactic Gadabout alt.psychoactives #5580 (1 + 215 more) [1] DMT extraction from P. arundinicea From: [email protected] Date: Tue Aug 09 13:08:23 PDT 1994 Organization: Temple University Lines: 14 I have started seeds from P. arundinicea that I got from Crete, Nebraska. They are doing very well in the Brandywine Valley region of Pa. I also have seeds on the way from a European source in Sweeden. Has anyone out there actually completed an extraction with P. arundinicea? I keep seeing references to other plants and grasses but it was specifically P. arundinicea that DeKorne wrote about in his book, Psychedelic Shamanism. Any experience with San Pedro Cactus would be much appreciated too. Thanks a lot.

Yeah dont put it in a blender and try to eat it. And don’t add pinnapple juice to kill the taste. Nothing is the world could kill that taste. I’ve never tasted anything worse. Best thing to do is to slice one and a half 10-12 inch by 2.5-4 inch cactus up very thin. Then boil it for 8 hours.(just keep adding water). Then boil it down a bit and strain it through a coffee filter. throw away the crap in the filter. You should have a real gross muddy water left. Boil this water down util you got about enough to fill a glass about a half inch. Drink it fast! It’s very bad. One hour to hour and a half you will notice the effects. You can allso boil it down to a resin , but, then you would have to dry it or swallow that crap. It’s cool once in a while but not worth the effort. — Willard E. Love alt.psychoactives #5711 (1 + 13 more) [1] Kitchen DMT Extraction From: [email protected] (Machinelf) Date: Thu Aug 18 10:50:01 PDT 1994 Organization: America Online, Inc. (1-800-827-6364) Lines: 65 A number of people E-mailed me requesting a kitchen method for crude alkaloid extraction of DMT from Desmanthus Illinoensis. Because of the response, I figured I should post it. All of the ingredients are easily acquired with the possible exception of dry cleaning fluid. None of them shouId raise any suspicion. I transcribed the method from an early issue of Psychedelic Illuminations and threw in a few helpful facts. I’ve never tried it or spoken with anyone who has. So there you go. But I would love to hear about it if it gets past the theoretical stage with any of you. Best wishes. elf ——————— Kitchen Extraction of DMT Acquire: Desmanthus Illinoensis a.k.a: Illinois Bundle Flower, Prairie Mimosa Order from: ...of the jungle P.O. Box 1801 Sebastapol, California 95471 Catalog: $2.00 Dosage Information Maximum Yeild from Desmanthus: 6 mg of DMT per gram of plant material. Standard Dose: 60 mg (i.e. 1 dose per 10 grams of plant material) Kitchen Extraction of Plant Alkaloids 1) Grind plant material finely in a blender with a mixture of Vodka and distilled vinegar. 2) Remove the plant material from the solution with a coffee filter. Optional: Pour the combined mixture into the basket of a coffee pot and percolate for an hour or so and then filter the resulting brew through a coffee filter. 3) Substantially reduce the volume of the liquid by evaporation. This apparently may be done by boiling down with heat, resulting in a slightly thick mixture. 4) Mix the thickened brew with about twice its volume of household ammonia (NOTE: Make sure it’s pure ammonium hydroxide and does not contain detergents.) 5) Add at least an equal volume of dry-cleaning fluid (PERC/ Perchloroethylene or carbon tetrachloride). 6) Shake the mixture voilently for a while in a jar or jug. 7) Allow the mixture to settle into two layers (resembles oil & vinegar dressing in this regard). 8) Separate the dry-cleaning fluid layer and evaporate it in a well ventelated place. 9) When all the solvent has evaporated the resulting oil or solid is the crude alkaloid extract. 10) Meet the tykes. NOTE: DMT (N,N-dimethyltryptamine) is traditionally smoked. A preparation can be made of carefully soaked parsley or mint leaves.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION PCP OR FENTANYL? The following was posted by an individual in St. Petersburg, Russia. St. Petersburg has long been the “San Francisco” of Russia, as it has been a center for “countercultural” thinking and drug use. The description of the material described by the author as being “PCP” sounded more like some of the 3-methylfentanyl our CLIC member in Moscow, Dr. Vladmir Sorokin, has reported over the past year. I e-mailed a message back to “Artyom” telling him the material did not necessarily sound like PCP from his description of the effect or the container, and cautioned him of the possibility of the material being a fentanyl compound. From these initial contacts, I was able to elicit some information regarding the methcathinone and LSD situation in St. Petersburg. The “pervetine” mentioned in a subsequent message is actually pervitine, or methamphetamine. From: “Artem O. Smirnov” Newsgroups: alt.psychoactives,alt.drugs [1] PCP!!! Date: Tue Aug 16 09:11:45 PDT 1994 Organization: Privat person, St.Petersburg, Russia Lines: 31 OK, now I’m pretty sure that what they call PCP (or PSP) in Russia is a totally different thing. Maybe I’ll try to describe its effects (although I couldn’t do it properly even in Russian), and if it sounds familiar to you, could you please tell me what it’s like? It is made as a white powder, but sold as a solution which can be used orally or via injections. The effects take place about 40 minutes after using. First you feel deep relaxation and fatique. The physical sensations reduce. Your flesh feels like from an injection of novocaine. You begin to transfer to another universe, with frozen sensations and emotions. There are no words here, because nobody visited it before you; you have to invent your own words and conceptions. Slowly, inch by inch, you begin to investigate its geography. Going to the table and back is like a long voyage through unknown land. You are totally unprotected and anyone can convince you in anything. About 2 to 3 hours later you begin to feel stronger. It is very pleasant to dance to some monotonic music, like Cabaret Voltaire. Dance with your mind cleared from thoughts. The substance suppresses the rational perception, giving way to intuitive vision. At the last stage it is best to have a walk. Everything around you seems unique and very beautiful in its uniqueness. You are the happiest person because you live in such a beautiful world. You wish you could thank somebody for this sensation, but whom? If anybody has a guess on what substance it could be, please e-mail me. Artyom. From [email protected] Wed Aug 17 04:18:19 1994 To: [email protected] Organization: Privat person, St.Petersburg, Russia From: “Artem O. Smirnov” Date: Wed, 17 Aug 1994 13:38:05 +0400 (MSD) Subject: Re: Your PCP sample Lines: 4 I’ve never heard about the chemicals you mentioned. Maybe they have a slang name? As for the substance I was talking about, as far as I know, it’s made in home laboratories. Two years ago it would come in glass vials which were labeled... “Vitamin B2”. I guess it can’t be a clue.

From [email protected] Wed Aug 17 13:46:23 1994 To: [email protected] Organization: Privat person, St.Petersburg, Russia From: “Artem O. Smirnov” Date: Wed, 17 Aug 1994 23:31:08 +0400 (MSD) Subject: methcathinone Lines: 23 Dear Roger A Ely, On Wed, 17 Aug 1994, you wrote: > I would caution you to be extremely careful if you try using this drug. >It can *easily* KILL you. The active dose of 3-methylfentanyl is in the >microgram range - similar to that of LSD. Thank you for your care. Don’t worry about me — the dose is always carefully measured by the pusher. He may sell you less than needed, but never more. Anyway, I couldn’t get the substance for about 9 months. > Now, I have a question for you - several years ago I was told by my >friend in Moscow that methcathinone is being heavily abused there. >Methcathinone is made by oxidizing ephedrine found in elixirs and tablets >with sodium dichromate or potassium permanganate. Do you have any >information regarding its use or abuse? What other types of drugs are >being abused in St. Petersburg? I’m not that familiar with drugs, so I can’t answer you now, but if you give me a week I’ll try to contact some of my friends and consult with them. And thanks a lot for your reply. I think that one of the worst things with drugs is lack of information. From [email protected] Tue Aug 23 10:55:40 1994 To: [email protected] Organization: Privat person, St.Petersburg, Russia From: “Artem O. Smirnov” Date: Tue, 23 Aug 1994 21:47:31 +0400 (MSD) Subject: methcathinone Lines: 26 Dear Roger, I consulted a friend of mine who is a great expert in drugs (or so it seems), and he told me that ephedrine is either been oxidized by potassium permanganate to get ephedrone (but “that’s for lazy people”, he said) or used for producing the pervetine (I don’t know how it’s spelled correctly) with the help of red phosphorus and crystal iodine. He told me that he had LSD and DMT several times, and once he managed to get the synthesized mescaline.I think these items are rather hard to get. The people like me, who are not deep into drugs and drug circles, usually can get only MJ. Since it grows widely and doesn’t require any special equipment, it is very cheap compared to western prices, but usually not so good. The only problem is very strict police control, so you still can’t buy it on streets. The “expert” also told me that “PCP” is fencyclydine, also known as “angel dust”. Is that what you told me about? From [email protected] Sat Sep 10 03:26:58 1994 To: [email protected] Organization: Privat person, St.Petersburg, Russia From: “Artem O. Smirnov” Date: Sat, 10 Sep 1994 13:47:57 +0400 (MSD) Subject: LSD in Russia Lines: 37 Dear Roger, You asked: > Does the LSD >your friend is aware of come soaked onto paper, sugar cubes, liquid, or >crystal? If it is soaked on paper (known here in the states as blotter >paper, and the LSD is then called “blotter acid”) does the paper have >artwork or designs on it. If so, could your friend describe them for me. I finally managed to contact my friend, and he told me that the LSD he had tried was in a liquid form and was produced in some institute laboratory. There is no street LSD, he told.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Another friend of mine claimed that he had bought LSD in Moscow, in some techno club, for $15 (the prices in Moscow are much bigger than in St.Petersburg). Unfortunately, he’s out of touch now, so I can’t ask the details. > Your friend is, in deed, correct. PCP is also know as phencyclidine (the >”ph” has an “f” sound to it), angel dust, dust, hog, and a few other >archaic terms. > The material you described to me sounded more like fentanyl to me that >PCP, was my only point.

I was very discouraged to reed this. The things you described to me seemed rather dull. I found the similar description in some magazine. Anyway, thanks a lot. Maybe the beautiful sensations I had were because it was my first serious stuff? What I found with PCP and mushrooms is that the first taking had been the most effective and interesting (with MJ it was not so, of course, it took much to make me catch the sensation). Is it the usual effect or individual? And the second question, are there any studies of the connection between the effect of the drug and eating before or after administration? Thanks again, Artyom.

2C-B ANALOG ENCOUNTERED IN WISCONSIN ROBERT BLOCK WI State Crime Laboratory Madison, WI

The Wisconsin Crime Laboratory in Madison, Wisconsin has been identifying a few cases containing the drug “NEXUS.” NEXUS, which is 4-bromo-2,5-dimethoxyphenethylamine, is also known as 2C-B (see “4-Bromo-2,5-Dimethoxyphenethylamine (2C-B) To Be Placed on Emergency Temporary Schedule I Status,” JCLIC, Volume 4, Number 1, January 1994, pp. 8-11.). Recently, a suspected analog sample of NEXUS was examined and found to be interesting in its form and container. The white powder material looks like very small cotton balls rather than crystalline or powdery. The vial contained a handwritten label of 2C-C. The analysis of the white powder material indicated the presence of chloro-2,5-dimethoxyphenethylamine. The fact that the vial was labeled 2C-C indicates the chemist knew they were substituting a chlorine for the bromine in the compound. While this compound appears in Shulgin’s book, PIHKAL, it is the first time to our knowledge that an actual clandestine sample of this material has been analyzed. Please refer to the following pages for FTIR and MS spectra of this compound.

(Editor’s Note: The recipe and pharmacology of 2C-C can be found starting on page 509 of PIHKAL [1]. Two methods of synthesis are noted. The first starts with 2,5-dimethoxyphenethylamine and chlorinating it with liquid chlorine. The second synthesis starts with reacting 2C-B with phthalic anhydride in DMF. The intermediate phthalimido compound is chlorinated with cuprous chloride in DMF. The recommended dosage levels of 2C-C are 20–40 mg. The following are excerpts on the qualititative effects: “(with 20 mg) ‘This is longer lived than 2C-B, and there is a longer latency in coming on. It took an hour and a half, or even two hours to get there. It had a slight metallic overtone.’ “(with 24 mg) ‘I was at a moderately high and thoroughly favorable place. for several hours. It seemed to be a very sensual place, but without too much in the way of visual distraction.’ “(with 40 mg) ‘There were a lot of visuals — something that I had noted at lower levels. There seems to be less stimulation than with 2C-B, and in some ways it is actually sedating. And yet I was up all night. It was like a very intense form of relaxation.’” 1. Shulgin, A.T. and Shulgin A., PIHKAL — A Chemical Love Story, Transform Press, Berkeley, CA, 1991.)

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FABRICS THAT REPEL JOHN F. REKUS Occupational Health and Safety September 1994, p. 62

A CLOSER LOOK AT THE MATERIALS WITHIN CHEMICAL PROTECTIVE CLOTHING REVEALS VARYING CAPABILITIES TO RESIST HAZARDOUS SUBSTANCES.

THE PROPER SELECTION OF

PROTECTIVE CLOTHING ALSO CONSIDERS DECONTAMINATION AND TRAINING.

Employees throughout industry work with a wide variety of hazardous chemicals every day. Some of these exposures can be managed by engineering changes such as automated processing. Others can be controlled by substituting different materials or implementing alternative work practices. If the exposure cannot be controlled by any of these methods, the last resort is chemical protective clothing such as gloves, boots, coveralls or fully-encapsulated suits. However, it is important to understand that no single material provides protection against all chemicals. Instead, protective clothing is manufactured from a variety of materials, each of which offers varying degrees of resistance to different substances. SELECTION PRINCIPLES. Selection of appropriate CPC is dictated by the nature of the hazard, the chemical resistance properties of the protective material and the conditions under which the equipment will be used. The nature of the hazard can be determined by answering the following questions: 1. What is the material’s physical state - dust, liquid, vapor, mist or gas? 2. What is the nature of the contact? Incidental contact, splash contact or complete immersion? 3. What part of the body is affected - face, head, torso, hands, arms, legs, feet or the entire body? The degree of chemical resistance offered by specific protective material may be determined by consulting compatibility charts published by protective clothing manufacturers. These charts generally characterize materials in terms of their resistance to penetration, degradation and permeation. Penetration. Penetration is the passage of a liquid material through small openings in clothing. These include the gaps between zipper teeth, holes caused by stitched seams, and minor surface imperfections like pores and pin holes.

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Degradation. Degradation is a change in some physical property of a material that prompts a reduction in its performance. These changes may be produced by chemical contact or by exposure to environmental conditions such as heat, ambient ozone, or UV radiation from sunlight. Some changes like swelling, hardening and discoloration may be easy to detect by sight or touch. Others, such as the degree of change, or reductions in physical strength that make the clothing less resistant to snags, punctures or tears, are more difficult to detect. Permeation. Permeation is the process where a chemical passes through a piece of protective material that has no visible holes. It may occur with little or no visible effect on the material, and there may be no obvious indication of degradation. The permeation process takes place in three phases. First, the chemical is absorbed by the exposed surface of the material. Next, the chemical diffuses through the material. Finally, it passes to the other side where it can contact the wearer. The time from initial contact to detection on the other side of the material is called the break-through time. BREAK-THROUGH TIME. Break-through time is an important consideration when choosing between CPC materials with similar degradation characteristics. However, as we will see later, the detection limit of the instrument used to determine break-through must also be considered. Break-through time is affected by a number of factors that include: y y y y y

Type, thickness and solubility of the CPC material. Process used to manufacture the CPC. Concentration of the challenge agent. Ambient temperature and pressure. The temperature of the challenge agent.

The conditions under which CPC will be used must also be evaluated during the selection process. Among the factors to consider are whether the CPC will be used in environments where it might be subjected to open flames, cuts, tears, punctures and abrasion. ASTM TEST METHOD. The test most widely used to determine permeation is American Society for Testing and Materials’ Method F739, Standard Method for Resistance of Protective Clothing Materials to Permeation by Liquids and Gasses. The ASTM test cell is divided into two compartments

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION be the material to be tested. One side of the cell is then filled with the challenging agent. The other side is connected to instrumentation used to measure break-through. Although many CPC suppliers publish permeation data, test results from different manufacturers are often difficult to compare. Some vendors test materials themselves while others rely on data provided by the material’s manufacturer. Another problem arises because the ASTM method prescribes how the test should be conducted, but it does not specify the detection limit for the instrumentation used to detect break-through. Consequently, different vendors may use different instruments with differing detection limits. For example, one manufacturer might use an instrument that detects concentrations as low 0.001 ppm while another might use an instrument that detects concentrations only down to 0.1 ppm. In this situation, selecting a material based solely on break-through time would be a mistake because the analytical methods differ by a factor of 100. To see this difficulty more clearly, consider a hypothetical case involving two pairs of gloves. One pair has a reported break-through time of one hour, and the other has six hours. On the surface, it would appear that the gloves rated for six hours are more protective because their break-through time is six times longer. However, if this six-hour break-through time was determined using an instrument that was 100 times less sensitive than the one used to determine the one hour break-through, the six-hour rated glove could actually be less protective. So it’s important to compare not only break-through times, but also the detection limit of the instrument used to establish them. FABRICATION MATERIALS. Protective clothing may be fabricated from a wide variety of materials. The resistance characteristics of some of the most commonly used materials are summarized below. Butyl rubber is not resistant to grease and oils and is attacked by petroleum products, aromatic hydrocarbons and coal tars. However, it does protect well against other chemicals such as ketones, esters, inorganic salts and most acids and alkalis. Chlorinated polyethylene provides good to excellent resistance against aliphatic hydrocarbons, phenols, ketones, ester, acids, bases and salts. It also exhibits excellent abrasion characteristics and good resistance to cuts, tears and punctures. Natural rubber, or latex, offers good temperature resistance and tensile strength. It provides good resistance to acids, alkalies and alcohols but is not recommended for aliphatic or

VOLUME 4 NUMBER 4 - OCTOBER 1994

aromatic compounds. Neoprene is a synthetic material that offers good to excellent resistance to straight chain hydrocarbons, aliphatic hydroxy compounds, methanol, ethanol, ethylene glycol, animal and vegetable fats and oils and fluorinated hydrocarbons like the freons. It has excellent tensile strength and resists heat and ozone. It offers only moderate abrasion resistance but remains flexible at low temperatures. Nitrile is virtually unaffected by saturated and unsaturated aliphatic hydrocarbons, alkali solutions and saturated salt solutions. It is a good choice when working with oils, fats, acids, caustics and alcohols, but it is not generally recommended for use with strong oxidizing agents, ketones and acetates. Polyvinyl alcohol is a water-soluble, synthetic material. It is highly impermeable to gases and affords excellent chemical resistance to aromatic and chlorinated solvents. However, since it is adversely affected by water, it should not be exposed to water or aqueous solutions. Viton® is a specialty fluoroelastomer that offers excellent resistance to petroleum products such as oils, fuels and lubricants, most mineral acids, hydraulic fluids, and aliphatic, aromatic and chlorinated solvents. CLOTHING TYPES. Although an assortment of materials is used in the manufacture of chemical protective clothing, the table shown above suggests that specific items of protective clothing are not made from all materials. Hand Protection. Gloves are perhaps the most frequently encountered CPC type. There are dozens of makes, models and styles. Choosing the right ones can be a confusing task. However, you may want to keep the following considerations in mind. y Determine the dexterity needed. Thin gloves afford better tactile sensitivity, flexibility and dexterity but offer less overall protection than thick gloves. y Decide on the length. Gloves are generally available in three lengths: wrist/forearm length, elbow length and shoulder length. y Determine the level of grip required. Some gloves have textured finishes, others do not. Body Protection. Chemical protective clothing that provides splash protection is available in jackets, overalls and pants, hoods, suits and aprons. Full body protection against vapors and gases can also be provided by fully encapsulated suits. Foot Protection. Chemical resistant footwear is available in only a limited number of polymers that include natural rubber,

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Types of Protective Clothing Material

Gloves

Suits

Boots

Butyl Rubber

✔

✔

✔

Natural Rubber

✔

✔

✔

Neoprene

✔

✔

✔

Nitrile

✔

✔

Polyethylene

✔

Polyvinyl chloride

✔

Polyvinyl alcohol

✔

Polyurathane

✔

Viton

✔

✔

DECONTAMINATING CPC. It is important to decontaminate used chemical protective clothing so that other people can handle it without being exposed to potentially toxic surface residue. Decontamination is affected by variables that include the physical and chemical characteristics of the contaminant, the nature of the CPC material and the duration of the chemical exposure. There are no published consensus standards which address decontamination procedures, and decontamination may neither be cost effective nor appropriate in some situations. Your answers to the following three questions may help you decide whether to decontaminate or dispose of used CPC.

✔

✔

PVC, neoprene and butyl rubber. Different tread styles offer varying degrees of slip resistance, and some chemical protective footwear meets the ANSI requirements for safety-toe foot protection. ENSEMBLES. EPA has grouped protective clothing ensembles into four categories. However, it should be noted that the EPA categories are based what on the ensemble looks like rather than on performance specifications. Level A ensembles provide the highest level of protection and are used when a high degree of hazard to the skin, eyes or respiratory system exists or is suspected of being present. They consist of a positive-pressure, self-contained breathing apparatus worn with a total encapsulating chemical protective suit. The breathing apparatus is worn inside the suit, where it is protected from damage that might result from chemical contact. Level B ensembles maintain the same level of respiratory protection as Level A but provide a lower level of skin protection. Chemical-resistant clothing consisting of a hooded jacket and pants is substituted in place of the totally encapsulated chemical suit. These suits may be reusable or disposable. Level C protection consists of chemical resistant clothing and an air purifying respirator.

1. Will decontamination be effective? If not, then do not bother doing it. 2. Will decontamination damage the equipment? If it does, then it is not appropriate. 3. Is decontamination economically viable? If it costs more to decontaminate CPC than it does to properly dispose of it and purchase new gear, decontamination is not an economically attractive option. DECONTAMINATION METHODS. The three methods most widely used for decontamination are water washing, solvent flushing and aeration. Water washing. Water washing has two major limitations. First, it only removes surface contamination, not material that may have permeated into the CPC matrix. Second, it is only effective for water soluble contaminants. Solvent washing. The principal disadvantage of solvent washing is that it degrades some materials and strips the plasticizers from others. Rubber, for instance, is adversely affected by all three of the commonly used dry cleaning solvents. Neoprene is affected by perchloethylene, and polyvinyl chloride is damaged by freon. Aeration. Since water and solvents are effective in removing only surface contaminants, a different method must be used to remove contaminants that have permeated the CPC material’s matrix. These contaminants can be desorbed by hot air aeration. Aeration, however, is only effective for volatile materials and it must be done in a well-ventilated area because desorbed substances are released to the environment. While aeration may be effective in desorbing contaminants it can cause stiffening, shrinkage and reduction in chemical resistance with no visible change in appearance.

Level D does not require respiratory protection and consists of ordinary work clothing.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION SUMMARY. When exposures to hazardous chemicals cannot be eliminated through engineering changes, substitution of different materials, or implementation of alternative work practices, chemical protective clothing offers the last line of defense. No single material provides protection against all chemicals, and selection of the appropriate CPC is governed by the nature of the hazard, the chemical resistance properties of the protective material and the conditions under which the equipment will be used.

Merely making protective equipment available to employees is not sufficient. The equipment must be properly selected, used and maintained. Torn suits or punctured gloves, for instance, do not provide very much protection. A good protective clothing program must also include provisions for employee training and ongoing supervision. John F. Rekus, CIH, CSP, is an independent consultant specializing in OSHA compliance and employee training in Riderwood, Md. He is also the author of the Complete Confined Spaces Handbook available from the National Safety Council.

THE PLANT THEY CALL EPHEDRA STEPHEN T. BENTLEY, B.S. CA. DOJ Criminalistics Laboratory 3870 Morrow Lane, Suite A Chico, CA 95928

There have been reports regarding the clandestine manufacture of methamphetamine using ephedrine extracted from the Ephedra plant. Using this extract, the finished product contains methamphetamine, dimethylamphetamine, and amphetamine (in amounts decreasing in the order listed) [1,2]. This infers that the raw extract of Ephedra contains ephedrine and/or pseudoephedrine, methylephedrine, and phenylpropanolamine.

If this extract is used in the manufacture of methamphetamine, via the reduction of ephedrine from hydriodic acid/red phosphorus, then these findings support accounts that a clandestine mixture of methamphetamine, methylamphetamine, and amphetamine may be the result of using an Ephedra plant extract as the starting material.

In order to confirm this as being the case, 5 grams of ground Ephedra plant (or as they say in China, “ma huang”) [3] was extracted by boiling the ground plant material in water. This water extract was filtered and then made basic using sodium carbonate. The filtered extract was extracted twice using hexane and then twice using chloroform. Both the hexane and chloroform extracts were combined and then gently brought to dryness.

REFERENCES

The oily residue was brought back up to approximately 200 µl in chloroform. A five microliter injection was made into a Hewlett-Packard GC/MSD using a temperature program starting at 70°C for 1 minute, ramping 30°C per minute to a final temperature of 280°C. The column was a J&W DB-1 with a nominal length of 15 meters. Three major components were identified as being in the eluate: phenylpropanolamine, ephedrine (pseudoephedrine), and methylephedrine. Refer to the next two pages for the gas chromatographic and mass spectral information, where the gas chromatogram represents a 1 µl injection and the mass spectra represents a 5 µl injection. Ephedrine (pseudoephedrine) was the major component and methylephedrine was the second most abundant. Phenylpropanolamine was a minor component relative to the other two compounds identified.

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1. “Methamphetamine Synthesized from Ephedra Extract Encountered,” Larry Pederson, Journal of the Clandestine Laboratory Investigating Chemists Association, Vol. 4, No. 4, July 1994. 2. “Unusual Source of Ephedrine,” Microgram, Vol. XXVI, No. 5, May 1993. 3. Known as “ma huang” in China where it is grown in the Inner Mongolia region. Ephedra, which is cultivated in the dry regions of North America, contains two alkaloids - ephedrine and pseudoephedrine. Also called “Mormon tea” and “Squaw tea”, American Ephedra was discovered by the early pioneers and Mormon settlers, who used it to treat asthma... {Excerpts from the Earl Mendell’s “Herb Bible”}.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

VOLUME 4 NUMBER 4 - OCTOBER 1994

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

THE EXAMINATION

OF

METHADONE

A.B. MASINOV, A.V. BELJAEV, AND V.I. SOROKIN Forensic Science Center Ministry of Internal Affairs Raspletina Street 22 123060 Moscow, Russia At the end of the 1980s, the narcotic drug methadone appeared in the illegal drug market of the USSR. Drug addicts and drug dealers called the methadone “Horsy.” The methadone acts like morphine but with a more prolonged action [1]. Previously, methadone was manufactured in the USSR as a medicinal drug under the name of phenadone [2]. The methadone synthesis is conducted in the illegal laboratory by the method described in the journal “Medical Industries of USSR.” This journal can be borrowed from the libraries of chemical literature. The scheme of the synthesis is shown in Figure 1.

THE OBJECT OF THE EXAMINATION Illegally manufactured methadone comes to the illegal market in the form of a colorless liquid solution sealed inside the glass 5 ml ampoules from pharmaceutical preparations of novacaine (procaine), water for injections, or novacainamide (procainamide). The ampoules necks bear the traces of resealing. Very rarely is methadone found in the form of a crystalline white powder.

METHODS OF EXAMINATION Thin-layer Chromatography 3-4 µl of the solution from an ampoule was applied to the chromatographic HPTLC plate (Merck 60 F254, 10x10 cm). Examining the powder, the expert dissolved the powder in ethanol with the ratio of 1:10 of solid substance to ethanol and 3-4 µl of the resulting solution was applied to the chromatographic plate. A solution of methadone, diphenhydramine, and procaine was applied to the same plate. The plate was run in a solvent system of hexane, diethyl ether, and triethylamine (10:20:1). After drying, the plate was developed with Dragendorf reagent. Rf values in this system were: methadone - 0.48; diphenhydramine - 0.34; procaine - 0.22; and procainamide - 0.05. Gas Chromatography A Hewlett-Packard (USA) model 5890 Series II gas chromatography was used. The instrument was equipped with a 12 M x 0.2 mm quartz capillary column with a methylsilicone applied phase (Hewlett-Packard, ULTRA-1). The temperature of the injector was 275°C and the detector was 290°C. The temperature program started at 200°C and ramped to 280°C at a rate of 10°C/min. The detector was a flame ionization (FID);

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the carrier gas was nitrogen, and the split ratio was 1:55. The retention time of methadone under these conditions is 2148. The typical chromatogram of illegally manufactured methadone is shown in Figure 2. Quantitative analysis of the methadone in the examined liquid was determined using an internal standard method with methylstearate as the standard. Infrared Spectroscopy The preparation of the standard for the spectroscopic examination was done in the following manner: to 1 ml of examined liquid, 1-2 drops of a water solution containing ammonia and 1 ml of chloroform were added. The mixture was carefully stirred and left to separate. After separation of the layers, the organic phase was removed and run through a cartridge for solid-phase extraction (Diapac) filled with silica gel and washed before hand with chloroform. The loaded cartridge was first washed with 10 ml of chloroform at a rate of 2 ml/min., then with 3 ml of methanol. The first 1.5-2 ml of methanol is thrown away. The last 1 ml of methanol was applied, drop by drop, on to a KRS-5 crystal, drying after each drop is applied and then for an additional 15-20 minutes in a dryer at 60°C. The IR spectrum was taken from the film of the substance formed on the crystal. The spectrum was recorded on a Perkin-Elmer model 1760 infrared (IR) spectrophotometer, recording the range of 4000-400 cm-1. The resolution of the IR was 4 cm-1, the amplification was 1, and the number of scans was 200. The resultant spectrum by its location, form and relative intensity of banded absorption absolutely corresponds to the spectrum of methadone base from the Library of Drugs spectra prepared by Perkin-Elmer. The resultant spectrum of methadone after the solid-phase extraction is shown in Figure 3, and the spectrum of “street methadone” is shown in Figure 4. The sample preparation procedure allows the examiner to get rid of the impurities in the methadone, and separates it from any admixtures such as procaine or diphenhydramine in the examined liquid.

VOLUME 4 NUMBER 4 - OCTOBER 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION DISCUSSION OF RESULTS

REFERENCES

The results of the examination by the method of TLC and IR spectroscopy show that the liquid submitted for examination contains the narcotic substance methadone. Practically all examined samples contained diphenhydramine, often in considerable quantities. There were several cases where the addicts got only diphenhydramine in the ampoules of methadone they bought. Sometimes procaine and procainamide from the preparation previously held by the ampoule remained. The methadone examined from the ampoules was found to be present at about 0.64%.

1. O.Y. Magidson and V.M. Fedosov. Medical Industries of USSR (Meditsinskaya promyshlennost SSSR, Number 3, 1957, pp. 25-28. 2. Pharmacopea USSR. Moscow, 1961.

Figure 1 OH

OH Cl

H2SO4 H2O

H3 C

Cl

Cl

NH(CH3)2

N(CH3)2

H3 C

H3 C

SOCl 2

H3C

N(CH3)2

Br CN

Br2

C6 H6

CN

AlCl3

NC

Cl NC

+

N(CH3)2

H3 C

N(CH3)2

NC

NaOH

N(CH3)2

NC CH3

CH3CH2MgBr

H3C

N(CH3)2 O

CH3

VOLUME 4 NUMBER 4 - OCTOBER 1994

CH3

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

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VOLUME 4 NUMBER 4 - OCTOBER 1994

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

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VOLUME 4 NUMBER 4 - OCTOBER 1994

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CLIC MEMBER INTERNET E-MAIL ADDRESSES Name

Agency

E-Mail Address

Ely, Roger A. Johnson, Pamela Stanton, William H. Shulgin, Sasha Traughber, Mark

DEA Western Lab — San Francisco, CA SEMO Crime Lab — Cape Girardeau, MO TN Bureau of Investigation — Nashville, TN ASRI — Lafayette, CA Orange Co. Crime Lab — Santa Ana, CA

[email protected] [email protected] [email protected] [email protected] [email protected]

If you have an Internet E-mail account or address, and would like to have it published in the next CLIC roster for other CLIC members to use, please drop me a note at [email protected].

VOLUME 4 NUMBER 4 - OCTOBER 1994

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 5 NUMBER 2 - APRIL 1995

IN THIS ISSUE Features Candidates for Officers Sought ...................................................................... 2 Uncle Fester’s Done It Again ......................................................................... 2 Changes In US Sentencing Guidelines Proposed ........................................... 3 Lab Seizures .................................................................................................. 4 CLIC Member Internet E-Mail Addresses ..................................................... 6 UK Man Freed In Ecstasy Lab Case ............................................................. 7 Photos For Journal Requested ........................................................................ 7 Appellate Court Rules On “Patrick Motion” In No-Dope Conspiracy Sentencing ........................................................ 8 Breathing Easy Every Day ........................................................................... 10 Minimal Requirements For Respiratory Protection Programs ..................... 11

Original Papers The Methods Of Methamphetamine Syntheses Most Commonly Used in Russia ........................................................... 12 S.P. Kazankov, Ph.D. and V.I. Sorokin, Ph.D. A Single Step Process For Methamphetamine Manufacture Using Hypophosphorus Acid ........................................... 14 Peter Vallely, B. Appl. Sci. Isolation and Identification of Methamphetamine Hydroiodide From Clandestine Laboratory Samples ................................................. 16 John Chappell, Ph. D. and Marsha Lee, Ph.D. An Efficient Method For The Synthesis Of Hydriodic Acid From Hydrogen Sulphide ...................................................................... 21 Peter Vallely, B. Appl. Sci.  1995 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner. For more information concerning the Journal, contact the Editor.

Association Officers President: Jerry Massetti CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Vice-President: Norman Kemper AR State Crime Lab PO Box 5274 Little Rock, AR 72215-5274 (501) 227-5747 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Kenneth Fujii Contra Costa Sheriff’s Crime Lab 1122 Escobar Street Martinez, CA 94553 (510) 646-2455 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Past-President: Steven Johnson Los Angeles PD Crime Lab 555 Rameriz Space 270 Los Angeles, CA 90012 (213) 237-0041 Executive Board Members: Terry A. Dal Cason DEA North Central Laboratory 500 US Customs House Chicago, IL 60607 (312) 353-3640 Thomas R. Ekis Forensic Consultant Services PO Box 11668 Fort Worth, TX 76110 (817) 870-1710

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CANDIDATES FOR OFFICERS SOUGHT The Membership Committee is seeking candidates to be voted on to fill the following offices at the CLIC 1995 Technical Training Seminar in Steamboat Springs, CO: Membership Secretary 3 year term Vice-President 1 year term, advancing to President and Past President Member-At-Large 2 year term Nominations for office must be received by the Membership Secretary no later than June 1 so they can be included in the July

mailing of the Journal. Self-nomination is encouraged. Please include a statement of qualifications when applying. For more information, contact the Membership Secretary: Ken Fujii Contra Costa Sheriff’s Crime Lab 1122 Escobar Street Martinez CA 94553-1215 (510) 646-2455 - voice (510) 646-2913 - fax

UNCLE FESTER’S DONE IT AGAIN BY AUNT BESSIE The guru of underground psychedelic cooking has made another contribution to the fight against the drug war. Uncle Fester, father of Secrets of Methamphetamine Manufacture, recently released another piece of cookbook wizardry entitled, Practical LSD Manufacture. Few LSD clandestine labs are encountered in the U.S. primarily due to the fact that it is such a complex as well as a hazardous drug to manufacture even for the experienced chemist. In his book, Uncle Fester comes to the aid of the clan lab cooks with little or no chemistry knowledge by presenting simple step-by-step procedures for preparing LSD without the complicated technical jargon. The publication includes some interesting and well-worth reading topics on how to harvest ergot - infested rye, then extract and isolate the lysergic acid amides for use in the manufacture LSD. Albert Hofmann’s patented “one-pot shot” method of synthesizing LSD directly from the lysergic amides is detailed, including how-to make hydrazine and diethylamine from raw materials. There is also a section on “Method X”, a method using a mixture of propionic anhydride and lysergic acid to produce LSD, as well a hefty section on how to manufacture 2,4,5-trimethoxyamphetamine (TMA-2) from the calamus root. Of course, an Uncle Fester piece is never complete without a

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helpful hint section on how to elude those cursed DEA agents. As a drug chemist, I find the book’s procedures simplified from published methods; however, Fester still insists on using a lot of scientific terminology understood only to those with a chemistry background. Nevertheless, I anticipate encountering future labs in which these LSD making techniques will be attempted and recommend that a copy of the book be kept on the reference shelf for such an occasion. The book can be ordered from: Loompanics Unlimited P.O. Box 1197 Port Townsend, WA 98368 or call 1-800-380-2230 for credit card orders. Cost: $15.00 plus $4.00 shipping Order Item No. 85202 Note: If you want to order the book, I would recommend paying only with a personal check or with a credit card, and having the book delivered anywhere but to a law enforcement office or laboratory.

 1995 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 5 NUMBER 2 - APRIL 1995

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CHANGES IN US SENTENCING GUIDELINES PROPOSED Each year, the US Sentencing Commission publishes its recommendations for changes in the US Sentencing Guidelines in the Federal Register and invites the public to comment on these changes. The US Sentencing Guidelines are used by Federal trial judges to determine the length of sentence an offender will serve based on the type of offense and, when drugs are involved, the quantity of drugs involved. The Guidelines have caused the forensic chemist several analytical problems over the past 5 years which has necessitated changes or additions in the analyses of controlled substances. The most recent impact the Guidelines created was the need to routinely identify the optical isomer form of the methamphetamine in federal cases to answer the challenge of a Patrick motion. The Guidelines are also used to calculate the sentence of methamphetamine and phencyclidine cooks based on the quantity of precursor(s) and/or finished product present. The current proposed changes in the Guidelines look to impact the forensic chemist further. The following are some of the proposed changes in the Guidelines and applications notes. For the full text, the reader is referred to the Federal Register, Volume 60, Number 5, Monday January 9, 1995, pp. 2430-2469.

LISTED CHEMICALS AND CALCULATING THEIR OUTPUT In the current Guidelines, precursor and reagent chemicals are noted as “listed precursor chemicals” and “listed essential chemicals.” The Domestic Chemical Diversion Act of 1993 (DCDA) replaced the terms “precursor” and “essential” with “list I chemicals” and “list II chemicals.” This change makes the Guidelines section consistent with the law. In addition, several changes were made in the DCDA by adding and deleting some chemicals from the lists and adding others. These changes are also to be reflected in the Guidelines. One interesting aspect of the changes deals with pills containing ephedrine. Under the DCDA, pills or tablets containing ephedrine are reportable as a List I chemical. The Commission suggests holding the defendant accountable for having ephedrine tablets; however, the total weight of the tablets will not be used to determine the sentence level. According to the Commission, “... [U]nlike ephedrine, which is purchased from a chemical company and is virtually 100 percent pure, these tablets contain about 25 percent ephedrine. To avoid unwarranted disparity, this amendment adds a note to §2D1.11 providing that only the amount of actual ephedrine contained in the pill [emphasis added] is to be used in determining the offense level.” It is not clear the level of proof the court may require to satisfy this application note, i.e., whether the quantity per tablet listed on the bottle will suffice or whether a quantitative analysis on the tablets will be required. If a clandestine laboratory is seized where only List I and/or

VOLUME 5 NUMBER 2 - APRIL 1995

List II chemicals are seized, the ephedrine equivalent for the listed chemicals will determine the sentencing level. If the chemicals pertain to a single synthetic method, e.g., ephedrine and hydriodic acid, the sentencing level is determined by the most abundant of these two listed chemicals. However, if you have two or more listed chemicals corresponding to two or more methods, the ephedrine equivalents are additive. For example, if ephedrine and phenylacetic acid are recovered, the ephedrine equivalents are added together to obtain the final sentencing level.

QUANTITATIVE ANALYSES ON ALL CONTROLLED SUBSTANCES? The Commission is very concerned with disparities in sentencing for different types of drugs. In the Proposed Amendments, the Commission writes: “...the fact that the guidelines do not take into account drug purity can lead to unwarranted disparity in three types of cases. First, with some drugs, the purity of the drug generally increases with the quantity (e.g., large quantities of heroin are generally purer than small quantities). With other drugs, purity varies less or does not vary at all...[S]econd, there are a number of controlled substances that typically use large proportions of filler material in distribution. Methadone and Percodan are examples. Consequently, the offense levels for these substances tend to be inflated grossly by the weight of the filler material...[T]hird, even with drugs that generally increase in purity as quantity increases (e.g., heroin), there are some points in the distribution scheme (particularly at the lover levels) in which purity may vary substantially and thus have a significant impact on offense level.” The proposed changes will remove the comment “(actual)” from the methamphetamine and PCP sentencing guidelines. This will not remove the requirement of quantitative analysis, though. In the Applications notes, the following will be inserted: “For offenses measured by the weight of the controlled substance (except marihuana, hashish, and hashish oil), use the weight of the actual controlled substance in the mixture or substance containing the controlled substance.” If the substance is cocaine, crack, cocaine base, heroin, methamphetamine and the quantity is over 1 Kg, a rebuttable presumption is allowed that the drug is at least 75% pure, e.g., 75% of the weight of the total exhibit is controlled substance. In any other case, the rebuttable purity is 50%. This presumption is allowed if no quantitative analyses are performed. But, with the likelihood of a referee analyses on the material, it is likely all controlled substances charged in federal cases will have to be quantitated. This is surely to have a substantial impact on state and local forensic laboratories.

 1995 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION OPTICAL ISOMER ARGUMENT REMOVED The Commission is hoping to remove the distinction between d- and l-methamphetamine. With these changes, if l-methamphetamine is produced or alleged to be produced, it will be sentenced out the same as d-methamphetamine. This amendment should also clarify the problem with the racemate where unsuccessful arguments have been made that only the d- portion of the methamphetamine should be considered for the purposes of sentencing.

CLANDESTINE LABORATORY YIELDS In the absence of finished product, estimating a laboratory's yield has always been problematic as there is no uniform method outside of using published values when available. In this amendment, the Commission has set 50% as the overall

conversion level for the determination of laboratory capacity. The Commission recognized the use of theoretical yield is unreasonable. The Commission invited comments as to whether 50% was too high or too low, whether each reaction should have its own conversion, whether you use the most abundant or least abundant precursor, or some other method. The Commission writes: “...the theoretical yield frequently will substantially overestimate the actual (expected) yield. In order to minimize unwarranted disparity and, at the same time, prevent the need for inordinately complex fact-finding, this amendment adds an application note (Note 22) to §2D1.11 providing that 50 percent of the theoretical yield be used as a proxy for expected yield unless the government or defendant provides sufficient information to enable a more accurate estimate of the expected yield.”

LAB SEIZURES GHOSTS OF THE PAST RETURNING, OR JUST AN ISOLATED LAB OPERATION? The Department of Justice Laboratory in Chico, CA was recently involved with a clandestine laboratory where a gallon of thionyl chloride was seized. Several years ago this would have not been remarkable because various “cookers” were manufacturing methamphetamine using the thionyl chloride / hydrogenation method of synthesis. At that time the hydriodic acid - red phosphorus method was not that widely used in our service area. Now, it is the only method we encounter. As regulations tighten on precursor materials, pre-manufactured hydriodic acid has become scarce and most “cookers” have resorted to manufacturing their own hydriodic acid. Ephedrine was used exclusively and is now being replaced by pseudoephedrine. Seizures of pseudoephedrine containing additional medicinal ingredients has become more common, too. Stephen T. Bentley CA Department of Justice Lab Chico, CA

SAN BERNARDINO COUNTY CONTINUES HIGH-VOLUME LAB SEIZURES As of March 31, 1995 the San Bernardino Country Sheriff’s Scientific Investigations Division has processed 225 clandestine laboratories in the quarter beginning January 1, 1995. All of the laboratories to date, except for one PCC / PCP laboratory, were involved in the manufacture of methamphetamine or a related activity such as the extraction of ephedrine pseudoephedrine from tablets.

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On March 30 a record was set with the seizure of 6 clandestine laboratories in the 12 hour period from noon to midnight. At one point two labs were being processed and two others were standing by waiting for chemists from the laboratory to arrive to process the scene. Hiram K. Evans San Bernardino Co. Sheriff’s Crime Lab San Bernardino, CA

RECENT TRENDS IN WESTERN CANADA Of the last five laboratories seized in Alberta and British Columbia since the end of December 1994, four have been methamphetamine and one was producing MDMA. Three of the four methamphetamine labs have used the hydriodic acid ephedrine process. Of these labs, the last two on March 3 and March 22 were almost identical in method and technique. A unique characteristic seen only in these two labs is the precipitation of the hydrochloride salt. After cooking, the methamphetamine base is isolated and acidified with hydrochloric acid. The resulting viscous solution is added to Mason jars containing acetone which has cooled in a freezer for several hours. The salt precipitates out and is collected. The remaining unprecipitated methamphetamine is recovered by removing the solvent under vacuum using a central vacuum in the first lab and a standards Sears vacuum in the second lab. The second precipitation would be accomplished using freshly cooled acetone - presumably at a smaller volume. The cook of the first lab is thought to have trained the cook of the second lab as well as several other suspected cooks in the Vancouver area. This individual as Landed Immigrant Status and is originally from

 1995 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 5 NUMBER 2 - APRIL 1995

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION California. His father, William Faulk is serving a sentence for manufacturing methamphetamine in Richmond, CA in 1992. The MDMA laboratory had recipes for piperonyl-2-propanone, MDMA, and MDA; as well as dosage information and other aspects of MDMA that had been downloaded from the Internet. Richard Laing Drug Analytical Services - Health Canada Burnaby, BC

methamphetamine. The suspect indicated he had tried out a similar device on an old car using only 1 pound of black powder and it sliced the car in half. The suspect indicated he used a radio transmitter to detonate the test device. Ron Mancini DEA Clandestine Lab Task Force Sacramento, CA

“COLD COOK” METHOD OBTAINED FROM COOKER A long-time methamphetamine cook in the Las Vegas area was recently arrested again for the illegal manufacture of methamphetamine. The suspect was cooperative and willing to be interviewed at length about his procedure for manufacturing methamphetamine using a “cold cook.” The following are the steps listed by the suspect: Iodine-Red Phosphorus Methamphetamine Recipe (Cold Cook) For a yield of 22 grams to 32 grams finished product. Total time for start to finish is approximately 12 hours. Ingredients: 100 grams ephedrine 30 grams red phosphorus 100 grams iodine crystals 50 ml distilled water

BOOBY TRAPPED CO2 CYLINDER ENCOUNTERED

In April 1994, a clandestine methamphetamine laboratory was seized near Garden Valley, in the foothills northeast of Sacramento. The operator of the laboratory was affiliated with the Misfits motorcycle gang. The laboratory was located in a large cargo container partially buried in the side of a hill. Approximately 20 gallons of old P2P was recovered from the site. At the site, a suspicious metal CO2 gas cylinder was located. The cylinder [see photo] had two automotive spark plugs tapped and drilled into the side wall of the cylinder. In addition, a 6-volt lantern battery and an automotive ignition coil were attached to the side of the cylinder by black electrical tape. The gas cylinder was found to containing 5 pounds of smokeless gunpowder and 15 pounds of black powder. Standing next to the cylinder was a 40-gallon cylinder of propane gas, which would cause a gas-enhancement of the blast created by the CO2 cylinder. The triggering device for this booby trap was a 10 foot square concrete slab set up to teeter. A person walking across the top of the slab would cause the slab to teeter in either direction. Beneath the slab was an air hose, similar to the type found in gas stations which set off a bell to notify the attendant a car is present. In this case, the hose triggered the device. The suspect indicated to investigators he would only hook up the device when he left the lab site or when he was using a lot of

VOLUME 5 NUMBER 2 - APRIL 1995

Using a 2000 ml vacuum flask, put tubing on nipple of flask for vent. 1. Place flask on hot plate and add chemicals in above order. 2. After adding water, immediately seal flask with rubber stopper. 3. Allow reaction to continue for approximately 10 minutes — watch closely 4. When reaction begins to die down, turn hot plate up gradually for 5–7 minutes. Watch closely as chemicals expand. 5. When chemicals start to collapse, cook for approximately 2 more minutes. 6. Take flask off hot plate and let reaction cool for 10–15 minutes. 7. Add approximately 3/4 gallon distilled water (flask nearly full) 8. Pour through filter paper into other container and continue filtering until all red color is gone and solution is gold or amber in color. 9. Pour solution into clean bucket (plastic, clear) or large separatory funnel and add 1/3 charcoal lighter fluid. 10. Slowly add 1 can lye, stirring lightly – solution will turn white. At this point, lighter fluid will separate to top and oil is in bottom solution. As lye is added, it goes to the bottom layer where the oil is. The lye causes the oil to rise into the lighter fluid and rest of lower solution stays down.

 1995 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 11. Separate lower layer and discard – keep lighter fluid level with oil in it. 12. Filter lighter fluid (oil) once. 13. Put back into separatory funnel and add 1/3 distilled water and shake. Let settle and separate lower layer (water) and discard. Repeat 2 times (the cook calls this his “rinse cycle). 14. Add another 1/3 water to lighter fluid and slowly add Acid (muriatic works best) using eye dropper to pH from 13 to 7. Oil now falls from lighter fluid to water. 15. Separate water (oil) and keep. Discard lighter fluid. 16. Put water (oil) in glass pan on hot plate and heat until water steams off. When water steams off, crystals will be left. Tom Harber Las Vegas Metro Police Department Las Vegas, NV

RECENT PCP ACTIVITY IN SOUTHERN CALIFORNIA In the first part of the year, a fully-operational piperidine laboratory was seized in Littlerock, CA, a community located in the high desert outside of Los Angeles. Piperidine was manufactured from pyridine with hydrogen gas and ruthenium dioxide catalyst. This method was referenced in JCLIC, Volume 3, Number 4, October 1993. A two-gallon Parr reactor was utilized to carry out the reaction. At the time of the seizure the reactor was set at 125°C. The reactor was 3/4 full. The product, “black pipe,” was distilled from a 22-liter round bottom flask to produce “clear pipe.” Analysis of the reactor “black pipe” and the “black pipe” in the distillation pot indicated the conversion of pyridine to piperidine was only 60%. About the only thing the distillation accomplished was to remove the black ruthenium color. The simple distillation did little to separate the pyridine from the piperidine. The boiling point of pyridine and piperidine is 115°C and 106°C, respectively. An old price list seized from the clandestine lab listed the reactor priced at $13,000.

A second “pipe” lab and PCP lab was seized in the Los Angeles area. The operation consisted of three separate sites, one each for the “pipe” lab, PCC manufacture, and Grignard/ PCP manufacture. The “pipe” lab and PCC lab were located in residential areas. The phenylmagnesium bromide manufacture and the PCP “pour” were done in open fields well away from people and possible odor detection. Piperidine was manufactured from pyridine with hydrogen gas and ruthenium on carbon as a catalyst. The reactions were carried out in two 2-gallon Parr reactors. One reactor was originally manufactured in 1982. Analysis of samples at the lab site indicated a very efficient conversion, 90% or greater, or pyridine to piperidine. At this lab no apparent purification was evident and the “black pipe” was used directly. The PCC crystallized with a black stain from the ruthenium on carbon; however, this did not cause any problems with the PCP synthesis. Pamela Smith and Harry Skinner DEA Southwest Lab – National City, CA

MDMA LAB SEIZED IN TIJUANA In late February, an operational MDMA laboratory was seized in Tijuana, Mexico. This was a joint operation with DEA and the Mexican Federal police. The location was a factory in two laboratory buildings, a storage shed and office building. The facility was reported to tablet one million tablets every two weeks. Approximately 240,000 tablets were seized. The tablets were an average of 200 mg/tablet of MDMA HCl. Enough precursors were present to produce an additional 4-5 million tablets. Approximately 30 tons of chemicals were seized. The chemical and equipment inventory was valued at over $1,000,000. The process used involved the production of MDP-2-P from piperonal and then the reaction of the MDP-2-P with sodium cyanoborohydride and methylamine. Pamela Smith and Harry Skinner DEA Southwest Lab – National City, CA

CLIC MEMBER INTERNET E-MAIL ADDRESSES Name

Agency

E-Mail Address

Bommarito, Chris ............ MI State Police Lab — East Lansing, MI .................. [email protected] Ely, Roger A. .................. DEA Western Lab — San Francisco, CA ................ [email protected] Johnson, Pamela ............ SEMO Crime Lab — Cape Girardeau, MO .............. [email protected] Johnson, Steve ............... LA PD Crime Lab — Los Angeles, CA ..................... [email protected] Massetti, Jerry ................ CA DOJ Crime Lab — Fresno, CA .......................... [email protected] Pakuluiewicz, Kevin ........ DEA Mid-Atlantic Lab - Washington, DC ................. [email protected] Stanton, William H. ......... TN Bureau of Investigation — Nashville, TN ............ [email protected] Shulgin, Sasha ............... ASRI — Lafayette, CA ............................................. [email protected] Traughber, Mark ............. Orange Co. Crime Lab — Santa Ana, CA ................ [email protected] If you have an Internet E-mail account or address, and would like to have it published in the next CLIC roster for other CLIC members to use, please drop me a note at [email protected].

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 1995 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 5 NUMBER 2 - APRIL 1995

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

UK MAN FREED IN ECSTASY LAB CASE A recent posting in the alt.drugs news group on Internet indicated an scientist arrested for manufacturing 3,4-methylenedioxymethamphetamine (MDMA) had been acquitted of the charge by a jury. I contacted CLIC members from the Metropolitan Police Forensic Science Laboratory in London, and they provided the following newspaper clippings. Unfortunately, they did not include the name or date of the papers. My thanks to Drug Section Manager Andrew J. Clatworthy for faxing the clippings.

“Scientist made Ecstasy in error “by Marianne Darch “A scientist who manufactured £400,000 worth of Ecstasy walked free from court yesterday after persuading a jury that he had been trying to make a hay-fever cure. “James Edgar was arrested after police found a bath tub containing 1.3 Kg of the class A drug in his laboratory at Takeley, Essex in November 1993. But Mr. Edgar, 46, said that an inexplicable chemical reaction had turned his “revolutionary anti-pollutant” into Ecstasy. “He told the court that the chemical formula of his product, known as MDMPA, was very similar to that of Ecstasy, or MDMA, but that he had done everything possible to avoid getting the two mixed up. Obviously, something had gone wrong, he said. “Jeremy Carter-Manning, QC for the prosecution. said that it was accepted not only that Mr. Edgar had known how to make Ecstasy but that he had indeed produced it. It was the Crown’s case that, rather than making the drug as a fluke, Mr. Edgar had done so “deliberately and knowingly”. The jury at Snaresbrook Crown Court took six hours to acquit Mr. Edgar. The drugs will remain in the possession of the police but Judge Haworth told Mr. Edgar that he could sue for their return. “Mr. Edgar, of Hoddesdon, Hertfordshire, has worked in the chemical industry for more than 20 years. He said he had received a lot of interest in his hay-fever cure, called Airborne Ten, which was designed to combat environmental hazards including sewage smells and acid rain. “During his research he ran into a few “teething problems” because the chemicals he had been using “split” when subjected to high temperatures needed in the process, he told the jury. To try to overcome this, he started experimenting with a chemical whose structure could be rendered into a more complex form, thereby producing Ecstasy. “The judge directed that seven further charges against Mr. Edgar relating to the manufacture of steroids and trademark offences were to be left on the court file.”

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“Boffin cleared in ecstasy air spray case “by John Steele “A businessman who unintentionally created the drug ecstasy as he tried to develop an air freshner has been cleared of plotting to manufacture the drug. “James Edgar was arrested in 1993 for being in possession of 16 flasks of a compound known as MDMA, or ecstasy. “He admitted he had followed the methodology and chemical recipe for ecstasy recorded by a distinguished American chemist, Mr. Alexander Shulgin, in a book. “But he believed he had stopped short of creating ecstasy and had produced a compound which would remove flaws in an industrial air-freshner which he had been trying to sell to the water and sewage industry. “A jury at Snaresbrook Crown Court acquitted him in one of only a small number of cases where a defendant has to prove his innocence. “Edgar, of Hoddesdon, Herts, conceded the Crown had established beyond a reasonable doubt he had created ecstasy, but he proved he did not believe he had. “Mr. Edgar, who has worked in the chemical business for more than 20 years without even an O-Level in the subject, had spent 17 months in jail on remand. His QC, Mr. Stephen Solley, described him as an amateur chemist dabbling in “mad boffinry”.”

PHOTOS FOR JOURNAL REQUESTED If you would like to submit photographs along with your description of a seized laboratory site, please contact the Editor of the Journal. The prefered medium is 35 mm color slide film, properly exposed with either available light or electronic flash. However, color photographs are also acceptable. The photos should depict an important aspect of the seizure such as glassware setups, chemical containers, or other items of interest. Original slides and photos are prefered, and will be returned in a timely manner.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

APPELLATE COURT RULES ON “PATRICK MOTION” IN NO-DOPE CONSPIRACY SENTENCING

Nancy Simpson, Assistant US Attorney for the Eastern District of California, discussed the impact of a Florida court decision called the “Patrick” decision on sentencing for methamphetamine cases at the federal level (3rd Annual Technical Training Seminar – Memphis, TN; and JCLIC, Volume 3, Number 4, October 1993, pp. 2-3. In Patrick, the defendant successfully argued that since the government did not conclusively show the isomeric form of the methamphetamine he was charged with, the court must assume the methamphetamine was the “levo” or “l” isomer and base the sentence on the Federal Sentencing Guidelines’ Drug Equivalency Tables for l-methamphetamine. Thus, the decision created a brief epidemic of appeals of sentences by methamphetamine defendants filing “Patrick” motions, even in some cases where the isomer had been proven. One of the more difficult Patrick motions the government had to answer was the situation known as a “no-dope” conspiracy. In this situation, an individual is charged with conspiracy to distribute or manufacture methamphetamine even though no controlled substance was actually seized in the investigation. These cases are usually put together through circumstantial evidence such as receipts and witness statements. Often, co-conspirators are witnesses against the defendant. Thus, the position of the defendant is that since there was no methamphetamine for the government to identify the optical isomer, the court must be lenient and sentence based on the methamphetamine being the levo form. The following is a decision, soon to be published, in which the government successfully argued the preponderance of evidence in the case indicated the defendant was manufacturing d-methamphetamine. -------------------UNITED STATES COURT OF APPEALS TENTH CIRCUIT UNITED STATES OF AMERICA Plaintiff-Appellee, VS. CLIFF LANDE, Defendant-Appellant. No. 94-8038 --------------------

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING (D.C. No. 93-CR-81) -------------------David A. Kubichek, Assistant United States Attorney (David D. Freudenthal, United States Attorney, John R. Barksdale, Assistant United States Attorney, with him on the brief), Casper, Wyoming, for Plaintiff–Appellee. Michael R. O’Donnell, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, with him on the brief), Cheyenne, Wyoming, for Defendant–Appellant. Before BALDOCK, REAVLEY,* and BRORBY, Circuit Judges. BALDOCK, Circuit Judge. * The Honorable Thomas M. Reavley, Senior United States Circuit Judge, United States Court of Appeals for the Fifth Circuit, sitting by designation. -------------------Defendant Cliff Lande appeals his sentence for conspiracy to possess with intent to distribute methamphetamine, 21 U.S.C. §846. We have jurisdiction under 21 U.S.C. §1291 and 18 U.S.C. §3742(a). We affirm. Defendant pled guilty to conspiracy to possess with intent to distribute methamphetamine, 21 U.S.C. §846. Prior to sentencing, the United States Probation Office prepared and filed a presentence report. The presentence report recommended that the district court calculate the quantity of methamphetamine attributed to Defendant as the isomer dextro-methamphetamine (“D-methamphetamine”), rather than the less potent levo-methamphetamine (“L-methamphetamine”).1 Defendant objected to calculation of his sentence on the basis of the more potent D-methamphetamine. At the sentencing hearing, the government introduced affidavits by Drug Enforcement Agency (“DEA”) Senior Forensic Chemists Roger A. Ely and Harry F. Skinner, and testimony by Steve Street, a coconspirator of Defendant. The government offered the DEA affidavits and the testimony in order to demonstrate that it was more likely than not based on the preponderance of the evidence that the methamphetamine

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION involved in the offense was D-methamphetamine. The affidavit by Roger A. Ely stated that the two dominant methods by which clandestine laboratories produce methampetamine yield either pure D-methamphetamine, or a mixture of D-methamphetamine and L-methamphetamine (“D,L-methamphetamine”). Mr. Ely stated he had never encountered pure L-methamphetamine in his sixteen years experience analyzing suspected methamphetamine samples produced by over 150 clandestine laboratories. Further, the affidavit stated that L-methamphetamine has little if any stimulating properties compared to D-methamphetamine, and that it was therefore unlikely that clandestine laboratories would intentionally manufacture L-methamphetamine. The affidavit by Harry F. Skinner stated, “[E]xamination of all methamphetamine exhibits analyzed in the last ten years at the DEA Southwest laboratory shows D-methamphetamine or D,L-methamphetamine only. No exhibits of methamphetamine were analyzed to be in the form of L-methamphetamine. Mr. Skinner’s affidavit concluded that it was not probable that clandestine laboratories would manufacture L-methamphetamine. Steve Street, a coconspirator of Defendant, testified that he purchased high quality, potent methamphetamine from Defendant between Fall 1989 and February 1990. Mr. Street testified that the methamphetamine he obtained from Defendant was better than what he had used a “couple hundred” times before because he “didn’t have to do very much of it quantity wise. And I was able to stay up for hours and hours on end. You know, I’m talking a couple, three days.” At the conclusion of his testimony, the government and Defendant stipulated that Steve Street’s wife Cindy Street would also testify that the methamphetamine was very potent. On the basis of the DEA affidavits and Steve Street’s testimony, the district court ruled that it was more likely than not under a preponderance of the evidence that the methamphetamine was D-methamphetamine. Thus, the district court sentenced Defendant to twenty-seven months imprisonment for conspiracy to possess with intent to distribute D-methamphetamine, 21 U.S.C. §846. This appeal followed. On appeal, Defendant contends the district court erred in sentencing him for D-methamphetamine. Specifically, Defendant argues the district court erred by finding that the government had established by a preponderance of the evidence that the methamphetamine involved in the offense was D-methamphetamine instead of the less potent L-methamphetamine. We disagree. We review a district court’s factual finding that a specific isomer of methamphetamine was involved in criminal activity for clear error. United States v. Deninno, 29 F.3d 579, 580 (10th Cir. 1994); see also 18 U.S.C. 3742(e) (factual findings at sentencing subject to clearly erroneous review). We will not reverse a district court’s finding unless it was without factual support in the record, or we are left with the definite and firm conviction that a mistake has been made after reviewing all of the

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evidence. United States v. Underwood 982 F.2d 426, 428 (10th Cir. 1992), cert. denied, 113 S. Ct. 3043 (1993); United States v. Easterling, 921 F.2d 1073, 1077 (10th Cir. 1990), cert. denied, 500 U.S. 937 (1991). At the sentencing hearing, the burden rests on the government to establish by a preponderance of the evidence the type and quantity of methamphetamine involved in the offense. Deninno, 29 F.3d at 580. Here, the government introduced affidavits of two DEA Senior Forensic Chemists who stated in their twenty-six years combined experience, they had never encountered a clandestine laboratory producing pure L-methamphetamine. Further, the affidavit of Roger A. Ely stated that L-methamphetamine has little if any stimulating effect2. In addition to this evidence, Mr. Street testified that the methamphetamine he obtained from Defendant had a significant stimulant effect because he would stay up for two to three days. Based on this evidence, we find that the district court was not clearly erroneous in concluding by a preponderance of the evidence that the methamphetamine involved in the offense was D-methamphetamine. Thus, the district court did not err in sentencing Defendant based on D-methamphetamine. AFFIRMED. -------------------1.

The sentencing guidelines impose a significantly harsher sentence for D-methamphetamine than for L-methamphetamine. The guidelines treat one gram of L-methamphetamine as the equivalent of forty grams of marijuana. In contrast, one gram of D-methamphetamine translates to a kilogram of marijuana. See U.S.S.G. 2Dl.1, Drug Equivalency Tables.

2.

At oral argument Defendant contended that the district court’s reliance on the DEA affidavits allowed the government to shift the burden of proof to him by allowing proof of a negative — i.e., the unlikelihood the methamphetamine was L-methamphetamine — to establish that D-methamphetamine was involved in the offense. However, Defendant neither raised this issue below nor briefed it in this court. Therefore we will not consider it. See Piazza v. Aponte Roque, 909 F.2d 35, 37 (1st Cir. 1990) (“Except in extraordinary circumstances ... a court of appeals will not consider an issue raised for the first time at oral argument.”); see also Hicks v. Gates Rubber Co., 928 F.2d 966, 970 (10th Cir. 1991).

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

BREATHING EASY EVERY DAY MARTY RUSZKOWSKI Occupational Health and Safety February 1995, Pages 65-67

WITHOUT PROPER CARE OF AIR-PURIFYING RESPIRATORS, CONTAMINANTS CAN LEAK INTO EVERY GASP

Respirators, like any other tool, must be maintained for maximum effectiveness. Damaged components result in the wearer breathing contaminated air and risking acute or chronic respiratory system problems. Breathing harmful dusts, fogs, smokes, mists, fumes, gases or sprays can cause a variety of lung diseases and cancer. But the probability of this exposure can be minimized. Air-purifying respirators (APRs) greatly reduce the entry of harmful substances into the lungs during breathing. However, if those substances can enter the respiratory system without passing through the purifying elements, the respirator is useless. Stretched headbands or distorted facepieces create leaks at the point of the seal. Cracked housings result in leakage. A damaged exhale valve permits contaminated air to bypass the filters or air-purifying cartridges and enter directly into the facepiece. Proper care of the respirator is simple. Anyone depending on the respirator will pay a heavy price for neglect.

DISASSEMBLY AND INSPECTION The procedure for half-masks and full-face respirators are similar. We’ll discuss half-masks first. Check the headbands daily. Stretch the elastic. Look for frayed areas, loose strands, tears or loss of elasticity. Any of these flaws require the replacement of whichever part has deteriorated. Remove the filter and exhale-valve covers. Be thorough when examining the rubber-valve ducts. An aging or damaged exhaust valve can allow contaminants into the mask. Intake valves that do not work properly interfere with the performance of the respirator. Sticking intake valves result in high breathing resistance, whereas leaks at these points cause a buildup of heat and moisture in the faceplate as exhaled air tries to escape through the cartridge areas. Examine the faceplate for cuts, tears and holes. Replace it if there is visual evidence of damage or deterioration. When working with full facepieces also examine the lens. Cuts, scratches or abrasions will restrict vision. Make certain the seal around the lens is intact and that there are no openings between the moldings and the lens. Leaks will allow contaminants into the mask. The nose cup should be checked following the procedure for a half-mask respirator.

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Make sure the filter/cartridge housings are not cracked or deeply scratched, and that the threads are not damaged. If the threads where the cartridges attach to the housing are nicked or cut, the entire facepiece assembly should be replaced.

FILTERS AND CARTRIDGES Half-mask and full-face APRs require the same air-purifying elements. Filters trap particulates. As the filter “Ioads up,” increased breathing resistance will signal the need to change filters. Make the change when it becomes difficult to inhale. Cartridges use a chemical sorbent to remove gaseous contaminants from the air. When a pair of cartridges is spent, the wearer will notice contaminant odor, taste or irritation indicating that the contaminant has broken through and the cartridges should be changed. If the contaminant in the workplace has poor warning properties (if it cannot be tasted or smelled), cartridge-type, air-purifying respirators should not be used.

CLEANING PROCEDURES – STORAGE Mechanical or manual methods are acceptable. Both involve washing, disinfecting, rinsing and drying. The author suggests the following procedures: 1. Remove the filters, cartridges and valve flaps. Inspect for worn or deteriorating parts. 2. Immerse the facepiece in a solution of disinfectant cleaner or other germicidal detergent and warm water according to instructions on the label. Avoid the use of cleaning compounds containing alcohol and other organic solvents that may deteriorate rubber, plastic or even silicone parts in the face piece. 3. Use a soft brush or cloth to remove dust, grease, paint, etc. that has not lifted with soaking. 4. Rinse thoroughly with clear water. As with any article of clothing, detergent residue will cause skin irritation on contact. 5. Air or towel dry. Heated drying can warp the plastic parts. 6. Wash valve flaps. Dry them on a flat surface to minimize deforming. Valve flaps should be flat. If not, they will not seal properly. 7. Reassemble respirator. Simple cleaning kits may be purchased for a nominal cost. Typically these kits include an alcohol-free, non-alkaline cleaner that disinfects bacteria and fungi, a handy two-sided cleaning

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION pail for cleaning and rinsing, a brush, an air bulb for cleaning and drying and a supply of cloth drying wipes. For quick cleaning and freshening up to supplement the regular cleaning procedure, individually packaged towelettes are available. The towelettes effectively remove perspiration and body oils. Alcohol-free disinfectant pads are specially formulated to clean all facepieces without causing deterioration to plastic parts, including natural rubber. Proper storage of respirators requires that they be protected from the heat, extreme cold, sunlight, excessive moisture, dust and contaminating chemicals. After cleaning and drying, the respirator should be placed in a sealed sterile bag until it will be used again. Respirators should not be crammed in workers’ tool boxes where they can easily be damaged and contaminated by soiled or greasy tools. Storage cabinets should be conveniently located in work areas for overnight storage. When the respirator is reused, a “positive pressure check” should be conducted as the facepiece is put on. The user can easily and quickly check the seal by blocking the exhale valve

opening with the heel of the hand or thumb. Gentle exhaling will build up a slight pressure on the facepiece. Escaping air can be felt immediately. If light exhalation causes a leak, the facepiece should be adjusted and the seal rechecked. Normally this will correct the problem. However, if a proper seal cannot be achieved the respirator should not be worn. To sum up, an air-purifying respirator, like any other tool, requires care. Merely supplying the equipment is not enough. Given just minimal maintenance, though, it will provide faithful service for a long time. Like a true friend, your respirator enables you to breathe easy. Marty Ruszkowski is the sales and marketing manager for Pro-Tech Respirators, Inc., headquartered in Buchanan, Mich.

MINIMAL REQUIREMENTS FOR RESPIRATORY PROTECTION PROGRAMS OSHA’s “General Industry Safety and Health Regulations” (Part 1910.134) lists minimal acceptable requirements for a respirator protection program. Four of the eleven relate to inspection, maintenance and cleaning. The complete list follows: 1. Written, standard–operating procedures governing the selection and use of respirators shall be established. 2. Respirators shall be selected o the basis of hazards to which the worker is exposed. 3. The user shall be instructed and trained in the proper use of respirators and their limitations. 4. Where practical, the respirators should be assigned to individual workers for their exclusive use. 5. Respirators shall be regularly cleaned and disinfected. Those issued for the exclusive use of one worker should be cleaned after each day’s use, or more often if necessary. Those used by more than one worker shall be thoroughly cleaned and disinfected after each use. 6. Respirators shall be stored in a convenient, clean and sanitary location. 7. Respirators used routinely shall be inspected during cleaning. Worn or deteriorated parts shall be replaced. Respirators for emergency use such as self–contained devices shall be thoroughly inspected at least once a month and after each use. 8. Appropriate surveillance of work area conditions and the degree of employee exposure or stress shall be maintained. 9. There shall be regular inspections and evaluations to determine the continued effectiveness of the program. 10. Persons should not be assigned to tasks requiring use of respirators unless it has been determined that they are physically able to perform the work and used the equipment. The local physician shall determine what health and physical conditions are pertinent.. The respirator user’s medical status should be reviewed periodically (for instance, annually). 11. Approved or accepted respirators shall be issued when they are available. The respirator furnished shall provide adequate respirator protection against a particular hazard for which it is designed in accordance with standards established by competent authorities.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

THE METHODS OF METHAMPHETAMINE SYNTHESES MOST COMMONLY USED IN RUSSIA S. P. KAZANKOV, PH.D. Forensic Service of Law Enforcement Department St. Petersburg, Russia

V. I. SOROKIN, PH.D. Ministry of Internal Affairs of Russia, Criminalistics Centre Moscow, Russia Methamphetamine, known under the name of Pervitin among the drug–addicts today, is one of the most common narcotic drugs used in Russia. In most cases, methamphetamine is produced from ephedrine in small quantities for individual use. The general scheme includes the isolation of ephedrine from the crude base and its subsequent reduction to methamphetamine. Most often the sources of ephedrine used for methamphetamine syntheses are medicinal drugs sold in the Russian territory such as aqueous solutions of ephedrine hydrochloride; the ointment “Sunoref” (Russia); the tincture “Solutan” (Czechoslovakia) and “Broncholytin” (Bulgaria); and pills “Teophedrine” (Russia). But in the last few years several illegal laboratories manufacturing methamphetamine from other precursors, for example phenylacetic acid, were busted. In one of the clandestine laboratories attempts were made to produce methamphetamine from benzylcyanide, but they were not successful.

THE SYNTHESIS OF METHAMPHETAMINE FROM EPHEDRINE Before the synthesis of methamphetamine the medicinal drugs are processed with the aim of extracting the ephedrine. Ephedrine is extracted from the “Sunoref” ointment in the following way: 100-150 g of the drug is carefully mixed with the 200 ml of water heated to 70-80°C. Then the mixture is cooled down and the frozen ointment base is separated. The resulting solution is vaporized to form a solid residue containing ephedrine. “Solutan” and “Broncholytin” are dissolved in water and alkalized with ammonium. Then ephedrine is extracted from the water mixture with benzene. The benzene solution is extracted with saline acid and the acidic water extract is concentrated by evaporation to a solid residue containing ephedrine. For the extraction of ephedrine from “Teophedrine,” the ground pills are extracted with organic solvent, after which the solid phase is filtered and discarded. The solvent is stripped from the solution, and there remains crystals containing ephedrine. In the process of heating, the ephedrine precipitates and crystallizes on the inner surface of the flask. Methamphetamine is manufactured from crystals containing ephedrine in the following way: 10 parts of ephedrine or crystals containing ephedrine are mixed with 20 parts of crystalline

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iodine, 15 parts of red phosphorus and 20 volumetric parts of acetic acid. The mixture is boiled for an hour in the glass vessel with the rubber stopper with 5–7 cm glass tube passed through it. The resulting reaction mixture is cooled down, diluted with acetone to lessen the viscosity, filtered and the liquid fraction is separated. After the evaporation we get a thick dark-brown mass, to which water is added. Then it is shaken and let to demulsify. The aqueous layer is removed, neutralized and several drops of sodium thiosulphate are added for bleaching. The resulting solution of methamphetamine is a clear, colorless or light yellow liquid used for intravenous injections. The processes of methamphetamine synthesis from different types of raw-material are conducted according to one and the same scheme, but they can have their own features and negligible distinctions. For example, the process of methamphetamine production from “Solutan” is rather interesting. “Solutan” is an orange-brown or yellow-brown liquid, containing in 50 g: extr. Belladonnae fl. .................. 0.5; extr. Primulae fl., ...................... 0.5 extr. Stramonii fl., ..................... 0.5 extr. Balsami Tolutani fl., ......... 0.85; Ephedrini hydrochloride., ......... 0.85 Natrii iodidi ............................... 5.0 Procaini hydrochloride .............. 0.2 Glucerinum (aqua) et Spiritus. The preparation (50 ml) is poured into the metal plate and set on fire. After the alcohol has burned (when the smoking flame disappears), the liquid is cooled and removed to a bottle to which 50 ml of diethyl ether added and the mixture is made alkaline with sodium hydroxide. Then the mixture is shaken energetically and allowed to separate. The ether layer is removed to another vial and neutralized with concentrated, hydrochloric acid. The resulting mixture is also energetically shaken, leading to the formation of white crystals containing ephedrine hydrochloride on the walls and the bottom of the vial. The ether is decanted and the white crystalline substance is collected and squeezed between the layers of porous paper to remove oily by-products. The substance left on the paper surface is dried, mixed with crystalline iodine and red phosphorus in the following

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION proportion: 1: 1: 0.3. Then the mixture is placed into the 50 ml vessel and closed with a stopper provided with a 5–7 cm glass tube. The vessel is heated until white smoke appears. After the completion of the reaction (when the smoke stops), the mixture is dissolved in water and filtered. The resulting liquid, light brown in colour, contains methamphetamine and is used for intravenous injections.

[anhydrous, Ed.] sodium acetate, and the further reaction with methylamine according to the scheme in Figure 1. The stage of methylbenzylketone production takes about 27 hours to complete. The method of synthesis of methylbenzylketone by the criminal group in St. Petersburg seems very interesting because it allows them speed up the process by ten times allowing more production. According to this method methylbenzylketone is manufactured by fusion of phenylacetic acid with plumbum (lead) acetate.

METHAMPHETAMINE SYNTHESIS FROM PHENYLACETIC ACID The process of methamphetamine synthesis from phenylacetic acid involves its heating with acetic anhydride and waterless

O OH

H3C O

+

O

O

H3C

phenylacetic acid

O acetic anhydride

methylbenzylketone (phenylacetone)

methylbenzylketone (phenylacetone) CH3

CH3 O

CH3

sodium acetate

+

NH2CH3 methylamine

sodium borohydride

HN

CH3 methamphetamine

Figure 1: Reaction sequence for methamphetamine from methylbenzylketone

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

A SINGLE STEP PROCESS FOR METHAMPHETAMINE MANUFACTURE USING HYPOPHOSPHORUS ACID PETER VALLELY, B. APPL. SCI. John Tonge Centre for Forensic Sciences 39 Kessels Road Coopers Plains, Queensland AUSTRALIA 4107

INTRODUCTION In the past twelve months chemical supply companies on the east coast of Australia have reported a marked increase in the sales of hypophosphorus acid [14332–09–3] (also marketed under the name phosphinic acid [6303–21–5]) to what are described as “suspicious” clients. Recently this laboratory has responded to three related clandestine lab seizures where this reagent has been employed in a single step pseudoephedrine reduction process using iodine to generate hydriodic acid in situ. No phosphorus was found at any of the sites. The use of lower oxo acids of phosphorus has been previously identified by clandestine lab investigators elsewhere (“Slurpy Machines...,” JCLIC, April 1993, p. 11, and “Synthesis of Phenylacetic Acid via Mandelic Acid,” JCLIC, Jan 1993, p 15–20) however this laboratory has not encountered the incorporation of pseudoephedrine to provide a single step process prior to now.

Therefore the gaseous HI fumes out (the boiling point of HI at 1 atm is -35.1°C. N.B.). The importance of this fact to clandestine laboratory investigators is paramount. The presence or absence of water-cooled condensers would not effect the quality of the air in such scenes. The use of a breathing apparatus at such scenes is mandatory. Hypophosphorus acid exists in two tautomeric forms, one with the phosphorus atom quadruply connected (1), the other form based on a triply connected atom (2) [2, 3]. The rates of reaction of these tautomers differ considerably. The triply connected tautomer is the reactive species under these conditions and is formed slowly from the other. On its formation it is oxidized rapidly and irreversibly with the iodine to produce phosphorus acid, this in turn being further oxidized to phosphoric acid. The reaction of hypophosphorus acid with iodine is described briefly by the following [1]:

EXPERIMENTAL The source of pseudoephedrine in each case was from Sudafed tablets. A copy of a crude recipe was recovered from one site and was reproduced in the laboratory using the relative proportions outlined therein: pseudoephedrine:hypophosphorus:iodine in the molar ratios 1:2.3:2.3. The order of addition of reagents was not specified so arbitrarily the iodine was added to the hypophosphorus acid prior to the pseudoephedrine. Considerable heating occurred with the addition of the iodine, to the point of boiling. Dense white fumes shown to be HI were evolved and cooling the reaction vessel in ice was essential to allow the last of the iodine and the pseudoephedrine to be added. The reaction mixture was then gently warmed under a reflux condenser. Copious fumes again evolved for approximately 10 minutes. The mixture was then cooled, basified with saturated aqueous sodium carbonate solution, and extracted into chloroform. A sample of this solution was diluted and examined by GC/IR/MS.

DISCUSSION The extract examined contained methamphetamine with trace levels of P2P. No residual pseudoephedrine was detected. The amount of hypophosphorus acid and iodine were greatly in excess of the amount of pseudoephedrine. This could possibly explain the rapidity of the reaction. There is more HI generated in this reaction than can be absorbed by the water present.

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H H P OH O Tautomer 1

OH H P: OH Tautomer 2

H3PO2 + I2 + H2O

H3PO3 + 2HI

H3PO3 + I2 + H2O

H3PO4 + 2HI

The first reaction is rapid, the second relatively slow. Hypophosphorus acid also poses a secondary risk in a clandestine lab environment in that it disproportionates at 130-200°C to produce phosphine and phosphoric acid. This temperature is readily attainable during the addition of iodine at initial stage of the reaction. Identification of reaction mixtures containing hypophosphorus, phosphorus and phosphoric ions has resisted contemporary techniques such as ion chromatography resolution in this lab to date. Reliance has been placed on a combination of classical tests [5, 6] to determine their presence.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Hypophosphorus acid is commercially available in 50%, 30-32% and 10% w/w solutions and provides a viable alternative to the clandestine chemist to effectively carry out the reduction of ephedrine or pseudoephedrine without the necessity to procure either hydriodic acid or red phosphorus. The health hazards to cooks and investigators alike are escalated relative to those present in the usual HI / red P method. The clandestine lab operators discussed here adopted the practice of setting up the apparatus and vacating the premises until a predetermined time had elapsed. Photographs of previous reactions seized at one site bear testimony to this procedure's ability to generate considerable volumes of HI from a relatively small scale synthesis.

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REFERENCES 1. Phosphorus and its Compounds: Vol. 1, Van Wazer, J.; Interscience New York 1958, pp 355–367. 2. Topics in Phosphorus Chemistry: Vol 1, Grayson, M and Griffith, E. J., Eds. Interscience New York, 1964, pp. 113-187. 3. Ullmans Encyclopaedia of Industrial Chemistry Vol A 19, Ed. 5, VCH Weinheim, West Germany, 1985, pp. 530–532. 4. Kirk Othmer Encyclopaeda of Chemical Technology: Vol 17, Ed. III, J. Wiley, New York 1978–1984, pp. 520–521. 5. Macro and Semimicro Qualitative Inorganic Analysis Ed. IV, Vogel, A. J., Longmans 1965 pp. 391–392. 6. Standard Methods of Chemical Analysis Ed. 6, Vol. 1, N. Howell Furman, Editor; D Van Nostrand Co., March 1962, pp. 828–831. 7. Personal Communications: Pam Smith & Harry Skinner, DEA Southwestern Region Laboratory, National City, California.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ISOLATION

IDENTIFICATION OF METHAMPHETAMINE FROM CLANDESTINE LABORATORY SAMPLES

AND

HYDROIODIDE

JOHN CHAPPELL, PH.D. AND MARSHA LEE, PH.D. Drug Enforcement Administration Western Regional Laboratory 390 Main Street, Room 700 San Francisco, CA 94105

INTRODUCTION A currently popular method for the illicit manufacture of methamphetamine is the reduction of ephedrine by hydriodic acid with red phosphorus [1]. Inherent to this process is the complexation of hydrogen iodide (HI) with methamphetamine since the methamphetamine product is formed in an aqueous solution of HI. Detection of the HI salt form for methamphetamine at the clandestine lab site is, therefore, suggestive of this synthetic route and may be useful evidence, especially in the absence of the precursor chemical ephedrine. Methamphetamine HI can be isolated from some aqueous solutions by an ion-pair extraction with chloroform [2], and the HI salt form may be unambiguously identified by infrared transmission spectroscopy [3]. However, this identification is complicated by the reluctant precipitation and crystallization of the HI salt from the extract solution upon solvent evaporation. A viscous and discolored liquid may persist, which is unusable for infrared identification. A three-step procedure is described to reliably isolate and precipitate the HI salt for infrared examination. This paper also considers the conditions and efficiency of the ion-pair extraction of methamphetamine salts, and the general applicability of the procedure to detect methamphetamine HI from clandestine laboratory evidence.

PROCEDURE A general procedure for the extraction and crystallization of the d-isomer of methamphetamine HI is presented here as two steps that may be applied to aqueous solutions or residues on surfaces. An additional third step describes the recrystallization of the HI salt to obtain a cleaner sample, although this purification may not be necessary in order to make an infrared identification. Materials screw-top test tubes (12 mL capacity) chloroform, methylene chloride (reagent grade) scintillation vials (20 mL capacity) anhydrous ethyl ether (reagent grade) beakers (10 to 30 mL capacity) acetone (reagent grade) Pasteur pipettes anhydrous sodium sulfate cotton potassium bromide (spectroscopic grade) micro-spatula

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Step 1 - Ion-Pair Extraction with Chloroform A) Extract the suspect aqueous solution with chloroform. Typically, this reddish-brown solution will represent the initial reaction mixture, which is highly acidic and concentrated in methamphetamine HI (>100 mg / mL). A few milliliters of the aqueous solution is usually adequate and should be extracted with an equal or greater amount of chloroform. The extraction is performed by placing the two liquids in a screw-top test tube, and shaking the contents vigorously for approximately 30 seconds. The two phases are allowed to separate under gravity or by centrifugation. Generally, the chloroform phase will be the lower layer, although some highly dense aqueous solutions may assume the bottom phase. The chloroform solution can be removed by pipette and then dried over sodium sulfate. The drying step is conveniently performed by passing the solution through a column of anhydrous sodium sulfate (~5 cm height) that is packed within a Pasteur pipette plugged with cotton. This dried solution is collected in a test tube or small beaker for Step 2. B) Rinse residues directly with chloroform or methylene chloride. Residues can be simply extracted by rinsing the evidence with either chloroform or methylene chloride and then drying this solution using a sodium sulfate / Pasteur pipette column prior to proceeding with Step 2. Step 2 - Precipitation of Methamphetamine HI A) Remove the solvent from the extract solution. The chloroform or methylene chloride solvent is evaporated off of the extract of Step 1 by heating the solution on a steam bath. When no further volume change is detected in the liquid, the sample is removed from the heat and allowed to cool to room temperature. Some care should be taken so as not to unnecessarily overheat the sample since the HI salt is subject to decomposition, which further contaminates the sample and can inhibit the crystallization of the salt. The liquid may be highly colored (from a light orange to a dark brown) when methamphetamine HI is present, and will become viscous upon cooling if sufficient solvent was removed during heating.

 1995 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 5 NUMBER 2 - APRIL 1995

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION B) Induce crystallization on a potassium bromide disc. Upon standing at room temperature, a crystalline material may be observed to grow on the sides of the test tube or beaker (3 hrs). Crystallization can often be induced by applying a small amount of the viscous liquid (with the tip of a micro-spatula) to a freshly-pressed potassium bromide (KBr) disc. Upon spreading a thin film of the liquid over the KBr surface, the film may appear to ‘dry’ and become a tacky powder. The surface of the KBr disc apparently encourages nucleation, possibly by drawing remaining solvent into the small pores of the sintered disc. This dry powder may then be streaked with the spatula through the original viscous liquid (and up the sides of the container) to induce precipitation. Evidence of crystallization can appear shortly (30 mg powder, >50 mg waxy solid) is placed in a sealable container like a screw-top bottle or scintillation vial. The salt is dissolved in a small amount of dry acetone (~0.5 mL) , which may then be further filtered if insolubles are present. Fresh ethyl ether (>10 mL) is then added to this acetone solution of the salt, mixed thoroughly and capped to prevent solvent evaporation and minimize sample oxidation. The solution generally assumes a yellow color, and clouds slightly upon standing. Small crystals with a needle-like habit can form within minutes for relatively clean samples and may grow to a centimeter in length upon standing. Highly contaminated samples can require several hours before stout crystalline rods appear, typically growing off the bottom of the vial. Once precipitation slows, the mother liquor may darken and should be removed by pipette before the decomposition process deposits colored impurities on the crystals. A dark residue may also be precipitated with the crystallization of dirtier samples, but discolored crystals can still give clean and identifiable infrared spectra. The crystals may be finally washed with some cold ethyl ether to remove any residual impurity-containing solution. This recrystallized form for d-methamphetamine HI can be of relatively high purity and exhibit a sharp melting point between 98 and 99°C. The crystals are optically anisotropic with an elongated habit (needles, plates and rods) that shows parallel extinction. Most grains appear negatively elongated, although some orientations can present a positive elongation. It should be noted that some earlier reports [4,5] had provided inconsistent (and apparently erroneous) results for the infrared and melting point data of d-methamphetamine HI.

DISCUSSION The solution chemistry of methamphetamine HI exhibits some interesting aspects, which differentiates it from that of the HCl and HBr salts, and strongly influences the methods employed to isolate and analyze the HI salt. A comparison of extraction efficiencies for the different salts under some relevant conditions is illustrated in Table I. The ion-pair extraction of the HI salt from an aqueous solution is significantly more efficient than that observed for the HCl and HBr salts, as has been noted previously [2]. Notably, detectable levels of methamphetamine HI can be readily recovered from near-neutral (pH~5) aqueous solutions at modest concentrations of the salt. This chemistry can aid in the detection of the HI salt from some clandestine laboratory samples. The partition behavior of the HCl and HBr salts can also allow for their ion-pair extraction from some aqueous solutions,

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION although relatively high concentrations of the salts (>100 mg/mL) or acidity are required. The enhanced ion-pair partitioning of methamphetamine HI also enables its extraction with methylene chloride from aqueous solutions with higher concentrations of the salt. The solubility behavior of methamphetamine HI also shows an important difference from that of the other hydrogen halide salts. All three salts are highly soluble (>100 mg/mL) in the chlorinated solvents, methylene chloride and chloroform, but only methamphetamine HI is also soluble in acetone. Acetone is recognized as an effective wash solvent for the HCl salt, where it readily dissolves common impurities or by-products of methamphetamine manufacture without much dissolution of the HCl salt (~2 mg / mL). It could be similarly employed for the HBr salt even though the solubility of this salt is somewhat greater (~5 mg / mL). In contrast, the HI salt is very soluble in acetone (>50 mg / mL), negating the value of acetone as a wash solvent for this salt. Consequently, a recrystallization scheme has been employed here as an alternative means of purification for the HI salt. One method employed to recrystallize methamphetamine HCl is the dissolution of the salt in acetone, followed by the dropwise addition of ethyl ether to slowly supersaturate the solution with regard to the HCl salt. This procedure yields white crystals with a needle-like habit, the crystal size dependent upon the degree of supersaturation (or amount of ether added). This approach is also applicable to the HBr and HI salts, although the precipitation of the HI salt is quite sensitive to the amount of acetone used. The high solubility of the HI salt in acetone necessitates much less acetone in the mother liquor in order to prepare supersaturated solutions of the salt to induce crystallization. Solutions that are not sufficiently supersaturated may not precipitate crystals, but instead leave only a dark residue after prolonged standing. This apparent decomposition of the HI salt occurs for solutions allowed to age, and thereby inhibits any recrystallization of the salt by slow solvent evaporation. Fresh solutions of the HI salt in either the chlorinated solvents or acetone typically appear light yellow to burnt orange, which during solvent evaporation darken considerably within a few hours and deposit the HI salt as a oily material on the bottom of the container. Decomposition appears to involve the oxidation of the iodide ion to elemental iodine, which can account for the development of a dark coloration to solutions of methamphetamine HI. Iodide is readily oxidized by dissolved oxygen or peroxide ion in solution. Consequently, the common formation of peroxides in ethyl ether emphasizes the need for fresh ether solvent in the recrystallization step. Molecular iodine may also directly interfere with the crystallization process of the HI salt through its reaction with the iodide ion to form a triiodide species. Concomitant with this reaction would be the formation of basic oxy-anion species, which may then convert the methamphetamine salt to the base form. Decomposition may even occur on the surface of the solid phase, as crystals of the HI salt have been observed to discolor

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when suspended in ether for cleaning. Fortunately, some decomposition does not prevent identification since even highly discolored solids can yield a recognizable infrared spectrum of methamphetamine HI, although impurities are evident by a depressed melting point for the colored solids. Once recrystallized, the white crystalline form is apparently stable, and has not been observed to undergo any significant decomposition after months while stored at ambient conditions in a dark location. This analysis for methamphetamine HI has been successfully applied to several examples of evidence seized from clandestine laboratories. The principal type of sample derives from the primary reaction mixture where methamphetamine is produced in an acidic aqueous solution containing hydriodic acid. The HI salt may also be found wherever residues of the reaction mixture have been deposited intentionally or by accident. This especially includes spills or used labware showing red phosphorus, as well as any material that is used as a filter to remove the red phosphorus solids from the original reaction mixture. Samples encountered include cheese cloth filters, heavily stained with red phosphorus, which after rinsing in methylene chloride and precipitation of the HI salt were found to yield gram quantities of methamphetamine HI. Some care should be taken with damp articles stained with red phosphorus, though, since they likely are corrosive with concentrated HI. A highly discolored acetone solution from a clandestine laboratory has also been found to contain high levels of methamphetamine HI. This solution may represent an old wash solution from the clean-up of a methamphetamine HCl product, which became contaminated with hydriodic acid. Acetone sufficiently contaminated with HI will dissolve methamphetamine HCl into solution as the HI salt. The HI salt was recovered by evaporation of the acetone solvent to leave a dark aqueous solution, followed by extraction as outlined in the procedure. Acetone solutions contaminated in this way may then also provide tell-tale evidence of the presence of HI at the manufacturing site.

CONCLUSIONS The direct identification of the HI salt of methamphetamine from clandestine laboratory samples may be a practical means of establishing or corroborating the ephedrine / HI synthetic route. The HI salt can be difficult to isolate by conventional techniques, however, and a reliable method is presented here by which to analyze clandestine laboratory samples for methamphetamine HI. The salt is found to give an unambiguous infrared spectrum, and can be recrystallized into a relatively pure solid with a narrow melting range (98 to 99 °C). These results resolve some inconsistencies previously reported for the infrared and melting point data of d-methamphetamine HI.

 1995 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 5 NUMBER 2 - APRIL 1995

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION REFERENCES 1. T. S. Cantrell, B. John, L. Johnson, and A. C. Allen, “A Study of Impurities Found in Methamphetamine Synthesized from Ephedrine,” Forensic Science International, Volume 39, 1988, pp. 39-53. 2. H. F. Skinner, “Methamphetamine Synthesis via Hydriodic Acid / Red Phosphorus Reduction of Ephedrine,” Forensic Science International, Volume 48, 1990, pp. 123-134.

3. J. S. Chappell, “Matrix Effects in the Infrared Examination of Methamphetamine Salts,” Forensic Science International, in press. 4. A. M Fatta, “A New Form of Methamphetamine,” Microgram, Volume 5, 1972, pp. 66-70. 5. R. P. Stone, H. G. Linde, and A. M. Fatta, “Ephedrine Hydroiodide and Methamphetamine Hydroiodide,” Microgram, Volume 5, 1972, pp. 97-104.

Table 1: Ion-Pair Extraction of Methamphetamine Salts from Aqueous Solutions* Initial Amount (mg)

Extracted Amount (mg) of Methamphetamine Salt HCl

HBr

HI

100

6 (3)

18 (10)

39 (31)

30

NH4OH + (NH4)2SO4 In addition, the pH would be lowered, decreasing the environmental impact if unintentionally released. 3) Flaring Ammonia is difficult to burn and requires a constant source of ignition. Releasing ammonia to atmosphere and attempting to flare or burn it off would require about 2 gallons of propane for every 1 gallon of ammonia. Efficient flaring of ammonia typically requires highly engineered, specialized and very expensive equipment not readily available to emergency responders. Flaring of ammonia is not recommended in this application. 4) Using a “coffin” device A coffin, which is a device that can be used to handle high pressure compressed gas cylinders, could be used to evacuate one of these tanks if the 5-gallon propane tank had typical compressed gas fittings. However, as mentioned earlier, “Nazi method” tanks observed to date have not had these fittings. Under normal

 1996 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 6 NUMBER 4 — OCTOBER 1996

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION conditions, a tank would be placed in the coffin, connected to pressure relief fittings and vented under controlled conditions. This process would require transportation of a coffin with trained personnel to the scene and manipulation of the 5-gallon propane tank. As described in this report, stabilizing the tank will decrease internal pressure and other listed methods may be more practical than the use of a coffin device. 5) Recycling Recycling the ammonia was discussed with several chemical recycling organizations and ammonia users. None expressed any interest in this potentially contaminated material.

RECOMMENDATIONS TO DEPARTMENT OF ECOLOGY FOR FIELD TESTING TO VERIFY AND DOCUMENT OPTIONS LISTED IN THIS REPORT.

It is recommended the Department of Ecology field test the techniques outlined in this report prior to disseminating response protocols. Little published information was available as reference material for these techniques. Instead, they represent a compilation of common industry field practice, technical evaluation by chemists, and common (or as some put it, “uncommon”) sense. Putting these techniques to the test will afford an opportunity to monitor the results and insure their safety and viability under field conditions. Testing should be conducted using ammonia and 5-gallon propane tanks under realistic field conditions. Several ammonia distributors and manufacturers in Eastern Washington have verbally offered assistance should the Department of Ecology wish to conduct field testing to verify field techniques. Testing should include: 1) puncturing empty 5-gallon propane bottles with weapons common to law enforcement officials 2) venting ammonia to the atmosphere and monitoring downwind concentrations at selected release rates 3) building an ammonia-rated release hose mechanism with a metering valve and check valve, designed to fit a wide variety of tank fittings including those being found on “Nazi method” tanks 4) use the ammonia-rated release mechanism to verify field techniques for confirming the presence of ammonia in the tank 5) use the ammonia-rated release mechanism to verify field techniques for venting ammonia into the air or water (sparging) Results should be documented and distributed to response officials. Results could be used to develop a verified decision logic chart for handling 5-gallon propane tanks filled with ammonia. This decision logic chart could include simple tables and graphs extracted from this report and developed subsequent to the field tests.

VOLUME 6 NUMBER 4 — OCTOBER 1996

References and field notes used in the preparation of this report are in the project file with CADRE at 19103 194th Ave NE, Woodinville, WA 98072.

REFERENCES: Phone or personal conversations between the author and the following individuals or organizations during the period of June 20-27, 1996: Allison, Dwayne; M.B. Sturgis and Co.; valve engineer Akada, Randy; NuLife Fertilizers; fertilizer distributor Blaine; Wolfkill Fertilizers; fertilizer distributor Borton, Jeff; Sherwood; valve manufacturer Bowman, Randy; U.S. Drug Enforcement Administration Washington, D.C.; investigator Connuff, Charlie; Environmental Coalition; small business hazmat recycler Currie, Steve; Kimberly Clark Paper Company; chemical engineer Dennis; McGregor Co. - Spokane; fertilizer distributor Dow Chemical; manufacturers of “glass plus” window cleaner Freeland, Tom; Manchester Tank; tank manufacturer Gentry, Steve; Worthington Cylinders; tank manufacturer Ginder, Dan; Cavagna; valve manufacturer Glanzer, Sam; Cowiche Growers; ammonia engineer Griffin, Clint; Unocal; ammonia manufacturer Guptill, Chuck; McGregor Co. - Spokane; fertilizer distributor - safety manger Heinitz, Eric; Dept. of Ecology; Ecology field responder Hildebrand, Doug; Puget Sound Water Quality Authority; water quality manager Ingham, Terry; Double Kold; ammonia distributor Isenberg, Chris; Kimberly Clark Paper Company; chemical engineer Issen, Marshal; Underwriters Laboratory; compressed gas engineer Jackson, Dave; CADRE, Inc.; competition shooter w/small arms Johnson, Carl; Compressed Gas Association; compressed gas engineer Johnson, Gary; Cominco; fertilizer manufacturer Layman, Mark; Dept. of Ecology; Ecology field responder Lewis, Mike; U.S. Drug Enforcement Administration Washington D.C.; investigator Lind, Tom; Pierce County Clandestine Drug Lab Team; law enforcement McKennie, Scott; NW Fertilizer Association; chair and fertilizer distributor Meyers, Gary; Fertilizer Institute - Washington D.C.; chair Mezer, Pam; Manchester Tank; tank manufacturer Murata, Perry; Ammonia Safety and Training Institute; ammonia engineer Neumann, John; Ceodeux; valve manufacturer Oberlander, Jim; Dept. of Ecology; Ecology field responder

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Price,Jim; Wolfkill Fertilizers; fertilizer distributor Ron; All World Chemical; chemist Schwartz, Bob; Puget Sound Water Quality Authority; water quality manager Stainbrook, David; REGO (ECII); valve manufacturer Suburban Propane - Seattle; sales department; propane fittings distributor Thatcher, Dick; Thatcher and Associates; compressed gas consultant Treen, Kent; Byrne Specialty Gases; compressed gas and fittings distributor Turkington, Rob; HazTech Inc.; chemist Vaughn, Larry; Puget Sound Air Quality Authority; air quality manager Voth, John; Unocal; ammonia chemist Watts, Steve: McGregor Co. - Spokane; fertilizer distributor

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REFERENCE MATERIALS: Chemistry of Hazardous Materials: Meyer Computer Aided Management of Emergency Operations, CAMEO: NOAA EnviroTips, Ammonia: Environment Canada Flammable Hazardous Materials: Meidel Gas Data Book: Matheson Hawleys Condensed Chemical Dictionary: Sax NIOSH Pocket Guide: U.S. Govt. Product Literature and Product: Cavagna Product Literature and Product: ECII Product Literature and Product: Manchester Tank Product Literature: Marshall Brass Product Literature and Product: Sherwood Product Literature and Product: Worthington Specialty Gases and Equipment Catalog: Byrne Specialty Gas

 1996 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 6 NUMBER 4 — OCTOBER 1996

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

VOLUME 6 NUMBER 4 — OCTOBER 1996

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

VOLUME 6 NUMBER 4 — OCTOBER 1996

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 1996 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

VOLUME 6 NUMBER 4 — OCTOBER 1996

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 7 NUMBER 2 — APRIL 1997

IN THIS ISSUE ... CLIC Web Page On-line! ..................................................................... 2 Joint CAT, NWAFS, SWAFS, and SAT Meeting Planned ................. 2 Using Ventilation Blowers In Confined Spaces ................................... 3 Dennis Von Ruden Confined Spaces As Training Grounds ................................................ 4 Linda f. Johnson Lab Seizures ......................................................................................... 6 Methamphetamine Byproduct From Birch Reduction Tentatively Identified ..................................................................... 7 California Senate Bill To Place Excise Tax On Precursor Chemicals............................................................... 11 Perspectives On “Nazi Dope” And The Mythical “Nazi Patent” ....... 13 Terry A. DalCason, M.S. Field Tested Methods To Render Safe 5-Gallon Pressurized Tanks Of Ammonia Gas Associated With Clandestine Drug Labs ................................................................. 14 Dave Kummerlowe, CET, CHMM Identification Of The Major Product From The Ritter Reaction Using Safrole ............................................... 22 Richard R. Laing, M.S. and Brian Dawson, Ph.D.  1997 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner. For more information concerning the Journal, contact the Editor.

Association Officers President: Tim McKibben Aurora Police Crime Laboratory 15001 E. Alameda Aurora, CO 80012 (303) 739-6229 Vice-President: Terry A. Dal Cason DEA North Central Laboratory 536 S. Clark Street Room 800 Chicago, IL 60605-1525 (312) 353-3640 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (314) 651-2221 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Past-President: Norman Kemper Arkansas State Crime Lab PO Box 5274 Little Rock, AR 72215-5274 (501) 227-5747 Executive Board Members: Nick Dawson Arkansas State Crime Lab PO Box 5274 Little Rock, AR 72215-5274 (501) 227-5747 Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CLIC WEB PAGE ON-LINE! The new CLIC web page is now on-line. Designed and maintained by CLIC Editorial Secretary Roger A. Ely, the page can be found at URL: http://www.crl.com/~rogely/index.htm The page is best viewed with either Netscape 2.0 or greater, or with Microsoft’s Internet Explorer. The page contains information about the CLIC Board of Directors, including email links to Directors with email accounts; Journal information, including author guidelines; membership information; information on the upcoming technical seminar in San Diego; abstracts from all of the CLIC technical seminars; a listing and price guide for CLIC’s technical reference books and guides; and a listing of the locations of future CLIC seminars through the year 2000. One feature that is being tested is the posting of information that needs to get out to the membership quickly, such as the report on the Birch reduction byproduct. This area would include technical information, including spectra, that can be printed from the user’s own computer. Comments are appreciated and ideas for other types of material that can be included in the page are welcome. Contact Roger with your ideas. If you have an Internet email account, or have changed your account recently, please email Roger with your correction. By having your email address, you will automatically be notified of any changes to the Web page.

JOINT CAT, NWAFS, SWAFS, AND SAT MEETING PLANNED The Las Vegas Metropolitan Police Department Forensic Laboratory and Associated Pathologists Laboratories will be co-hosting a joint meeting of the California Association of Toxicologists (CAT), the Northwest Association of Forensic Scientists (NWAFS), the Southwestern Association of Forensic Scientists (SWAFS), and the Southwestern Association of Toxicologists (SAT) during the week of November 3–7, 1997 at the Monte Carlo Resort and Hotel in Las Vegas, Nevada. Rooms are available for attendees at a special rate of $64 pe night plus tax. For reservations, contact: Monte Carlo Resort and Hotel Reservations Department (800) 311-8999 (702) 730-7777 Reservation code: XCAT For information regarding the meeting, contact: Ray Kelly, Ph.D. Associated Pathologist Laboratories (702) 733-7866 ext. 406 email: [email protected] or Randy Stone LVMPD Forensic Lab (702) 229-3941 email: [email protected]

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes ............................. OSP Forensic Laboratory - Portland, OR ................................................ (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab - Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................Aurora PD Crime Lab - Aurora, CO ....................................................... (303) 739-6229 O. Carl Anderson ....................Kansas Bureau of Investigation Lab - Great Bend, KS .......................... (316) 792-4353 Jason Freed ..............................National Medical Services - Willow Grove, PA ..................................... (215) 657-4900 Jerry Massetti ..........................CA DOJ Crime Lab – Fresno, CA ........................................................... (209) 278-7732 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452 Rodney Norris .........................ESR Forensics - Aukland, NZ ................................................................. 649-815-3670 Peter Vallely ............................ J. Tonge Centre for Forensic Science - Brisbane, Australia ................... 617-274-9031

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 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 2 — APRIL 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

USING VENTILATION BLOWERS IN CONFINED SPACES DENNIS VON RUDEN Occupational Health and Safety February 1997, pp. 40-41

BLOWERS CAN MINIMIZE THE DANGERS WHILE BOOSTING PRODUCTIVITY 25 PERCENT OR MORE Sixty to 100 people die each year because of improper ventilation in confined spaces. At least 6,000 more workers are injured, according to “The OSHA Warning,” a construction safety newsletter. The sad truth is if individuals would only follow the proper procedures and adhere to OSHA regulations when making confined space entries, this number could be drastically reduced. According to 29 CFR 1910.146, three criteria determine a confined space. First, the space is large enough and configured so that a person can bodily enter and perform assigned work. Second, the space has limited or restricted means for entry or exit. And finally, the space is not designed for continuous occupancy by work personnel. Ventilation blowers are an integral part of a proper confined space entry. Too often, workers believe that by using a gas monitor they can eliminate the need for a ventilation blower. The problem is, by the time the monitor goes off, there is already problem. Monitors provide valuable information but do nothing to prevent the atmospheric conditions from deteriorating. Blowers, on the other hand, provide fresh air on a continuous basis, maintain the atmosphere at acceptable oxygen levels, and provide an avenue for the evacuation of contaminated air. We recommend that, whenever possible, blowers should run continuously. Obviously, workers will not enter a confined space until the oxygen level is within acceptable limits. With continuous ventilation, the oxygen level and atmospheric conditions will be maintained at safe levels with only minor fluctuations. In addition to minimizing the danger of an emergency, blowers offer increased productivity. If air recirculates frequently, temperatures are lowered and then stabilized and employees are more comfortable. It is easier to breathe, so workers take fewer work breaks and work faster. A job may be completed as much as 25% faster, and the higher productivity has a direct effect on bottom-line costs. It is necessary to remember that other processes, such as welding, may affect the atmospheric conditions and in turn require extra blowers.

HOW BLOWERS WORK Blowers draw in air from one area, compress it, and direct it into a confined space under a resulting static pressure and cubic feet per minute (CFM) delivery rate. Blowers operate in one of

VOLUME 7 NUMBER 2 — APRIL 1997

two ways: by forced ventilation or by suction draft. The more popular method is to provide fresh air to the confined space (forced ventilation). In doing so, the atmosphere is diluted and the contaminated air is forced out. Duct position is critical. Directing the output toward a wall provides for more even air distribution and develops a good circulation pattern. Properly circulating the air minimizes the potential for hazardous gases to locate in corners. When air is drawn out of a confined space, the area lacks circulation, severely limiting the effectiveness of removing contaminated atmospheres from the corners. In addition, air removed from a confined space must be replaced. The contaminated air that is removed will generally be replaced by the air right around the opening of the space. Because no circulation pattern exists, what often occurs is the blower will remove that air again, rather than drawing the contaminated air from the corners. Before selecting a blower, answer these questions: 1. Is the space hazardous or non-hazardous? If the space contains hazardous atmospheres as defined by the National Electrical Code or offers the potential for explosion, equipment designed for hazardous locations must be used. Basically, the differences between hazardous and non-hazardous equipment are spark-proof construction and the ability to dissipate static electricity properly. Hazardous location equipment is designed to control the potential for a random spark igniting an explosion. Unless clearly marked, no blower is designed to operate in a combustible area or to transport hazardous gases. 2. What is the size and configuration of the space? A large space naturally requires a larger blower. And if a space contains several obstructions, airflow will be restricted, requiring greater blower capacities. 3. How much duct is needed? The configuration of the confined space will often dictate the required length of duct. Duct length also affects the performance of the blower. The minimum safe duct diameter is 8 inches and maximum recommended duct length is 25 feet. If the space requires the use of a longer duct, use a higher horsepower blower with a large diameter duct. Most confined spaces require a minimum of two bends in the duct to maximize circulation, yet every bend decreases airflow. Purchasers should check whether certified airflow delivery rates are given for two 90-degree bends. In addition, tears in the duct or an accumulation of dirt will reduce performance.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 4.

What kind of power source is required? A confined space often has only one option for power. Blowers are available with gasoline, pneumatic, or AC and DC electrical power options. 5. What is the available budget? Money is a factor in any purchasing decision. Generally speaking, less expensive blowers offer lower performance because of smaller size, and less available horsepower. When these questions have been answered, and needs have been assessed, operators can make an informed purchase. There are essentially three main differences in blowers price, power source, and CFM delivery.

UNDERSTANDING CFM In the most basic terms, CFM delivery is a measurement of the amount of air being pushed into the area. It provides insight into the capacity of the blower. Published delivery rates should be certified by independent laboratories according to established test procedures. Don’t be afraid to get copies of the test reports for insurance purposes. It is not uncommon for insurance companies or contractors to be interested in seeing the test reports. If a manufacturer has nothing to hide, it will be more than willing to share the reports.

Common sense and simple math indicate that a larger confined space area requires a higher CFM delivery rate. While 1910.146 does not specify how many times the air must be recirculated per hour, many states have regulations addressing this concern. For example, Minnesota’s state OSHA regulations require that air be exchanged a minimum of six times per hour. If a blower’s capacity is 1,000 CFM, simple math says it delivers 60,000 CFM per hour. If a confined space is 10,000 cubic feet in size. the blower should be sufficient to exchange the air six times per hour. However, this assumes the blower is running at 100% efficiency. Workers must be aware of factors that will affect the blower’s performance. Operators are often unsure of the size or number of blowers to purchase, and in states with no OSHA department regulations there is little guidance. I hesitate to suggest a number of times air should be exchanged; each situation must be evaluated individually. If supervisors would not be comfortable going into a confined space with the ventilation they have in place, they should not expect workers to make an entry. Common sense is the best gauge. The overall increase in awareness of occupational safety has been dramatic in the last decade, but there is still room for improvement. People are still dying in confined space accidents.

CONFINED SPACES AS TRAINING GROUNDS LINDA F. JOHNSON Occupational Health and Safety February 1997, pp. 42-44

DANGEROUS CIRCUMSTANCES AND THE POSSIBILITY OF INJURY DURING PRACTICE ARE JUST TWO OF THE FACTORS THAT COMPLICATE THIS TRAINING

Pits, silos, tanks, boilers, vats, wet wells, pipe chases, lift stations, vaults confined spaces are everywhere and have been around for centuries. What makes them so dangerous now? Partly it is recognition, partly the work we do. Our work processes have changed over the years and improved in many ways, such as the use of hot processes inside confined spaces. Ventilation has been given a back seat, with smaller access hutches and manholes replacing full- sized doors to the confined space. What does this mean when you go about training your workers in confined spaces? During a simulated pipe rescue drill a few years ago, the “victim” began yelling for help in earnest, making the simulation far more real than anticipated. A few muffled shouts suddenly became, “I’m not joking! Get me

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outta here!” In the damp, dark concrete pipe used for this drill of a volunteer fire department’s members, the victim had disturbed the home of several black widow spiders. Within minutes, he was bitten several times. To make matters worse, he began wiggling around wildly in panic and became tangled in his lifeline, trussing himself up like a chicken and requiring assistance because of the obstacle-course layout of the pipe with turns. This simple drill resulted in three firemen being bitten by spiders, one serious injury, cuts, abrasions, and a lot of stress. The poor outcome of other simulations and training exercises have caused extensive injuries that could have been avoided. Few people outside the safety arena think of the potential for serious injury during confined space training, yet the danger is very real. Heat stress, insects, poisonous creatures such as spiders, snakes, and scorpions, infectious diseases from contamination, faIls, sprains, fractures, and asphyxiation are all very real dangers, even during training exercises. Employees often think

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 2 — APRIL 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION of training, especially hands-on training, as a recreational opportunity. The horseplay abounds. New employees are often overzealous in this situation and take unnecessary risks to show off their knowledge and skill. Other employees have the mercenary zeal, using “Rambo” tactics that may be unnecessary or increase the danger as they show off. Controlling workers’ actions and mistakes can be a real problem during training, and it should not be left to the most timid guy on the safety team. It takes seasoned savvy and a cool head to control confined space hands-on training.

WHEN EQUIPMENT TRAINING GOES WRONG Any seasoned trainer can tell you that Murphy’s law applies: Everything that can go wrong, will. The trick is to have both the equipment necessary (in good working order) and skilled employees (with the right attitude) in the same place to get the task done. Good working order is harder than it sounds, because equipment can fail for so many reasons. Dead or wrong (not intrinsically safe) batteries in monitors, air tanks unfilled or unavailable, missing pieces filched for some other job, tangled cords or hoses, warped / strained / damaged elements — all of these are costly consumers of time. One of the largest problems may be simple, the proper storage and maintenance of all needed equipment for confined space rescue. Equipment must be inspected, cleaned, repaired, and stored consistently for emergency use. Fire departments have learned this lesson, and their members spend a great part of their time this way. Unfortunately, not all companies train or allocate the time and resources for these activities. When the emergency arrives, equipment may not be suitable or safe for use. Another critical issue is equipment differences, for example, retrieval systems using a winch. There are several brands and models on the market, and each is different. An emergency is no time to read the instructions or “learn by doing,” for a co-worker’s life may be ticking away as the minutes pass. Employees must be comfortable and knowledgeable about all of the equipment, not merely “exposed” to it during annual training. Part of the training setup will be determined what types of confined space emergencies could be faced by your workers. Many employers are quick to say their employees are “never” exposed to confined spaces, but closer observation disproves that: Tools dropped into vaults, pits, even trenches on a regular basis. Employees who are untrained or poorly trained still assume they can hold their breath just long enough ... to retrieve a tool or personal item such as a pair of gloves or a pack of chewing tobacco that fell. Or just long enough to attach a lifeline to a downed co-worker. Or just long enough to shut off a valve or evaluate the problem. We tend to feel we are indestructible. A confined, space accident is not the place to learn this is false.

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TRAINING REQUIREMENTS At a minimum, both classroom and hands-on training should include: 1. Types / locations / hazards of confined spaces the workers may encounter. This unique list is subject to change as the operation changes, additions are made, etc. Many confined spaces are “once in a while” places, some visited only once a year. It is all too easy to apply a cookie-cutter approach to all confined spaces on site, which is fine only if the worst-case scenario is always assumed. Anything less risks lives. 2. Medically trained personnel. If things go wrong, are trained medical personnel available and ready to assist? How far away is the closest facility for critical care? 3. Dangers of confined spaces, especially the unseen dangers such as explosive atmospheres, toxic material exposures, poor air quality. This list is unique to the space(s) and also subject to change. Train your employees on all potential hazards, no matter how remote. 4. Related requirements. Don’t forget to refer to and make refresher material available about related training standards. Employees often do not associate or build on different requirements, seeing each training class as standing alone. Help them understand the relationships among bloodborne pathogens, HazCom, lockout / tagout, respiratory protection, and monitoring equipment use, to mention only a few. 5. Manpower assessment. Include regular employees, contract workers, temporary workers, and any subcontracted agencies, such as local fire / rescue. 6. Equipment. Cover all equipment, including atmospheric monitoring what is available, where it is, and how it is stored. Include hands-on use, how to assemble it, problems (such as extremely adverse weather conditions), proper use, and breakdown and repacking of all pieces. 7. General surroundings and scene preparation. How to access various spaces, additional ventilation options, control of other hazards such as flowing water, everything from hard hats, tools, mud, or equipment falling into the space may make matters worse. Control of onlookers may be necessary for their protection as well as the victims’. 8. Entry preparation. Authority is important here. Who has the authority to allow other workers to be exposed and ensures these people are adequately prepared? Who, for health reasons or for other reasons, should serve only as standby personnel? Create these personnel lists long before they’re needed. 9. Special safety considerations. If the confined spaces may have special safety considerations, such as occasional toxic material exposure (some sewage plants, for example, are notified when non-routine blends of product waste are released into the waste-water system), this can cause additional problems.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 10. Closure of a drill or rescue. Make sure there is a definite closure of a drill, training, or rescue. Account for all personnel and equipment. Some exercises simply fizzle out, leaving one or two employees to clean up and repack. 11. Final paperwork. Don’t forget the critique of a drill or actual rescue. This is a valuable tool for equipment and manpower assessment as well as indicating areas of additional training needs. Both oral and written formats are necessary. These also provide a record in case of any litigation down the road, a vital protection for the company.

RECOGNIZING THE DIFFERENCES Is confined space training just like other training? Yes and no. The classroom portion is very much like other training, but the hands-on training provided to employees sets the standard for rescuing a downed co-worker. What sets it apart from many other required training topics is the sense of urgency, dangerous circumstances, the possibility of injury during practice, and the unpredictability of both co-workers’ actions and the equipment. With this training, what must be imparted is the ability to make the right decision with unknown variables in little time.

LAB SEIZURES COLORADO REMAINS HOT-BED OF LAB ACTIVITY Aurora PD, Denver PD, and DEA processed a multiple-drug laboratory which was discovered because the cook overdosed on ketamine. The lab was located in a residential area and was poised to manufacture many different drugs including cocaine, P2P, amphetamine, methamphetamine, MDA, MDMA, 3,4,5-TMA, mescaline, and tetrahydrocannabinol isomers. Here’s a partial list of the equipment and chemicals that were seized at the site: Chemicals Tropinone, dimethyl carbonate, sodium methoxide, benzoic anhydride, mercuric chloride, benzaldehyde, benzene, allyl chloride, ferric chloride, aluminum chloride, hydrogen gas, piperonyl, olivetol, verbenol, boron trifluoride diethyl etherate, 3,4,5-trimethoxybenzyl alcohol, harmaline, lithium aluminum hydride, methylamine gas, ammonia gas, nitrogen gas, hydrobromic acid, hydrochloric acid, iron powder, nitroethane, nitromethane, formamide, methylformamide, methyllithium, iodine, pseudoephedrine, acetonitrile, butylamine, carveol, palladium chloride, methyltryptamine, 5-methoxy-N,Ndimethyltryptamine, menthane-3,8-diol, menth-6-ene-2,8-diol, Raney nickel, tetrahydrofuran, sulfuric acid, nitric acid, toluene, and other assorted chemicals. Equipment Three vacuum pumps, stainless steel cannulas, four twostage regulators, many assorted flasks, one large hot plate, a pressure cooker, tubing, and assorted glass bottles used for reactions. The lab site reeked of phenylacetic acid and many of the chemicals were mixed with food items! The following day we noticed a new package had been delivered to the address and was sitting outside on the front porch.

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The familiar Aldrich box was examined and found to contain a 100 ml bottle of bromine; how convenient since we had consent to reenter the lab site to dispose of some radioactive thorium nitrate. Another interesting chemical found at the scene was labeled “Ocotea Cymbarum.” A subsequent Internet search indicated that this was the scientific name for Brazilian sassafras. Apparently Lancewood and Sweetwood trees are sources of Brazilian oil of sassafras. An importer in Birmingham, Alabama sells this oil as a source of safrole (93% safrole) in the following quantities: 250 gm/$50.00; 500 gm/$90.00; and 1 Kg/$150.00. A second bottle labeled “essential oil sassafras” was also found at the scene. The use of these essential oils should always be considered as a source of precursors, especially when dealing with ring-substituted target compounds. The front range area continues to receive many inquires about chemicals used to make methamphetamine and methcathinone. Recently the “chicken feed” method has again become popular with inquires and recipes being made. Although there has been a lot of interest in chromates and dichromates, little if any methcathinone has been reported in street samples. One recent request did indicate a different reduction method may be attempted in the future. This method is known as the Huang-Minlon modification of the Wolf-Kishner reaction. The Wolf-Kishner reaction is used to reduce a carbonyl to the methylene and originally used hydrazine under strong base conditions such as sodium hydroxide. The chemicals that were inquired about were hydrazine and diethylene glycol (otherwise known as the HuangMinlon modification). If anyone also discovers inquiries for Wolf-Kishner chemicals please convey this information to me or the journal. Tim McKibben Aurora PD Crime Lab – Aurora, CO

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 2 — APRIL 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 15-YEAR OLD INJURED IN LAB FIRE On March 17, the Little Rock fire department responded to a fire in a residential area that resulted in the discovery of a clandestine drug lab. While putting the fire out, firemen recovered several containers of toluene and denatured alcohol which was suspected to be the cause of the fire. Crime lab personnel also recovered from among the burned debris several grams of red phosphorus that was located inside a VisionWare cassarole dish. Police also searched a house that was adjacent to the shed that burned down and found additional evidence that a drug lab had been in operation. Several HCl generators, used coffee filters containing residue, and empty pseudoephedrine packages were among the items found in the trash piles located on the premises. A 15-year-old boy who was in the shed when the lab caught fire was rushed to Arkansas Children’s Hospital with burns over 75% of his body. Another suspect who is believed to be the cook left the scene of the fire before the police arrived.

BOOBY TRAP SAFETY ALERT In March of this year, the Drug Enforcement Administration and the State Crime Lab assisted local county sheriff officials in

the search and seizure of a clandestine methamphetamine lab in Damascus, AR. While searching the lab site, a booby trap was discovered stored with the equipment used to manufacture methamphetamine. The device consisted of one-half of a metal juice can in which a heater coil had been mounted with insulated wires attached that could be connected to an electric circuit. The metal can had been placed on top of a quart jar filled ¾ full with diethyl ether so the ether vapors would collect inside the can and ignite when the heater coil was turned on. The type of lab involved in this incident was the dissolving metal Birch reduction, known as the “Nazi” method, methamphetamine lab that used ether as a primary extraction solvent. Suspected booby traps and homemade bomb material have been found at several other “Nazi” lab sites by law enforcement personnel. Extreme caution should be used when searching for evidence at a clandestine lab site where ether is used since the potential for a fire or explosion from booby traps is great. Norman Kemper Arkansas State Crime Lab – Little Rock

METHAMPHETAMINE BYPRODUCT FROM BIRCH REDUCTION TENTATIVELY IDENTIFIED Ever since the first lithium-ammonia reduction lab was seized in Vacaville, California in 1988, it has been predicted that a “Birch-reduction” type impurity may be found in this type of methamphetamine. Variations in the manufacturing process are likely responsible for the formation of that predicted impurity and until recently, no Birch reduction impurities had been reported or identified in illicit methamphetamine samples. A Birch reduction involves the partial reduction of an aromatic ring using an alkali metal, anhydrous ammonia, in the presence of an alcohol. Recently, a methamphetamine sample known to be produced using the lithium-ammonia reduction method (aka Nazi method) was found to contain as its major component a chemical which appears very similar to methamphetamine. The retention time was only slightly longer than methamphetamine and the electron impact (EI) mass spectrum shared many of the same fragmentation characteristics. The mass spectrum did contain a m/z 150 which obviously supported the predicted impurity but it also contained fragmentation that suggested possible aromatic functionality (the m/z 77, and m/z 91 fragments). If this functionality was actually present (and not due to the fragmentation characteristics under these EI conditions) then the predicted impurity’s structure would not be supported by the analytical data so far. As is usually

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the case, relying solely on the EI mass spectral data for phenethylamines and other aliphatic amines can be misleading. IR spectroscopy clearly indicates the replacement of the aromatic ring characteristics with that of an olefinic compound. Notice the disappearance of the strong aromatic C-H ring stretches (750 and 701 cm-1) with that of the strong olefinic C-H bending (961 and 664 cm-1). This data along with additional spectral techniques and chiral derivatization has led to the tentative identification of this impurity as the predicted Birch reduction compound: CH 3 HN CH 3 (S)-N-methyl-1-(1-(1,4-cyclohexadienyl))-2-propanamine

It should be noted that this identification is tentative until the impurity’s spectral and physical characteristics can be compared to an authentic standard.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CH3 HN CH3 (S)-N-methyl-1-(1-(1,4-cyclohexadienyl))-2-propanamine HCl In KBr

Vapor phase IR by GC/IRD

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 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

methamphetamine amphetamine HP-1, 12M x 0.20 mm x 0.33 µm 70°C / 2 min 15°C / min ramp 280°C / 3 min run as the base

N-methyl-1-(1-(1,4-cyclohexadienyl)-2-propanamine

methamphetamine

70°C / 2 min 15°C / min ramp 280°C / 3 min run as the base

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CH 3 HN CH 3 (S)-N-methyl-1-(1-(1,4-cyclohexadienyl))-2-propanamine

standard methamphetamine

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 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CALIFORNIA SENATE BILL TO PLACE EXCISE TAX ON PRECURSOR CHEMICALS ROGER A. ELY Editorial Secretary I recently received the following letter from California Senator Tom Hayden of Los Angeles legislative director regarding new California State Legislation being considered during this legislative term. The bill, in its entirety, is presented after the letter. “Dear Mr. Ely, “In my research on clandestine methamphetamine labs, I came across your 1990 article in the Journal of Forensic Sciences entitled “Lithium-Ammonia Reduction of Ephedrine to Methamphetamine,” and thought you might be interested in the attached legislation Senator Tom Hayden is authoring this year. “In January, Senator Hayden introduced SB 560 with the intention of diverting money from underground methamphetamine producers to community based drug treatment and violence prevention programs. We drafted the bill in response to the spreading methamphetamine epidemic and the ever-increasing need for funding for drug treatment programs statewide. Clearly law enforcement activities targeting meth producers are of the utmost importance; this proposal is merely attempting to provide more drug treatment funds as well as make meth production less commercially viable. “Specifically, the legislation establishes an excise tax on the purchase of precursor chemicals (Health and Safety Code Sec. 11100) used to make methamphetamine by non-licensed and illegitimate purchasers and earmarks the excise tax revenue for distribution to non-profit health clinics and community based organizations working to treat drug addicts and prevent drug-related violence. “The excise tax would be limited to retail sales transactions using cash and sales to purchasers without the proper license or waiver. Legitimate purchasers such as chemical companies would be exempt from the tax, as they either have appropriate Precursor Business License or waiver through the Department of Justice. “I realize you have extensive experience with clandestine methamphetamine manufacture and Senator Hayden and I would welcome any comments or suggestions you might have concerning this legislation. “Sincerely, “/s/ Stephanie Rubin

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“Legislative Director”

SENATE BILL NO. 560 Introduced by Senator Hayden February 24, 1997 An act to add Part 14.5 (commencing with Section 33001) to Division 2 of the Revenue and Taxation Code, relating to taxation, and making an appropriation therefor, to take effect immediately, tax levy.

LEGISLATIVE COUNSEL’S DIGEST SB 560, as introduced, Hayden. Precursor drugs surtax. The Sales and Use Tax Law imposes a sales and use tax on the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, tangible personal property based on a specified percentage of the gross receipts from the sale of, or the sales price of, that property. This bill, in addition, would, for the privilege of selling precursor drugs at retail, impose a tax upon retailers at the rate of 25% of the gross receipts of any retailer from the sale of precursor drugs, as defined, sold at retail in this state on or after January 1, 1998. It would also impose a comparable excise tax on the storage, use, or other consumption in this state of precursor drugs for which the tax was not paid by a retailer, as provided. The tax would be collected, administered, and enforced in the same manner as the tax imposed under the Sales and Use Tax Law. This bill would require that revenues collected pursuant to this new tax be deposited in the California Methamphetamine Reduction and Rehabilitation Fund, which the bill would create. The moneys in the fund could be allocated, upon appropriation by the Legislature, only for specified purposes, including the funding of a grant program administered by the State Department of Alcohol and Drug Programs to provide specified entities with funds for drug treatment and drug-related violence prevention and education programs. This bill would result in a change in state taxes for the purpose of increasing state revenues within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State - mandated local program: no.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION The people of the State of California do enact as follows: SECTION 1. Part 14.5 (commencing with Section 33001) is added to Division 2 of the Revenue and Taxation Code, to read:

drugs that were purchased from a retailer that paid the tax imposed by Section 33011. 33013. The tax under this part shall be imposed only with respect to reportable cash sales and sales to those who do not have precursor drug business permits or waivers.

PART 14.5. PRECURSOR DRUG SURTAX CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS 33001. It is the intent of the Legislature to aid in the reduction of illicit methamphetamine production and to provide funding for drug rehabilitation programs. The Legislature finds that the use of illegal methamphetamine is a significant public safety and public health problem for the state, costing millions of dollars annually for law enforcement, incarceration, toxic cleanup, emergency medical services, and social services costs. Data show that methamphetamine-related emergency room admissions and deaths have increased significantly; emergency room admissions have increased 90 percent and methamphetaminerelated deaths have increased 144 percent. In California, as many as 37 percent of all arrestees, regardless of what they had been arrested for, test positive for methamphetamine. The federal Drug Enforcement Agency has designated California as the source of much of the nation’s methamphetamine. State and federal law require that the manufacturers and sellers of the chemicals used for making methamphetamine register and report all cash sales of precursor chemicals. The state Department of Justice maintains the Precursor Compliance Program to track purchases of chemicals. 33002. This part shall be known and may be cited as the “Precursor Drug Surtax Law.” 33003. Except where the context otherwise requires, the definitions set forth in Part 1 (commencing with Section 6001) govern the construction of this part. 33004. For purposes of this part, “precursor drug” means precursor chemicals described in the Health and Safety Code as chemicals that are required to be registered and the sales of which are required to be reported to the Department of Justice. CHAPTER2. IMPOSITION OF TAX 33011. In addition to the tax imposed under Chapter 2 (commencing with Section 6051) of Part 1, for the privilege of selling precursor drugs at retail there is hereby imposed a tax upon all retailers at the rate of 25 percent of the gross receipts of any retailer from the sale of all precursor drugs sold at retail in this state on or after January 1, 1998. 33012. (a) In addition to the tax imposed under Chapter 3 (commencing with Section 6201) of Part 1, an excise tax is hereby imposed on the storage, use, or other consumption in this state of precursor drugs purchased from any retailer on or after January 1, 1998, for the storage, use, or other consumption in this state at the rate of 25 percent of the sales price of the property. (b) The tax provided for in this section shall not be imposed upon the storage, use, or other consumption of any precursor

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CHAPTER 3. COLLECTION AND ADMINISTRATION 33021. To the extent feasible or practicable, the provisions of Chapter 5 (commencing with Section 6451), Chapter 6 (commencing with Section 6701), Chapter 7 (commencing with Section 6901), and Chapter 8 (commencing with Section 7051) of Part 1 shall govern determinations, collections of tax, overpayments and refunds, and administration under this part. 33022. The board shall enforce the provisions of this part and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this part. The board may prescribe the extent to which any ruling and regulation shall be applied without retroactive effect. CHAPTER 4. DISPOSITION OF PROCEEDS 33031. All amounts required to be paid to the state under this part shall be paid to the board in the form of remittances payable to the State Board of Equalization. The board shall transmit the payments to the Treasurer to be deposited in the State Treasury to the credit of the California Methamphetamine Reduction and Rehabilitation Fund, which is hereby created. 33032. All moneys in the California Methamphetamine Reduction and Rehabilitation Fund shall be allocated, upon appropriation by the Legislature, only as follows: (a) To the State Board of Equalization for both of the following: (1) To pay for the board’s cost of implementation of this part. (2) To pay refunds under this part. (b) The balance to the Controller for allocation to the State Department of Alcohol and Drug Programs for allocation to community-based organizations and nonprofit health clinics working to treat drug addicts, prevent drug-related violence, and provide drug and violence prevention education. Moneys are to be used for programs targeting drug abusers and addicts who are parolees, probationers, incarcerated individuals, at-risk juveniles, women, children, and HIV-positive individuals. Each grantee, as part of their application for funding, shall identify how they plan to evaluate the effectiveness of their program and how they plan to show that drug abuse is being reduced. 33033. The State Department of Alcohol and Drug Programs shall report annually to the Legislature on the use and success of the grant program established under this chapter. SEC. 2. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

PERSPECTIVES ON “NAZI DOPE” AND THE MYTHICAL “NAZI PATENT” TERRY A. DAL CASON, SENIOR FORENSIC CHEMIST DEA North Central Laboratory 536 South Clark Street Room 800 Chicago, Illinois 60605-1526 The use of metallic lithium (Li) [or sodium (Na)] and anhydrous liquid ammonia (NH3) (b. p. -33 C; -28 F) to reduce ephedrine (or pseudoephedrine, PSE) to methamphetamine was first reported by Ely and McGrath in 1990 [1]. Subsequently, this method, and various modifications of it, have been encountered more and more frequently in clandestine laboratories. The methamphetamine HCl produced by the technique has become known as “Nazi dope.” The name “Nazi dope” purportedly arose from the “fact” that this process for converting ephedrine or PSE to methamphetamine HCl was detailed in a patent published during the period of the Third Reich between January 30, 1933 and May 7, 1945 [2]. German patents, at least during part of this period, had changed from using the “Imperial Eagle” imprint at the top of the document to using an eagle perched on a wreath which itself contained a swastika, the symbol of the Nazi party. Although this “patent” has been referred to in various documents and oral presentations, it most certainly does not exist. Tracking down the source of this “myth” has led to two possible explanations as to its origins, neither of which can be proved and both of which are based on the supposition of miscommunication and/or misinterpretation. The first of these possibilities involves one of the earliest groups of clandestine chemists to use this procedure. This group, located in Southwest Missouri, hid copies of this synthesis technique along with additional drug manufacturing procedures in “packets” at various locations away from their lab sites. In the event that the clandestine laboratory was discovered and seized by law enforcement personnel, photocopies of the technique could always be recovered. The top page for the synthesis “packets” was a photocopy of a drawing from the cover of a video cassette case of the Third Reich propaganda film, “Triumph des Willens” (ie. Triumph of the Will) [3]. This photocopy portrayed an eagle grasping a wreath which had at its center a swastika [4]. It is relatively easy to postulate how the seizure of these packets could present an opportunity to misinterpret a relationship between the most recognizable of Nazi symbols and the Li or Na/NH3 reduction procedure contained in the packets. From this point, it is easy to imagine a “word of mouth” genesis of the Nazi patent myth. A second possible source of this myth is the result of a Nazi era patent. The production of methamphetamine and methcathinone are closely related: the former is produced by reduction of ephedrine or PSE while the latter is the result of oxidation of the same precursors. In the above cited case, the “packets” contained information on the synthesis of both types

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of drug. Finding notes or procedures in clandestine labs which detail several methods for making the same drug, or for making a variety of drugs, is quite common. Thus a second possible explanation may be formulated. Reichspatent No. 639126 (November 28, 1936), is imprinted with the previously described eagle/wreath/swastika heading, and provides a technique for synthesizing racemic ephedrine and racemic methcathinone. The chemical names “Ephedrinen” and “Pseudoephedrine” are easily recognized among the German wording of the patent. Misinterpretation of the patent’s content, combined with a clandestine laboratory having chemicals appropriate to the Li or Na / NH3 method, might easily lead to the assumption that this process was described in the patent. It should be noted however, that this patent is not known to have been recovered from any clandestine laboratory. Communication with state and Federal forensic chemists who have referenced or reported on the procedure, state and federal law enforcement officers involved with seizures of “Nazi dope” labs and a clandestine chemist operating one of the early “Nazi dope” labs, failed to produce any evidence that this patent exists. A search of German patents in the field of sympathomimetics from 1939 to 1945 also failed to show any reference to this procedure [5]. Likewise a cross reference of British and U. S. Patents from this period did not uncover any evidence of this patent [5]. It seems certain that reference to such a patent, however intriguing, is in error. Regardless of the explanation of the origin of the Nazi patent myth [6], and the lack of an actual patent, the term “Nazi dope” seems to have become firmly entrenched in drug lexicon.

REFERENCES 1.

2. 3. 4. 5. 6.

Ely, R.A. and McGrath, D.C., “Lithium-Ammonia Reduction of Ephedrine to Methamphetamine: An Unusual Clandestine Synthesis,” Journal of Forensic Sciences, Vol. 35, No. 3, May 1990, pp. 720-723. Shirer, W.L., The Rise and Fall of the Third Reich, Simon and Schuster, New York, 1960, p. 5 and p. 1139. Shirer, W.L., The Nightmare Years: 1930-1940, Little, Brown and Co., Boston, 1984, p. 626. U.S. District Court, Springfield, Missouri Case No. 96-0301801/09, DEA File IT-95-0044. Personal communication with Dr. Leslie A. King, Oct., 1996. A previous myth related to clandestine drug manufacture was debunked in “An Investigation of the Extraction of Methamphetamine from Chicken Feed, and Other Myths”, by Roger A. Ely, Journal of the Forensic Science Society, Vol. 30, No. 6, 1990.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

FIELD TESTED METHODS TO RENDER SAFE 5-GALLON PRESSURIZED TANKS OF AMMONIA GAS ASSOCIATED WITH CLANDESTINE DRUG LABS DAVE KUMMERLOWE, CET, CHMM, PRESIDENT CADRE, Incorporated 19103 194th Avenue NE Woodinville, WA, 98072 Phone: (206) 883-8007 Fax: (206) 883-7950 Email: [email protected]

EXECUTIVE SUMMARY The Washington State Department of Ecology (Ecology) requires practical and efficient methods to render safe 5-gallon propane tanks associated with clandestine drug laboratories. In addition to propane, these tanks have been found to contain ammonia gas and acid mixtures for use in a methamphetamine recipe commonly referred to as the “Nazi method.” CADRE, Inc., was contracted by Ecology to investigate practical field methods for handling these tanks, conduct field-tests and prepare this report. It outlines the testing procedure, equipment, findings and conclusions of field-tested methods for removing ammonia from “Nazi” tanks. The following four methods were selected for field-testing: 1. air release, 2. sparging (bubbling into water), 3. remote opening device, and 4. shooting with a weapon common to law enforcement. Each of these methods proved to be an effective way of removing ammonia from the tanks. An experienced responder can reasonably expect to encounter a scenario in the field that makes one of these options the preferred choice. Each has pros and cons. As a response community, we require practical and available solutions. These tanks will not improve with age. Some individual will have to assess their condition and render them safe. CADRE recommends that a variety of tested options be made available for trained responders who are “in the trenches.” CADRE recognizes that one or more of the options listed in this report may not be addressed by existing administrative policy for your organization. This may preclude your responders from utilizing one or more of the field-tested methods that are discussed. Over 30 organizations were surveyed in a search for a field-tested, documented method for removing ammonia from these Nazi tanks. Strongly held opinions on the best method were encountered, but extremely little actual hands-on field experience in handling these tanks was discovered. If you are aware of a field-tested method that proves to be safer and more

PAGE 14

effective than those listed in this report, please contact Ecology or CADRE. Your information will be shared with those on our mailing list. In order to make these options readily available, they were kept simple and inexpensive. Hardware purchased for the air release, sparging and remote drilling options was obtained at a neighborhood hardware store at a cost of $20, $75 and $350 respectively. Weapons and ammunition selected for the shooting option were common to law enforcement. A description of 5-gallon propane tanks, valves, ammonia gas and their inherent hazards was included in a June 30, 1996 report prepared for Ecology entitled Initial Considerations for Handling 5-gallon Pressurized Tanks of Ammonia Gas Associated with Clandestine Drug Labs (JCLIC, Volume 6, Number 4, 1996, pp. 23-35). This initial report is available from Ecology and should be studied prior to attempting any of the following field methods. For copies of the initial report (or additional copies of this field-test report) contact: Ecology, SWRO - Spills Program Box 47775, Olympia, WA, 98504-7775 phone: (360) 407-6370, fax: (360) 407-6305

BACKGROUND ON THE TESTING PROCEDURES USED FOR ALL FOUR METHODS. On the day of testing, ammonia was loaded into new 5-gallon propane tanks at an ammonia distribution facility by experienced ammonia handlers using ammonia-rated hardware. During loading, the tanks were weighed on a 0-100 pound shipping scale to determine their contents. The air was monitored with colorimetric indicator tubes and full-face, air-purifying respirators with ammonia-rated cartridges were worn. Ammonia was vented to the atmosphere through the dip tube fitting on the tank valves. Propane was loaded into used (but still in service) 5-gallon propane tanks. A remote and secure testing area was located near Yakima, Washington. Permission to conduct the testing on October 7–8, 1996, was granted to Ecology by the landowner. Vegetation consisted primarily of knee-high grasses and shrubs that had

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 2 — APRIL 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION gone dormant (brown) for the winter. Ground zero for the testing consisted of a bare dirt road on relatively flat terrain in the immediate area. A large hill in the background provided an appropriate backstop for the ballistics testing. Standard hazardous waste site and firing range scene safety protocols were implemented. A command post consisting of a camper with a safety shower, generator and equipment trailer was set up. The testing area was delineated into hot, warm and cold zones. Investigators had self-contained breathing apparatus, air-purifying respirators, splash gear and a decontamination area available at all times. Staffing was commensurate with the level of hazard present. An emergency medical technician was present at all times. Telltales consisting of loggers tape on 6 foot poles were placed strategically around the site to indicate wind direction. Weather measurements were recorded using a thermometer, humidity meter and direct observation of cloud cover and wind speed. Air monitoring equipment included direct reading ammonia meters, colorimetric indicator tubes and a combustible gas/oxygen meter. Personnel on site included: David Kummerlowe, HazMat Chemist, CHMM, 15 years HazMat field experience, principal investigator David Jackson, Fire Dept. HazMat Captain, 22 years. emergency response experience, Certified HazMat On-Scene Commander, competition match shooter, Emergency Medical Technician Bruce Jackson, Chief Criminal Investigator with the Pierce County, WA, Prosecutor’s Office, 25 years law enforcement experience, law enforcement firearms trainer Additional staff: Eric Heinitz, Brett Manning, John Butler, Mark Layman and Jeff Lewis - Ecology Field Responders; John Voth, Unocal Corporation - Ammonia Chemist; Staff from Olympus Environmental - cleanup contractor; Mike Chambers, Ammonia Safety and Training Institute; Selah, WA, Fire Department. Funding for this project was provided by the Washington State Department of Ecology, Unocal Corporation, Olympus Environmental and the Environmental Protection Agency.

AIR RELEASE Procedure A 5-gallon propane tank [Fig. 1] with 22.5 lb. of ammonia was placed on a scale at ground level. The height of release was 2 feet. The valve was fully opened and ammonia was

Figure 1. 5-gallon propane tank

VOLUME 7 NUMBER 2 — APRIL 1997

allowed to escape into the atmosphere for 10 minutes. The weather conditions were clear, sunny, 70°F, with 0-6 mph of wind. Ammonia was monitored downwind at 10 and 20 yards from the source. Equipment 5-gallon propane tank containing 22.5 lb. of ammonia 0-100 lb. shipping scale Manning Systems, Inc., ammonia detector, E/CP ammonia, S/N 1366 d. Dräger colorimetric tubes, ammonia 5a and bellows pump e. stopwatch f. personal protective equipment a. b. c.

Findings The average concentration of ammonia detected in the breathing zone at 10 yards downwind was 55 parts per million (ppm). The highest observed reading at 10 yards downwind was 200 ppm. Investigators were able to “follow” a plume of ammonia gas that rose above their heads at the 10 yard distance markers. During periods of low wind, no ammonia was detected at 10 yards. No ammonia was detected at 20 yards downwind. The total release of ammonia was 1.5 lb. during the 10 minute period. During the first minute, 0.5 lb. of ammonia escaped the cylinder (0.5 lb./minute). After that the release rate could be heard to slow down considerably. The remaining 1.0 lb. of ammonia took 9 minutes to vent from the tank (0.11 lb./minute). The ammonia release rate slowed down due to auto refrigeration. As the ammonia was released from the tank, it cooled down the contents lowering the internal pressure thus decreasing the release rate even further. Additional testing showed that placing a relatively undamaged propane tank in a container of warm water will decrease the effects of auto refrigeration and speed up the air-release process. Conclusion Air release is a viable option. Atmospheric conditions will dictate whether this method is safe and practical. Conditions including rain, high humidity or fog should be avoided. In such cases, the ammonia will form aqua ammonia in the air and “rain” back down. This could create a corrosive mist that could be dangerous to responders and kill green vegetation. The reportable quantity for ammonia is 100 lb. A full 5-gallon propane tank will contain a maximum of about 28 pounds of ammonia. The Puget Sound Air Pollution Control Agency was contacted about this method and expressed minor concern about the environmental effect of emptying one of these cylinders, referring to it as a potential “nuisance complaint”. They recognized the potential benefit of providing a practical solution to a potentially dangerous situation. This method requires a responder to manually handle the tank and open a valve. If the tank valve is functional, this option can be slowed or stopped at any time. A minimum downwind hot

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION d.

Table 1. Estimated Quantity Of Ammonia In Tank liters =

gallons =

lb. water =

lb. ammonia =

lb. propane =

1.00

0.26

2.20

1.50

1.28

2.00

0.53

4.40

2.99

2.55

3.00

0.79

6.60

4.49

3.83

3.79

1.00

8.34

5.67

4.84

4.00

1.06

8.80

5.99

5.11

5.00

1.32

11.00

7.48

6.38

9.60

2.54

21.13

14.37

12.25

10.00

2.64

22.01

14.96

12.76

15.15

4.00

33.34

22.67

19.34

18.92

5.00

41.63

28.31

24.15

28.40

7.50

62.50

42.50

36.25

37.85

10.00

83.29

56.64

48.31

75.70

20.00

166.58

113.27

96.62

94.62

25.00

208.21

141.59

120.76

113.55

30.00

249.87

169.91

144.93

189.28

50.00

416.52

283.23

241.58

zone of 30 yards is recommended. Downwind monitoring using detector tubes should be conducted during the release process to insure that exposure of responders and the public is either avoided or minimized. Quantities of ammonia in tanks can be estimated using the conversions in Table 1 Example 1: a tank with 15 pounds of ammonia inside would contain 2.6 gallons of product. Example 2: 5 gallons of ammonia = 28.31 pounds of ammonia Example 3: 5 gallons of propane = 24.15 pounds of propane

e. f. g.

Manning Systems, Inc., ammonia detector, E/CP ammonia, S/N 1366 Dräger colorimetric tubes, ammonia 5a and bellows pump stopwatch personal protective equipment

Findings Being highly soluble, the ammonia was readily absorbed by the water. Initially, bubbles were observed at the surface of the water. These were associated with air in the hose and sparger device. When ammonia displaced this air and began flowing through the sparger device, no more bubbles were observed at the surface of the water throughout the test. Ammonia could be heard flowing into the sparger. The highest airborne readings for ammonia were within 1 foot of the surface of the water and never exceeded 100 ppm during the test. No ammonia was detected 10 yards downwind from the drum at eye level. When ammonia is mixed with water it is exothermic. During this test the water in the drum increased 16°F (70°F to 86°F). Placing the 5-gallon tank directly in the water had two primary effects. It allowed the tank to stay warm enough to continue to flow ammonia, despite the effect of auto refrigeration as ammonia was released. An unexpected effect provided a visual clue that the tank had expelled the last of its ammonia. When that point was reached, water was sucked back into the tank causing it to sink slightly in the water. If desired, this effect could be eliminated with the use of one-way ammonia-rated check valves in line with the sparger device.

SPARGING Procedure A 5-gallon propane tank with 18.5 lb. of ammonia was connected to a sparging device [Fig. 2] and sparged (bubbled) into a 55-gallon drum of water for 90 minutes. The sparging device consisted of stainless steel connectors, hose and a “bubbler” unit to “bubble” or sparge ammonia into water. The 5-gallon propane tank was floated on the surface of the water, having been placed directly in the drum. The weather conditions were clear, sunny, 70°F, with 0-6 mph of wind. Ammonia was monitored immediately above the surface of the water in the drum and 10 yards downwind. It took 90 minutes for all of the ammonia to escape the tank. Equipment a. 5-gallon propane tank containing 18.5 lb. of ammonia b. sparging device (a parts list is attached at end of this report) c. 55-gallon drum full of water

PAGE 16

55 gallon drum 5 gallon tank

sparging device Figure 2. Sparging test apparatus

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 2 — APRIL 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Conclusion Sparging is a viable option. This method requires a responder to manually handle the tank and open a valve. If the tank valve is functional, this option can be slowed or stopped at any time. A minimum downwind hot zone of 30 yards is recommended during the startup phase. Subsequent air monitoring may allow the hot zone to be reduced in size. Downwind monitoring using detector tubes should be conducted during the release process to insure that exposure of responders and the public is either avoided or minimized. Disposal of the waste water requires preplanning, but several options are available:

disposed of directly down a storm drain, into a septic system or into a body of water. Aqua ammonia (ammonia mixed in water) is highly toxic to aquatic life. c. Disposal as a hazardous substance through existing disposal companies. This option will add to the cost of the operation and may be unnecessary if options a) or b) are available. Table 2 provides guidance on the amount of ammonia that can be sparged into water. CADRE recommends that a maximum of 1 lb. of ammonia be added to every 10 lb. of water. This will minimize the corrosive threat of the final product, insure complete solubility and keep the final concentration at 9.1% (10% is a threshold for shipping purposes).

a.

Example 1: 5 pounds of ammonia would require 50 pounds (6 gallons) of water recommended quantities for sparging ammonia Example 2: 22 pounds of ammonia would require 220 pounds (26.4 gallons) of water.

b.

The agricultural community routinely applies ammonia to brown soil at rates from 20-200 lb. of ammonia per acre. Application to green plants may kill them however and the landowner must give permission. Testing may be required to insure that the tank contained only ammonia and no additional materials which may be damaging to the environment. Disposal through a sewage treatment facility. Waste water treatment engineers contacted reported that this technique may be acceptable but that it depends upon the volume of flow through their system, amount of product intended for release and the rate of release. Responders should contact their waste water authority for permission prior to putting it down a sanitary sewer. Waste product should never be

Table

2.

lb. Ammonia

Recommended Quantities Of Water For Sparging Ammonia lb.

Water

gallons Water

0.5

5

0.6

1

10

1.2

2

20

2.4

3

30

3.6

4

40

4.8

5

50

6

10

100

12

15

150

18

20

200

24

25

250

29.9

30

300

35.9

VOLUME 7 NUMBER 2 — APRIL 1997

REMOTE OPENING DEVICE Procedure A 5-gallon propane tank with 21.0 lb. of ammonia was remotely opened under water using a 1/8 inch drill bit [Fig. 3]. The ammonia was released into the water for a period of 60 minutes until the tank was empty. The weather conditions were clear, sunny, 70°F, with 0-6 mph of wind. Ammonia was monitored at the head space of the drum and downwind at 10 yards from the drum. a. b. c. d. e. f.

Equipment 5-gallon propane tank containing 22.5 lb. of ammonia remote opening device (a parts list is attached at end of this report) Manning Systems, Inc., ammonia detector, E/CP ammonia, S/N 1366 Dräger colorimetric tubes, ammonia 5a and bellows pump stopwatch personal protective equipment

Findings The remote device drilled a 1/8 inch hole in the top of the tank, which was 12 inches below the surface of the water. When the tank was punctured, it released ammonia which bubbled into the water for 60 minutes until the tank was emptied. The water level was 10 inches below the rim of the drum and none splashed out of the drum. The highest concentration of ammonia detected was 150 ppm at 1 foot directly above the surface of the water. No ammonia was detected at 10 yards downwind.

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

portable drill held in drill press 55 gallon drum drill press bolted or clamped to the side of the drum 1/2 inch pipe clamped or secured to the top of the 5 gallon tank

Figure 3

1/8 inch drill bit in a 12 inch extension

5 gallon propane tank under water

Remote opening device

Conclusion Remotely operated drilling devices are a viable option. They require the responder to handle the tank and some specialized hardware. In this test, we did it under water and “sparged” the ammonia. Responders could also release the ammonia to air if the atmospheric conditions allow it. Conditions including rain, high humidity or fog should be avoided. In such cases the ammonia will form aqua ammonia in the air and “rain” back down. This could create a corrosive mist that could be dangerous to responders and kill green vegetation. Additional Findings and Conclusions We also drilled a 1 pound propane bottle using this equipment. It vented to atmosphere with no ignition of the propane.

Procedure Five-gallon and 1-pound propane tanks were shot using 11 different weapons and 20 different loads including rifles, shotguns and handguns. Empty tanks, tanks containing propane and tanks containing ammonia were targeted. The results were tabulated. Standard rifle range safety protocols were established and the local Fire Department stood by when propane tanks were targeted in the event of ignition. All shooting was done either upwind or crosswind of the tanks using standard hazmat safety protocols. a.

b. c.

SHOOTING Of the four tested methods for handling Nazi tanks, this one generated the most spirited debate. Opinions varied from law enforcement officials who declared anyone would “have to be crazy” to shoot a Nazi tank, to those that were immediately ready to “line ’em up and blow them away.” One individual contacted said they would never do it and “didn’t want to know any more about it.” The majority of experienced field responders contacted recognized the pros and cons of this method and could relate a scenario where shooting a Nazi tank might be their preferred method of handling it. Regardless of the strength of their opinion, nobody contacted reported any field experience with this procedure. In order to obtain data to help those “in the trenches” make an informed decision, we shot a variety of tanks that were empty and a number of tanks that were filled with either ammonia or propane. A detailed ballistics report has been prepared by Bruce Jackson, Chief Criminal Investigator, Pierce County, WA, Prosecutor’s Office. He was the principal investigator for this portion of the project. His 5-page ballistics report (part of which

PAGE 18

is included in this report) is intended for law enforcement officials and has been made available through: Ecology, SWRO - Spills Box 47775, Olympia, WA, 98504-7775 phone: (360) 407-6370, fax: (360) 407-6305

d e f

Equipment rifles: Winchester Model 70; 30.06 caliber, 24” barrel, 1:10 twist Remington Model 700; .308 caliber, 24” barrel, 1:12 twist Winchester Model 94; 30-30 caliber, 20” barrel, 1:10 twist U.S. 30 caliber M1 Carbine; 18” barrel, 1:20 twist Colt HBAR AR-15; .223 caliber, 20” barrel, 1:7 twist Colt CAR-15 (carbine); .223 caliber, 16” barrel, 1:12 twist shotgun: Remington Model 870; 12 gauge; 20” barrel handguns: Smith and Wesson Model 28; .357 magnum; 6” barrel Browning Hi Power; 9mm; 4” barrel Colt Series 80; .45 ACP; 5” barrel Ruger Super Blackhawk; .44 magnum; 7.5” barrel a variety of loads for the above weapons, 20 total spotting scopes, binoculars, sighting targets, shooting table and pads personal protective gear (safety glasses, ear protection)

Findings All rifles tested penetrated the tanks reliably. Multiple shots of the various ammunition loads were placed on the outer most radius of the tank base and side in an effort to determine the point of deflection. All rifle loads tested penetrated when the tip of the projectile contacted the tank, regardless of location. Three 5-gallon propane tanks containing propane and four 5-gallon propane tanks containing ammonia gas were shot using a rifle. The bullet entered the tanks causing the propane or ammonia to vent out. No ignition, explosion or fragmentation occurred. In each case the contents of the tank was expelled to atmosphere in under 60 seconds. A vapor cloud approximately

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 2 — APRIL 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 30 x 30 x 30 ft. was visible for less than 30 seconds on each tank. Liquid ammonia remained in the ammonia Nazi tanks below the bullet hole and had to be poured out of the tank after initial venting was complete. We did not approach any shot tank until all venting was audibly and visibly over. Seven 1 lb. propane bottles containing propane were shot using a rifle. No ignition, explosion or fragmentation occurred. One of the bottles split apart and flew 60 yards, but remained in one piece. Handguns and shotgun slugs tested did not prove reliable or accurate enough at what we considered a safe distance. They are not recommended for this purpose. Conclusion Shooting a 5-gallon propane tank with a rifle is a viable option if the agency’s standard operating procedure allows for it and scene safety is provided. When volunteers are asked for to go up to a bulging unstable tank and nobody raises their hand, remotely opening a tank with a weapon may prove to be a practical safe solution. Recommendations law enforcement shooter should be upwind or at least cross wind b. protect responders and the public for at least 200 yards downwind c. although we encountered no dangerous tank reaction at 75 yards, it seems prudent to shoot the tank at a greater distance if the area and skill of your shooter allow a.

Side View of 5 gal propane tank

E weld best impact point

C

E

18”

D

12”

Figure 4. Suggested point of impact when shooting a 5-gallon propane tank

VOLUME 7 NUMBER 2 — APRIL 1997

d. e. f. g. h. i.

tanks should be secured upright a safe backstop, common to any firing range, should be provided all ignition sources must be controlled or eliminated prior to shooting all personnel should avoid contact to either the vapor or liquid the best shot placement is in the low “D” zone on an upright tank (Fig. 4) a .223 proved adequate to penetrate all tanks even at 225 yards, the .30 caliber knocked the tank over when not secured

ADDENDUM: Use of bomb squads to open Nazi tanks On December 7, 1996, Pierce County, WA, bomb squad technicians applied shape charges to two 5-gallon propane tanks full of water. The charges opened up the tanks as the technicians had predicted. The use of remotely activated explosive devices on Nazi tanks would require specialized bomb squad equipment and trained technicians. The release of ammonia from a tank opened in this manner is expected to be similar to that experienced by the shooting or drilling options listed earlier if a small shape charge is used. The use of a large shape charge would release the contents virtually instantaneously. The heat of an explosive device may ignite any propane present. Service life of brass valves on Nazi tanks: On October 24, 1996, three 5-gallon propane tanks containing ammonia (with standard brass valves) were placed outside in a secure location. They were subjected to normal weather conditions for the Seattle, WA, area (average of 42°F, rainy, several freezing periods). The tanks were checked weekly for signs of corrosion or leaks. Within 1 day the brass valves had turned a distinct bluish-green color. Within 3 days, bright blue stains began to appear on the top of the tanks. This was from material being washed down off of the valves by the rain. On December 1, 1996 (38 days after filling), one of the tanks was observed to be slowly leaking. The tank was inspected and the valve exercised. Leakage was occurring around the valve stem. On December 20, 1996 (57 days after filling), this tank had leaked its contents of ammonia and was at atmospheric pressure. Use of 5-gallon propane tanks as hydrogen chloride (HCl) generators: Recently, a number of these tanks have been observed in the Pierce, Thurston and Clark County, WA, area being used as hydrogen chloride gas (HCl) generators. Contents of the tanks typically include sulfuric or hydrochloric acid and table or rock salt. It is reasonable to assume that such tanks would pose somewhat different hazards than tanks filled with ammonia. Instead of a caustic hazard, they would pose an acidic hazard. Pressure buildup has been observed in these cylinders. During

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION one response the valve was removed and a cloud of HCl gas spewed out approximately 100 feet into the air. The chemicals involved in a HCl generator would tend to degrade the brass valve in a similar manner to that of ammonia. References and field notes used in the preparation of this report are in the project file with CADRE.

SPARGE CONNECTOR AND HOSE PARTS LIST stainless steel connector from propane tank POL (CGA-510) valve to hose

(note: the female-female and male-male connectors are optional, they were included to provide more flexibility in the design) Purchased from Cascade Airgas Woodinville, WA, 206-487-3688 item # and description WES special, SS15-2 WES special, SS15-3 nipple WSC special, BF-4ss coupler WSC special, ss-7, oxy nut WSC special, ss-17, hose barb WSC special, ss-32 male coupler

SMALL Sparger Unit* ✔ 1/2” x 1/2” FIP plastic barb tee ✔ 1/2” ID clear reinforced hose, about $1.00 ft, 5 ft, coil it around itself for placement in a small container like a 5-gallon drum *note: drill 100+ holes into your sparger hose using the #60 wire gauge drill bit

REMOTE DRILL DEVICE PARTS LIST approx. cost $15 $13 $8 $9 $7 $9 $61 + tax

Day HOSG14B, 1/4” single green hose bulk, 7128-251, 10 feet = $7 + tax Any pressure and ammonia (corrosive) rated 1/4” hose should work adequately. This hose works OK; there are thicker hoses with higher pressure ratings that would provide more protection.

SPARGE DEVICE PARTS LIST Drill bit, #60 wire gauge (0.040”), drill chuck to hold drill bit, hose clamps for inlet hose and for sparger unit hose nylon barbed connector (ace#48763, 1/4” barb x 1/2” ips male adapter) And one of the following two sparging units: LARGE Sparger Unit* ✔ threaded bushing PVC, Schedule 40, 1 1/4” x 1/2” ✔ 1 1/4” x 1 1/4” FIP plastic barb tee (soap hose to get on fitting, or get larger hose)

PAGE 20

✔ 1 1/4” ID clear reinforced hose, about $3.70 ft., loop big enough for drum bottom ✔ 2 foot length of heavy chain to hold the sparger unit down on the bottom

✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

Model 6011DWE-2, 12V cordless Makita w/ spare battery and charger Vermont American part # 17192 drill press stand asst. drill bits (cobalt, 1/8” and less) 5/16” hardened steel bit X 12” length 1/2” hardened steel bit, to drill drum rim for pipe clamp assembly Speedbor 2000, 12” X 1/4” power drill bit extension asst. hose clamps asst. self tapping screws 1/2” pipe nipple X 48” “Pony” pipe clamp part # 5203 for 1/2” threaded pipe 2” X 4” X 12” lumber ripped in half at a 45° angle and mounted on 1/2” plywood to support propane tank in horizontal position. 50’ of nylon line Contico 24” deluxe “Tuff-E” tool box 2 – 10” lengths of 1/4” round solid black steel rods for securing pipe to foot pad hand socket driver for hose clamps adjustable wrench for drill press

All of the above items were purchased at the Tacoma Home Depot store with the exception of the Makita drill which was purchased at the Tacoma Costco. Purchase dates were September 30 and October 1, 1996. Cost was $350 including 8% sales tax, the drill was $160. Remote operating device designed and tested by Dave Jackson.

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 2 — APRIL 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

1/2 inch pipe clamped or bolted with a 1/2" bolt to the side of a 55 gallon drum using the fittings included with the drill press unit

1/2 inch pipe clamped to 5 gallon tank using 2 hose clamps

Drilling the tank on it's side

VOLUME 7 NUMBER 2 — APRIL 1997

Drilling a 1-pound bottle

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

IDENTIFICATION OF THE MAJOR PRODUCT FROM THE RITTER REACTION USING SAFROLE RICHARD R. LAING, M.S.

BRIAN DAWSON, PH.D.

Drug Analytical Services Western Region, Health Canada 3155 Willingdon Green Burnaby, BC CANADA

Bureau of Drug Research, Health Canada Sir F.G. Banting Building Tunney’s Pasture Ottawa, ON CANADA

ABSTRACT The Western Regional laboratory of Health Canada encountered a newly seen isoquinoline product in high in two purity street samples from a Vancouver suburb. Recently, references to the Ritter reaction were found in two recent clandestine laboratories (February 1994 and October 1993) where safrole was used in an attempt to manufacture 3,4-methylenedioxy amphetamine (MDA). In repeating the synthesis, the desired intermediate N-acetyl MDA was not found. The major product of the reaction was identified as 3,4-dihydro-1,3-dimethyl-6,7-methylenedioxyisoquinoline (also referenced as: 7,8-dihydro-5,7-dimethyl-1,3-dioxolo[4,5-g]isoquinoline). This product’s structure was determined by IR spectroscopy, mass spectrometry, and 1H and 13C NMR techniques.

INTRODUCTION Using the Ritter reaction, amphetamine can be produced from allylbenzene, acetonitrile and sulphuric acid [1]. By analogy, it has been surmised that MDA would be the end product if allylbenzene were substituted by safrole [2]. An underground publication [3] openly makes this assertion. Our first encounter with this reaction was in Vancouver during October 1993 and, at the time of seizure, the reaction mixture was found to contain only safrole and several unidentified compounds. In a drawer underneath the reaction setup, a copy of “Secrets of Methamphetamine Manufacture” [3] was found opened to the well worn and discoloured page of the Ritter reaction. The second lab, February 1994, was detected as a result of a fire, and in the seized, documents hand written notes on the Ritter reaction were found. Subsequently the synthesis was repeated at our facility and the product identified. The two street samples containing this product were submitted as fine, tan coloured powders wrapped in aluminum foil.

EXPERIMENTAL The synthesis was carried out in an ice bath with 0.5 mol of safrole and acetonitrile with 0.25 mol sulphuric acid. The reaction was quite exothermic. The temperature was monitored and initially rose up to, but did not exceed 45°C and with time cooled down. After a couple of hours in the ice bath it was

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allowed to warm up to room temperature. The mixture was diluted by twofold with distilled water and basified with concentrated sodium hydroxide, An organic layer formed and was isolated using a separatory funnel. This oil was hydrolyzed using dilute hydrochloric acid, extracted with diethyl ether (which was discarded), basified, and extracted again using diethyl ether. The ether from the base extract was allowed to evaporate leaving a dark yellow, somewhat waxy, product. This product was not purified further and was subsequently used in all analyses. GC-MS data was acquired on an HP5890 GC coupled to a 5971A MSD using an HP-1 12.5 m x 0.2 mm ID, 0.33 mm film thickness capillary column. Injector temperature 280°C, 35:1 split ratio, oven program: 100°C hold 1.8 min, ramp @ 35°C/min to 230°C, ramp @ 25°C/min to 295°C hold 8.19 min. Scan range: EI 43-400 amu. Chemical ionization spectra were acquired using the above chromatographic conditions, scan range 100-600 amu and methane was used as the reactant gas. FT-IR spectra were acquired on an Nicolet 60-SX FT-IR spectrometer as a KBr disk. NMR data was acquired on a Bruker AM400 spectrometer (1H = 400.13 MHz, 13C = 100.6 MHz). Chemical shifts were referenced to the solvent peaks (7.26 ppm for CHCl3 for 1H and 77.0 ppm for the centre peak of the CDCl3 triplet for 13C). Chemical shifts were assigned using frequency and multiplicity data and by use of direct and long range carbon-proton heteronuclear correlation experiments.

DISCUSSION By repeating the synthesis in [3] the major product isolated is shown in the chromatogram (Figure 1). It was found not to be MDA but gave the mass spectrum in Figure 2a. The ion at 203 m/z was confirmed as the molecular ion using chemical ionization MS and identification of the methane ion adducts [4] (Figure 2b). The IR spectra of the base and hydrochloride salt appeared distinctive (Figure 3a and 3b), but did not match any spectrum in the Sigma, Georgia State, or Toronto FT-IR libraries. The product’s structure was determined using proton and carbon NMR (Figures 4a and 4b) and the chemical shift assignments are provided below in Table 1. It has also been found that the Ritter reaction does not produce N-acetyl MDA when isosafrole is used [5].

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION using this synthesis or other incorrect recipes will increase.

13

O H2C

CH3

10 6

11

7

O

4

5

1

8

REFERENCES

3 2

N

1.

9 12

CH3

3,4-dihydro-1,3-dimethyl-6,7-methylenedioxyisoquinoline

2. The two street samples submitted were found to contain exclusively this compound as the hydrochloride salt. There was also evidence to suggest that it is ingested by smoking on aluminum foil. Quite often, in the Vancouver area, we see methamphetamine smoked in this manner. The arrested individual is suspected of manufacturing methamphetamine, and is now apparently attempting to make MDA. It is unlikely that this seizure is related to the two seized clandestine labs.

3. 4. 5.

CONCLUSION

6.

The product of the Ritter reaction using safrole has been identified as 3,4-dihydro-1,3-dimethyl-6,7-methylenedioxyisoquinoline. It has also been reported that this product has been seen in clandestine lab seizures in Toronto, Canada [6] and Sydney, Australia [7]. The repeat synthesis did not produce detectable levels of N-acetyl MDA; however, it has been identified by others as a minor product [7]. With the wide availability of underground literature which may contain incorrect or unproven recipes, undoubtedly the number of seizure of clandestine labs

7.

Ritter, John J., and Kalish, Joseph, “A New Reaction of Nitriles. II. Synthesis of t-Carbinamines,” Journal of the American Chemical Society, Volume 70, 1948, pp. 4048-4050. Ellern, James B., “Discussion of ‘A Clandestine Approach to the Synthesis of Phenyl-2-Propanone from Phenylpropenes,’” Journal of Forensic Sciences, Volume 31, Number 1, 1986, pp. 14-15. Uncle Fester, Secrets of Methamphetamine Manufacture, 1991, 2nd Ed., Loompanics Unlimited, Port Townsend, WA. Rose, M.E., Johnstone, R.A.W., in Mass Spectrometry for Chemists and Biochemists, 1st Ed, Cambridge University Press, Cambridge, 1982, pp. 120-124. Hugel, John, Health Canada, Toronto, Canada; Personal Communication Hugel, John, and Holmes, Andrew, “The Chemistry Of Clandestine Laboratories In Southern Ontario,” presented at the 4th CLIC Technical Training Seminar, September 7-10, 1994, Vancouver, BC, Canada Kazlauskas, J., and Murtagh, V., “MDA From Safrole By Ritter Reaction”, presented at the 4th CLIC Technical Training Seminar, September 7-10, 1994, Vancouver, BC, Canada

Carbon and Proton Chemical Shifts (chemical shifts in ppm) 13C ppm

1

3

162.84 51.83

4

5

6

7

8

9

10

11

12

33.65 107.96 149.08 146.38 106.03 123.33 132.67 100.25 23.47

1H

3

4 and 4'

5

8

11 and 11'

12

13

ppm

3.49

2.61, 2.39

6.63

6.96

5.96

2.32

1.34

VOLUME 7 NUMBER 2 — APRIL 1997

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 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 2 — APRIL 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 7 NUMBER 1 — JANUARY 1997

IN THIS ISSUE ... Award-Winning Teacher Held In Drug Lab Raid .......................................... 2 Mom Who Cooked Meth Convicted Of Killing Kids ..................................... 3 Judge Gives Mother 45-to-Life Term For Meth Lab Deaths Of 3 Children ............................................................................... 3 Accused LSD Lab Mastermind Was Drug Figure In ’60s ............................. 4 LSD-Case Fugitive Jailed In Canada ............................................................. 4 Officer Nominations Sought .......................................................................... 5 Police Raid Drug Lab .................................................................................... 6 Hunt For Canterbury Man Extends To UK ................................................... 6 Residents Worry Odour From House Is Toxic .............................................. 6 Clean-up Bill At Drug House Costs $21,000 ................................................ 7 Baclofene: The Discovery Of A Sex-Stimulating Molecule ........................... 8 Some Meth Raiders Of ’80s Now Ill ............................................................. 9 New California Law Concerns Minors At Drug Labs ................................. 10 California Proposes To Place Ephedrine, Pseudoephedrine To Schedule II Of Health And Safety Code .......................................... 11 Internet Update: New Chemical Company Likely Source For Diverted Chemicals ............................................................. 12 Lab Seizures ................................................................................................ 15 Original Papers When Is A Confined Space Not A Confined Space? ................................... 19 James W. Counts What NIOSH’s New Respirator Certification Regulation Means For You ................................................................... 21 Shirley A. Conibear  1997 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner. For more information concerning the Journal, contact the Editor.

Association Officers President: Tim McKibben Aurora Police Crime Laboratory 15001 E. Alameda Aurora, CO 80012 (303) 739-6229 Vice-President: Terry A. Dal Cason DEA North Central Laboratory 536 S. Clark Street Room 800 Chicago, IL 60605-1525 (312) 353-3640 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710 (209) 278-7732 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (314) 651-2221 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105 (415) 744-7051 Past-President: Norman Kemper Arkansas State Crime Lab PO Box 5274 Little Rock, AR 72215-5274 (501) 227-5747 Executive Board Members: Nick Dawson Arkansas State Crime Lab PO Box 5274 Little Rock, AR 72215-5274 (501) 227-5747 Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

AWARD-WINNING TEACHER HELD IN DRUG LAB RAID MICHAEL SEARS Contra Costa Times November 28, 1996 Oakley — A well-like fourth-grade teacher has been arrested on suspicion of manufacturing and possessing methamphetamine, police said. Larry Edward Newton, 50, a teacher at Turner Elementary in Antioch, was picked up at his Oakley house Tuesday when he returned home as sheriff’s deputies were making a search. A tipster had pointed them to the house a week earlier. Teachers and colleagues knew Newton as a top-notch educator who loved kids and was enthusiastic about teaching at Turner Elementary. Every year, he took his students on a field trip at Point Reyes to study nature and share his love of science, colleagues said. His apparently normal lifestyle was also reflected in his house in the 1100 block of Kay Avenue in Oakley, which looked like a typical suburban home — from the outside. The interior was another story, according to a sheriff’s sergeant. On Tuesday, sheriff’s detectives picked their way through trash and dog feces in the hallway and bedrooms of that home and found remnants of a methamphetamine lab, said sheriff’s Sgt. Jim Nichols. And when Newton showed up — midway through the search — sheriff’s detectives discovered a small amount of methamphetamine stuffed in his pants pocket, wrapped in toilet tissue, Nichols said. Newton was arrested on the spot, Nichols said. Also arrested were Newton’s son, Larry Newton Jr.; 34-year-old Corinne Del Carlo of Pittsburg; and Joseph Martin Tyler, 21 of Antioch, who were in the house at the time deputies arrived to serve the search warrant. Both Newtons and Del Carlo were booked for manufacturing and possession of methamphetamine. They were being held Wednesday night at

County Jail in Martinez in lieu of $260,000 bail, according to a jail spokeswoman. Newton has taught several grades at Turner Elementary since the 1970s and is an award-winning teacher, said retired Turner teacher Mary Olenchalk. “I’m dumbfounded,” Olenchalk said Wednesday. “This is not the Larry Newton I know.” Teachers interviewed Wednesday say they had no indication Newton might be involved in manufacturing, selling or using drugs. The arrest at his home in the quiet Oakley neighborhood, however, indicates Newton may have been leading two lives. “The house looked perfectly normal on the outside,” Nichols said. “But when I went in, it was one of the worst houses I’ve seen.” Nichols described trash scattered all over the floor, a decaying ceiling, and dog feces on the floor. Detectives found lab-style glassware commonly found in drug labs, rubber tubing, and iodine — a common component of the methamphetamine manufacturing process. Detectives also found bottles of what they suspect is ephedrine — an over-the-counter decongestant that is also used for making meth, Nichols said. Sheriff’s officials have not determined whether the lab belonged to Newton, his son, or both. “They’re all saying that they had no idea what it was and no idea how it got there,” Nichols said. Newton once won an honorary PTA award for teaching and is seen by other teachers and staff as an outspoken colleague, said fellow Turner teacher Eve Auch. “He’s on of those teachers that everybody likes,” Olenchalk said. “Parents would ask to have their children in his class.”

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes ............................. OSP Forensic Laboratory - Portland, OR ................................................ (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab - Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................Aurora PD Crime Lab - Aurora, CO ....................................................... (303) 739-6229 O. Carl Anderson ....................Kansas Bureau of Investigation Lab - Great Bend, KS .......................... (316) 792-4353 Jason Freed ..............................National Medical Services - Willow Grove, PA ..................................... (215) 657-4900 Jerry Massetti ..........................CA DOJ Crime Lab – Fresno, CA ........................................................... (209) 278-7732 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452 Rodney Norris .........................ESR Forensics - Aukland, NZ ................................................................. 649-815-3670 Peter Vallely ............................ J. Tonge Centre for Forensic Science - Brisbane, Australia ................... 617-274-9031

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

MOM WHO COOKED METH CONVICTED OF KILLING KIDS ASSOCIATED PRESS Contra Costa Times November 28, 1996 Riverside — A woman who caused a methamphetamine blaze that killed three of her children was convicted Wednesday of three counts of second-degree murder. Kathey Lynn James of Riverside could be sentenced to 54 years to three life terms in prison, Deputy District Attorney John Davis said. James was cooking a batch of methamphetamine on the stove of her trailer home in southern Riverside County on December 26, 1995, when the chemical substance exploded and caused a fire. James lost children aged 1,2,and 3. An older son who survived the fire testified during trial. Davis said James’ methamphetamine activities are akin to “storing dynamite in your kid’s bedrooms.” The jury made two special findings, which make it a landmark case that could set statewide precedent, Davis said. The jury found that the killings occurred while James was making methamphetamine and found that there was implied malice. “The jury is saying that she knew what she was doing was dangerous,” Davis said.

The verdict creates a new type of “inherently dangerous” felony, which means prosecutors in the future would not have to prove a defendant intended harm to someone by clandestinely cooking methamphetamine. Previously, Davis said, prosecutors had to prove defendants had knowledge that such an activity is dangerous. “The reason this is a landmark case is that this is the first time that I know of that there’s been a successful prosecution of murder arising out of a meth lab,” Davis said. “So, it’s a big step for law enforcement and for prosecutors statewide. ... Now, all they have to prove is that the person was cooking meth.” James testified she produced a big batch of methamphetamine each week for about 10 years, sometimes earning thousands of dollars a week. Davis said James did not show much reaction when the verdict was read. “Just a few tears, but not much reaction. She didn’t show much emotion throughout the whole trial,” Davis said. The jury deliberated for one day plus a couple of hours. Davis expects the case to go to the state Supreme Court on appeal.

JUDGE GIVES MOTHER 45-TO-LIFE TERM FOR METH LAB DEATHS OF 3 CHILDREN ASSOCIATED PRESS Contra Costa Times January 12, 1997 Riverside — A judge on Friday sentenced a 40-year-old mother to 45 years to life in prison for brewing a batch of methamphetamines that set off an explosion that killed her three children — ages 1, 2, and 3. Riverside County Superior Court Judge W. Charles Morgan decided to impose consecutive terms of 15 years to life because of the “wanton disregard” Kathey Lynn James showed for her children Dion, Jackson, and Megan. An 8-year-old son who survived the December 26, 1995, blast at James’ Aguanga mobile home testified against his mother at trial. The explosion occurred as James mixed the volatile chemicals to make what’s known on the street as “crank,” “meth,” and

VOLUME 7 NUMBER 1 — JANUARY 1997

“speed” at her kitchen stove as the youngsters played at her feet. James’ conviction on second-degree murder charges set a precedent when Judge Morgan ruled in pretrial that the manufacture of methamphetamines is an inherently dangerous act to human life. If upheld by the California Supreme Court, prosecutors need only prove that a defendant was making methamphetamine when a death occurred to gain a murder conviction. Previously, a conviction would require that the defendant made the drugs while know the dangers — a much tougher standard. James chose not to address the court Friday and did not appear surprised by the sentence. Defense attorney Frank Peasley indicated James will appeal.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION The judge noted that James had callous disregard for her kids. “This woman was proud of how she manufactured methamphetamine,” Morgan said, referring to James’ own testimony her drugs were the best in the area. She also testified that as an expert methamphetamine “cooker” who over 10 years had made more than 300 batches of the drugs without mishap, she had secreted $32,000 in cash inside the

mobile home. Prosecutor John Davis argued that James was a major drug manufacturer for the Hemet-Aguanga area. After the fire destroyed her operation, Davis said, the source of methamphetamine virtually dried up in the area. “It seems to me that it has to send some kind of a message,” he said.

ACCUSED LSD LAB MASTERMIND WAS DRUG FIGURE IN ’60S SCOTT SIMPSON Vancouver Sun Saturday, Dec. 14, 1996 The alleged mastermind behind a massive illegal drug laboratory that was raided by RCMP is a U.S. fugitive who was a key figure in San Francisco’s psychedelic era, police said Friday. Staff Sergeant Ken Ross said it took almost two months to identify fugitive Nicholas Sand who has been in custody since he was arrested in a Port Coquitlam warehouse Sept. 26, because the 55-year-old had false identification and has refused to say anything about his background. Sand had links in the 1960 and 70s to legendary LSD chemist Albert Owsley Stanley III, the late psychedelic guru Timothy Leary and the Hells Angels. Sand and five co-accused appeared in court earlier this week and will appear again in January to set a date for their trial. Sand was living in the warehouse, which had been converted into an $800,000 laboratory-residence, with one of the co-accused

and had identification in the name of David Shepherd, Ross said. Police say the lab was producing LSD, MDA, DMT, Ecstasy and Nexus with a street value of $6.5 million and contained raw materials to make an additional $51 million worth including 45 million individual doses of LSD. Police also seized guns, gold bullion, silver and cash. The lab had been under surveillance for several months and was raided after police began to suspect that several of the accused were preparing to leave the country. They believe the lab, which had been operating for at least two years, was the largest of its kind in the world. Sand jumped bail in California in 1976 while he was appealing a 15-year sentence for manufacture of LSD at a network of laboratories in San Francisco, Sonoma County, Missouri and Belgium.

LSD-CASE FUGITIVE JAILED IN CANADA: MOUNTIES ARREST FIGURE FROM S.F. PSYCHEDELIC ERA ON CHARGES OF RUNNING MAJOR DRUG LAB San Francisco Examiner

SUSAN FERRISS AND ERIC BRAZIL Royal Canadian Mounted Police believe that a fugitive from San Francisco’s psychedelic era was operating the world’s biggest LSD laboratory when they arrested him with $1.5 million in cash and gold and a large quantity of the hallucinogenic drug in his laboratory near Vancouver.

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Nicholas Sand, 55, is being held in a Vancouver jail with no bail on conspiracy to traffic in LSD and other hallucinogenic drugs. He had been on the run from the law since 1976, when he fled San Francisco to avoid a 15-year prison sentence for manufacturing LSD.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Staff Sgt. Kenneth Ross, the Mountie who arrested Sand at his laboratory in suburban Port Coquitlan, said “Johnson & Johnson would have liked to have that lab - it was unbelieveable. He was literally better than the Health Canada lab. . . . He had enough ketone (a chemical used in manufacturing LSD) to make two kilos. We seized 43 grams of crystallized LSD. . . . It cost the government $60,000 just to destroy the chemicals we found.. . . The venting system alone cost $40,000 to $60,000.” When it comes to manufacturing hallucinogenics, “Sand is the icon as far as I’m concerned. The stuff he was making was of such purity that it was higher than all our standards. Our lab tested it out at 106 percent purity,” Ross said. Ross said that Sand had evidently been moving between Mexico and Canada with side trips to Europe since fleeing the United States. “He was known to us as David Shepherd, but we found three or four complete sets of ID,” Ross said. “He was charged in the early 1990s with a similar offense (in central Canada), and he jumped bail, opened up his safety box and took out another ID.” Sand was considered one of the most prolific manufacturers of LSD during the height of the 1960s and ’70s drug culture. His career as a counterculture chemist ended in 1974 when he was convicted in a San Francisco federal court and sentenced to 15 years in prison. Sand jumped bail in 1976 while appealing his conviction and disappeared. On Thursday, federal officials revealed that the RCMP had arrested Sand in September after discovering the most sophisticated hallucinogenic drug laboratory ever seized in Canada inside Sand’s Vancouver-area home. Police said they had seized enough ingredients to produce an estimated $51.5 million worth of drugs. They also seized another $6.2 million worth of finished LSD and another hallucinogenic drug, MDMA, or ecstasy. Stan Vegar, a spokesman for the U.S. Drug Enforcement Administration in San Francisco, said the 43 grams of LSD found at Sand’s home in Port Coquitlan was a huge amount that could supply more than 800,000 doses.

FACES LONG SENTENCE Sand faces up to 10 years in prison in Canada if he is convicted of conspiring to sell LSD and MDMA. He would serve his sentence in Canada before being sent back to the United States to serve the 15-year sentence imposed in 1974, U.S. Attorney Michael Yamaguchi said. Sand’s career manufacturing LSD stretches back to the early days of the hallucinogenic drug culture in the Bay Area. He was considered a protege of San Francisco’s legendary “King of Acid,” Augustus Owsley Stanley III, who made the once-legal drug and helped distribute it during the 1960s acid tests popularized by writer Ken Kesey and the Grateful Dead. But the law was never far behind Sand. He was arrested in April 1967 in Dinosaur, Colo., while driving a vehicle equipped

VOLUME 7 NUMBER 1 — JANUARY 1997

with a large mobile lab for producing LSD. He and another man had $40,000 worth of LSD on board and were charged with illegal possession and failure to register as manufacturers of the drug. In April 1973, while awaiting trial on drug charges in St. Louis, Sand was indicted by a federal grand jury in San Francisco in one of the more sensational drug trials the Bay Area had seen.

LINKED TO DRUG RING Prosecutors said Sand, then 31, and seven others with ties to LSD guru Timothy Leary had set up a network of LSD laboratories in San Francisco, the Sonoma County town of Windsor, the state of Missouri and Belgium. Income from global sales was said to have been deposited in Swiss bank accounts and in the Bahamas. Sand was charged with evading $180,863 in taxes for 1968 and 1969, as well as conspiracy to manufacture LSD. The drug was sold to the Hells Angels and the Brotherhood of Eternal Love, a drug cult started by Leary. One of the star witnesses for the prosecution was Williman Mellon Hitchcock, an heir to the U.S. Steel fortune who was granted immunity and described how he supplied money to Sand and others so they could manufacture LSD. In March 1974, U.S. District Judge Samuel Conti sentenced Sand to 15 years, accusing him of contributing to the degradation of mankind.

OFFICER NOMINATIONS SOUGHT It is time, once again, to consider nominations for office in the Association. Each September, a new slate of officers are elected by the membership at the annual business meeting. The following offices will require nominations: ✔ Vice-President: This office is a one-year term, leading to the office of President the next year, and Past-President the following year. Thus, a three (3) year commitment must be made by the candidate. ✔ Executive Board Member: This office is a two (2) year term. This candidate participates in the day to day business of the Association, including long-range planning and member support. ✔ Editorial Secretary: This office is a three (3) year term. The candidate is responsible for the collection, collation, and production of the Association’s Technical Journal. Advanced computer skill are desirable. If you are interested in one of these offices or would like to nominate someone for one of these offices, please contact Pamela Johnson at (573) 651-2221.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

POLICE RAID DRUG LAB The Press (Christchurch, NZ) September 6, 1996 A North Canterbury laboratory set up to make the drug methamphetamine, commonly known as speed, was closed down by a large police operation yesterday. Detective Inspector Kevin Burrowes, of the Christchurch police, said the Cheviot laboratory was discovered in an operation that also concentrated on two Timaru addresses. Two Timaru men will appear in the Christchurch District Court today charged with conspiring to manufacture methamphetamine and attempting to manufacture the drug. A 39-year-old accused was arrested in Timaru and a 37-yearold in Cheviot, about 85km north-east of Christchurch. Inspector Burrowes said the laboratory was a large-scale operation not commonly seen in New Zealand. “We are very pleased with the result today. “Indications are that the potential for methamphetamine manufacture at the laboratory could have run to millions of dollars,” he said. The Cheviot address was cordoned yesterday as police began what they expect will be a three-day search.

HUNT FOR CANTERBURY MAN EXTENDS TO UK The Press (Christchurch, NZ) Friday, October 4, 1996 One of six men arrested last month in connection with the manufacture of methamphetamine at a Cheviot house has skipped bail and is believed to be in London. Christchurch police, through Interpol, have asked Scotland Yard for help in their hunt for Charles Score Sanders, 35, a farmer, of Springbrook, south-west of Timaru. Sanders was due to appear in the Timaru District Court on Tuesday. The head of the Christchurch police drug squad, Detective Senior Sergeant Paul Kench, said Sanders left Christchurch on a flight to Singapore last Sunday. He then flew from Singapore to London, arriving on October 1. Sanders was on bail on a charge of conspiring to manufacture methamphetamine, a class B drug, commonly known as speed. He was also due to face charges of possessing cannabis plants and unlawfully possessing firearms. “One of the conditions of his bail was that he surrender his New Zealand passport,” Senior Sergeant Kench said. Sanders did surrender a New Zealand passport, but police now believe that he also held a passport from another country

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and used that in leaving New Zealand. While he was known to have connections in Australia, police said they were not aware that he had contacts in London. Police have declined to comment on whether any of the men arrested have gang affiliations. Speed is widely used by American motorcycle gangs, including Hell’s Angels, which police believe are forging links with New Zealand gangs. Sanders and two others were on bail on charges relating to last month’s police raid on a drug laboratory in a Cheviot house. Three men, also facing charges in connection with the laboratory, remained in custody last night after the Court of Appeal dismissed their appeal against the High Court declining their bail applications. The district court had rejected their applications. Robert James Drummond, 39, a labourer, Leonard Colin Hamley, 35, and a 35-year-old Timaru man, who has interim name suppression, face charges of conspiring to manufacture methamphetamine and attempting to manufacture methamphetamine. Their appeal was heard at a Court of Appeal session in Christchurch yesterday. The three will next appear at a pre-depositions conference on October 24. Senior Sergeant Kench said police were continuing their investigation into the illicit operation. “We are not discounting the possibility of further arrests,” he said yesterday. Police believe the Cheviot laboratory had been operating for up to four weeks when they raided the property on September 5. It was the largest illegal drug laboratory uncovered by New Zealand police. Detectives said they had intervened in time to prevent any finished product from the laboratory reaching the streets. Police believe the drug was destined for domestic use and not export. Police seized large quantities of chemicals from the laboratory that Environmental Science and Research scientists have been analysing. Drug squad detectives said at the time of the raid that they had stamped out a potential multimillion-dollar trade in hard drugs.

RESIDENTS WORRY ODOUR FROM HOUSE IS TOXIC The Press (Christchurch, NZ) December 10, 1996 The house at the centre of a drug raid two months ago in Cheviot is emitting odours that nearby residents say are causing health problems. Neighbours have complained to the police and the Hurunui District Council about a chemical odour coming from the house and its resulting health effects.

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 1 — JANUARY 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Ian Shaw, the Hurunui District Health Officer, said yesterday that as a result of the chemicals and the method of processing used in the alleged drug operation, a strong odour was coming through the linings of the house. “The processes involved extreme heat and, according to the Institute of Environmental Science and Research, temperatures would have been in the range of 400deg and 700deg,” he said. “We are awaiting a report from a company of environmental engineers who are doing a breakdown of the chemicals used and their potential toxicity,” he said. The odour was noticed after the alleged operation had been halted by the police and the house had been opened up, he said. The degree of smell depended on the wind direction and intensity on the day. It is alleged the house was being used as a laboratory to manufacture methamphetamine, commonly known as speed. The alleged drug laboratory was the largest uncovered by New Zealand police. Four men are before the courts on a variety of related charges. A nuisance notice and repair notice have been served by the Hurunui District Council on the owners of the house, who had been renting it out at the time of the incident. Mr Shaw said the owners had negligible finances, which would make payment for remedial works difficult. “It is an unfortunate business for the owners and should be a warning to other property agencies and landlords. We (the council) are trying to take a responsible role and protect the community, so if need be the council can step in and complete the work needed and charge the owners,” he said. The Ministry of Health had agreed to fund any assessments of the house to determine the public health risks and remedial works necessary to render the property safe. He said the council was the first local authority in New Zealand to have to action such a situation.

VOLUME 7 NUMBER 1 — JANUARY 1997

CLEAN-UP BILL AT DRUG HOUSE COSTS $21,000 The Press (Christchurch, NZ) January 27, 1997 A Cheviot house used for New Zealand’s largest illegal drug laboratory will cost the owners $21,000 to clean. Arthur and Rosie Rotchfort have to pay for the clean-up of toxic substances used to manufacture amphetamine while the house was being squatted in. Three men are serving jail sentences for the drug offences. Mr Rotchfort, who lives in Christchurch, said he was scheduling a meeting this week with the Canterbury Regional Council, his lawyers, and the insurance company to see if the issue could be resolved. “We don’t know if we can get insurance or anything yet. We don’t know where we are,” he said. Quotes put the clean-up cost at $21,000, but Mr Rotchfort expected the total bill to be closer to $50,000 by the time the interior was completely redecorated. “I’d sooner see it cleaned up with a bulldozer. That would be the cheapest way,” Mr Rotchfort said. The house has been closed since the laboratory was found. A health report shows there is a potential health risk from radioactive thorium material. Linings, carpets, and furnishings will need to be removed from the house. The house had been on the market for two years and the Rotchforts accepted an offer from an investment company in July. During the 90-day settlement period the police raided the property and the investment company pulled out of the sale. The Christchurch District Court awarded the Rotchforts $5000, the deposit owed by the investment company on the confirmation date in July. Mr Rotchfort said yesterday the company still had not paid.

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

BACLOFENE: THE DISCOVERY OF A SEX-STIMULATING MOLECULE

(Editor’s Note: The following was pulled from the Internet by Mark Kalchik. Its accuracy and/or validity is unknown)

FROM GAMMA-HYDROXYBUTYRATE TO BACLOFENE About 15 years ago I was studying the psychotropic effects of a remarkable molecule: gamma-hydroxybutyrate. In search for similar drugs acting by the activation of Tyrosine Hydroxylase I studied baclofene, a molecule known also as a Gaba B agonist (gamma-hydroxybutyrate was found later to be also a Gaba B agonist and also a Tryptophane Hydroxylase Activator, at pharmacological doses). At that time I was interested to know if the remarkable properties of gamma-hydroxybutyrate (Gamma-OH, Egic, Trademark) were a consequence of Tyrosine Hydroxylase activation so I, naturally, went to Baclofene (Liorésal, Ciba-Geigy, Trademark).

DESCRIPTION OF SOME PSYCHOTROPIC EFFECTS OF BACLOFENE

From comparisons between Gamma-OH and baclofene effects on the activity of Tyrosine Hydroxylase in the brain I postulated that a dose of about 100 mg of baclofene might mimic the psychotropic effects of a dose of 2.5 g of Gamma-OH. We conducted then a set of experiments with baclofene and, to our surprise, we did not find what we expected! In particular, Gamma-OH is the first representative of a novel class of molecules, the SOCIABILISERS, which, as their name indicate, enhance natural sociability in the human species. MDMA is another sociabiliser. It has been found that enhancing sociability gives rise to remarkable therapeutic properties such as AUTHENTIC and very fast acting anti-depressant action, in association with anxiolysis. Gamma-OH seems, for instance, to very specifically suppress this feeling of despair found in depressed patients. Despair melts away “into thin-air” as would say someone and it is replaced by a strong feeling of happiness to be alive and enjoying life! Baclofene IS NOT a Sociabiliser though it can stimulate mood. It was even used by one person as an anti-depressant, during 4 months, at a dosage of 100 mg a day despite the fact that the literature says that baclofene can induce depressive episodes. In fact it seems it may have both effects, depending on individuals,

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which is something to be studied more in depth. The first thing that experimenters found with baclofene was this mood stimulating effect. The second thing that they found was a sex stimulating effect which was not at all predicted! Baclofene stimulated sexual desire and the abilities to achieve copulation. It also induced a sense of confidence which helped the individual to achieve copulation. Self-confidence is a dopaminergic effect which can also be demonstrated with a dopaminergic re-uptake blocker such as AMINEPTINE (Survector). But, contrary to baclofene, amineptine does not stimulate sex oriented behaviors. Contrary also to Gamma-OH (which is always a strong anxiolytic if taken against panic attacks) baclofene was found to be a potential anxiogenic molecule. With a 100 mg dose of baclofene there is a general mood enhancement together with an enhancement of sexual desire and abilities. A woman suddenly appears more like only a female to be used for sex! The emotional factor called “love” and which is so prominent under Gamma-OH does not appear with baclofene in this dose range. Making love under baclofene is a very sensual, rather animalistic experience! A woman is just sensed as a female only and you sense yourself, equally, as a male only, not a lover. Making love with your girlfriend or wife, suddenly, just appears like enjoying eating a good cake! Baclofene does not seem to induce sexual effects in women. But this remains to be determined more adequately. Baclofene can make you obsessional about sex and you may exhaust yourself with sensuality up to the point of being fed up of exhaustion or migraine. It is a bit like if you felt always hungry for sex even after copulation.

SIDE-EFFECTS OF BACLOFENE These can be found in the literature but one side-effect which is NOT mentioned is interaction with alcohol. This interaction is disastrous. Alcohol should be completely avoided otherwise the combination gives rise to an anti-abuse effect with vomiting and other very unpleasant effects. One side-effect of baclofene taken continuously for weeks or months is slight paranoia or enhancement of self-confidence. Baclofene can be a nasty molecule in people with neurological or psychotic problems and, also, in aged people. So these people should completely avoid baclofene unless under medical supervision and at very low doses.

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 1 — JANUARY 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

SOME METH RAIDERS OF ’80S NOW ILL RICHARD GREEN ASSOCIATED PRESS December 9, 1996 PORTLAND, Ore. — Police here take no chances when they raid methamphetamine laboratories, protecting themselves in gear that makes them look more like astronauts than lawenforcement officers. The chemicals used to create the drug are so dangerous that its “cooks” often become horribly sick and begin to resemble human skeletons by the time they are arrested. But police haven’t always taken such precautions. And now, officers who gathered evidence at drug labs in the early 1980s are getting sick themselves. “For years and years we went into these labs with no protection,” said a longtime Portland police officer who suffers from a type of cancer called non-Hodgkins lymphoma. “We’d come out and we’d be coughing and lightheaded and have skin rashes and burns. “One of the officers used to wear latex gloves to the labs, but the chemicals would just eat them away and the gloves would flop back. “We used to laugh because there are no old meth cooks; some in their late 40s looked 70, their teeth gone, their brains fried. We used to say, ‘Hey,this person doesn’t look so good.’ “ The police pension board recently granted service-connected disability claims filed by the officer and two others, one with multiple myeloma cancer and the other with emphysema. After conducting an extensive investigation, the board traced the health problems of all three to their exposure to drug laboratory chemicals, which include dangerous metals, solvents and acids. “In the research we have done, there is a strong indication their illnesses were caused by their exposure years ago before protective equipment was used,” said Ed Freeman, administrator of Portland’s Fire and Police Disability and Retirement Fund. One of the three officers agreed to speak for the group. None wanted to be identified by name for fear others might stigmatize them because of their medical conditions. They continue to work for the police bureau. “As soon as I was diagnosed with cancer, I immediately made the connection to the labs,” said the 52-year-old officer. “There’s never been any cancer in my family.”

VOLUME 7 NUMBER 1 — JANUARY 1997

He recalled one drug lab where the cooks couldn’t stand the noxious fumes. “We got a call that two men had come screaming out of a house in southeast Portland,” he said. “One ran smack into a telephone pole and knocked himself out. The other guy lifted him up and carried him away. “When we went inside, we saw something cooking and giant bubbles were spewing out.” The officer said he knows of three more Portland policemen who have cancer they trace to drug labs, but haven’t yet filed disability claims. One has thyroid cancer, another lost a kidney to cancer and a third has non-Hodgkins lymphoma. In eastern Oregon, Nyssa Police Chief Bill Cummings said he suffers from chemical bronchitis arising from acid compounds he was exposed to during meth lab raids. “The doctors don’t know if this is going to be chronic, but I assume it is,” he said. “We didn’t have the equipment we should have had to protect us in those labs.” In the Northern California town of Redding, state Department of Justice special agent Mike Baker, 38, traces his thymoma cancer to unprotected raids on drug labs. He had a baseball-sized tumor removed from behind his heart and has returned to work. “What happened to me was there’s no cancer in my family, but I got a real rare form of cancer,” he said. “In some of these labs the acid vapors were so thick in the air, they would burn your nasal membranes and you would get a bloody nose.” More research is needed on long-term health effects for police who raid meth labs, said Dr. William Morton, a professor of environmental medicine at Oregon Health Sciences University. “My understanding is there is a certain amount of imagination that goes into the recipes for making methamphetamine,” he said. “There is nothing to lead me to suspect there isn’t a longterm health risk, given the fact that toxic chemicals are there, including carcinogens.” Dr. Brent Burton, who heads the occupational health program at the university, stresses that no scientific link has been established. “When I see the drug officers and talk to them, I try to tell them their work has not resulted in them having an increased chance of cancer,” Burton said.

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

NEW CALIFORNIA LAW CONCERNS MINORS AT DRUG LABS Here is a new California law concerning minors at drug labs. The effect it will have on drug lab processing is still being determined. BILL NUMBER: AB 3392

CHAPTERED 09/25/96

phencyclidine, when the crime occurs in a structure where any child under 16 years of age is present or causes a child under 16 years of age to suffer great bodily injury or death, shall be punished by an additional term of imprisonment in the state prison, as specified.

BILL TEXT CHAPTER 871

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

FILED WITH SECRETARY OF STATE SEPT. 25, 1996 APPROVED BY GOVERNOR SEPTEMBER 24, 1996 PASSED THE ASSEMBLY AUGUST 31, 1996 PASSED THE SENATE AUGUST 29, 1996 AMENDED IN SENATE AUGUST 28, 1996 AMENDED IN SENATE JULY 2, 1996 AMENDED IN SENATE JUNE 18, 1996 AMENDED IN ASSEMBLY MAY 13, 1996

SECTION 1. Section 11379.7 is added to the Health and Safety Code, to read: 11379.7. (a) Except as provided in subdivision (b), any person convicted of a violation of subdivision (a) of Section 11379.6 or Section 11383, or of an attempt to violate subdivision (a) of Section 11379.6 or Section 11383, as those sections relate to methamphetamine or phencyclidine, when the commission or attempted commission of the crime occurs in a structure where any child under 16 years of age is present, shall, in addition and consecutive to the punishment prescribed for the felony of which he or she has been convicted, be punished by an additional term of two years in the state prison. (b) Any person convicted of a violation of subdivision (a) of Section 11379.6 or Section 11383, or of an attempt to violate subdivision (a) of Section 11379.6 or Section 11383, as those sections relate to methamphetamine or phencyclidine, where the commission of the crime causes any child under 16 years of age to suffer great bodily injury, shall, in addition and consecutive to the punishment prescribed for the felony of which he or she has been convicted, be punished by an additional term of five years in the state prison. (c) As used in this section, “structure” means any house, apartment building, shop, warehouse, barn, building, vessel, railroad car, cargo container, motor vehicle, housecar, trailer, trailer coach, camper, mine, floating home, or other enclosed structure capable of holding a child and manufacturing equipment. (d) As used in this section, “great bodily injury” has the same meaning as defined in Section 12022.7 of the Penal Code.

INTRODUCED BY Assembly Members Weggeland, Brulte, Battin, and Granlund (Coauthors: Assembly Members Aguiar, Alpert, Bowen, Harvey, Hoge, Kaloogian, Machado, Margett, Kevin Murray, Rainey, Richter, Setencich, and Speier) (Coauthors: Senators Ayala, Costa, Haynes, Leslie, and O’Connell) FEBRUARY 23, 1996 An act to add Section 11379.7 to the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL’S DIGEST AB 3392, Weggeland. Controlled substances. Existing law prohibits the manufacture of controlled substances and the possession of certain precursors of controlled substances with the intent to manufacture those controlled substances. This bill would provide that any person convicted of violating these provisions, or of an attempt to violate these provisions, as the provisions relate to methamphetamine or

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(submitted by Mark Kalchik)

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 1 — JANUARY 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CALIFORNIA PROPOSES TO PLACE EPHEDRINE, PSEUDOEPHEDRINE TO SCHEDULE II OF HEALTH AND SAFETY CODE AB 141 Controlled substances. BILL NUMBER: AB 141 INTRODUCED 01/16/97 BILL TEXT INTRODUCED BY Assembly Members Runner and Pacheco JANUARY 16, 1997 An act to amend Sections 11055, 11351, 11351.5, 11370.2, 11370.4, 11377, 11378, 11379, 11379.8, and 11383 of, and to add Sections 11377.1, 11378.1, and 11379.1 to, the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL’S DIGEST AB 141, as introduced, Runner. Controlled substances. (1) Existing law categorizes controlled substances into 5 schedules and places the greatest restrictions on those contained in Schedule I. This bill would include in Schedule II the substances ephedrine and pseudoephedrine. This bill would impose a state-mandated local program by creating new crimes with respect to ephedrine and pseudoephedrine. (Emphasis added) (2) Under existing law, every person who possesses for sale or purchases for purposes of sale heroin or cocaine shall be punished by imprisonment in the state prison for 2, 3, or 4 years. Every person who possesses for sale or purchases for purposes of sale cocaine base shall be punished by imprisonment in the state prison for 3, 4, or 5 years. This bill would provide that a person convicted of any of these offenses shall be punished by imprisonment in the state prison for 3, 4, or 5 years. (3) Existing law provides that any person convicted of the unlawful possession for sale, transportation, importation, sale, or furnishing of, or certain related offenses involving amphetamine or methamphetamine shall receive a 3-year enhancement for each prior felony conviction of specified controlled substances offenses. This bill would make this enhancement also applicable to convictions involving immediate precursors to amphetamine and methamphetamine, including, but not limited to, ephedrine and pseudoephedrine. By expanding the scope of an existing punishment enhancement, the bill would impose a state-mandated local program.

VOLUME 7 NUMBER 1 — JANUARY 1997

(4) Existing law provides that persons convicted of the unlawful possession for sale, transportation, importation, sale, or furnishing of, or certain related offenses involving methamphetamine, amphetamine, or phencyclidine shall receive additional terms of imprisonment in state prison, depending on the weight or volume of the substances involved in the offense. This bill would make this provision also applicable to the analogs of methamphetamine and amphetamine, and would make the unlawful manufacture of methamphetamine, amphetamine, or phencyclidine subject to these additional terms of imprisonment in state prison, depending on the weight or volume of the substances involved in the offense. By expanding the scope of an existing punishment enhancement, this bill would impose state-mandated local program. (5) Under existing law, every person who possesses methamphetamine is guilty of a misdemeanor or a felony and shall be punished by imprisonment in a county jail for not more than one year or in the state prison for 16 months, or 2 or 3 years. This bill would make a violation of this provision a felony punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. By increasing the penalty for an existing crime, this bill would impose a state-mandated local program. The bill also would provide that whenever a court grants probation to a person convicted of this offense, in addition to any other conditions of probation that may be imposed, the court shall order the person to pay a specified fine or to perform community service. (6) Under existing law, every person who possesses for sale methamphetamine shall be punished by imprisonment in the state prison for 16 months, or 2 or 3 years. This bill would provide that a person convicted of this offense shall be punished by imprisonment in the state prison for 3, 4, or 5 years. (7) Under existing law, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to commit any of these acts with respect to methamphetamine shall be punished by imprisonment in the state prison for 2, 3, or 4 years.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION This bill would provide that a person convicted of this offense shall be punished by imprisonment in the state prison for 3, 4, or 5 years. (8) Existing law provides that persons convicted of the manufacture, production, or preparation of, or certain related offenses involving specified controlled substances, including, but not limited to, certain analogs of phencyclidine, and amphetamine and methamphetamine, shall receive additional terms of imprisonment in the state prison, depending on the weight or volume of the substances involved in the offense. This bill would make this enhancement also applicable to convictions involving immediate precursors to amphetamine and methamphetamine, including, but not limited to, ephedrine and pseudoephedrine. By expanding the scope of an existing punishment enhancement, the bill would impose a state-mandated local program.

(9) Existing law provides that any person who possesses specified chemicals at the same time with the intent to manufacture methamphetamine is guilty of a felony and shall be punished by imprisonment in the state prison for 2, 4, or 6 years. This bill would increase the time of imprisonment in state prison for these offenses to 3, 5, or 7 years. (10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

INTERNET UPDATE: NEW CHEMICAL COMPANY LIKELY SOURCE FOR DIVERTED CHEMICALS Recent postings to the news groups alt.drugs.chemistry and rec.drugs.chemistry suggest a new chemical company and its sister company, Chemical Resale of Santa Barbara and National Chemical Resale, have opened for business. With veiled attempts to establish themselves as legitimate chemical wholesalers, it doesn’t take much imagination to decipher what these companies are about by looking at their product list. Even though the owner, Tom Kasper, claims to have a legal staff working for him and advising him in the propriety of selling certain chemicals, he has made initial offers to sell anthranilic acid (a listed chemical) and DMT (a controlled substance). At this time, there have been no reports of encountering chemicals from these two suppliers at any clandestine lab. Further, it is not know what the suppliers labels look like. If you seize a laboratory using chemicals from either of these two companies, contact Roger A. Ely at (415) 744-7051. Be sure to take good photos of the labels and look for bills of sale.

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From: [email protected] Newsgroups: alt.drugs.chemistry,rec.drugs.chemistry Subject: CHEMICALS FOR SALE Date: Tue, 17 Dec 96 17:05:32 GMT Organization: Chemical Resale of S.B. Lines: 97 Mr. Lehman: Thank you for your recent posts to A.D.C. and R.D.C.. Please accept my apology for my sharp retort (chemistry humor) to your original posting. A.D.C. and R.D.C. seem ideal places to post, because it seems these are groups attract researchers, researchers who by the way have trouble obtaining products or are forced to pay outrageous prices for the products necessary to their work. At this point, nobody has asked me for my ship to records, although I do keep a database of all my customers. For me, the database is part of my business, because at some point in the near future, I will send mailings to these addresses. Chemical Resale of Santa Barbara is making effort to sell only to researchers. It is true that ORDERS LESS THAN $100.00 are more prone to diversion because payment can be made via casheirs checks or money orders. For this reason I have devised a system where I send an “information” sheet with each order. This “information sheet” clearly states the terms and conditions of sale. Additional terms and conditions adorn the shipping box and the individual containers of chemicals. One must tear through several terms and conditions labels to get to the chemicals inside. The end result is that the end user is ultimately responsible for how he/she uses the chemicals purchased from Chemical Resale of Santa Barbara. I state again that I wish to do business ONLY WITH LEGITIMATE RESEARCHERS. I feel terrible that certain determined individuals have figured out ways purchase chemicals for illigitimate uses. The only way I can think of to stop this from happening without cutting off legitimate research would be shut down private mailbox services, eliminate paper money and make every cargo delivery driver a policeman and set up agencies to police the cargo police etc. etc. etc. I will take this opportunity to list all the chemcials offered by Chemical Resale of Santa Barbara to readers of A.D.C. and R.D.C. who are engaged in research...

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 1 — JANUARY 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION ACETIC ACID (Glacial 99.5%) Tech, 5 gallons ................. $99.95 BENZOCAINE U.S.P. 1 ounce ................................... $92.85 BENZOCAINE U.S.P. 1 pound .................................. $212.00 gamma-BUTYROLACTONE, reagent 500 grams ...................... $99.99 gamma-BUTYROLACTONE, reagent 2,500 grams ................... $400.00 CAFFEINE U.S.P. 500 grams ................................... $97.00 CHLOROFORM, reagent ACS 1 pint .............................. $96.00 CHLOROFORM, reagent ACS 20 litres .......................... $350.00 DEXTROMETHORPHAN HYDROBROMIDE 10 grams ...................... $99.95 DEXTROMETHORPHAN HYDORBROMIDE 100 grams .................... $450.00 IODINE CRYSTALS 1 pound ..................................... $92.00 LIDOCAINE HYDROCHLORIDE, U.S.P. 1 ounce ..................... $99.95 LIDOCAINE HYDORCHLORIDE, U.S.P. 1 pound .................... $275.00 LITHIUM wire in oil, 100 grams ............................. $242.00 LITHIUM ALUMNIUM HYDRIDE (95+%) 25 grams .................... $97.00 LITHIUM ALUMNIUM HYDRIDE (95+%) 100 grams .................. $212.00 MERCUROUS CHLORIDE, reagent 4 ounces ........................ $69.00 NITROMETHANE, reagent (shipping surcharge) 1 pint ........... $99.95 PALLADIUM on BARIUM SULFATE 5% reagent 10 grams ............. $97.00 PALLADIUM on BARIUM SULFATE 5% reagent 100 grams ........... $550.00 PALLADIUM on CARBON 5% reagent 100 grams ................... $450.00 PALLADIUM on CARBON 10% reagent 5 grams ..................... $97.00 PALLADIUM on CARBON 10% reagent 100 grams .................. $750.00 PILOCARPINE HYDROCHLORIDE (98%) 5 grams ..................... $97.00 PILOCARPINE HYDROCHLORIDE (98%) 25 grams ................... $350.00 PROCAINE HYDROCHLORIDE U.S.P. 1 ounce ....................... $92.00 PROCAINE HYDORCHLORIDE U.S.P. 1 pound ...................... $325.00 RANEY NICKEL 500 grams ..................................... $175.00 SUCCINIC ACID, reagent 1 pound .............................. $97.00 TROPINE (98+%) 50 grams .................................... $268.00 Orders less than 2,500 grams include $10.00 for shipping. Add $5.00 for each 2,500 grams thereafter. California residents add 7.75% tax Orders under $100.00 may be paid by money order, cashiers check or business or personal check. Orders over $100.00 must be paid for by personal or business check... If you need a chemcial not listed in this post, please e-mail or “snail mail”. Include the name and amount of the desired chemical. E-mail with your needs for quantity orders to get best prices. [email protected] Send orders to: Chemical Resale of Santa Barbara 6 Harbor Way Suite #171 Santa Barbara, CA 93109-2353 ================================ From: [email protected] Newsgroups: alt.drugs.chemistry,rec.drugs.chemistry Subject: DXM, DEXTROMETHORPHAN FOR SALE Date: Mon, 16 Dec 96 21:32:01 GMT Organization: Chemical Resale of S.B. Lines: 32 Chemical Resale of Santa Barbara now offers dextromethorphan hydrobromide Dextromethorphan hydrobromide 10grams ....................... $97.00 Dextromethorphan hydrobromide 100grams ..................... $495.00 Please add $10.00 shipping and handling for orders less than 2.5 kilograms. Add $5.00 for each 2.5 kilograms thereafter. California residents add sales tax. A list of chemicals sold by Chemical Resale of Santa Barbara is available for $1.00 Orders under $100.00 may be paid by cashiers check, money order or personal check. Orders over $100.00 must be paid by personal or company check. Products sold by Chemical Resale of Santa Barbara are sold for research use only. Products are not for food, drug or medicinal use... send orders to: Chemical Resale of Santa Barbara 6 Harbor Way Suite #171 Santa Barbara, CA 93109-2353 fax (805)687-1347 phone (805)682-1583 inquiries to: [email protected]

VOLUME 7 NUMBER 1 — JANUARY 1997

===================== Subject: LAH and Methamphetamine Date: Mon, 30 Dec 96 04:08:31 GMT Organization: Chemical Resale of S.B. Lines: 53 So, I keep getting e-mail from wood-bees claiming that some of the chemicals that I sell are “restricted” because they could be used to manufacture methamphetamine or other illegal drugs. This is just plain ol’ bull! I hate to keep complaining about this, but please check for yourself. NONE OF THE CHEMICALS OFFERED FOR SALE BY CHEMICAL RESALE OF SANTA BARBARA ARE RESTRICTED OR WATCHED OR MONITORED IN ANY WAY!!!! If you want to order chemicals from me or any other chemical company here are some tips to insure that you will be served with a minimum of hassle. 1) Use your computer to generate some letterhead for yourself. Remember, YOU ARE A RESEARCHER. PERHAPS YOU RESEARCH CHEMICAL INTERACTIONS AS A HOBBY IN YOUR GARAGE. PERHAPS YOU OWN YOUR OWN RESEARCH COMPANY ETC. In either case, your letterhead should reflect your interest. for example, I might design letterhead that said Tom Kasper Research Laboratory with a P.O. box address (because my research is confidential, as is my home address). 2) Cover your own butt! Write a letter stating that you are researcher and that you want to order (fill in here with your needs). THINK ABOUT IT! WE ARE ALL RESEARCHERS OR HOBBYISTS! 3) If you are concerned about the legality of MY activities or YOUR activities, get real information from the govt. The govt. (Fed. State or Local) is always happy to share info. about the bizallion laws on record, particularly those dealing with chemicals. You are not required to disclose what you will do with “unrestricted” chemicals to anybody at any time, however, most chemical sellers feel better knowing that their chemicals are going to legit. users, that is, researchers who take themselves seriously enough to take the time to make letterhead proclaiming their interest or line of work. Chemical sellers do not need to know the spacifics of your research, and have no right to ask for such information. Chemical sellers are morally obligated to sell only to legit. users so HELP US OUT, WHILE HELPING YOURSELF! If you are not already, make yourself a legit. member of the “research community”. Do your work in a scientific way. Get familiar with the Chemistry library at your local university. Perhaps take some organic chem. classes or buy a chem. text etc. OVERZELOUS GOVT. ENFORCERS CANNOT CONVICT YOU FOR HAVING AS PRESTIGOUS A HOBBY AS CHEMICAL RESEARCH. YOU DON’T HAVE TO BE A PHD WITH A BAZILLION DOLLAR LABORATORY TO BE A LEGIT RESEARCHER!!!! YOU ARE ALLOWED TO RESEARCH THE NATURE OF CHEMICALS AND CHEMICAL REACTIONS, AND TO VERIFY FOR YOURSELF THAT WHICH HAS BEEN DOCUMENTED BY RESEARCHERS BEFORE YOU, AND YOU CAN LEGALLY DO THIS WHEREVER YOU WANT (provided you are not violating fire/health/zoning laws, so rent a p.o. box in an industrial area, after all, that is where you conduct your research isnt it?). IF YOU CANNOT UNDERSTAND THIS POST, DONT ORDER CHEMICALS FROM ME OR ANYBODY ELSE!!! Happy Holidays, Tom Kasper d.b.a. Chemical Resale of Santa Barbara =================== From: [email protected] Newsgroups: alt.drugs.chemistry,rec.drugs.chemistry Subject: Red Phosphorus Legal Status Date: Fri, 03 Jan 97 20:19:18 GMT Organization: Chemical Resale of S.B. The great State of California is afraid of red Phosphous. More to the point, the great State of California is afraid of what might be done WITH red phosphorus... Lots of individuals have e-mailed me with requests for pricing on this item. Here is the scoop (no pun intended): The state of California has “controlled” red phosphorus as follows: a) No mailorder sales. b) Purchaseres of red phosphours must show valid CALIFORNIA i.d. at the time of purchase. I am happy to sell red phosphorus to all individuals who feel that they can deal with the afore listed controls. Price is as follows: Phosphorus, red, purified, 16 ounces ....................... $135.00 Of course, the State gets an additional 7.75% sales tax. If you want to purchase this item, contact me to schedule payment and pick-up date... Please note that THESE ARE NOT MY RULES, THEY ARE STATE LAW. IF YOU ARE UNHAPPY ABOUT SAME, COMPLAIN TO THE STATE!! Best wishes to all readers of A.D.C. and R.D.C. for a happy and prosperous (not phosphorus[State law humor]) new year, and thank you to all readers who have chosen Chemical Resale of Santa Barbara as their chemical supplier!

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION =================== From: [email protected] Newsgroups: alt.drugs.chemistry,rec.drugs.chemistry Subject: QUESTIONS FOR D.E.A. OFFICER? Date: Mon, 27 Jan 97 05:42:22 GMT Organization: Chemical Resale of S.B. Samson: Is that you saying you are a D.E.A. officer? At any rate, if there is a D.E.A. officer or officers who are reading a.d.c./ r.d.c., I have some questions which I would like answered. I have already asked my legal staff the same questions. I am going to comapre answers... 1) Is there any “listing” or any control or reporting necessary for sales of 2,5-dimethoxyphenethylamine? 2) Same question for alpha-methyltryptamine? 3) If my company stays below “threshold” quantites of “listed” chemicals am I still required to get a D.E.A. “number” (I don’t have one now and don’t plan to get one). Thank you in advance officer! Perhaps other readers have questions re: legal issues of research chemistry. Chemical Resale of Santa Barbara would be happy run legal questions past our lawyers and compare the answers to answers from D.E.A. officer(s) who read a.d.c./ r.d.c... Lets get some discussion going! Thanks again, Tom Kasper d.b.a. Chemical Resale of Santa Barbara =================== From: [email protected] Newsgroups: alt.drugs.chemistry,rec.drugs.chemistry Subject: BUY CHEMS ANNON SOON! Date: Mon, 27 Jan 97 07:22:02 GMT Organization: Chemical Resale of S.B. Lines: 24 I (Tom Kasper d.b.a. C.R.S.B.) am just recovering from the flu, so if you e-mailed me and got a strange reply, or no reply try again! I am thinking clearly and I will be back at the office computer to answer all questions. If you ordered chemicals from C.R.S.B. and have not recd. them yet, please be patient, we are 2 days behind, but will have ALL pending orders shipped by close of business monday! HERE IT IS! The C.R.S.B. legal staff met with me today (sunday) to confirm that a “sister company” to C.R.S.B. is almost ready to open. This company will NOT be located in California! Here are the facts: 1) The new company will be for BULK purchases ONLY (orders over $500.00) 2) The new company will have LOWER PRICES 3) The new company will ACCEPT PAYMENT BY CASH, MONEY ORDER, CASHIERS CHECK PERSONAL/BUSINESS CHECK I will post details toward the beginning of nest week! Thank you again a.d.c./r.d.c.! I want to help your research activities in any way I can, so feel free to e-mail me with questions and comments! Tom Kasper d.b.a. Chemical Resale of Santa Barbara and National Chemical Resale =================== From: [email protected] Newsgroups: alt.drugs.chemistry,rec.drugs.chemistry Subject: ANTHRANILIC ACID ERROR! SORRY! Date: Thu, 30 Jan 97 00:12:30 GMT Organization: Chemical Resale of S.B. The OVERPAID legal staff contracted to C.R.S.B. !#*@-up! I offered a D.E.A. “listed” chemical for sale, which, if I had shipped would have put me in jail! I am, pardon my language, PISSED! Any way, I only got one order which I did not ship! Please take this off the list of chemicals offered for sale by C.R.S.B.. Here is the correct list...

CHLOROFORM, reagent ACS 1 pint .............................. $96.00 CHLOROFORM, reagent ACS 20 litres .......................... $350.00 CHROMIUM OXIDE (III), purified, 16 ounces ................... $99.95 DEXTROMETHORPHAN HYDROBROMIDE 10 grams ...................... $99.95 DEXTROMETHORPHAN HYDORBROMIDE 100 grams .................... $450.00 2,5-DIMETHOXYPHENETHYLAMINE, reagent, 100 grams ............ $450.00 FORMALDAHYDE, reagent, 1 gallon ............................. $55.00 HYDROBROMIC ACID, reagent, 4 liters ........................ $275.00 HYDROCHLORIC ACID, reagent, 2.5 liters ...................... $35.00 IODINE CRYSTALS 1 pound ..................................... $92.00 INDOLE, 100 GRAMS .......................................... $184.50 LIDOCAINE HYDROCHLORIDE, U.S.P. 1 ounce ..................... $99.95 LIDOCAINE HYDORCHLORIDE, U.S.P. 1 pound .................... $275.00 LITHIUM wire in oil, 100 grams ............................. $242.00 LITHIUM ALUMNIUM HYDRIDE (95+%) 25 grams .................... $97.00 LITHIUM ALUMNIUM HYDRIDE (95+%) 100 grams .................. $212.00 MERCUROUS CHLORIDE, reagent 4 ounces ........................ $69.00 METHANOL, reagent, 4 liters ................................. $30.00 METHYLENE CHLORIDE, reagent, 4 liters ..................... ..$55.00 alpha-METHYLTRYPTAMINE, 1 gram ............................. $140.00 NITROMETHANE, reagent (shipping surcharge) 1 pint ........... $99.95 PALLADIUM on BARIUM SULFATE 5% reagent 10 grams ............. $97.00 PALLADIUM on BARIUM SULFATE 5% reagent 100 grams ........... $550.00 PALLADIUM on CARBON 5% reagent 100 grams ................... $450.00 PALLADIUM on CARBON 10% reagent 5 grams ..................... $97.00 PALLADIUM on CARBON 10% reagent 100 grams .................. $750.00 PHOSPHORUS, red, purified, 16 ounces ....................... $175.00 PILOCARPINE HYDROCHLORIDE (98%) 5 grams ..................... $97.00 PILOCARPINE HYDROCHLORIDE (98%) 25 grams ................... $350.00 POTASSIUM HYDROXIDE, reagent, 5 pounds ...................... $55.00 POTASSIUM PERMANGANATE, food grade, 500 grams ............... $85.00 PROCAINE HYDROCHLORIDE U.S.P. 1 ounce ....................... $92.00 PROCAINE HYDORCHLORIDE U.S.P. 1 pound ...................... $325.00 RANEY NICKEL 500 grams ..................................... $175.00 SODIUM HYDROXIDE, reagent ACS, 5 pounds ..................... $60.00 SUCCINIC ACID, reagent 1 pound .............................. $97.00 TETRAHYDROFURAN, reagent, 1 pint ............................ $90.00 TETRAHYDROFURAN, reagent, 20 litres ........................ $600.00 TROPINE (98+%) 50 grams .................................... $268.00 These chemicals are sold for research purposes ONLY! They are not for medicinal, food or drug use, nor are they for use in explosives or fireworks of any kind!! California state law says that orders under $100.00 may be paid via money order, cashiers check, or personal/business check. Orders over $100.00 (not including shipping) must be paid via personal/ business check. Please note: I did not make this up! This is Calif. state law... California residents please add 7.75% sales tax. Shipping: Add $15.00 for orders with chemical weight up to 2,500 grams. Add $5.00 for each additional 2,500 grams or portion there-of. Orders, questions or comments should be directed to: Tom Kasper d.b.a. Chemical Resale of Santa Barbara [email protected] 6 Harbor Way Suite #171 Santa Barbara, CA 93109-2353 C.R.S.B. has recently aquired a great new supplier who specializes in custom laboratory glassware. If you need quality glass, drop me a line for a prompt quotation! =================== From: [email protected] Newsgroups: alt.drugs.chemistry,rec.drugs.chemistry Subject: OXYMETAZOLINE HCL Date: Thu, 30 Jan 97 22:07:34 GMT Organization: Chemical Resale of S.B. What is oxymetazoline HCL. I was paid for a will call on 2 pounds of this chemical over 6 months ago for pick up that week. I cannot reach the customer and he has not tried to get in thouch with me! What is this stuff? I will refund the purchaseres money if he gets in touch with me. Meanwhile, I will accept reasonable bids on this chemical! Tom Kasper d.b.a. Chemical Resale of Santa Barbara [email protected] 6 Harbor Way Suite #171 Santa Barbara, CA 93109-2353

ALIQUAT 336 PHASE TRANSFER CATALYST, 1 liter ............... $181.00 AMMONIUM CHLORIDE, reagent, 3 kilograms ..................... $90.00 ACETIC ACID (Glacial 99.5%) Tech, 5 gallons ................. $99.95 AMMONIA GAS, anhydrous, in a lecture cylinder, 2 pounds .... $425.00 BENZOCAINE U.S.P. 1 ounce ................................... $92.85 BENZOCAINE U.S.P. 1 pound .................................. $212.00 gamma-BUTYROLACTONE, reagent 500 grams ...................... $99.99 gamma-BUTYROLACTONE, reagent 2,500 grams ................... $400.00 CAFFEINE U.S.P. 500 grams ................................... $97.00

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 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 1 — JANUARY 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION ===================

The 2,500 grams size MUST be paid for by personal or business check ONLY! This is California state law.

From: [email protected] Newsgroups: alt.drugs.chemistry,rec.drugs.chemistry Subject: gamma-Butyrolactone Date: Mon, 03 Feb 97 05:03:01 GMT Organization: Chemical Resale of S.B.

Send orders to: Chemical Resale of Santa Barbara 6 Harbor Way Suite #171 Santa Barbara, CA 93109-2353

Chemical Resale of Santa Barbara is once again LOWERING ITS PRICE FOR gamma-Butyrolactone. The new price is: 500 grams, reagent grade .................................... $90.00 2,500 grams, reagent grade ................................. $310.00 Add $15.00 shipping and handling. California residents add 7.75% sales tax. You may purchase the 500 gram size by money order, cashiers check or personal or business check.

Inquiries to: Tom Kasper (owner) [email protected] Want to talk to me on the phone? phone number.

E-mail me with a request for my

LAB SEIZURES TRENDS IN MEXICAN NATIONAL COOKS Iodine - Phosphorus In September of 1996, Special Agent Harry Rhodes of the California Department of Justice, San Jose Bureau of Narcotic (BNE) office interviewed a Mexican National methamphetamine cook regarding the method in use at that time, with hydriodic acid getting so difficult to acquire. The cook related that for each 22-liter flask, 15 pounds of ephedrine, 15-20 pounds of iodine, 2.5 gallons of water and 2.5 pounds of red phosphorus were used. The water, iodine, and phosphorus are mixed separate from the flask in a 5-gallon bucket and then added to the flask. The cook cautioned that one must be very careful when mixing the water, iodine, and phosphorus as this is very exothermic. If the liquid is not going to be used immediately, only 0.5 pounds of red phosphorus is added to the water and iodine, with the remaining 2 pounds of phosphorus being added at the time of the cook. Coleman Fuel In December of 1996, Criminalists from the CA DOJ-Watsonville lab and the San Jose BNE office assisted the San Jose Police Department in the investigation of a burned clandestine methamphetamine laboratory. The laboratory was located in a large motor home, parked in the driveway of a house in a predominately Hispanic area of San Jose. The interior of the motor home was gutted by fire. However, due to the rapid response of the San Jose Fire Department (fire station was one block away), significant evidence of clandestine drug manufacture remained. Among the items recovered from the motor home interior was a commercial hydrogen chloride gas cylinder and the burned remains of a 55-gallon plastic barrel. The plastic barrel was melted and burned to within 14 inches of the floor and contained what appeared to be a wet sludge of sodium hydroxide with a thin

VOLUME 7 NUMBER 1 — JANUARY 1997

red crust. There was no spigot at the base of the barrel. Also recovered from the motor home interior were ten sealed 5-gallon white plastic buckets. Two of the buckets contained an acidic red liquid, probably methamphetamine in solution, and the remaining eight buckets contained what appeared to be Coleman fuel. Criminalists and agents determined through investigation and reconstruction that this clandestine laboratory was using Coleman fuel as an organic solvent in place of Freon, and the 55-gallon barrel was being used as a separatory tank. No spigot was necessary at the bottom of the barrel as Coleman fuel is lighter than water and will form the top-layer when mixed with the basic methamphetamine solution. While Coleman fuel has been used as a solvent in the smallerscale “American National” laboratories, the use of Coleman Fuel as a solvent is something new and adds a truly dangerous element to an already hazardous situation. Special Agent Harry Rhodes San Jose BNE Julie Doerr CA DOJ Lab — Watsonville

NEW CLANDESTINE LABS IN POLAND During the course of an investigation against street level distributors of amphetamines, the Warsaw Police Department received information about the possible illegal manufacture of amphetamines in the Chemistry Department at Warsaw University. The suspected “cook” was identified as a Warsaw University lab technician. Concurrently, the Drug Division of the Polish National Police (PNP) HQ developed information from one of their sources which coincided with the Warsaw Police information.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION A long-term investigation ensued which confirmed the above intelligence. The continued investigation led to the discovery of a laboratory site and the identification of two major criminal groups and an additional clandestine lab site. Initially, eight street dealers were arrested. Subsequently, on September 23, 1996, a chemist was arrested, “red handed,” in the laboratory facilities of the Warsaw University during the production of phenylacetone (P2P). Following these arrests, on October 23, 1996, a raid operation was conducted by the Warsaw Police at a clandestine lab site located in a remote area approximately 80 km from Warsaw. The laboratory was involved in the production of P2P and amphetamine. This action resulted in the arrest of three producers, the seizure of laboratory equipment, precursor chemicals, chemical waste, and 1.5 kg of finished amphetamine sulphate. The method of synthesis of P2P applied in both clandestine labs was based on the condensation of benzyl cyanide with ethyl acetate in the conditions of anhydrous base catalysis. The method involves a complex and hazardous reaction (there is a risk of fire and the substrate is highly poisonous). The reaction stages are: ✔ preparation of anhydrous ethyl alcohol ✔ obtaining sodium ethoxide from the reaction of absolute ethanol and metallic sodium ✔ generation of a carboanion from benzyl cyanide and sodium ethoxide ✔ obtaining cyanide ketone from the reaction of the carboanion with ethyl acetate ✔ decarboxylation hydrolysis of the cyanide ketone with the use of phosphoric acid resulting in P2P The synthesis of amphetamine sulphate was done with the use of Leuckart’s method, which is the most popular method of obtaining amphetamine in clandestine labs in Poland. It initiates from P2P as the precursor and ammonium formate, usually accompanied by formic acid in order to carry out the first stage of the reaction — obtaining the N-formylamphetamine. The second stage is carried out in the same flask and involves the acidic hydrolysis of N-formylamphetamine to amphetamine hydrochloride. The amphetamine is purified and transformed to amphetamine sulphate. Waldemar Krawczyk Central Forensic Laboratory of the Police — Warsaw, Poland Kazimierz Piekos HQ of National Police, Drug Division — Warsaw, Poland

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ONE OF A KIND COOK IN IOWA Recently, the Iowa Clandestine Laboratory Team was called upon to seize a suspected methamphetamine laboratory in a basement of a house. Upon entering, a very nice, small chemistry laboratory was found with the usual glassware and numerous unknown solids and liquids. Chemistry books, MSDS and stock bottles were all stored in an orderly fashion. A 500 ml separatory funnel was found to contain an amber colored liquid. The inventory of chemicals began to reveal, however, that this was not just a methamphetamine lab. When all the examinations of the samples, invoices and various documents were completed, I concluded the individual had manufactured methcathinone and 4-methylaminorex. The amber colored solution was from the conversion of codeine to morphine using boron tribromide. Numerous other chemicals found at the scene could be linked to the manufacture of methamphetamine using the methods found the Secrets of Methamphetamine Manufacture. Interest in making MDA and MDMA was indicated by chemicals and Internet recipes present at the scene. The individual had purchased Fuel Tablets containing hexamine (hexamethylenetetramine), and reference for using this compound was in recipes for methylamine HCl and MDA, both from the Internet. Nila Bremer IA Criminalistics Laboratory — Des Moines, IA

OKLAHOMA DELUGED WITH LABS IN 1996; INFORMATION SOUGHT ON CHEMICAL COMPANY We finally got through 1996 with record levels of clandestine lab activity, the final total was approximately 126 clandestine labs. We found a couple of labs synthesizing MDMA and methamphetamine labs primarily using the red phosphorus/ pseudoephedrine method. The “Nazi method” did not surface in Oklahoma. Several of these methamphetamine labs were very significant in size, but the majority were set up to produce only a couple of ounces. We started the year with about 5 or 6 labs a month but finished up with 15-20 a month on the average. As of this writing (Jan 21st), we have had almost one a day in 1997. We served a search warrant on Mid-America Chemical Company here in Oklahoma City and we believe they have been a major source of chemicals in clandestine labs over the last year or so. If any other readers have seen their chemicals or labels in their cases, I would like to forward on this information to our local DEA office. DEA is going to review our cases and photo’s for evidence of Mid-America Chemicals, and it would be helpful

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION to know of any cases outside of Oklahoma where their chemicals have been found. Please contact me at (405) 427-5421.

3. 4.

Richard Dill OSBI Crime Lab – Oklahoma City, OK 5.

LITHIUM / AMMONIA LABS IN MISSOURI

6.

In 1996 the Southeast Missouri Region (18 counties) has documented 53 clandestine laboratories all but 1 have been using the sodium or lithium reduction method. Recently we have seen primarily lithium labs and attribute this to the easy access of lithium. None of these labs have been very large. Most still seem to be producing for themselves, friends and a little to sell on the side. We did have one red phosphorus / HI lab, but the cook was from Arkansas. There seems to be a steady increase in the number of labs taken each month and the local task force says this is because they are choosing to work labs almost exclusively. Pamela Johnson SEMO Regional Crime Lab – Cape Girardeau, MO

7.

8.

“COOK” SHOWS HIS STUFF IN COLORADO The Aurora Police Department lab recently encountered evidence of a methcathinone lab. A toluene solution of “cat” oil, glassware containing an acidic semi-solid, and a bag of potassium hydroxide were seized. Information was obtained that the suspect had a lab in his apartment. Patrol officers confiscated this evidence, took photos of chemicals present, and failed to forward this information to the lab or narcotics officers. To make a long story short, the photos didn’t come out and we still don’t know what chemicals were seen. Methcathinone was confirmed on the tubing attached to the glassware. A survey of Colorado labs indicated that methcathinone has not been encountered in street samples even though there have been several inquiries about purchasing the chemicals associated with cat manufacturing. I recently had the opportunity to debrief a longtime meth cook who was willing (court ordered willingness... the best kind!) to share his secrets with several of us law enforcement people. The purpose of this debriefing was to obtain the information that we don’t usually get from these cooks. This is just a portion of the information shared with us during the debriefing. The cook was allowed to setup a “typical” meth cook and describe his process. He preferred to make his meth using a “near-dry” technique. 1. 2.

Use a “euro” style flask (volumetric flask) Add the ephedrine, red phosphorus, 75% of the iodine, and 1 to 2 tablespoons of water.

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9.

Heat the reaction with a torch (actually used a hot plate for our demo). Reaction produced very small quantities of white smoke and later yellow smoke. The reaction turned into a dark brown liquid and was cooked for 15 minutes. When the smoked turned slightly yellow he then added the last 25% of the iodine and stirred the flask waiting for a puff of yellow or red smoke. Assuming the reaction was done, he filtered the reaction and preferred to add solid NaOH to the filtrate. When the reaction turned light yellow he knew that enough base had been added (we checked w/ pH paper). He then chose petroleum ether for the extraction. He stated that he would siphon the liquid but we let him use a separatory funnel. He stated he would use Epsom salts which had been heated in an oven (300° for 15 minutes), to dry his meth oil. He prefers to use a HCl cylinder but toward the end of his career, the cylinders were getting too expensive and he would usually generate his own gas. When asked how, he knew when he had added enough HCl to his meth, he stated “when the solid starts turning yellow instead of white. He showed us how he determines if the cook was finished. He took a small amount of product and melted it on a piece of glass (microscope slide). He then waited for the material to resolidify. If the solid formed pinwheel or wagon wheel crystals then the product still contained some ephedrine but if the crystal feathered out then the product was good meth. This batch showed both crystal shaped and a mixture of ephedrine and methamphetamine was seen via GC/MS. He then stated he would recrystallize his product so he could sell whatever form was popular at the time. He said that acetone, water, and alcohol would form the good “glass” meth and that he used chloroform, methanol, and what ever he could get his hands on.

Interestingly, none of the characteristic impurities were seen in the final product.He also described (and will show us) his chloroephedrine route. What was interesting about this procedure was his hydrogenation method. He uses a large distillation column which he has sanded on one end and fitted this end into a 3 inch (80 mm) glass fritted funnel (Buchner). The hydrogen cylinder would then be attached to the bottom of the funnel and Pd/BaSO4 along with the chloroephedrine would be poured down the column into the funnel. Finally, water was added and the hydrogen was slowly bubbled up through the mixture. He monitored the reaction by putting an aquarium temperature strip along the distillation column. He stated that if he would cook at night, he could see sparks coming of the top of the water in the dark! When asked why Pd/BaSO4, he stated because it sinks in water. If Pd/BaSO4 wasn’t available then Pd/C would be used with alcohol or methylcellusolve. He didn’t like doing it this way because it caught fire a lot!

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION He also spoke of a method that he has only done 2 or 3 times and each time it was with someone else who was showing him how. This method, according to him, produces ephedrine and is popular in Los Angeles. He referred to this method as the Molasses method. He also recalled the name “Newberg fermentation” method in a 1937 edition of the Merck Index. One-half a liter of benzaldehyde was mixed with 0.5 liter of molasses, and a handful of small round gray beads. The mixture was placed inside a water bottle and fixed with a tube leading to some water. The mixture was allowed to bubble for 2 weeks. The mixture was filtered and the liquid allowed to evaporate. The solid was washed with small amounts of acetone to clean up the material. This was the supposed to be the ephedrine. It appears that there may be some truth to this method but he wasn’t as familiar with this route as he was with the others. The manufacturing of ephedrine via a benzaldehyde fermentation is known [1] and can be found in section P-30, Volume 3, Structure-Activity Relationships, Synthesis, Precursor Preparation and Analysis of Methylenedioxyamphetamine and its Analogs and Homologs monograph presented at the 4th Annual Technical Training Seminar, Vancouver, BC, Canada. 1.

Hoover, F. W., and Hass, H. B., “Synthesis of 2-Amino-1Phenyl-1-Propanol and Its Methylated Derivatives”, Journal of Organic Chemistry, Volume 12, Number 4, July 1947.

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DISSOLVING METAL REDUCTION LAB FOUND IN DENVER; AMENDMENTS TO COLORADO LAW PROPOSED Colorado encountered a “NAZI” type lab last week here in the Denver metro area. Because of the investigation, most of the details are not available yet. Descriptions of the evidence found indicated the method being used was a dissolving metal reduction route. Colorado’s legislature started the new session last week and I sent in a list of amendments to Colorado’s Uniform Controlled Substances Act. Among those amendments were the following: 1. Correct the spelling on the misspelled words in the act. 2. Add 14 drugs and precursors which have either been scheduled under federal law or are routinely encountered as drug lab evidence. These included iodine, phosphorus, hypophosphorus acid, butyrolactone, alpha-ethyltryptamine, 2C-B, etc. 3. To establish the mailing of precursor chemicals into or out of the state of Colorado be a criminal offense. This was based on many cases where we have received precursors which have been mailed and also based on the hazardous nature of the chemicals and the covert nature of their transportation. Tim McKibben Aurora PD Crime Lab – Aurora, CO

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

WHEN IS A CONFINED SPACE NOT A CONFINED SPACE? JAMES W. COUNTS Occupational Health and Safety November 1996, pg. 55 - 58

UNDERSTANDING OSHA’S CRITERIA MAKES IT EASY TO CLASSIFY CONFINED SPACES. A RULE OF THUMB: OSHA PROTECTS WORKERS IN PERMIT SPACES FROM ALL HAZARDS. In January 1993, after years of debate, the Occupational Safety and Health Administration issued its Confined Space Entry Standard (29 CFR 1910.146). This new regulation took effect April 14, 1993. Even though the standard has existed for nearly four years, there is still confusion as to what constitutes a confined space. Some safety and health professionals are using the criteria established by the National Institute for Occupational Safety and Health or the American National Standard Institute for a confined space. Both of these organizations’ criteria were rejected by OSHA. OSHA believed that these and other standard-setting groups did not focus sufficiently on non-atmospheric hazards. The agency was of the opinion that the NIOSH criteria and other industry standards concentrated primarily on air contaminants and oxygen-deficient atmospheres. For example, both the 1979 NIOSH Criteria Document and ANSI Z117.1-1989 require atmospheric testing before entry into a confined space, even though those standards also recognize that some such spaces will pose mechanical and physical hazards rather than atmospheric hazards. (See Federal Register vol. 58, no. 9, Jan. 14, 1993). OSHA specifically elected to deviate from the approaches taken by NIOSH and ANSI in establishing the criteria of a confined space. In so doing, OSHA wanted to indicate clearly that the regulation was intended to protect employees from exposure to all permit space hazards. A permit-required confined space (permit space) is one that meets the requirement of a confined space and also presents a health or safety hazard. OSHA is required by law (Section 6 (b)(8) of the OSH Act of 1970) to explain why a regulation differs significantly from existing national consensus standards. The agency must publish a statement of the reasons why the rule adopted will better serve the purposes of the act than the national consensus standards. A full explanation of why OSHA did not employ the NIOSH or ANSI recommendations is contained in Section III, the summary and explanation of the standard, in the preamble of the regulation. As an example of the difference, NIOSH defined the term confined space to mean: ✔ a space which by design has limited openings for entry and exit, ✔ unfavorable natural ventilation which could contain or produce dangerous air contaminants, and

VOLUME 7 NUMBER 1 — JANUARY 1997

✔ the space is not intended for continuous employee occupancy. OSHA, on the other hand, has characterized a confined space as: ✔ having adequate size and configuration for employee entry; and ✔ having limited means of access or egress, and ✔ not being designed for continuous employee occupancy. The word “and” was purposely attached to each of these statements by the agency. OSHA wanted to emphasize that all of these conditions must be present to have a confined space. This is exactly what the word “and” means. By definition, “and” means all events must be present for the outcome to occur. Therefore, if any one of these events is not present, then the situation does NOT meet the OSHA criteria for a confined space. Two of the three requirements for both organizations are basically the same These are the ones that address continuous employee occupancy and limited means of access or egress. Note, however, that the OSHA criteria do not have as part of their requirements any statement about atmospheric conditions. As mentioned above, the reason for this deviation was to ensure that all safety and health hazards were addressed by 1910.146. OSHA does discuss the topic of hazardous atmospheres under the heading of permit-required confined spaces. Once the safety and health professional determines that the space meets the 1910.146 confined space requirements, the next step is to decide whether or not this is a permit-required confined space. To have a permit space at least one of the following conditions must be present: ✔ It contains or has the potential to contain a hazardous atmosphere; ✔ It contains a material that has the potential for engulfing a worker; ✔ It has an internal configuration that might cause a worker to be trapped or asphyxiated by inwardly converging walls, or by a floor that slopes downward and tapers to a smaller cross- section, or ✔ It contains any other recognized serious safety or health hazard. The permit-required confined space is built on the concept of the word “or.” The word means any one of these conditions, any combination of the conditions, or all of the conditions will make the confined space a permit space.

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION ATMOSPHERIC HAZARDS As reported by OSHA, most confined space deaths and injuries are caused by atmospheric hazards. The agency has classified these hazards into three groups: toxic, asphyxiating, and flammable or explosive atmospheres. The reason for doing this was to account for their differing effects. Within the preamble of the standard, OSHA defines the term hazardous atmosphere as an atmosphere that may expose employees to the risk of death, incapacitation, impairment of ability of self-rescue, serious injury, or acute illness due to: ✔ flammable gas, vapor, or mist in excess of 10 percent of the lower flammable limit (LFL); ✔ airborne combustible dust at a concentration that exceeds its LFL; ✔ atmospheric oxygen concentration that is less than 19.5 percent or greater than 23.5 percent; ✔ atmospheric concentration of any substance for which a dose or a permissible exposure limit is published in Subpart C or Subpart Z of 1910 and that could result in employee exposure above the pertinent dose limit or permissible exposure limit; and ✔ any other atmospheric condition recognized as immediately dangerous to life or health. Focusing only on the dangers associated with atmospheric hazards will create tunnel vision when dealing with confined space hazards. This means the safety and health professional can miss the hazards associated with engulfment or mechanical

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hazards. Fortunately, applying OSHA’s confined space criteria will reduce this potential. When reviewing potential confined spaces, the safety and health professional needs to ask these three questions: ✔ Is there limited assess and egress to the space? ✔ Is there adequate size and configuration for an employee to enter? ✔ Is the space not designed for continuous employee occupancy? If the answer to all three of these questions is yes, then a confined space exists. The next step is to decide whether this is a permit-required confined space. Once again, a simple test can be applied. ✔ Does a potential for a hazardous atmosphere exist? ✔ Is there the potential for engulfment of the worker? ✔ Does the space have the potential to cause the worker to be trapped? ✔ Do any other recognized safety or health hazards exist in the space? If the professional can respond yes to any one of these items, then a permit-required space exists. Permit-required confined spaces require special work practices. If there are permit spaces in the workplace, the employer is compelled to inform exposed workers of the existence, location, and dangers associated with these spaces. The employer must also have a written program for permit-required confined spaces.

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 1 — JANUARY 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

WHAT NIOSH’S NEW RESPIRATOR CERTIFICATION REGULATION MEANS FOR YOU SHIRLEY A. CONIBEAR Occupational Health and Safety November 1996, pg. 28-35 While OSHA regulates the circumstances of respirator wear, such as fit testing, training requirements, medical approval and substance-specific action levels determining when to wear them, the National Institute for Occupational Safety and Health is responsible for the testing and certification of all types of respirators that are commercially available. On June 8, 1995, NIOSH published a final rule changing its certification requirements for particulate respirators. This new set of regulations is contained in 42 CFR 84, also referred to as “Part 84.” Except for particulate filter respirators, most requirements of the old regulation (30 CFR 11) are incorporated into the new regulation without change. It is expected that this is the first in a series of changes NIOSH will institute to its respirator testing and certification program. Although the regulation became effective on July 10, 1995, until further notice OSHA will allow the continued use of Part 11 certified particulate filter respirators. NIOSH will allow a threeyear period for phasing out Part 11 approved particulate respirators. Respirators certified under Part 11 may be sold until July 19, 1998. NIOSH is no longer accepting applications for approval or extensions of approval under the old standard. Part 84 certified respirators will have to pass a more demanding and rigorous certification test than those certified under Part 11. The Part 11 respirator certification was promulgated in 1912, but some of its particulate filter certification tests dated from the Bureau of Mines Procedures developed in the 1930s. Part 84, the new standard, incorporates knowledge gained in the development of many new technologies in filters, testing, and measurement methods. The recognition of new workplace

Table 1 single-use dust / mist respirators dust / mist respirators dust / mist / fume respirators radon daughter respirators pesticide pre-filters paint spray pre-filters VOLUME 7 NUMBER 1 — JANUARY 1997

hazards, particularly multiple drug resistant tuberculosis, has also stimulated this change. Under Part 11, HEPA filters were the only respirator approved for health care workers in protecting themselves from exposure to TB. This was unnecessarily costly for the health care industry. The new standard will give the industry a greater choice of appropriate respirators at a lower cost.

FILTER SELECTION Part 84 test procedures have been chosen so that, once certified, filters can be used for every particle size, eliminating one of the variables in respirator selection. Protection factors will still be dependent on facepiece configuration. All of the types of respirators or filters listed in Table 1 will be affected. They will be replaced by the nine new classes of respirators, which are shown in Table 2. Because this new filter classification does not give guidance as to when to use each efficiency level, NIOSH will be issuing a guideline to supplement its Respirator Decision Logic. Filters for powered-air purifying respirators (PAPRs) are not affected by this standard change, except that requests for new filter approvals for use with PAPRs will be accepted only with high-efficiency (HEPA) filters. No requests will be accepted or approvals given under Part 84 for PAPRs with dust/mist or dust/ fume/mist filters. Part 84 provides for the nine classes of filters to include three levels of filter efficiency and three categories of “resistance to filter efficiency degradation.” The three levels for filter efficiency are 95 percent, 99 percent, and 99.91 percent. The three categories of resistance to filter efficiency degradation are “N” for not resistant to oil, “R” for resistant to oil, and “P” for oil-proof. The selection of the category of filter depends on the presence or absence of oil particles in the work atmosphere, regardless of what substance you are protecting against. N series filters cannot be used if oil particles are present. R filters may be worn for only one shift if oil is present, and P filters may be reused in either an oil or a non-oil containing atmosphere. N and R series filters may be reused in non-oil containing environments, but R series may not be reused once they’ve been used in an oil containing environment. The selection of filter efficiency depends on how much filter leakage can be accepted, given the hazard. The higher the filter efficiency, the lower the filter leakage. The service life of filters

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Table 2 Minimum Efficiency

Non-oil Aerosols

Includes Oil Aerosols*

Includes Oil Aerosols

95 percent

N95

R95

P95

99 percent

N99

R99

P99

99.97 percent

N100

R100

P100

* May have a time use restriction on this filter series when oil areosols are present.

in all three categories of filter efficiency degradation are limited by practical considerations of hygiene, damage, and breathing resistance. A new sequence of approval numbers beginning with the letters TC-84A-xxxx will be used to reference non-powered particulate respirators certified under Part 84. These respirators will have a label bearing the NIOSH and Department of Health and Human Services (DHHS) emblems, whereas respirators approved under Part 11 have the emblems of NIOSH and MSHA. This is the easiest way to remember how to tell them apart. PAPRs for particulates certified under the new Part 84 will continue to be numbered as previously. Some color code changes will also occur. OSHA has not issued any statements regarding how long after the three-year phase-in period the old respirators may continue to be used out of stock. It is expected some reasonable period of time to use up old respirators will be allowed. However, it makes sense to begin making the change-over prior to this time to allow for a smooth transition.

WAITING FOR NIOSH AND OSHA Respirator manufacturers are beginning to respond to the new certification standard and new products will be available on the market well before the end of the three-year period.

Until NIOSH gives further guidance on how to select among the efficiency types, though, little can be done. NIOSH has given specific guidance in selecting among the new respirators to those who are using respiratory protection for tuberculosis. All nine classes of non-powered air-purifying particulate filter respirators certified under Part 84 meet or exceed the CDC filtration efficiency performance criteria for tuberculosis. The 95 and 99 percent efficiency filters are expected to be less expensive and, in some cases, more comfortable than the old Part 11 HEPA-filter respirators. Current OSHA policy permits the use of any Part 11 certified HEPA filter or any Part 84 particulate filter for protection against tuberculosis. More specific guidelines await the completion of a final OSHA TB standard including respiratory protection regulations. NIOSH has not yet offered more specific guidelines for selecting among the efficiency ratings for filter types, except to say that the 99.97 percent filter is the equivalent of a HEPA filter. NIOSH’s decision chart for selecting a particulate filter based on Part 84 testing is displayed in Figure 1. As previously, filters protecting against particulate may be used in combination with those for solvents or other organic vapors. This new standard does not mean that existing respirators are inadequate or that they fail to protect workers. Some existing respirators will undoubtedly be modified, and others will be replaced by respirators of a new configuration. Depending on a given company’s application, this will probably mean refit testing and training for its workers. You may choose to phase in the new respirators with new hires and refit test old workers when their annual exam comes due. After July 10, 1998, only particulate respirators approved under 42 CFR 84 can be sold by manufacturers. This is only the first in a series of changes NIOSH expects to make to its respirator standard, so be alert for future modifications to the standard.

Figure 1 Flow Chart for Selecting Part 84 Particulate Filters Choose filter efficiency (i.e., 95%, 99%, 99.97%) Yes or unknown Yes or unknown

Will the filter be used more than 8 hours?

Use P series filter

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Does areosol contain oil?

No

No

Use N series, R series, or P series filter

Use R series or P series filter

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 1 — JANUARY 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 7 NUMBER 3 — JULY 1997

IN THIS ISSUE ... Las Vegas Metropolitan Police Crime Laboratory Looking For Forensic Chemist With Clandestine Laboratory Investigation Experience ............................................. 2 Member-At-Large Candidate Statement .............................................. 2 New Applicants For Association Membership ..................................... 3 Internet Update: Another Online Chemical Company Surfaces ........... 4 Recipe Exchange .................................................................................. 4 “Cook” Fails Chem 101; Hydrogen Sulfide Fatality ............................ 5 Mehul B. Anjaria and Hiram K. Evans Hypophosphorous Acid Use Increases at California Clandestine Methamphetamine Labs .............................................. 6 Jerry Massetti, M.S. Lab Seizures ......................................................................................... 7 California Legislation: SB 148 Methamphetamine: Manufacture: Death Equated To Murder ........................................................... 11 United States v. Magallon .................................................................. 12

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner. For more information concerning the Journal, contact the Editor.

Association Officers President: Tim McKibben Aurora Police Crime Laboratory 15001 E. Alameda Aurora, CO 80012-1592 (303) 739-6229 Vice-President: Terry A. Dal Cason DEA North Central Laboratory 536 S. Clark Street Room 800 Chicago, IL 60605-1525 (312) 353-3640 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab 6014 North Cedar Fresno, CA 93710-5856 (209) 278-7732 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105-2043 (415) 744-7051 Past-President: Norman Kemper Arkansas State Crime Lab PO Box 5274 Little Rock, AR 72215-5274 (501) 227-5747 Executive Board Members: Nick Dawson Arkansas State Crime Lab PO Box 5274 Little Rock, AR 72215-5274 (501) 227-5747 Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LAS VEGAS METROPOLITAN POLICE CRIME LABORATORY LOOKING FOR FORENSIC CHEMIST WITH CLANDESTINE LABORATORY INVESTIGATION EXPERIENCE Las Vegas Metropolitan Police Department Las Vegas, Nevada

Minorities and females are encouraged to apply. The Department offers an excellent benefit plan which includes 100% employer-paid retirement; 3 weeks paid vacation per year; 13 paid holidays; medical, dental and vision care coverage. The State of Nevada has no state income tax. The LVMPD is an equal opportunity employer and is full accredited by the Commission on Accreditaion for Law Enforcement Agencies.

CRIMINALIST II (Salary: $46,767 to $61,541 annually) Position requires employee to perform a variety of scientific laboratory analyses on physical evidence to provide scientific consultation; interpret results and form conclusions; prepare reports; and testify as an expert witness. POSITION REQUIRES SPECIALIZED EXPERIENCE IN CLANDESTINE LABORATORY RESPONSE AND CONTROLLED SUBSTANCE ANALYSES. Minimum qualifications include a Bachelor’s degree from an accredited college or university with major course work in criminalistics, forensic science, chemistry, biology, or a related field, including 24 semester hours of chemistry, AND three years of professional research and practical experience working in a forensic laboratory, including court testimony as an expert witness. All recruitments are open until a sufficient number of applications for qualified candidates are received. College transcripts must accompany completed application and supplemental application which can be obtained from:

MEMBER-AT-LARGE CANDIDATE STATEMENT KATHY WILCOX – OREGON STATE POLICE CRIME LAB “The Oregon State Police Crime Lab in Coos Bay is a three person lab on the south central coast of Oregon. The area is fairly isolated and, yet, only a two-hour drive from the busy Interstate 5 corridor that runs thought the interior of Oregon. So, it seems that whatever new clandestine drug trend happens north, south, or even east or west of us seems to find its way to our beautiful coastal area. I have been responding to these clandestine drug labs for nearly ten years. I am continually assisting, advising and training the area’s law enforcement officers in the processing of clandestine labs. I am also a member of the state’s Clandestine Laboratory Response Team technical group. “The point of this long introduction is that I really believe in the mission of the CLIC Association. I have been an active member since the first meeting in 1991 and would like to be further involved as a Member-at-Large.”

Las Vegas Metropolitan Police Department Peronnel Bureau 400 East Stewart Avenue Las Vegas NV 89101 (702) 229-2497 Monday thru Friday, 8:00AM to 4:00PM

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes ............................. OSP Forensic Laboratory - Portland, OR ................................................ (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab - Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................Aurora PD Crime Lab - Aurora, CO ....................................................... (303) 739-6229 O. Carl Anderson ....................Kansas Bureau of Investigation Lab - Great Bend, KS .......................... (316) 792-4353 Jason Freed ..............................National Medical Services - Willow Grove, PA ..................................... (215) 657-4900 Jerry Massetti ..........................CA DOJ Crime Lab – Fresno, CA ........................................................... (209) 278-7732 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452 Rodney Norris .........................ESR Forensics - Aukland, NZ ................................................................. 649-815-3670 Peter Vallely ............................ J. Tonge Centre for Forensic Science - Brisbane, Australia ................... 617-3274-9031

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 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 3 — JULY 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

NEW APPLICANTS FOR ASSOCIATION MEMBERSHIP The following individuals have submitted applications for consideration to become members of the Association. Please take a few moments to exam the names on the list. If you should note anyone you feel would be unsuitable for membership in the Association, please contact Pamela Johnson, Membership Secretary, at by email at [email protected] or by telephone at (573) 651-2221.

APPLICANTS FOR ASSOCIATE MEMBERSHIP: Heinz, Brian ............. Office Emergency Services / CA Spec. Training Inst., San Luis Obispo, CA King, Kenneth .......... Arkansas State Crime Laboratory, Little Rock, AR Nwako, Reuben ........ National Drug Law Enforcement Agency, Falomo Post Office, Ikoyi, Nigeria Oswalt, Rodney ........ CA DOJ - Bureau of Forensic Services, Sacramento, CA Pearson, Bryan ......... California Specialized Training Institute, San Luis Obispo, CA

APPLICANTS FOR REGULAR MEMBERSHIP Andera, Kevin ......... San Bernardino Co. Crime Lab, San Bernardino, CA Baisz, Terry .............. Orange Co. Sheriff’s Lab, Santa Ana, CA Banks, Rhonda ......... OSP Forensic Laboratory, Springfield, OR Branum, Gary ........... Sedgewick Co. Regional Forensic Science Center, Wichita, KS Burdich, Linda ......... Arkansas State Crime Lab, Little Rock, AR Cutler, Rachel ........... Bureau of Forensic Services, Pocatello, ID Good, Shannon ......... DEA Southwest Laboratory, National City, CA Ingram, Joseph ......... OSP Forensic Laboratory, Portland, OR

VOLUME 7 NUMBER 3 — JULY 1997

Kern, Blaine ............. San Bernardino Co. Crime Lab, San Bernardino, CA Koch, Carez Andre ... Forensic Science Lab of the South African Police, Pretoria, So. Africa Larsen, Fred .............. Independence PD Crime Lab, Independence, MO Lee, Jennifer ............. DEA Southwest Laboratory, National City, CA Lee, Ken ................... San Bernardino Co. Crime Lab, San Bernardino, CA Lovas, Eva ................ Eastern Nebraska Forensic Lab, Omaha, NE Malone, James .......... DEA Southwest Laboratory, National City, CA Matty, William ......... San Bernardino Co. Crime Lab, San Bernardino, CA McKinnis, Karen ...... MO Highway Patrol Lab, Springfield, MO Mirra, Paul ............... San Bernardino Co. Crime Lab, San Bernardino, CA O’Meara, Melissa ..... MA State Police Lab, Sudbury, MA Phelan, Clay P. ......... DEA Southwest Laboratory, National City, CA Pigou, Paul E. ........... Forensic Science Services, Adelaide, S.A., Australia Popejoy, Sid .............. MO Highway Patrol Lab, Jefferson City, MO Skiles, Sarah T. ........ Jefferson Co. Regional Crime Lab, Beaumont, TX Smith, Jerry D. ......... Eastern Nebraska Forensic Lab, Omaha, NE Venter, Casper .......... So. African Police Service Forensic Science Lab, Strand, So. Africa Whittle, Philip R. ..... MO SSC Regional Crime Lab, Joplin, MO Willers-Russo, Lynn J. .... LA Country Sheriff’s Crime Lab, Los Angeles, CA Wisam, Maroge ........ DEA Southwest Laboratory, National City, CA

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

INTERNET UPDATE: ANOTHER ONLINE CHEMICAL COMPANY SURFACES Yet another chemical company has advertised on the Internet using the alt.drugs.chemistry and rec.drugs.chemistry newsgroups. This company claims to be an agricultural supply company in Woodland, California. Woodland is about 25 miles northwest of the Sacramento area, in the heart of the agricultural region of California. As one respondent points out, the company has decided the Methamphetamine Control Act of 1996 restriction on iodine applies only to crystalline iodine and not solutions of iodine. The company is offering various quantities of ethanol solutions containing approximately 20% iodine by weight. This amounts to approximately 800 g of iodine dissolved in 4 liters of ethanol. Decanting this solution into a quantity of water containing red phosphorus would probably generate hydriodic acid in situ. In fact, a recent lab seized in the Vacaville area had several empty 4 liter containers with residual iodine in ethanol present. Portions of homemade labels created with a computer and color inkjet printer were found on the bottles and suggest Woodland AgSupply to be the source. If you encounter any product like this, please contact Roger Ely, Editor, at (415) 744-7051 or via email at [email protected] with details. From: Woodland Ag-Supply Newsgroups: alt.drugs.chemistry, rec.drugs.chemistry Subject: Your Source For Fine Chemicals Date: Fri, 6 Jun 1997 15:31:25 -0700 Organization: Woodland Ag-Supply Recent legislation has made it difficult to obtain certain necessary agricultural chemicals and supplies. Woodland Ag-Supply is pleased to announce the availability of solutions of iodine (20%) in ethanol in the following sizes and prices: 1 liter ............................ $50.00 4 liter ........................... $175.00 20 liter .......................... $900.00 In addition, Woodland Ag-Supply has available for immediate shipment the following: Red phosphorous, 100 g ............. $35.00 Red phosphorous, 500 g ............ $125.00 Red phosphorous, 1 kg ............. $225.00 Dimethyl sulfone, 500 g ............ $40.00 Dimethyl sulfone, 1 kg ............. $75.00 Dimethyl sulfone, 25 kg .......... $1700.00 Ammonia gas, 2 lb. bottle ......... $400.00 Sodium metal (lump), 500g ......... $125.00 Sodium metal (lump), 1 kg ......... $225.00 Lithium metal (wire), 100 g ....... $240.00 Lithium metal(wire), 500 g ....... $1100.00 Please contact us via email for price quotes on your chemical needs. Since we are a California business, current state regulations concerning chemical purchases may apply. California residents add 7.75% sales tax. Shipping costs not included. Deidra Woodland Ag-Supply

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From: [email protected] (Anonymous) Newsgroups: alt.drugs.chemistry, rec.drugs.chemistry Subject: RE: Your Source For Fine Chemicals Date: Fri, 8 Jun 1997 07:24:48 MET DST Organization: Replay and Company UnLimited On 6 Jun 1997 15:31:25 -0700, Woodland Ag-Supply : > > > > > >

Recent legislation has made it difficult to obtain certain necessary agricultural chemicals and supplies. Woodland Ag-Supply is pleased to announce the availability of solutions of iodine (20%) in ethanol in the following sizes and prices:

> 1 liter .......................... $50.00 > 4 liter ......................... $175.00 > 20 liter ........................ $900.00 Interesting way to circumvent the Federal restriction on sales of iodine crystals ... dissolve it in ethanol. 12th ed. Merck says about 21.43 g of iodine dissolves in 100 g of ethanol. Suppose you could dump you iodine solution in water, add phosphorous and have hydriotic acid ... then all you would need is the ephedrine. Or you could put it on your horse’s hoofs ... or not!

RECIPE EXCHANGE The 7th Annual CLIC Seminar in San Diego, CA, will feature a compilation of recipes recovered from clan lab scenes and investigations. This forum shares cryptic back-of-a-business card hieroglyphics that actually work, as well as, expansive ramblings about what yet another dreamer hopes bluing compound can be made into. Whether or not you are able to make it to San Diego for this year’s meeting, you can participate in the recipe exchange. A copy of the recipe compilation will be distributed to all CLIC member contributors regardless of attendance. Please, consider contributing copies of recipes or interesting notes found at your clan lab scenes. Submissions are perfectly acceptable in an unedited as discovered form. Desirable information you may wish to include are details about approximate date recovered and geographical origin. If you would like to receive feedback regarding the item you are submitting from the CLIC members that will be receiving the compilation, specify “Submitter Wants Feedback” and provide name and address, e-mail or fax/phone number. Arrangements will be made to accomodate duplicating recipes hand carried to the meeting. Submit recipes and notes to: Pamela Smith DEA Southwest Laboratory 410 W. 35th Street National City, CA 991950 (619) 498-0005 or (619) 498-0027 - fax

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 3 — JULY 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

“COOK” FAILS CHEM 101; HYDROGEN SULFIDE FATALITY MEHUL B. ANJARIA, CRIMINALIST AND

HIRAM K. EVANS, SUPERVISING CRIMINALIST / DEPUTY SHERIFF San Bernardino County Sheriff’s Department Scientific Investigations Division 200 South Lena Road San Bernardino, CA 92415-0056 A methamphetamine “cook” equipped with an APR apparently mistakenly attempted to salt out his finished product with hydrogen sulfide rather than hydrogen chloride, leading to his demise. On January 30, 1997, Criminalists Mehul B. Anjaria and Blaine M. Kern responded to a suspected clandestine drug laboratory in the Muscoy area of San Bernardino, CA. On arrival, they were directed by Sheriff’s Narcotics Detectives to the body of a deceased Hispanic male in his late twenties, lying supine on the driveway adjacent to what had been the garage, located to the rear of the residence. Near the body of the deceased was a half-face air purifying respirator (APR) equipped with organic vapor cartridges. The garage, converted to living quarters, had been previously entered by a Sheriff’s Sergeant wearing self-contained breathing apparatus (SCBA) only long enough to ascertain that no other victims/suspects were present and to note a gas cylinder, the open valve on which he was unable to close. Criminalists Anjaria and Kern donned protective clothing and SCBAs and entered the converted garage, noting a gas cylinder labeled “hydrogen sulfide” with ice formed on the bottom potion of the cylinder, indicating that the cylinder was freely discharging. The cylinder was connected via tubing to a 5 gallon bucket containing liquid, consistent with the final step of methamphetamine manufacture in which the drug is salted out using hydrogen chloride gas. Also present in the building were two-phase liquids, red phosphorus, hydriodic acid, lye, a mop bucket equipped with a press, and other items commonly associated with the clandestine manufacture of methamphetamine. Due to the hazardous nature of the environment, additional air cylinder for the SCBAs were requested. After conferral between the various law enforcement, fire department and Coroner’s representatives, it was decided to move the body of the deceased upwind from his original position to facilitate the examination of the body. Criminalists Anjaria and Kern processed the interior of the garage. Supervising Criminalist Hiram Evans and Forensic Specialist Karen Rice assisted the Deputy Coroner with an examination of the body of the deceased, including rolling set of inked fingerprints and recovery of his wallet. The wallet contained some peso notes and a California Driver’s License (CDL), although the CDL photograph did not particularly

VOLUME 7 NUMBER 3 — JULY 1997

resemble the victim. Forensic Specialist Rice also assisted in photographing the exterior of the scene. The inked fingerprints of the deceased were submitted to the Lab’s Cal-ID unit and subsequently identified as those of a Mexican National, but not the name given on the CDL. Hydrogen sulfide (H2S) is a colorless, heavier than air, flammable gas having the characteristic, pungent odor of rotten eggs. Vapor concentrations as low as 50 ppm in air cause toxic symptoms, 300 ppm is immediately dangerous to life and health (IDLH), and 1000-2000 ppm is usually fatal within minutes [1]. By the way of comparison, hydrogen cyanide (HCN) is also a colorless, flammable gas, having a characteristic faint odor, but in contrast is lighter than air, with a 50 ppm IDLH level. Fatal H2S poisoning may occur even more rapidly than following an exposure to similar concentrations of HCN as hydrogen sulfide does not combine with hemoglobin, but kills through respiratory paralysis [2]. Acid gas, organic vapor, and base cartridges generally utilized in APRs are marked to be used with hydrogen sulfide “for escape only.” While the odor of hydrogen sulfide is detectable at very low concentrations, it is an insidious irritant and chemical asphyxiant which fatigues the sense of smell. With the sense of smell fatigued, those exposed fail to get warning of high concentrations, leading to respiratory paralysis and sudden collapse [3]. Hydrogen sulfide has been used by Mexican National methamphetamine “cooks” for the clandestine manufacture of hydriodic acid and its is likely the deceased obtained it mistakenly for hydrogen chloride gas. Whether the “cook” obtained it on his own or through others is unknown at this time.

REFERENCES 1. 2. 3.

Clinical Toxicology of Commerical Products, Marion N. Gleason, Robert E. Gosselin, and Harold N. Page, Willaims & Wilkins Co., Baltimore, MD, 1957, p. 147. Dangerous Properties of Industrial Materials, N. Irving Sax, 2nd ed., Reinhold Pub. Co., New York, NY, 1963, p. 888. Merck Index, Susan Budavari, ed., 12th ed., Rahway, NJ, 1996, p. 823.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

HYPOPHOSPHOROUS ACID USE INCREASES AT CALIFORNIA CLANDESTINE METHAMPHETAMINE LABS JERRY MASSETTI, M.S. California Department of Justice Bureau of Forensic Sciences Laboratory 1704 E. Bullard Fresno, CA 93710 With increasing frequency, California crime lab personnel who process clandestine lab scenes are recognizing hypophosphorous acid, H3O2P, as a reaction ingredient at clandestine methamphetamine laboratory scenes. In August 1996, a Kern County criminalist reported H3O2P was being used to reduce ephedrine at a clandestine methamphetamine laboratory scene in that county [1]. Since then it has become apparent that H3O2P is being used in most parts of California. The great majority of H3O2P usage has been almost exclusively at “tweeker” league meth labs where gram-to-ounce size quantities of product are made at a time. Small disposable glassware, such as a canning jar or a beer bottle, is employed to contain the ingredients. No red phosphorous is used. The acid is simply poured onto the starting material and iodine crystals. Reportedly, as little as fifteen minutes of heat has been applied. Efficiency of the reaction procedure is unclear and has not been established from field observations. One chemist reported that a 12 liter round bottom flask contained a reaction mixture which utilized H3O2P. This large scale reaction using H3O2P is unusual. H3O2P has not been reported to be used as a reactant at large scale (multiple 22 L reaction vessel) methamphetamine laboratories whose investigations commonly associate operatives from Mexico. It has been observed to be used as a stabilizer for hydriodic acid that is clandestinely produced on a large scale by Mexican National operations. In those particular instances approximately 25 ml was added to 5 gallons of hydriodic acid (~52-57%, w/w). Chemical cash sales reported to the California Bureau of Narcotics Enforcement / Clandestine Lab Enforcement Program (BNE / CLEP) corroborate lab scene observations. Cash sales of chemicals in California exceeding one hundred dollars are required to be reported to BNE/CLEP. In about a two year period ending December 1996, the amount of H3O2P reported to this program has more than tripled from $18,844 to $60,383. One half liter of 50% H3O2P can be obtained for as little as $14.10.

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One chemical supply house in Southern California is reported to have sold H3O2P in containers bearing “Plating Solution” labels. In January 1992, Johnson reported containers of “Plating Solution” to contain a mixture of acids consisting mostly of hydriodic acid [2]. Subsequent to Kern County’s report of H3O2P’s use as a reactant last August, an informal poll of many crime labs in California was made. Most chemists / criminalists have not encountered or recognized H3O2P at a methamphetamine lab investigation. A number of chemists have stated that they actually have observed H3O2P at meth lab scenes, but did not consider it as a reaction ingredient and did not sample it at the time. Others have indicated that they were not aware of its usefulness for manufacturing methamphetamine. Others indicate that it would not be identified in their analytical procedures. Another reported that an unlabeled acidic solution containing phosphorus was retrieved from a scene, but was not characterized further. One 1 gallon size bottle of H3O2P was found at a clandestine methamphetamine lab fire scene. Methamphetamine lab scenes using H3O2P have been very common in Australia for a number of years. In 1995, Vallely described its use as a reactant [3]. Skinner discussed the reducing capacity of H3O2P at the 3rd Annual CLIC Seminar at Memphis (1993). Skinner and Oulton presented an analytical technique for the identification of H3O2P at the 5th Annual CLIC Seminar at Colorado Springs (1995).

REFERENCES 1. 2. 3.

JCLIC, Volume 6, Number 4, October 1996, page 13. JCLIC, Volume 2, Number 1, January 1992, page 10. JCLIC, Volume 5, Number 2, April 1995, pages 14-15.

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VOLUME 7 NUMBER 3 — JULY 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LAB SEIZURES

SAFETY ALERT Alkyl lithium reagents - organolithium reagents such as sec-butyllithium, methyllithium, and lithium aluminum hydride are used in several different types of chemical syntheses. These include alkylations, reductions, and lithiations (where a strong, non-nucleophilic base in needed). Most of these chemicals are not routinely encountered in illicit drug labs but, lithium aluminum hydride (aka LAH) has been encountered and would be expected to be the most commonly encountered reagent of this type. Most of these reagents are very moisture sensitive and often supplied as liquid solutions using hydrocarbon solvents, ether, THF, or DMF. Because of their extreme reactivity and their flammable solvent carriers, these reagents are very hazardous to handle. Methyllithium has been encountered recently here in Colorado in two drug labs. Methyllithium and butyllithium reagents are PYROPHORIC chemicals! This means that they will self-ignite when exposed to air. The solvent carriers compound the problem by providing a fuel that is flammable and may be explosive under certain conditions. If any of these chemicals are encountered in a drug laboratory, they should be removed with the upmost care. These types of chemicals should NOT be sampled, just photographed and removed for proper disposal. The danger associated with these chemicals is greatly increased in humid climates and the proper disposal should be carried out by a chemical contractor, hazardous materials unit, or a bomb squad. Tim McKibben Aurora PD Crime Lab – Aurora, CO

Peter Vallely John Tonge Centre for Forensic Sciences Brisbane, Australia.

BIRCH PRODUCT FROM METHYLAMPHETAMINE In the past two years this laboratory has examined four lithium-ammonia laboratories, the products of which appeared to contain minor levels (5–20%) of a component consistent with that described in J.C.L.I.C., Vol 7, No. 2, pp 7-10 in terms of EI spectrum and relative retention. These labs were all under the direction of the same operators and appeared to employed a process akin to that described by Dawson (J.C.L.I.C., Vol 5, No. 3, p 13 ) as the “Missouri - Arkansas” recipe. The source of pseudoephedrine was parallel in that tablets containing this material were ground and extracted with what at the time appeared to be denatured ethanol. Large glass cooking vessels recovered from the labs bearing pseudoephedrine residues suggested that these had been used to air-dry what appeared to have been ethanol extracts of the tablets. The source of the

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lithium was known to be from batteries. A reference spectrum of the Birch product was kindly forwarded to this lab from the State Forensic Science Centre, Melbourne and was found to compare closely to that generated from the seized samples. At this point a possible explanation for the appearance of this reduction product was put forward that the air drying of the pseudoephedrine was not carried out to completion and that residual ethanol may have been present in the pseudoephedrine at the time of its introduction to the condensed anhydrous ammonia. This explanation is not supported however when considered alongside the findings of Dawson where the pseudoephedrine was added in a concentrated ethanolic solution with no reduction product apparent. Some time after the completion of these cases a recipe known to be derived from the same group of operators was submitted to this lab for comment. In this a process for the extraction of pseudoephedrine from the tablets was described employing the dissolution of same in aqueous saturated sodium hydroxide solution followed by extraction into diethyl ether. This ether extract was then to have HCl bubbled through it and be dried over sodium sulphate. Upon the removal of the drying agent the ether solution was introduced to the condensed ammonia - lithium solution. Upon completion the reaction was to be quenched with water. This information served to place in doubt our initial interpretation of the extraction apparatus previously examined and hence it is uncertain as to the conditions under which the methamphetamine samples containing the Birch product had been synthesised.

NTP SUMMARY REPORT ON THE METABOLISM, DISPOSITION AND TOXICITY OF 1,4-BUTANEDIOL (CAS NO. 110-63-4) Chemical Formula: C4H10O2 1,4-Butanediol is an industrial chemical used in the manufacture of other organic chemicals. It was nominated by the National Cancer Institute and selected for evaluation by the NTP because of high production volume, the potential for worker exposure, the lack of adequate toxicological characterization, and the lack of evaluation for carcinogenic potential. As documented in the scientific literature, 1,4-butanediol is rapidly absorbed and metabolized to γ-hydroxybutyric acid in animals and humans. A metabolism and disposition study

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION conducted in F344/N rats by the NTP confirmed the rapid and extensive conversion of 1-[14C]-1,4-butanediol to 14CO2. Because of this rapid and extensive conversion, the toxicological profile of 1,4-butanediol reflects that of γ-hydroxybutyric acid. γ-Hydroxybutyric acid is a naturally occurring chemical found in the brain and peripheral tissues which is converted to succinate and processed through the tricarboxylic acid cycle. Although the function of γ-hydroxybutyric acid in peripheral tissues is unknown, in the brain and neuronal tissue it is thought to function as a neuromodulator. γ-Hydroxybutyric acid readily crosses the blood-brain barrier, and oral, intraperitoneal, or intravenous administration elicits characteristic neuropharmacologic responses. These same responses are observed after administration of 1,4-butanediol. The lactone of γ-hydroxybutyric acid, γ-butyrolactone, is also rapidly converted to γ-hydroxybutyric acid by enzymes in the blood and liver of animals and humans. γ-Butyrolactone was previously evaluated by the NTP in 14-day and 13-week toxicology studies and 2-year toxicology and carcinogenesis studies in F344/N rats and B6C3F1 mice. No organ-specific toxicity occurred in the toxicology studies. In the carcinogenesis studies, an equivocal response occurred in male mice, based on a marginal increase in the incidence of pheochromocytomas of the renal medulla. Because of the rapid and extensive conversion of γ-butyrolactone to γ-hydroxybutyric acid, the evaluation of γ−butyrolactone was in fact an evaluation of γ-hydroxybutyric acid. This summary report presents a review of the current literature which documents that both 1,4-butanediol and γ-butyrolactone are rapidly metabolized to γ-hydroxybutyric acid, and the pharmacologic and toxicologic responses to these chemicals are due to their metabolic conversion to γ-hydroxybutyric acid. Because the toxicity and carcinogenicity of γ-hydroxybutyric acid was fully evaluated in the NTP studies of γ-butyrolactone, and a lack of organ-specific toxicity or carcinogenic potential was demonstrated, it is concluded that there is a high likelihood that 1,4-butanediol would be negative in a similar set of studies. For these reasons, it is the opinion of the NTP that 1,4-butanediol should be considered not carcinogenic in animals and no further evaluation of 1,4-butanediol is needed at this time. Synonyms: Butanediol, butane-1,4-diol, 1,4-butylene glycol, 1,4-dihydroxybutane, 1,4-tetramethylene glycol, butylene glycol, tetramethylene 1,4-diol Report Date: May 1996

HASH OIL VESSEL FROM FAR NORTH QUEENSLAND The apparatus illustrated [see photo] was recently submitted to this lab for examination in relation to a cannabis sativa extraction case. The vessel was constructed from what had originally been a 10-gallon stainless steel beer keg. One end had been removed, fitted with two machined circular faces and then drilled to allow a ring of bolts to hold the sections together, thus forming a high pressure seal. The lid section had been further modified to incorporate a water jacket to act as a condenser. An electrical heating element was set into the base of the device, the power to which was regulated by an external controller. The two gauges visible on the side allowed the temperature and pressure inside the container to be monitored while the two pipelike fittings sitting vertically between these gauges housed a high pressure relief valve and a ball valve. A drum of dichloromethane was recovered from this site along with a small quantity of diethyl ether. These solvents had not been encountered in “hash oil” operations previously examined in this laboratory - isopropanol being the solvent most commonly used for this purpose. One could be forgiven for thinking Australian cooks have an obsession for things beer-related: see J.C.L.I.C., Vol.5, No. 4, p. 7, J. White “Underground Lab …” Peter Vallely John Tonge Centre for Forensic Sciences Brisbane, Australia.

NTIS# PB97-108161 Source: http://ntp-server.niehs.nih.gov/htdocs/ST-studies/TOX054.html

(Note: Several drug exhibits represented as containing GHB have been found to contain 1,4-butanediol.)

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VOLUME 7 NUMBER 3 — JULY 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION NO LYE No sodium hydroxide was found at a recent clandestine laboratory scene which was producing at least 30 pounds of methamphetamine. The operation used three 22-liter reaction vessels and procedures commonly associated with Mexican National operatives. Typically, several 50 pound bags of Oxychem brand “Soda Beads,” or a similar product, are present at such a scene. In this case, despite an abundance of other precursor and accessory items, there was nothing present at the manufacturing site useful for basifying acidic reaction mixtures. Apparently, ammonia had been used to basify two previous 22-liter reaction batches, prior to extracting them with freon which produced at least 35 gallons of bilayered liquids contained in two spigotted drums. Ammonia-like odors emanated from the those liquids. The upper aqueous layers tested at pH 8–9, consistent with ammonia in water. Dried methamphetamine product recovered from the scene smelled of ammonia when it was analyzed eight days later. A few milligrams of this product diluted in one milliter of water yielded pH 8–9. On the agricultural field adjacent to the manufacturing site, a 500-gallon container of liquified ammonia was plumbed into an irrigation ditch. It is possible that this ammoniated irrigation water was used to basify acidic reaction mixtures at the manufacturing scene. A third, very full, 22-liter round bottom flask containing hydriodic acid and red phosphorus reaction mixture was in active reflux at the manufacturing site. This solution would require a substantial amount of base to recover the methamphetamine being produced in it. No containers of unused ammonia or ammonia product were found at the scene, despite an abundance of other accessory chemicals and materials used to extract such reaction mixtures. The use of ammonia is unusual and has not been reported at large scale clandestine lab scenes associated with Mexican Nationals. Information about similar encounters with ammonia or other agricultural products being used at large scale clandestine methamphetamine laboratories would be appreciated by the author. Jerry Massetti CA DOJ Crime Lab – Fresno, CA

SEMO REGIONAL LAB BUSY This spring we have been working labs right and left. I’ve received a crystaline sample that the officers wanted me to confirm that it was red phosphorus. It was in fact a dichromate and after talking with the officer the other chemicals located at the house indicated a methcathinone lab. Further questioning revealed that the lab operator had a number of synthesis off of the internet. I have copies of these and will be sending them in to be archived.

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Another lab that I went on the owner was known to be a survivalist. He raised wolves and made pipe bombs in addition to making methamphetamine. The lab was split up into 2 locations. His home had mostly finished product and his exwife’s home had most of the chemicals. Three pipe bombs were located at the man’s home and one was located at the other house. There were 3 fake pipe bombs that contained drugs. We have had at least two other labs where books on how to make bombs and booby traps have been located, but to the best of my knowledge no devices have been encountered. Our primary method of manufacture in southeast Missouri has been primarily the lithium - ammonia reduction. The lithium is seen in the strips taken out of batteries and as cylinders stolen from a metal production operation. I believe the company works with chrome production. We are beginning to see the red phosphorus - HI method in one of our southwestern counties. This also happens to be where the methcathinone lab was located and is on the Arkansas line. Pamela Johnson SEMO Regional Crime Lab – CapeGirardeau, MO

MAJOR LABORATORY SEIZED NEAR QUEBEC CITY On May 21, 1997, Health Canada – Quebec Region aided the police in dismantling a clandestine laboratory in Ste. Brigitte de Laval near Quebec City. On the floor of the chalet, chemicals for manufacturing PCP were found in three caches which included 1.1 Kg of potassium cyanide, 1.4 Kg of sodium metabisulfite and 4 L of cyclohexanone. Two other caches contained 325 Kg of explosives. The accused are associated with an outlaw motorcycle club called the “Rock Machine,” who have been at war with the Hells Angels for the past several years. Approximately 8 g of PCP and 24 hits of LSD/PCP were also seized on the premises. In addition, residues of MDMA, MDP-2-P and ergotamine were identified. Since this seizure, the number of bombings against the Hells Angels has decreased enormously while the availability of PCP in Quebec has not diminished. A purchase receipt of $12,330.00 for 1 Kg of 2,5-dimethoxyphenethylamine suggests that NEXUS (4-bromo-2,5-dimethoxyphenethylamine) was intended to be manufactured. A list of required chemicals for the production of 4-methylaminorex was also found. Pierre. McMurray Health Canada Laboratory – Longueuil

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION SODIUM IODIDE – PHOSPHORIC ACID PREPARATION OF HI Some months back this laboratory was called on to attend a clandestine laboratory seizure where the HI / P reduction of pseudoephedrine was being utilized. An unusual preparation of hydriodic acid was encountered at this site involving the reaction of sodium iodide with phosphoric acid. The operator reported his method was to combine these reactants with excess water and then proceed to distill off a solution of approximately 40% HI (w/v). This solution was then more carefully redistilled with attention being paid to the temperature at which this distillate was collected, i.e., only the 127°C boiling fraction being retained. Density measurements indicated to him this was of the order of 57% HI. Examination of the site revealed empty sodium iodide containers totalling 250 Kg in weight. Several empty drums labelled “85% phosphoric acid” were present. Storage bins of extracted pseudoephedrine tablet residues totalling in excess of 60 Kg were also recovered. This method of HI production was subsequently reproduced in this laboratory using apparatus similar to that used at the original site. Recovery calculations based on sodium iodide indicate the major reaction proceeds as follows: NaI + H3PO4

HI + NaH2PO4

This work was carried out with some haste owing to court deadlines in connection to this matter and could not be described as rigorous or comprehensive however recoveries of the order of 70% based on sodium iodide were achievable. Peter Vallely John Tonge Centre for Forensic Sciences Brisbane, Australia.

SUSPECTED METHAMPHETAMINE BRICK ACTUALLY SODIUM METAL Kansas has just documented the first “Nazi” type laboratory in the state. Following a traffic stop the Kansas Highway Patrol trooper seized what he belived to be a multi-pound brick of methamphetamine. Upon interviewing the suspect he had cause to believe the “methamphetamine” he had seized, and placed in his patrol vehicle, was actually metallic sodium. The Kansas Bureau of Investigation responded to his request for assistance, sampled the material and arranged for disposal. It was noted that the brick of material weighed in excess of 600 grams. Little trouble was encountered in handling the partially duct tape covered material, until it began to rain. The presence of metallic sodium was strongly indicated at that time! The brick was approximately 4" X 4" X 8", contained in plastic wrap, covered with duct tape. The object was apparently

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longer than 8" and had been sliced to that length, with no attempt made to cover the exposed 4" X 4" face. The face was covered with a powdery, white material with an appearance consistent with sodium metal exposed to air. The white material was easily penetrated with a spatula, exposing a stiff putty like material consistent with sodium metal. The final method of disposal of the item is unknown. The DEA hazardous material disposal vendor from Oklahoma City was contacted to deal with the material. Upon arrival they promptly dumped the brick into kerosene for transport. O. Carl Anderson KS Bureau of Investigation Lab – Great Bend

LARGE NAZI LAB SEIZED BRITISH COLUMBIA On April 11, a series of searches were conducted by the Burnaby Detachment of the RCMP on residences and storage lockers in various communities around the Vancouver area. Several individuals were arrested and a couple of thousand MDMA and MDEA tablets (doves and $ logos - originally from Holland) were seized along with large volume and a large quantity of laboratory equipment. Chemicals seized included 100 kg of ephedrine (originally from Switzlerland) over 50 lbs of lithium, one large cylinder of anhydrous ammonia and custom built stainless steel “cold finger” condensors. Also seized were the typical solvents and reagents, as well as 8 kg of sassafras oil, it is suspected that the European MDMA was too expensive, and 2 kg of chromium trioxide. The typical literature including PIHKAL was also seized. In a repeat synthesis using the seized equipment, chemicals, at the Burnaby RCMP detachment and in Identification Section’s fume hood, methamphetamine was easily manufactured. The experiment was tried twice: once using one of the stainless steel cold finger condensors with a dry ice-acetone solution and the second time using a pyrex beaker wrapped in a towel containing dry-ice and methanol solution into which an erlenmeyer beaker was placed. In both cases ephedrine HCl was added directly to the condensed ammonia-lithium reagent, and in both cases methamphetamine was produced. The most difficult aspect of the reaction was determining what quantity of ammonia had actually been condensed and it is still unknown how the cook determined this when using the stainless steel condensor. Rick Laing Health Canada – Vancouver, BC

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VOLUME 7 NUMBER 3 — JULY 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION MIDWEST US REPORTS LAB SEIZURES Representatives of the following areas provided information on drug lab trends in their respective areas. WYOMING – The lab scene has slowed down quite a bit, but street samples of methamphetamine - amphetamine mixtures and amphetamine only samples are still being encountered. NEW MEXICO – The city of Albuquerque reports a booming crack cocaine trend has decreased the occurrence of meth labs and meth street samples. Approximately six labs have been seized by the city this year. UTAH – The state crime lab has responded to an average of 1 – 2 labs per week, with some weeks being as high as 3 – 4 labs. Most of the labs are small ounce type and at least one was using ephedra as the starting material. They’re not seeing much variation in types of drugs encountered and report seeing methamphetamine as their most frequent type of sample. They are also still receiving amphetamine, methamphetamine, and amphetamine - methamphetamine mixture street samples. IOWA – The state lab reported seizing approximately 35 labs to date and most of the labs are using lithium metal in the dissolving metal reduction route. Most operators are using a water extraction process to isolate the pseudoephedrine and are still using diethyl ether from starter fluid cans. One lab produced mostly the over-reduced Birch impurity.

COLORADO – This state continues to be the land of opportunity for some. Several agencies and task forces have been encountering labs frequently since the year began. Two labs were processed recently by the Aurora Police Department. One was a small boxed ephedrine reduction lab and the other was a poly-drug lab which was seized for the second time this year! This time, an ammonia gas cylinder, sodium metal, allylbenzene, zinc metal, piperonyl, ammonium acetate, methanol, butylamine, isovaleric acid, pseudoephedrine, harmaline, harmine, methyllithium, and ethyl nitrite were recovered along with many types of glassware including several triple neck flasks, a triple neck reaction kettle, a pressure equalizing funnel, claisen adapters, and stainless steel cannulas and tubing. Information seized at this location indicates that the operator was attempting two uncommon synthetic routes: 1) methylation of phenylacetic acid to form phenyl-2-propanone using methyllithium, and 2) the oxidation of allylbenzene and safrole using ethyl nitrite to form the respective ketones, P2P and MDP2P. The Colorado State Crime Lab (CBI) encountered an interesting sample of DOB (2,5-dimethoxy-4-bromoamphetamine) on sugar cubes. The large sugar cubes were yellow in color, wrapped in foil, and twisted in plastic wrap (similar to pieces of candy twisted at both ends). Tim McKibben Aurora PD Crime Lab – Aurora, CO

CALIFORNIA LEGISLATION: SB 148 METHAMPHETAMINE: MANUFACTURE: DEATH EQUATED TO MURDER BILL NUMBER: SB 148 INTRODUCED 01/13/97 BILL TEXT INTRODUCED BY Senator Alpert JANUARY 13, 1997 An act to add Section 189.2 to the Penal Code, relating to crime. LEGISLATIVE COUNSEL’S DIGEST SB 148, as introduced, Alpert. Methamphetamine: manufacture: death equated to murder.

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Existing law defines murder as the unlawful killing of a human being with malice aforethought, and as either first degree or 2nd degree, depending on the circumstances. Existing law provides that the possession of specified chemicals with the intent to manufacture methamphetamine is a felony. The California Supreme Court in People v. Ford, 60 Cal. 2d 772, 795, held that, where a death occurs in the commission of an inherently dangerous felony, the mental state present in the commission of that felony may be substituted for the malice element so that the death may be prosecuted as a 2nd degree murder. This bill would provide that the manufacture of methamphetamine constitutes an inherently dangerous felony, as defined, and that any death that occurs in the commission of that felony may be prosecuted as 2nd degree murder.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. SECTION 1. Section 189.2 is added to the Penal Code, to read: 189.2. (a) The manufacture of methamphetamine constitutes an inherently dangerous felony and any death which occurs in the commission of that felony may be prosecuted as second degree murder.

(b) When a death occurs in the commission of the manufacture of methamphetamine, the mental state present in the commission of the manufacture of methamphetamine may be deemed equivalent to the malice element of murder so that the death may be prosecuted as second degree murder. (c) For the purposes of this section, “inherently dangerous felony” is one which, by its very nature, cannot be committed without creating a substantial risk that someone will be killed, or is an offense carrying a high probability that death will result.

UNITED STATES V. MAGALLON FAILURE OF GOVERNMENT TO PRESENT ANY EVIDENCE AS TO TYPE OF METHAMPHETAMINE INVOLVED IN OFFENSE IS PLAIN ERROR AND REQUIRES NEW SENTENCING HEARING

9th Cir.; May 5, 1997 [Editor’s note: This appellate decision incorrectly uses the terms “D” and “L” to refer to the optical isomers “d” and “l” of methamphetamine] The court of appeals vacated sentencing orders of the district court. The court held that the failure of the government to present any evidence as to the type of methamphetamine involved in an offense is plain error requiring a new sentencing hearing. Appellants Jose Magallon, Robert Gonzales, Luis Estrada-Hernandez, and Gerardo Delgado-Garibay were convicted after a jury trial of drug offenses involving methamphetamine. The Sentencing Guidelines at the time imposed substantially lower penalties for crimes involving L-methamphetamine than for crimes involving D-methamphetamine. At trial and at sentencing, the government did not present any evidence as to the type of methamphetamine involved. The sentence recommendations in the presentence reports (PSRs) assumed D-methamphetamine was involved. The district court made no findings as to the type of methamphetamine involved, but used the PSR recommendations in calculating sentences. On appeal, the defendants contended that the district court plainly erred in sentencing them for a crime involving D-methamphetamine rather than L-methamphetamine. The government countered that the defendants waived any error by failing to object at sentencing. The government bears the burden at sentencing of proving by a preponderance of the evidence the type of methamphetamine involved in a drug offense. The Ninth Circuit has held that the district court clearly erred in finding the methamphetamine was D-methamphetamine when the only evidence produced by the

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government consisted of affidavits from drug agents that methamphetamine labs almost always manufacture D-methamphetamine. The district court erred when it computed the defendants’ sentences using D-methamphetamine. The error was plain as there was no evidence at all that the type of drug involved was D-methamphetamine. Forfeiture is the failure to make the timely assertion of a right, waiver is the intentional relinquishment or abandonment of a known right. Mere forfeiture, as opposed to waiver, does not extinguish an error. Even if the defendants should have been alerted by the PSRs to how the district court might compute their sentences, they retained the right to be sentenced for D-methamphetamine only if there was evidence to support a finding that it was involved. They did not intentionally waive or abandon that right. Instead, by failing to object they forfeited the district court’s error. The error affected the defendants’ substantial rights as it had a profound impact on sentencing. Because it would seriously affect the fairness and integrity of the judicial proceedings to allow the error to stand, resentencing was required. On resentencing, the district court would not be restricted to sentencing on the basis of L-methamphetamine. Where the type of methamphetamine involved has never been litigated, the appropriate remedy is to remand for a sentencing hearing at which the government bears the burden to establish by a preponderance of the evidence the type of methamphetamine involved.

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 3 — JULY 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION FULL TEXT:

THOMPSON, Circuit Judge: This case presents a question of first impression in this circuit: does the district court commit plain error in sentencing a defendant for a drug crime involving methamphetamine when the district court sentences the defendant under the Sentencing Guideline formula for D-methamphetamine rather than L-methamphetamine and the government has presented no evidence as to which type of methamphetamine was involved? Our answer is that the court commits plain error in this circumstance, the error affects the defendant’s substantial rights, and the failure to correct the error would seriously affect the fairness and integrity of judicial proceedings. We therefore vacate the defendants’ sentences and remand their cases to the district court for resentencing1.

Cite as 91 C.D.O.S. 3298 UNITED STATES OF AMERICA, PIaintiff-Appellee, v. JOSE LUIS MAGALLON, Defendant-Appellant. No. 95-10438 D.C. No. CR-94-05011-07-OWW UNITED STATES OFAMERICA, PIaintiff-Appellee, v. ROBERT GONZALES, Defendant-Appellant, No. 95-10446 D.C. No. CR-94-05011-04-OWW

I

UNITED STATES OF AMERICA, PIaintiff-Appellee, v. LUIS E. ESTRADA-HERNANDEZ, Defendant-Appellant. No. 95-10447 D.C. No. CR-94-05011-06-OWW UNITED STATES OF AMERICA, Plaintiff-Appellee, v. GERARDO DELGADO-GARIBAY, Defendant-Appellant. No. 96-10007 United States Court of Appeals for the Ninth Circuit D.C. No. CR-94-05011-05-OWW Appeals from the United States District Court for the Eastern District of California Oliver W. Wanger, District Judge, Presiding Argued and Submitted February 10, 1997 — San Francisco, California. Before: Procter Hug, Jr., Chief Judge; David R. Thompson and Andrew J. KIeinfeld, Circuit Judges. COUNSEL John F. Walsh, Los Angeles, California, Joseph Wiseman, Petaluma, California, James R. Homola, Fresno, California, Carolyn Phillips, Milrod & Phillips, Fresno, California, for the defendants-appellants. Kathleen A. Servatius, Assistant United States Attorney, Fresno, California, for the plaintiff-appellee. Filed May 5, 1997

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Jose Louis Magallon, Robert Gonzales, Luis E. EstradaHernandez, and Gerardo Delgado-Garibay (collectively “defendants”) were each convicted after a jury trial of conspiring to manufacture and distribute methamphetamine and/or manufacturing or aiding and abetting in the manufacture of “methamphetamine” in violation of 21 U.S.C. §§846 and 841(a)(1) and 18 U.S.C. §2. The drug methamphetamine exists in two isomeric forms. United States v. Dudden, 65 F.3d 1461, 1470 (9th Cir. 1995). L-methamphetamine produces little or no effect when ingested, whereas D-methamphetamine produces an intense high. United States v. McMullen, 98 F.3d 1155, 1156 (9th Cir. 1996). At the time the defendants were sentenced, the Sentencing Guidelines (through the Drug Equivalency Tables) imposed substantially lower sentences for crimes involving L-methamphetamine than crimes involving D-methamphetamine. See United States v. Bogusz, 43 F.3d 82, 89 (3d Cir. 1994), cert. denied, ___U.S. ___, 115 S. Ct. 1812 (1995); USSG § 2D 1. 1, comment. (n. 10) (Drug Equivalency Tables) (Nov. 1 990).2 At the time of sentencing in the present case, the government had in its possession small traces of methamphetamine obtained from objects seized from some of the conspirators. It did not, however, present any evidence at trial or during sentencing that the drug involved in the conspiracy was D-rather than L-methamphetamine. The probation officer who prepared the defendants’ presentence reports referred to the drug simply as “methamphetamine,” but assumed it was D-methamphetamine in calculating the recommended base offense levels under the Guidelines. None of the defendants objected at sentencing to the base offense levels recommended in the presentence reports or to the government’s failure to produce any evidence that the drug involved was D-methamphetamine. The district court made no finding as to the type of methamphetamine involved, but used the base offense levels recommended in the presentence reports in calculating the defendants’ sentences.3 On appeal, the defendants argue that the district court plainly erred in sentencing them for a crime involving

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION D-methamphetamine when the government introduced no evidence as to the type of methamphetamine involved. They urge us to vacate their sentences and remand for resentencing using the formula for L-methamphetamine. Resentencing the defendants on the basis of L-rather than D-methamphetamine would substantially lower their sentence ranges under the Guidelines.

II The Eighth and Tenth Circuits have held that a district court does not commit plain error in the circumstances of this case. See United States v. Griggs, 71 F.3d 276, 282 (8th Cir. 1995); United States v. Deninno, 29 F.3d 572, 580 (10th Cir. 1994), cert. denied, 115 S. Ct. 1117 (1995). The court in Deninno stated that “factual disputes [related to sentencing] do not rise to the level of plain error.” Id. at 580. The Third and Eleventh Circuits, on the other hand, have held it is plain error to sentence defendants for a drug crime involving D-methamphetamine when the government fails to introduce any evidence as to the type of methamphetamine involved. See United States v. Ramsdale, 61 F.3d 825, 832 (11th Cir. 1993); United States v. Bogusz, 43 F.3d 82, 90 (3rd Cir. 1994), cert. denied, 115 S. Ct. 1812 (1995). The Third Circuit explained: “[C]onsidering the magnitude of the difference in sentencing that could result from the application of the wrong organic isomer, we think the sentencing court’s failure to make this determination would result in a grave miscarriage of justice.” See Bogusz, 43 F.3d at 90. The Eleventh Circuit reasoned “[t]he government and the district court should have known that findings as to the type of methamphetamine were required. The failure to make such findings had a profound impact on the range of possible sentences imposed.” Ramsdale, 61 F.3d at 832. In both Ramsdale and Bogusz, the courts of appeals vacated the defendants’ sentences and remanded for resentencing to allow the government to meet its burden. Id.; Bogusz, 43 F.3d at 91. Plain error, of course, is the crucial inquiry. Here, the defendants failed to object to the district court’s application of the sentencing formula for D-methamphetamine. Because the defendants failed to object, we may reverse the district court only if it erred, the error was “plain,” and it affected the defendants’ substantial rights. United States v. Olano, 507 U.S. 725, 731-36. Where error is plain, we have discretion to correct it or let it stand. Id. at 735-36; Fed. R. Grim. P. 52(b). Nevertheless, we should “correct a plain forfeited error affecting substantial rights if the error `seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.” Id. at 736. The government bears the burden at sentencing of proving by a preponderance of the evidence the type of methamphetamine involved in a drug offense. Dudden, 65 F.3d at 1470; United States v. Harrison-Philpot, 978 F.2d 1520, 1522-23 (9th Cir. 1992), cert. denied, 113 S. Ct. 2392 (1993). In Dudden, the defendant objected to the district court sentencing him under the guidelines for D-methamphetamine. He challenged the

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sufficiency of the government’s evidence. The district court found the methamphetamine was D-methamphetamine and based its sentence on that finding. On appeal, we reversed. We held the district court had clearly erred in finding the methamphetamine was D-methamphetamine when the only evidence produced by the government consisted of two affidavits from DEA agents stating generally that clandestine methamphetamine labs almost always manufacture D-methamphetamine and that they had never personally found pure L-methamphetamine in any such lab. Dudden, 65 F.3d at 1471-72. [2] Dudden was decided before the district court sentenced any of the defendants here. Given our holding in Dudden, the district court erred when it computed the defendants’ sentences using D-methamphetamine. The error was also “plain.” Whereas in Dudden there was at least some evidence, though insufficient, that the drug involved was D-methamphetamine, here there was no evidence at all. The government argues the defendants have not established their rights were substantially affected because they have not shown they were prejudiced by the error. We disagree. The defendants were sentenced as if the methamphetamine were D-methamphetamine without any proof that it was. In this sense the prejudice is obvious. But it is not in this sense that the government couches its prejudice argument. The government contends that because the defendants went along with the court’s sentencing without any objections, they indicated their satisfaction with this aspect of the sentencing process and were not prejudiced as a result. The essence of this argument is that the defendants did not simply forfeit the district court’s error by not objecting, they waived the error. Under Olano, “forfeiture is the failure to make the timely assertion of a right, waiver is the ‘intentional relinquishment or abandonment of a known right.’ ” Olano, 507 U.S. at 733 (quoting Johnson v. Zerbst, 304 U.5. 458, 464 (1930)). “Mere forfeiture, as opposed to waiver, does not extinguish an ‘error.’ ” Id. In the circumstances of this case, we cannot conclude the defendants intentionally relinquished or abandoned their right not to be sentenced for D-methamphetamine without proof that was the drug involved. It is true the defendants might have been alerted to the likelihood the district court would compute their sentences on the basis of D-methamphetamine, because that is what the probation officer did in the presentence reports. The presentence reports made no mention of the type of methamphetamine involved, but the recommended base offense levels could only have been calculated using D-methamphetamine. Even if the defendants should have been alerted by the presentence reports to how the district court might compute their sentences, they retained the right to be sentenced for D-methamphetamine only if there was evidence to support a finding that D-methamphetamine was the type of methamphetamine involved. The defendants did not intentionally

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION waive or abandon that right. Instead, when the district court sentenced them under the guideline applicable to D-methamphetamine without any evidence to support such sentencing, and the defendants failed to object, they forfeited the district court’s error.4 The error affected the defendants’ substantial rights. As the Eleventh Circuit stated, the error “had a profound impact on the range of possible sentences imposed.” See Ramsdale, 61 F.3d at 831. Because it would seriously affect the fairness and integrity of judicial proceedings to allow the error to stand, we vacate the district court’s sentence and remand these cases for resentencing. Although in Dudden we remanded with instructions to the district court to resentence the defendants on the basis of L-methamphetamine rather than D-methamphetamine, we impose no such restriction here. The sentencing posture in this case is different from Dudden. In Dudden, both sides presented evidence at the sentencing hearing on the type of methamphetamine involved. Dudden, 65 F.3d at 1471. The court considered that evidence and made its finding. Id. Here, by contrast, the type of methamphetamine involved has never been litigated. The sentencing hearing simply proceeded on the assumption that the drug involved was D-methamphetamine. In this circumstance, the appropriate remedy is to vacate the defendants’ sentences and remand for a sentencing hearing at which the government will bear the burden to establish by a preponderance of the evidence the type of methamphetamine involved. See Ramsdale, 61 F.3d at 830-32; Bogusz, 43 F.3d at 91 Sentences VACATED; REMANDED for resentencing. ————

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1.

2.

3.

4.

In a memorandum disposition filed concurrently with this opinion, we have affirmed the defendants’ convictions and the district court’s rulings on the other sentencing issues raised in the defendants’ appeals. The guidelines have since been amended to eliminate any distinction in sentencing between L-and D-methamphetamine. See USSC App. C (Amendment 517) (Nov. 1995). Here, however, we apply the Guideline provisions in effect at the time the defendants were sentenced. See United States v. Sweeten, 933 F.2d 765, 112 (9th Cir. 1991). We cannot infer from the district court’s silence that it impliedly found the methamphetamine to be D-methamphetamine, based upon its computation of the defendants’ offense levels as if the methamphetamine were D-methamphetamine. There was no evidence to support such a finding. The government’s reliance on United States v. McMullen 98 F.3d 1155 (9th Cir. 1996), for the proposition that if a defendant fails to raise the issue of methamphetamine type in the district court, he is barred from raising the issue on appeal, is misplaced. McMullen barred the defendant from raising the issue on collateral review; the present case involves direct appeal.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 7 NUMBER 4 — OCTOBER 1997

IN THIS ISSUE ... Welcome to Our New Members .................................................................... 2 Methamphetamine Recrystallization Process Described In alt.drugs.chemistry ............................................................ 3 Lab Seizures .................................................................................................. 4 Abstracts Of The 7th Annual Technical Training Seminar ......................... 12 Separation And Identification Of Ephedrine, Pseudoephedrine And Methamphetamine Mixtures ................................................................. 19 Scott R. Oulton, B.S. Hydrofluoric Acid Exposure Hazards: First Aid and Treatment ................ 24 Bruce Lazarus, C.I.H., R.E.S.H. Ammonium Molybdate Crystal Test For Phosphorus................................. 28 Donnell Christian, B.S. Protecting Group Chemistry ........................................................................ 30 Tim McKibben, M.S.

Association Officers President: Terry A. Dal Cason DEA North Central Laboratory 536 S Clark St Rm 800 Chicago, IL 60605-1509 (312) 353-3640 Vice-President: Catherine Wojcik San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab – Annex 1704 E Bullard Fresno, CA 93710-5856 (209) 278-7732 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main St Ste 700 San Francisco, CA 94105-2018 (415) 744-7051 Past-President: Tim McKibben DEA Special Testing and Research Lab 7704 Old Springhouse Rd McLean, VA 22102-3405 (703) 285-2583

 1997 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner. For more information concerning the Journal, contact the Editor.

Executive Board Members: Kathy Wilcox OSP Forensic Laboratory 333 4th Av Coos Bay, OR 97420-4380 (541) 269-2967 Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

WELCOME TO OUR NEW MEMBERS PAM JOHNSON Membership Secretary We are pleased to accept 38 new Regular Members and 5 new Associate members. We want to welcome them and I know they will find their membership in CLIC to be very rewarding. Please help encourage these new members to “GET INVOLVED.” Send in your lab seizures. Even though they seem routine to you, they may be new to someone else. The purpose of this organization is to share information, so that we may be better informed. IF YOU CHANGE JOBS PLEASE LET ME KNOW. Should you have a change of address or a change of employment, please notify the Membership Secretary at once so that we can get all of the Association mailings to you in a timely fashion. The Board looked at the requirements for Associate Membership and recommended a strict interpretation of the ByLaws. The membership in attendance at the business meeting agreed that this is first an organization for the chemists who are working clandestine laboratories or the compounds they produce. Other law enforcement personnel may be Associate Members if their job requires them to be active in the processing of clandestine laboratories. Other non-law enforcement personnel could become members, but please contact the Membership Secretary, Pam Johnson, for the criteria used to evaluate eligibility for membership. The new Membership Applications should help clear up some questions. New Members Approved at the September 1997 Annual Meeting REGULAR MEMBERS Andera, Kevin ................. San Bernardino Co. Sheriff’s Dept., San Bernardino, CA

Baisz, Terry ..................... Orange Co. Sheriff-Coroner, Santa Ann, CA Banks, Rhonda ................. Oregon State Police, Springfield, OR Bodwell, Kelli .................. Iowa Division of Criminal Investigation, Des Moines, IA Bologna, Natasha ............. Texas DPS Crime Lab, Garland, TX Burdich, Linda ................. Arkansas State Crime Lab, Little Rock, AR Coxon, Anne .................... Institute of Environmental Science & Research Limited, Auckland, New Zealand Cutler, Rachel .................. Idaho Dept. of Law Enforcement Bureau of Forensic Services, Pocatello, ID Goldberg, Gary ................ DEA Southwest Laboratory, National City, CA Good Shannon ................. DEA Southwest Laboratory, National City, CA Jonas, Lynette Leigh ........ Texas DPS Crime Lab, Tyler, TX Ingram, Joseph ................. Oregon State Police Crime Lab, Portland, OR Johnson, C. Glen ............. Texas DPS Crime Lab, Tyler, TX Kern, Blaine ..................... San Bernardino Co. Sheriff’s Dept., San Bernardino, CA Koch, C. Andre ................ Forensic Science Lab of the South African Police Service, Pretoria, Gauteng, RSA Larsen, Fred ..................... Independence PD Crime Lab, Independence, MO

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes ............................. OSP Forensic Laboratory - Portland, OR ................................................ (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab - Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................Aurora PD Crime Lab - Aurora, CO ........................................................ (303) 739-6229 O. Carl Anderson ..................... Kansas Bureau of Investigation Lab - Great Bend, KS ........................... (316) 792-4353 Jason Freed ..............................National Medical Services - Willow Grove, PA ...................................... (215) 657-4900 Jerry Massetti ........................... CA DOJ Crime Lab – Fresno, CA ........................................................... (209) 278-7732 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452 Rodney Norris .........................ESR Forensics - Aukland, NZ .................................................................. 649-815-3670 Peter Vallely ............................ J. Tonge Centre for Forensic Science - Brisbane, Australia .................... 617-3274-9031

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 1997 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 7 NUMBER 4 — OCTOBER 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Lee, Jennifer .................... DEA Southwest Laboratory, National City, CA Lee, Ken .......................... Los Angeles Co. Sheriff’s Dept., Los Angeles, CA Lovas, Eva ....................... Eastern Nebraska Forensic Lab, Omaha, NE Malone, James ................. DEA Southwest Laboratory, National City, CA Maroge, Wisam ............... DEA Southwest Laboratory, National City, CA Matty, William ................ San Bernardino Co. Sheriff’s Dept., San Bernardino, CA McKinnis, Karen ............. Springfield PD/Troop D Missouri Highway Patrol Lab, Springfield, MO Mirra, Paul ....................... San Bernardino Co. Sheriff’s Dept., San Bernardino, CA O’Meara, Melissa ............ Massachusetts State Police Lab, Sudbury, MA Phelan, Clay ..................... DEA Southwest Laboratory, National City, CA Pigou, Paul Dir. .............. Forensic Science Services, Adelaide, SA, Australia Popejoy, Sid ..................... Missouri State Highway Patrol Crime Lab, Jefferson City, MO Skiles, Sarah .................... Jefferson Co. Regional Crime Lab, Beaumont, TX Smith, Jerry ...................... Eastern Nebraska Forensic Lab, Omaha, NE

Souw, Jon ........................ Orange Co. Sheriff/Coroner’s Dept., Santa Ana, CA Taylor, Kelly.................... Texas DPS Crime Lab, Garland TX Venter, Casper ................. Forensic Science Lab of the South African Police Service, Cape Town, Western Cape, RSA Whittle, Philip Dir. .......... Missouri Southern State College Regional Crime Lab, Joplin, MO Willers-Russo, Lynn ........ Los Angeles Co. Sheriff’s Dept., Los Angeles, Ca Yoshida, Sarah ................. CA DOJ/ Bureau of Forensic Services, Modesto, CA Zapletal, Jiri Dir. .............. Institute of Criminalistics, Banska-Bystrica, Slovakia Zingg, Christian ............... Institut de Police Scientifieque et de Criminolgie, Lausanne, Switzerland ASSOCIATE MEMBERS Branham, John ................. Tacoma Police Dept., Tacoma, WA Gall, John ......................... Broward Co. Sheriff’s Dept., Ft. Lauderdale, FL King, Kenneth ................. Arkansas State Crime Lab, Little Rock, AR Nwako, Reuben ............... National Drug Law Enforcement Agency, Lagos, Lagos, Nigeria Rhodes, Harry .................. CA DOJ/ Bureau of Narcotic Enforcement, San Jose, CA

METHAMPHETAMINE RECRYSTALLIZATION PROCESS DESCRIBED IN ALT.DRUGS.CHEMISTRY In response to an inquiry to the Internet newsgroup alt.drugs.chemistry regarding the clean-up and purification of dirty methamphetamine, the following response was posted. It is reprinted here for your information. The original question to this reponse is quoted at the end of the posting. Subject: Response to a Question (Quoted at end) Date: Mon, 13 Oct 1997 08:36:48 GMT From: [email protected] (Racer X) Organization: Mach V Matrix Newsgroups: alt.drugs.chemistry, alt.drugs.hard, rec.drugs.chemistry

about a year now … Now what you want to do with what your freind has, is going to be REALLY REALLY easy ... I’ll give you the simple non-fuckup method ... you are going to need a few things. 1: a hot plate. do NOT use an open FLAME!!! 2: a pyrex Dish ... (like a measuring cup, glass, you know what I’m talking about) 3: Some Coffee Filters, or a glass turkey baster like thing, depending on how you want to do this. Method A: to make it MUCH BETTER ... (nice and shiny)

This is to be used for informational purposes only. This is a fictional story — any resemblance to any persons living or dead is strictly by accident. This has no bearing on the real world. ~~~~~~~~~~~~~~~~~~~~~~~~ Allright, I can tell you whatever you need to know. I’m a pro at this. I’ve been making see through crystal shards out of bathtub crank for

VOLUME 7 NUMBER 4 — OCTOBER 1997

dump all your meth into the pyrex dish, and turn on the hot plate. Get it nice and toasty. Pour enough acetone in the dish with the meth to cover it completely, and then some. Place the dish on the hot plate and let the Acetone come to an easy boil, and lightly stir the rocks around in the acetone. Let if evaporate (DO NOT BREATHE!) untill the acetone is about half gone (still leaving enough left to cover the rocks at least half way) now remove the heat source, shake around the dish so the acetone is nicely stirred around the rocks, and gather all

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION the rocks onto one side of the dish. now what you want to do is tilt the dish at an angle so that all your meth ends up on one side, out of the acetone, and all your acetone ends up on the other .. this shit evaporates so quickly that once the rocks are no longer IN the acetone, they will stat to dry .. now keeping the acetone and the dope seperate, take your turkey baster and lift off all of the acetone out of the dish, leaving any meth powder in the dish, and squirt the acetone into a couple coffee filters. Let the dope dry, and it should now sparkle very nicely, any color should be gone, if it is not, repeat the proccess. Let the coffee filters dry, and then look on them ... you may see crystalized dope on them, which you can scrape off carefully. Otherwise, you may just see gooey shit which is cut or unreacted ephedrine. Use your own judgement whether or not you should keep this crud. Now this is the EASY way of doing it ... the BETTER way of doing it, but you tend to lose more dope in the proccess, is almost exactly the same .. the only difference is this: in the beginning, instead of just dumping in the meth, grind it up into a very fine powder, leaving no rocks or chunks. and then in the end be more carefull when you dispose of the acetone, be sure to dump ALL of it onto coffee filters to collect the purrified dope that will not pass through the coffee filters. Now this method will take out ONE HUNDRED PERCENT of all your UNREACTED CHEMICALS ... it is NOT gauranteed to take out all CUTS, sometimes people throw in some REALLY stanky cuts, like dirt or aspirin, or whatever ... but if you are getting this straight from or close to the source, just not purified yet, this proccess will leave you will sparkly white or MAYBE translucent crystaly powder ... NOTE: This is only ONE step of a two step proccess to making REAL CRYSTAL SHARDS ... this is the PURIFYING stage .. stage 2 is the RECRYSTALIZING stage ... this is where the alcohol comes into play .. I’m not going to go into details on stage two, as to do it the REAL correct way, you need an aspirator (vacuum filtration pump) and much more flammable /explosive chemicals (denatured alcohol). Needless to say, with step one you should be able to refine your product SO much that it will blow anybody away ... If it comes to the

point where you want clues hints, help or anything else on the chemistry of methamphetamine, the second stage, or anything like that, go ahead and send me email and I’ll get back to you. I can take orange jym-sock crank and turn it into shards of see through crystal the size of your pinky finger in six hours ... and that’s when I take my time ... - Racer X [email protected] On Fri, 10 Oct 1997 21:53:08 -0500, in alt.drugs.chemistry you wrote: > Does anyone have some good info on removing “ cut “ from Meth> > > I’ve heard of several ways to remove to “ cut “ from Meth using >Acetone, Everclear, etc... > I’ve seen it done with Acetone and smoked the “ purified “ product which >had no taste and smoked clear, but I have been unsuccessful at doing >this myself. Does the cut float or sink, and does the Meth float or >sink? > > Which is better to use? Everclear, Acetone, some other alcohol? >Acetone seemed to work best because it evaporated fairly fast. I ( >um..) a friend wants to purify a few grams of hard rock white meth.. >It’s a nice white solid crystiline(sp) color and burns well as well as >re-crystilizing clean.. I (uh..) he suspects that if there is cut in >the product there isn’t much.. OR that there is just quite a bit of >un-reacted Ephedrine. > > If it is un-reacted Ephedrine then with using Acetone, Everclear, etc >to purify remove the Ephedrine from the meth as well as any cut? > > Thankx for any info.. I will pass it on to my “ friend “. :) > >- mg -

LAB SEIZURES CLAN LAB COOK BLOWN UP, BURNED, BITTEN, BROKEN DOWN AND BOOKED!

DRUGS LAB FOUND IN SUBURBAN HOUSE AFTER FIRE IN MELBOURNE, AUSTRALIA

On July 7, 1997, a criminalist from the California Department of Justice Laboratory in Riverside responded to the scene of an exploded clandestine methamphetamine laboratory in the city of Ontario. Allegedly, the suspect had been manufacturing methamphetamine when his process blew up, significantly burning the residence and the suspect. The suspect reportedly escaped by jumping over his back fence into his neighbor’s back yard, where he got bitten by two pit bull dogs. The suspect managed to escape and got to his girlfriend’s house a couple of blocks away. The girlfriend was transporting the suspect to the hospital when their car broke down. They were “rescued” by an Ontario police officer who happened to be in the area. The officer took the suspect to the hospital and “booked” him. Not a good day for a certain do-it-yourself chemist!

A clandestine drug laboratory capable of producing amphetamines worth millions of dollars has been found in a firedamaged Brunswick house. Police described the laboratory as a significant operation capable of massive output. Detective Inspector Steve Fontana of the drug squad said the Downs Street property was crammed with laboratory equipment and chemicals. Police were called about 2:50 PM on Wednesday after a fire was reported at the house. Police said the fire appeared to have started when an amphetamine manufacturing apparatus exploded. A number of explosions followed. Firefighters were asked not to extinguish the blaze until a police forensic scientist had inspected the scene. The fire – which had affected the entire house – was then put out. Fire units were at the scene for almost 24 hours. The house was not safe to check on the day of the fire. Police began removing the chemicals and equipment from the site yesterday.

Jim Hall CA DOJ Crime Lab - Riverside, CA

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VOLUME 7 NUMBER 4 — OCTOBER 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Detective Inspector Fontana said it would be a “long slow process.” “One of the dangers of that sort of thing is fire explosions. And there are toxins.” He said drug squad members had to wear protective clothing to search the site. A man who was alone in the house at the time – and who is said to share the residence with his father – drove himself to the Preston and Northcote Community Hospital with severe burns to his legs. Firefighters said the burns were caused when substances exploded. He was transferred to the Alfred Hospital’s burns unit where yesterday he was reported in stable condition.

A suspect is currently hospitalized, recovering from extensive burns to the arms, body, legs, and feet. This case serves as a stark reminder of the importance of flame-retardant clothing during all clan lab entries and safety assessments. The case also highlights the need for, and the benefits of, training emergency response personnel. M. John White Victoria Forensic Science Center Melbourne, Australia

CLANDESTINE LABORATORIES IN VICTORIA, AUSTRALIA “CLAN LAB” FIRE IN MELBOURNE, AUSTRALIA Victorian clan lab police chemists and the Drug Squad investigators present a series of lectures to the annual training course for Station Leaders attached to the Metropolitan Fire Brigade (MFB). These lectures, which have been televised to local fire stations through Fire Vision, the MFB television station, aim to: • enhanced firefighters’ awareness of the range of safety issues associated with clan lab fires; and • provide a simplified overview of manufacturing chemicals and equipment as an aid to early recognition of clan labs by firefighters. As a consequence of the above training, firefighters had no difficulty in recognizing a recent clan lab in a burning house in an inner Melbourne suburb. Prior to the arrival of clan lab investigators, the street had been closed to traffic and neighbors had been evacuated. The fire appeared to start in a kitchen which was situated towards the center of the house and to spread to a number of adjoining rooms. A room at the rear of the premises, a rear porch, and bungalow were substantially intact. A driveway led to the rear of the house and from this vantage point, chemists noted two sets of reflux apparatus (20 liter vessels) under the porch. Since the water supply was interrupted during the fire, power was subsequently switched off at the mains board. At this stage, fire flared up in the roofing timbers and the scene was preserved and guarded overnight. As most windows were broken and large areas of roofing tiles had collapsed during the fire, the house was well ventilated overnight. A full safety assessment was conducted the following day in temperatures reaching approximately 40°C (approximately 104°F). Hard-hats were essential due to the instability of roofing tiles. Metal and melted plastic containers, located in the burnt out kitchen, contained liquid residues with the odor of acetone and ether respectively. Preliminary scientific analyses indicates that the two reaction vessels under the rear porch contained mixtures associated with the manufacture of methylamphetamine from pseudoephedrine, hydriodic acid, and red phosphorus.

VOLUME 7 NUMBER 4 — OCTOBER 1997

Table 1 summarizes the type and number of clandestine laboratories which were located within the 1995-1996 financial year (1 July 1995 to 30 June 1996). The following paragraphs provide more details about the clandestine laboratories located: 1. A house located in a provincial town was the location of attempted manufacture of methylamphetamine from ephedrine tablets purchased by mail order from the USA. There were indications that methcathinone manufacture from the oxidation of ephedrine by chromium trioxide had also been attempted. Extensive underground literature from the USA on drug manufacture and explosives were located. 2. A remote farmhouse where a 5 liter reaction vessel containing phenylacetic acid, acetic anhydride, and phenyl2-propanone was being heated by an electric mantel, in the laundry. The ultimate aim was to manufacture methylamphetamine via reductive amination using methylamine. 3. A rural property had a brick barbecue which had been placed on a tip-truck mechanism. The barbecue had been built above two concrete wells. The wells were accessed by concrete steps which were revealed when the tip-truck mechanism had been activated. One of the wells stored chemicals including phenylacetic acid, phenyl-2propanone, pseudoephedrine products and the other well had been used to grow cannabis hydroponically. 4. An urban warehouse disguised as a legitimate chemical supply business was discovered also to be involved in manufacturing methylamphetamine using “Sudafed” tablets, hydriodic acid, and red phosphorus. The premises were extremely untidy and unhygenic. Production was relatively small scale. 5. A boxed lab located in a shipping container had chemicals, equipment and recipes for the manufacture of amphetamine starting from benzyl chloride, through to conversion to benzyl cyanide and phenylacetic acid. The tube [furnace] method and thorium nitrate as a catalyst was used to

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Table 1. Clandestine Laboratory Seizures In The State Of Victoria During The Fiscal Year 1995 - 1996 Drug

No. of Labs

Methamphetamine

Amphetamine

MDMA and Methylamphetamine

Urban

Rural

8

2

1

4

7

manufacture phenyl-2-propanone and then produce amphetamine via the Leuckart method. A 200 liter drum of benzyl chloride and a 10 kg quantity of thorium nitrate were located in the container. 6. A boxed lab containing a large number of chemicals and equipment including hydriodic acid, red phosphorus and sodium acetate was located in an outer suburban house. Methylamphetamine had been or was proposed to be manufactured, as indicated by the recovered chemicals. 7. An inner suburban house contained chemicals, equipment and recipes for the manufacture of methylamphetamine and 3,4-methylenedioxymethylamphetamine. A quantity of phenyl-2-propanone (320 ml) had been processed from phenylacetic acid. One kilogram of red phosphorus and 10 kg of piperonal had also been located. 8. A rented unit and storage facility in a Victorian rural regional center were found to contain chemicals, equipment and recipes for the manufacture of amphetamine. Phenylacetic acid (3.6 kg), acetic anhydride (2 l), and sodium acetate (500 g) were located and recovered. 9. The small scale production of methylamphetamine was carried out in a caravan on a rural property. “Sudafed” tablets had been the source of pseudoephedrine. Hydriodic acid was manufactured from iodine and red phosphorus. 10. Chemicals, equipment and recipes were located in an inner suburban flat. Recipes for the manufacture of methylamphetamine from ephedrine were located. It appeared that the production of 2-phenethylamine was being attempted from benzene and ethanolamine in a kitchen scale process. 11. A house in a rural property was the setting of a clandestine laboratory making methylamphetamine from pseudoephedrine, red phosphorus and hydriodic acid. Extraction of the base was being carried out at the time of discovery. Over 30 l of liquid contained processed methylamphetamine. Table 2 represents the number of illicit laboratory seizures in Australia and New Zealand during the same time period.

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Location

Mike Perkal Victoria Forensic Science Center Melbourne, Australia

PCP LAB SEIZED IN RIVERSIDE COUNTY In August 1997, the Department of Justice, Riverside Laboratory received samples from the Riverside Sheriff’s Office, Special Investigations Bureau – West, from a suspected clandestine PCP lab. The scene was located in the Highgrove area, which is in the extreme northern part of western Riverside County, between Riverside and San Bernardino, California. Investigators sampled the items at the scene. The following items were reported to have been present at the scene: • Eight empty and four full 4-gallon ether cans (There were two different types of cans, but the investigator is unsure if they all were labeled ethyl ether or if some were labeled petroleum ether.) • A container labeled bromobenzene that contained liquid • 55 gallon trash cans that contained various brown liquids • Garbage bags containing yellow crystalline material (large crystals) • 5 gallon bucket with dark brown liquid The Investigator reported that someone attempted to determine the pH of the thick liquids and added water to one of the samples. The sample erupted violently. In addition, chemicals present at the scene were corrupting the integrity of the protective suits that the investigators were wearing. Samples submitted to the Laboratory included the following: 1. Brown liquid 2. Thick, brown sludge 3. Dark amber liquid with brown, fine, powdery solid 4. Yellow crystalline solid (large crystals) 5. Silver solid (visually consistent with magnesium turnings) with brown liquid residue

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VOLUME 7 NUMBER 4 — OCTOBER 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Items 1 and 2 reacted violently with water, producing extreme heat and bubbling profusely. Both samples were examined by GCMS. The samples were prepared by performing a basic extraction into chloroform. Both items contained bromobenzene and a compound consistent with biphenyl. These samples appeared to be from a Grignard reagent. Item 3 did not react with water. It was prepared for GCMS in the same manner as the previous two items, and it was determined that this sample contained only bromobenzene. PCP or 1-piperidinocyclohexane carbonitrile (PCC) was not detected in items 1, 2 or 3. Item 4 contained PCC. PCC is a controlled substance under California Health and Safety Code. In addition, a “combination product” of piperidine and cyclohexanone with the intent to manufacture PCP is illegal. PCC can be made by combining piperidine, cyclohexanone, and sodium or potassium cyanide. The PCC is then reacted with a Grignard reagent (usually phenylmagnesium bromide) to make PCP. The last PCP related clandestine laboratory that our Laboratory responded to was over a year ago. Methamphetamine (via ephedrine/HI/red phosphorus reduction route) continues to be the overwhelming favorite in Riverside and San Bernardino Counties. Lynn Melgoza CA DOJ Crime Lab – Riverside

$100 MILLION DRUG PLOT CHARGES Thieves were only minutes away from a drug haul worth more than $100 million when police burst into the factory of one of Australia’s biggest chemical companies, a court heard yesterday. The alleged bandits were midway through drilling into a vault containing a quarter of a ton of high-grade pure amphetamines when police swooped and foiled their “elaborate plot,” an out-ofsessions court heard. The court was told the masked bandits, using a two-way radio to communicate, monitored a police radio scanner while drilling the vault at Sigma Pharmaceuticals, Kilsyth, about 2:30 AM yesterday. The Special Operations Group led the drug squad, the air wing and the dog squad in the raid on the Mount Dandenong Rd factory which followed a police investigation. Bail justice Adam Trumble heard the break-in could have netted the four bandits, one of whom was allegedly armed with a loaded pistol, 275 Kg of drugs with a potential to create amphetamines with a street value “in excess of $100 million.” The safe held 150 Kg of pseudoephedrine and 125 Kg of dexamphetamine, the court heard. “It was an elaborate and well-planned plot to effect a large-scale burglary to steal a large amount of drugs,” Acting Insp. Mark Bowden, of the drug squad, said, alleging the thieves were drilling the vault when arrested. The four suspects were remanded in custody to reappear in Melbourne Magistrate’s Court. Mike Perkal Victoria Forensic Science Center – Melbourne, Australia

Table 2. Australian and New Zealand Clandestine Laboratories State

Report Period

No. of Months

No. Labs Reported

New South Wales

July '95 - July '96

13

8

Queensland

July '95 - July '96

12

9

South Australia

April '95 - July '96

16

6

Victoria

Jan '96 - July '96

7

10

Western Australia

March '95 - June '96

16

7

Northern Territory

July '95 - July '96

14

0

Tasmania

July '95 - July '96

14

0

ACT

July '95 - July '96

14

0

New Zealand

July '95 - July '96

14

1

VOLUME 7 NUMBER 4 — OCTOBER 1997

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION PHOSPHINE LINKED TO TWO DEATHS AT CLANDESTINE METHAMPHETAMINE LAB On August 22, 1997, the Oklahoma State Bureau of Investigation received a call requesting assistance with a suspected clandestine drug laboratory, our 156 th response since January 1, 1997. The only information we received in the call was that there were two presumed dead bodies in a motel room along with what was believed to be a methamphetamine lab. We arrived at the scene at approximately 2:45 PM. At the scene, we were shown a short video that had been taken from outside the door of the room. In the video, we noted that two dead bodies and what appeared to be a reaction vessel were located in the rear of the room on the bathroom counter. From the video, the reaction vessel appeared to be a vacuum flask that contained a dark substance. The flask top was taped and it had a piece of rubber tubing running from the vacuum spout to a bowl which contained rags. From the available information, we believed phosphine gas (PH3) may have been the cause of death. We used modified Level B personal protective equipment (SCBA, full chemical suits with hoods, two layers of gloves, boots) and a phosphine gas detector to make our initial entry. We detected 0.15 ppm levels of phosphine gas throughout the motel room and were able to confirm the flask seen in the video was indeed a reaction flask with what appeared to be a reaction mixture cooked to dryness. We photographed the undisturbed scene and then removed all laboratory related items and any materials that may have absorbed the phosphine gas (bed sheets, towels, cloths). Among the laboratory items removed were red phosphorus, iodine, acid and solvents. At a location we selected downwind of all officers and others at the scene, the tubing connecting the flask to the make-shift trap was cut. With the phosphine gas detector wand place near the cut, the phosphine gas concentration level soared. Without confirmation from the medical examiner’s office, we don’t know for certain that phosphine gas was the cause of death. However, we identified multiple factors that lead us to believe phosphine gas was the cause. These deaths are the only know phosphine gas deaths in Oklahoma. Todd M. Wheeler and Lynn Griffin OK Bureau of Investigation Lab — Oklahoma City

TRACES OF PCP FOUND IN METHAMPHETAMINE LAB RESIDUES In August 1997, the Department of Justice, Riverside Laboratory received samples from the Riverside Sheriff’s Office, Special Investigations Bureau – West, that were from a suspected clandestine methamphetamine (HI/red phosphorus) lab. The scene was located in the Perris area, which is approximately 30 miles southwest of San Bernardino, in Riverside County,

PAGE 8

California. Investigators sampled the items at the scene. The suspected laboratory was inside a single wide, two-bedroom mobile home parked in a remote area. There were no records of previous arrests for the manufacturing of controlled substances. Photographs of the scene showed items including the following: a half-face air purifying respirator, tubing, propane torch, mirror with powder and drug paraphernalia, bag of red powder, and trash (filters, rags, paper towels). Factory labeled containers present included the following: several one-gallon Coleman Fuel cans, one-gallon acetone can, several thirty-two ounce muriatic acid bottles and one can of “Gum Out” which is reported to contain ether. There were also several unlabeled one-gallon glass jars containing unknown liquids. Of the samples submitted to the Laboratory, the following were analyzed: Blue, organic liquid ......... methamphetamine and oxazolidine compounds Two-phased liquid: upper-blue, organic: ..... phencyclidine (PCP) lower-amber, alkaline: . iodide ion and PCP Two-phased liquid: upper-blue, organic: ..... methamphetamine, oxazolidine compounds, a substance consistent with N,N-dimethylamphetamine, and PCP lower-amber, alkaline: . methamphetamine, ephedrine/ pseudoephedrine, iodide ion, and PCP Two-phased liquid: upper-blue, organic: ..... methamphetamine, oxazolidine compounds, and PCP lower-amber, alkaline: . methamphetamine, ephedrine/ pseudoephedrine, two substances consistent with substituted naphthalenes, iodide ion, and PCP Red powder: .................... consistent with red phosphorus Yellow, alkaline liquid: ... methamphetamine, ephedrine/ pseudoephedrine, oxazolidine compounds, and iodide ion In all of the two-phased liquids, the upper, organic layer was very small compared to the lower layer. In all samples where PCP was present with methamphetamine, the amount of PCP was significantly less. Samples containing PCP were examined twice to confirm its presence. The photographs from the scene showed chemicals and equipment commonly used in the manufacture of methamphetamine. In addition, the impurities and by-products indicated in the samples are commonly associated with methamphetamine manufacture. This coupled with the absence of PCP related precursors, chemicals, by-products, and equipment led us to believe that the PCP present may have come from previously used glassware.

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VOLUME 7 NUMBER 4 — OCTOBER 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Lynn Melgoza CA DOJ Crime Lab – Riverside

METH LAB FOUND IN LARGE PHARMACEUTICAL COMPANY; METHCATHINONE LABS STEADY IN INDIANA On February 13, 1997, search warrants were served at three locations southwest of Indianapolis by members of a joint drug task force including the Indiana State Police. Recovered at the scenes were 3.5 pounds of marijuana, two kilos of methamphetamine, and $96,000 in cash. A subsequent interview of the “cook” who was employed by a large pharmaceutical company, disclosed that he used phenylalanine as the starting precursor following the method described by Repke, et. al, in the Journal of Pharmaceutical Science, Volume 67, Number 8, August 1978. The chemist further stated he also manufactured methamphetamine using ephedrine and phosphorus oxychloride as described by Larizza, et. al., in Gazz. Chim. Ital. 1957. A subsequent search of the laboratory where the chemist worked revealed essentially all of the chemicals required by the described synthesis. The clandestine laboratory team of the Indiana State Police continues to see expanded activity in the area of methcathinone, or CAT, labs; in the state. To date, more than 30 methcathinone labs have been seized. Though generally “cook and shoot” operations, it was estimated at least one cook was making up to a pound of methcathinone a week. Intelligence information suggests that the total number of operational labs in the state is between 100-200. Using ephedrine or pseudoephedrine and sodium dichromate, the tell-tale green “pea” soup is often encountered. Eric Lawrence Indiana State Police Forensic Lab - Indianapolis

1-METHYLAMINO-1-PHENYLETHANE IDENTIFIED IN FLORIDA A recent submission of 62 pink, mottled tablets labeled “125 mg” on one side and an unidentifiable logo on the reverse was recently encountered at the Florida Department of Law Enforcement’s Tampa Regional Laboratory. The tablets were found to contain 1-methylamino-1-phenylethane hydrochloride, a non-controlled substance. A Marquis test gave a faint grayish reaction. The sample was examined by GC-MS using a HP 5890 GC coupled to a HP 5971 mass selective detector. The column was a 12m x 0.20 mm x 0.33µm film thickness. The temperature program started at 100°C ramped to 325°C. The total ion chromatogram and the mass spectrum is shown in Fig. 1.

VOLUME 7 NUMBER 4 — OCTOBER 1997

A portion of the tablet was dissolved in dilute sulfuric acid and washed with chloroform. The aqueous was made basic and extracted again with chloroform. The organic was dried with sodium sulfate and HCl gas bubbled into it. White crystals were recovered, pressed with KBr and run in a Nicolet 400D FTIR, Fig. 2. A straight chloroform extract of the tablets resulted in a similar IR. These tablets have been previously encountered in the Tampa and Orlando laboratories. However, these tablets contained MDMA. Richard Horvat FDLE Crime Laboratory – Tampa

WHITE HEROIN, LSD ON SUGAR CUBES FOUND IN OREGON In August 1997, we were floored to receive an approximately one-eighth ounce sample of fluffy white heroin. A local Portland Metro narcotics investigation turned up an informant who bought this from a supposedly resident Asian middleman who claimed to be able to supply pounds of the stuff. Heroin usually encountered in the Portland area is seen as Mexican “tar”. If there is white heroin in the community, enforcement never sees it. Also in August 1997, a transient arrested in Portland was found to have eight little one-eighth ounce dropper bottles, originally used for concentrated breath drops, each containing slightly dark liquid solutions of LSD. Sugar cubes with LSD are becoming rare instead of extinct; we see them once every few weeks, lately. Linton von Beroldingen OSP Forensic Lab – Portland, OR

METH LAB SEIZED IN RURAL NORTH CAROLINA; INTERNET CORRESPONDENCE FOUND On September 19, 1997, the DEA and State Bureau of Investigation seized a methamphetamine laboratory in rural Wake County subsequent to a two-pound delivery of methamphetamine to an undercover agent. Over 10,000 bottles of BDI Pharmaceutical’s “Mini-Two Way,” “Mini-Pseudo,” and “Mini-Thin” tablets were seized along with a large assortment of laboratory glassware, laboratory equipment, and chemicals. The chemist was using the red phosphorus – iodine procedure to reduce the ephedrine and pseudoephedrine extracted from the tablets, and he was vacuum distilling the methamphetamine produced. Chemicals used in the manufacture of MDMA were also seized: oil of sassafras, formaldehyde, ammonium chloride, and mercuric acetate. Personal correspondence with “Fester”

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Abundance

Average of 1.132 to 1.139 min.: MS.D (-)

120

750000 650000 550000 450000 350000 250000 42 58

150000 47

77

51

91

105 97 101

134 63 68 73 81 87 50000 115 040 45 50 55 60 65 70 75 80 85 90 95 100 105 110 115 120 125 130 135 m/z-->

Abundance 2400000

TIC: PEA-MS.D

1.14

2000000 1600000 1200000

CH3

800000

HN CH3

400000 Time-->

0

1-methylamino-1-phenylethane

1.50

2.00

2.50

3.00

3.50

4.00

4.50

5.00

5.50

Figure 1. Total ion chromatogram and mass spectrum of 1-methylamino-1-phenylethane

and “Strike” (http://www.lycaeum.org/~strike/) concerning procedures to manufacture MDMA were also seized. Irvin Lee Alcox NC State Bureau of Investigation – Raleigh

PAGE 10

POSSIBLE MOLTEN SODIUM FOUND IN LAB IN BEND, OR In August, the Oregon State Police Forensic Laboratory (Portland) assisted with the processing of a couple of boxed labs in Bend, Oregon. The samples collected indicated the labs were using red phosphorus, iodine and pseudoephedrine to produce methamphetamine. One unusual item that was recovered was a

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VOLUME 7 NUMBER 4 — OCTOBER 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

80

75

70

65

60

55

%Transmittance

50

45

40

35

30

25

CH3

20

HN

15

CH3

10

1-methylamino-1-phenylethane

5

4000

3500

3000

2500

2000

1800

1600

1400

1200

1000

800

600

Wavenumbers (cm-1)

Figure 2. FTIR of 1-methylamino-1-phenylethane, in KBr 2 liter Florence flask (about a 1 inch opening) that contained a pale amber liquid and a large single chunk of a dull, gray, metallic substance (about 4 inches in diameter). The chunk had taken the shape of the of the bottom of the flask. Analysis confirmed that the metallic chunk was sodium metal. We have not seen sodium metal in this form before. It appears as if the sodium had been poured into the flask before it solidified or melted after it was place in the flask. We usually find sodium in small pellets, chunks or ingots. The real treat was trying to get a sample out of the flask without breaking it.

UNUSUAL HEAT CONTROLLER FOUND IN PORTLAND LAB In September, The Oregon State Police Forensic Laboratory (Portland) responded to a cooking laboratory in Portland. A 5-liter reaction flask was being heated in the crawl space of a small

VOLUME 7 NUMBER 4 — OCTOBER 1997

home. A condenser was attached to the single neck reaction flask. Methamphetamine was being manufactured via the red phosphorus, iodine and pseudoephedrine method. The heating mantle was controlled in an unusual way. The heating unit of an electric skillet had been rewired and was connected to the heating mantle. The long probe assembly that normally slides into an electric skillet handle was placed between the outside of the reaction flask and the inside of the heating mantle. This assembly was adjusted (set to low temperature) to control the temperature of the reaction. The little indicating light was turning on and off at a very regular but rapid rate. The condenser was attached to a submersible pump that was pumping liquid through a copper chilling coil (like the type used for home brewing to chilling wort). The chilling coil was located in a nearby freezer. Tom Barnes OSP Forensic Lab – Portland

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ABSTRACTS OF THE 7TH ANNUAL TECHNICAL TRAINING SEMINAR SEPTEMBER 3-6, 1997 SAN DIEGO, CA WORKSHOPS

“Carbonyl and Amine Chemistry: Continued” Harry F. Skinner DEA – Southwest Laboratory San Diego, CA, USA Continuing last year’s presentation – examples will be given to define an analytical scheme based on the pH of solutions found at clandestine laboratory sites, “Ion Mobility Spectrometry Demonstration” Bryan A, Henderson DEA – Southwest Laboratory San Diego, CA, USA Ion Mobility spectrometry is a valuable tool in the detection of trace amounts of drugs. An overview of the theory will be offered. This will include a practical demonstration of this technique in a simulation of field sampling modes. “Clandestine Laboratory Sample Characterization and Extraction Techniques” Roger A. Ely DEA – Western Laboratory San Francisco, CA, USA One of the challenges for the forensic chemist is characterizing seized clandestine laboratory samples and applying a suitable extraction scheme for isolating controlled substances, precursors, reagents, and/or solvents. In this workshop, the author has classified various types of clandestine lab samples and created a flow chart to guide the examining chemist in selecting a suitable extraction method. This workshop will cover the examination of one- and two-phase liquids miscible and immiscible with water, liquid samples containing solids, solid organics and inorganics, residues, and specialized samples such as vacuum pump oils. This workshop will discuss each of the presented extraction methodologies, and provide tips on performing the extractions. Other topics to be discussed include the quantitative analysis of

PAGE 12

methamphetamine and amphetamine by GC-FID, the identification of the optical isomers of the phenylisopropylamines by derivatization using GC-FID, and some tips for improving phenethylamine chromatography. “Court Room Presentations” Roger A. Ely DEA – Western Laboratory San Francisco, CA, USA The ultimate test of the forensic drug chemist’s expertise is in the arena of the court. Testimony regarding clandestine laboratory evidence, processes, and reconstructions are very different from the typical controlled substance identification testimony. The success or failure of a forensic chemist’s testimony regarding a clandestine laboratory is directly related to the witness’s training, preparation, experience and breadth of knowledge. The presentation of often seemingly complex and technical concepts in a manner that a jury or court can understand is a challenge; yet, adequate preparation and rehearsal allow the witness to easily convey complicated information in a simple manner. The use of court displays cannot be understated. This workshop will provide some suggestions and salient points to consider for the clandestine laboratory expert witness. “Frye vs. Daubert: How Much Meth Could A One-Armed Man Cook, If A One-Armed Man Could Cook” Pamela Johnson Semo Regional Crime Lab Cape Girardeau, MO, USA The raid on a clandestine laboratory in Park Hills, Missouri, resulted in the recovery of a number of full and empty pseudoephedrine tablet boxes and bottles. These were inventoried, photographed, and released to the hazardous material disposal unit. The DEA agents and the local police department put questions to the laboratory as to how much methamphetamine could have been produced. Calculations were conducted on how much pseudoephedrine was present and how much methamphetamine could have been produced if the reaction resulted in 100% conversion. Since the sodium/ammonia reduction reaction was

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VOLUME 7 NUMBER 4 — OCTOBER 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION reported at the time to result in 90% conversion, a yield projection at this level was provided. The prosecution decided to utilize these projections in their court case. The use of these calculations were challenged and a Frye vs. Daubert hearing was conducted prior to the criminal trial. “Production Capacity Reports” Gerald Skrowonski DEA – North Central Laboratory Chicago, IL, USA

2.

United State v. Wagner, 884 F.2d 1090 (8th Cir. 1989) (Maximum amount of methamphetamine that defendant could produce was used in determining base offense level even though defendant inexperienced). United States v. Beshore, 96 F.2d 1380, 1383 (8th Cir, 1992) (The defendant’s purpose here was to manufacture methamphetamine, therefore any calculation must be based on the total amount of methamphetamine that the defendant was in a position to produce). “Mexican Drug Trafficking Situation Brief”

A forensic chemist may not only have to analyze evidentiary samples from a clandestine laboratory, but may also be called upon by prosecutors to prepare a “Production Capacity Report.” The purpose of this presentation is to present several ideas on how to prepare these reports. The “total amount” of controlled substance is typically calculated from the samples analyzed in the case. In addition, forensic chemists are required to determine how much more could be made from chemical supplies present at the clandestine laboratory. Historically, the production capability has always been calculated as the amount of controlled substance that could be manufactured at the 100% theoretical yield. This approach has been affirmed by two court decisions (1, 2). The data that the forensic chemist needs to perform these calculations may be based on: I. Primary Precursors A) Tablets 1. Listed Strength 2. Actual analysis B) Liquids 1. Instrumental techniques (GC, LC, etc.) 2. Gravimetric C) Powders 1. Net weight 2. Actual analysis 3. Residue on filter paper II. Important Reagents When one has a recipe or notes listing the amount of the reagent used for a particular size synthesis batch, the values listed may be used. Occasionally, records (handwritten notes, computer data, etc.) are found at clandestine lab sites indicating past drug production. The total amount of drug made can be evaluated from this information and, if pertinent, be included in the report. Finally, while a reasonable percent yield for the particular synthesis employed in the clandestine laboratory is not included in the capacity report, the forensic chemist should be prepared to testify to such a value and have the literature reference and/or other evidence available to support this value.

VOLUME 7 NUMBER 4 — OCTOBER 1997

1.

Robert N. Evans* and Thomas J. Harding* DEA – EPIC – Operational Intelligence Unit El Paso, TX, USA An overview of drug-trafficking organizations operating in Mexico and the United States. Personalities will be identified, along with a historical perspective of the Mexican Drug Trafficking Organization. Current methodology being utilized by these organizations will be detailed, as well as the relationship to criminal organizations operating along the U.S./Mexico border. “A Cookers Dream” Eric L. Lawrence Indiana State Police Indianapolis, IN, USA On February 13, 1997 search warrants were served at two locations southwest of Indianapolis. Eight individuals, part of a distribution ring dealing in methamphetamine, were arrested. One of the individuals arrested was charged with the manufacture of methamphetamine. What makes this case unusual is not only that the “cook” was employed by a large pharmaceutical company; but, was novel in his approach to the manufacture of methamphetamine. The location of his lab and the synthesis routes used were unusual. Both of these issues will be discussed. At the end of this presentation — a taped interview with the “cook” explaining how he made the dope will be viewed. “Tryptamines and TIHKAL” Andrew C. Allen, Ph.D. SmithKline Beecham Pharmaceuticals King of Prussia, PA, USA Tryptamines and their significance to forensic science are the subject of this presentation. The topics of discussion will include (1) The synthesis of DMT and related analogs; (2) The synthesis of indole and substituted indoles; (3) Commercial sources of

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION indole analogs as precursors to tryptamine analogs; (4) The pharmacology of tryptamine derivatives in terms of structure activity relationships; (5) Shamanism and its historic role in the use of these hallucinogenics; and finally (6) Animal and botanical sources of tryptamines and related analogs. “Protecting Group Chemistry” Tim McKibben Aurora Police Department Aurora, CO, USA Protecting group chemistry involves the use of reagents to convert a functional group into a “protected” functional group, which can then be subjected to reaction conditions which would otherwise destroy the unprotected form. This technique is commonly used throughout organic chemistry, especially in the pharmaceutical industry. This presentation will introduce the forensic chemist to some common protection groups and techniques used to add and remove them from the chemical intermediate. These “protected” intermediates or precursors have been encountered by forensic chemists and should be familiar to chemists investigating illicit drug manufacturing cases. Examples of protection group chemistry used in illicit and legal manufacturing will be presented. “The Kathey James Story” D.D.A. John M. Davis Riverside County District Attorney Riverside, CA, USA The Kathey James story and the new cases currently in the system will be used to illustrate the prosecution of homicides arising out of clandestine laboratory incidents. The future of case law in this area will be discussed and the successes and failures in the legislative arena. It will also be shown why child endangerment is not a viable theory for criminal liability in a murder trial. “A Career ‘High’” Richard R. Laing Health Canada Burnaby, BC, Canada Question: What do you have when you seize large quantities of LSD, MDA, MDMA, and DMT in a clandestine lab setting? Answer: Conspiracy, sophisticated laboratory setup, international distribution networks, multiple identities, and multimillion-dollar production capacity.

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All of these were found in a Vancouver suburban clandestine laboratory that was seized September 26, 1996, following a lengthy investigation. To add intrigue to this case, enter the key figure of Nicholas Sand. He had been a fugitive for over 20 years; convicted in absentia for the manufacture of LSD. The seized chemicals, notes, and ledger sheets all depict a large commercial manufacture and distribution operation. In the year proceeding the seizure, the records indicated gross wholesale sales in excess of $1,866,000.00. These sales represented the distribution of 127 gm of LSD, 500 gm of MDA, 4800 gm of MDMA, and 235 gm of DMT.

TECHNICAL PAPER PRESENTATIONS “Instant Crank” Greg Popovich CA DOJ –Santa Rosa Santa Rosa, CA USA With hydriodic acid coming under increasing scrutiny, other methods of illicitly reducing ephedrine will subsequently be explored. In an attempt to explore these other reductions, it was discovered that phosphorus triiodide will convert ephedrine to methamphetamine. Further studies revealed that at relatively high concentrations of phosphorus triiodide this reductions goes to completion within 15 minutes and has a theoretical yield of 63.4% “Trace Drug Evidence Collection Techniques” William M. Moriwaki DEA – Western Lab San Francisco, California, USA Ever since the O.J. Simpson trial unfolded, trace evidence collection and preservation has been closely scrutinized by the courts. The possible contamination and integrity of the evidence are the usual concerns; however, collecting trace drug evidence can present additional challenges. At the Drug Enforcement Administration’s Western Laboratory in San Francisco, we have successfully used two different procedures to collect trace amounts of drugs. One is based on the classic vacuum sweeping technique and the other is a solvent swabbing technique. The vacuum sweep is a classic technique used to collect trace physical evidence such as hairs, fibers, and drugs. Unfortunately, cross contamination is possible when collecting trace evidence with a vacuum. The nozzle head and filter housing must be thoroughly cleaned between each collection. Using clean pre-packaged disposable vacuum filter nozzles solves the issue

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION of sample contamination. These filters also increase efficiency because “blanks” no longer need to be collected between different samples. An alcohol wipe is the second technique we successfully use to collect drug residues at crime scenes and from drug suspects. Carrying methanol for swabbing can be problematic: bottles can break or leak. Federal law restricts carrying quantities of flammable liquids on airline flights. Contamination of the alcohol may be an issue, thus requiring “blanks” to be taken before each swabbing. A solution to the logistic problems of this technique is to use commercially prepared, pre-packaged, and pre-moistened alcohol towelettes. These towelettes offer a clean, compact, and contamination-free way to collect drug residues. These towelettes are an inexpensive and viable alternative to carrying solvents to a crime scene. To help identify areas where trace amounts of drugs may be present, an instrument known as the Ion Scan has been successfully used. The advantages and disadvantages will be discussed. “Clandestine Phenethylamine Laboratory Syntheses and Analytical Training” Roger A. Ely DEA – Western Laboratory San Francisco, CA, USA Regardless of their experience in examining suspected controlled substances, newly hired forensic chemists with the U.S. Drug Enforcement Administration’s (DEA) laboratories must successfully complete a rigorous analytical training program before they are allowed to examine case samples. Since the types of cases and work load vary with each DEA laboratory, each laboratory’s training program is developed and tailored to suit their needs. The DEA Western Laboratory, San Francisco, training introduces the controlled and restricted drug groups including color screening tests, extractions, identification and quantitative analyses procedures, and mock court sessions. The program also familiarizes the trainee with the uses and limitations of analytical instrumentation in the Western Laboratory. Though one or two “senior” chemists lead the training, other staff chemists assist by providing specialized training in analytical and/or instrumental methodology for particular drugs. Over the past 5 years, the author has developed and refined the clandestine phenethylamine laboratory investigation and analyses portion of the Western Laboratory’s training program. This section gives the new chemist the basic knowledge, skills, and techniques necessary to investigate, analyze, and testify about clandestine phenethylamine laboratories seized in the Western Laboratory’s 11-state service area. The training utilizes classroom lecture, hands-on syntheses and sampling, hands-on analytical methodology, a written examination and an oral presentation of analytical findings.

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This presentation details the clandestine phenethylamine training designed by the author. The author will provide a critical assessment of the success of the training to date and offer suggestions for developing similar training programs for individual laboratories. “Separation and Identification of Ephedrine and Pseudoephedrine Mixtures” Scott Oulton DEA – Southwestern Laboratory National City, CA, USA Clandestine methamphetamine laboratories are prevalent in the United States, especially in southern California. The synthesis route of choice is the reduction of ephedrine or pseudoephedrine with hydriodic acid and red phosphorus. Due to their availability, combinations of these two precursors are common at laboratory sites. Since ephedrine and pseudoephedrine are diastereoisomers, the chromatographic and physical separations of these two isomers are difficult. Trace mixtures of ephedrine and pseudoephedrine can be extremely difficult to analyze utilizing common underivatized chromatographic techniques. Separation and detection of ephedrine and pseudoephedrine mixtures can be accomplished with a gas chromatograph equipped with an HP-50+ (cross-linked 50% phenyl methyl siloxane) column. This mid-polarity phase column effectively separates ephedrine and pseudoephedrine mixtures without having to utilize derivatization techniques. Identification can be performed utilizing a gas chromatograph equipped with an HP-50+ column and an infrared detector. With sufficient sample size, separation and isolation of ephedrine and pseudoephedrine can be accomplished by simple dry extraction techniques. Identification of these compound mixtures can be performed utilizing infrared spectrophotometry. “Possible False Identification of MDEA and Tracing Back Synthetic Pathways in a Clandestine Laboratory” C. van Haeren*, V. Areschka and H, Coppens National Institute of Forensic Science Brussels, Belgium Twelve suspicious metal containers were discovered in the Port of Antwerpen, Belgium. They contained all the necessary equipment for a clandestine laboratory. From the GC-MS analysis of the material found in and around the equipment, it was clear that XTC was produced. Interpretation of the chromatograms and the mass spectrum data revealed that the main peak corresponded to 3,4-methylenedioxy-Nmethylamphetamine (MDMA). A smaller peak was identified as 3,4-methylenedioxyamphetamine. A second small peak appeared

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION to be 3,4-methylenedioxy-N-ethylamphetamine (MDEA). Further examination of the findings, however, suggests that the second small peak corresponds to N,N-dimethyl-MDA instead of MDEA. This fact could not be proven directly because commercial standards for N,N-dimethyl-MDA and MDEA are not available. The following indirect arguments were considered: • The unidentified peak is symmetrical, whereas the peak corresponding to MDEA gives a slightly more tailing profile due to the NH group in this molecule. • The mass spectrum of the unknown substance and MDEA are identical, except for the signal at m/z= 96, which is smaller in the case of MDEA. • TFAA derivatization of the found material yields MDMATFA and MDA-TFA, while no MDEA-TFA can be detected. This appears to confirm the absence of a NH group in the compound. • When MDEA, extracted from known MDEA tablets, was added to the found material; the resultant chromatogram showed that MDEA eluted at a different time than the unidentified peak. These arguments make it highly probable that N,N-dimethylMDA was present in the found material. This conclusion is important, because the correct identification of the by-products of the synthesis of MDMA can help to elucidate the pathways followed in the clandestine production. The presence of N,N-dimethyl-MDA and MDA in trace amounts indicates that the MDMA was produced by the methylation of MDA and not from the hydrolization of N-formyl-MDMA. “Fester Revisited: Comments On Proposed MDMA Synthesis” Vincent Murtagh Australian Government Analytical Labs Pymble, NSW, Australia In the second and third editions of his book, “Secrets of Methamphetamine Manufacture,” Uncle Fester proposed the Ritter reaction for making MDA. This process has been analyzed by various groups and the general view suggests that is not successful for ring-substituted amphetamines. In his fourth edition, Fester agrees. He now suggests the halo-safrole route. In this presentation some remarks are offered regarding the feasibility of use of the new method for clandestine cooks – based on some Sydney, Australia seizures.

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POSTER PRESENTATIONS

“Three Fatalities Involving Phosphine Gas, Produced as a Result of Methamphetamine Manufacturing” Lynn J. Willers-Russo Los Angeles County Sheriff’s Department Scientific Services Bureau Los Angeles, CA, USA This paper presents a case involving the death of three individuals suspected to have been overcome by phosphine gas. Phosphine is a toxic gas which can be generated during the manufacturing of methamphetamine. The objectives of this paper are to discuss: 1. The chemical mechanisms behind the generation of phosphine gas as they relate to the manufacturing of methamphetamine; 2. The toxicity of phosphine gas and the symptomology due to inhalation; 3. Possible phosphine exposure in the field by criminalists and law enforcement personnel who respond to clandestine laboratories. In August of 1996, three deceased individuals were discovered in a small motel room in Los Angeles County. Responding deputies who assessed the scene noted chemicals and glassware consistent with the clandestine manufacture of methamphetamine. A possible by-product of the ephedrine / hydriodic acid / red phosphorus manufacturing method is phosphine gas. This gas is extremely poisonous and can be generated when the reaction mixture is overheated. As no visible signs of injury were apparent on the victims, phosphine poisoning was suspected by responding Clandestine Laboratory Task Force personnel. Drager tubes were used to test for the presence of phosphine gas, which was detected at levels in excess of 1.0 ppm. The Threshold Limit Value is 0.3 ppm. There was concern regarding the exposure of deputies who had initially assessed the scene with no protective equipment to this potentially lethal gas. Clandestine laboratories are routinely encountered in Los Angeles County and frequently involve crude conditions and poor ventilation. The August 1996 incident raised several concerns and questions regarding lethal exposure, symptomology, general toxicity and the chemistry of phosphine gas. Initial review of the standard available reference material revealed little information. In an attempt to adequately address these new concerns, a more extensive review of scientific literature was conducted, and persons with specific knowledge or experience with phosphine gas, were contacted. Phosphine (hydrogen phosphide) is a toxic, colorless gas, which can be produced by a variety of chemical reactions. Generally, phosphine is seen in the farming industry where it is used as a grain fumigant. It has long been known that phosphine

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION can also be generated during the manufacturing of methamphetamine, using ephedrine, hydriodic acid and red phosphorus. Although some information about phosphine chemistry is available, there are no direct references to the generation of phosphine as a by-product during the manufacturing of methamphetamine. Some references were noted involving a reaction with phosphorous acid, whose chemical mechanism seems likely, given the type of clandestine labs that we frequently encounter. Most of the scientific literature regarding phosphine exposure deals with the inhalation of the gas by grain fumigators. The symptomology is well documented. The more common symptoms include those involving the lungs and respiratory tract. Bronchitis and irritation of the lungs, dyspnea and pulmonary edema are frequently seen. Other common symptoms include headache, fatigue, dizziness, pain or pressure in the chest, nausea and vomiting. The primary result at autopsy is generally pulmonary edema, and this case was no exception. Some studies indicate a correlation between phosphine exposure and the inhibition of electron transport, due to the phosphine interaction with cytochrome oxidase. Research has also associated phosphine with possible chromosomal damage and with Heinz body formation in red blood cells. With respect to possible phosphine exposure from clandestine laboratories, it is unknown to what extent, if any, responding personnel are exposed as no testing for the gas is routinely performed. As a result of this deadly incident, a Drager pump and tubes for phosphine (as well as a phosphine-specific gas mask) were purchased and utilized in the field, when the presence of phosphine might be likely. The results were surprising in that phosphine was encountered more often than originally suspected. Once the odor was recognized, the number of incidents where it was detected increased, more likely due to the increased awareness than by an increase in the actual number of occurrences. Some of the criminalists noted that they had previously encountered the odor before, both in the field and in laboratory submissions. The review of this material has led to a better understanding of phosphine, and has allowed us to educate our criminalists and other field personnel, to the possible hazards of accidental exposure. “Imitation Liquids for Clandestine Laboratory Investigations” Norman E. Mausolf DEA — Mid-Atlantic Lab Washington D.C., USA Recipes for liquids that can imitate “liquid” PCP, phenylmagnesium bromide solution, and piperidine are given. The chemicals used are not controlled and are less hazardous than their genuine counterparts. An attempt has been made to imitate appearance as well as smell.

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“A Statistical and Geographic Study of Methamphetamine and Amphetamine Submissions to the Mississippi Crime Laboratory from January 1996 through June 1997” Jamela Naron Johnson Mississippi Crime Laboratory Meridian, MS, USA This study was performed to provide a “first-hand” analyst account of methamphetamine and/or amphetamine submissions to the Mississippi Crime Laboratory from January 1996 through June 1997 for the purpose of illustrating the recent stimulant trends in the State of Mississippi. The primary objectives of this study are: 1) to illustrate specific county distribution, noting any social considerations which could reveal a link between stimulant abuse and each particular county (i.e. high incidence of motorcycle gangs, college towns, truck drivers, military installations, etc.); 2) diluent trends in specific areas of the State of Mississippi; and 3) concurrent case exhibits containing other controlled as well as non-controlled substances. “l-Methamphetamine in the Midwest” Gerald T. Skowronski DEA — North Central Laboratory Chicago, IL, USA Seven exhibits containing l-methamphetamine were analyzed by the DEA – North Central Laboratory early in 1997. Analytical data including polarimetry and derivatized gas chromatography used for the enantiomer determination is presented. “Bunk Mini–Thins” Gina Williams San Bernardino County Sheriff’s Dept. Scientific Investigations Division San Bernardino, CA, USA San Bernardino County Sheriff’s seized 100 cases of Mini-Thin tablets bearing two different lot numbers. All bottles were factory labeled and factory sealed. Pills from one lot number contained pseudoephedrine as expected. Pills from the other lot number contained no pseudoephedrine and were not visually similar. Both types of pills and analytical data are displayed.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “Hydrogen Sulfide Fatality” Mahul Anjaria, Blaine Kern and Kerri Heward San Bernardino County Sheriff’s Department Scientific Investigation Division San Bernardino, CA, USA A deceased male found lying outside of a room which contained a methamphetamine laboratory. Inside of the room was found a discharging gas cylinder labeled “hydrogen sulfide” which was connected to tubing leading into a bucket of liquid. An APR with organic vapor cartridges was found near the body. Apparently, the “cook” mistakenly used hydrogen sulfide gas instead of hydrogen chloride gas to salt out his finished product, leading to his demise.

“Dirt Extraction of Methamphetamine” Kerri T. Heward and Ken Lee San Bernardino County Sheriff’s Department Scientific Investigations Division San Bernardino, CA, USA In the past two years the San Bernardino County Sheriff’s Department – Scientific Investigations Division has seen numerous methamphetamine laboratories involving a “dirt extraction” procedure. These laboratories have all been associated with a Mexican national style dump site in the Lucerne Valley which was not adequately remediated. Observations and analysis of samples taken by the crime lab show that methamphetamine can, in fact, be extracted from the dirt on the property in question in significant amounts.

“Determinations of Cations in Seized Clandestine Laboratory Samples by Capillary Electrophoresis” Victor A. Bravenec DEA – South Central Laboratory Dallas, TX, USA Many synthesis routes use inorganic components to manufacture illicit drugs. The analysis of these inorganic components in clandestine laboratory samples can prove to be valuable information in determining the synthesis route used. Capillary Ion Electrophoresis (CIE) was chosen for the analysis of the cations as it provides good selectivity, short analysis time, smaller amount of sample (4-7hl), little sample preparation, and equal or lower detection limits (5 to 30 ppb) when compared to ion chromatography or atomic absorption spectrometry. Capillary Ion Electrophoresis is a capillary electrophoresis technique optimized for the rapid determination of low molecular weight inorganic and organic ions. These small ions lack a chromophore so Indirect Photometric Detection (IPD) is employed to obtain detection of these analytes. The following cations are characterized: aluminum, chromium, sodium, lithium, magnesium, ammonium, barium, zinc, lead, calcium, copper, nickel, strontium, potassium, mercury, and thorium. Analysis of illicit samples of popular synthetic routes will be presented as well as detection of various cations on clandestine glassware and other containers.

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“Anion Analysis of Hydriodic Acid by Capillary Electrophoresis” Nathan Salazar DEA – Southwestern Laboratory San Diego, CA, USA Anion analysis of hydriodic acid (HI) was conducted using capillary electrophoresis (CE) with indirect photometric detection. Analysis were carried out using a fused silica 70cm (61.5cm effective length) x 75µ I.D. capillary at 25°C, with 30kV applied potential. The background electrolyte consisted of 2.25mM pyromelletic acid as the visualizing agent, and 0.75mM hexamethonium hydroxide as an electroosmotic flow modifier. The background electrolyte was buffered at pH 7.7 with sodium hydroxide and triethanolamine. Separation of iodide from other anions was achieved by addition of 10% methanol to the background electrolyte. Quantitation of iodide was conducted to determine the percent HI in solution with an observed linear dynamic range from 15 to 120ppm. Clandestinely prepared HI made by reacting iodine with phosphorus in water was compared to commercially prepared HI. Detection of phosphate anion was observed for the clandestinely prepared HI, whereas commercially prepared HI displayed no detection of phosphate anion.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

SEPARATION AND IDENTIFICATION OF EPHEDRINE, PSEUDOEPHEDRINE AND METHAMPHETAMINE MIXTURES SCOTT R. OULTON, B.S. DEA Southwest Laboratory 410 W 35th St National City, CA 91950-7910

INTRODUCTION Clandestine methamphetamine laboratories are prevalent in the United States, especially in southern California. The current synthesis route of choice is the reduction of ephedrine or pseudoephedrine with hydriodic acid and red phosphorus [1]. Combinations of these two precursors are common at laboratory sites [2, 3]. Since ephedrine and pseudoephedrine are diastereomers, the chromatographic and physical separations of these two isomers have been challenging. Trace mixtures of ephedrine and pseudoephedrine have been difficult to analyze utilizing common underivatized chromatographic techniques. Separation and detection of ephedrine and pseudoephedrine mixtures were accomplished with a gas chromatograph equipped with an HP-50+ (cross-linked 50% phenyl methyl siloxane) column [4]. This mid-polarity phase column effectively separates ephedrine and pseudoephedrine mixtures without having to utilize derivatization techniques. Identification was performed utilizing a gas chromatograph equipped with an HP-50+ column and infrared detector. The separation and isolation of ephedrine and pseudoephedrine was accomplished by simple dry extraction techniques. Identification of the resolved compounds were performed utilizing infrared spectrophotometry.

EXPERIMENTAL Chromatographic Separation Gas Chromatographic Analysis. These analyses were performed using a Hewlett-Packard 6890 Gas Chromatograph equipped with a flame ionization detector and electronic pneumatic control. A 15.0 m x 0.25 mm id. fused-silica capillary column coated with 0.25 µm HP-50+ (Hewlett-Packard) was employed. Hydrogen was the carrier gas, with an average linear velocity of 60 cm/sec (constant flow). The injection port and detector were maintained at 280°C. The samples were dissolved in methanol (0.5 mg/mL) and 1 mL of each sample was injected in split mode (150:1). In Condition one, the oven temperature was held isothermally at 120°C for 7.0 min. In Condition two, the oven temperature was programmed as follows: Initial temperature

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120°C, hold for 2.0 minutes, then ramp temperature at 25°C per minute to 130°C, hold for 1.8 minutes, then ramp at 25°C to 260°C and hold for 0.60 minutes (total run time was 10 minutes). Gas chromatographic-Infrared analysis. These analyses were performed using a Hewlett-Packard 5890 Gas Chromatograph equipped with a Hewlett-Packard 5965A Infrared detector. A 15.0m x 0.32 mm id. fused-silica capillary column coated with 0.52 µm HP-50+ was employed. Helium was the carrier gas with an average linear velocity of 40 cm/sec (constant pressure). The injection port and detector were maintained at 280°C. The sample was dissolved in methanol (1.0 mg/mL) and 1 mL of the sample was injected in splitless mode (initial purge off then on at 0.55 minutes). The oven temperature was programmed as follows: Initial temperature 40°C, hold for 1.0 minute then ramp temperature at 30°C per minute to 130°C, hold for 6.0 minutes (total run time was 10 minutes). The flow cell and transfer lines were maintained at 275°C. The optical resolution was set at 8 cm-1. Physical Separation Physical separation of ephedrine hydrochloride and methamphetamine hydrochloride. 50 mg of an equal mixture of each compound was placed on a filter paper and washed with approximately 40 mL of a 3:1 mixture of chloroform and hexane. The solute was evaporated to dryness and an infrared spectrum was obtained (methamphetamine hydrochloride). The insoluble portion was further washed with chloroform, dried and an infrared spectrum was obtained (ephedrine hydrochloride). Physical separation of pseudoephedrine hydrochloride and methamphetamine hydrochloride. An equal mixture of each compound was prepared. A 25 mg portion of this sample was dissolved in a 20 mL 2:1 mixture of chloroform and hexane in a beaker. The solution was evaporated to approximately half volume and ether was added to precipitate the methamphetamine. The crystals were filtered, dried, and an infrared spectrum obtained (methamphetamine hydrochloride). A separate 25 mg portion of this mixture was dissolved in 2 mL of chloroform, and exactly 1.6 mL of hexane was added to precipitate the pseudoephedrine. The solid was filtered, dried and an infrared spectrum obtained (pseudoephedrine hydrochloride).

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Physical separation of ephedrine hydrochloride, pseudoephedrine hydrochloride and methamphetamine hydrochloride. An equal mixture of each compound was prepared. A100 mg portion of this sample was placed in a filter paper and washed with 40 mL of a 3:1 mixture of chloroform and hexane. The insoluble portion was further washed with chloroform, dried, and an infrared spectrum obtained (ephedrine hydrochloride). The initial solute was evaporated to dryness and divided in two equal portions. Approximately half of this mixture was dissolved in 20 mL of a 2:1 mixture of chloroform and hexane. The solution was evaporated to approximately half volume, and ether was added to precipitate the methamphetamine. The solid was then filtered, dried and an infrared spectrum obtained (methamphetamine hydrochloride). The remaining portion was placed in 2 ml of chloroform, and 1.6 mL of hexane was added to precipitate the pseudoephedrine. This was then filtered, dried and an infrared spectrum was obtained (pseudoephedrine hydrochloride). Infrared spectroscopic analysis. Infrared spectra were recorded as KBr discs on a Nicolet Impact 400 Fourier transform infrared (FTIR) spectrophotometer.

RESULTS & DISCUSSION Chromatographic Separation Separation of a simple mixture of ephedrine and pseudoephedrine was accomplished utilizing a gas chromatograph equipped with an HP-50+ column. The gas chromatographic analysis of an equal mixture of ephedrine and pseudoephedrine utilizing condition one showed two separate peaks (Fig. 1). The first peak (4.497 minutes) was ephedrine; the second peak (4.749 minutes) was pseudoephedrine. The two compounds displayed full baseline resolution separated by 0.252 minutes. Figure 1 clearly shows that the chromatographic system was an adequate method for differentiation of these diastereomers. The best resolution and peak shape of these diastereomers were obtained utilizing the experimental conditions listed. The carrier

gas flow rate was chosen to achieve the best peak shape without sacrificing too much resolution. Other techniques such as capillary electrophoresis has proven to be useful in separating the diastereomers and enantiomeric pairs. Separation of a more complex mixture of commonly encountered substances was accomplished utilizing gas chromatography employing an oven temperature program. Using condition two, the oven temperature was maintained at 120°C at the beginning to accommodate the low boiling properties of dimethylsulfone, amphetamine and methamphetamine. The oven temperature was then increased to 130°C. It was determined experimentally that the best separation for ephedrine and pseudoephedrine was accomplished by ensuring these components eluted during isothermal conditions. The temperature was then increased to 260°C to elute the remaining components. The gas chromatographic analysis of a mixture of dimethylsulfone (0.907 min), amphetamine (1.269 min), methamphetamine (1.485 min), phenylpropanolamine (3.447 min), ephedrine (3.780 min), pseudoephedrine (3.925 min), niacinamide (5.469 min), guaifenesin (6.931 min), caffeine (8.402 min) and triprolidine (9.454 min) showed ten separate peaks (Fig. 2A). Phenylpropanolamine, ephedrine and pseudoephedrine achieved full baseline resolution (Fig. 2B). Other columns such as HP-1 or HP-5 do not effectively separate mixtures of ephedrine and pseudoephedrine. In fact, niacinamide co-eluted with the two diastereomers. Phenyl-2propanone (P2P) also interferes. On the HP-1 or HP-5 column, P2P co-eluted with amphetamine. On the HP-50+, P2P co-eluted with methamphetamine. A combination of these two types of columns will compliment each other in special instances. Separation and identification of ephedrine and pseudoephedrine mixtures was accomplished utilizing a gas chromatograph equipped with an HP-50+ column and an infrared detector. The carrier gas flow rate was chosen to achieve the best peak shape. The total response chromatogram from the gas chromatographic infrared analysis of the equal mixture of ephedrine and pseudoephedrine showed two separate peaks. The two components were separated by 0.220 minutes. The vapor phase infrared spectrum of the first peak at 6.020 minutes was

Fig. 1 — Gas chromatographic separation of ephedrine and pseudoephedrine FID1 A, (A:\DATAFI~1\12-13001.D)

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Fig. 2A — Gas chromatographic separation of commonly encountered adulterants

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ephedrine (Figure 3). The vapor phase infrared spectrum of the second peak at 6.240 minutes was pseudoephedrine (Figure 4). A disadvantage to this chromatographic technique is that the salt form does not remain intact; conversely, the salt form does not interfere. Although the vapor phase infrared spectra of ephedrine and pseudoephedrine are similar, they have distinct differences. The most pronounced difference is the region between 950 and 1250 cm-1. The band at 1320 cm-1 for ephedrine is more intense than pseudoephedrine. Conversely, the band at 750 cm-1 for pseudoephedrine is more intense than ephedrine. Figure 3 and Figure 4 clearly show that the spectroscopic variance is adequate for differentiation between the diastereomers. Vapor phase infrared techniques prove to be a valuable choice for qualitative information of compounds that are similar, especially when complimentary techniques have been found to be unsuccessful. Other qualitative techniques such as gas chromatography mass spectrometry (GC-MS) has been a poor choice in differentiation among these diastereomers. GC-MS data of ephedrine and pseudoephedrine are virtually identical.

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Physical Separation The simplest technique used to separate mixtures of ephedrine hydrochloride or pseudoephedrine hydrochloride and methamphetamine hydrochloride have been described as follows. Utilizing the chloroform solubility differences, these components were simply separated by collecting the first couple of chloroform soluble drops to isolate the methamphetamine hydrochloride. The ephedrine hydrochloride or pseudoephedrine hydrochloride were isolated by washing with a controlled amount of chloroform to remove any excess methamphetamine hydrochloride. However, this technique does not work with a combination of methamphetamine hydrochloride, ephedrine hydrochloride and pseudoephedrine hydrochloride. Physical separation of ephedrine hydrochloride and methamphetamine hydrochloride mixtures was accomplished using mixed solvent dry extraction techniques. Solvent dry extraction utilizes the relative solubilities of solid materials in different solvents to facilitate separation. A primary advantage to utilizing dry extraction, is that the salt form remains intact. The three scenarios listed were accomplished on variations of equal

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Fig. 3 — Vapor phase infrared spectrum of ephedrine A:\$EPH_PSE.D\EPHED.SPC

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION to 3:1 mixtures. These scenarios were not entirely successful for mixtures containing less than 25% of one of the active components. Methamphetamine hydrochloride is freely soluble in chloroform whereas ephedrine hydrochloride is very slightly soluble (Table 1) [5]. Using a simple chloroform extraction, a mixture of methamphetamine hydrochloride and ephedrine hydrochloride would be expected in the solute. This can easily be circumvented by using a 3:1 mixture of chloroform and hexane, which will not dissolve ephedrine hydrochloride. The sample was washed with the solvent mixture to separate pure methamphetamine hydrochloride. The insoluble portion can contain a small amount of methamphetamine hydrochloride mixed with ephedrine hydrochloride, which was removed by washing with chloroform. The wash is discarded and the insoluble portion contained pure ephedrine hydrochloride. These components were positively identified by infrared analysis. Physical separation of pseudoephedrine hydrochloride and methamphetamine hydrochloride mixtures were accomplished using mixed solvent dry extraction techniques. Pseudoephedrine hydrochloride is sparingly soluble in chloroform (1 in 60 parts), where methamphetamine hydrochloride is freely soluble in chloroform (1 in 5 parts). A combination of methamphetamine hydrochloride and pseudoephedrine hydrochloride would be expected if a simple chloroform extraction was performed. Pseudoephedrine hydrochloride is very slightly soluble in ether, whereas methamphetamine hydrochloride is practically insoluble (Table 1) [5]. The separation is more efficiently accomplished by dissolving the substance in a 2:1 mixture of chloroform and hexane. This solution was then evaporated to half volume and ether was added to precipitate the methamphetamine hydrochloride. Pseudoephedrine hydrochloride and a small amount of methamphetamine hydrochloride remains in solution. The methamphetamine hydrochloride was isolated by filtering the mixture. The pseudoephedrine hydrochloride was isolated by taking another portion of this sample and dissolving the mixture in 2 mL of chloroform. Exactly 1.6 mL of hexane was added to precipitate the pseudoephedrine hydrochloride. Methamphetamine hydrochloride is more soluble in chloroform, so it remains in this solution. If too much hexane is added, the methamphetamine hydrochloride will also precipitate. The pseudoephedrine hydrochloride was isolated by filtering the mixture. These components were also positively identified by infrared analysis. Physical separation of ephedrine hydrochloride, pseudoephedrine hydrochloride and methamphetamine hydrochloride mixtures was accomplished using mixed solvent dry extraction and crystallization techniques. The sample can first be washed with a 3:1 mixture of chloroform and hexane to isolate the methamphetamine hydrochloride and the pseudoephedrine hydrochloride. The insoluble portion was washed with chloroform to remove any excess pseudoephedrine hydrochloride and/or methamphetamine hydrochloride. The insoluble portion contained pure ephedrine hydrochloride. The 3:1 mixture of chloroform and hexane portion was evaporated

VOLUME 7 NUMBER 4 — OCTOBER 1997

and the resulting solid contained a combination of methamphetamine hydrochloride and pseudoephedrine hydrochloride. These components were then separated by the previous procedure. Once separated, all the components were positively identified by infrared analysis.

CONCLUSION Sample mixtures of ephedrine and pseudoephedrine were quickly screened by gas chromatography. These components, along with many commonly encountered adulterants, were completely separated and detected without having to utilize derivatization techniques. In addition, trace mixtures of ephedrine and pseudoephedrine were separated and positively identified utilizing gas chromatography with an HP-50+ column and an infrared detection system. Physical separations of ephedrine hydrochloride, pseudoephedrine hydrochloride and methamphetamine hydrochloride have been accomplished using simple mixed solvent dry extraction and crystallization techniques. The physical separation is non-destructive and effective for isolating the drugs and identifying the salt forms.

REFERENCES 1. 2. 3. 4. 5. 6.

Skinner, H.F., “Methamphetamine Synthesis via Hydriodic Acid/Red Phosphorus Reduction of Ephedrine,” Forensic Science International, Vol. 48, 1990, pp. 123-134. “The Chemical Diversion and Trafficking Act of 1988,” Anti-Drug Abuse Amendments Act of 1988, Subtitle A. Drug Enforcement Administration, Statistical Reports, 1996. Hewlett-Packard, “New HP-50+ Mid Polarity Phase Columns,” Peak, Vol. 2, 1996, pg. 13. Moffat, A. C., Sr. Ed., “Clarke’s Isolation and Identification of Drugs,” The Pharmaceutical Press, London, Second Edition, 1996, pp. 584-585, 763-764, 944-945. Budavari, S., Ed., “The Merck Index,” Merck & Co., Inc., Rahway, N.J., Eleventh Edition, 1989, pp. 565-566.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

HYDROFLUORIC ACID EXPOSURE HAZARDS: FIRST AID AND TREATMENT BRUCE LAZARUS, C.I.H., R.E.S.H. Director of Industrial Hygiene Services Network Environmental Systems, Inc. 10933 Trade Center Drive, Ste. 108 Rancho Cordova, Ca 95670 Hydrogen fluoride (HF) in aqueous solution is a colorless, fuming, mobile liquid which will attack glass and any siliconcontaining materials. HF is manufactured from the reaction between fluorspar (calcium fluoride) and sulfuric acid to produce HF gas, which is then cooled into liquid. Chemical grade concentrations of 38%, 47%, 53% and 70% are manufactured and used in a variety of industries including aluminum production, removal of sand from metal castings, glass etching, silicon chip and electronic chip manufacturing, acidizing oil wells (pH control), manufacture of chemicals (fluorides, water treatments, fertilizers, pesticides, solvents, dyes, plastics, refrigerant fluids, high octane fuels), treatment of textiles, and processing uranium [1, 2]. Several domestic products including rust removers, aluminum brighteners and heavy-duty cleaners include HF as an active constituent [2]. Although HF is considered a weak acid, with a dissociation constant one thousand times less than that of hydrochloric acid, aqueous solutions of HF are still corrosive to all human tissues. In addition, hydrofluoric acid is toxic by all routes of entry, but especially when associated with serious skin exposures due to rapid skin absorption of HF and the subsequent action of the freely dissociable fluoride ion [2]. See Table 1. Hydrofluoric acid is not traditionally used in clandestine laboratory manufacturing as an acid reagent [3], but has been identified at clandestine laboratory sites indicating that some individuals may be attempting to use the acid in one or more processing steps. Because of the highly hazardous and toxic properties of HF, investigators should use extreme caution to avoid any exposure to vapors, and specially any spilled liquids. Skin exposure must be avoided. Human studies indicate that repeated airborne exposures above 3 ppm are associated with redness of the skin, and burning and irritation of the nose, and eyes. Epidemiological studies suggest that no significant pulmonary function changes occur from occupational exposures at average concentrations of approximately 1 ppm. Interpretation of available human studies also suggest that prolonged exposure to airborne concentrations of hydrogen fluoride (possibly above 3-4.3 ppm) may lead to dental and / or osteofluorosis [4]. Although inhalation of HF can be serious and life threatening at elevated concentrations, the more sinister hazard may be from skin exposures. Concentrated HF liquid exposure to as little as

PAGE 24

2.5% of the body surface may be fatal [5]. In one case, a 23-year old male was splashed with 70% HF over 10% of his body surface. The victim immediately showered in the workplace before being taken to a nearby emergency room. The patient developed bronchospasm and suffered several episodes of ventricular tachycardia before dying of cardiac arrest seventeen hours after exposure. Autopsy revealed elevated tissue fluoride levels distant from the site of the exposure [5]. In a second reported case, a worker was splashed in the face by anhydrous HF, resulting in 2.5% of body surface exposure. The patient died of intractable ventricular fibrillation within five hours of the incident, despite progressive medical treatment including surgical debridment [2]. The toxicity of HF is related to both the initial corrosive skin injury at the site of exposure, and the potent diffusing capacity and mode of action of the fluoride ion within the tissue. HF rapidly penetrates deeper tissues where the dissociated fluoride ion attacks magnesium and calcium ions to form neutralizing salts that precipitate within the tissue. This process interferes with cellular respiration, inducing cell death and necrosis, leading to extensive liquifactive necrosis of the soft tissue, and decalcification and corrosion of the bone [2]. The characteristic pain associated with HF burns may be related to the immobilization of the calcium ions in the tissue, causing nerve stimulation by the shifting of potassium ions [2]. In addition to the fluoride ion’s affinity to precipitate calcium ions, resulting in hypocalcaemia, the fluoride ion likely interferes with a variety of enzyme systems by binding to magnesium and manganese [2]. Thus, HF exposures may show a variety of cardiac, respiratory, gastrointestinal, and neurological presentations, manifested by nausea, vomiting, abdominal pains, muscular pains and fibrillation, convulsions, pareses, cyanosis, hypotension, cardiac arrhythmias, and cardiac failure [2, 5]. Skin exposures to HF acid of less than 20% concentration are often not associated with superficial burns. However, pain may occur later as secondary tissue destruction caused by the fluoride ion occurs. Tissue destruction may persist and increase for days after the exposure, resulting in significant soft tissue and bone destruction [2, 5]. At concentrations above 50%, pain is immediate and tissue destruction obvious [5]. First aid response to skin and eye exposures emphasis rapid removal and immediate, copious flushing with water, followed by immediate emergency medical treatment [6]. See Table 2.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Table 1: Hydrogen Fluoride Synonyms: Anhydrous Hydrogen Fluoride, Hydrofluoric Acid

CAS No.: 7664-39-3

Formula: HF

Properties Appearance: Colorless gas or fuming liquid

Odor: Strong, irritating

Mol Weight: 20.01

OdorThreshold: 0.042 ppm

Specific Gravity: 0.987 (liquid)

VaporPressure: 783 mm

Freezing Point: - 83°C

Density: 0.7

Boiling Point: 19.51°C Solubility:

UEL: N/A

Very soluble in water and alcohol, soluble in most organic compounds

Flash Point: N/A

LEL: N/A Ion Potential: 15.98 eV

Exposure Limits PEL: 3 ppm

TLV: 3 ppm (ceiling limit)

REL: 3 ppm

IDLH: 30 ppm

Hazards Target Organs: Eyes, skin, respiratory system, bone Hazard Category: Corrosive gas, corrosive, poison, inhalation hazard Incompatibilities: Metals, water or steam, glass, concrete, silicon Health Hazards: Strong irritant, corrosive, pulmonary edema, bone and nerve damage, Fluorosis. Other: When heated to decomposition will emit toxic fumes of Fluorine (F)

Personal Protection Respiratory Protection: Supplied air (SCBA) may select air purifying respiratory with Acid Gas cartridges at or below 30 ppm Chemical Protective Saranex (for 50% Hydrofluoric Acid), Tychem 9400, Tychem 10,000 (for gas or liquid) suit: Chemical Protective Teflon (PTFE) Gloves:

The medical treatment of HF burns has progressed through a range of therapies including hydrotherapy, topical treatments using magnesium compounds, quaternary ammonium compounds, and calcium gels, infiltration treatments using magnesium sulfate and calcium gluconate, enhancement of the delivery of calcium ion to the deeper tissue by the addition of topical applications of dimethyl sulfoxide (DMSO), intra-arterial infusions of calcium solutions recommended to be reserved for more severe HF burn cases unresponsive to local therapy [9], intravenous infusions of calcium gluconate, iontophoresis using

VOLUME 7 NUMBER 4 — OCTOBER 1997

a solution of calcium chloride containing an anode lead plate, and surgical excising [2]. Current treatments for skin exposure favor rapid and thorough lavage, surgical excising when indicated, and the delivery of calcium gluconate gels or solutions [2, 7, 10]. Eye injuries are treated similarly, with 15-30 minute rapid delivery lavage, followed by calcium gluconate eye drops and follow-up ophthalmological evaluation. Injection of calcium gluconate subconjuctivally after irrigation of eye exposures may worsen the condition and is not recommended [11]. Inhalation injuries should be treated by prompt removal from exposure,

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION administration of humidified, 100% pure oxygen, and sometimes the use of nebulized calcium gluconate solution [2, 7]. See Table 3. Although HF is not routinely encountered at clandestine laboratory sites, individuals have, on occasion, experimented with its use. In a recent case, a male patient was treated at an emergency room admitted to handling HF while attempting to manufacture methamphetamine. During initial treatment, the patient had no detectable blood pressure and a cardiac output of only 9% [12]. Clearly, clandestine laboratory investigators should use extreme caution for all chemicals including HF encountered in the field.

3. 4. 5. 6.

7.

REFERENCES 1. 2.

Hauley's Condensed Chemical Dictionary, 11th Edition, Van Reinhold Co., Ltd., New York, NY, 1987 Kirkpatrick, D.S., “Hydrofluoric Acid Burns: A Review,” Burns, Vol. 21, No. 7, 1995, p. 483-493.

8. 9.

Personal communication with Roger Ely, DEA Western Laboratory, San Francisco, CA, August, 1997. American Conference of Governmental Industrial Hygienists, “Documentation of Threshold Limit Values: Hydrogen Fluoride,” revised, 1992, p. 780-781. Sheridan, R.L., et al., “Emergency Management of Major Hydrofluoric Acid Exposures,” Burns, Vol. 21, No. 1, 1995, p. 62-64. Yamaura, K., et al., “Recurrent Ventricular Tachyarrhythmias Associated with QT Prolongation Following Hydrofluoric Acid Burns,” Journal of Toxicology and Clinical Toxicology, Vol. 35, No. 3, 1997, p. 311-313. Kirkpatrick, D.S., and Burd, D.A.R., “An Algorithmic Approach to the Treatment of Hydrofluoric Acid Burns,” Burns, Vol. 21, No. 7, 1995, p. 495-499. Seyb, S.T., et al., “A Study to Determine the Efficacy of Treatments for Hydrofluoric Acid Burns,” Journal of Burn Care Rehabilitation, Vol. 16, No. 3, Pt. 1., 1195, p. 253-257. Dowbask, G., Rose K., Rohrich, R.J., “A Biochemical and Histological Rationale for the Treatment of Hydrofluoric

Table 2. Hydrogen Fluoride First Aid / Emergency Procedures Ingestion: Dilute with milk, lime water or aluminum hydroxide. Seek emergency medical attention immediately. Treat with gentle gastric lavage. Multiple lumen tube suggested. Monitor for cardiac arrhythmias. Skin: Get medical attention. Immediately flush body with large quantities of water. Remove and destroy contaminated clothing. Immediately and constantly flush skin with plenty of water for at least 30 minutes or until medical treatment is received. Pay particular attention to flushing skin under nails. While flushing, remove contaminated clothing and shoes and destroy. Get emergency medical attentions. Eyes: Get medical attention. Immediately and consistently flush eyes with plenty of water for at least 15 minutes or until medical treatment is received. Inhalation: Remove to fresh air. Get medical attention. Immediately move person to fresh air. Treat for shock. Start 100% humidified, pressurized oxygen under observation of physician. If not breathing, give artificial respiration, preferably mouth-to-mouth. Inhalation may be fatal as a result of spasm, inflammation and edema of the larynx and bronchi, chemical pneumonitis and pulmonary edema. Symptoms of exposure may include burning sensation, coughing, wheezing, laryngitis, shortness of breath, headache, nausea, and vomiting. All Cases: After taking above steps, cover burned area with a dry sterile dressing. Arrange for transportation to clinic or emergency room. Special Precautions: 1. Follow above procedures even if burn is only suspected. 2. Take care not to touch HF when giving first aid. 3. Do not apply salve or other burn preparations unless so instructed by the nurse. 4. Always advise clinic, paramedics, or emergency room that burn is caused by Hydrofluoric Acid and give percent of concentration, if known.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Table 3. Definitive Care Of Hydrofluoric Acid Burns General: 1.

All treatment personnel must take extreme care not to contaminate themselves.

2.

Lavage should be immediate and prolonged for at least 30 minutes.

3.

Inhalation injuries should be assumed in serious burns (i.e. 50% HF, of head and neck, of greater than 5% of body, soaked clothing, occurring in confined spaces).

Skin: 1.

Evaluate for signs of systemic toxicity.

2.

Apply liberal amounts of 2.5% Calcium Gluconate.

3.

Evaluate control of pain.

4.

Consider subcutaneous infiltration with 5% Calcium Gluconate if pain is not controlled.

5.

Re-evaluate for signs of systemic toxicity.

Fingers: 1.

Massage 2.5% Calcium Gluconate gel until pain subsides plus 15 minutes.

2.

For pain under nails consider removal or splitting to allow gel penetration.

Eyes: 1.

Provide saline lavage for 30 minutes using a rapid delivery system. Remove contact lenses after brief irrigation.

2.

Apply 1% Calcium Gluconate eye drops every 2-3 hours.

3.

Obtain immediate Ophthal Mycological opinion

Inhalation: 1.

Evaluate for signs of systemic toxicity.

2.

Administer humidified 100% oxygen and nebulized 3% Calcium Gluconate.

3.

Monitor PO2 airway potency and conscious level.

4.

If monitors are not satisfactory

5.

a.

Consider fibre-optic laryngoscopy.

b.

If upper airway paterna or contamination then intubate + IPPV. If not, consider fibre-optic bronchoscopy and lavage.

c.

Evaluate for hemorrhage into the respiratory tract. Continually re-assess for 48 – 72 hours.

Acid Burns with Calcium Glucontate,” Journal of Bun Care Rehabilitation, Vol. 15, No. 4, 1994, p. 323-327. 10. Sheridan, R.L., et al., “Emergency Management of Major Hydrofluoric Acid Exposures,” Burns, Vol. 21, No. 1, 1995, p. 62-64.

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11. Beiran, I., Miller, B., Bentur, Y., “The Efficacy of Calcium Gluconate in Ocular Hydrofluoric Acid Burns,” Human Experimental Toxicology, Vol. 16, No. 4, 1997, p. 223-228. 12. Personal communication with Dr. Steve Bretz, U.C. Davis Medical Center, September 1997.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

AMMONIUM MOLYBDATE CRYSTAL TEST FOR PHOSPHORUS DONNELL CHRISTIAN, B.S. Arizona Department of Public Safety PO Box 6638 Phoenix, AZ 85003 (602) 223-2771

ABSTRACT The ammonium molybdate crystal test for the presence of phosphates gives the forensic drug chemist a simple method for the identification of phosphorus that was, or could be used in the illicit manufacture of controlled substances.

INTRODUCTION Traditionally the role of the forensic drug chemist has been to identify the presence of drugs of abuse which are generally organic compounds. With the proliferation of clandestine drug laboratories in recent years, the duties of the forensic drug chemist have expanded to include the identification of precursor and reagent chemicals used in the manufacturing process. Many reagent chemicals are inorganic compounds that do not have instrumental identification techniques available to the forensic drug chemist. Currently in Arizona, the method of choice in the manufacture of methamphetamine is the conversion of ephedrine or pseudoephedrine into methamphetamine via the phosphorus and iodine reduction technique. The identification of phosphorus in reaction waste may be crucial in demonstrating the method of manufacture. Or, if only individual chemicals were seized, the presence of phosphorus will be essential in establishing that the suspect had the necessary chemicals to convert ephedrine or pseudoephedrine into methamphetamine. McKibben, et. al., compiled a set of tests for the presence of phosphorus [1]. However, when this author conducted the tests as describe he found the reported results differed from his observations. Therefore, the search for a quick and reliable test for the presence of phosphorus continued. Microcrystal tests have been used for years to identify numerous ions and cations, [2, 3, 4, 5]. Chamot and Mason describe a microcrystal technique used to identify phosphorus through the detection of phosphates that are created during the test [2]. This technique was slightly modified and is described below.

EXPERIMENTAL Sample Preparation A one milligram sample of red phosphorus is placed into a 6x50 millimeter culture tube with three drops of concentrated nitric acid (HNO3). The reaction between the nitric acid and the phosphorus produces an exothermic reaction that converts the

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phosphorus into phosphate. A small amount of heat may be needed to initiate the reaction. When the reaction is finished the liquid will have a clear yellow appearance with no visible solids. Caution should be used when conducting this step on cases samples of suspected used phosphorus. Test samples that had been previously used in the manufacture of methamphetamine have been know to ignite with the addition of nitric acid. Test Procedure ✔ Place a drop of the test solution on a microscope slide ✔ Place a drop of a saturated aqueous solution of ammonium molybdate [(NH4)6Mo7O24*4H2O)] on the same microscope slide. ✔ Draw the drops together. ✔ Observe the crystals the form at the interface of the two drops under 100x magnification.

RESULTS Initially a white cloudy precipitate will form at the interface of the drops. Shortly after which crystals of phosphomolybdate (NH4)3PO4 * 10 Mo8O3 * H2O) [2] will begin to form. These translucent crystals will have the appearance of three or four pointed stars with a brownish tint. Birefringent needles and blades may be observed along the edges of the drops. These same crystal habits can be observed when reacting the ammonium molybdate solution with neat nitric or hydrochloric acid.

DISCUSSION Chamot and Mason describe the ammonium molybdate crystal test as a sensitive, but not specific, for phosphates because analogous molybdenum compounds are formed with silicone, vanadium and arsenic which can not be distinguished from the phosphomolybdate [2]. Arsenic and silicon were reacted with concentrated nitric acid and tested with the same ammonium molybdate solution. Both test solutions failed to produce crystal habits similar to those produced by the phosphorus test solution. The only crystal habits that were produced were bundles of needles and thin blades similar to those produced when the ammonium molybdate solution was reacted with neat nitric acid. Filter papers with reddish powder residues are frequently encountered in casework. When a portion of this type of filter

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VOLUME 7 NUMBER 4 — OCTOBER 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION paper is treated with nitric acid, and the resulting extract was analyzed with ammonium molybdate, phosphomolybdate crystals were easily observed. Any iodine, nitrated cellulose or reaction by-products that may be present did not seem to have an effect on crystal formation.

1. 2.

CONCLUSION In the prosecution of cases dealing with the clandestine manufacture of illicit drugs it may be essential to identify the presence of inorganic reagent chemicals to identify a manufacturing route or to establish that the suspect had the proper chemicals to convert the precursor chemical(s) into a controlled substance. The ammonium molybdate crystal test for the presence of phosphates gives the forensic drug chemist a simple method for the identification of phosphorus that was, or could be used in the illicit manufacture of controlled substances.

VOLUME 7 NUMBER 4 — OCTOBER 1997

REFERENCES

3. 4. 5.

McKibben, T., et. al., “Analysis of Inorganic Components Found in Clandestine Drug Laboratory Evidence,”JCLIC, Volume 5, Number 4, p. 19 (October 1995) Chamot, E.M., Mason, C.W., “Handbook of Chemical Microscopy, Volume II, 2nd Edition,” John Wiley and Sons, New York, 1940 Whitman, V.L., Wills, W.F., Jr., “Extended Use of Squaric Acid as a Reagent in Chemical Microscopy,” The Microscope, Volume 25, Number 1, p. 24 (1977) Delly, J.G., “Microchemical Tests for Selected Cations,” The Microscope, Volume 37, Number 2, p. 139 (1989) Crippin, J.B., Hopen, T.J., “Methylene Blue, A Microcrystalline Test for Perchlorates and Chlorates,” Presentation at the 5th International Symposium for the Analysis and Detection of Explosives, (December 1995)

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

PROTECTING GROUP CHEMISTRY TIM MCKIBBEN, M.S. Aurora Police Department Crime Laboratory 15001 E. Alameda Aurora CO 80012-1592

ABSTRACT

INTRODUCTION

Forensic chemists are often faced with the task of determining what type of drug was being manufactured in a clandestine drug laboratory. As we have seen time and time again, the suspects in these illicit manufacturing labs will change their procedures, including the chemicals they use, when needed. Pressure from law enforcement, decreased availability of precursors and/ or reagents, or regional trends often dictate the synthetic methods used by lab operators. Because there are alternative chemicals which can replace well known precursors and reagents, a variety of synthetic routes may be encountered by the forensic chemist. Most chemists investigating clandestine labs are familiar with the replacement of inorganic chemicals such as iodine for hydriodic acid; sodium chloride and sulfuric acid for hydrogen chloride gas; and, more recently; hypophosphorus acid in lieu of red phosphorus. The replacement of “organic” components in the reaction is frequently limited to a change of precursor such as d-pseudoephedrine for l-ephedrine. Less commonly encountered is the exchange of a known reagent or precursor with a “protected” alternative chemical, or the use of protecting groups in the synthetic route. These “protected” chemicals have been encountered by forensic chemists and are more likely to be encountered when the suspect is attempting to manufacture a drug using a multi-step synthesis, has some chemistry background, or knows which chemicals can be purchased without suspicion. The forensic chemist must keep in mind that the next drug exhibit or lab seized may involve an entirely new synthetic route(s) or precursor(s). This paper will introduce some of the more common protecting groups commonly used in organic syntheses. Examples of drugs both legal and illegal are presented.

Functional groups are those structural subunits within a chemical structure that give it class characteristics. The bonding of a carbon atom with atoms other than hydrogen usually constitute a functional group. Examples include: alcohols, amines, ethers, ester, nitriles, thiols, nitrites, halogens, ketones, aldehydes, etc. These groups are so valuable because they are the key to manipulating the intermediate toward the next desired product. The drawback to these groups is that they are not all compatible with each other and, because of their reactivity, often do not survive required reaction conditions. Protecting these subunits allows the desired group to survive the reaction conditions and then be revealed by deprotection at a later step. The protecting group is the portion of a reagent which is retained with the functional group which is now “protected”. A large number of protecting groups are available to the chemist, allowing for more finesse during a multi-step synthesis. Although these groups exist, there are often factors which are difficult to control and the desired products may be quite elusive to the chemist. Many factors affect the outcome of the synthesis and not all are controllable. Sometimes there are additional indirect benefits to protecting a functional group. The protected intermediate may exhibit much improved chromatography, ease of isolation, purification, and or detection. Although these characteristics are often exploited, they are truly secondary to the role of protecting the reactive species. Since the majority of drugs encountered by forensic chemists are oxygen or nitrogen based, only these functional groups will be discussed.

Since submitting this paper for publication, Mr. McKibben has left the Aurora Police Crime Laboratory. He may now be reached at: DEA Special Testing and Research Lab 7704 Old Springhouse Road McLean VA 22102-3494

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ALCOHOLS Alcohols are susceptible to nucleophilic displacement, oxidation, and elimination and are often too labile to survive many reaction conditions required throughout a multi-step synthesis. Stability is gained by protecting the alcohol as an ether, ester, or by oxidation. Converting the alcohol to an ether provides good stability toward many offending reaction conditions such as oxidations, reductions, nucleophiles, and organometallic reagents. The problem associated with ethers was that their inertness made it difficult to remove them. Some newer methods of removal have alleviated some of this concern. Ethers used for protection fall into three types; alkyl, silyl, and alkoxyalkyl (actually an acetal). Methyl and benzyl ethers are commonly used to protect alcohols (both phenolic and

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VOLUME 7 NUMBER 4 — OCTOBER 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Fig. 1 O

BBr3 CHCl3

H3 CO

HO

or pyridine HCl, 220C, neat

O N HO

O

acetic anhydride

O

reflux

O

N

N O

HO

aliphatic). The methyl ether is typically generated using a hydride base (sodium, potassium, or calcium hydride) in a polar aprotic solvent (THF, DMF, etc.) to remove the acidic proton followed by methylation with iodomethane. Dimethyl sulfate or Meerwein’s reagent are also common alternatives to iodomethane. Once formed, the methyl ether is stable toward nucleophiles, strong bases, oxidizers, ylids, hydrogenation, and a pH range of

Fig. 2

OH

O

2–12. Methyl ethers can be cleaved by refluxing in HI, heating (neat) with pyridine HCl, by treatment with boron tribromide or more mildly by treatment with trimethylsilyliodide (reagent or in situ generation) in methylene chloride at room temperature. In addition to all of the legitimate uses of methyl ethers, there have been accounts of forensic labs encountering the illicit

OBn

NaH, DMF, 0C

Br2, HOAc

C8H5CH2Br, n-Bu4NI

HO

OBn

THF, 0C to 23C

BnO

OBn

n-BuLi, THF, -78C

MCPBA, TsOH, Br

DMF, -78C to 0C

BnO

OHC CH2CL2, 23C

BnO

OBn

OBn

CF3CH2I, K2CO3

H2, Pd(OH)2/C CF 3C H2 O

HO DMF, 110C

BnO

BnO

THF, 23C

OH

CF 3C H2 O HO

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Fig. 3 1. TBDMSCl imidazole

O HO

OC H3 HNCO2Et

methylmorpholine isobutylchloroformate

O

2. aq. LiOH/dioxane

SiO

OH

O SiO

N,O-dimethylhydroxylamine HCl, tea, dmf

HNCO2Et

N

O

HNCO2Et

O

phO2S N

OH

N

OH

SO 2 p h

O

O

O O

NHCO 2 Et

OSi O

HOAc/H2O

DCC NHCO 2Et

NHCO 2Et

CH3CN

N

N

H

H

N H

conversion of codeine (the methyl ether of morphine) to morphine for the purpose of heroin manufacture. These illicit conversions have employed several different cleaving methods: 1) treatment with boron tribromide, or 2) treatment with pyridine hydrochloride. Both of these methods form morphine in varying yields which is then converted to heroin via acetylation with acetic anhydride [Fig.1]. Another commonly used alkyl ether is the O-benzyl ether which is formed by mixing the alcohol with benzyl bromide or chloride and a base, usually sodium hydroxide. Once formed, benzyl ethers are generally stable toward a pH range 1–12, organometallic reagents, oxidizers, hydride reagents, strong bases and nucleophiles. Cleavage of a benzyl ether is usually carried out using hydrogenation or dissolving metal reduction. Cushman’s synthesis of 2-methoxyestradiol analogs incorporated benzyl ether formation to protect both aliphatic and aromatic alcohols found in the estradiol structure. Estradiol was

Fig. 4 OH

MEM CHLORIDE diisopropylamine methylene chloride reflux

THPO

OMEM

O

PAGE 32

O

dibenzylated using benzyl bromide and sodium hydride in DMF. The di-O-benzylestradiol was then subjected to aromatic bromination, formylation, conversion to the phenol, and trifluoroethylation. Hydrogenation over palladium hydroxide provided the TFE analog of estradiol [Fig. 2]. Finally, the t-butyl ether protecting group is sometimes used, being formed by combining the alcohol with isobutylene under acidic conditions. Anhydrous TFA or TMSI is used for the deprotection. Silyl ethers are very common alcohol protecting groups; however, trimethylsilyl (TMS) ethers are very susceptible to aqueous conditions and are not used for prolonged protection over multiple steps. O-TMS ethers are often formed from enolizable ketones and used to activate an intermediate toward Michael additions. The t-butyldimethylsilyl (TBDMS) ether is more stable than the TMS ether and is often used in multi-step syntheses requiring alcohol protection. TBDMS chloride is used as the derivatizing

O O THPO

ZnBr2 chloroform ether, acetonitrile

O

OH O

O

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Fig. 5 NO2 O N H

O2 N

OH OH

R

NO2 O

acetone HClO4

N H

O2 N

20C

O O

R

NO2 O N H

O2 N

2N HCl / 20C

OH OH

N I

I

agent along with imidazole as the base. Rapoport used a TBDMS protected serine derivative as an electrophile in the condensation with 4-indolyllithium as a route to 4-(α-aminoketo)indoles. Aqueous acetic acid deprotection afforded the alcohol with 99% optical purity (based on HPLC analysis of the chiral derivative of the final product) [Fig. 3]. Fluoride ion is very effective in deprotecting silyl ether protecting groups. TBDMS and TEOC groups are easily cleaved using a “naked” source of fluoride by treating the silyl ether with a mixture of tetrabutylammonium chloride and potassium fluoride dihydrate. Interestingly, the TEOC group was labile to the use of anhydrous potassium fluoride where as the addition of 1 to 2 equivalents of water were required to cleave the TBDMS ether. Substituted ethers (actually acetals) have gained favor as protecting groups because they retain most of the inertness of an ether and are more easily removed. MOM, MEM, MTM, and SEM are all substituted methyl ethers (methoxymethyl, methoxyethoxymethyl, methoxythiomethyl, and 2-(trimethylsilyl)ethoxymethyl, respectively). The O-MEM ether is probably the most frequently used of these listed ethers.

Fig. 6

A OH

OH NAc

Ac2O Br

B

OAc NH2

Methoxyethoxychloromethyl ether along with diisoproylethylamine (Hunig’s base) and the alcohol are mixed in dichloromethane at room temperature to provide the protected alcohol. Alternatively, the reaction can be carried out using a hydride in THF. This ether is stable toward a pH range 1–12, organometallic reagents, hydrides, hydrogenation, nucleophiles, and oxidizing reagents. MEM ethers are deprotected via aqueous acid or treatment with a Lewis acid, most commonly zinc bromide or titanium tetrachloride in dichloromethane. Cory used a O-MEM ether protected intermediate in his synthesis of giberellic acid [Fig. 4]. The last ether discussed in actually one of the most commonly used alcohol protecting groups: the cyclic acetal, O-THP ether. The tetrahydropyranyl (THP) ether is formed by treating the alcohol under acidic conditions (usually with p-toluenesulfonic acid, a.k.a. tosic acid) with dihydropyran. Under basic conditions the O-THP ether is quite stable but only in a pH range of 6-12. Aqueous acid and Lewis acids will remove the ether. Deprotection is carried out using methanolic tosic acid or aqueous acid. O-THP ethers are stable to oxidizers, hydrides, and somewhat

pyr

VOLUME 7 NUMBER 4 — OCTOBER 1997

O N

1M NaOH Br

O

Br

N

H Br

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Fig. 7 O

O

O O

O

O

N

N

N

NaOMe

6N HCl N

N

N

EtOH

H

H ph

O

1. (AcO)2O cold - 25C 2. NaBH4 O OMe OH N

1. SOCl2/SO2(l) 2. NaCN/HCN(l) 3. H2SO4/MeOH

N

N N

H

Ac

HO

1. 1.5% KOH/reflux 2. hydrated sodium arsenate/Raney nickel/reflux 20 hrs.

O

N

N H

stable toward nucleophiles, hydrogenation, and organometallic reagents. Esters are another group used for alcohol protection. Acetyl and halogenated acetyl esters are frequently used, especially in sugar chemistry. The alcohol is reacted with the appropriate anhydride or acyl chloride to form the O-acetyl derivative, using triethylamine or pyridine as the base. These acetates are only stable in the middle of the pH range 4–8, as they are cleaved by both strongly acidic or strongly basic reaction conditions. They are somewhat stable to hydrogenation, hydrides, some nucleophiles, and oxidizers. Treatment of the alcohol with benzoyl chloride or benzoic

PAGE 34

anhydride results in the formation of a benzoate or O-benzoyl ether. Benzoates are more stable than acetates (pH range 1–12) and are usually cleaved using LAH reduction or hydrolysis under base conditions. Benzoates are stable toward boranes, borohydrides, oxidizers, catalytic hydrogenation and organocuprates. Diols are usually protected using a ketone as the protecting group reagent, whereas when a carbonyl is protected the diol is the reagent. Springer converted the 2,3-dihydroxypropyl-carboxamide to the acetonide which was then subjected to aromatic amination and halogenation prior to deprotection. Acetonides are generally stable toward base, nucleophiles, hydrogenation, hydrides,

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Fig. 8

Br

Br

O N

Mg

methanol at 55°C for 30 minutes, and finally reductive methylation using formaldehyde and sodium cyanoborohydride [Fig. 6]. Woodward’s total synthesis of lysergic acid involved a variety of protecting groups among them were N-benzoyl, N-benzyl, ketals, and N-acetyl protection. Difficulties with the N-benzoyl protected intermediates were overcome by protecting the dihydroindole with acetic anhydride. The acetamide was subsequent deprotected with acid and dehydrogenation afforded the desired indole; lysergic acid [Fig. 7]. Substitution of trifluoroacetic anhydride for acetic anhydride results in a trifluoroacetamide which is markedly more unstable toward base (reacts to pH 10) and nucleophilic reagents. Deprotection of N-TFA derivatives is carried out using Lewis acids. Reacting an amine with benzoyl chloride and TEA results in a benzamide. Benzamides are stable toward pH 1–10, oxidizing agents, hydrides other than LAH or borane, and nucleophiles. Benzoylpiperidine was used by Maddox to synthesize phencyclidine. This synthesis has been reviewed by Allen and

oxidizers and organometallic reagents; provided they’re carried out in non-acidic conditions. Deprotection is carried out under acidic conditions to recover the diol [Fig. 5].

AMINES Acetamides are formed by reacting the amine with acetic anhydride or trifluoroacetic anhydride. N-acetyl derivatives are stable at pH 1–12, toward organolithium reagents, Grignards, nucleophiles (except ammonia), catalytic hydrogenation, and hydride reducing agents (except LAH). Substituting TFA for acetic anhydride forms the trifluoroacetamide which is more sensitive to base and nucleophiles, and hydride reagents. Deprotection is effected by using base in aqueous methanol. Nugiel used the acetyl group to protect a bromo, hydroxyaniline which initially formed the bis-acetylated intermediate (A), selective deprotection of the acetyl ester afforded the N-acetylaniline (B). Cyclization was effected using base and dibromoethane, followed by deprotection using base in aqueous

Fig. 9 H

benzyl chloroformate

H

LiAlH4

NH2

NH COOH2

CH2 OH

H NH2

N

H NH

Na2CO3 acetone/H2O 3 hrs, rt

O

CH2 OH pTosCl pyridine

H2, 10% Pd/C EtOH H

LiAlH4 / THF

Ph

O

O

Ph

NH O CH2 OTo s

H NHMe

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Fig. 10

NBS

1. DIBAL-H

N

2. (BOC)2O

N

O O

H

OH

DMSO, H2O 65%

Br

N O O 1. MeNH 2 MeOH 2. 0.25 eq. L-Tartaric acid 3. NaOH, 37%

KOtBu THF 85%

H

N O

N

(C6H5)3P

N

OH

N

DEAD 83%

O

O

O

1. Chiral chrom.

O

2. CH3NH2, MeOH

N O

O

80%, H 2, Pd/C EtOH

N

O

H

N

N

N O

N

N

C6H5CH2Br 83%

O

O

1. S-BuLi TsN3 2. H2, Pd/C

NH2

O

1. KOtBu THF

N

1. HCOOH 2. H2, Pd/C 3. HCOOH, HCHO

2. H2, Pd/C EtOH 3. HCO-OCOCH3 BH3 Me2S

N

N H

N

N N

O

presented by Kalchik. Synthesis of PCP using this route is an excellent example of starting with an “alternative” precursor that is converted to the final product instead of deprotected. Benzamides are deprotected by refluxing in acid (hydrobromic acid in acetic acid or 6N HCl) [Fig. 8]. Closely related to the amide protecting group is the carbamate protecting group. This class of protection includes two of the most frequently used groups; N-CBZ (carbobenzoxy) carbamate and the N-Boc (t-butyl carbamate) derivatives. Carbamates are formed by reacting the amine with the corresponding dicarbonate or chloroformate, respectively, in the presence of base. CBZ protected amines are stable toward pH 1–12, oxidizers, non-acidic hydrogenation, hydrides (except LiAlH4), Lewis

PAGE 36

O

acids, and most nucleophiles. Repke used the N-CBZ protected amino alcohol (R)-(+)-2-amino-3-phenylpropanol in his conversion of D-phenylalanine to (S)-amphetamine and (S)-methamphetamine. The CBZ group was used to activate the intermediate to provide two possible final products depending on reaction conditions. This route illustrates a useful synthetic trick, that is the ability to use different reaction conditions to either recover the original amine (using catalytic hydrogenation) or to recover the monomethylated analog (using hydride reduction) [Fig. 9]. A second carbamate protecting group is the “Boc” group. The amine is reacted with di-t-butyldicarbonate or “BOC-ON” under basic conditions to afford the N-Boc intermediate.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Fig. 11

H O

N

N

N

O

H

H2, (50 psi) Pd/C, MeOH

OH

hemiaminal (unstable)

N H

hydrogenolysis

enamine

N

Boc protected amines are stable toward pH 4–12, oxidizers (except Jones reagent), some hydrogenation conditions, and nucleophiles. The Boc group is usually removed with TFA (trifluoroacetic acid) or aqueous HCl. Boc protection is often used because of the ease of removal and, when multiple amines are present in the same intermediate, the use of N-Boc with another amine protecting group provides easy manipulation of the protection/deprotection schemes; usually with complete selectivity. This is illustrated by Heier’s synthesis of the imidazoquinoline and the imidazoquinolone; potent dopamine D2 agonists. Finally, the last amine protection group commonly used is the N-Benzyl group.

Incorporating a benzyl group into an amine provides a very stable derivative which usually requires hydrogenation/ hydrogenolysis or dissolving metal reduction conditions for its removal. The N-Benzyl group is resistant to pH 1–12, hydride reductions, nucleophiles, and organometallic reagents. The use of this group was illustrated by Heier’s synthesis and also encountered in a clandestine lab by Skinner. In Heier’s synthesis, the quinoline was treated with di-t-butyldicarbonate in the presence of TEA to afford the Boc-protected amine. The Boc-protected amine was subsequently brominated, aminated (directly or through the epoxide), followed by aziridine formation and ring opening (via hydrogenation) to provide the correct regioisomer.

Fig. 12 trimethylorthoformate I

Montmorillonite K-10 clay

O

MeO

I

Boc

Boc

N

N EtO 2 C

OMe

N-Boc ethyl isonipocotate/KHMDS, THF 0°C

Boc +

KHMDS/THF, 0°C

O

VOLUME 7 NUMBER 4 — OCTOBER 1997

N

O Ph

O

O

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Fig. 13 R

alkyl nitrite (R'ONO) Palladium catalyst optional amine or copper catalyst

R

anhydrous conditions

R

OR' OR'

water

O

optional co-solvent

R = H, X,NO2, NH2, C1-C6 alkyl, C1-C6 alkoxy, O1-O2 R' = C1-C10 alkyl, aliphatic, aromatic, or alicyclic saturated Palladium catalysts: PdCl2, PdBr2, Pd(NO2)3, Pd(Ac) 2, and Pd complexes Amine catalysts = 1°, 2°, 3°, aliphatic amines and cyclic amines Copper catalysts = copper sulfates, nitrates, hydroxides, oxides, and halides. This includes cuprous and cupric forms Reaction temperature = 0°C – 150°C Co-solvents = MeOH, EtOH, IPA, BuOH, HOAc, dioxane, THF, etc.

This second amine group was then benzyl-protected by treatment with benzyl bromide. This diamine intermediate was again aminated via reduction of the azide to provide the required intermediate for both the imidazoquinoline and the imidazoquinolone syntheses. In one route, the Boc-protecting group becomes the carbon skeleton source for the intramolecular ring closure to form the imidazoquinolone, which is debenzylated and alkylated to form the imidazoquinolone final product; and in the other route the Boc group is removed with formic acid, followed by hydrogenolysis of the benzyl protecting group, and reductive cyclization to form the imidazoquinoline ring [Fig. 10]. Skinner’s work illustrates the need to be aware of “protected” precursors which may go unnoticed by law enforcement or forensic chemists unfamiliar with these latent precursor forms. He encountered a lab using a slight modification of the reductive amination of phenylacetone (P2P) to form amphetamine and/or methamphetamine. Benzylmethylamine was used instead of the usual methylamine. This substitution provides the benzyl protected methamphetamine known as benzphetamine, which itself is a controlled substance. Subsequent debenzylation using hydrogenolysis afforded methamphetamine. Benzylmethylamine is a commercially available and the purchase of which would not raise too many suspicions [Fig. 11].

KETONES AND ALDEHYDES Ketones and aldehydes contain an electropositive carbon center and an oxygen which can serve as a base. These features render ketones and aldehydes susceptible to nucleophilic acyl

PAGE 38

substitution, enolation, oxidation, and reduction. Protection of ketones and aldehydes involves the conversion of the carbonyl group to an acyclic or cyclic ketal or acetal. Acetals/ketals are formed by treating the carbonyl with an alcohol under acidic conditions (HCl, H2SO4, or tosic acid) with the removal of water to drive the reaction to completion. Water is usually removed via molecular sieves, H2SO4, MgSO4, or azeotropic distillation. Ketals/acetals are readily formed using low molecular weight alcohols such as methanol or ethanol. Aldehydes are usually more reactive than ketones and some sterilely hindered ketones may require prolonged refluxing to affect the protection. Ketals/acetals are stable to base, oxidizers, reducing agents (except acidic conditions), and nucleophiles. Ketals/acetals are unstable toward acidic conditions and are usually deprotected in this manner. Rowley used the dimethyl ketal to protect the iodobutyrophenone during nucleophilic substitution to form the spiropiperidine. The deprotection was effected during sample work-up to provide the original ketone upon isolation [Fig. 12]. The utilization of the diethyl ketal of P2P was described by Nakai and Enomlya (U.S. Patent 4,638,094) and also referenced in the fourth edition of Uncle Fester’s “Secrets of Methamphetamine Manufacture”. The patent describes the conversion of allyl benzene(s) to the dialkoxyalkane via treatment with ethyl nitrite in the presence of a palladium catalyst with the option of using additional amine and copper catalysts. Hydrolysis of the diketal provided P2P. A poly-drug lab was recently seized using this method to manufacture P2P. In this synthesis, the diketal is actually a reaction intermediate and not used as a protecting group. The diketal can be recovered by distillation or

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION amination, and spirocyclopropylisoxazoline side-chain formation) and finally deprotected using acidic acetone. Guarna also reports selectively deprotecting the diketal using oxalic acid and wet silica gel. The regenerated ketone was then converted to the t-butylamide via the enol triflate and placed back into the reaction scheme [Fig. 15].

more commonly hydrolyzed to P2P [Fig. 13]. Enolizable ketones are often converted to the O-TMS enol ether for protection and activation. Rowely used this technique in the synthesis of 4-heterocyclylpiperidines. Phenylacetone was converted to a pair of O-TMS enol ethers with lithium diisopropylamide and chlorotrimethylsilane. The two enol ethers were then subjected to a Michael addition with methyllithium, carbonyldiimidazole, and N-Boc-piperidinyl-4-carboxylate. The resulting terminal addition product was then cyclized with hydrazine hydrate, deprotected with HCl in ethyl acetate and reacted with benzyl bromide to form the 3-(1-Benzyl-4piperidinyl)-5-benzylpyrazole [Fig. 14]. Cyclic ketals and acetal are used in the same manner by reacting a diol or thiol with the carbonyl in the presence of an acid catalyst. In the synthesis of 19-Nor-10-azasteroids, Guarna used a cyclic ketal to protect the ketone in the C-ring which would become the 9-position in the azasteroid. The ketone was treated with ethylene glycol in toluene with a tosic acid catalyst. This dioxolane was then subjected to a series of reactions (including hydride reduction, Swern oxidation, reductive

SELECTIVE PROTECTION AND DEPROTECTION By manipulating the reaction conditions, selective protection and deprotection can be obtained. Welch synthesized O 3-monoacetylmorphine from morphine by selectively acetylating the more acidic (phenolic) alcohol under basic conditions. Morphine was treated with water followed by a large excess of sodium bicarbonate and acetylated by adding portionwise an excess of acetic anhydride (not to exceed the molar equivalents of base). Effervescence ceased within 15 minutes and the O3-monoacetylmorphine was extracted with chloroform from the aqueous reaction mixture [Fig. 16].

Fig. 14 O

OTMS

LDA, TMSCl

OTMS +

1. MeLi, ether 2. CDI, O HO NBoc

O O + O NBo c

HO NBoc

1. H2NNH2.H2O, MeOH 2. HCl, EtOAc 3. benzyl bromide, DMF, Et-i-Pr 2-N H N N N

VOLUME 7 NUMBER 4 — OCTOBER 1997

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Fig. 15

OTBD MS

OH 1. TBDMSCl DBU, CH2Cl2 O

O O

H 2. HOCH2CH2OH TsOH, toluene 82%

MeO 2 C

OTBD MS

MeO 2 C

OH

H2SO4 acetone

O O

H

24 -77%

H

O

O N

O

H

N

1) HOCH2CH2OH TsOH, toluene

O

O O O

O

H

2) MeOH HCl 81%

MeO 2 C

O

O

H

MeO 2 C

(COOH)2 / SiO2 CH2CL2, 21.5 hrs 82%

O O

H

MeO 2 C

ALTERNATIVE PRECURSORS

CONCLUSION

A search of various chemical source references found that the following “alternative” precursors are commercially available and could possibly be encountered by law enforcement in a clandestine drug lab:

As the availability of common precursors become more restricted or regulated, the illicit use of alternative precursors will increase. This illicit use has already been encountered in drug laboratories and presented in the literature. Alternative precursors include the “protected” forms and the use of protecting group techniques. Being familiar with these techniques and alternative precursors allows the forensic chemist to stay current with the synthetic possibilities encountered in illicit drug manufacturing.

1-Benzoyl-4-piperidone Benzylamine 1-Benzyl-4-hydroxy-piperidine O-Tritylhydroxylamine Cyclohexanone cyanohydrin 1-cyclohexenyloxytrimethylsilane

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Fig. 16 O O 1. H 2O, solid NaHCO 3 acetic anhydride HO

O N

2. CHCl 3, 20 minutes rt

HO

O N

O3-MAM

HO

"SELECTIVE"

O 1. acetic anhydride reflux

O

O N O

O

HEROIN "NON-SELECTIVE"

REFERENCES Rapoport et al., J. Amer. Chem., 73, 5485, 1951. Rice, K.C., J. Med. Chem., 20, 164-166, 1977. Cushman, et al., “Synthesis of Analogs of 2-Methoxyestrdiol with Enhanced Inhibitory Effects on Tubulin Polymerization and Cancer Cell Growth”, J. Med. Chem., Vol. No. 15, 2323-2334, 1997. Rapoport, et al., “Metal-Halogen Exchange of Bromoindoles. a Route to Substituted Indoles, J. Org. Chem., 51, 5106-5110, 1986. Carpino, et al., “Convenient Source of “Naked Fluoride: Tetran-butylammonium Chloride and Potassium Fluoride Dihydrate”. J.C.S. Chem. Comm., 514-515, 1979. Cory, E.J. et al., J. Am. Chem. Soc., 100, 8034, 1978. Nugiel, D.A., “Improved P1/P1' Substituents for Cyclic Urea Based HIV-1 Protease Inhibitors: Synthesis, StructureActivity Relationship, and X-ray Crystal Structure Analysis”, J. Med. Chem., Vol. 40, No. 10, 1466-1474, 1997.

VOLUME 7 NUMBER 4 — OCTOBER 1997

Allen, A. C., “PCP: A Review of Synthetic Methods for Forensic Clandestine Investigation”, For. Sci. Int., 61, 85-100, 1993. Kalchik, M., “A Review of the Syntheses and Analyses of Phencyclidine and its Analogs; Origin of Reactions, Productions Estimates, Byproducts and Analogs”, presented at the 5th Annual CLIC Technical Training Seminar, Sept. 6–9, 1995, Steamboat Springs, CO. Repke, “Synthesis of Dextroamphetamine Sulfate and Methamphetamine Hydrochloride from D-Phenylalanine”, J. Pharm. Sci., Vol. 67, No. 8, 1167-1168, 1978. Heier, R.F., “Synthesis and Biological Activities of (R)-5,6Dihydro-N,N-dimethyl-4H-imidazo[4,5,1-ij]quinolin-5amine and its Metabolites”, J. Med. Chem., Vol. 40, No. 5, 639-646, 1997. Skinner, H., “Methamphetamine Synthesis Via Reductive Alkylation Hydrogenolysis of P2P with Benzylamine”, presented at the 3rd Annual CLIC Technical Training Seminar, Sept. 8–11, 1993, Memphis, TN.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION N-CBZ and N-Benzyl protected secondary amines have been easily deprotected using catalytic transfer hydrogenation. Typical reaction conditions include: the protected amine, multiple molar equivalents of ammonium formate, 10% Pd/C, methanol; reaction is run at 60°C for 10–60 minutes. Filtration and solvent evaporation provides the deprotected amine typically in high yields. This utilizes ammonium formate as the hydrogen source and eliminates the need for hydrogen gas. In a similar deprotection scheme; a secondary amine protected as the N-benzyl amine was deprotected and reprotected in a single step in high yield by carrying out the hydrogenolysis in the presence of Boc anhydride. The Boc-protected amine was recovered in good yield. This may proceed through the N-acylamine salt similar to the demethylation of tertiary amines using chloroethylchloroformate in refluxing methanol. The author’s examples are proprietary, so the following additional references are offered:

Rowely, M., “4-Heterocyclylpiperidines as Selective High Affinity Ligands at The Human Dopamine D4 Receptor”, J. Med. Chem., 40, 2374-2385, 1997. Nakai et al., “Process For Producing Phenylacetones”, [U.S. Patent 4,638,094]. Guarna, et al., “19-Nor-10-azasteroids: A Novel Class of Inhibitors for Human Steroid 5a-Reductases 1 and 2”, J. Med. Chem., Vol. 40, No. 7, 1112-1129, 1997. Springer, C.J., et al., “Mustard Pro-drugs for Activation by Escherichia coli Nitoreductase in Gene-Directed Enzyme Pro-drug Therapy”, J. Med. Chem., Vol. 40, No. 8, 1270-1275, 1997. Woodward, R. B., et al., “The Total Synthesis of Lysergic Acid”, JACS, 78, 3087-3114, 1956. Welch, I.H., J. Org. Chem., 19, 1409, 1954. Smith, B., “Organic Reactions and Fundamental Group Exchanges Course”, presented to Pfizer Chemists, Jan-May 1995. Greene, T.W., “Protecting Groups in Organic Synthesis”, 2nd Ed. (Wiley), 1991.

Olofson et al., Tetrahedron Letters, 18, 1567, 1977. Olofson et al., J. Org. Chem., 49, 2081, 1984. Saito, S. et al., Tetrahedron Letters, 30, 837, 1989. Sakaitani, M. et al., Tetrahedron Letters, 29, 2983, 1988.

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VOLUME 7 NUMBER 4 — OCTOBER 1997

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 8 NUMBER 2 — APRIL 1998

IN THIS ISSUE ... Second National Seminar And Workshop Held In Melbourne, Australia .... 2 DEA Special Testing and ResearchLaboratory Requests Clandestine Literature ............................................................................. 3 Phosphorus Theft Worries Local Lawmen .................................................... 4 Nine Pounds Of Meth Seized In KC, Discovery At Bus Station Could Set A Record ................................................................................ 4 Meth Labs Heighten Peril Of Police Work ................................................... 5 ‘Sting’ By State Put Drugs On The Street: Undercover Work Raises Questions ..................................................................................... 6 Drug Sting’s Tactics Helped ‘Poison The Public,’ Judge Says .................... 8 Nominations For Association Officers Needed ............................................ 9 Sting Gone Wrong: Public Endangered By Lungren’s Drug-Dealing Agents ............................................................................ 10 Business Owners Face Drug Counts: Redding Firm Accused Of Supplying Meth Labs ....................................................................... 10 Meth Tide Rising In Region ........................................................................ 11 Lab Seizures ................................................................................................ 13

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner. For more information concerning the Journal, contact the Editor or visit the CLIC web page at: http://www.crl/com/~rogely/index.htm

Association Officers President: Terry A. Dal Cason DEA North Central Laboratory 536 S Clark St Rm 800 Chicago, IL 60605-1509 (312) 353-3640 Vice-President: Catherine Wojcik San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab – Annex 1704 E Bullard Fresno, CA 93710-5856 (209) 278-7732 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main St Ste 700 San Francisco, CA 94105-2018 (415) 744-7051 Past-President: Tim McKibben DEA Special Testing and Research Lab 7704 Old Springhouse Rd McLean, VA 22102-3405 (703) 285-2583 Executive Board Members: Kathy Wilcox OSP Forensic Laboratory 333 4th Av Coos Bay, OR 97420-4380 (541) 269-2967 Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

SECOND NATIONAL SEMINAR AND WORKSHOP HELD IN MELBOURNE, AUSTRALIA The National Training Seminar / Workshop, which followed the inaugural National seminar conducted by the Victoria Forensic Science Centre in 1994, was again funded through a grant from the National Drug Strategy (NDS) and strongly supported by the United Stated Drug Enforcement Administration (US-DEA). This recent seminar was attended by 25 delegates representing Australian states / territories, New Zealand (2), the US-DEA (2), Fiji Police Service (Intelligence), and the Royal Malaysian Police (CID Training College). As with the inaugural seminar, the aim was to provide “state of the art” competency-based training for forensic clandestine laboratory specialists to assist in the impartial administration of justice in their specific regions. While delegates representing all regions were invited to formally present, this Seminar was extended to provide a “hands on” approach to illicit drug manufacturing procedures.

PROGRAM The program was designed to provide a balance between practical synthesis and formal presentations (an organizational challenge!). Experienced “clan lab” investigators supervised the synthesis of methylamphetamine using reductive amination (Al foil method) and preparation from pseudoephedrine using both HI – red phosphorus and hypophosphorus acid. Formal presentations included: • Continuous quality improvement programs and “future directions” • “Mexican Meth” (S/A Mike Cashman, Office of Training, US-DEA) • Illicit production of MDA and associated psychostimulants (Sr. F/C Terry Dal Cason, DEA North Central Laboratory, Chicago) • Internal training programs (Sr. F/C Terry Dal Cason) • Scientific training and authorizations

• Physical evidence • Expert evidence In addition to the above, regional reports and specific casestudies were presented by delegates representing the Australian states / territories and New Zealand. Significant Outcomes 1. Continued enhancement of the quality forensic services in the field, the forensic laboratory, and in court through coordination of a National and International cooperative approach. 2. Recognition of the need to develop formalized and consistent internal training programs and associated methods manuals throughout the Australian states / territories and New Zealand. 3. Continued enhancement of the training of forensic investigators through a “hands-on” approach to common illicit drug manufacturing processes. 4. Recognition of the need to develop a National CD-ROM proficiency testing / training program for forensic clandestine laboratory investigators. Delegates were elected to a National Working Party to advance this important National training concept. 5. Advancement of plans to incorporate an Australian and New Zealand chapter of the International Association of Clandestine Laboratory Investigating Chemists (“CLIC”). Under the direction of Mr. Terry Dal Cason (President, CLIC), plans were advanced with both constitutional and membership matters addressed. Provisional nominations were taken for key positions, subject to approval by absentees and the Board. 6. Advancement of plans for the conduct of the proposed third “National Forensic Technical Training Seminar and

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes ............................. OSP Forensic Laboratory - Portland, OR ................................................ (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab - Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................DEA Special Testing and Research Lab – McLean, VA ......................... (703) 285-2583 O. Carl Anderson ..................... Kansas Bureau of Investigation Lab - Great Bend, KS ........................... (316) 792-4353 Jason Freed ..............................National Medical Services - Willow Grove, PA ...................................... (215) 657-4900 Jerry Massetti ........................... CA DOJ Crime Lab – Fresno, CA ........................................................... (209) 278-7732 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452 Rodney Norris .........................ESR Forensics - Aukland, NZ .................................................................. 649-815-3670 Peter Vallely ............................ J. Tonge Centre for Forensic Science - Brisbane, Australia .................... 617-3274-9031

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

7.

Workshop for Clandestine Laboratory Investigating Scientists” (Adelaide 1998). Advancement of plans for the conduct of the 10th International Technical Training Seminar and Workshop of the International Association of Clandestine Laboratory Investigating Chemists in Australia (Queensland, 2000).

US-DEA) for their outstanding presentations and significant contributions throughout, and Mr. Harry Skinner and Mr. Roger Ely for excellent advice and support. M. John White Seminar Convenor Victoria Forensic Science Centre

I take this opportunity to specifically thank Mr. Terry Dal Cason and Special Agent Michael Cashman (Office of Training,

SPECIAL TESTING AND RESEARCH LABORATORY REQUESTS CLANDESTINE LITERATURE The Special Testing and Research Laboratory in McLean, VA, is initiating the CLIPPERS project (Clandestine Laboratory Image and Publication Retrieval System), a computerized, searchable database of clandestine drug literature and images and related information which will be accessible on-line to law enforcement personnel. The primary purpose of this project is to assist investigators and forensic chemists with the identification of clandestine laboratory notes, in order to help establish probable cause, aid in the assessment of clandestine laboratory operations, and assist in the prosecution of clandestine laboratory operators. This system will be similar to the AIRSTED Program for explosives literature. Any investigator or forensic chemist with a computer/modem setup will be able to directly link on-line to the CLIPPERS program to conduct comparative searches of seized clandestine laboratory notes against a comprehensive database of clandestine drug literature. (Access will be password controlled.) Searches may be entered either by typing a few keywords or sentences from the seized notes or via scanner. Successful search results will include the citations of the probable sources from which the clandestine notes derived, a full copy of the closest probable source (by default, or other sources by keyed request), photos/schematics of similar labs (if available) and safety alerts/MSDS’s or similar data (also if available.) This will enable the successful investigator or forensic chemist to make a very rapid assessment of what drug was being produced, how it was being produced, and any unusual safety hazards involved in dismantling said laboratory. Successful search results will also enable investigators and forensic chemists to immediately debunk the common claim by clandestine laboratory operators that they were producing innocent or non-controlled substances. This project is partially supported by a grant from the Office of National Drug Control Policy (ONDCP), and includes a budget for inputting 50,000 pages of documents/images in the initial database. We are requesting the assistance of the entire forensic community, both investigators and forensic chemists, in acquiring excellent to mint condition copies of drug manufacturing literature, including books, scientific literature, internet print-

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offs, electronic files, typed or handwritten recipes, figures and schematic diagrams, and photos. Please note that the actual books are preferred; photocopies are less desirable due to increased error rates during scanning. We are asking for direct donation of all materials; however, items will be returned upon request. The acquisition of a comprehensive collection of clandestine literature is critical to the success of this project. In particular, the acquisition of older editions of “underground” publications which are no longer in press or available through commercial sources will be extremely important (as they will be otherwise quite difficult to obtain by any means.) At present, we are soliciting for all publications you might have in your collections, with the exception of the items listed below. If you have two or more copies of an item, please send the best copy in order to ensure successful scanning. In subsequent updates to this general solicitation, we will publish current lists of “already acquired” and “still needed” materials. All items should be mailed to: “The Clippers Project”, DEA/Special Testing and Research Laboratory, 7700 Old Springhouse Road, McLean, VA, 22102-3494. Questions should be directed to the Special Testing and Research Laboratory, at (703) 285-2583. Thank you for your assistance.

ALREADY ACQUIRED: The Anarchist’s Cookbook, 2nd Edition Growing the Hallucinogens, 1991 Printing, Hudson Grubber Growing Wild Mushrooms, Revised Edition, 1989 Printing, Bob Harris Peyote - The Divine Cactus, 1980, Edward F. Anderson Psychedelic Chemistry, 1981 Printing, Michael Valentine Smith Recreational Drugs, 1989 Printing, “Professor Buzz” Secrets of Methamphetamine Manufacture, 3rd Ed., “Uncle Fester” Secrets of Methamphetamine Manufacture, 4th Ed., “Uncle Fester”

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

PHOSPHORUS THEFT WORRIES LOCAL LAWMEN PAULA GARRIOTT Idaho State Journal February 6, 1998

POCATELLO – Investigation continues in the theft of 34 pounds of high grade white phosphorus taken from FMC Corp.’s plant. Area law enforcement officials are concerned because phosphorus is used in the production of methamphetamine or explosive devices. “It’s really not good for anything, but that kind of stuff,” said Power County Chief Deputy Jim Jeffries, who is in charge of the investigation. The theft was reported to Power County Sheriff’s Office on January 16. Originally obtained for a special project, the phosphorus was stored in a secured building, separate from day-to-day operation areas, FMC spokesman Arlen Wittrock said.

It was taken from the plant in the past 10 months. The highly volatile substance is usually stored in glass containers and covered with water, Jeffries said. If the phosphorus comes in contact with oxygen, it will burn. Red phosphorus has a higher arsenic content than the missing phosphorus. It is most often used in methamphetamine production, but the stolen white phosphorus also may be used. Methamphetamine production worries law enforcement officials. In the seven are counties covered by the Idaho Department of Law Enforcement Criminal Investigation Bureau, about 23 meth labs were dismantled in 1997, according to Special Agent Ron Farnsworth. Most of the labs were in Bannock County. “Clearly, we’ll take measures to try and prevent this from happening again,” Wittrock said

NINE POUNDS OF METH SEIZED IN KC DISCOVERY AT BUS STATION COULD SET A RECORD A MAN IS ARRESTED TOM JACKMAN, STAFF WRITER April 7, 1998 Kansas City Star

A man who had just arrived on a bus originating in Los Angeles was arrested by Kansas City police Monday morning with more than 9 pounds of methamphetamine - possibly the largest such seizure ever in the city. Detective Robert Delameter said in a federal court affidavit that he watched Renaldo Tovar-Valdivia, 38, get off a bus at the Greyhound station, 1101 Troost Ave., with a new green and black bag and head straight for a taxi. Delameter asked to search the bag, and Tovar-Valdivia agreed. The search revealed nothing. But Delameter noticed bulges around Tovar-Valdivia’s midsection. Suspecting a weapon, Delameter patted him down and felt a hard object on each side of his body. After handcuffing Tovar-Valdivia, Delameter opened the man’s shirt and allegedly found a back support device with bundles attached to each side. The bundles contained an off-

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white powder, Delameter’s affidavit stated, and a field test determined that the powder was methamphetamine. Assistant U.S. Attorney Mark A. Miller said the seizure was the largest at a bus depot, train station or airport in this area, and might be the biggest methamphetamine seizure of any type in Kansas City. Miller said such methamphetamine sells for $8,000 to $12,000 a pound, making the wholesale value of the seized drug between $72,000 and $108,000. Tovar-Valdivia was being held without bond pending a detention hearing Wednesday before U.S. Magistrate Judge Sarah W. Hays.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

METH LABS HEIGHTEN PERIL OF POLICE WORK KEVIN HOFFMANN, STAFF WRITER February 2, 1998 Kansas City Star Raytown Police Officer Eric Smith knows danger is part of his job. But when he was called Monday afternoon to help a family services worker check on two preschool-age children, he did not know just how much danger he faced. A few minutes after he entered the home, what authorities think may have been a methamphetamine lab exploded in the basement beneath him. “I feel lucky to be alive,” said Smith, 26. “You can have all the training in the world, but until you go through it, you cannot prepare for it.” Authorities still did not know for sure Tuesday whether methamphetamine caused the explosion, but production of the drug is a booming home-based business in the Kansas City area. As a result, Smith and other public servants are encountering new hazards when they serve warrants, visit with people on parole or check on children. Dangerous materials are used to “cook” the drug. Apply a little too much heat or get distracted, and an explosion is possible. A methamphetamine operation also poses danger for neighbors. In the Raytown explosion, Smith and another officer were called to the 5300 block of Kentucky Avenue after the Missouri Division of Family Services received a telephone tip of neglect and abuse. Smith said he told a 37-year-old man who lived at the house why the group was there and then entered the residence to make sure it was safe. He went into the kitchen and smelled the odor of a type of fuel commonly used in campsite stoves. As he opened a freezer door, the blast knocked him off his feet. To Smith, the explosion felt like the whoosh of a match hitting charcoal doused with lighter fluid. Only it was three times stronger, he said, and rushed through the house. The two children and their mother, who were outside the house, were not injured. Nobody suffered serious injuries, even though the explosion sparked a small fire and sent dangerous fumes into the air. Almost all the damage was in the basement.

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The officers, the social worker and the man who lived there were treated at a hospital for inhalation of hazardous fumes. Authorities did not identify the residents of the house. No charges were filed Tuesday. The children, both boys, were placed in the care of the Division of Family Services. Thommie Nosiri, director of children’s services for the Missouri Division of Family Services in Jackson County, says caseworkers don’t always know what kind of situation they are walking into when they make a home visit. “Sometimes you do know it’s possibly dangerous, and under those circumstances we ask for assistance from police,” Nosiri said. She would not discuss specifics but did say the Monday visit in Raytown resulted a hot-line call alleging serious abuse. Standard procedure is for social workers to respond immediately to those kinds of calls. Smith said the tip involved methamphetamine. Sometimes the mere presence of authorities increases the danger. “What compounds the problem is you have an officer knocking at the door and then the people inside start dumping the chemicals down the sink trying to get rid of them,” said Dennie Jensen of the Independence Drug Enforcement Unit. “That puts even more fumes in the air, making it more flammable.” That sort of danger was far from the minds of those who live near the Raytown house. Several neighbors said nearby children played at the house, which has a rope swing hanging from a tall tree. Mary Smith, who lives one house away, said she suspected no criminal activity and had only good experiences with the family. She said the man had helped her husband trim his trees and clean gutters. Still, the explosion Monday caused alarm. Michelle Richardson, who is pregnant, moved to the area few months ago. She said she doesn’t want to say there now.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

‘STING’ BY STATE PUT DRUGS ON THE STREET: UNDERCOVER WORK RAISES QUESTIONS CYNTHIA HUBERT Sacramento Bee Staff Writer Published March 8, 1998 They were fresh out of prison, and looking to get back into the methamphetamine business. But brothers Erwin and Michael Spruth could not find a steady supply of ephedrine, the raw material they used to manufacture the drug known on the streets as “crank.” They were so desperate for the chemical, tightly controlled by federal authorities, that they resorted to extracting it from allergy pills they bought from a Costco store in Redding, the men admit in court records. Then their friend John Rowley met Special Agent Joseph Diaz of the state Bureau of Narcotic Enforcement, and suddenly things got much easier. Diaz, with the approval of agency supervisors, posed as a supplier and provided the men with enough ephedrine to produce 66 pounds of methamphetamine between August and October of 1995. But most of the drugs were never recovered. Rather, they ended up on the streets to be inhaled, injected and consumed by addicts, according to court papers. Lawyers for the men, who were arrested and indicted after a raid on a methamphetamine lab in rural Shasta County on Oct. 13, 1995, are calling the narcotics agency’s conduct in the case illegal, immoral and an illustration of the dark side of the “war on drugs.” “It sends the message that the government may commit crimes and deal dope because its agents carry a badge,” said Michael Kennedy, an assistant federal defender formerly in Sacramento and now in Las Vegas. Kennedy contends that bureau’s tactics were so odious that a federal indictment charging the three men with crimes that could lead to life imprisonment should be dismissed. Their lawyers are asking U.S. District Judge Lawrence K. Karlton for a hearing to question state agents about their conduct. If the judge grants the hearing and the “outrageous government conduct” charge is upheld, the brothers, who have a long history of drug manufacturing, and their accomplice could walk free. “That would be a very bad thing,” said Nancy Simpson, the federal prosecutor handling the case. Simpson wants Karlton to deny the request for a hearing. She said the agents followed the law and the bureau’s written protocol, and acted for “the greater good” of society to take major drug manufacturers off the streets. “I maintain that this was a very well investigated case,” said Simpson.

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But Kennedy and others familiar with the case said it raises serious questions about the use of “reverse sting” operations in narcotics investigations. Narcotics agents and administrators said stings are a critical tool in the war on drugs, but must be employed extremely judiciously to ensure that drugs provided by the government do not end up on the streets. In the Spruth case, the BNE provided more than 102 pounds of ephedrine in exchange for $55,000 in cash, guns and a small amount of crank. Of the 66 pounds of methamphetamine produced with the chemicals provided by agents, 57 pounds and 13 ounces were “sold to the public,” court documents indicate. That translates into more than 100,000 doses or “hits” of crank. “How many people were potentially damaged by these drugs?” asked Robert Wilson, a Sacramento attorney representing Michael Spruth. “If this isn’t outrageous, I don’t know what is.” At the time of the transactions, Michael Spruth told The Bee in a jailhouse interview, high-grade methamphetamine was selling for $8,000 per pound. Ephedrine, Rowley said in court documents, was “like gold.” Narcotics officers for other agencies said it is highly unusual for drug agents to provide such large amounts of scarce raw material and then fail to recover most of the chemical or end product. A federal agent who requested anonymity said the federal Drug Enforcement Agency, which works in concert with the BNE in many cases, would never “sell ephedrine to a crook without a guarantee” that the chemical or product would be recovered. “No way,” the agent said. Joycelyn Barnes, spokeswoman for the DEA in San Francisco, said the agency is extremely careful about sting operations, taking the approach only when it offers “the only means of getting a significant violator.” Barnes said it is the DEA’s general policy to provide suspects only with enough chemicals to allow the person to “test” them for purity. Larger amounts can be distributed only with special approval and assurance that it will be recovered when suspects are arrested, she said. The Spruth brothers, who both had two convictions for methamphetamine manufacturing before their most recent arrest, were the main targets of the BNE sting.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Each of the four transactions between their friend Rowley and Special Agent Diaz received approval from top officials in the bureau’s regional office in Redding, records show. Special Agent Supervisor Daniel Largent referred all questions about the case to the agency’s deputy chief, Jack Beecham in Sacramento. Neither Beecham nor Diaz returned telephone messages from a reporter. “In fairness, not every sting operation is going to work,” said Peter Reuter, a professor of public policy and expert on drug policy issues at the University of Maryland’s department of criminology and criminal justice. “The question is, how often should they be allowed to go wrong before we say they aren’t worth the risk? “It’s hard to argue that catching a few felons while loosing 58 pounds of methamphetamine on the public is a good trade. This is clearly a reverse sting that went wrong.” It is unclear where the drugs ended up, but the scourge of methamphetamine in California and Sacramento County is well documented. A powdered stimulant that can be snorted, smoked or injected, methamphetamine has become one of the most dangerous and abused illegal drugs in the state and nation, according to police agencies. Law enforcement agencies have stepped up efforts to bust methamphetamine labs, and lawmakers have stiffened penalties for possessing certain chemicals and lab equipment used in manufacturing the drug. Yet abuse of the drug continues to be a huge problem. Statewide, law enforcement groups reported busting 465 meth labs in 1995. In 1996, the last year for which numbers are available, the total exceeded 1,200. Emergency room visits related to abuse of the drug have soared in recent years in California and across the country. California’s BNE busts more methamphetamine laboratories each year than any agency in the country, according to a recent study. Many of the cases are tried in federal court, where penalties are much stiffer. California’s Eastern District leads the nation by a wide margin in methamphetamine prosecutions, Simpson said. During the first 10 months of 1997, 72 such cases were filed against 163 defendants. Simpson said agents in the Spruth case followed the bureau’s regulations, which allow for “precursors” such as ephedrine to be furnished to criminal suspects during clandestine laboratory investigations. The amount varies depending on the case, but should be “sufficient to demonstrate that the lab operator is a

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major violator,” the regulations state. Chemicals, including ephedrine, “should never be used in a manner in which they may chemically expose the public,” according to the policy. If they are released, “every effort” should be made to track them to their destination and identify a lab site. Simpson said agents did everything possible to track the chemicals furnished in the Spruth case using a combination of ground and aerial surveillance. “These were not people who would have been interested in purchasing just a teeny tiny amount of ephedrine,” she said. “The agents couldn’t find the lab site until the last delivery was completed, and as soon as that happened they took it down. The lab was literally bubbling away when they went in.” But lawyers for the Spruths and Rowley contend that the men never would have been in business without Diaz and the bureau. “There is no way it could have been done without the cop,” said Michael Spruth, 34, a burly man with reddish hair and a neatly trimmed beard. At the time of the transactions, ephedrine was almost impossible to obtain outside Mexico, said Kennedy. For Rowley and the Spruth brothers, the government “was the only game in town,” the lawyer said. Before Diaz fronted Rowley an initial 10 pounds of ephedrine, the men could not even come up with three ounces of crank requested by the agent, court documents state. “I don’t think there is anything wrong with the BNE looking at the Spruths as potential manufacturers,” Kennedy said. “But why would BNE put out more than 60 pounds of ephedrine to try to get them, especially when these guys could not even come up with three ounces of methamphetamine? “It’s clear that it was never the state’s intent to recover the methamphetamine,” he said. “And if you don’t do that, how are you any different from the people you are arresting?” Simpson said the fact that methamphetamine was a huge problem in 1995, and remains so in California, contradicts the allegation that the bureau was the only supplier of raw materials for the drug, she said. “We have high-intensity drug trafficking organizations set up to stop the flow of methamphetamine, and we have more out there now than ever,” she said. “If government were the only source, we wouldn’t have any meth out there and things would be wonderful.”

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

DRUG STING’S TACTICS HELPED ‘POISON THE PUBLIC,’ JUDGE SAYS CYNTHIA HUBERT Sacramento Bee Staff Writer (Published April 25, 1998)

State agents helped “poison the public” by giving drug dealers huge amounts of the key ingredient to produce methamphetamine and failing to recover it, a federal judge said Friday. During a “sting” operation targeting a pair of notorious drug manufacturing suspects in 1995, the narcotics agents committed crimes that would justify life in prison “if they did not have badges,” said U.S. District Judge Lawrence K. Karlton. “How many people got started on meth who wouldn’t have if not for the conduct of these agents?” the judge asked. “There may be some child out there who’s dead because of what went on.” Karlton’s comments came at the end of a hearing in which defense lawyers charged that state Bureau of Narcotics Enforcement agents posing as suppliers provided the suspected drug dealers with enough ephedrine to produce 66 pounds of methamphetamine between August and October of 1995. The lawyers contended that most of the drugs were never

recovered, and instead ended up on the streets to be inhaled, injected and consumed by addicts. Karlton must decide whether the tactics of agents and their superiors justify dropping charges against Michael and Erwin Spruth, described as two of the biggest methamphetamine producers in Northern California. “This is an appalling situation,” the judge said at the hearing requested by lawyers for the Spruths and an alleged accomplice, John Roger Rowley. While the Bureau of Narcotics Enforcement’s conduct in the case was “reprehensible,” Karlton said, allowing the suspected drug dealers back on the streets “would be a very serious consequence.” He said he would rule on the matter later. A spokesman for state Attorney General Dan Lungren said the Department of Justice stands firmly behind the agents and the investigation, which won honors and is considered a “textbook”

NOMINATIONS FOR OFFICERS NEEDED There will be three positions on the CLIC Board of Directors open for elections in September 1998. If you would like to run for one of these offices or if you would like to nominate someone to run for office, please contact Pam Johnson at (573) 651-2221. She will be happy to ask those nominated if they would be a candidate for the various offices.

POSITIONS TO BE FILLED: Vice-President:

This office requires a three-year commitment serving as Vice-President the first year, President the following year and Past President the final year.

Membership Secretary: This office is also a three-year term, whose duties include processing membership applications, updating current membership lists with changes of employment and address, generating dues notices, receiving dues, recording them and forwarding them on to the Treasurer. The Membership Secretary is also responsible for making sure there are candidates for election each year. Member At Large:

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This office serves a two-year term of service on the CLIC Board.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION example of how such cases should be handled. “We hope the judge holds the criminals in as much disdain as he apparently does these fine agents,” said spokesman Rob Stutzman. The Spruth brothers and Rowley were arrested and indicted after a raid on a methamphetamine lab in rural Shasta County in October 1995. They have previous drug records and face life in prison if convicted on all charges. But the conduct of the drug agents may be their ticket to freedom. Defense lawyers argue that government agents put the men back in business after they got out of prison by supplying them with more than 100 pounds of scarce ephedrine over a period of about three months. The agents failed to diligently trace the chemicals, which ultimately were used to manufacture “crank” that was sold on the street, according to the attorneys. More than 100,000 doses of methamphetamine may have been produced by the ephedrine given to Rowley by Special Agent Joseph Diaz, who posed as a supplier, said assistant federal defender Michael Kennedy. Agents testified under questioning by Kennedy and Assistant U.S. Attorney Nancy Simpson that they did everything possible to keep track of the chemicals while homing in on the lab site operated by the Spruths. Simpson said agents in the Spruth case followed the bureau’s regulations, which allow for “precursors” such as ephedrine to be furnished to criminal suspects during clandestine laboratory investigations. The amount varies depending on the case, but should be “sufficient to demonstrate that the lab operator is a major violator,” the regulations state. Chemicals, including ephedrine, “should never be used in a manner in which they may chemically expose the public,” according to the policy. If they are released, “every effort” should be made to track them to their destination and identify a lab site. “This was a very controlled operation,” said Special Agent Supervisor Daniel Largent of the agency’s Redding office.

“I just didn’t get out there with my guys and throw ephedrine around.” Largent and others described the Spruths as some of the most notorious and prolific methamphetamine manufacturers in the north state, and said they believed the chance of bringing them down was worth the risk they were taking in supplying them with ephedrine. “We do our level best to recover all of the methamphetamine in these situations,” said Largent. “But it doesn’t always happen.” The agents said they were uncertain how much, if any, of the ephedrine they supplied to the men actually hit the streets in the form of methamphetamine. But testimony strongly suggested that at least half of it did, Karlton concluded. Karlton asked Diaz why agents continued supplying ephedrine to the men over three months while getting very little methamphetamine in return. “You guys are out there, clearly aiding and abetting the creation of methamphetamine,” he said. “You have concerns about it creating havoc in the community. Why didn’t you try to get it back?” Diaz said agents did try to trade for methamphetamine. “But we were afraid that if we did not continue negotiating, we would be cut off and they would find another source,” blowing a major investigation that had consumed them for months. Karlton said he was deeply troubled by the case. “Should the fact that these agents contributed to the poisoning of the public mean that your clients ought to benefit?” he asked Kennedy. “Doesn’t it seem utterly bizarre that these guys are rewarded because the agents used bad judgment?” Kennedy acknowledged that his clients “do not deserve” to be set free, but argued that the judge must consider the larger issue of government conduct. A judgment in favor of the agents would send a message that “the end always justifies the means,” he said.

EMPLOYMENT VERIFICATION FORMS REQUIRED If you have changed place of employment or if your lab has moved to a new address, please fill out the enclosed Verification of Employment Form and send it to: Pam Johnson SEMO Regional Crime Lab 1 University Plaza Cape Girardeau, MO 63701 FAX (573) 651-2533 The Bylaws require that this form be filed with the Membership Secretary anytime you have a change in employment or address. This is to ensure that you will continue to receive all of your CLIC mailings. Thank you for your cooperation in this matter.

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STING GONE WRONG: PUBLIC ENDANGERED BY LUNGREN’S DRUG-DEALING AGENTS Editorial Sacramento Bee (Published May 1, 1998)

In a sting operation that U.S. District Judge Lawrence Karlton says “poisoned the public,” agents for the state Bureau of Narcotics sold 107 pounds of hard-to-obtain ephedrine to known drug traffickers. The ephedrine was used to make 66 pounds of the illegal street drug methamphetamine. A significant portion of it was never recovered. According to testimony in Karlton’s courtroom last week, much of it unrefuted, state agents helped supply as much as 100,000 hits of meth to Northern California addicts. Karlton is justifiably outraged. Despite written Justice Department policy that says chemicals such as ephedrine “should never be used in a manner in which they may chemically expose the public,” agents sold massive amounts of it to drug dealers. Much of it was used to manufacture a potent illegal drug that found its way to the streets of our communities. “How many people got started on meth who wouldn’t have if not for the conduct of these agents?” Karlton asked. “There may be some child out there who’s dead because of what went on.” Despite conduct Karlton called “reprehensible” and other law enforcement experts described more gently as a “reverse sting that went wrong,” California Attorney General Dan Lungren

strongly defends the actions of his agents. A spokesman for Lungren called the operation a “textbook” example of how such cases should be handled and points to the fact that the agent in charge received a certificate of appreciation signed by the U.S. Attorney for work on the case. According to the Lungren spokesman, the agents believe they recovered 65 percent of the ephedrine they sold. In sworn testimony in Karlton’s court, however, the same agents said they recovered a methamphetamine-laced sludge that might have accounted for 55 pounds of the ephedrine they sold, but they weren’t sure. They think they recovered another quantity of finished meth that may have accounted for another 10 pounds. That still leaves, at minimum, 42 pounds of the agent-supplied ephedrine on the streets. The net result of this questionable sting was the conviction of two small-time drug dealers. The prosecution of the two main targets of the operation has been placed in jeopardy because of the drug agents’ conduct. If Lungren, the top law enforcement officer of the state, really believes this is a “textbook” example of how such cases should be handled, the public has reason to be alarmed.

BUSINESS OWNERS FACE DRUG COUNTS: REDDING FIRM ACCUSED OF SUPPLYING METH LABS WAYNE WILSON Sacramento Bee Staff Writer Published April 14, 1998 A federal grand jury in Sacramento has indicted a Shasta County couple on charges of unlawfully selling more than 66 million tablets containing chemicals used in the manufacture of methamphetamine. Daniel Gregory Rosen, 36, and his wife, Bette Ann Rosen, 42, both of Cottonwood, are chief executive officer and chief financial officer, respectively, of Danco Distributing Inc., a Redding firm that distributes snack items and sundries to Northern California convenience stores.

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But federal prosecutors allege that the Rosens, over a 15-month period, intentionally distributed 1,138 kilograms of two chemicals, pseudoephedrine and ephedrine, “having reasonable cause to believe” that they would be used to produce 2,000 pounds of drugs with a wholesale value of $10 million. The 10-count indictment, returned Friday, also alleges that the Rosens laundered the proceeds of their chemical sales by depositing $4 million in the corporation’s banking accounts. Daniel Rosen, who is free on $100,000 bail, was arraigned March 18, one day after his arrest. Bette Rosen has been

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION summoned to appear before a magistrate on Friday. The Rosens could not be reached for comment and their attorney, Joseph A. Gazzigli of Redding, was out of town. According to Special Agent Kenneth S. Wolters of the Drug Enforcement Administration, the chemicals distributed by the Rosens have legitimate uses as nasal decongestants and for asthma relief and can be sold legally in small quantities by retail stores. But clandestine drug manufacturers purchase bulk quantities of the over-the-counter tablets and then extract the chemicals that are important to the making of illicit drugs, and it is illegal to

facilitate that process. Court records show that the Rosens were notified by DEA agents four times in the past that their shipments had ended up in the hands of meth makers, but between May 20, 1997, and March 17, 1998, chemical sales made up more than 90 percent of Danco’s gross sales. U.S. Attorney Paul L. Seave characterized the indictment as “a significant step in our continuing effort to curb methamphetamine production in California. These chemical dealers cannot turn a blind eye to the methamphetamine their customers are producing, while enjoying handsome profits.”

METH TIDE RISING IN REGION PAULO LIMA The Tampa Tribune Sunday April 26, 1998

TAMPA – Narcotics officers fear the methamphetamine trade in West Central Florida will lead to a more dangerous drug scene. Like just about every other trend, methamphetamine first boomed out West. From the border towns and fruit groves of Southern California to the mountains of Washington state, the drug has polluted America’s Pacific coast for decades. Drug Enforcement Administration Agent Tom Feeney worked the drug in the 1980s, when it was still confined to motorcycle gangs and enclaves of ne’er-do-wells. Now a supervisor in the DEA’s Tampa office, Feeney has busted major drug traffickers pushing everything from marijuana to crack to heroin. In the past year, however, he’s been forced to get reacquainted with an old nemesis - methamphetamine trafficking. Feeney once again is faced with the drug that he says scares the hell out of him. It’s a drug that can turn mild-mannered folks into hallucinating psychotics who won’t hesitate to pull a gun, sometimes without the slightest provocation. “Every time I go out or one of my agents goes out on a meth deal, my heart is in my throat because you just don’t know when these [dealers] are going to snap,” Feeney said. “They are just uncontrollable.” Feeney, a 15-year DEA veteran, is the government’s point man for stemming a fast-rising meth tide in West Central Florida. He heads a nine-person task force of federal and local officers brought together last summer to identify and break up meth trafficking organizations. Statistics show they have their work cut out for them. Between 1996 and 1997, the number of methamphetamine samples submitted to the Florida Department of Law

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Enforcement’s regional lab skyrocketed from 736 to 1,833 - an increase of nearly 150 percent. While Polk County’s wide-open spaces have bred meth labs for several years, narcotics officers are alarmed by new trends in the trade that are bringing the drug closer to Tampa. In Hillsborough, narcotics officers report about 10 times as many meth cases as they were working even a year ago. In the first six months of 1997, detectives seized less than 2 ounces of meth, compared with more than 11 pounds in the second half of the year, said Hillsborough sheriff’s Lt. Paul Davis of the narcotics unit. Much of that came from an 8 1/2-pound load smugglers tried to send through the mail. Last week deputies made another big strike, seizing four pounds from a Mulberry couple who were selling the drug in the Brandon area. Meth use is more prevalent than it has ever been, and detectives predict the problem will get worse before it gets better. Methamphetamine is a powerful stimulant sold illegally in both powdered and crystalized forms. For years, it was known as “speed,” but the drug now goes by a number of different street terms. Crank, ice, glass, crystal and chalk are just a few. Meth is nothing new. In World War II, German officers fed their soldiers meth to keep them alert on the front lines. After the war, intravenous methamphetamine use boomed in Japan when military stocks of the drug became available to the public. Historically, most of the meth in the United States has been manufactured by amateur chemists who concoct the toxic brew in makeshift labs. The strong chemical stench associated with production of the drug requires a rural setting to maintain secrecy.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION The problem is, meth has joined the ’90s. “Everybody is talking about the increase in meth nationwide, with the preponderance of it moving from the West Coast to the Southeast,” said Bob Michelotti, special agent in charge of the DEA’s Tampa office. However, back country “mom and pop” chemical labs are no longer the primary source of meth, agents say. Large drug cartels, mostly based in Mexico, have replaced the disorganized distribution system that controlled meth for so long. Mexican smugglers have long been masters of modifying cars with hidden compartments to conceal large amounts of drugs. Instead of marijuana, those compartments now are being stuffed predominantly with meth, said Polk County Sheriff’s Sgt. John Cook. “Some of these organizations are as complex as any Fortune 500 company,” Feeney explained. “They actually come into an area and do feasibility studies.” The profit margin is staggering for dealers looking to peddle the drug known as “poor man’s cocaine.” A pound of meth, which sells for about $3,000 in California, can easily fetch $16,000 to $20,000 in Florida, Feeney said. The drugs are smuggled in cars, on airline passengers and even sent through the mail. Meth is attractive to addicts looking for a better value than the more traditional Tampa drug fare of crack and powder cocaine. A $20 crack rock might keep an addict high for about a half-hour, but $50 worth of meth will keep a user, sometimes known as a “crank monster,” high for 12 or even 24 hours. While Polk County remains the meth capital of the state, the source of the drug has changed in the past couple of years. “We did a real good job in the early 90s of shutting down a bunch of meth labs,” Cook said. “We shut down the supply, but the demand was still there, and now the smugglers are filling that demand.” Cook leads a five-officer unit at the Polk Sheriff’s Office that targets meth exclusively. The problem has grown to the point that Cook estimated other narcotics detectives in Polk spend about 90 percent of their time investigating meth dealers and the rest fighting other drugs. In Hillsborough County, areas like Dover, Lithia, Plant City and Seffner have become meth hot spots. And because the drug produces such acute paranoia in its users, dealers are more secretive in peddling it. Instead of hawking their product from street corners, most meth dealers sell from their homes and only to acquaintances or someone introduced by an associate, Feeney said. In certain areas of Polk County, the drug is so common that even this doesn’t present much of an obstacle. While drug trends are always changing with the ebb and flow of new dope, there is something about meth dealers that makes even veteran cops flinch. “They’re all using the dope, and they’re all packing heat,” Feeney explained. “You never know what their next move is.

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They’d just as soon shoot you as look at you.” In December, Polk sheriff’s deputies ended a five-hour standoff by shooting a 21-year-old Lakeland man after he pointed a shotgun at them. Deputies said he was coming off a meth high. Also in December, Polk deputies and DEA agents raided a meth lab near Bartow. The fenced compound even had a lookout tower. Along with 2 pounds of meth, investigators seized a cache of guns, including AK-47s and sawed-off shotguns. Narcotics officers say such extreme security measures are the standard among large meth dealers. They not only have to beware of the police, but must also guard against rival dealers. Agents predict that the organized meth traffic in Hillsborough will create an atmosphere ripe for violence in the drug business. “With structured [narcotic] organizations, you’re going to have the accompanying violence,” Feeney said. “If someone steps out of line, they’re going to get whacked. We’re just seeing the tip of the iceberg here.” Typical users of pure methamphetamine are poorer, more rural whites and Hispanics. But derivatives of the drug are gaining popularity with a hipper, younger and more affluent crowd. MDMA, or methylenedioxymethamphetamine, is a designer drug better known as Ecstasy. The hallucinogenic drug is extremely popular on the rave club scene all over the Tampa Bay area, said Capt. Bruce Ashley with the state Division of Alcoholic Beverages and Tobacco. “We’re talking about socially acceptable use where kids from mostly middle- and upper-class families use drugs that are meth-based,” Ashley said. “Once you’re into MDMA, it’s not much of a stretch to try pure meth.” Nationwide statistics show that the drug has not reached young customers on a large scale, but it is growing. In a 1996 survey by the National Institute on Drug Abuse, 4.4 percent of high school seniors admitted to trying meth, up from 2.7 percent in 1990. The drug’s appetite suppressant qualities also make it appealing to teens and young professionals, particularly women. In California, where meth use is widespread, younger and more affluent users often start taking the drug as a stimulant, like many people use caffeine, according to Richard Rawson, a professor at UCLA and director of a chain of California drug rehabilitation clinics. “They tend to use it less to party with and more to sustain their energy,” Rawson said. Meth is known to cause a laundry list of physical problems, mostly of the blood and nervous systems. Users have dropped dead from heart attacks and strokes during sleepless binges. They also run an increased risk of heart failure and high blood pressure even after they stop abusing the drug. Meth is not considered physically addictive, but Rawson warns that it is not an easy drug to give up. Rawson said about 60 percent of meth addicts who seek treatment at his clinics are able to stay sober, a recovery rate similar to that of cocaine.

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 8 NUMBER 2 — APRIL 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Addicts don’t exhibit common withdrawal symptoms like shakes or sweats, but they often complain of severe depression, chronic fatigue and an inability to think clearly. “They’ll talk about it as being in a fog,” Rawson said. “It doesn’t feel like their brain is firing on all cylinders.”

The characteristic paranoia often lingers for months after an addict has stopped using, but usually clears up. A few aren’t so lucky. “Meth appears to permanently damage some structures in the brain,” he said. “For some people - we’re not sure the percentage - that paranoia doesn’t ever get better.”

LAB SEIZURES HYPOPHOSPHORUS ACID AND IODINE FIRE HAZARD The use of the hypophosphorus acid and iodine for the reduction of pseudoephedrine or ephedrine to methamphetamine poses a real fire hazard to those who use or investigate these lab sites. It has been repeatedly shown that the continual, prolonged heating of this mixture leads to the degradation of the reagents and ultimately to self-ignition of the reaction mixture. The normal clear, yellow reaction solution, if heated too long, too hot, or with insufficient volume will produce a spontaneous ignition. This hazardous condition is characterized by the reaction becoming milky white in appearance, followed by the evolution of copious amounts of white fumes, and, finally, the ignition of the reaction material. Even the removal of heat when the milky appearance was first noticed did not prevent the reaction mixture from igniting. This condition was found to be reproducible on both a small and a large reaction volume. It is presumed that the hypophosphorus acid becomes more concentrated during the refluxing and this eventually promotes the formation of an instantaneously flammable gas such as diphosphine. The flames can easily be extinguished with water.

RESURGENCE OF MERCURY ALUMINIUM AMALGAM REACTION

We have just made our second seizure of this type of reaction in a period of a week in the Vancouver area. This first seizure consisted of a mobile laboratory, the second such mobile lab seized in the past 4 months, in an old “Snap-On Tools” panel truck. All the chemicals necessary to manufacture methamphetamine via the mercury-aluminium amalgam reaction were present including, P-2-P, methylamine, mercuric chloride, solvents and acids & bases. The panel truck was rigged with a home-made system of 20 reaction vessels made from PVC plumbing pipes of various diameters which would be filled with precursors and reagents

VOLUME 8 NUMBER 2 — APRIL 1998

and placed in a rack mounted on the wall of the panel truck. A second PVC assembly to function as a condenser column would be bolted down to the first vessel. Once all twenty reactors were charged with reagents they would be assembled to a cold water intake, return and column head exhaust manifold made of valves, Tygon tubing and quick fit connectors. A submersible pump with a long nylon cord and tubing would simply be thrown in to a small pond and connected to a gas-electric generator, two of which were seized in an associated pickup truck. About 2 Kg of methamphetamine base was seized. The interesting aspect of this laboratory is that it was designed exclusively for this type of reduction reaction since there was no provision for the reactors to be heated, let alone for the reaction to be refluxed. The lab was seized at the end of an abandoned logging road. The second seizure consisted of a small ounce level lab using the same reaction. While a seizure of this size of a lab is very common the fact that the last time this laboratory was raided the accused was using the thionyl chloride reaction on Ephedra extract where methamphetamine, N,N-dimethylamphetamine, and amphetamine were found present in the samples along with the halogenated methamphetamine intermediate. During this seizure, we took his home-made hydrogenators and I speculate the change over to another method reflects the availability of equipment and chemicals. Richard Laing Health Canada – Burnaby, B.C.

PHENYL-2-PROPANONE LAB IN RIVERSIDE COUNTY In December 1997, the Riverside Sheriff’s Office responded to a residence in the Calimesa area of Riverside County, California. Patrol deputies had been asked to assist in evicting a resident. When the deputies arrived, they noticed some large chemical apparati set up in the garage and some chemical containers. The Riverside County Special Investigations Bureau was notified. Assistance was also requested from Riverside County

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Environmental Health, the California Department of Toxics, Riverside County Hazardous Material Unit, and the California Department of Justice - Riverside Crime Laboratory. Two criminalists from the Crime Lab responded to the residence. They found chemicals and glassware in the garage. There were three 22-liter flasks set up: two for refluxing and one for distillation; however, they didn’t appear to have been used recently. The garage also had very large storage cabinets, which contained numerous flasks, condensers, beakers and other chemical glassware. It looked like a well-stocked chemistry laboratory. In addition, there were a few small bottles of chloroform, benzene and a few other solvents. Stacked around the garage and in several of the cabinets were 5-gallon buckets and carboys that contained a variety of unknown liquids. A few of the containers were hand-labeled with initials and others were hand-labeled with distilling fraction temperatures. In the house and in a U-Haul truck parked outside were numerous empty solvent cans in boxes. The deputies at the scene indicated that there were little to no odors when they initially searched the garage. A van owned by the suspect was parked in a nearby grocery store parking lot. The van was stuffed full of boxes containing 5-gallon containers similar to the ones located in the garage. Some containers were factory labeled solvent containers, but most were unlabeled or hand-labeled with initials. The containers appeared full of various liquids or solids. The suspect did not answer criminalists or investigators directly about what he was making, but stated that he was looking things up in journals and mixing chemicals to see what he would get. He said that he had been doing this for over ten years and hadn’t tried anything in the last few years. Later in the evening, the suspect spoke with a representative from Environmental Health and indicated that he had been making phenyl-2-propanone (P2P). Although in excess of 40 samples were collected, it was not apparent at the scene what the suspect was attempting to make or if it was illegal. Analysis at a later date identified the following chemicals: Phenyl-2-propanone Sodium hydroxide Ammonium formate Methanol Benzaldehyde Sulfuric acid Formamide N-methylformamide Amphetamine HCl (approx. 340 g) Nitroethane Iron, silicon and traces of other elements Several solvents and solids remained unidentified.

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Several samples contained controlled substance related compounds with numerous byproducts / impurities. The following were identified: • • • •

An organic liquid that contained amphetamine, N-formylamphetamine, and several other byproducts indicative of the Leuckart reaction. Several neutral, aqueous liquids that contained methamphetamine, N,N-dimethamphetamine, N-formylamphetamine, and N-formylmethamphetamine. Several organic liquids contained benzaldehyde, nitroethane and a variety of unidentified impurities. Other liquid samples contained different combinations of phenyl-2-propanone, methamphetamine, N,N-dimethamphetamine, amphetamine, impurities indicating a Leuckart synthesis, impurities associated with lithium reduction, and numerous unidentified impurities.

Based upon the analysis, it appeared that the suspect was performing the following reactions: 1. 2. 3. 4. 5.

Manufacturing P2P using benzaldehyde and nitro-ethane through the 1-phenyl-2-nitropropene intermediate; Manufacturing amphetamine from P2P using the Leuckart method with the N-formylamphetamine intermediate; Manufacturing methamphetamine and N,N-dimethyamphetamine by reducing N-formylamphetamine and N-formylmethamphetamine; Had the ability to manufacture methamphetamine from P2P using the Leuckart method with the N-formylmethamphetamine intermediate; and Other amphetamine and methamphetamine manufacturing methods were indicated; further the suspect may have been attempting to manufacture other phenethylamine drugs as well.

This is the first phenyl-2-propanone laboratory we have had in the Riverside area in over ten years. The typical clandestine laboratory seen is the manufacture of methamphetamine via the reduction of ephedrine or pseudoephedrine with hydriodic acid and red phosphorus. Lynn Melgoza CA DOJ Crime Lab – Riverside, CA

BUSINESS AS USUAL The recent closure of an Oakland chemical company, Custom Lab Supply, Inc., caused quite a news sensation in northern California (CLIC, 8-1, 1998). Considering that the majority of their sales involved chemicals and equipment used to manufacture methamphetamine, drug agents and chemists alike speculated on

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 8 NUMBER 2 — APRIL 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION how this event would affect the clandestine laboratory business. From January 1, 1997 until May 1, 1997, 31 clandestine laboratory cases were accepted into the California Department of Justice Freedom Laboratory. Out of these 31 cases, a total of seven specifically mentioned Custom Lab Supply chemicals or apparatus present at the site. In contrast, during the same period for 1998, we have again received 31 clandestine laboratory cases; however, the exception this time is that none of them have Custom Lab Supply specifically mentioned. It is apparent that, while Custom Lab Supply’s chemicals are no longer available for purchase, the Freedom Laboratory’s clandestine laboratory statistics have not been unduly affected. Neither the closure of the company nor the bad weather attributed to El Niño has contributed to a significant decline in lab cases. Melinda Banta CA DOJ Laboratory – Watsonville

CLANDESTINE LABORATORY ACTIVITIES IN SOUTH AFRICA Since October 1997 until the beginning of April 1998, six clandestine laboratories have been investigated by the Drug Analysis Section of the South African Police Forensic Science Laboratory in Pretoria. At the end of December, 3 premises were raided in and around Pretoria. A student in Chemical Engineering at the University of Pretoria was found to be synthesizing anthranilic acid in a back room at this parent’s house. The anthranilic acid was provided to a second person who used it to synthesize N-acetylanthranilic acid. This person ran his operation in his garage in a residential section of town. Methaqualone was synthesized from the N-acetylanthranilic acid on a small holding. This third partner was also responsible for pressing the mandrax tablets with a single punch press. In January, an industrial premises in Johannesburg was investigated. The premises was cleaned out before it could be raided. From the chemical analyses on the dust, it was concluded the premises was used for grinding and mixing methaqualone with diazepam and diphenhydramine. In March, another premises on a small holding at Volksrust in the countryside was investigated. The premises was also cleaned out, but the evidence left behind was enough to establish methaqualone was synthesized on the premises. On the 2nd of April 1998, a raid was conducted on a farm near Rustenburg in the North West Province. Eight people were arrested on the premises. Twenty kilograms of methaqualone, produced the previous day, was found. The raid was conducted just as the suspects were starting with the next batch. A large quantity of precursors and chemicals were also seized. A 16-punch tablet press was confiscated. André Koch So. African Police Forensic Science Laboratory – Pretoria

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“BLACK METH” STARTING TO APPEAR Julia Reinking, Staff Writer Poplar Bluff, MO Police say one of three suspects arrested during a drug raid this morning in Poplar Bluff was so desperate to get rid of just-cooked methamphetamine that he ran into the utility room and tossed the contraband into the washing machine. Officers forced the suspect, Michael H. Waters, onto the kitchen floor and turned the machine off. During a subsequent seach of the the residence and shed, officers found a large quantity of what’s known on the street as “meth in the black.” Lt. Chuck Stratton of the Poplar Bluff Police Deparment said local officers have recently started to see more of this type of meth. He said that instead of cooking the ingredients in stages, the manufacturer will “drop everything in at once.” The chemical reaction causes the meth to burn and turn black. “The main reason they do this is that it cuts the cooking time down,” Stratton explained “They are able to get the finished product sooner.” Submitted by Pamela Johnson SEMO Regional Crime Lab Cape Girardeau, MO

METHAMPHETAMINE VIA FRIEDEL-CRAFTS ALKYLATION In January 1998, a clandestine laboratory which had been operating in a shed in a country area of Victoria (Australia) was detected. This laboratory was being packed up at the time of closure. Chemicals located included allyl chloride (20 litres), toluene (20 litres), ferric chloride (3 kilograms), formaldehyde (40 litres) and ammonium chloride (30 kilograms). Equipment included a 3 litre stainless steel bottle. At a second location, approximately 140 grams of finished product was discovered along with photocopies of scientific papers and Uncle Festers’ “Secrets of Methamphetamine Manufacture (4th Edition)”. Handwritten notes indicated the use of the Freidel-Crafts alkylation [Fig. 1; see Uncle Fester, page 216]. Methylamine was produced by distilling a mixture of formaldehyde and ammonium chloride. The operators, for some reason, added toluene to the conventional ingredients for the alkylation; namely, allyl chloride, benzene, and ferric chloride. This mixture produced, after methylation, methamphetamine and its ortho- and para- methyl derivatives [Fig. 2]. Because methylamine was “home-made” via formaldehyde and ammonium chloride, the methylamine produced could have

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION had ammonia and dimethylamine in smaller proportions. This scenario would fit with the GC/MS traces of the recovered end-products. The mass spectra are consistent with the presence of amphetamine, methylamphetamine, and dimethylamphetamine together with their ortho- and para- methyl analogs.

+ Benzene

H2C

C H

CH2Cl

FeCl3

C H

C H

CH3

+

HCl

Allyl chloride Cl C C H2 H

Mike Perkhal Victoria Forensic Science Centre - Melbourne

CH3

1-Phenyl-2-chloro-propane

CH3 NH3

Cl C C H2 H

NH2 amphetamine

CH3 CH3

CH3NH2 HN

CH3 methamphetamine

Fig. 2

Figure 1 methamphetamine

para-methylmethamphetamine

amphetamine

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 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

ortho-methylmethamphetamine

VOLUME 8 NUMBER 2 — APRIL 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 8 NUMBER 1 — JANUARY 1998

IN THIS ISSUE ... Figure In Airline Incident Faces Drug-making Charges ............................... 2 White Phosphorus Replacing Red Phosphorus In Idaho ............................... 3 Chemical Case Could Crash Meth Market .................................................... 6 Bay Lab Supply Firm Accused...................................................................... 6 Indicted Chemist Innocent, Attorney Says .................................................... 7 CSUF Chemist Held In Drug Bust ................................................................ 8 Drug Recipes On Web Raise New Fears ....................................................... 8 Nominations For Officer Needed .................................................................. 9 Methcathinone Syntheses Information Posted To alt.drugs.chemistry Newsgroup ....................................................... 10 Recent Court of Appeals Rulings ................................................................ 13 Lab Seizures ................................................................................................ 23

Original Papers Unusual Manufacturing of MDMA in The Netherlands ............................. 25 Anneke Poortman The Planned Manufacture Of LSD From The Fungus Claviceps Paspali .............................................................. 27 John Hugel, B.Sc.

Association Officers President: Terry A. Dal Cason DEA North Central Laboratory 536 S Clark St Rm 800 Chicago, IL 60605-1509 (312) 353-3640 Vice-President: Catherine Wojcik San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab – Annex 1704 E Bullard Fresno, CA 93710-5856 (209) 278-7732 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main St Ste 700 San Francisco, CA 94105-2018 (415) 744-7051

Explorations With Ecstacy And Amphetamine Derivatives ....................... 29 James R. Pearson, Ph.D., Wayne J. Mitchell, B.Sc. (Hons), Jeffrey E. Rowe, Ph.D., and Robert M.D. Sette, B.Sc. (Hons)

Past-President: Tim McKibben DEA Special Testing and Research Lab 7704 Old Springhouse Rd McLean, VA 22102-3405 (703) 285-2583

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Executive Board Members: Kathy Wilcox OSP Forensic Laboratory 333 4th Av Coos Bay, OR 97420-4380 (541) 269-2967 Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

FIGURE IN AIRLINE INCIDENT FACES DRUG-MAKING CHARGES December 9, 1997 By Edith Inta News-Press Staff Writer A Goleta man facing trial for creating mayhem on a commercial airliner over the summer will soon have to answer charges of running an illegal drug lab. Thomas Carope Kasper, 36, was arrested over the weekend after sheriff’s investigators found the alleged drug laboratory inside the man’s business, Chemical Resale of Santa Barbara. Deputies took Kasper into custody when he arrived Saturday morning at his business at 5370 Hollister Ave., Suite 7, sheriff’s Sgt. Jim Peterson said Monday. Kasper did not resist arrest. Deputies booked Kasper into County Jail on a recently issued federal warrant related to the airline incident, Peterson said. Federal authorities revoked the man’s $50,000 bail after he allegedly threatened his co-defendant in the airline case, Susan Callihan, 28, also of Goleta. Both are scheduled to appear in federal court on Jan. 13 for the July 14 incident, in which they allegedly poured hot coffee on two Continental Airlines attendants and threatened to open emergency doors while in flight. Within the next few days, sheriff’s investigators will complete the paperwork on the drug allegations and forward them to the District Attorney’s Office, Peterson said. Kasper is accused of manufacturing a controlled substance, diverting chemicals for the purpose of manufacturing a controlled substance and failing to report the sale of restricted chemicals. The arrest ended a 10-month investigation into Kasper’s activities, Peterson said. The Drug Enforcement Agency alerted investigators to Kasper in February after finding the man’s Web site on the Internet.

Kasper’s cyberspace advertisement offered a variety of chemicals for sale, including ingredients for gamma hydroxybutyrate, known also as GHB - which became illegal in California on Sept. 29 - and methamphetamine, Peterson said. Investigators also received word that the site listed the recipes for the illicit drugs. Kasper posted a disclaimer on the Web site, noting that the chemicals and information were for use by researchers. But as investigators dug into his dealings, they found that the business seemed to go beyond its advertised purpose. In October, investigators got word from a Northern California drug task force that chemicals from Kasper’s business had surfaced in a GHB lab in that region, Peterson said. On Saturday, deputies seized sodium hydroxide and 30 gallons of so-called GHB precursor found among the lab equipment. The two chemicals combine to form GHB, he said. They also discovered business records that point to GHB sales, he said. Investigators believe the alleged lab produced $5,000 worth of illegal drugs per week. Developed almost 10 years ago as an alternative anesthetic, GHB has become a popular drug among nightclub enthusiasts. The compound offers the same euphoric effects as a betterknown drug called ecstasy; GHB also can induce sleep like rohypnol, the so-called “date-rape” drug. GHB is also commonly used by bodybuilders who are drawn to GHB’s ability to increase muscle growth. There have been several isolated cases of suspected GHB use in the county in the last few years, Peterson said. The cases centered mostly in Isla Vista. Most recently, GHB was involved in an incident at San Marcos High School. Three students passed out after they ingested the drug on Sept. 19. They were not hurt seriously.

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes .............................OSP Forensic Laboratory - Portland, OR ................................................ (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab - Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................DEA Special Testing and Research Lab – McLean, VA ......................... (703) 285-2583 O. Carl Anderson ..................... Kansas Bureau of Investigation Lab - Great Bend, KS ........................... (316) 792-4353 Jason Freed ..............................National Medical Services - Willow Grove, PA ...................................... (215) 657-4900 Jerry Massetti ........................... CA DOJ Crime Lab – Fresno, CA ........................................................... (209) 278-7732 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452 Rodney Norris .........................ESR Forensics - Aukland, NZ .................................................................. 649-815-3670 Peter Vallely ............................J. Tonge Centre for Forensic Science - Brisbane, Australia .................... 617-3274-9031

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

WHITE PHOSPHORUS REPLACING RED PHOSPHORUS IN IDAHO RACHEL CUTLER Forensic Services 209 E. Lewis Pocatello, ID 83201

The Idaho Department of Law Enforcement, Bureau of Forensic Services, has encountered many unusual clandestine methamphetamine laboratories in 1997. Boise (pop. 150,000) and Pocatello (pop. 51,000), Idaho's first and second largest cities respectively, have had a continual rise in methamphetamine laboratory seizures over the last few years. In 1997, Idaho agents have seized 63 clan labs statewide. In the Pocatello region, drug agents have seized 22 of the 63 labs. The clandestine method of choice in Pocatello is still the reduction of ephedrine or pseudoephedrine using iodine and phosphorus; however, lately we have been seizing white phosphorus instead of red phosphorus. This can be attributed to the large deposits of phosphates in the region. There are three phosphorus plants in this area from which phosphorus slag or elemental (white) phosphorus can be obtained. Recently, an incarcerated former meth cook shared a recipe as part of a plea bargain. He stated white phosphorus is referred to as “Devil Phos,” and the methamphetamine produced from it gives hallucinations of demons. He said the white phosphorus makes the reaction go faster. He stated that although external heat is used in the reaction, it is not needed. A description of the procedure he outlined is provided below. We have had several incidents of fire at clandestine labs from the white phosphorus. In one seizure, the mother of a suspect attempted to clean up a lab before the drug agents arrived. She tried to flush all of the liquids and solids down the toilet. When the white phosphorus wouldn’t flush, she scooped it out of the toilet and put it in her pocket. When agents arrived on scene, she was running around in the front yard with her pants on fire. Another technique we see in Pocatello associated with this method is the “meth oil” or methamphetamine base is not extracted with an organic solvent in order to obtain the salt but rather distilled from the basified reaction solution. A few years ago, Coleman fuel was commonly used to extract the methamphetamine base and make the salt form. Now, organics solvents are rarely seen at labs. The conversion to the salt is made by adding muriatic acid until the pH of the liquid is neutral or slightly acidic. Injection of the methamphetamine is the route of choice in Pocatello, so the liquid is rarely converted to the powder form. In some cases, the liquid will be evaporated to obtain a crystalline product. The quality of methamphetamine we see from these labs is remarkable and the product is fairly white.

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THE “1-2-3 METHOD” OF METHAMPHETAMINE SYNTHESIS 1. 2. 3.

100 grains (approximately 6 g) phosphorus 200 grains (approximately 12 g) pseudoephedrine 300 grains (approximately 18 g) iodine

Also needed: rubbing alcohol, if desired distilled water “Red Devil” lye muriatic acid submersible pump ice propane torch 4’ - 5’ glass tube “Y” PVC fitting with ball valve attachment cotton balls cat litter garden hose empty plastic milk jug rubber tubing “Pyrex” glassware (Note: The ingredients in this recipe are the most common for making methamphetamine; however, the methods employed in the actual synthesis vary greatly. The following is a method the clandestine cooks in Pocatello, ID, are currently using.)

STEP 1 1.

2. 3.

Grind up pills containing ephedrine / pseudoephedrine and place in a large container with distilled water. Rubbing alcohol can be used instead of the water as it will evaporate faster in the last part of this step. Shake container vigorously for 1-2 minutes then let the solution settle. A solid substance will settle out in the bottom of the liquid. The solid is NOT the ephedrine. Carefully pour the liquid through a coffee filter and throw away the solid. The solid can be used later to cut the final product if desired.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 4.

5.

Pour the liquid into a Pyrex pan and evaporate the liquid over medium heat. DO NOT heat too fast or too long. If you burn the ephedrine, you’ll get brown “peanut butter” meth. Scrape the ephedrine (should be a white, powdery substance) out of the pan and weigh out the amount needed.

STEP 2. THE “SHOOT TUBE” 1.

2. 3. 4.

5.

6. 7. 8.

Thoroughly grind up the ephedrine and phosphorus and place in a glass flask. Note: The phosphorus will have some water on it to prevent it from catching fire. DO NOT add excess water to the reaction. Using duct tape and hose clamps, thoroughly seal all connections. [Fig. 1] While swirling the glass flask, heat the reaction using a flame until a red liquid is formed. A small amount of white foam may appear on the sides of the flask. When the smoke visible in the shoot tube turns from white to yellow, the iodine is ready to be added. SLOWLY open the valve which releases iodine into the reaction. Allow only small amounts of iodine to enter, then quickly close the valve and let the reaction react. Continue until all iodine is added. If a purple color develops in the plastic jug with the cotton / cat litter, the reaction is going properly. When the reaction is complete, the reaction will be a red - purple color. Carefully remove the plastic jug holding the cotton / cat litter and pour ½ - 1 cup of WARM distilled water down the hose. This will wash any product which may have gone into the tube back into the reaction flask. Dismantle the glass reaction flask from the shoot tube when the reaction is cool to the touch. Filter the solution at least twice through coffee filters into a clean glass flask. SLOWLY add “Red Devil Lye” to the solution until the solution becomes white.

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STEP 3. CONDENSATION 1.

Place the white solution in a glass flask of some type. Insert rubber tubing into the mouth of the flask and, using duct tape or a rubber stopper, make a seal around the tubing. 2. Run the tubing to one end of the condenser column. 3. Place a glass dish at the other end of the condenser column to catch the liquid which should be pure methamphetamine oil. 4. Place a block of ice in a cooler and fill with water. Put a submersible electric pump in the water. Connect a tube to the submersible pump and attach it to the bottom fitting on the condenser column. Put another tube on the upper fitting of the column and run back into the cooler. 5. Turn hot plate on “High” setting. 6. Turn on submersible pump and make sure the cold water is flowing around the condenser column. 7. A yellow liquid will begin to drip out of the condenser column into the glass dish. When all of the liquid has dripped out, turn off the hot plate but leave the water running until everything is cool. 8. Add muriatic acid dropwise to the yellow liquid until the pH is neutral or slightly acidic. This is called “pHing the meth.” 9. You now have finished product which can be injected. 10. If the powder is desired, it can be obtained by evaporating the yellow liquid in a dish or on a mirror. According to the clandestine cook, the entire method takes 2 hours total, yielding approximately 1/2 ounce of product.

ACKNOWLEDGMENTS Many thanks to the Special Agents of the Idaho Department of Law Enforcement, Criminal Investigation Bureau, Pocatello, for their cooperation and tireless efforts.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

A garden hose or length of tubing is attached to the top of the "shoot tube" and connected to a plastic jug containing cotton balls and/or cat litter. Two pencil-sized holes are poked into the bottom of the jug.

“Shoot Tube” (4 - 5 foot glass tube)

Valve PVC pipe Iodine crystals are placed in this side of the tube with the valve closed.

White phosphorus - pseudoephedrine mixture, heated over flame.

Figure 1.

VOLUME 8 NUMBER 1 — JANUARY 1998

"Shoot Tube" set for introducing iodine crystals into reaction mixture

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CHEMICAL CASE COULD CRASH METH MARKET BY BEN CHARNY STAFF WRITER Oakland Tribune, Thursday, November 6, 1997

accountant Betty Lou Lewis. They were arraigned on the charges Wednesday. Prosecutors say lab officials knew, or should have known, they were selling to drug dealers. Nearly 95 percent of the chemicals sold were paid for in cash, sometimes more than $10,000 at a time. But Phillips said cash sales are common in the business.

CHEMICAL FIRM INDICTMENT MAY BOOST METH PRICES, AGENTS SAY

BAY LAB SUPPLY FIRM ACCUSED

OAKLAND – The “poor man’s cocaine” may soon cost more because of a criminal indictment against an Oakland chemical company, federal drug agents say. Federal prosecutors on Tuesday charged Custom Lab Supply Inc. with aiding in the manufacture of methamphetamine by selling chemicals to people who later used them to make the drug. Drug agents say if the indictment holds up in court the case could make what once were easily available chemicals harder to buy, forcing drug dealers into Canada or Mexico for the raw materials. The extra travel could increase the drug’s cost, turning meth – known as the “poor man’s cocaine” – into less of a deal, agents say. Meth now can sell for as little as $60 a gram, while cocaine goes for $100 a gram, agents said. Meth has exploded in use because it is cheap and readily available, said David Tresmontan, a special agent in charge of the California Department of Justice Bureau of Narcotics Enforcement. During the first six months of 1994, state agents seized an average 33 meth labs per month. By 1996, the state seized an average 56 meth labs per month, Tresmontan said. The Central Valley is the location of choice for these “megalabs” because of its open space and closeness to major highways and chemical companies that won’t turn dealers away at the door, said U.S. Attorney Paul Seave. But Custom Lab attorney Bob Beles said the government’s tactic of accusing a legitimate company was the wrong way to fight the drug problem. If this indictment stands, “you can indict anyone who sells guns because someone got murdered, indict big drug companies because they are supplying Sudafed that is broken down to make meth,” Beles said. Former Custom Lab owner Wayne Phillips agreed. “The biggest risk of being in the business of laboratory supplies is not the riskiness of the chemicals,” said Phillips, who owned Custom Lab until 1990, when he retired and sold the business to his employees. “It’s the risk of the political atmosphere. “Joe Cop could come in tomorrow and arrest you on this type of a charge, haul you away, seize your assets and you are basically dead in the water just on their say so,” he said. Named in the 22-count indictment was Custom Lab, its president, Terry Mincey, employee Calvin Roberts and company

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ROBERT SALLADAY EXAMINER CAPITOL BUREAU SF Examiner, 11/5/97, pg. A4

DEA SAYS IT SOLD SUPPLIES USED TO MAKE $306 MILLION WORTH OF SPEED IN CENTRAL VALLEY LABS SACRAMENTO - The government informant arrived with an In-N-Out Burger bag carrying $10,000 in cash and instructions scribbled in Spanish to buy iodine, sodium hydroxide, Freon and heating flasks, among other items. Although the sign outside the East Oakland business said Custom Lab Supply Inc., a federal indictment unsealed Tuesday accuses the $7.4 million-a-year business of supplying the methamphetamine industry with the tools of the drug trade. Now a former San Francisco chemistry professor who quit his job in academia to run Custom Lab Supply faces charges of aiding in the manufacture of at least $306 million in methamphetamine cooked in Central Valley mega-labs. For drug-enforcement officials, the 20-count indictment signals a new technique against the burgeoning U.S. methamphetamine industry – based in California. The U.S. attorney in Sacramento said Tuesday’s action was the first criminal prosecution of a company that sells equipment and chemicals for scientific purposes – but can also be used to make illegal drugs. They said the owners of Custom Lab Supply knew they were selling to drug makers. “This is a warning to these companies,” said Michele Leonhart, special agent with the Drug Enforcement Administration in San Francisco. “We will investigate you, we will prosecute you, and we will expose you.” In announcing the indictment, U.S. Attorney Paul L. Seave said: “Chemical merchants will no longer be able to conceal their criminality. ... If we don’t act quickly, the Central Valley will become to methamphetamine what Miami was to cocaine a few years ago.” Among those arrested Tuesday was Terry Crandall Mincey, 50, an assistant professor of chemistry at UC-San Francisco from 1981 to 1984, according to court papers. Agents also arrested Calvin Roberts, 34, of Berkeley and Betty Lou Lewis, 49, of Alameda. All are scheduled to be

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VOLUME 8 NUMBER 1 — JANUARY 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION arraigned Wednesday in federal court in Oakland. Neither they nor their lawyers could be reached for comment. Mincey, who officials say holds a doctorate in chemistry, told DEA investigators that he, Roberts and at least one other person bought the company for $1 million in 1994. Lewis is listed as the company’s accountant, but is not a shareholder, agents said. According to an affidavit filed by DEA special agent Thomas J. Gorman, Custom Lab Supply on 98th Avenue in East Oakland sold millions of dollars of lab equipment and chemicals to people who were later arrested and convicted for illegal methamphetamine sales. Gorman said about 95 percent of the company’s 1996 sales were made in cash, and more than 90 percent of the cash sales involved six items: iodine, red phosphorous, Freon, hydrogen chloride gas, sodium hydroxide and 22-liter flasks and mantles, all products authorities say are needed to manufacture methamphetamine. Custom Lab Supply had a cash-counting machine in the back of the store, agents said. The DEA calculated that the 81,000 pounds of iodine sold through Custom Lab Supply could produce 51,000 pounds of methamphetamine. At a street cost of up to $6,000 a pound, agents estimate Custom Lab Supply helped produce $306 million worth of the illegal drug. The DEA said it uncovered Custom Lab Supply during the 1995 prosecution of several men accused of running a methamphetamine operation in the Central Valley. Those men purchased some of their chemicals from the Oakland company, agents said. During its one-year investigation, the DEA used confidential informants who were promised immunity from prosecution. The informants provided receipts showing about $2 million in cash purchases made from Custom Lab Supply – with few questions asked. During at least three sting operations, agents and informants arrived carrying large amounts of money in fast-food bags with a shopping list scribbled on the outside. On June 11, undercover agents entered the store, opened a backpack, took out an athletic shoe and removed $5,000 from the shoe. Their list included iodine, Freon, condensing columns and sodium hydroxide. They met little resistance, agents claim.

INDICTED CHEMIST INNOCENT, ATTORNEY SAYS

Prosecutors claim that Terry Crandall Mincey, 50, who taught chemistry at UCSF before buying Oakland-based Custom Lab Supply Inc. in 1994, knew or had “reasonable cause to believe” his company was selling chemicals to the manufacturers of methamphetamine. “Our position is that my client and Custom Lab is absolutely not guilty,” said criminal defense attorney Robert J. Beles, who is representing Mincey and the company. “They are no different than any company that sells a product that could be used to commit a crime. You wouldn’t indict a gun company.” In a 20-count federal indictment unsealed this week, prosecutors paint a picture of shady dealings involving tens of thousands of dollars in cash payments with the money sometimes delivered in fast-food bags or stuffed in the toe of running shoes. Mincey is charged with aiding in the manufacture of at least $306 million in methamphetamine cooked in Central Valley mega-labs. Wednesday, Mincey and two others in his company – Calvin Roberts, 34, of Berkeley, and Betty Lou Lewis, 49, of Alameda – were arraigned in U.S. District Court in Oakland before Magistrate Wayne D. Brazil. Nevada businessman David Conkey, who owns a medical supply company in Reno called Alpha Chemical and Science, defended Mincey Thursday, saying he was sure his colleague was innocent. “There’s no way this side of hell Terry Mincey would do anything wrong,” Conkey said. “I almost bought the company (Custom Lab Supply). This guy, for all practical purposes, I hate to say it, but he’s a nerd.” Federal authorities billed the indictment of the drug supplier as a new way to attack illegal drug production. But Conkey said there was nothing new about the prosecution of a chemical company. “This is not an isolated incident,” Conkey said. “The government has already tried to come after me. I took them to court, and the judge dismissed the charges.” Officials with the U.S. attorney’s office and the Drug Enforcement Administration could not be reached for comment. Court records indicate that about 95 percent of Custom Lab Supply’s 1996 sales were made in cash, and more than 90 percent of the cash sales involved six items: iodine, red phosphorus, Freon, hydrogen chloride gas, sodium hydroxide and 22-liter flasks and mantles. The products are all used in the manufacturing of methamphetamine.

SANDRA ANN HARRIS SPECIAL TO THE EXAMINER SF Examiner, 11/6/97, pg. A16 OAKLAND – An attorney for a chemist indicted on drug charges says his client is being used as a legal guinea pig in the U.S. government’s botched war on drugs.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CSUF CHEMIST HELD IN DRUG BUST

DRUG RECIPES ON WEB RAISE NEW FEARS

POLICE FIND $90,000 WORTH OF AN ECSTASY INGREDIENT. THE SAY JAMES LIGHTNER HAD RECIPES FOR THE DRUG AND MADE IT IN HIS CAMPUS LAB.

ARREST OF IRVINE TEENAGER TRYING TO MAKE STIMULANT INFORMATION AVAILABLE

STUART PFEIFER AND KIMBERLY KINDLY

BONNIE HAYES

The Orange County Register

Times Staff Writer

Fullerton — A Cal State Fullerton chemist who orders chemicals for more than 50 campus labs was arrested Monday after detectives found half a gallon of a chemical used to make the designer drug Ecstasy in his office. The chemical, which could have been converted into 3,000 doses of the illegal drug, was seized during an 11 a.m. raid at the Science Laboratory Center, said Gary Hudson, supervising special agent for the state Bureau of Narcotic Enforcement. The chemical, methylenedioxyamphetamine, had a street value of $90,000, Hudson said. James Lightner, a California State University, Fullerton, employee since 1991, was booked into Orange County jail on suspicion of manufacturing narcotics. He was held in lieu of $100,000 bail. Detectives found recipes for the drug – including one that appeared to have been gleaned from the Internet – during a search of Lightner’s Riverside home, Hudson said. Lightner, 42, allegedly manufactured the drug in his office laboratory, Hudson said. The university will place Lightner on administrative leave if he returns to work while his case is pending, university spokeswoman Judy Mandel said. If convicted of felony charges, Lightner would be fired, she said. The Orange County Laboratory Response Team, acting on a tip, followed Lightner around the clock for five days before making the arrest, Hudson said. The team found no evidence that Lightner had sold any drugs. Lightner supervised student interns; none of them is suspected of criminal activity, Hudson said. Detectives do not believe Lightner has a criminal record. He is expected to be arraigned Wednesday, Hudson said.

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HAS OFFICIALS WORRIED ABOUT THE AMOUNT OF

Irvine — The arrest of an Irvine teenager who told police she was “cooking” up drugs using a recipe taken off the Internet has Orange County officials worrying that the incident could signal the start of a new trend in experimental drug use among youths. The 16-year-old told detectives after her arrest last week that she had been trying to master a recipe for making “methcathinone,” commonly called “cat,” an illegal stimulant similar to methamphetamine that has been furiously popular in the Midwest in recent years but rarely seen in California. The teen, whose name is not being released because of her age, said the detailed, step-by-step instructions came from the Internet. But police suspect the handwritten recipe found in her backpack indicates she might have had help from others, who were aware of the need to conceal the project from law enforcement. The recipe was accompanied by a note that said: “To you, from me … by the way, burn this synthesis after you memorize it. The [Drug Enforcement Administration] ain’t the best visitors in Irvine.” The incident – which comes on the heels of others involving youths who have tangled with danger while toying around with the Internet – raises new concerns about the amount of information that can be accessed at the tap of a keyboard. “Anyone, anyone can find more than they want, or need to know, about this and other drugs so fast, it will make your head spin,” said Irma Allison, a teen drug counselor in Chicago who has witnessed the infestation of methcathinone in area schools since 1993. “Do you want your kid reading the diaries of drug addicts who make their weeklong highs sound like a fantasy vacation? Do you want your kid seeing ‘advice pages’ to help them correct a bad batch of dope? Or where to shop for the ingredients?” Allison attributes the drug addictions of many of her young patients to what she calls an “overload” of information available on home computers. Without even going out, teenagers are getting into trouble, she said. But the potential danger isn’t limited to drug use. When a 14-year-old Rochester, N.Y., girl ran away from home last year to meet a 22-year-old man she met through an online chat room, officials there started encouraging parents to keep better tabs on their children’s computer use.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “It’s been said that [the Internet] is a city,” said Capt. Maureen Chisholm of the Monroe County Sheriff’s Department in New York. “Would you allow your children to go into the city without parental guidance and consent?” Narcotics officials said they are startled by the volume of information waiting to be downloaded about methcathinone, which debuted in Michigan six years ago. No fewer than 25 Internet sites are devoted to the drug, including how to make it, enhance its “high” and reduce the costs of certain ingredients. In one Internet recipe for methcathinone, the author acknowledges that he hasn’t tried the method and leads the meticulous instructions with this suggestion: “If your kitchen doesn’t explode, lemme know.” While the “cat lab” in Irvine last wee was the first in Orange County since 1994, officials said they fear seeing more of the same as the drug’s popularity rises. The easy-to-get ingredients – which include over-the-counter decongestants and skull-and-crossbones chemicals like drain cleaner, paint thinners and concrete cleaners – make manufacturing methcathinone appealing, officials said. “The can do it cheap and sell if for about $100 a gram,” said Special Agent Gary Hudson, a supervisor for the state’s Bureau

of Narcotics. “But they do it at a risk. It’s extremely dangerous to fool around with.” The 16-year-old’s uncle, however, said his niece is a bright student who was probably “just stirring things up” rather than launching a serious drug manufacturing lab. He called police only after noticing an odd smell in the house but failing to get an explanation from her about what it was, he said. “She was just experimenting, I am sure of it,” her uncle, who spoke on the condition that his name not be used. “She is not a druggie person. She is curious.” But police said the girl’s supplies appeared to have the beginnings of a potentially lucrative drug lab, including recipes for other drugs as well. She had already thrown away at least two failed batches of methcathinone before her arrest Friday, officials said. “This was not just glasses out of the cupboard,” Irvine Police Lt. Tom Hume said. “We’re very concerned about this.” The girl, who was arrested on suspicion of manufacturing a controlled substance, was released from Juvenile Hall to her parents, Hume said. She had been living at her uncle’s house when she was arrested.

NOMINATIONS FOR OFFICER NEEDED There will be three positions on the CLIC Board of Directors open for elections in September 1998. If you would like to run for one of these offices or if you would like to nominate someone to run for office, please contact Pam Johnson at (573) 651-2221. She will be happy to ask those nominated if they would be a candidate for the various offices.

POSITIONS TO BE FILLED: Vice-President:

This office requires a three-year commitment serving as Vice-President the first year, President the following year and Past President the final year.

Membership Secretary: This office is also a three-year term, whose duties include processing membership applications, updating current membership lists with changes of employment and address, generating dues notices, receiving dues, recording them and forwarding them on to the Treasurer. The Membership Secretary is also responsible for making sure there are candidates for election each year. Member At Large:

This office serves a two-year term of service on the CLIC Board.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

METHCATHINONE SYNTHESES INFORMATION POSTED TO ALT.DRUGS.CHEMISTRY NEWSGROUP Subject:

** Methcathinone (cat) Synthesis Instructions ** (addendum to FAQ) Date: 23 Oct 1997 04:08:15 GMT From: [email protected] (FREEDOM OF PRESS) Organization: FREEDOM Newsgroups: alt.drugs, rec.drugs.chemistry, alt.tv.mtv, ca.general, la.general Methcathinone (“Cat”) / Ephedrone (“Jeff”). =================== Initially reported as a street drug in the former USSR as ephedrone [1]. Reports of the use of “Jeff” leading to “numerous” overdose deaths were, it seems, covered up by the former Russian authorities. It has been banned in the USA after several labs were seized in Michigan. It was sold as “Cat”, presumably named after the African shrub Khat (catha edulis), which contains cathinone [2]. Methcathinone is related to cathinone as methamphetamine is related to amphetamine, i.e. by N-methyl substitution. Reliable reports of effects in humans are not known to me. A recent short letter [4] in the Journal of the American Medical Association seems to me to simply to repeat assertions made in the American popular press. In the letter, it is said that users describe “Cat” as better than cocaine and meth. “Typical” doses are described as 0.51g and the effects described as lasting six days. This seems to me to be unlikely. What has been reported may well be equivalent to high dose, methamphetamine abuse on the “speed freak” pattern and is probably *not* typical. Animal studies [2] suggest methcathinone has ED50 of 1.9uM/kg (0.39mg/ kg) , when compared to cocaine’s 7.6uM/kg (2.6 mg/kg). This would make it *more* potent than cocaine by six times in the rat and suggests the human figure of ten times cocaine potency in the human reported on USENET as been given on Belgium television is not unrealistic. Indeed, this would put it in the same range as methamphetamine, which it may well closely resemble. Personal communication suggests it may well be simply equivalent to methamphetamine. The bottom line may well be that most CNS stimulants are the same, whether they be cocaine, methamphetamine, amphetamine, 4-methylaminorex or methcathinone. Differing the route of administration is likely to have more effect. Smoking or injecting such drugs leads to rapid build-up of the drug in the blood stream and an intense “rush”. This route is more dangerous from a toxicologic point of view and likely to lead to compulsive use. Occasional oral use in social situations is likely to be the least harmful. Some people may find CNS stimulants psychologically addictive. Synthesis [1] A 2000-mL Erlenmeyer flask, equipped with a magnetic stirring bar, was charged with methylene chloride (200 mL), acetic acid (10 mL) water (100 mL), potassium permanganate (2g) and ephedrine hydrochloride (2g). The solution was stirred at room temperature for 30 min. This was followed by the addition of sufficient sodium hydrogen sulfite to reduce the precipitated manganese dioxide. The aqueous phase was made basic with 5N sodium hydroxide (NaOH) and the methylene chloride was separated. The organic layer was extracted with 0.5N sulfuric acid (H2SO4). Isolation of the acid layer followed by basification with sodium bicarbonate and extraction with methylene chloride (50 mL, three times), removed the product into the organic phase. The solvent was concentrated by rotary evaporation, followed by column chromatography through neutral alumina with methylene chloride. Solvent removal through rotary evaporation produced a colorless liquid which was disolved in hexane. Gaseous hydrochloric acid was bubbled into the hexane to precipitate the amine hydrochloride to produce a 1g (50%) yield of 2-methylamino-1-phenylpropan-1-one hydrochloride. Ephedrone, like methamphetamine, processes one asymmetric center. Depending upon the synthetic precursor, l-ephedrine (1R,2S) or dpseudoephedrine (1S,2R), the product expected would be d-ephedrone (2S) or l-ephedrone (2R), respectively. However, depending on the heat of the reaction or harsh extraction conditions the enolizable ketone will result in a racemic d,l-ephedrone. Synthesis [3] A solution composed of 0.99g of sodium dichromate and 133g of concentrated sulfuric acid dissolved in 4.46 cc of water is added slowly with stirring to 1.65g of l-ephedrine dissolved in 4.7 cc of water and 0.55 cc of concentrated sulfuric acid at room temperature. The mixture is stirred at room temperature for an additional 4 to 6 hours and then made alkaline with sodium hydroxide soloution. the aqueous mixture is extracted with two volumes of chloroform and then with two volumes of ether. The organic extracts containing the free base of 1-a-methylaminoprophenone are combined, treated with an excess of dry hydrogen chloride and the solvents evaporated. The residual 1a-methylaminopropiophenone hydrochloride is stirred with petroleum

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ether, collected and purified by dissolving in ethanol and reprecipitating with ether. m.p. 182-184°C. (1) Zingel, K.Y., Dovensky, W., Crossman, A. and Allen, A., “Ephedrone: 2-Methylamino-1-Phenylpropane-1-One (Jeff),” Journal of Forensic Sciences, v. 36, No.3, May 1991, pp.915-920 (2) Young, R. and R.A. Glennon. “Cocaine-Stimulus Generalization to Two New Designer Drugs: Methcathinone and 4-Methylaminorex” Pharmacol. Biochem. Behav. 45(1) 229-231, 1993 (3) Glennon, R.A., Yousif, M., Kalix, P. “Methcathinone: A new and potent amphetamine-like agent.” Pharmacol. Biochem. Behav. 26:5475451, 1987. (3) British Patent, 768,772 (1954). (4) Goldstone, M.S., “Cat - Methcathinone - A New Drug of Abuse” Journal of the American Medical Association v269 no 19 p2508 (letter) 1993 ————————————————————— To find out more about the anon service, send mail to [email protected]. Due to the double-blind, any mail replies to this message will be anonymized, and an anonymous id will be allocated automatically. You have been warned. Please report any problems, inappropriate use etc. to [email protected]. ====================== From: [email protected] (cooper) Newsgroups: alt.drugs Subject: Re: Ephedrine Derivatives Date: 10 Oct 1993 14:12:39 +0100 Message-ID: [email protected] (Steve Dyer) writes: >In article [email protected] (Philip G. Potter) writes: > >It is supposedly easy to make, using Ephedrine Hydrochloride (over the > >counter stimulant) and other household chemicals. Do anyone have any > >information on this. >You’ve got to be kidding. You’d need a chemistry lab. Well, a chemistry lab and some knowledge _might_ help, but hey, if you wanna give it a shot, Here’s howto: (well, at the end of this post, that is! Oh this is the end huh?? Ok, here goes: I’ve never tried this synthesis, and I can’t be sure baout anything. However, if your kitchen does not explode, and you have a good time anyway, lemme know. Methcathinone Preparing the ephedrine/pseudoephedrine solution: Method A: Add enough water to completely dissolve pure ephedrine or pseudoephedrine. Method B: Wash sudaphed tablets in cold water until most (it’s impossible to get all of it) of the red coating is gone. Put the tablets in hot water, heat them to boiling, and stir until the tablets have completely dissolved. Filter off the liquid. The amount of water the (pseudo-)ephedrine [I’ll call it ephedrine from now on for simplicity] is dissolved in is not too important - it should be as little as possible, but at least as much as the amount of sulfuric acid that is added later (to insure to that the potassium dichromate dissolves). To this aqueous mixture add 0.62 grams of potassium dichromate for every gram of ephedrine in the solution. If you used sudaphed tablets, figure by the theoretical amount in solution (number of tablets X content of each tablet). Slowly add 3ml Sulfuric for each gram ephedrine, stirring as you add it. Let react for 30-60 minutes. The color should go from a bright red/ orange to a dark color (a mixture of green and orange from the two ionization states of the chromium). Basify the solution with concentrated sodium hydroxide solution until you see the solution become a bright green (green with a white precipitate - the methcathinone). This happens above pH 8. Try not to add too much hydroxide (if you do the solution becomes black and there is probably some decomposition of the methcathinone). Extract 3-4 times with naptha (add the naptha, shake it up, pour off as much naptha as you can - but DON’T get ANY reaction mixture in the extracts!). Use as much naptha as would equal about 50-100 percent of the reaction mixture. Quickly add the extracts to 25ml of hydrochloric acid, diluted 1 part 36% HCl to 4-5 parts water. Shake the mixture, extract off the aqueous (lower) portion. This is an acid solution of the

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION methcathinone. [you may want to extract a second time with HCl to get a slightly higher yield, a 3rd time adds nothing.] Evaporate the mixture under low to medium heat (preferably under a vacuum) until it becomes thick. Add acetone and stir it a little. if the mixture doesn’t become white (crystalline) right away, it hasn’t been evaporated enough. Continue evaporating and adding acetone until it does. Be careful not to burn the thick mixture (adding acetone helps keep the temperature down). After getting crystals/precipitate, cover the mixture tightly and put in a freezer for 15 minutes. Remove from the freezer, filter the crystals off and wash with a small amount of cold acetone. [If the crystals are less than white, you may want to purify them by boiling and stirring them in acetone again, cooling the mixture and refiltering as described above.] The white crystals/powder is methcathinone HCL. I wouldn’t take more than 20mg for a first dose, and I wouldn’t take it if I had a history of heart disease or stroke in the family, or if I had high blood pressure. Really, really habit forming. Very, very pleasurable. BE CAREFUL. Don’t introduce this stuff to kids or sell it or I will personally hunt you down. NOTES: This synthesis is very forgiving. Substitutions of potassium hydroxide for sodium hydroxide, sodium dichromate for potassium dichromate and similar subsitution will not have an impact. I wouldn’t substitute anything for the sulfuric acid, however. HCl is used to make the drug salt because it is so easy to evaporate the excess off. Any method of making drug salts you are familiar with should be satisfactory. Ether works a little better than naptha, but it’s more dangerous. I stay away from it. —————————————————— —Cooper ===================== Message-ID: Newsgroups: alt.drugs From: [email protected] Date: Sat, 9 Jul 1994 05:11:24 UTC Subject: Tips for CAT synthesis Through experience I have compiled the following tips for ppl wanting to do the CAT synthesis. It isn’t hard, but the posted synthesis cannot lead to good results becuase of certain ommisions. I don’t know if these were omitted deliberately as to stop non-chemists from completing it or whether the author of the original article just forgot. In any case, here are some things you should be aware of. 1) When dissolving the ephedrine don’t use ‘as little amount of water as possible’ as the instructions say. This will lead to a very thick reaction mixture. When extracting with naphta this thickness will prevent separation of layers. The naphta will stay in suspension and the naphta that does separate will not contain high amounts of CAT. This leads to unacceptably low yields. Use about 10 ml. of water per gram of dissolved ephedrine. Do not use tap-water, get de-mineralised water. Trace amounts of minerals will inhibit the reaction. 2) Add the sulphuric acid *very slowly*. If you don’t, local concentrations will get too high, causing the ephedrine to break down. Stir well while adding the H2SO4. 3) This is the most important omission: The whole reaction mixture has to be cooled while basifying it with Sodium hydroxyde. The heat developed during this stage will cause practicaly all the CAT to break down if you don’t. The best way to cool it is as follows: Place the reaction mixture in an ice-bath 10 minutes before adding the NaOH. Then, just before adding the NaOH, chuck a handfull of salt over the ice (NOT in the reaction mixture!) This will cause the temperature to drop another couple of degrees, ensuring a good cooling. 4) Use a magnetic stirring device troughout the whole procedure. 5) When extracting the CAT from the naphta with the HCl use a 20% solution in stead of the mentioned 10% (approx.) 6) When evaporating the excess amounts of water (preferably under vacuum) do not let the temperature exceed 70 degrees C. (approx 150 F.) Again, the high temperature would cause the CAT to disintegrate. :-( If you follow these additional comments, you should be able to have success! The anonymous chemist. —————— To find out more about the anon service, send mail to [email protected]. Due to the double-blind, any mail replies to this message will be anonymized, and an anonymous id will be allocated automatically. You have been warned. Please report any problems, inappropriate use etc. to [email protected]. =================== MAKING CAT (METHCATHINONE) For a more complete description of how cat is made read “Secrets of Meth- amphetamine Manufacture” (Third Edition), available from Loompanics Unlimited, PO Box 1197 Port Townsend, WA 98368 USA. Eye protection is needed and this is done in a well-ventilated area. AT LEAST a year of college chemistry lab experience is needed to realize the dangers involved here. This article is for information purposes

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only. Cat (METHCATHINONE) is made by oxidizing EPHEDRINE, while METHAMPHETAMINE is made by reducing EPHEDRINE. Cat is best made by using CHROME in the +6 oxidation state as the oxidizer. Any of the common hexavalent CHROME salts can be used as the oxidizer in this reaction. Some of these are CHROME TRIOXIDE (CrO3), SODIUM or POTASSIUM CHROMATE (Na2CrO4), and SODIUM or POTASSIUM DICHROMATE (Na2Cr2O7). All of these chemicals are very common. CHROME TRIOXIDE is used in chrome plating. First the chemist dissolves EPHEDRINE pills containing a total of 25 grams of EPHEDRINE HYDROCHLORIDE or EPHEDRINE SULFATE in distilled water. EPHEDRINE pills usually contain 25mg each of EPHEDRINE so 1000 pills would be needed. Grinding them up isn’t necessary. Let them sit overnight or shake the solution hard for a while. When they’re dissolved bring the solution to a gentle boil while constantly stirring so none of it burns. As soon as it starts boiling remove it from the heat and pour through 3 coffee filters layered together to filter out the unwanted filler crap. Usually it is necessary to hold the filters like a bag with the liquid that didn’t go through and gently squeeze to get the liquid to go through. The result is an almost totally clear liquid which is the EPHEDRINE extract in water. Throw the mush left in the filter away. The EPHEDRINE extract is poured into any convenient glass container. Next, 75 grams of any of the above mentioned CHROMIUM compounds is added. They dissolve easily to form a reddish or orange colored solution. Finally, CONCENTRATED SULFURIC ACID (it usually comes as 9698%) is carefully added. If CrO3 is being used, 21 ml is enough. If one of the CHROMATES is being used, 42 ml is needed. These chemicals are thoroughly mixed together and allowed to sit for several hours with occasional stirring. After several hours LYE solution (1 part water, 1 part LYE) is very slowly and carefully added dropwise with strong stirring until the solution is strongly basic (pH 11 or more). This strong stirring is to make sure the cat is converted to the free base. Next, TOLUENE is used to extract the cat. Usually this is done with a sep funnel (separatory funnel, which is a flask with a funnel-shaped bottom and a stopcock (valve) on the very bottom. Sep funnels are used for separating liquids by opening the valve on the bottom and letting the bottom-most layer of liquid drain out.) but a regular glass bottle should be fine but using a plastic cap wouldn’t be good. For safety, the bottle would need to be “burped” often anyway to make sure no gasses build up in it. A large eyedropper-type tool could be used to efficiently remove the cat layer. A couple hundred ml’s of TOLUENE is added and the container is strongly shaken to make sure the all of the cat free base gets into the TOLUENE layer. Shake until it resembles milk (fine suspended globules of TOLUENE within the water layer). Shake really hard, then allow it to separate. Insufficent shaking will result in poor yield with some undissolved cat base remaining in the spent sludge layer. The TOLUENE layer should be clear to pale yellow in color. The water layer should be orange mixed with green. The green may settle out as a heavy sludge. The water layer is thrown away and the TOLUENE layer is washed once with water and then poured into another container. (“Washed” here means that water is added and the mixture shaken again and separated. The cat free base stays in the TOLUENE layer because it doesn’t dissolve in water. Any remaining water-soluble impurities are dissolved into the water layer and not the TOLUENE layer and thus they’re “washed” out.) The cat free base now must be converted to cat salt (METHCATHINONE HCL). Here are 2 methods for doing this. METHOD 1 Dry HCL gas is made and bubbled through the TOLUENE solution to turn the cat free base into cat salt (METHCATHINONE HCL). A bottle is selected for holding the gas-producing mixture and a 1-hole stopper will be put in the top of the bottle. One end of a J-shaped glass tube (about 1/4 inch diameter) is pushed into the stopper. This glass tube will reach from the top of the gas-producing bottle down into the bottle holding the TOLUENE-cat mixture. It should reach the bottom of the mixture. Usually a sep funnel is used to add SULFURIC ACID to the gas-producing mixture through a second hole in the stopper to keep gas flowing. If one doesn’t have access to a sep funnel it should be possible to take the stopper out of the gas-producing bottle just long enough to add a little SULFURIC ACID when it’s needed to keep gas flowing. Place 200 grams of TABLE SALT into the gas-producing bottle. 35% CONCENTRATED HYDROCHLORIC ACID (reagent grade) is added and they are mixed into a paste. The surface of the paste should be rough with lots of holes poked into it for good gas production. About 1 ml of CONCENTRATED (96-98%) SULFURIC ACID is added to the paste. This dehydrates the HYDROCHLORIC ACID and produces HYDROGEN CHLORIDE GAS (** DO NOT BREATHE THIS GAS! **). This gas goes out of the gasproducing bottle through the glass tube and bubbles through the TOLUENE-cat solution turning cat free base into cat salt. The cat salt should appear as crystals and after a while the solution should be thick with them. The crystals are recovered by pouring through a filter. The crystals are then dried by evaporating the TOLUENE with gentle heat or under a vacuum. Voila. Pure METHCATHINONE-HCL. METHOD 2 That was the “ideal” method. The practical method is to dump the base/ solvent solution into a container, add an amount of DILUTE HCl, shake, shake, shake, measure pH, if it is greater than 7 (pH above 7 is basic), add more acid, shake, shake, shake, and check pH again. Keep

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION it up until the pH is low, staying well below 7 (pH below 7 is acidic), then remove the solvent layer and keep for reuse. Add BAKING SODA to the water layer a little at a time until it stops bubbling when more is added. Check the pH, make sure it is 7 (neutral) or higher. The water is now evaporated away on non-plastic plates or pans and the dried METHCATHINONE HCL can be scraped off with a razor blade. The METHCATHINONE HCl has a trace of SODIUM CHLORIDE (TABLE SALT) and an even smaller trace of SODIUM BICARBONATE (BAKING SODA). The BAKING SODA combines with the excess HCl to become TABLE SALT. This practical method avoids the mess of producing HCl gas. HCl is a white gas that burns your eyes and nose really badly should you breathe it. It converts upon contact with water into HYDROCHLORIC ACID, so if you don’t want HYDROCHLORIC ACID in your eyes, nose, lungs, don’t breathe it! Small amounts of TABLE SALT and BAKING SODA in the cat will go unnoticed. The ideal method can be used if a source of compressed HCl GAS is found. It is sold in lab cylinders by chem supply houses and is not watched by the DEA. Just stick on a regulator, affix the rubber hose with a glass extension for submersion in the solvent, and open the valve to expel the gas through the solvent to produce PURE cat HCl. _____________ SUMMARY Ephedrine is oxidized to produce methcathinone. The methcathinone is then converted to the free base for separation from the rest of the unwanted crap mixed with it. The free base dissolves in toluene and not in water whereas the unwanted crap dissolves in water and not in toluene. Since water and toluene separate into 2 layers the toluene layer containing the cat free base is saved and the water layer thrown out. The toluene could probably be evaporated leaving crystals of cat free base which could probably be smoked but I haven’t heard of anyone smoking it nor have I heard of its effects on the human body. The cat free base is converted to cat salt using dilute hydrochloric acid or anhydrous HCL gas. Cat salt is soluble in water and not in toluene, just the opposite of the free base. Using HCL gas the salt produced has no water layer to dissolve in so it crystalizes out. Using dilute HCL the salt leaves the toluene layer as before but has a water layer (the water diluting the HCL) to dissolve in. This water layer is saved and the water evaporated, leaving methcathinone-HCL. Sources of items: EPHEDRINE pills- Sadly, GNC (General Nutrition Centers) corporate stores no longer carry “Revive” (ephedrine-HCL pills). The franchise stores are selling what they have left in stock and will no longer carry the straight ephedrine pills. They will only carry the crap with guaifenesin added. It looks like mail order will be the only possible source. Anybody ordering through the mail will probably have their name and address recorded and possibly sent to the DEA. TOLUENE- Available at most hardware stores. One brand is called “Toluol” from Parks. TOLUENE is also called METHYLBENZENE. LYE- Available at most hardware stores. Even Safeway has it. One brand is “Red Devil Lye” which is used to unclog grease clogs in drains. CONCENTRATED HCL and CONCENTRATED SULFURIC ACID are pretty cheap. When bought in 2-liter bottles (reagent grade) they’re about $20 each. HCl, also called MURIATIC ACID, is available as a concrete cleaner in most lumber yards. Also used to adjust pH in swimming pools. H2SO4, aka Battery Electrolyte, obtainable in quart to 5-gallon size containers from automotive supply houses. This is a dilute acid which must be concentrated by pouring into large pyrex containers and boiling the water off for many minutes. It has reached the point of 98% concentration when the liquid stops boiling and starts fuming off with the release of white clouds of gas (SO3, SULFUR TRIOXIDE). Bottle while still hot as conc. H2SO4 is hygroscopic (it sucks water out of the air and becomes dilute again). DO NOT BREATHE SO3 GAS! It eats out your lungs, just as HCl GAS does. CHROMIUM TRIOXIDE (CHROMIC OXIDE) (CrO3)- Very common oxidizer. Comes in powder form. Less than $20 for 100 grams. Since it can be recycled, someone would never have to purchase large quantities of it. Enough to use as a reagent and a supply to supplement the losses incured during use would be enough. Glass tubing- About $2 per tube (1/4 inch) at chemistry supply outlets. Bent into different forms slowly and carefully while heating with blow torch. Glass tubing also used in salt water aquariums. Also for neon signs. Many sources for glass tubing from veterinary to dairy, from industrial to hobby. Easy to find if you know how to look. ________________ CREDITS “Secrets of Methamphetamine Manufacture” by Uncle Fester was used as a reference. Information about it is in the beginning of this article. Technical assistance was provided by Steve J. Quest. ================ Message-ID: Newsgroups: alt.drugs From: [email protected] Date: Wed, 31 May 1995 12:37:03 UTC Subject: CAT synth help I’m looking for some help with the cat synth posted on hyperreal. I followed the cat procedure on hyperreal and when I bubbled hcl through

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the mix the first time I got white paste that on further drying on a glass plate turned to a yellow orange oil. Still works great but not as pretty. I think it is the heat. The second and third attempt at bubbling hcl through the mix all I got was a milky naptha(I’m using naptha instead of acetone) Precipitating the cat has been more succesful for me but the mix never gets cloudy. I just continue washing out with naptha until I dry it. Im no chemist but I follow direction well. However besides the above My yeild is way down. The first few times I used 1000 30mg pseudoephedrine HCL pills and only ended up with about 3.5 grams of cat. Yeild has gotten worse with each attempt. Anyone who has tried this care to critique my methods 1. 1000 pseudoephedrine HCL pills (30mg) disolved in 300ml water. Bring to a boil,and let settle. Filter off some of the water leaving paste behind. 2. Add more water and repeat step 1. Filter off top and add to already filtered material until the paste has no bitter taste to it.. I end up with about 800ml of water. I don’t let the temp pass 50c so I don’t really boil the mix. 2.Add 20 grams potassium dichromate. stirring constantly. This was hard to come by and unless I mail order it looks like I won’t be able to get any more of this. Someone mentioned photo supply but several calls in the bostonarea left me wondering if it is used for photography at all. None of the people I talked to had it on thier list. 3.Slowly add concentrated sulfuric acid. One method calls for 3ml per gram pseudoephedrine HCL (90ml) another method says 42ml I have tried both. I add this slow enough to keep the mix temp below 50C. 4.leave this for several hours constantly stirring. It gets very hot from the reaction. 5.Put container in ice bath and while stirring slowly add lye until strongly basic (ph 11) stir this for 1 hour. 6.add naptha to the mixture in the sep funnel and shake until my arms hurt ~2 minutes. Let settle and syphon off naptha. repeat 4 times. 7.Put naptha in a sep funnel with 200 ml water and shake. Let settle and pour off water. 8. bubble hcl gas through the naptha and filter crystals. I make my own gas. 00g salt +30%hcl in a wide bottom flask. Slowly drip sulfuric acid into mix. If i use muriatic acid for this I get many bubbles in the mix that would eventually bubble into naptha/cat mix if not careful. reagent grade hcl (harder to get) doesn’t do this? The first time I did the naptha clouded up and then crystals began to appear Quite beautiful to watch. I used my vacuum settup to separate crystals and then set crystals on glass plate to dry. They changed from white paste to yellow/amber in color and seemed to evaporate to less than half a gram. My second and third attempt was even less encouraging. All I got was milky colored naptha with no precipate. That was another reason I thought heat was destroying the cat but last night keeping the to 50c or below all I got was a cloudy mix and after several minutes of bubbling hcl gas through it there was no precipitate. Very frustrating. Early attempts at this step I put the naptha/cat mix in a sep funnel, added 30%hcl and shook till my arms hurt. Pour off the water/hcl and evaporate under low heat.The instructions said to wait until it got milky, put in freezer for 15 minutes, then filter off crystals and wash with naptha. This was very difficult and time consuming. The mix never got milky and after eventualy evaporating all the liquid I ended up with a dark colored paste that would stay hard under heat but as soon as I removed it it became a sticky paste again. From what I have read, (I have noone to discuss this with) sulfuric acid will absorb the moisture in the air so I thought prehaps there was still hcl in the mix and it was absorbing moisture from the air. I’m only guessing. I would have thought the hcl would have evaporated with the water/ naptha mix leaving only the cat. I have talked to two other people on the net but neither do more than ask questions or agree with my methods. I must be missing something as my yeild is so low and my results have been poor. Also the cat high is really great. I don’t know how much I do. two small lines every so often until I start to buzz. When I do hit it though it is a nice buzz. The cat did not give me a rush. I felt powerful, strong, euphoric over the beauty of life. My mind could focus very well and seemed to be able to connect abstract thought into coherent patterns. I am learning the guitar in my spare time and under the influence of the cat I wrote several songs. Sitting playing my guitar a melody would just leap from my fingers and the words would pour out as if I were reading it from a script. Nothing profound but enjoyable emotional music pouring out of me faster than I could write it down... or was that the mushrooms Im growing... Too much and my heart hits the hyway at well over 100bpm. Not to pleasant. So the million dollar questions is what am I doing wrong? ———————— To find out more about the anon service, send mail to [email protected]. If you reply to this message, your message WILL be *automatically* anonymized and you are allocated an anon id. Read the help file to prevent this. Please report any problems, inappropriate use etc. to [email protected]. ============ Newsgroups: alt.drugs From: [email protected] (Ralph Moonen)

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VOLUME 8 NUMBER 1 — JANUARY 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Subject: Re: CAT synth help Message-ID: Date: Wed, 31 May 1995 13:41:26 GMT

> One method calls for 3ml per gram pseudoephedrine HCL (90ml) > another method says 42ml

[email protected] writes: >1. 1000 pseudoephedrine HCL pills (30mg) disolved in 300ml water. Bring to a >boil,and let settle. Filter off some of the water leaving paste behind. Boiling will decompose some of the ephedrine. Don’t let it boil. will dissolve just fine, it just takes alittle longer.

42 ml is WAY OVER THERE!!! stick to 3, if it’s concentrated. Else add more. It’s not critical, except you should go below Ph 3. (approx.) Too acidic an environment will decompose your ephedrine and cat. >5.Put container in ice bath and while stirring slowly add lye until strongly >basic (ph 11) stir this for 1 hour.

It

>3.Slowly add concentrated sulfuric acid.

Nope. Add lye untill mixture turns brright grrreen. This happens at around Ph = 8. Adding more lye will do nothing, except make the next step more difficult. —Ralph

RECENT COURT OF APPEALS RULINGS UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DANIEL W. BLAKE, Defendant-Appellant. No. 96-3627 In the United States Court of Appeals for the Seventh Circuit Appeal from the United States District Court for the Western District of Wisconsin. No. 96-CR-007-C Hon. Barbara B. Crabb, Judge. ARGUED JUNE 10, 1997—DECIDED JULY 3, 1997 Before CUDAHY, COFFEY, and EASTERBROOK, Circuit Judges. EASTERBROOK, Circuit Judge. Armed with a warrant, police searched Daniel Blake’s home and found more than 40 grams of a methamphetamine mixture packaged for distribution. His stock in trade was tested and found to be 79 percent drug and 21 percent cut. Blake therefore possessed more than 10 grams of methamphetamine, but less than 100 grams of a methamphetamine mixture. This leads to his principal argument on appeal: that he does not qualify for the five-year minimum sentence applicable to anyone who possesses “10 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 100 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers”. 21 U.S.C. sec. 841(b)(1)(B)(viii). Blake contends that he did not possess more than 10 grams of methamphetamine because that drug was mixed with inert substances—but not enough of them to yield more than 100 grams of mixture. The district court concluded that the minimum sentence applies if the amount of active drug used to create the mixture exceeds 10 grams and sentenced Blake to five years’ imprisonment.

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Blake contends that only methamphetamine that is “pure” in the hands of the distributor counts as “methamphetamine, its salts, isomers, and salts of its isomers” for purposes of the statute. Four courts of appeals have rejected this contention, whether made directly or rephrased as a contention that the statute is ambiguous enough to activate the Rule of Lenity. United States v. Stoner, 927 F.2d 45 (1st Cir. 1991); United States v. Rusher, 966 F.2d 868, 879-80 (4th Cir. 1992); United States v. Alfeche, 942 F.2d 697 (9th Cir. 1991); United States v. Frazier, 28 F.3d 99 (11th Cir. 1994). Our decision in United States v. Turner, 93 F.3d 276, 287 (7th Cir. 1996), does likewise for the term “methamphetamine (actual)” in the Sentencing Guidelines. See U.S.S.G. sec. 2D1.1(c). Turner observed that the interpretive task is easy, given note B to the guidelines’ controlled substances table: “The terms ‘PCP (actual)’ and ‘Methamphetamine (actual)’ refer to the weight of the controlled substance, itself, contained in the mixture or substance. For example, a mixture weighing 10 grams containing PCP at 50 percent purity contains 5 grams of PCP (actual).” The statute lacks such a trot. But its import is equally apparent, and we agree with the other courts of appeals that the same method should be used under both the statute and the guidelines. Although Blake finds the statute ambiguous, predecessors in the drug business have found it clear—so clear that they argued to the Supreme Court that the “mixture or substance” branch is ambiguous, and that the Rule of Lenity requires a court to determine the amount of drug in the mixture and use only that as the basis of sentencing. Chapman v. United States, 500 U.S. 453 (1991), rejects that argument for LSD, in part because sec. 841(b)(1)(B)(iv) and (viii) show that the pure-equivalent amount method is proper only for methamphetamine and PCP. With respect to various drugs, including heroin, cocaine, and LSD, [sec. 841] provides for mandatory minimum sentences for crimes involving certain weights of a “mixture or substance containing a detectable amount” of the drugs. With respect to other drugs, however, namely phencyclidine (PCP) or

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION methamphetamine, it provides for a mandatory minimum sentence based either on the weight of a mixture or substance containing a detectable amount of the drug, or on lower weights of pure PCP or methamphetamine. . . . Thus, with respect to these two drugs, Congress clearly distinguished between the pure drug and a “mixture or substance containing a detectable amount of” the pure drug. . . . Congress knew how to indicate that the weight of the pure drug was to be used to determine the sentence, and did not make that distinction with respect to LSD. 500 U.S. at 459 (emphasis in original). As the Court explained in Neal v. United States, 116 S. Ct. 763, 766 (1996), when originally enacted sec. 841 used the pureequivalent-amount approach for all drugs. This left penalties unchanged when dealers cut the drugs to the lower purity used for retail distribution, and Congress amended the law in 1986 so that for most drugs the mixture-or-substance approach replaced the pure-equivalent-amount approach. With respect to PCP and methamphetamine, however, the mixture-or-substance approach supplemented rather than superseded the original approach. For these two drugs alone, there is one threshold for pure equivalent amounts, and a higher one for mixtures. Neither the statute nor its history provides any warrant for now discarding the pureequivalent-amount approach and insisting that the drug be pure to be treated as “methamphetamine.” If Blake were right, then a distributor whose inventory is 99 grams of 99 percent methamphetamine would not face a minimum sentence, while a distributor holding 10 grams of 100 percent methamphetamine would go to jail for at least five years. See Stoner, 927 F.2d at 46. Chapman and Neal show that anomalies are bound to occur under a mixture or substance approach, because of the great differences in the purity of streetlevel drugs. These anomalies had to be accepted because of the way the statute treats LSD and most other drugs; they do not have to be accepted for PCP and methamphetamine, and should not willfully be introduced by the courts. Especially not when the concept of “pure methamphetamine” is itself problematic. Under Blake’s view, a dealer could avoid the mandatory minimum penalties by dropping one crystal of sugar into 99 grams of otherwise-pure drug. Given the ability of gas chromatography to detect even the smallest impurities in a sample, we doubt that any substance will test as “pure”; there are bound to be a few stray atoms. (Methamphetamine is an amine derivative of amphetamine, C10H15N, in the form of its crystalline hydrochloride. An amine is a variant of ammonia, NH3, in which one or more hydrogen atoms is replaced by a hydrocarbon radical. Any element other than carbon, hydrogen, chlorine, or nitrogen then must be an “impurity” in methamphetamine. Oxygen, which reacts strongly with hydrogen, is one unavoidable contaminant.) So we reject Blake’s argument. As a practical matter, this means that the higher thresholds for mixtures will matter only when the PCP or methamphetamine mixture contains less than 10 percent active ingredient. Blake’s mixture was much more potent, and the total amount of methamphetamine present in the mixture crossed the line for a five-year mandatory minimum sentence.

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Blake has one other string to his bow, but it is a broken string. A first offender, he asked the judge to depart from the statutory sentence under the safety-valve provision, see 18 U.S.C. sec. 3353(e). The judge found that Blake had not been forthcoming when debriefed. He professed to have forgotten the name, phone number, address, and description of everyone he had ever dealt with in the drug business. The judge dryly remarked: “I find that hard to believe.” Blake’s current audience is no more credulous. AFFIRMED ============================= United States Court of Appeals Tenth Circuit MAY 12 1997 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RON GILLIS, Defendant-Appellant. Nos. 96-8003 & 96-8030 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING (D.C. No. 89-CR-105-J) Submitted on the briefs: David D. Freudenthal, United States Attorney, David A. Kubichek, Assistant United States Attorney, Casper, Wyoming, for Plaintiff-Appellee. Ron Gillis, pro se. Before BALDOCK, EBEL, and LUCERO, Circuit Judges. BALDOCK, Circuit Judge. In appeal No. 96-8003, defendant appeals the district court’s denial of his “Motion to Correct Illegal Sentence and for Resentencing,” filed pursuant to 28 U.S.C. 2255, and in appeal No. 96-8030, defendant appeals the district court’s denial of his subsequent “Motion to Set Aside Order Denying Relief.” We exercise jurisdiction (1) under 28 U.S.C. § 1291 and affirm.(2) In 1990, defendant was found guilty after a jury trial of conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846, and of possessing a firearm during or in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924. The court sentenced defendant to sixty months’ confinement on each count, to run consecutively. In accordance with the presentence report, the court calculated defendant’s sentence on the drug

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION count based on the assumption that the offense involved D-methamphetamine. Defendant now challenges his sentence on the drug conspiracy on the ground that the government failed to establish that the methamphetamine involved in the conspiracy was, in fact, D-methamphetamine.(3) Defendant contends that his trial counsel’s failure to require the government to prove the type of methamphetamine involved in the conspiracy constituted ineffective assistance of counsel. The drug methamphetamine exists in two isomeric forms, and the two isomers have profoundly different effects. The isomer levo-methamphetamine (“L-methamphetamine”) produces little or no physiological effect when ingested. Dextromethamphetamine (“D-methamphetamine”), however, produces the high desired by the drug’s users. The Sentencing Guidelines therefore treat L-methamphetamine much less severely than D-methamphetamine. One gram of L-methamphetamine is equivalent to 40 grams of marijuana, while one gram of D-methamphetamine is equivalent to ten kilograms of marijuana. A defendant’s sentence thus varies significantly depending on which variety of methamphetamine is involved. United States v. Dudden, 65 F.3d 1461, 1470 (9th Cir. 1995) (quotations and citations omitted). The government bears the burden at sentencing of proving by a preponderance of the evidence the type of methamphetamine involved in the offense of conviction. See United States v. Glover, 97 F.3d 1345, 1347 (10th Cir. 1996). Here, the government did not present any evidence at sentencing as to the type of methamphetamine involved. Defendant’s counsel raised no objection to this failure of proof, however, because she was unaware of the sentencing distinction between the two types of methamphetamine, as were, she avers, “nearly all members of the Wyoming bar who practice regularly in the criminal courts, state and federal, in the State of Wyoming.” Supp. R., Vol. II, Doc. 253, Ex. K, at 2 (Affidavit of Maren Kay Felde, Esq.). In a similar case, we recently held that a defense counsel’s failure to require the government to meet its burden of proof as to the type of methamphetamine involved in a drug offense constitutes ineffective assistance of counsel. See Glover, 97 F.3d at 1349-50. We further held that, because ineffective assistance claims are properly left to collateral proceedings, the defendant’s failure to raise the sentencing challenge on appeal did not prevent him from raising it in his first § 2255 motion. Id. at 1349. Therefore, contrary to the government’s assertion here, defendant’s present challenge to his sentence, raised through a claim for ineffective assistance of counsel, is not untimely. In Glover, the district court had never considered the type of methamphetamine involved in the offenses at issue, either at sentencing or in the § 2255 proceedings. 97 F.3d at 1350. Therefore, we remanded the action to thedistrict court to determine, if it could, the type of methamphetamine involved in the defendant’s offenses. Id. Here, however, both the government and defendant presented evidence in the § 2255 proceedings concerning the type of methamphetamine involved in the conspiracy. In its order

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denying § 2255 relief, the district court found that the preponderance of this evidence established that the methamphetamine involved in the conspiracy was D-methamphetamine. “We review a district court’s factual finding that a specific isomer of methamphetamine was involved in criminal activity for clear error. We will not reverse a district court’s finding unless it was without factual support in the record, or we are left with the definite and firm conviction that a mistake has been made after reviewing all of the evidence.” United States v. Lande, 40 F.3d 329, 330 (10th Cir. 1994) (citations omitted). In this “no dope” case, the government did not seize or test any of the methamphetamine that defendant was convicted of conspiring to distribute. Nor did the government discover the laboratory where the drug was manufactured. Even when “no direct evidence of the drug’s chemical composition or the method of its manufacture is available, [however,] circumstantial evidence may be sufficient to determine which isomer is involved.” Dudden, 65 F.3d at 1471; see also Lande, 40 F.3d at 331 (relying on circumstantial evidence to uphold finding that drug involved was D-methamphetamine). In support of its position that the isomer involved here was more likely than not D-methamphetamine, the government relies on affidavits from two DEA senior forensic chemists, Roger A. Ely and Harry F. Skinner, as well as the trial testimony of defendant’s co-conspirators, Cindy Hanneman and Marvin Aeschbacher concerning the potency of the methamphetamine being distributed. The affidavits of the DEA chemists stated that, in their many years of seizing clandestine drug labs, they had never encountered any clandestine labs manufacturing pure L-methamphetamine. Both affidavits reflected that, while it is possible to manufacture pure L-methamphetamine, a clandestine lab would not be likely to manufacture it, except by mistake, given that L-methamphetamine has little, if any, stimulating properties.(4) The trial testimony of defendant’s co-conspirators indicated that the methamphetamine being distributed by the conspirators was quite potent. Cindy Hanneman testified that the methamphetamine she ingested was better than anything she had previously ingested. Marvin Aeschbacher, who admitted that he was heavily addicted to methamphetamine, testified that the methamphetamine he ingested was more powerful than that which he had previously taken. In Lande, we had before us affidavits by the DEA chemists Ely and Skinner that appear to be identical to those before us here. We concluded that these affidavits, together with testimony from a co-defendant that the drug being distributed was very potent, were sufficient to establish that the methamphetamine involved in the offense was, more likely than not, D-methamphetamine. Lande, 40 F.3d at 330-31. But see Dudden, 65 F.3d at 1471 (holding that these same affidavits of Ely and Skinner, without more, were not sufficient to sustain government’s burden of proof). Defendant contends that the present case is distinguishable from Lande, however, because he presented evidence that undercut the veracity of the affidavits of Ely and Skinner, and because the

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION testimony of Hanneman and Aeschbacher did not establish that the methamphetamine being distributed here was as potent as that involved in Lande, which allegedly kept the co-defendant awake for several days. The evidence defendant produced in the § 2255 proceedings reflected that in 1988, when defendant committed the offense at issue, the DEA was not routinely testing methamphetamine samples for specific isomers; the DEA was routinely testing only for the presence of some type of methamphetamine or precursor chemical. Defendant also presented an affidavit from a chemist discussing what testing methods must be used to determine the isomer of a methamphetamine sample, and stating that he could not verify the scientific accuracy of Ely’s and Skinner’s opinions without knowing what testing methods they used in analyzing methamphetamine samples. Contrary to defendant’s contention, however, his evidence did not so undermine the reliability of Skinner’s and Ely’s affidavits as to make them inadmissible for sentencing purposes under U.S.S.G. § 6A1.3(a).(5) First, a review of the Ely and Skinner affidavits shows that their opinions were not based so much on their experience in testing methamphetamine samples submitted to the DEA for specific isomers, as on their experience in investigating the manufacturing methods used in clandestine labs. The Skinner and Ely affidavits stated that two manufacturing methods predominate in clandestine labs: the P2P method, which uses phenyl-2-propanone and methylamine as precursor chemicals; and the HI/red P method, which involves the reduction of ephedrine with hydriodic acid and red phorphorus. The P2P method produces racemic methamphetamine, which has equal quantities of both the D- and the L-methamphetamine isomers. The HI/ red P method produces either pure D-methamphetamine or pure L-methamphetamine, depending on the iosmer of ephedrine used in the process: if L-ephedrine is used, then D-methamphetamine results; if D-ephedrine is used, then L-methamphetamine results. Both Ely and Skinner stated that, in their experience, D-ephedrine was not commonly available, and that companies supplying chemicals to clandestine labs stocked only L-ephedrine. Second, some of the evidence defendant presented tended to bolster, rather than undercut, the veracity and reliability of the Ely and Skinner affidavits. For instance, defendant presented an article from a scientific journal that Skinner wrote in 1989, which stated that the HI/red P method was the most common method of manufacturing methamphetamine used in clandestine labs in the United States. Defendant himself argued that, because this article appeared in a scientific publication, it was “subject to peer review from persons very familiar with chemicals and chemistry. Mr. Skinner was thus held to scientific parameters and his conclusions could not be given to unsupported statements . . . .” Supp. R., Vol. II, Doc. 253 at 13. Defendant also presented an affidavit from a paralegal at the federal prison, who stated that his in-depth conversations with over one hundred people involved with the manufacture of methamphetamine in clandestine labs

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reflected that “the majority of these manufacturers utilized the ephedrine/hydriodic acid/red phosphorus method.” Id., Ex. J, at 1-2. Based upon our review of the record, we conclude that the district court did not commit clear error in finding that the methamphetamine involved in the conspiracy for which defendant was convicted and sentenced was, more likely than not, D-methamphetamine. Therefore, despite defense counsel’s ineffectiveness, the district court properly denied defendant’s § 2255 motion seeking a new sentence. See Glover, 97 F.3d at 1350 (holding that if government could establish on remand that substance was in fact D-methamphetamine, then defendant would not be entitled to resentencing). Six weeks after the district court denied defendant’s § 2255 motion, defendant filed another motion, in the nature of a Rule 60(b) motion, seeking to set aside the court’s denial of § 2255 relief on the basis of newly discovered evidence. Defendant alleged in the motion that he had recently learned that a drug called methcathinone, which has a chemical composition similar to methamphetamine and produces similar or more potent effects in users, but which was not a controlled substance until 1992, was being produced in clandestine labs in California and Michigan in 1988 and 1989. Defendant also alleged that the DEA knew about this clandestine manufacture of methcathinone. He argued, therefore, that he was entitled to a new trial because the government had unlawfully withheld evidence favorable to his defense, in violation of Brady v. Maryland, 373 U.S. 83, 87-88 (1963), and because the evidence at trial was insufficient to establish that the drug involved in his offense was a controlled substance. The district court summarily denied defendant’s motion, concluding that defendant’s allegations were “mere speculation and without any supporting evidentiary basis.” R., Vol. I, Doc. 290, at 1. “Relief under Rule 60(b) is discretionary and is warranted only in exceptional circumstances.” Robinson v. Maynard, 958 F.2d 1013, 1018 (10th Cir. 1992) (quotation omitted). Under the circumstances, we conclude the district court did not abuse its discretion in summarily denying defendant’s motion for relief from judgment.(6) The judgment of the United States District Court for the District of Wyoming is AFFIRMED. (1) We initially questioned our jurisdiction to hear appeal No. 96-8003, because the notice of appeal appeared to be untimely. In response to our inquiry, the parties produced evidence reflecting that the notice of appeal was timely presented to the prison officials for mailing. Therefore, the notice of appeal was timely filed and we have jurisdiction over this matter. See Swoboda v. Dubach, 992 F.2d 286, 289 (10th Cir. 1993) (“[A] pro se prisoner’s notice of appeal is filed with the court at the time petitioner delivered it to the prison authorities.”) (quotation omitted). (2) After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of these appeals.

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(3)

(4)

(5)

(6)

See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cases are therefore ordered submitted without oral argument. The notice of appeal in each of these cases was filed before April 24, 1996, the effective date of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214 (Apr. 24, 1996). Therefore, defendant was not required to obtain a certificate of appealability before pursuing these two appeals. See United States v. Lopez, 100 F.3d 113, 116-17 (10th Cir. 1996). In recognition that “l-methamphetamine is rarely seen and is not made intentionally, but rather results from a botched attempt to produce dmethamphetamine,” the Sentencing Guidelines were amended effective November 1, 1995 to eliminate the distinction between the two isomers. Amendment 518, United States Sentencing Commisison Guidelines Manual, Appendix C at 423. “Under this amendment, l-methamphetamine would be treated the same as d-methamphetamine (i.e., as an attempt to manufacture or distribute d-methamphetamine).” Id. Sentencing Guideline 6A1.3(a) provides that “[i]n resolving any reasonable dispute concerning a factor important to the sentencing determination, the court may consider relevant information without regard to its admissibility under the rules of evidence applicable at trial, provided that the information has sufficient indicia of reliability to support its probable accuracy.” Because defendant has failed to show he is entitled to relief from judgment, we need not decide whether a Rule 60(b) motion can be used as a means of obtaining successive review of habeas issues without satisfying otherwise applicable rules concerning successive and abusive habeas petitions.

============= United States Court of Appeals, Eleventh Circuit. No. 95-8988. Tommy Michael REECE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. Aug. 8, 1997. Appeal from the United States District Court for the Northern District of Georgia. (Nos. 4:92-CR-019-02-HLM, 4:95-CV-01HLM), Harold L. Murphy, Judge. Before TJOFLAT and BIRCH, Circuit Judges, and SMITH[*], Senior Circuit Judge. TJOFLAT, Circuit Judge:

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Petitioner, Thomas Michael Reece, appeals from the district court’s denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. We affirm. I. A. On December 10, 1992, Reece was convicted in the District Court for the Northern District of Georgia on four counts of dealing in a controlled substance, methamphetamine. One count charged Reece with conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846; two counts charged him with distribution of methamphetamine in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2; and one count charged him with possession of that drug in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Because Reece committed these offenses after November 1, 1987, he was sentenced under the guidelines promulgated by the United States Sentencing Commission (the “Sentencing Commission”).[1] On February 12, 1993, the district court sentenced Reece to a term of seventy months imprisonment on each count, with the terms to run concurrently, and fined him a total of $5,000. Reece appealed his convictions, but not his sentences. We affirmed his convictions without opinion under Eleventh Circuit Rule 36-1. United States v. Reece, 4 F.3d 1001 (11th Cir.1993) (Table, No. 93-8210). B. On January 4, 1995, proceeding pro se,[2] Reece petitioned the district court pursuant to 28 U.S.C. § 2255 to vacate his sentences and remand the case for resentencing. He presented alternative claims for relief. The first claim was that the district court, in fashioning Reece’s sentences, misapplied the sentencing guidelines by using the guideline for cases involving D-methamphetamine.[3] According to Reece, the court should have used the guideline for L-methamphetamine. That guideline would have yielded an offense level of 14 and a sentencing range of 15 to 21 months imprisonment, rather than an offense level of 26 and a sentencing range of 63 to 78 months imprisonment as prescribed by the guideline for D-methamphetamine. Reece’s second claim was that his attorney rendered ineffective assistance of counsel, in violation of the Sixth Amendment, by failing to object to the court’s use of the D-methamphetamine guideline to fashion Reece’s sentences. In response, the Government contended that Reece had procedurally defaulted his first claim for relief (1) by failing to object (a) to the presentence investigation report’s application of the D-methamphetamine guideline and (b) to the court’s reliance on that guideline at the sentencing hearing; and (2) by failing to challenge his sentences on direct appeal from the district court’s judgment. Reece’s second claim was insufficient, the Government asserted, because his petition did not demonstrate that counsel’s performance prejudiced his case as required by the ineffective assistance of counsel standard articulated in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION (1984).[4] More specifically, the petition did not allege that the case involved L-methamphetamine and that Reece could establish that fact if given an evidentiary hearing. The district court rejected both of Reece’s claims because the petition failed to demonstrate prejudice. With respect to his first claim, the court ruled that to overcome his procedural defaults, Reece had to show cause for the defaults–that is, an excuse for not objecting to the application of the D-methamphetamine guideline at his sentencing hearing and on direct appeal–and resulting prejudice. See United States v. Frady, 456 U.S. 152, 167-68, 102 S.Ct. 1584, 1594, 71 L.Ed.2d 816 (1982); Cross, 893 F.2d at 1289. The court held that Reece’s petition failed to satisfy this standard because it did not allege that the methamphetamine trafficked was the L-type. The court then denied his second claim, which asserted ineffective assistance of counsel at the trial level, for the same reason: the petition failed to show that had counsel objected to the application of the D-methamphetamine guideline, the Government could not have established that the methamphetamine was the D-type. Reece now appeals the district court’s decision on both claims. II. As a preliminary matter, we note that the district court’s approach to evaluating Reece’s section 2255 claims did not comport with the analytical framework prescribed by the Supreme Court in United States v. Frady, supra, and Murray v. Carrier, 477 U.S. 478, 488, 106 S.Ct. 2639, 2645, 91 L.Ed.2d 397 (1986). Murray teaches that a prisoner collaterally attacking his conviction can establish cause for a procedural default if he can show that “some objective factor external to the defense impeded counsel’s efforts to comply with the ... procedural rule,” or that his attorney’s performance failed to meet the Strickland standard for effective assistance of counsel. Id. at 488, 106 S.Ct. at 2645. Choosing the second option, Reece brought an independent Sixth Amendment claim of ineffective assistance of counsel. Because Reece did not pursue the first option by showing some external cause for his procedural default, the district court should have denied the first claim [5] and focused its attention solely on the second claim. In this appeal, Reece does not cite an external cause excusing his procedural default. Accordingly, our review is restricted to Reece’s claim that his attorney’s performance failed to pass Sixth Amendment muster. A. Reece’s claim that his attorney’s performance at the sentencing phase infringed his right to effective assistance of counsel fails because Reece has neither alleged nor shown that the methamphetamine he trafficked was the L-type. Simply put, he has failed to demonstrate that his attorney’s performance prejudiced his case. In his brief, Reece asks us to give his petition, which was filed and prosecuted pro se, the broadest possible reading – that is, to

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include an allegation that his trial attorney, who remained as counsel through the direct appeal, rendered ineffective assistance in prosecuting that appeal. Without passing on whether the petition can reasonably be construed to include such an allegation, we treat the petition as alleging ineffective assistance of counsel at the appellate level. See generally McCoy v. Wainwright, 804 F.2d 1196, 1199 (11th Cir.1986) (construing appellant’s pro se appeal liberally) B. Reece contends that had his attorney requested this court on direct appeal to notice plain error, we would have vacated his sentence and remanded the case for a new sentencing hearing. Reece submits that any reasonably competent attorney would have made that request; hence, Strickland’s performance prong is satisfied. Reece further contends that the loss of a new sentencing hearing satisfies Strickland’s prejudice prong because, at a new hearing, the Government may not have been able to prove that the drug in question was D-methamphetamine. Reece cites two cases involving methamphetamine – United States v. Ramsdale, 61 F.3d 825 (11th Cir.1995), and a case cited therein, United States v. Patrick, 983 F.2d 206 (11th Cir.1993) – for the proposition that we would have noticed plain error had counsel brought the alleged error to our attention. We remain unpersuaded. Although both Ramsdale and Patrick considered on direct appeal whether the government’s proof established that the drug at issue was D- rather than L-methamphetamine, neither case is apposite to the instant case. Unlike Reece, the defendant in Patrick made a timely objection at sentencing to the court’s treatment of the drug as D-methamphetamine. Patrick, 983 F.2d at 210. After examining the relevant evidence, a panel of this court held that the evidence was insufficient to support the court’s finding that the drug was D-methamphetamine. Consequently, the panel vacated the defendant’s sentence and remanded the case for resentencing. Patrick, therefore, constitutes nothing more than a straightforward application of the “clearly erroneous” standard of review. See id. at 210-11. Ramsdale involved a conspiracy under 21 U.S.C. § 841 and 846 “to transport phenylacetic acid (‘PA’), a listed precursor chemical used in the manufacture of methamphetamine, from Florida to Oregon” for the purpose of manufacturing methamphetamine for distribution and sale. Ramsdale, 61 F.3d at 827. Drug Enforcement Administration agents arrested the appellants in Oregon at some point after their receipt of a shipment of PA. The question on appeal was “whether it is plain error to impose a sentence based upon D-methamphetamine in the absence of any evidence as to the type of methamphetamine involved in the criminal activity.” Id. at 832 (emphasis added).[6] The court answered the question in the affirmative. Having done so, the court concluded that the government’s proof was inadequate as a matter of law, vacated the sentences, and remanded the case for resentencing. See id.[7] In light of this disposition, we construe Ramsdale as a sufficiency of the evidence

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION case standing for the unremarkable proposition that the prosecution has the burden of providing a factual basis for the defendant’s sentence. See generally Jackson v. Virginia, 443 U.S. 307, 316, 99 S.Ct. 2781, 2787, 61 L.Ed.2d 560 (1979) (finding that “no person shall be made to suffer the onus of a criminal conviction except upon sufficient proof”).[8]964, 970 (9th Cir.1997) (“[W]here defendants do not object at trial or sentencing about the type of methamphetamine involved in their case, it is not plain error for a district court to sentence those defendants based on their involvement with the more common methamphetamine, without making a factual finding to classify the methamphetamine as D-meth, as opposed to L-meth.”); United States v. Deninno, 29 F.3d 572, 580 (10th Cir.1994) (finding no plain error because the defendant had failed to object at sentencing to the scoring of the methamphetamine, because “factual disputes do not rise to the level of plain error,” and because “[t]he type of methamphetamine is a factual issue for the sentencing court to determine”), cert. denied, 513 U.S. 1158, 115 S.Ct. 1117, 130 L.Ed.2d 1081 (1995); but cf. United States v. Bogusz, 43 F.3d 82, 89-90 (3d Cir.1994) (disagreeing, in dictum, with “the Deninno court’s holding that the determination of methamphetamine type is entirely a factual question that cannot rise to the level of plain error”), cert. denied, 514 U.S. 1090, 115 S.Ct. 1812, 131 L.Ed.2d 736 (1995). C. Putting Ramsdale and Patrick aside, we will assume for the sake of argument that had Reece’s attorney requested this court on direct appeal to notice plain error, the court would have granted the request, vacated Reece’s sentences, and remanded the case for resentencing. The question thus becomes whether such a disposition–and the possibility that, on resentencing, the Government’s proof on D-methamphetamine might fail–would satisfy the Strickland prejudice prong. The Supreme Court’s ruling in Frady, supra, teaches that the plain error disposition Reece suggests would not satisfy that prong. Frady was a proceeding brought under 28 U.S.C. § 2255. Frady, having been convicted of murder and sentenced to death, sought the vacation of his conviction on the ground that the trial judge had erred in instructing the jury on the meaning of “malice.” See Frady, 456 U.S. at 157-58, 102 S.Ct. at 1589. Because Frady did not challenge the instructions in the trial court or on direct appeal, the question for the district court in the § 2255 proceeding was whether Frady had shown cause for his procedural default and actual prejudice. The district court, finding that Frady had demonstrated no excuse for the default, denied relief. See id. at 158, 102 S.Ct. at 1590. The court of appeals, however, reversed. Concluding that the challenged jury instructions were plainly erroneous and that the error would have been considered “plain error” under Fed.R.Crim.P. 52(b) had it been noticed on direct appeal, the appellate court found that Frady had demonstrated sufficient excuse to avoid his procedural default and, coincidentally, to obtain § 2255 relief. See id. The Supreme Court granted certiorari to answer the question

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presented by the court of appeals’ holding: whether the Rule 52(b) plain error standard employed on direct appeal from a conviction “applies on a collateral challenge to a criminal conviction brought under [section 2255].” Id. at 154, 102 S.Ct. at 1587. The Court answered the question in the negative. In doing so, the Court compared and balanced the interests at stake on direct appeal and on collateral attack: Rule 52(b) was intended to afford a means for the prompt redress of miscarriages of justice. By its terms, recourse may be had to the Rule only on appeal from a trial infected with error so “plain” the trial judge and prosecutor were derelict in countenancing it, even absent the defendant’s timely assistance in detecting it. The Rule thus reflects a careful balancing of our need to encourage all trial participants to seek a fair and accurate trial the first time around against our insistence that obvious injustice be promptly redressed. Because it was intended for use on direct appeal, however, the “plain error” standard is out of place when a prisoner launches a collateral attack against a criminal conviction after society’s legitimate interest in the finality of the judgment has been perfected by the expiration of the time allowed for direct review or by the affirmance of the conviction on appeal. Id. at 164, 102 S.Ct. at 1592. The Court therefore concluded that the proper standard for review of [a trial court error presented in a section 2255] motion is the “cause and actual prejudice” standard [stated] in ... Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977). Under this standard, to obtain collateral relief based on trial errors to which no contemporaneous objection was made, a convicted defendant must show both (1) “cause” excusing his double procedural default, and (2) “actual prejudice” resulting from the errors of which he complains.[9] Id. at 167-68, 102 S.Ct. at 1594. According to the Court, “actual prejudice” is “not merely that the errors at [the defendant’s] trial created a possibility of prejudice, but that they worked to his actual and substantial disadvantage, infecting his entire trial with error of constitutional dimensions.” Id. at 170, 102 S.Ct. at 1596. Frady disposes of Reece’s argument that a § 2255 court may review a procedurally defaulted claim if the court concludes that the court of appeals, on direct appeal, would have noticed plain error had the error been brought to its attention. Rather, a § 2255 court may excuse a procedural default only if the defendant satisfies the cause and prejudice standard stated in Wainwright v. Sykes. In other words, unless the defendant can show that “some objective factor external to the defense impeded counsel’s efforts to comply with the ... procedural rule,” Murray, 477 U.S. at 488, 106 S.Ct. at 2645, the defendant must demonstrate that the default was caused by his attorney’s ineffective assistance and actual prejudice resulted–that is, he must satisfy the Sykes standard. See id. at 488-89, 106 S.Ct. at 2645-46. In sum, to obtain § 2255 relief in this case, Reece must show that his attorney’s performance was constitutionally deficient and actually prejudiced his case. As for the prejudice element, Reece can satisfy his burden only if he represents that, given an

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION evidentiary hearing, he can establish that the methamphetamine he possessed and distributed was the L-type. Reece makes no such representation. D. We believe that, unlike the parties in Ramsdale, Reece and the Government agreed to the application of the D-methamphetamine guideline because there was no doubt that the methamphetamine involved in the case was the D-type. We draw this conclusion based on the evidence in the case and from what several circuit courts, the Sentencing Commission, the Drug Enforcement Administration (DEA), and the National Institute on Drug Abuse (NIDA) have said about methamphetamine.[10] We first consider what these sources have said and then examine the evidence that was before the district court when it sentenced Reece. 1. Methamphetamine is a potent drug “having a devastating impact in many communities across the nation.” Drug Enforcement Admin., U.S. Dept of Justice, Methamphetamine: A Growing Domestic Threat (last visited July 20, 1997) [hereinafter DEA]. Usually taking the form of a white, odorless, and bittertasting crystalline powder, methamphetamine gives users a euphoric effect similar to but longer lasting than cocaine. National Institute on Drug Abuse, Facts About Methamphetamine (last visited July 20, 1997) [hereinafter NIDA].[11] Even small amounts of methamphetamine can produce euphoria, enhanced wakefulness, increased physical activity, decreased appetite, and increased respiration. Other central nervous system effects include athetosis (writhing, jerky, or flailing movements), irritability, insomnia, confusion, tremors, anxiety, aggression, hyperthermia, and convulsions. Hyperthermia and convulsions sometimes can result in death. **** Psychological symptoms of prolonged methamphetamine abuse can resemble those of schizophrenia and are characterized by paranoia, hallucinations, repetitive behavior patterns, and formication (delusions of parasites or insects on the skin). Methamphetamine- induced paranoia can result in homicidal or suicidal thoughts. NIDA at . Based primarily in Mexico and in the southwestern and western United States, clandestine methamphetamine laboratories generally utilize one of two methods to produce the drug. See DEA at . The fundamental difference between the two methods is the use of different precursor chemicals. See id. The most popular method uses ephedrine or pseudoephedrine, which accounted for 89 percent of all methamphetamine laboratory seizures reported to the DEA in 1995. See id. The P2P method uses phenyl-2propanone,[12] which accounted for 6 percent of all methamphetamine laboratory seizures in that year. See id. [13] These clandestine laboratories attempt to synthesize

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methamphetamine that maximizes the presence of dextro- or D-isomer,[14] a form of the methamphetamine molecule that “accounts for most of the stimulant effects associated with [the drug].” See DEA at n.1. In fact, the ephedrine/ pseudoephedrine reduction method has become the preferred route of synthesis largely because it produces substantially more D-isomer than the P2P method. See id. and accompanying text. The D-isomer is the defining characteristic of D-methamphetamine. This circuit has identified D-methamphetamine as the substance having “the active physiological effects characteristic of [methamphetamine].” United States v. Carroll, 6 F.3d 735, 743 (11th Cir.1993), cert. denied, 510 U.S. 1183, 114 S.Ct. 1234, 127 L.Ed.2d 577 (1994). In contrast, the levo or L-isomer is the structural form present in L-methamphetamine: “an inert form [of methamphetamine] with little or no physiological effects.” Id.[15] The current version of the sentencing guidelines underscores this important distinction between the two forms of methamphetamine, stating that L-methamphetamine “is rarely seen and is not made intentionally, but rather results from a botched attempt to produce d-methamphetamine.” See U.S.S.G.App. C., amndt. 518, at 423 (Nov. 1, 1995). Other circuits, such as the Ninth Circuit, have recognized that D-methamphetamine and L-methamphetamine have “profoundly different effects.” United States v. Dudden, 65 F.3d 1461, 1470 (9th Cir.1995); see also United States v. McMullen, 98 F.3d 1155, 1156 (9th Cir.1996) (finding that “L-methamphetamine produces little or no effect when ingested, whereas D-methamphetamine produces an intense high”), cert. denied, — U.S. ——, 117 S.Ct. 2444, 138 L.Ed.2d 203 (1997). The Third Circuit has observed that while D-methamphetamine “produces the physiological effect desired by [the drug’s] users,” L-methamphetamine has “little or no physiological effect when ingested.” Bogusz, 43 F.3d at 89 (citation omitted); see also United States v. Apfel, 97 F.3d 1074, 1075 (8th Cir.1996) (same). It suffices to say that users of methamphetamine want to obtain D-methamphetamine, not L-methamphetamine, because the latter form has little or no physiological effect, is rarely seen and is not made intentionally, and is utterly worthless. See United States v. Scrivner, 114 F.3d 964, 966 (9th Cir.1997) (observing that D-methamphetamine has street value, whereas L-methamphetamine does not). 2. 21 U.S.C. § 841 and 846 proscribe trafficking and conspiring to traffick controlled substances, respectively. Although methamphetamine is listed as a controlled substance in § 841, that statute draws no distinction between different types of methamphetamine. See 21 U.S.C. § 841(b)(1)(A)(viii) & (B)(viii). Thus, under this statutory scheme, defendants whose offenses involved equal amounts of different types of methamphetamine are subject to the same mandatory sentence.[16] The sentencing guidelines that were in effect when petitioner’s case went to trial, however, treated offenses involving

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION D-methamphetamine more severely than those involving L-methamphetamine. Under those guidelines, one gram of D-methamphetamine was equivalent to one kilogram of marijuana, whereas one gram of L-methamphetamine was equivalent to only forty grams of marijuana. See U.S.S.G. § 2D1.1, comment. (n.10) (Drug Equivalency Tables) (Nov. 1, 1992).[17]which is pure or uncut D-methamphetamine; (3) “ice,” which is a substance containing D-methamphetamine of at least 80% purity; and (4) “L-methamphetamine.” U.S.S.G. § 2D1.1, comment. (n.10) (Drug Equivalency Tables) (Nov. 1, 1992). Under those and the current guidelines, methamphetamine (actual) and ice are treated much more harshly than D-methamphetamine: one gram of methamphetamine (actual) or ice is equivalent to ten kilograms of marijuana. See id.; U.S.S.G. § 2D1.1, comment. (n.10) (Drug Equivalency Tables) (Nov. 1, 1995). 3. When we examine the evidence before the district court at the sentencing hearing against this background, it becomes quite obvious that the methamphetamine trafficked in this case was the D-type. The evidence consisted of the testimony adduced at Reece’s trial and the undisputed facts contained in the presentence investigation report prepared by the court’s probation office. The trial transcript discloses the following. Reece was a truck driver who made cross-country trips for a carpeting company. At some point, Reece learned that methamphetamine was available in California and Texas, and his half-brother, Junior Lawrence, agreed to traffick the drug for him in Georgia. Reece would obtain methamphetamine during his travels and “front” it to Lawrence, who would sell the drug on the street and pay what he owed Reece from the proceeds. Their activity was discovered during a Federal Bureau of Investigation (FBI) investigation of methamphetamine trafficking in northern Georgia. FBI agents had arrested Kenneth Bennett for distributing methamphetamine; while awaiting sentence after pleading guilty to a federal drug charge, Bennett began cooperating with the agents. On August 25, 1992, Bennett purchased from Lawrence 5.5 grams of methamphetamine, which Reece had fronted; Bennett promptly turned the drug over to the FBI agents conducting the investigation. On September 8, 1992, he purchased another 113.6 grams, which Reece had also supplied to Lawrence, and gave the drugs to the agents. At the conclusion of this transaction, the FBI arrested Lawrence, searched his residence (where the sale had taken place), and found an additional 54.2 grams in Lawrence’s bedroom.[18] Laboratory tests revealed that the drugs obtained from these three occasions contained methamphetamine. Given the evidence before the district court, it is clear that Reece possessed and, through Lawrence, distributed a form of methamphetamine that had street value–that is, the drug was D-methamphetamine. To reach a contrary conclusion would require us to find that Reece made a conscious decision to distribute a worthless substance. We decline to accept an explanation for Reece’s criminal behavior that ignores the

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evidence before the district court, disregards the basic information about the drug, and defies common sense. We thus conclude that there could have been no dispute in this case that the methamphetamine Reece possessed and distributed was the D-type.[19] The district court’s denial of Reece’s motion to vacate his sentence under § 2255 is therefore AFFIRMED. [*] Honorable Edward S. Smith, Senior U.S. Circuit Judge for the Federal Circuit, sitting by designation. [1] The Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq., which established the Sentencing Commission and the guideline sentencing scheme in place today, became effective on November 1, 1987. See Sentencing Reform Act of 1984, Pub.L. No. 98-473, § 235(a)(1), 98 Stat. 1837, 2031 (1984) (amended by Sentencing Reform Amendments Act of 1985, Pub.L. No. 99-217, § 4, 99 Stat. 1728, 1728 (1985)). [2] Reece was represented by counsel at trial and on direct appeal. In this appeal of his § 2255 petition, Reece received the benefit of court- appointed counsel. [3] The guidelines for the offenses at issue in this case and for the trafficking of all illegal drugs are found in United States Sentencing Commission, Guidelines Manual, § 2D1.1 (Nov. 1, 1992). To determine the sentencing range for D-methamphetamine, the court refers to the Drug Equivalency Tables, which are found in the commentary that immediately follows § 2D1.1. The tables state that D-methamphetamine, which is listed as “methamphetamine,” is equal to one kilogram of marijuana; L-methamphetamine is equal to 40 grams of marijuana. For simplicity and clarity, we refer to the portions of § 2D1.1 and the equivalency tables pertaining to these two types of methamphetamine as the “D-methamphetamine guideline” and the “L-methamphetamine guideline.” [4] Under the familiar standard set forth in Strickland, a petitioner must satisfy two requirements to prevail on an ineffective assistance of counsel claim. He must show that (1) “counsel’s representation fell below an objective standard of reasonableness,” Strickland, 466 U.S. at 688, 104 S.Ct. at 2064, and that (2) “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different,” id. at 694, 104 S.Ct. at 2068. In this circuit, we have referred to the latter element as the “prejudice” prong and the former element as the “performance” prong. See, e.g., Cross v. United States, 893 F.2d 1287, 1290 (11th Cir.), cert. denied, 498 U.S. 849, 111 S.Ct. 138, 112 L.Ed.2d 105 (1990). We need not consider the performance prong here because petitioner fails to satisfy the prejudice prong. [5] The “actual innocence” exception to the cause and prejudice requirement does not apply to Reece’s first claim because he does not dispute that he did traffick some form of

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION methamphetamine. See Murray, 477 U.S. at 496, 106 S.Ct. at 2649-50 (“[I]n an extraordinary case, where a constitutional violation has probably resulted in the conviction of one who is actually innocent, a federal habeas court may grant the writ even in the absence of a showing of cause for the procedural default.”). Such “actual innocence” must be established by “clear and convincing evidence.” See Sawyer v. Whitley, 505 U.S. 333, 336, 112 S.Ct. 2514, 2517, 120 L.Ed.2d 269 (1992). [6] The record in Ramsdale was replete with evidence that the appellants, who were methamphetamine traffickers, achieved their objective of transporting PA from Florida to Oregon. What was lacking was proof that the appellants intended to manufacture D-methamphetamine, as opposed to some other type of methamphetamine. [7] After concluding that there was no evidence in the record to support the sentencing court’s finding that D-methamphetamine was involved, the Ramsdale panel vacated the defendants’ sentences and remanded “for resentencing, at which time the government [was required to] meet its burden of proof under Patrick.” Ramsdale, 61 F.3d at 832. Having failed to make out a case for D-methamphetamine the first time around, the government received a second chance – a second bite of the apple – to make its case. This disposition would have been justified had the government not received its day in court on the methamphetamine issue if, for example, the sentencing court had precluded the government from putting on its evidence. In Ramsdale, however, that was clearly not the case. Although the government had its day in court, its evidence simply failed the sufficiency test. It remains to be seen whether Ramsdale’s holding – that the government is entitled to a second chance to present evidence after presenting an inadequate case – will be applied to other cases in which the government’s proof fails on a sentencing issue for which it bears the burden of proof. [8] We note that two of the three other circuits that have considered this particular issue on direct appeal did not apply the reasoning used in Ramsdale. See United States v. Scrivner, 114 F.3d [9] A “double procedural default” occurs when, as in Frady, the defendant neither objects in the trial count nor on direct appeal. [10] We take judicial notice of what the courts of appeals, the Sentencing Commission, the DEA, and NIDA have said about methamphetamine. Their commentary on the subject is essentially indisputable. [11] As NIDA has observed, methamphetamine is a powerful stimulant. [12] Some methamphetamine producers manufacture their own P2P from phenylacetic acid (PA). See DEA at . This is what the appellants in Ramsdale conspired to do. See discussion of Ramsdale in Part II.B, supra. [13] Although these two methods account for most of the

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methamphetamine trafficked in this country, illegal laboratories have devised many other ways to produce methamphetamine. See generally Matt Campbell, Steps Ahead of the Law, Risky Recipe Evolves, Kan. City Star, June 30, 1996, at A20, A20 (stating that “[l]aw enforcement officials have identified about 48 methamphetamine ‘recipes’”). [14] Isomers “ ‘are compounds that have the same molecular formula but different structural formulas.’ ” Bogusz, 43 F.3d at 88 (citing Harold Hart, Organic Chemistry: A Short Course 15 (6th ed.1983)). [15] In Bogusz, the Third Circuit provides a thorough examination of the differences in organic composition between D-and L-methamphetamine. See Bogusz, 43 F.3d at 88-89. [16] Congress has prescribed the same mandatory sentence for D- and L-methamphetamine although, as noted above, L-methamphetamine has little or no physiological effect and thus no street value. The most likely reason for this identical treatment is that, as the Sentencing Commission stated in the current version of the guidelines, L-methamphetamine “results from a botched attempt to produce d-methamphetamine.” U.S.S.G.App. C., amndt. 518, at 423 (Nov. 1, 1995). Thus, the manufacture of L-methamphetamine is proof of an attempt to manufacture D-methamphetamine, which has significant street value and presents a menace to society. Accordingly, in prescribing a lower sentencing range for cases involving L-methamphetamine, the guidelines in effect at the time of Reece’s sentencing hearing simply reflected the difference between attempting to manufacture D-methamphetamine and distributing the drug. The current version of the guidelines eliminates the distinction between D- and L-methamphetamine. See id. at 423-24. [17] Those guidelines recognized four types of methamphetamine: (1) “methamphetamine,” which refers to a substance containing D-methamphetamine; (2) “methamphetamine (actual),” [18] At sentencing, Reece admitted to providing Lawrence with the 119.1 grams of methamphetamine that were sold to Bennett on August 25 and September 8. Reece, however, denied any involvement with the additional 54.2 grams found in Lawrence’s residence. The court resolved this issue – the only issue of fact that the parties presented to the court at sentencing – against Reece. [19] We note that our analysis in this case accords with the reasoning of the majority of circuits that have considered this precise issue on collateral attack. See United States v. McMullen, 98 F.3d 1155, 1157-58 (9th Cir.1996) (holding that petitioner, who did not raise the methamphetaminetype issue at sentencing or on direct appeal, was barred from raising that issue for the first time in § 2255 motion, and that petitioner did not satisfy either the performance prong or prejudice prong of ineffective assistance of counsel standard), cert. denied, — U.S. ——, 117 S.Ct. 2444, 138 L.Ed.2d 203

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION (1997); United States v. Apfel, 97 F.3d 1074, 1077 (8th Cir.1996) (finding that petitioner “ha[d] not met his heavy burden of showing a reasonable probability that his sentence would have been different if his counsel had required the government to prove that the offense involved d-methamphetamine”); United States v. Acklen, 97 F.3d 750, 751 (5th Cir.1996) (holding that defendant failed to establish prejudice from counsel’s failure to argue at sentencing that drug involved was L-methamphetamine and

not D-methamphetamine), cert. denied, — U.S. —, 117 S.Ct. 1017, 136 L.Ed.2d 893 (1997); but see United States v. Glover, 97 F.3d 1345, 1350 (10th Cir.1996) (finding that counsel’s failure to raise methamphetamine- type issue at sentencing satisfied prejudice prong of Strickland, and ordering the vacation of sentence if the government, on remand to the district court, could not establish that the substance was in fact D-methamphetamine).

LAB SEIZURES ‘RAVE’ REVIEWS FOR DRUG LAB

GHB was just made a controlled drug under California law on September 29, 1997. It was placed in schedule 2.

On November 3, 1997 our lab responded to a drug laboratory seizure by Mammoth Lakes PD. It was described as being associated with a Rave party scene. On arrival there were a number of items present including equipment, notes and chemicals. The equipment was clean and not further investigated at this time. The notes were for making GHB (gamma hydroxybutric acid, sodium salt) and 2C-B. One of the notes makes reference to a citation in PIHKAL. The large amounts of chemicals were ethanol (200-proof) and gamma butyrolactone. The lactone is the starting material for GHB. Also taken were the rings around the stove burner that have preliminarily shown to have GHB residue. Also taken were a number of pills, powders, liquids, and paper with pictures. So far identified are MDMA (methylenedioxymethamphetamine), ketamine, GHB sodium salt, LSD, and 2C-B (4-bromo-2,5-dimethyoxyphenethylamine). The MDMA is both in powder form and pill form (with various logos). Indicated but not yet confirmed are diazepam (as Valium™) and psilocybin containing mushrooms. The source of the lactone was Chemical Resale of Santa Barbara. The ethanol was taken from the University of California at Santa Barbara.

Logo Luigi Mario Alien Sitting turtle Jaguar

Dia. (mm) 10.02 10.02 11.03 9.47 9.03

Mark F. Kalchik California DOJ Lab – Fresno

ATROPINE IN ‘XTC’ TABLETS Recently the Forensic Science Laboratory of the Netherlands received tablets containing atropine and caffeine. All types of tablets have been seen before and contained either MDMA, MDEA or amphetamine. The characteristics of the tablets are shown in the table below. The atropine sulphate content of the Alien and Turtle tablets were determined. The Alien tablets contained between 3 mg and 7 mg (average 5 mg) and the turtle tablets 5 mg atropine sulphate. Anneke Poortman Forensic Science Laboratory Ministry of Justice, The Netherlands

Colour

Shape

Scoring

white white white white white

2x flat, bevelled edges 2x flat, bevelled edges biconvex 2x flat, bevelled edges 2x flat

single scored single scored single scored (Power Ranger?) single scored single scored

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION BIRCH REDUCTION LAB FOUND IN MICHIGAN

LSD, MDMA

The first “Birch” method laboratory seized in Michigan was encountered as the New Year rang in. Information from an informant was that a suspect had been manufacturing small quantities of methamphetamine using lithium batteries inside his full-sized van. The MSP Forensic Laboratory responded to the seizure of the van to both process the Clandestine laboratory and to assist in the investigation of the shooting of a female passenger found in the van. The passenger had been shot in the head, but was treated and released by a local hospital. The shooting is still under investigation. During the processing of the van, a State chemist found a 278 cu. foot capacity ammonia cylinder, several gallons of waste solvent, filter papers with final product, an empty pseudoephedrine bottle, the casing of a lithium battery and other chemicals/ glassware associated with the lithium/ammonia reduction of pseudoephedrine. It is believed that the suspects disposed of much of the chemicals and glassware out the passenger window during a chase leading to the seizure of the van. Preliminary examination of the waste solvent, showed the presence of methamphetamine and the “Birch” reaction byproduct, (S)-N-methyl-1(1-(1,4-cyclohexadienyl))-2-propanamine.

On October 1997, a boxed lab located in a rented storage unit was found by RCMP, near Montréal, Province of Québec, Canada. All the chemicals found were related to the synthesis of LSD by the Garbrecht’s method. No lysergic acid was found but LSD residue were identified on 8 exhibits. Five thousands white blotter papers, 10 square centimeters, each one perforated into 400 squares (5x5mm) were found. The papers without any design were not impregnated. At the end of January 1998, a boxed lab located near Quebec City, Province of Quebec, Canada, was found by the Sûreté du Québec. Thirty-six exhibits were analysed and only residue of MDMA were found on a short-path distillation head. All the chemicals seized were related to the synthesis of MDMA, using isosafrole as the precursor and 3,4-MDP-2-P as the intermediary product. Methylamine HCl, aluminum, mercuric chloride, N-methylformamide and sodium cyanoborohydride were identified indicating three different synthesis of Ecstasy.

Christopher Bommarito Michigan State Police Laboratory - East Lansing

LAB SEIZURES IN SE MISSOURI Southeast Missouri is still seeing the lithium/ammonia methamphetamine laboratories. The pace has slowed a little, but intelligence from the officers indicates that they are haveing a harder time tracking down intact operational labs. Most of the labs located are ephedrine / psuedoephedrine extraction labs or methamphetamine production labs. The criminals have discovered that they are more difficult to catch this way. They have also discovered that it is harder for law enforcement to make a manufacturing case if all of the essential chemicals are not present at one site. There also seems to be a movement towards other solvents for the final step to get away from the ether, as several of our would be chemist have blown up their residences. Toluene and coleman fuel have been talked about. However, I have not seen these in specimens submitted to the crime lab. Pamela Johnson SEMO State Crime Lab - Cape Girardeau, MO

Pierre McMurray Health and Welfare - Canada Longueuil, PQ

GHB LAB SEIZED NEAR GARLAND, TX The Texas Department of Public Safety Crime Lab in Garland, received a possible GHB clandestine laboratory. The laboratory consisted of three exhibits; one small glass vial containing clear liquid, a plastic Wal-Mart bag containing 2.85 pounds of white, flaky chips and a large brown jug labeled “gamma-butyrolactone” containing 868 g (770 ml) of clear liquid. Analysis by IR and GC/MS identified the contents of the vial as GHB and confirmed that the jug did contain gammabutyrolactone. The white, flaky chips gave a pH of 14 when placed in water. It is suspected these chips were sodium hydroxide; however, this was not firmed by further testing. Several months later, a large case was received from the same agency. The case contained nine assorted bottles of clear, viscous liquid. Four bottles were found to contain GHB, a controlled substance in Texas, comprising a total weight of 2951 g (2458 ml). The remaining five bottles were inconclusive due to the presence of a possible contaminant revealed by IR. The IR spectrum was compared to a known IR of GHB obtained from Sigma Chemical. These are the largest cases of GHB that this laboratory has seen; however, we have also received several smaller cases of GHB this year Kelly Taylor TX DPS Crime Lab Garland, TX

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

UNUSUAL MANUFACTURING OF MDMA IN THE NETHERLANDS ANNEKE POORTMAN Forensic Science Laboratory Ministry of Justice Rijswijk, The Netherlands The most frequently seen method for the clandestine manufacturing of MDMA in the Netherlands is by the reductive amination of piperonyl methyl ketone with methylamine and platinum oxide as the catalyst. The same method is used for MDEA. The Leuckart synthesis is commonly used for amphetamine, but is also seen for the synthesis of MDA and MDMA. Occasionally we see the use of the nitropropene route, both for amphetamine and MDA. This year it was for the first time seen that MDMA was prepared from MDA. In a clandestine laboratory the presence of approximately 2500 grams of yellow crystals as well as the presence of benzaldehyde indicated the manufacturing of amphetamine by the nitropropene route. Other chemicals present at the site were nitroethane, n-butylamine, pyridine, lithium aluminum hydride (LAH), dimethyl sulfate, THF, benzene and several other organic solvents. However, laboratory analysis of the yellow crystals showed the presence of 1-(3,4-methylenedioxyphenyl)-2-nitropropene instead of phenyl-2-nitropropene. Examination of several liquid samples and powder traces showed the presence of MDA and MDMA. GC/MS analysis of a liquid sample of special interest showed the presence of an unknown compound (figure 1). This compound was identified as the imine of MDA and benzaldehyde.

From some handwritten papers found at the premises and the laboratory examinations it became clear that the MDA-intermediate was prepared from piperonal (700 gr.), nitroethane (350 cc), N-butylamine (20 cc), pyridine (5 cc) and ethanol (10 cc). The nitropropene intermediate was reduced to MDA with LAH in THF. The prepared MDA base (700 gr.) was refluxed with benzaldehyde (450 gr.) to yield the imine (1065 gr.). Treatment of the formed imine with dimethyl sulfate (539 gr.) in benzene (1078 gr.) yielded MDMA; the reported final yield of MDMA hydrochloride was 792 gr. Traces of white powder collected from a punch machine as well as a small number of tablets showed the presence of both MDA and MDMA. This indicates the methylation of MDA was not complete. The method used for the methylation of MDA (scheme 1) shows great resemblance with the method described for the mono-methylation of n-butylamine [1].

REFERENCES 1.

Organic Syntheses, Collective Volume 5, 1973, pp. 736-739.

CH3

CH3 O NH2 O

N

+ O

H O

3,4-methylenedioxyamphetamine

C O

benzaldehyde

imine

CH3 (CH3O)2SO2

HN CH3

O O

3,4-methylenedioxymethamphetamine

VOLUME 8 NUMBER 1 — JANUARY 1998

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Abundance

TIC: ANNEKE.D 10.33

900000

CH3

800000 N

700000 O

600000

C O

500000

imine

400000 300000 200000

12.85

100000

0

Time-->

2.00

4.00

6.00

8.00

10.00

12.00

14.00

16.00

18.00

20.00

22.00

24.00

26.00

Average of 10.297 to 10.329 min.: ANNEKE.D (-)

Abundance

132

340000 300000

CH3

260000 N

220000

O

C O

180000

imine

140000 105 100000 60000 20000 m/z-->

PAGE 26

0

39 40

51

77 89

65 60

80

117 100

120

147 162 140

174

160

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

190

180

208 200

224 220

236 240

250

267 260

VOLUME 8 NUMBER 1 — JANUARY 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

THE PLANNED MANUFACTURE OF LSD FROM THE FUNGUS CLAVICEPS PASPALI JOHN HUGEL, B.SC Drug Analysis Service Health Canada 2301 Midland Avenue Scarborough, Ontario M1P 4R7 The following is a description of a case where an individual planned to make lysergic acid diethylamide (LSD), and then did make 3,4-methylenedioxy-N-methylamphetamine (MDMA). The accused did not dispute the details described in this article during his trial and ultimately pled guilty to the manufacture of LSD and MDMA. Between October and December 1994, a local Royal Canadian Mounted Police (RCMP) detachment monitored an individual who purchased the following chemicals under suspicious circumstances: Citric acid Benzene Potassium hydroxide pellets Sulfuric acid Sodium carbonate Nitric acid Acetic acid (glacial) Dimethylformamide Diethylamine Ethanol Mannitol Succinic acid Monopotassium phosphate Epsom salts Ammonium hydroxide Tartaric acid Chloroform Methanol Ether. The following equipment was also purchased during same time period: 500 mL flask pH papers Thermometer 4 L polyseal jug 50 L carboy Stirrer Clamp. Shortly thereafter, the RCMP were notified that the same individual was attempting to purchase a culture of a fungus, namely, Claviceps paspali (Stevens and Hall) from American

VOLUME 8 NUMBER 1 — JANUARY 1998

Type Culture Collection (ATCC) strain 13892. The purchase of this fungus was ultimately blocked by the Drug Enforcement Administration (DEA) in the United States. Claviceps paspali can be grown to make up to 1.3g of lysergic acid amide derivatives per litre of fungus solution, by using the following ingredients [1]: Mannitol 5% Succinic acid 2% Citric acid 1% Potassium phosphate dibasic (Monopotassium phosphate) 0.1% Epsom salts (magnesium sulfate heptahydrate) 0.03% Distilled water Ammonium hydroxide to adjust pH Other methods for the growing of Claviceps paspali specify the use of glucose and chickpea meal and do not use citric acid [2, 3, 4]. One paper claimed a yield of 3 g of lysergic acid amide derivatives per litre of solution by using, in addition, a peptone “Torlak” [5]. The accused planned to extract the lysergic acid amide derivatives and convert them to LSD using methods published in Psychedelic Chemistry [6]. The chemicals listed in these methods, on pages 108, 109, 116, and 118 of Psychedelic Chemistry, fit the purchased chemicals. No effort was made in this laboratory to duplicate the planned manufacture of LSD. The accused gave up on his efforts to make LSD because of the difficulty in obtaining the fungus culture and concentrated on making MDMA. He purchased the necessary chemicals, proceeded to make MDMA, and was arrested before being able to purify the product for sale. The method for MDMA manufacture was compiled from PIHKAL [7], Psychedelic Chemistry [6], and Recreational Drugs [8], all of which were open on pages outlining the synthesis of MDMA at the time of seizure.

REFERENCES: 1.

E. Pertot, J. Cadez, S. Milicic, and H. Socic, “The Effect of Citric Acid Concentration and pH on the Submerged Production of Lysergic Acid Derivatives,” Applied Microbiology and Biotechnology, Volume 20, 1984, pp. 29-32.

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 2. 3. 4.

E.B. Chain, A. Tonio, and C. Bonino, “Process for the Production of Alkaloid Derivatives of Lysergic Acid,” Canadian Patent 637,037, 1962. E.B. Chain, A. Tonio, and C. Bonino, “Process for the Production of Alkaloid Derivatives of Lysergic Acid,” United States Patent 3,038,840, 1962. I. Laws and P.G. Mantle, “Experimental Constraints in the Study of the Biosynthesis of Indole Alkaloids in Fungi” Journal of General Microbiology, Volume 135, 1989, pp. 2679-2692.

PAGE 28

5.

6. 7. 8.

E. Pertot, K. Jezernik, M. Didek-Brumec, and H. Socic, “Ultrastructural Characteristics of a Submerged Claviceps Paspali Strain,” Journal of Basic Microbiology, Volume 27, 1987, pp. 369-376. Michael Valentine Smith, Psychedelic Chemistry, Port Townsend WA: Loompanics Unlimited, 1981. A. Shulgin and A. Shulgin, Phenethylamines I Have Known And Loved (PIHKAL), Berkeley CA: Transform Press, 1991. Professor Buzz, Recreational Drugs, Port Townsend WA: Loompanics Unlimited, 1989.

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 8 NUMBER 1 — JANUARY 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

EXPLORATIONS WITH ECSTACY AND AMPHETAMINE DERIVATIVES JAMES R. PEARSON, PH.D. WAYNE J. MITCHELL, B.SC.(HONS)

JEFFREY E. ROWE, PH.D. ROBERT M.D. SETTE, B.SC.(HONS)

Victoria Forensic Science Centre Victoria Police Forensic Drive, Macleod Victoria, Australia 3085

La Trobe University Chemistry Department Bundoora, Victoria, Australia 3083

The condensation of piperonal (1) with a nitroalkane (nitroethane or nitropropane) is a route (Scheme 1) commonly used to synthesize designer drugs such as 3,4-methylene-dioxyamphetamine (MDA), 3,4-methylenedioxy-N-methylamphetamine (MDMA), N-methyl-1-(1,3-benzodioxol-5-yl)-2butanamine (MBDB) and 2-amino-1-(3,4-methylenedioxyphenyl)-butane (BDB). A similar synthetic route can be used to synthesize amphetamine derivatives such as paramethoxyamphetamine (PMA) (6) and para-methoxy-N-methylamphetamine (PMMA) (7). As part of an ongoing study of these types of reactions and products, we have investigated a number of aspects of this chemistry. The condensation of piperonal (1) or anisaldehyde (5) with a nitroalkane in the presence of a base can occur under a number of different conditions [2], all of which are known to clandestine operators through underground clandestine literature [1]. Base catalyzed reactions, using ammonium acetate, have been described in scientific publications [3, 4]. Although yields using ammonium acetate have been reported [1, 2] to be low in comparison with other base catalyzed systems, it was initially chosen due to its accessibility. Yields for all nitro-intermediates were relatively poor, especially 1-(3,4-methylenedioxyphenyl)2-nitrobutene as it was an oil and required further purification by column chromatography to obtain a crystalline product. Investigations showed that the removal of water by a Dean-Stark trap [5], use of cyclohexylamine as the base catalyst, and up to seven days reaction time, substantially increased both yields and purity, and produced crystalline products for all 3,4-methylenedioxynitroalkenes and para-methoxynitroalkenes. Synthetic procedures using iron for the reduction/hydrolysis of the nitro-intermediate to the ketone are described both in the clandestine [1] and scientific literature [6]. In our hands, however this method was unsuccessful, perhaps because the grade of iron used was inappropriate. In a recent journal publication [7], the authors claimed to be able to transform conjugated nitroalkenes to carbonyls under mild and clean reaction conditions, in good yields, with an easywork up, using SnCl2.2H2O and Mg turnings. Investigations using this method have shown it to be a simple and efficient alternative to the iron reaction, giving good yields for pure

VOLUME 8 NUMBER 1 — JANUARY 1998

CHO

NO2 R1-CH2NO2 base/heat

O

R1

O O

O (1)

NHR2 R1

O

SnCl 2.2H2O Mg turnings

(2)

O

1. Leuckart, or 2. Reductive Amination

R1

O

O

O (4)

(3)

MDA MDMA BDB MBDB

Scheme 1:

R1 CH3 CH3 CH3CH2 CH3CH2

R2 H CH3 H CH3

Synthetic route for the manufacture of MDA, MDMA, BDB and MBDB.

3,4-methylenedioxy-2-propanone, 3,4-methylenedioxy-2butanone and para-methoxy-2-propanone under mild reaction conditions. For a typical reaction, a mixture of the nitrostyrene in THF, 7 molar equivalents of SnCl2.2H2O, and Mg turnings, was stirred at room temperature. To this mixture, conc. HCl was added dropwise and allowed to stir. Water was then added followed by more stirring. The aqueous solution was then extracted with a suitable solvent. The extracts were then washed with water, dried and the solvent removed to give an average yield of ~80% for all ketones. Ketones were then converted to their end product by standard procedures, using either the Leuckart reaction or reductive amination. Investigators into clandestine laboratories need to be aware of the potential of these methods. A more detailed account of these studies will be submitted for publication in due course.

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

NHR

CHO

CH3O

CH3O (5)

(6) R = H (7) R = CH3

REFERENCES 1. 2. 3. 4. 5. 6. 7.

“The Complete Book of Ecstasy,”, U.P. Yourspigs., 2nd Ed., Synthesis Books, 1995, pg.72. “PIHKAL, A Chemical Love Story,” Shulgin, A., and Shulgin, A., 1st Ed., Transform Press, Berkeley, CA, 1991, pg. 714. Benington, F., Morin, R. D., Clark Jr, L. C., and Fox, R. P., J. Org. Chem., Vol 23, 1958, pg. 1979. Gairaud, C. B., and Lappin, G. R., J. Chem. Soc., 1953, pp. 1-3. Heinzelman, R. V., J. Am. Chem. Soc., Vol 75, 1953, pg. 921. Heinzelman, R. V., Org. Syn., Coll. Vol., Vol 4, 1963, pg. 573. Das, N. B., Sarangi, C., Nanda, B., Nayak, A., and Sharma, R. P., J. Chem. Research (S)., 1996, pp. 28-29.

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 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 8 NUMBER 1 — JANUARY 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 8 NUMBER 3 — JULY 1998

IN THIS ISSUE ... 8th Annual Technical Training Seminar Little Rock, AR ......................................... 2 New [Michigan] Law Bans “Date Rape” Drug ......................................................... 2 Job Announcement .................................................................................................... 2 Ketamine Abuse Increasing ....................................................................................... 3 Amphetamine, Methamphetamine Reported Found In Acacia berlandieri .............................................................................. 3 Internet News ............................................................................................................. 3 New Applicants For Association Membership ......................................................... 5 Lab Seizures .............................................................................................................. 5 1998 Candidate’s Statements .................................................................................... 8 The Hive Chemist: MDMA Cook’s Use Of Internet To Share His “Humble Tale” Doubles His Sentence In Federal Prison .................. 9 Teresa Kouts ß-Phenethylamine .................................................................................................... 10 Jerry Massetti New Synthetic Drugs In The European Union ........................................................ 13 Leslie A. King, Ph.D. and Anneke J. Poortman-Van der Meer The Disposition Of Nicholas Sand’s Conspiracy To Traffic In LSD, MDA, MDMA and DMT Charges ..................................................... 15 Richard Laing, M.Sc. TCADA Research Brief. Fry: A Study of Adolescents’ Use of Embalming Fluid with Marijuana and Tobacco .............................................. 17 William N. Elwood, Ph.D. Judges Stay Bargaining Ruling ............................................................................... 24 Appeals Court Rules On Production Quantities, Assignment Of Quantities To Co-Conspirators ................................................................... 25  1998 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Association Officers President: Terry A. Dal Cason DEA North Central Laboratory 536 S Clark St Rm 800 Chicago, IL 60605-1509 (312) 353-3640 Vice-President: Catherine Wojcik San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab – Annex 1704 E Bullard Fresno, CA 93710-5856 (209) 278-7732 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main St Ste 700 San Francisco, CA 94105-2018 (415) 744-7051 Past-President: Tim McKibben DEA Special Testing and Research Lab 7704 Old Springhouse Rd McLean, VA 22102-3405 (703) 285-2583 Executive Board Members: Kathy Wilcox OSP Forensic Laboratory 333 4th Av Coos Bay, OR 97420-4380 (541) 269-2967 Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

8TH ANNUAL TECHNICAL TRAINING SEMINAR LITTLE ROCK, AR

NEW [MICHIGAN] LAW BANS “DATE RAPE” DRUG

With about two months to go until our 8th annual seminar – plans are reaching closure. It once again should be a memorable and meaningful meeting. There will again be a clandestine laboratory safety recertification and update day on Tuesday, September 8th. The fee for the one-day of training is $50 and will include lunch. The training will be from 8:30am until approximately 5pm. The hotel will honor its rate of $70 from September 6th through the 12th. The actual meeting times are from 8am on Wednesday, September 8th through Saturday at noon. Those presenting posters will be asked to place them on display on Wednesday morning. They will remain on display for the week. There will be a designated time for you to discuss your work with interested members during the formal program on Saturday. Wednesday is the opening day of the meeting and topics will include: techniques for debriefing clandestine laboratory cooks, the methcathinone monograph, and an overview of the encounter of this drug by region. Thursday, the meeting will continue with the Birch reduction monograph, an overview of the encounters of this method with analytical tips for analysis, and the business meeting. We will once again have a “Bring Your Own Slides” session on Thursday night from 7pm until 10pm. On Friday there will be the breakfast seminar presentation, this year featuring Don Cooper from the DEA Special Testing and Research Lab, an overview of the GHB problem, and a round table discussion period. We will break around noon for a free afternoon of sight seeing or relaxing by the pool, before we reconvene for an evening of fun at Murray’s Dinner Theater. Saturday will be the day for papers and a question and answer period for the posters and any other topics of your choice. We hope you will all be able to attend. Don’t forget to send in your registration and abstract forms early. See you in September

LANSING (AP) – Legislation making it a felony to possess a “date rape” drug used to victimize girls and women was signed into law Wednesday by Gov. John Engler. The new law also adds the drug, Gamma-Hydroxybutyrate, to the list of Schedule I controlled substances. “Most college students are aware of the dangers of alcohol and drugs, but not everyone knows about GHB, a deadly substance that has in recent years taken it’s toll,” Engler said in prepared statement released in Lansing. He signed the bill at Oakland University. The bill, sponsored by Sen. Joh [sic] Schwartz, R-Battle Creek, makes it a felony to possess the drug. Anyone delivering or manufacturing the drug is liable for up to seven years in prison and a fine of up to $10,000. Possessing the drug would draw two years in prison and a $2,000 fine, or both. Use of the drug would be a misdemeanor with a penalty of one year in jail and a $1,000 fine, or both.

JOB ANNOUNCEMENT The City of Aurora, (population 253,000), the third largest city in Colorado, is seeking a Senior Crime Lab Specialist to perform complex scientific analysis of physical evidence using sophisticated technical instrumentation to support the criminal investigation functions of the Police Department. Requires: BA/BS degree in related field and a minimum of 3 years experience as a forensic chemist in a law enforcement laboratory or directly related environment. Skill in forensic chemistry, CO class C driver’s license with a good driving record. $39,529 – $55,854. Drug test required for selected candidate. Polygraph

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes ............................. OSP Forensic Laboratory - Portland, OR ................................................ (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab - Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................DEA Special Testing and Research Lab – McLean, VA ......................... (703) 285-2583 O. Carl Anderson ..................... Kansas Bureau of Investigation Lab - Great Bend, KS ........................... (316) 792-4353 Jason Freed ..............................National Medical Services - Willow Grove, PA ...................................... (215) 657-4900 Jerry Massetti ........................... CA DOJ Crime Lab – Fresno, CA ........................................................... (209) 278-7732 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452 Rodney Norris .........................ESR Forensics - Aukland, NZ .................................................................. 649-815-3670 Peter Vallely ............................ J. Tonge Centre for Forensic Science - Brisbane, Australia .................... 617-3274-9031

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 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 8 NUMBER 3 — JULY 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION and background check required. Send applications / resume to: City of Aurora Human Resources 1470 S. Havana Street 3rd Floor Aurora, CA 80012 (303) 739-7225 – voice (303) 739-7243 – fax

3. 4. 5. 6.

Ketaset (Trade name), ketamine hydrochloride pharmaceutical indictable vial, Fort Dodge Laboratory, Inc., Fort Dodge, Iowa, 50501. Isolation and Identification of Drugs, Edited by E.G.C. Clarke, copyright 1969. Ohio Bureau of Criminal Identification and Investigation, Ohio of the Attorney General, October 21, 1996, Drug Alert: Ketamine. Lab Animal, Vol. 27 No. 4, Regulation Watch.

KETAMINE ABUSE INCREASING CRAIG JACOBSEN Lorain Co. Crime Lab Elyria, OH Ketamine hydrochloride is used as an anesthetic for both humans and animals. Veterinary clinics have been burglarized for ketamine. The synthesis of ketamine is complicated, and to date, diversion of the legitimate product is the only known source on the street [1]. A pharmaceutical indictable vial of liquid can contain either 100 or 50 mg/ml of ketamine hydrochloride [2]. The aqueous solution is 3.5 pH and contains 0.1 mg/ml benzethonium chloride preservative [3]. Ketamine can be extracted by organic solvents from aqueous alkaline solutions [4]. It is converted by evaporating the pharmaceutical liquid in a microwave or oven [5]. Ketamine hydrochloride powder can look very similar to pharmaceutical grade cocaine hydrochloride. It is a controlled substance schedule III only in California, Connecticut, Florida, Illinois, Nevada, New Jersey, New Mexico, New York, and Oklahoma [6]. Since 1993, the DEA Office of Diversion Control has been collecting data on ketamine and its abuse. Reports of encounters with ketamine may be faxed to (202) 307-8570, or mailed to: Drug Enforcement Administration Drug and Chemical Evaluation Section Office of Diversion Control 700 Army Navy Drive Arlington, VA 22202

REFERENCES: 1. 2.

“Toxic Amines And Alkaloids From Acacia berlandieri”, B.A. Clement, C.M. Goff, and T.D.A. Forrest, Phytochemistry, Volume 46, Number 2, pp. 249–254, 1997. Abstract – Consumption of Acacia berlandieri Benth. by domestic livestock during periods of drought [Editor’s Note: in the Rio Grande Plains of Texas] may result in locomotor ataxia, as well as having negative effects on intake and male fertility. Four phenolic amines (N-methyl- β-phenethylamine, tyramine, N-methyltyramine, and hordenine), had previously been extracted from the plant, and N-methyl- β-phenethylamine has been shown to negatively impact fertility in female Angora goats. In order to clarify the possible role of other secondary compounds from Acacia berlandieri on non-lethal toxicities in domestic livestock, leaf samples collected in the spring and autumn were subjected to rigorous chemical analysis. In addition to the four previously detected amins, 29 other alkaloids and amines were isolated and identified by GC-MS, these including nicotine, nornicotine, mescaline, mimosine, and four amphetamines. A significant increase in the number and relative quantities of these compounds was observed in late season foliage.

INTERNET NEWS

DEA, Diversion Quarterly, February 4, 1997, Ketamine Abuse Increasing. Personal communications, June 29, 1998; Department of Veterinary Physiology & Pharmacology; College of Veterinary Medicine; Texas Veterinary Medical Center; Texas A&M University and Drug Information Laboratory; FDA, Center for Veterinary Medicine; Virginia - Maryland Regional College of Veterinary Medicine; Virginia Tech University.

VOLUME 8 NUMBER 3 — JULY 1998

AMPHETAMINE, METHAMPHETAMINE REPORTED FOUND IN ACACIA BERLANDIERI

PATENT SEARCH ON WORLD WIDE WEB If you are looking for the text of a US patent, there is a web site sponsored by IBM that might be able to provide you with not only a summary of the patent, but also an Adobe portable document format (.pdf) like image file of the actual patent.

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

PAGE 3

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION The site can be found at: http://www.patents.ibm.com/patquery.html To try out the site, call up the address above with your favorite browser. Have the site search for patent #4638094, a patent on the synthesis of phenylacetone. When the system returns your selection, it will be a summary page of the patent. You can order the patent for a fee and it will be mailed to you, or you can select an icon in the top left corner labeled “View Image” and see the actual text of the patent a page at a time. While you are on the page, you can print the page and get a copy of the viewed page; however, this will not print out the total document and it will include the navigational buttons at the top of the page. Thus, a page of the patent will likely take more than one printed page on your printer. Still, the site can be useful.

LITHIUM - AMMONIA REDUCTION PROCESS DESCRIBED IN alt.drugs.chemistry Subject: Will this synth Work———? Date: 21 Jul 1998 07:37:15 GMT From: [email protected] (BronBarry) Organization: AOL http://www.aol.com Newsgroups: alt.drugs.chemistry Some one posted this earlier and i was leary 6000mgs of psuedophedrine 1qt anhydruos ammonia 10 lithium strips (from the AA type batteries) 1 gal. either 1 gal denatured alcohol

SUBJECT: DILDO’S [SIC] AND SEPFUNNELS If you happen to frequent the alt.drugs.chemistry newsgroup for the past few years, the moniker of a person posting synthesis tips and commentary – usually in a colorful manner – as “POPeye” will be familiar to you. From his postings, the general impression of this individual is one of an older (40’s or older) male who has some experience with reductive amination processes leading to methamphetamine. He seems to be bright, certainly articulate, and possesses a sense of problem solving. In the following, taken from the Lycaeum web pages, “POPeye” takes on the topic of clearing emulsions in liquid – liquid extractions and comes up with a very nifty solution. However, I wonder what kind of calls and commotion an order for the described device might cause in your purchasing section! “Patience is a virtue in chemistry and life BUT when you find yourself gnawing on the skulls of your incarcerated ancestors in a rented crank oil stinking garage space, waiting for the colloidal suspensions, or the troublesome undocumented third middle layer to debubblfy...patience may not be all that practical. “I have found that if you trim the head of a latex, plug in dildo to replace the stopper on your sep funnel and give it the old VIBE, it will speed the seperation as well as the breaking up of aforementioned sludgelayers, and save you some time. Don’t use some sort of mega-pussy eyeball shaker, designed for the elite-frigid class..you don’t want to get into the area of agitation or orgasmic chemistry, just aid settling. Experiment a bit and I think you may find this “TIP” useful. “Bone Apertif “POPeye”

1 gal distilled water and lots of tubing and glassware oh yah you will need some pickling salt(iodized salt will not work) and some RotoRuter(liquid drain cleaner(for the Sulfuric acid)) now take the psuedo and rinse all the red shit off of them. put them in a blender with the denatured alcohol. Whip the shit out of it. Now add that to the rest of the alcohol. Stir the hell out of it until you can’t get anything else to disolve. Next filter what you have to get out all the solids (throw away the solids) and then evaporate all the alcohol and I mean all of it. when all the alcohol is gone and you have a powder again. Add the ether not all of it though about half a gallon take your ammonia and add the litium strips to it. BE CAREFULL Easy does it. Now take and add your ammonia/lithium to the ether/ psuedo mix and I can’t stress the fact of “pour slowly” enough. This is a violent reaction. After you have combined the two mixtures (li/am and psuedo/ether) set it some where so all the unused ammonia can evaporate This could take all day or maybe even two. Just smell of the stuff if you no longer smell Ammonia then its done. The final mixture (we will call it psuedo/amm) will be clear all the solids will be settled to the bottom. Once again dicard the solids and keep the liquid. What you have now is a meth base in an ether suspension. You need to turn the meth base into a Hydrogenchloride salt. The easiest way to do this is by bubbling Hydrogenchloride gas through the mixture. Hydrogenchloride gas can be made by combining Sulfuric acid(Liquid drain cleaner) and sodiumchloride(plain salt).

(http://www.lycaeum.org/%7Erhodium/chemistry/popeye.dildos.txt)

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 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 8 NUMBER 3 — JULY 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

NEW APPLICANTS FOR ASSOCIATION MEMBERSHIP The following individuals have submitted applications for consideration to become members of the Association. Please take a few moments to examine the names on the list. If you should note anyone you feel would be unsuitable for membership in the Association, please contact Pamela Johnson, Membership Secretary, by email at [email protected] or by telephone at (573)651-2221. If you know of others who would like to be accepted this year please have them contact Pam for an application packet before the end of August 1998.

APPLICANTS FOR REGULAR MEMBERSHIP Alexandra Kennedy ...... Arizona DPS, Phoenix, AZ Chris Harrison .............. Arkansas State Crime Lab, Little Rock, AR Jeffrey Taylor ............... Arkansas State Crime Lab, Little Rock, AR Kenneth Warburton ...... California DOJ, Ripon, CA Ronald Welsh ............... California DOJ, Ripon, CA Jennai Lawson .............. California DOJ, Ripon, CA Colin Priddis ................. Chemistry Centre, Western Australia Ted Chapman ............... DEA, Dallas, TX Theresa Beyerle ............ DEA, Dallas, TX Kristen Rager ................ California DOJ, Riverside, CA Dr. Zafrir Goren ........... Israel Police Division of Forensics Jerusalem Ron Armstrong ............. Drug Analysis, Health Canada, Ontario Carina Campo ............... DuPage County Crime Lab, Wheaton, IL Joe Bozenko ................. Forensic Consultant Services, Ft. Worth, TX

Robin Woolery ............. Iowa Division of Criminal Investigation, Des Moines, IA Jeremiah Morris ............ Missouri Highway Patrol Lab, Springfield, MO Michael Baker .............. Missouri Highway Patrol Lab, Jefferson City, MO David Parrish ................ Nebraska State Patrol Lab, Lincoln, NE Dustin Baker ................. OK State Bureau of Investigation, Oklahoma City, OK Dale Semple .................. Queensland Health Scientific Service, Brisbane, Australia Kalpesh Mistry ............. San Bernardino Sheriff Lab, San Bernardino, CA Victor Granat ................ St. Louis Co Lab, Clayton, MO Tami Kee ...................... Washington State Patrol Lab, Tacoma, WA Jeffery Jagmin .............. Washington State Patrol Lab, Tacoma, WA Jane Boysen .................. Washington State Patrol Lab, Tacoma, WA I still need to verify Dr. Andre DeLeenheer and Dr. Willy Lambert, Laboratory of Toxicology, Gent, Belgium

APPLICANTS FOR ASSOCIATE MEMBERSHIP Forrest Alexander ......... Royal Hallamshire Hospital, South Yorkshire, UK Gregory Kiddon ............ OH Bureau Criminal Idenification, London, OH Richard Hundertfund .... Topeka P.D., Assigned FBI Task Force

LAB SEIZURES TRENDS IN OKLAHOMA In Oklahoma, we continue the trend of constantly finding new clandestine labs. At the end of May, we had responded to a total of 116 clandestine laboratories. We have not seen the trend of Nazi method laboratories, but we did get our second one in as many years about 3 weeks ago. An investigative agency recovered 180 lbs. of iodine pellets that were stolen from our iodine folks in Woodward, Oklahoma. Most of the labs are very small and seem to be using more and

VOLUME 8 NUMBER 3 — JULY 1998

more alternate sources of red phosphorus. Our chemists here in Oklahoma are comforted by the fact that we are commissioned officers and are grateful for the training and support given to us by our administration. Recently, at a clandestine lab response, several passersby stopped to check on the residents and caused some anxiety. Several months ago, we dismantled a lab found in an attached garage and when the suspect was apprehended a few days later, he related how he was hiding behind the dryer and “the chemist looked right at me” while he was photographing a Red Devil Lye container on the

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION dryer. Two of my chemist’s, when the suspects drove up on the acreage from a back entrance, were the officers that pulled the suspects from the vehicle with guns drawn. I relate these incidents to remind us how we need to always be ready for the unexpected. We have had a fortunate legislative session and should reverse the trend of losing our trained personnel to neighboring agencies due to recent pay increases. The starting salary will jump from the $24K range to about $32K. A senior Criminalist will make about $44K. We also enacted legislation that put red phosphorus on the watch list here and should make it more difficult to come by. Another incidental bill placed GHB in Schedule 1. Richard H. Dill, Criminalist Supervisor OSBI Crime Lab - Oklahoma City, OK

STRONG IODINE SOLUTION — ANOTHER SOURCE OF IODINE In February of this year, I processed a small lab affectionately known in these parts as a “Gomer” lab. Along with the usual chemical components used for ephedrine reduction to methamphetamine was a 1-pint amber bottle labeled “HUMCO (brand) STRONG IODINE SOLUTION, USP — LUGOL’S SOLUTION” that contains 24 grains / fl. oz. iodine and 48 grains / fl. oz. potassium iodide. Feed stores and chemical supply companies commonly stock this product. Its uses include applying it to horses’ hooves prior to shoeing and prevention or treatment of thrush infections. Clerks at feed stores in the area had told one of the task force agents they had been noticing increased purchases of the product. So, it appeared somebody out there thought this might be a useful source of iodine. Povidone – iodine and other similar weak iodine solutions have been showing up at clan labs for years. However, it has been found to be an inadequate source of iodine to produce HI when combined with red phosphorus. Using a small test tube reaction vessel, I found the strong iodine solution was sufficient to produce HI when combined with red phosphorus. Combining red phosphorus, some strong iodine solution, and ephedrine in another “small” reaction vessel and heating it in a boiling water bathe for a few hours produced some methamphetamine. The yield wasn’t incredible, but sufficient methamphetamine was produced for easy detection. Tom Keener CA DOJ Crime Lab - Chico, CA

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A SCREENING TEST FOR DIMETHYL SULFONE In a recent search of a probationer’s backyard, agents dug up several containers the probationer was “holding” for a friend. They contained several pounds total of a uniform crystalline material. It tested negative with their drug screening test reagents, so one of the samples was submitted to the laboratory for analysis to see if a revocation of the individual’s probation was warranted. The presence of dimethyl sulfone (DMSO2) was confirmed by GC/MS. DMSO2 has the synonyms methyl sulfone and methyl sulfonylmethane and is used illegitimately for cutting methamphetamine. One of the compound’s legitimate uses is as a high temperature solvent for organic and inorganic compounds. It is also used by veterinarians to reduce joint inflammation in livestock. While performing a flame test, I noticed some unusual properties that lend the flame test to being used as a screening test for the compound. I put a small amount of crystalline material on a metal spatula and placed it in the flame of a Bunsen burner. The crystals melted and did not char. Then, the melted portion ignited, similar in intensity to an alcohol flame. For safety reasons, this test should be performed in a hood due to the potential for toxic ignition byproducts. Tom Keener CA DOJ Crime Lab - Chico, CA

MISSOURI - KANSAS - IOWA A steady increase in clandestine laboratory seizures continues. Recent information indicates eastern and southwest (Springfield area) Missouri is seeing primarily “Nazi” type laboratories with lithium batteries as the source of the lithium. Northwestern Missouri and eastern Kansas are currently encountering primarily iodine/red P type laboratories, with limited numbers of “Nazi” type labs. Within the Kansas City metro area most labs seized are the iodine/red P method. Western Kansas has seen a sizeable increase in lab seizures during the past 6 months. The first “Nazi” type labs were encountered for the first time a little over a year ago. This type of laboratory now accounts for the majority of seizures in western Kansas. While debriefing operators of the seized labs in western Kansas, a connection to Missouri is often encountered. The connection generally is having learned to cook in Missouri or having been taught locally by a “cook” from Missouri. One of labs seized in western Kansas was reputed to be producing a “super grade” of methamphetamine, that was “really good”. Analysis revealed the laboratory was producing methcathinone. A 50 pound bag of sodium dichromate was found at the lab site. The “cook” reported he purchased the material at an agricultural chemical supply, and the 50 pound bag was the smallest they would sell him.

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 8 NUMBER 3 — JULY 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Southern and central Iowa is experiencing an increase in lab seizures. These labs tend toward the iodine/red P method. Carl Anderson Kansas Bureau of Investigation - Great Bend, KS

MORE ABOUT BLACK METH ALSO KNOWN AS “COOKING IN THE BLACK” A recent lab seizure netted a cook, who like most, seemed proud to tell of his accomplishments. He stated that cooking in the black consisted of having extracted and recovered the ephedrine or pseudoephedrine. You won’t believe this next step. The ephedrine/pseudoephedrine was then combined with the metal, in his case sodium, anhydrous ammonia, ether, salt and acid in a large thermos with the top spout open to allow the gases to escape. Once the reaction settles down they add water to quench to metal and then spread the mixture out to dry. The mixture looks like potting soil at this point. It is dark brown to black and has white flecks in it. The cook states that one this mixture is dry they pour ether on it and the mixture turns white. I did not have this information available when I worked the first case involving samples from this type of cook, so I’m having the samples resubmitted and I’m going to do some more work with the case as well as sending a portion to Tim McKibben at DEA Special Testing Lab. Pamela Johnson SEMO Regional Crime Lab - Cape Girardeau, MO

PURE ECSTASY – MDMA LAB SEIZED IN WESTPORT, MA Neighbors on a dead end street of modest bungalows in Westport, Massachusetts, were curious when someone lengthened the road and erected a $275,000 house with a three-car garage and driveway gates. Acting on a tip, a Task Force consisting of Federal, State, and Local law enforcement agents conducted surveillance on the house for two weeks. This led to a search warrant being served on January 30, 1998. Upon entry, agents observed strong chemical odors in addition to glassware and heating apparatus consistent with a cooking clandestine laboratory. The DEA Clandestine Laboratory Team, assisted by the Massachusetts State Police Crime Laboratory chemists, was activated. Information provided by the suspects described a 3,4-methylenedioxymethamphetamine synthesis.

VOLUME 8 NUMBER 3 — JULY 1998

Chemical evidence recovered from the site included:

Chemical ............................... Amount hydrogen peroxide ...................... 50 gallons formaldehyde .............................. 50 gallons gasoline ....................................... 5 gallons acetone ........................................ 19 gallons methanol ..................................... 60 gallons ammonium chloride .................... 50 pounds isopropyl alcohol ........................ 5.25 gallons formic acid (90%) ....................... 50 gallons liquid caustic soda ...................... 50 gallons muriatic acid ............................... 20 gallons methylene chloride ..................... 100 gallons sulfuric acid ................................ 30 gallons caustic potash flakes ................... 25 gallons magnesium sulfate ...................... 100 pounds sassafras oil ................................. 50 pounds methyl tert-butyl ether Analysis of the septic system revealed ether, acetone, methylene chloride, and methyl tert-butyl ether. The synthesis route was likely the oxidation of isosafrole to 3,4-methylenedioxyphenyl-2-propanone (MDP-2-P) and conversion of the latter to MDMA by a Leuckart reaction. Methylamine could be produced by distilling a mixture of ammonium chloride and formaldehyde. Laboratory analysis of samples taken is pending, with confirmation of 300 grams of white powder as containing 91% MDMA. Red liquid contained in 32 oz. canning jars was identified as containing MDP-2-P. One 5-gallon plastic container was also determined to contain MDP-2-P. Estimated production yields based on 50 pounds of sassafras oil is approximately 6.2 kg of MDMA. Dosage in the New England area is approximately 100 mg/tablet selling for $25 each. The Massachusetts State Police laboratory has received tablets imprinted with a dollar sign ($) and lips. Jane McLaughlin MA State Police Laboratory – Sudbury

NOVEL EXTRACTION OF EPHEDRINE TABLETS A simple and very effective method of isolating ephedrine from “MINI-THIN” tablets containing guaifenesin was recently encountered at a tablet extraction laboratory. Several jars containing liquid were discovered at the lab. Two of the jars were typical of the initial tablet soaking step a clear liquid with white precipitate. The liquid was primarily water with small amounts of acetone and ethanol. The liquid also contained ephedrine and guaifenesin. The white precipitate was consistent with tablet fillers.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Two more of the jars contained a clear yellowish liquid with a white precipitate. The liquid was acetone, containing guaifenesin and the white precipitate was ephedrine. Also present at the scene were a pie plate and coffee filters containing ephedrine with small amounts of guaifenesin. The tablets are ground up and soaked in water, the solution is filtered and the liquid is evaporated leaving ephedrine and guaifenesin. Acetone is then added. The guaifenesin dissolves in the acetone but the ephedrine HCl does not. The liquid decanted or filtered, leaving relatively pure ephedrine powder behind. Intelligence reports received by our laboratory indicate that lab operators are concealing their methamphetamine by leaving the free base dissolved in “Coleman Fuel” in the original cans and only powdering out when product is needed for sale. Our laboratory is now checking all items of “Coleman Fuel” and similar products at clan lab scenes by adding a drop of concentrated hydrochloric acid and looking for the temporary formation of a white “cloud” in the liquid. Dwain Worley KBI Laboratory – Topeka, KS

THE HIVE CHEMIST: PART II. ELEUSIS MAKES OWN METHYLAMINE FROM HEXAMINE An MDMA lab operator in Tampa used the library at a Tampa University, the Internet, and PIHKAL to develop his methodology. The laboratory operated by Jeffrey Jenkins was refreshingly well-organized, with all bottles labeled and all original reagent labels intact. This

chemist, who called himself “Eleusis”, also had interesting sources for his precursors, which were previously unknown by this chemist. The laboratory operated out of a residential apartment in Tampa, FL. The building residents and surrounding neighbors were evacuated when the laboratory was raided by DEA in June 1997. A very strong odor was present in the apartment, but it was not a typical chemical smell. We found approximately 10.9 kg of “Ocotea Cymbarum Oil” as well as 1750 grams of hexamine (also called methenamine) in the apartment. A sample of the Ocotea Cymbarum oil revealed the primary component to be safrole. Information later provided by the manufacturer indicated that Ocotea cymbarum is also known as Brazilian Sassafras oil or Ocotea pretiosa, which is composed of over 90% safrole. Jenkins had the supplier send 25 pounds of the oil, as well as Oil Bergamot (used in perfumery) to “Natural Soaps, Inc.” Jenkins’ hand written notes indicated that he was using the hexamine to manufacture his own methylamine. His notes read, “Heat a solution of Hexamine + HCl to yield Methylamine HCl and Carbon dioxide. C6H12N4 + 4 HCl + 4 H20 —> 4 CH3NH2 • HCl + 2 CO2.” There is no reference listed, as there is in other sections of his notes. DEA agents could find no chemical orders for methylamine, and methylamine was found at the site, so he was apparently successful in his efforts. In the previously noted article about “eleusis”, Jenkins wrote that “I synthesized all of the naughty precursors myself,” and at his sentencing hearing in February 1998, he also admitted that he did use this method. He indicated his willingness to discuss the method and his references with me, but I was unable to talk to him before he was taken to prison. Teresa Kout Broward Sheriff’s Office - Ft. Lauderdale, FL (formerly of DEA Southeast Laboratory)

1998 CANDIDATE’S STATEMENTS The following candidates have submitted statements regarding their interest and qualifications for running for the Board of Directors of the Association:

CANDIDATE

FOR

VICE-PRESIDENT

Richard Laing “I wish to introduce myself as candidate for the position of VicePresident of CLIC. I received a Masters of Science degree from Laval University in Quebec City, 1991. For the past eight and a half years I have worked at Health Canada, Vancouver, British Columbia in a capacity of Analytical and Clandestine Laboratory Specialist. “My principal duties include clandestine lab investigations and teaching police and first responder personnel about the health and safety issues associated with these types of seizures. Some of my other duties include method development and quality assurance. I have applied the elements of the latter in my unofficial capacity of “Organoleptic QA of Fermented Libations” at the past 7 CLIC training seminars. “In 1994 I hosted the CLIC meeting in Vancouver where I went so

PAGE 8

far as to brew a couple of kegs of speciality libations to demonstrate my keen interest in quality assurance. I have participated in presenting posters and seminars at most of the CLIC meetings and regularly contribute to the CLIC journal as well as representing Canada as Regional Editor. “I am presently ending my second year as Member at Large on the CLIC executive and have contributed to various projects that CLIC has undertaken. I have the experience and knowledge to effectively represent CLIC and its membership and would be honoured to do so as Vice President and promise to work hard at upholding and promoting our ideals and goals.”

CANDIDATE

FOR

MEMBERSHIP SECRETARY

Pamela Johnson “Hi, I’m Pamela Johnson and I work at the SEMO Regional Crime Lab located in Cape Girardeau, MO. I have been employed at the SEMO lab for over 10 years and have been a member of CLIC for 7 years. I have been serving CLIC as Membership Secretary for the past 3 years.

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 8 NUMBER 3 — JULY 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION During this term I’ve worked on application papers for approximately 50 new members each year and have worked with the Treasurer to send out due notices and collect dues. Other duties have included trying to keep up with address changes as members move from job to job. Thank you for allowing me to serve CLIC in the capacity and I would like to submit my name for re-election to that office for another 3 year term.”

CANDIDATE

FOR

EXECUTIVE BOARD MEMBER

Brian J. Maloney

“Having worked for the county of San Bernardino as a Criminalist for a period of time, I had the opportunity to work with a number of skilled people and was able to learn a lot about clandestine laboratories. Most of these labs were of the HI / red phosphorus variety. Since then, I have moved to the DEA North Central Laboratory in Chicago where we received a wide variety of clandestine lab seizures from several different states. I have found the CLIC journal and monographs extremely valuable in learning how to, not only approach the analyses of such laboratories, but to also process them safely. I believe the purpose of CLIC is worthwhile and, as such, I would like to be involved as an Executive Board Member.”

THE HIVE CHEMIST: MDMA COOK’S USE OF INTERNET TO SHARE HIS “HUMBLE TALE” DOUBLES HIS SENTENCE IN FEDERAL PRISON TERESA KOUT* Broward Sheriff’s Office Crime Laboratory PO Box 9507 Ft. Lauderdale, FL 33310

A self-educated chemist who posted on the Internet a seven page commentary regarding his cooking experience, his arrest experience, his court experience and advice on how others can avoid getting caught for clandestine drug manufacture was recently sentenced in Federal Court. Originally, after pleading guilty, he was facing approximately 3 years in prison after a sentencing reduction for “acceptance of responsibility” for his crimes. One week before his sentencing hearing, however, a DEA chemist in Miami exploring the Internet found an interesting posting, only a week old, by an individual calling himself “Eleusis”. He was able to get information about the posting to the forensic chemist who handled the clandestine lab as she was diligently preparing for the hearing. Shocked by what she read, the forensic chemist notified the prosecutor. A time-consuming investigation of Internet activity was avoided when the defendant, 23-year-old Jeffrey Jenkins, admitted to writing the commentary. During the hearing, the prosecutor provided a copy of it to the judge. Among the comments was Jenkins’ reason for undertaking the manufacture (“my quest for knowledge and experience”), how he “broke every rule in the book” by using his real name and credit card to order the equipment and chemicals, how he posted everything that “sounded remotely useful to the process of making MDMA”, and the other drugs he also manufactured. Jenkins also described his “good cop/bad cop” interrogation by DEA agents, how his co-defendant “low-balled the estimate of MDMA I made (bless her!)”, and how he “pissed off” the prosecutor by pleading

VOLUME 8 NUMBER 3 — JULY 1998

(which would lead to a sentencing reduction). He describes how he withheld information about a storage unit containing chemicals he rented after his lawyer told him to “do nothing and see if they find it.” After the co-defendant told DEA about the storage unit, he “played coy” about it until he was offered immunity on the contents because of “their suspicion it was booby-trapped.” He states that if caught, you should “try to find out what the agents know before spilling the beans ... Be cooperative ... but don’t get too detailed.” The judge was quite displeased about the attitudes expressed in the “Eleusis” commentary. She was most unhappy about the concluding comment: “My biggest mistake...was not taking the time to make a huge amount quickly...I should have blew out a kilogram or so then quit. 1 kg is worth up to $100k...” Needless to say, the judge decided that Jenkins’ writings did not indicate “acceptance of responsibility.” She refused to grant the sentencing reduction. Jenkins’ co-defendant, the girl who sold his MDMA around Tampa, who faced the same sentence under the guidelines, had provided substantial assistance to the prosecution and showed great remorse for her actions. She was sentenced to 12 months House Detention. Jenkins was not quite so lucky. Instead of the 30-36 months he face under the reduction, Jenkins was sentenced to 6 years in federal prison. Those interested in reading Jenkins’ comments can find it at: http://www.lycaeum.org/~chemist. *formerly of DEA Southeast Laboratory – Miami, FL

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

β-PHENETHYLAMINE JERRY MASSETTI CA DOJ Crime Laboratory 6014 N. Cedar Fresno, CA 93710-5809

β-Phenethylamine was detected in a series of suspected methamphetamine samples submitted to the Fresno Regional Laboratory of the California State Department of Justice, beginning on May 18, 1998. This compound has not been identified previously in casework submissions received at this laboratory. Eight additional β-phenethylamine exhibits have been received since then, at a rate of about one per week. Characteristics of samples and details of case investigations link these samples with processes used at large scale clandestine methamphetamine laboratories associated with Mexican Nationals. To date, nothing reported in encounters with β-phenethylamine has demonstrated it is a clandestinely manufactured product. Other forensic laboratories in both Northern and Southern California have also recognized β-phenethylamine in routine case submissions starting in May of this year.

SAMPLE CHARACTERISTICS OF EIGHT FRESNO CASES: β-Phenethylamine was the only active ingredient found in most of the samples. A trace quantity of methamphetamine also was present in two of the samples. At least two of the samples were diluted with dimethyl sulfone. Dimethylsulfone (also known as DMSO2, Methylsulfonylmethane, and MSM) is a cutting material used extensively at clandestine methamphetamine laboratories associated with Mexican National operatives. Six of the samples weighed 5 grams or less. One sample weighed about 28 grams. Another sample weighed 200 grams and was received with an additional 300 grams of powder containing caffeine as its only active component. This last seizure was taken from a vehicle that also contained an apparently unused 22-liter round bottom flask and other manufacturing indicia including a Glascol® heating mantel rheostat. Substituted naphthalene byproducts, commonly associated with methamphetamine manufacture from ephedrine using hydriodic acid and red phosphorus, were only found at trace levels in one sample. This sample also contained a trace amount of methamphetamine, which must be considered as a source of naphthalene compounds. The physical appearance of the eight powders containing β-phenethylamine varied. In general, they were visually distinct from routinely submitted methamphetamine samples. Analysts’ described these samples as “dry light tan powder”, “bright yellow”, “yellow, wet and crystalline”, and “mustard yellow”.

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Table 1: Summary of β-Phenethylamine Samples Date

Laboratory

Quantity

May 18

CA DOJ, Fresno

4.6 grams

May 18

LASO

8.4 grams

May 25

CA DOJ, Fresno

28.4 grams

June 3

CA DOJ, Fresno

0.02 grams

June 3

LASO

27.0 grams

June 9

LASO

0.29 grams

June 9

CA DOJ, Chico

432.8 grams

June 12

CA DOJ, Fresno

200 grams

June 21

CA DOJ, Fresno

0.71 grams

June 22

CA DOJ, Fresno

0.3 grams

May – June

Orange County

several submissions

June 30

Santa Clara County

about an ounce

June 30

CA DOJ, Santa Rosa

0.07 grams

July 2

CA DOJ, Santa Rosa

37 grams

Analysts’ reports have not included the determination of the salt form.

SCOPE – MORE THAN LOCAL: All eight samples containing β-phenethylamine were received from May 18th through July 1st by the Fresno Laboratory and were submitted from various agencies located only in Fresno and neighboring Tulare counties. During this same period, β-phenethylamine samples were also identified by other California crime laboratories, including those serving the counties of Kern, Los Angeles, Orange, and Santa Clara; and the California State Department of Justice, Chico and Santa Rosa Laboratories. The first phenethylamine samples received by both California DOJ, Fresno and LASO have the same date of incident, May 18th. A summary of β-phenethylamine reports can be found in Table 1. A number of β-phenethylamine samples were accompanied by exhibits also containing methamphetamine. The June 3rd 27 gram sample reported by LASO was received with 67 grams of powder containing methamphetamine. The largest submission, reported by the California Department of Justice Chico Laboratory, contained phenethylamine

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 8 NUMBER 3 — JULY 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION (major component), ephedrine, cocaine, and a trace of methamphetamine. It was accompanied by a second item containing ephedrine and cocaine as major components and methamphetamine as a minor one.

CH3

“THAT LIGHTER CRANK IS A DIFFERENT FLAVOR, BUT JUST AS GOOD AS KRYPTONITE” One user’s endorsement of the potency of a dry light tan powder ranked it “on par” with a greenish-tinted methamphetamine product she also enjoyed. Another subject cautioned that “… it wasn’t smokeable … ”. Still another claimed it was a good hunger suppressant and expected it to be “good CR” (good crank). Despite these enthusiastic testimonials, the reported pharmacological effects indicate phenethylamine to show much less activity than amphetamine.

TOXICOLOGY: Detection of phenethylamine in toxicological samples is a common occurrence. Both α-phenethylamine and β-phenethylamine are present in human urine. They are also detected in aged blood samples and are produced as a result of tissue putrefaction.

LEGAL STATUS: Phenethylamine is not listed as a controlled substance in the California State Health and Safety Code. It might be considered

Abundance

α-phenethylamine

β-phenethylamine

to be an analog of amphetamine. The Merck Index, 12th Edition, describes β-phenethylamine as “structurally and pharmacologically related to amphetamine”. The Physician’s Desk Reference, 51 st Edition (1997) does not list any phenethylamine product in its “Brand Name and Generic Name Index”. A medical application for phenethylamine could preempt the filing of charges as an analog.

REQUEST FOR COMMENT AND ACKNOWLEDGEMENTS: Reports to this journal about encounters with β-phenethylamine in suspected methamphetamine or other samples would be appreciated. Suggestions or observations about this possibly developing trend would also be appropriate and desired. Thanks to the following for contributing the information contained in this article: A. Ramirez, K. Copeland, R. Deslate, M. Kalchik, M. Lee, D. Diosi, D. DeFraga, J. Davis, D. Hong, H. Skinner, C. Richardson, S. Bentley, T. Dal Cason, M. Lopez, F. Viscarra, J. Reynolds, M. Strawser, J. Blankenship, L. Camacho, K. Ota, W. Phillips, and G. Popovich.

Average of 3.406 to 3.418 min.: PHENET.D (-)

91

260000 NH2 240000 220000 200000 β-phenethylamine 180000 160000 65 140000 120000 100000 80000 51 77 60000 40000 61 42 73 81 86 56 20000 45 69 040 45 50 55 60 65 70 75 80 85 90 m/z-->

VOLUME 8 NUMBER 3 — JULY 1998

NH2

NH2

121

103 98

117

95 100 105 110 115 120

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 100 95 90 85 80 75 70 65 60 55 50 45 40 35 30

NH2

25 20 15

β-phenethylamine HCl, in KBr

10 5 0 4000

3500

3000

2500

2000

1800

1600

1400

1200

1000

800

600

Wavenumbers (cm-1)

AVE3_9 (3.87: 3.95) Ref. (3.21 : 3.29) of C:\HPCHEM\1\DATA\B-PHEN.D

1070.1

Transmittance

1032.12

1495.28

1609.34

NH2

3034.21 3072.03

2863.97

90

1376.1 1452.31

1796.46 1869.64 1943.51

2277.37

3343.18 3408.91

3640.03 3659.52 3698.01

95

β-phenethylamine, vapor phase infrared spectrum

2936.25

699.944 740.687

85

4000

3000 W

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583.086

1194.52

100

b

(

2000 1)

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

1000

VOLUME 8 NUMBER 3 — JULY 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

NEW SYNTHETIC DRUGS IN THE EUROPEAN UNION LESLIE A. KING Drugs Intelligence Unit, Forensic Science Service 109 Lambeth Road London, SE1 7LP United Kingdom and

ANNEKE J. POORTMAN-VAN DER MEER Gerechtelijk Laboratorium Van Het Ministerie Van Justitie Volmerlaan 17 2288 GD Rijswijk The Netherlands In 1997, the fifteen member states (MS) of the European Union (EU) set up a so-called ‘Joint Action’ on new synthetic drugs. This initiative arose from the recognition that European countries were both major producers and major consumers of these illicit substances. From a political view, there was a move towards harmonisation of legislation in all member states, as well as a desire to understand the health implications of new drugs. Although, the definition of “new” was not closely defined, it has come to refer to synthetic drugs not currently under international control. In practice, the majority of new drugs are substituted phenethylamines. Table 1 lists those substances which have been reported in at least one MS. It excludes those listed in the United Nations Convention on Psychotropic Substances (1971), e.g. MDMA, MDA, MDE (N-Ethyltenamfetamine), DOB (Brolamfetamine), PMA and N-OH MDA (N-Hydroxytenamfetamine) many of which are seen regularly in seizures. Whereas MBDB and 2C-B have been widespread, most of the drugs shown in Table 1 have only been reported in isolated cases. In the case of 2C-T-2, some doubt exists as to the exact pattern of ring substitution in the seized material. Each MS encountering a new drug either in Police/Customs seizures or in toxicological analyses is expected to notify both

VOLUME 8 NUMBER 3 — JULY 1998

Europol (the European Police Organisation in the Hague) and EMCDDA (the European Monitoring Centre for Drugs and Drug Addiction in Lisbon). At a more informal level, the Drugs Intelligence Unit of the Forensic Science Service in London acts as a central coordinating body for receiving and disseminating mostly technical information from colleagues in forensic science laboratories in all EU states. The first formal evaluation of a new drug under the ‘Joint Action’ will be undertaken with MBDB. A risk assessment is expected to be made at a meeting of the EMCDDA scientific committee in the next few months. From this, a recommendation could follow to control MBDB throughout the EU. Several other clandestine phenethylamines not shown in Table 1 have been reported in the US and Canada [1].

REFERENCE 1.

L.A.King, “Designer Drugs Related to Amphetamine,” Journal of the Clandestine Laboratory Investigating Chemists Association, Volume 6, Number 3, July 1996, p. 15.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Ring-substituted phenethylamines Table 1. New synthetic drugs reported in at least one member state of the EU

(PIHKAL acronym; Page)

N-Methyl-1-(1,3-benzodioxol-5-yl)-2-butanamine

(MBDB; 778)

1-(1,3-Benzodioxol-5-yl)-2-butanamine

(BDB; 698)

4-Bromo-2,5-dimethoxyphenethylamine

(2C-B; 503)

N-Acetyl-(2C-B) 3,4-Methylenedioxydimethylamphetamine

(MDDM; 725)

2,5-Dimethoxy-4-(n)-propylthiophenethylamine

(2C-T-7; 567)

4-Allyloxy-3,5-dimethoxyphenethylamine

(AL; 460)

3,5-Dimethoxy-4-methylallyloxyphenethylamine

(MAL; 712)

N-Hydroxy-MDMA

(FLEA; 671)

2,5-Dimethoxy-4-chloroamphetamine

(DOC; 626)

4-Methylthioamphetamine 2,5-Dimethoxy-4-ethylthiophenethylamine

(2C-T-2; 557)

4-Methoxy-N-methylamphetamine

(Methyl-MA; 783)

N-Formyl-MDMA

N-Substituted amphetamines w ithout ring-substitution N-Hydroxyamphetamine N,N-Dimethylamphetamine N-Acetylamphetamine Di-(1-phenylisopropyl)amine

Other phenylalkylamines 1-Phenylethylamine (1-PEA) N-Methyl-1-PEA 4-Methyl-1-PEA 1-Phenyl-3-butanamine

Miscellaneous Pyropropione (diethylpropion [amfepramone] analog) Methylmethaqualone (position of the methyl group not specified) Propicyclidine (phencyclidine analog) 1-(1-phenylcyclohexyl)pyrrolidine (phencyclidine analog)

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

THE DISPOSITION OF NICHOLAS SAND’S CONSPIRACY TO TRAFFIC IN LSD, MDA, MDMA AND DMT CHARGES RICHARD R. LAING MSC Health Protection Branch Health Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA Nicholas Sand, the American fugitive and counterculture hero of the late sixties and early seventies who in 1976 jumped bail in San Francisco while appealing an LSD manufacturing conviction, was sentenced in March 1998 in British Columbia, Canada to nine years for charges stemming from the seizure of a large poly-drug laboratory in suburban Vancouver. His laboratory was found in a converted commercial complex in September 1996 where 46 g of LSD tartrate, 3 Kg of MDA HCl, 3 Kg of MDMA HCl and 4.5 Kg of DMT were discovered. The laboratory had a very large capacity and the amount of stockpiled precursors was impressive: 12 Kg ergotamine (plus another 12 Kg which had been substituted with Dextrose during a controlled delivery by the Royal Canadian Mounted Police) 98 Kg indole, 33 Kg piperonal, 11 L of methylenedioxyphenyl-2-propanone (MDP-2-P) and 17 Kg of 3,4-methylenedioxy-β-methyl-nitrostyrene. A depiction of the reactions and yields as found in the seized notes are provided in Figures 1–3.

Seized notes described the synthesis of LSD using phosphorus oxychloride with a yield of 44%. This means that 347 g of lysergic acid could be obtained from 1 Kg of ergotamine. The recipe used is, coincidently, very similar to the method outlined in Dr. Shulgin’s TIHKAL. From other seized chemicals two other possible routes could have been employed and are listed as [B] and [C] in (Figure 1). The LSD tartrate appeared as a light tan of buff coloured powder and quantitated at 99–100%. Samples of a related “designer” compound the sec-butylamide homologue of LSD were found in small quantities in both epimeres: normal and iso-forms. Piperonal was the starting material for MDA and MDP-2-P through the MD-methylnitrostyrene intermediate (Figure 2). This intermediate is easily converted to MDA using lithium aluminum hydride (LAH) (91% yield) or to MDP-2-P using ferric chloride and iron (98% Yield). MDMA was manufactured

Figure 1: Possible routes to LSD O Ergotamine tartrate [ca. 12 Kg]

16. KOH 17. hydrazine hydrate

HN

OH N lysergic acid

O CH2CH3 HN

N N CH3 LSD

CH3

[A] 20. phosphorus oxychloride 18. diethylamine

CH2CH3

Two other possible LSD routes based on seized chemicals: [B] 16. N,N-dicyclohexylcarbodimide 17. N-hydroxybenzotriazole 18. diethylamine [C] First step: 19. 1,1-N,N-carbonyldiimidazole Second step: 18. diethylamine

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION using a bomb hydrogenator and PtO2 catalyst (84% yield). The lab books describe the synthesis of 53 Kg of the nitrostyrene, 34 Kg of MDP-2-P, 13.4 Kg of MDMA HCl and 4 Kg of MDA HCl. The synthesis of 2C-B (4-bromo-2,5-dimethoxyphenethylamine) and mescaline through the appropriate nitrostyrene intermediate in ounce quantities were described. Nitromethane was substituted for nitroethane and condensed with the appropriate aldehyde to synthesize the requisite nitrostyrene. DMT and small amounts of DET and DPT were synthesized from indole using the route specified in Figure 3. Reported yields were 90% for the amide intermediate and 90% for DMT itself. Notes indicated production of 11 Kg of DMT. Also seized was a spreadsheet file which contained information regarding the sale of these drugs. Approximately 127 g of LSD had been sold for an average price of $6140 per gram ($6000-$7500) while 4824 g of MDMA had been sold for an average price of $117 per gram ($100-$150), 500 g of MDA had been sold for $123 per gram on average ($100-$150) and only 235 g of DMT was listed as being sold with an average price of $110 per gram ($100-$120). This ledger represented total sales of $1,866,000 over a period of one year. Sands along with co-conspirator Peter Van der Hayden, who received 5 years, pled guilty to four counts of conspiracy to traffic in the restricted drugs LSD, MDA, MDMA and DMT. Included was the forfeiture of $400,000 and $200,000 respectively; the latter of which was concealed in a Luxembourg account. Bruce Gioia pled guilty to possession for the purpose of trafficking and received 12 months probation and forfeited $100,000. Gobeil, who was the first to plead guilty to the conspiracy charges last fall, received a 3 year sentence. Under Canadian law, the maximum penalty for trafficking in a restricted drug under the old Food and Drugs Act and its replacement the Controlled Drugs and Substances Act is 10 years. Crown Counsel therefore was pleased with the sentence. As part of the plea, Sands waived his right to extradition and when he is eligible for parole will be returned to the United States to serve his original sentence.

Figure 2: Possible routes to MDA, MDMA O H

CH3

1. butylamine 2. nitrostyrene NO2

O

O O

O

Piperonal (heliotropin) [ca. 33 Kg]

3,4-methylenedioxy-methyl-nitrostyrene 3. LAH

4. iron filings 5. ferric chloride

CH3 NH2 O O 3,4-methylenedioxyamphetamine (MDA) [ca. 3 Kg]

CH3 O O O 3,4-methylenedioxy-phenyl-2-propanone

CH3

6. methylamine 7. reducing agent

NH2 O O 3,4-methylenedioxymethamphetamine (MDMA) [ca. 3 Kg]

Figure 3: Possible routes to DMT

H N

oxalyl chloride [ca. 95 Kg] dimethylamine [ca. 57.7 Kg]

Indole [ca. 97.5 Kg]

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H N O

O

C

C

CH3

LAH [ca. 40 Kg]

N

N,N-dimethyl-3-indole-glyoxylamide

H N CH3 CH2 CH2 N

CH3

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dimethyltryptamine

CH3

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

TCADA RESEARCH BRIEF: FRY: A STUDY OF ADOLESCENTS’ USE OF EMBALMING FLUID WITH MARIJUANA AND TOBACCO WILLIAM N. ELWOOD, PH.D. Behavioral Research Group, NOVA Research Company University of Texas School of Public Health Houston, Texas

ACKNOWLEDGMENTS The author thanks Daphne Moore, Faith Foreman, and Shanna Barnett for their assistance with this project. For a copy of the interviewer guide or for other concerns, contact the author directly at the following address: William N. Elwood, Ph.D. 402 Tuam Avenue, No. 1 Houston, TX 77006-3433 ©February 1998, Texas Commission on Alcohol and Drug Abuse (TCADA), Austin, Texas. TCADA grants full permission to reproduce and distribute any part of this document for non-commercial use. Appropriate credit is appreciated. TCADA is a state agency headed by six commissioners appointed by the governor. TCADA provides educational materials on substance use, develops prevention, intervention, and treatment programs, and conducts studies on the problems of substance use in Texas. This publication was supported by a contract from the Center for Substance Abuse Treatment. Texas Commission on Alcohol and Drug Abuse 9001 North IH-35, Suite 105 Austin, Texas 78753-5233 (512) 349-6600 | (800) 832-9623 Web site: www.tcada.state.tx.us

EXECUTIVE SUMMARY Adolescent use of marijuana and tobacco has continued to rise throughout the 1990s (Liu, 1997; Mathias, 1997). Perhaps as a part of this trend, there have been growing reports of adolescents who use marijuana or tobacco cigarettes dipped in embalming fluid. Unfortunately, most of these reports involve young people presenting for drug treatment, many of whom were incoherent. The purpose of this report is to increase our knowledge of embalming fluid by synthesizing the literature on the subject; reporting on interviews with law enforcement officials, funeral directors, and other community members; and interviewing 20 Houston adolescents who use embalming fluid. The findings that emerge from this investigation are that the embalming fluid compound found on the street contains PCP and that adolescents do not know this. Treatment providers are also hampered from knowing how to treat people who have overdosed or who are suffering from long-term effects. In its pure form, embalming fluid is often diverted from morgues and funeral homes, although the substance

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also may be purchased directly from chemical companies. The report closes with recommendations including alerts for treatment professionals and education for users who receive treatment.

INTRODUCTION Adolescent use of marijuana has escalated throughout this decade. The National Household Survey on Drug Abuse found a 140 percent jump in marijuana use by youths aged 12 to 17 between 1992 and 1995 (Johnson, 1997). In fact, the increase in current marijuana use by Texas eighth grade students was higher than national trends (Liu, 1997, p. 24). Although lifetime tobacco use among Texas secondary students remained relatively stable in the 1990s, both annual and current tobacco use increased by 14 percent between 1990 and 1996, particularly among tenth grade users (Liu, p. 29). Given this increase in the use of the “gateway” drugs—tobacco and marijuana, it is perhaps not surprising that there has been an increase in the use of other illegal drugs by young people. Among these drugs is “fry,” a generic term referring tomarijuana cigarettes, marijuana-laced cigars, or tobacco cigarettes or cigars soaked in embalming fluid laced with PCP. This report includes the following sections: description of the study, data and method, presentation of data, and discussion in which the study’s limitations and implications will be discussed.

DATA AND METHOD Data for this report come from various sources. First, a comprehensive literature search of medical, psychological, and social sciences journals and local print media was conducted. Second, the author interviewed knowledgeable members of the community, including law enforcement officials, news reporters, funeral home directors and employees, treatment providers, and nail stylists. Third, the author conducted in-depth guided interviews (Parker & Carballo, 1990) with 20 adolescents (ages 15-22) who smoked embalming fluid with marijuana in the month prior to their interviews. An in-depth guided interview is a semi-structured interview that uses an open-ended question format. This interviewing structure acknowledges the ethnographic inquiry tenet that, except under unusual circumstances, the research participant is the instrument (Lincoln & Guba, 1985, p. 250). Nevertheless, data also must be collected

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION systematically; the in-depth guided interview provides a balance between the two. Within this format, the investigator encourages the respondent to expand on topics mentioned by the respondent that may provide additional insight into the use of embalming fluid with tobacco or marijuana, and the consumption of other drugs. In this manner, guided in-depth interviews collect data standardized with regard to subject manner and also allow collection of data that may not have been anticipated. The audiotaping of interviews allows the investigator to reproduce the data exactly as it was collected (Lincoln & Guba, 1985) and, thus, analyze the research participants’ actual descriptions. The investigator used an interview guide of issue areas formulated by the author and TCADA officials, and received informed consent from all participants before data collection commenced. Data were collected using a semi-structured interview guide, which included questions concerning sociodemographic characteristics, drug history, the making of marijuana cigarettes and cigars, and embalming fluid use and its effects. While the semi-structured guide served as a prompt and guide for the interviewer, participants were encouraged to elaborate on topics that appeared to contain information relevant to the study. Interviews were audio recorded and transcribed verbatim into text files. Text files were content coded using a subjective/ objective analytical strategy (Maxwell, 1996). The coding scheme itself was derived from the Outline of Cultural Materials (OCM), “a manual which presents a comprehensive subject classification system pertaining to all aspects of human behavior and related phenomena” (Murdock et al., 1985, p. xi). Although originally created by and for anthropologists, the OCM was revised in its fifth edition for research in “psychology, sociology, political science, economics, geography, and general science,” and can be adapted for use on individual studies (p. xi). For example, the OCM includes only one code, 276, for “narcotics and stimulants—drugs consumed for nontherapeutic purposes” (p. 33). We expanded this one code through additional letters and numbers for such phenomena as “effects/actions attributed to drug use” (276A), “marijuana” (276B6), and “embalming fluid” (276B7e). Interviews were coded searching expressly for sociodemographic characteristics, drug history, the making of marijuana cigarettes and cigars, and embalming fluid use and its effects. Subjective analytical coding criteria were developed based on the principles of grounded theory (Glaser & Strauss, 1967). Coded data were assessed for behavioral patterns that became apparent as data were analyzed. Data that best illustrate analytical patterns were excerpted for presentation in the text below. In presentation of the data, the one or two-digit codes following data excerpts represent unique participant identifiers, such as (6) or (11).

PRESENTATION OF DATA What is Embalming Fluid? Embalming fluid, which is used in conjunction with marijuana or tobacco, is a compound of formaldehyde, methanol, ethyl

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alcohol or ethanol, and other solvents. The embalming fluid compound that we found on the streets, however, also contained PCP. Given these components, it is not surprising that the users we interviewed reported great euphoria or rage, psychedelic apparitions, sleepiness, and forgetfulness regarding many of their behaviors once the users recovered from the substance’s effects. In its purest form, formaldehyde is a simple organic molecule and exists only as a dilute vapor. While a relatively stable gas in moderate temperatures, formaldehyde spontaneously polymerizes at lower temperatures to form trioxane, a paraformaldehyde, from the linking of eight monomeric units. Above 300°C, it breaks down to form carbon monoxide and water. It is very unstable in water and also is photodegradable. For these reasons, it is marketed alone as formalin, an aqueous solution that is 37 percent to 50 percent formaldehyde by weight with 10 percent to 15 percent methanol added to prevent spontaneous polymerization (Bardana & Montanaro, 1991; Gullickson, 1990). Methanol, also called methyl alcohol or wood alcohol, is a volatile, pungent, poisonous, flammable alcohol used chiefly as a solvent, antifreeze and in the synthesis of formaldehyde and other chemicals. When consumed, methanol can cause poisoning. When inhaled, the substance has effects similar to other volatile inhalants. Embalming fluid is a compound liquid whose predominant components also include formaldehyde and ethyl alcohol or ethanol, the psychoactive ingredient in alcoholic beverages. In embalming fluid products, the percentage of formaldehyde can range from 5 to 29 percent; ethyl alcohol content can vary from 9 to 56 percent. Embalming fluid also can contain phenol, ethylene glycol, glutaraldehyde. While most of these components are both flammable and irritants, it is interesting to note that ethyl alcohol is a flammable, central nervous system depressant (Wessels, 1997; see also French, 1983). Despite the synthesis of chemicals which increases the stability of embalming fluid, safety instructions strictly direct its storage between the degrees of 35°F and 120°F (Wessels, 1997). The effects from exposure to embalming fluid include bronchitis, body tissue destruction, brain damage, lung damage, impaired coordination, and inflammation and sores in the throat, nose, and esophagus (Bardana & Montanaro, 1991; State of Connecticut, 1994a; Wessels, 1997). Purchasing embalming fluid on the street is rather difficult, likely because dealers can make substantially more money by selling individual fluid-soaked joints for $10-$20 each. Nevertheless, we purchased one, two-ounce sample of embalming fluid on the street from a drug dealer for $50. The substance was analyzed by both high temperature and low temperature gas chromatography/mass spectroscopy by Lewis Nelson, MD, of the Poison Control Center in New York. The low temperature version identified volatile solvents including methanol, and found ether and bromobenzene—both starting compounds in PCP (phencyclidine) synthesis. The high temperature analysis

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION expressly found phencyclidine components (Nelson, 1997a). Two samples obtained and analyzed in Connecticut found similar results (Pestana, 1997; State of Connecticut, 1994 a&b). It is important to realize that PCP is not a normal component of embalming fluid, rather an ingredient that has been added to the embalming fluid compound before its distribution on the street. This study could not confirm exactly when or who added PCP to the embalming fluid compound distributed on the street to make fry, although participant reports suggest that independent individuals add PCP to the embalming fluid compound between the stage at which it is diverted and when fry is sold on the streets (see pp. 7-8). Phencyclidine (PCP) is a dissociative anesthetic with hallucinogenic properties. The drug was previously used as an anesthetic in humans in the 1950s but discontinued because patients became agitated and disoriented after its use. The drug was also used in as an animal tranquilizer but discontinued in 1979. Illegal supplies on the street are manufactured in clandestine labs where supplies are of dubious quality and may contain impurities. Among drug users, PCP can be found as a pure white, crystal-like powder, tablet, capsule, or bitter-tasting, clear liquid that is consumed orally, injected, sniffed, or smoked on tobacco or marijuana products. The drug intensifies the effects of other depressants and can cause hallucinations, frightening “out of body” experiences, impaired motor coordination, depression, extreme anxiety, disorientation, paranoia, aggressive behavior and violence, seizures, and respiratory arrest. The drug can cause dependence, and is known on the street as angel dust, crystal, and horse tranquilizer among others (Johnson, 1997). The use of marijuana dipped in PCP-laced embalming fluid was reported in the early 1970s in and around Trenton, New Jersey (French, 1983). More recently, use of the substance was reported in Hartford and the surrounding state of Connecticut (Capers, 1994; Borrero, 1996). Known there as “illy” (from “Philly” Blunts cigars, or from the knowledge that the combination can make one “ill”) or “clickems,” the epidemic peaked in 1993-1994. Use by adolescents became so problematic that one gang, the Latin Kings, asked the State Department of Public Health to intervene (Pestana, 1997). Concurrently in 1994, reports to the National Institute on Drug Abuse’s Community Epidemiology Work Group from Philadelphia and Washington, D.C. indicated that the increased use of PCP was associated with the growing use of marijuana cigarettes and marijuana-laced cigars, increasingly laced with PCP. At the same time, Los Angeles reported PCP-sprayed tobacco, parsley, or marijuana, and Chicago reported the use of “sherm sticks,” cigarettes dipped in PCP and “happy sticks,” home-rolled marijuana or tobacco cigarettes sprayed with PCP. PCP was known on the street as “water” (NIDA, 1994). In New York City, PCP was sprinkled on mint or parsley leaves and sold by the bag, while dealers allowed individuals to dip a cigarette into a small container of embalming fluid for $20 per dip (Frank & Galea, 1994, pp. 152-153). Whether the New York embalming fluid itself contained PCP is unclear.

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Use of the PCP-laced embalming fluid and marijuana combination has also reached Texas. In a 1994 survey of youth entering Texas Youth Commission facilities, 3.8 percent reported ever using “wack/fry,” while 2.3 percent of participants reported using the substance within their last month of freedom (Fredlund, Farabee, Blair, & Wallisch, 1995, p. 22). In Houston, the use of “marijuana cigarettes laced with embalming fluid” appeared in the news in 1992. At that time, it was reported that users had turned to the substance because of increased police surveillance regarding cocaine and crack use (Milling, 1992). These treated joints or cigarettes are called most frequently “amp,” “fry,” or “water-water” (see also Elwood, 1997). Less common names include “formaldehyde,” “wet-wet,” “wetdaddy,” and “drank.” Street names apparently have become so commonly used that they have usurped the chemical names. One participant swore she smoked fry, not marijuana and embalming fluid, because, “I’ve heard what that stuff [embalming fluid] can do, and I’m not going to touch it” (6). Reports of the effects of consuming marijuana soaked with the embalming fluid compound are consistent with the effects of tetrahydrocannabinol or THC (the primary psychoactive ingredient in marijuana), PCP, and the chemicals in embalming fluid. It is surprising, however, that none of the adolescents we interviewed listed PCP as one of the psychoactive components in fry, although the hallucinations they reported could not have been the results of the other components. When asked specifically what components they thought caused the effects they recounted, participants listed marijuana and formaldehyde. When asked what other substances they thought were contained in embalming fluid, not one participant listed PCP or any other psychoactive substance. Participants did, however, suspect that embalming fluid was diluted, because, “They cut everything” (17). The most commonly mentioned substance for diluting was an essential substance: “Well, you know they’re cutting it with something. Why do you think they call it ‘water’?” (11). Embalming Fluid and Marijuana: How is the Combination Distributed? Although we were able to purchase a small, two-ounce bottle of embalming fluid on the street for $50, most young people we interviewed purchased “fry sticks,” marijuana joints dipped in embalming fluid laced with PCP, or “fry sweets,” Swisher Sweets or Philly Blunt cigars in which the tobacco is replaced with marijuana and dipped in embalming fluid laced with PCP. The price for fry sticks is $10 per joint, also called a “square,” and $15-$20 per Swisher Sweet. One purchases “fry sticks” (treated joints) and “fry sweets” (treated Swishers) at the “fry house,” a neighborhood house usually used only for drug sales. These establishments are frequently furnished; some adolescents choose to stay and smoke their purchases, particularly if the fry house has video games. The negative aspect of consuming one’s purchase at the fry house is that one is expected to share a fry stick with other drug users. Given this community norm, many young

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION people we interviewed chose to purchase their fry sticks and go elsewhere to smoke, particularly if they had planned to share the fry stick with select others. To make fry sticks, an individual places a number of joints or Swishers (marijuana-laced cigars) on a tray or grate. Having poured embalming fluid into a larger-sized container (e.g., washtub, small aquarium), the dealer dunks the fry sticks into the solution until they are completely saturated. Once the fry sticks have drained sufficiently, and the drainage has been returned to the vat, the sticks are wrapped in aluminum foil until purchased. Purchasers frequently find enough drainage on the aluminum foil to treat another joint on their own. An alternate method of selling fry sticks involves dipping the joint or Swisher into a small jar of embalming fluid upon purchase; if a dealer likes a purchaser, he also might dip a ready-made fry stick into a jar for an additional dose. Only three participants, however, mentioned this perquisite (1, 6, 8). Dealers reported similar preparation processes, and also reported diluting the embalming fluid they purchase with ethyl alcohol or water. According to two participants whose friends sold fry sticks, dealers obtain embalming fluid from distributors on Houston’s Near North Side, a working-class neighborhood populated mostly with African American and Hispanics, which also has a fair share of commercial strips, warehouses, and industry. These dealers pay individuals who bring them embalming fluid, generally people who work in hospital or government morgues, and funeral homes (6, 11). This conduct is corroborated by reports from individuals who work in morgues and funeral homes, who informed us that they siphoned small quantities of embalming fluid from 55-gallon drums. When we asked independent and chain funeral home directors about embalming fluid thefts or diversion, they reported that no such activity occurred at their respective establishments. They had received reports from professional associations or fellow directors, however, warning them of the possibility. Two participants, however, reported break-ins at funeral homes and theft of embalming fluid (6, 17). Some directors reported receiving requests from women who wanted to purchase small quantities for their fingernails; they reported denying all such requests (see also Milling, 1992). Consistent with those reports, funeral home employees also rebuffed all telephone or in-person inquiries to purchase embalming fluid by the investigator and one colleague. Women who reported diverting embalming fluid reported keeping some of it to use on their fingernails, as women from many racial/ethnic communities believe that embalming fluid strengthens fingernails. And, many commercial products sold to strengthen fingernails contain formaldehyde. They also said that they shared some with friends and relatives, sold it to nail salons, and gave it to their boyfriends, husbands, or spouses. Men who reported diverting embalming fluid stated that they would sell it “to some guys off North Main” street (2). A logical, if unanticipated, method to obtain embalming fluid is through legal purchase. Indeed, an 18-year-old Hispanic male told us that “some stores actually sell it. You tell ’em it’s for

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science class” (11). We used one Anglo male and two females (Anglo and African American) in their 30s to telephone chemical companies to inquire about purchasing formaldehyde. Chemical company representatives stated that they would not sell the substance to individuals. Given women’s requests of funeral homes for formaldehyde, we sent the two women to call on chemical companies to see if they could purchase formaldehyde without making previous telephone inquiries. On their first stop, these women inadvertently called on a chemical firm’s corporate office. The receptionist inquired as to the women’s interest in purchasing formaldehyde; they responded with the desire to use formaldehyde on their fingernails. The receptionist gave these women the phone number of the firm’s warehouse and allowed them to phone from the corporate office. Warehouse personnel offered, without question, to sell the women a 55-gallon drum of formaldehyde. When the women responded that such a drum would not fit in their sedan, warehouse personnel gave them the telephone number of a retail chemical seller to whom they sold formaldehyde in large quantities. At this last establishment, the clerk asked one woman her name, which she placed on the cash receipt, and sold her a one-gallon jug of formaldehyde for $13.95 plus tax. This clerk followed OSHA procedures and provided the customer with a material safety data sheet; however, she did not request identification or any other information regarding this purchase. Regrettably, we were unable to interview the underground distributors reported to be on Houston’s Near North Side; however, it is suspected that the distributors add PCP to embalming fluid at this step. Neither the people who diverted embalming fluid nor the fry stick dealers reported adding any psychoactive substances to the solution. Oddly, the street dealers did not suspect the presence of any substances in embalming fluid. In fact, the only substance participants thought provided a psychoactive effect was formaldehyde. Clearly the inclusion of PCP, methanol, and ethyl alcohol in the embalming fluid cocktail are three of the secrets kept regarding the consumption of marijuana with embalming fluid in Houston. Who Uses Fry? For this report, 20 adolescents who had smoked embalming fluid at least once in the month prior to their participation were interviewed. Of these, six were Anglo, eight were African American, and six were Hispanic. Eleven males and nine females were interviewed; 10 were between the ages of 15 and 17, and 10 were between the ages of 18 and 22. Many of the African Americans we interviewed believed that fry was a “Black thing” (4), or a substance smoked mainly by “hoodlums” (9) and gang members. According to a 16-year-old African American female, “All the kids in Third Ward smoke it; you can even get it at school” (1). Unlike their African American counterparts, however, Anglo and Hispanic adolescents were more likely to believe that fry was something most young people smoked or at least tried: “Kids are just more likely to try stuff, unlike old folks,” according to a 16-year-old Anglo female (7).

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Fry also appears to be used by adolescents with substantial drug histories. For example, the 16-year-old female who said kids just want to try new drugs reported that the first substance she used was tobacco at age seven and had her first drink of alcohol, Jack Daniels, on her own at age 11. She smoked at least two packs of menthol cigarettes and drank at least three, 40-ounce bottles of beer per day (7). A 20-year-old African American male started smoking cigarettes at 15, drinking 40-ounce bottles of beer at 16, and smoked at least one pack of cigarettes per day and three, 40-ounce bottles of beer on 15 of the last 30 days (10). All of the participants had smoked marijuana at least regularly before smoking fry sticks. Other substances consumed by these individuals include primos (marijuana joints plus crack or cocaine), cocaine, crack, heroin, inhalants, depressants, tranquilizers including Valium and Rohypnol, cold medicine (e.g., Nyquil), non-prescription cough syrup, and cough syrup with codeine. Most participants could explain precisely how to roll a joint or to make a Swisher, although most dealers currently sell ready-made joints and Swishers. Participants stated, however, that the quality of ready-made joints and Swishers paled compared to those that they or their friends made. The following description of making Swishers was corroborated by at least 10 descriptions. First, one must obtain a package of cigars. Swisher Sweets is the preferred brand among these adolescents because of its sweet taste; however, King Edward or Philly Blunt brands are acceptable substitutes. Minors either knew which convenience stores would sell to them, or usually could find adults—friends, acquaintances, or even strangers about to enter the store—to purchase cigars for them. Second, one slices a straight line down the cigar with a razor blade, opening the cigar to remove the tobacco. Third, once the tobacco is removed, one refills the cigar paper with marijuana one of two ways. A few of the smokers who were interviewed did not like the taste the tobacco residue imparts on the marijuana; these individuals re-rolled the cigar in reverse—having the outside of the newly formed cigar be the side of the paper that once touched tobacco. Most of those interviewed, however, simply re-rolled the cigar the way it was originally made and licked both edges to reseal the cigar. To make a candyblunt, a cigar filled with marijuana plus codeine cough syrup (see also Elwood, 1997), participants either poured the syrup onto the marijuana before rolling the cigar, or they coated the outside of the paper once the cigar was re-rolled. If the latter method is used, the cigar must be dried before consuming. Participants listed microwave cooking the cigar for 30 seconds, holding the cigar under a lighter, or simply waiting as means to dry the cigar. Adolescents who liked the combination but found the drying method too cumbersome reported simply drinking cough syrup while smoking the Swisher. Among the benefits of a syrup-dipped and dried Swisher marijuana cigar were the extended burning time, deeper relaxation, and euphoria. How is Fry Consumed? Fry is generally consumed in a small group of three to five

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people. As one participant said, “You don’t want to be alone when you smoke this” (7). At least 10 participants expressly stated that they usually drink alcohol when they smoke fry. According to a 17-year-old Hispanic female, drinking beer “increases the numbing sensation” that embalming fluid and marijuana provide (5). Other alcoholic beverages mentioned include Cisco (fortified wine); Alizé, the brand name for a bottled blend of passion fruit juice and cognac; and “thug passion,” Alizé self-mixed with Hennessy cognac (1-3, 6, 17-20). Alizé and thug passion were mentioned only by African Americans; beer, usually in 20- or 40-ounce bottles, was the most frequently mentioned alcoholic beverage consumed with fry, regardless of race/ethnicity. Marijuana was used extensively in fry; tobacco use was cited only as a substitute due to lack of money. What are the Immediate Effects? Respondents report that the actual smoking of fry is not a pleasant experience. According to one participant, it “tastes like rubbing alcohol” (2) and “smells like gasoline” (5). Other descriptions included “nasty” (10), “dirty” (8), “like chemicals” (12), and “I just don’t know, but I don’t like it” (19). Reported highs lasted between 30 minutes to one hour, “two hours if you don’t share too much” (10). The high for a 20-year-old Hispanic male who smoked one fry stick by himself lasted five days (14). These extended periods may be due not only to the embalming fluid mixture and the number of comrades who shared it, but also to the fact that a joint or cigar treated in embalming fluid burns more slowly than one that was not treated, according to seven respondents. Respondents thus have longer opportunities to absorb the THC, solvents, and PCP. Toxic psychosis, hallucinations and delusions, is a common effect of the PCP-embalming fluid-dipped marijuana combination (see also State of Connecticut, 1994 a&b). Hallucinating was the effect mentioned by 12 of the 20 participants in this study. They reported seeing “colors and designs” (1, 2, 3, 6, 12), and “things that aren’t there” (10). Perhaps because fry makes one “messed up” and forgetful (5, 9, 10, 19), these adolescents found it difficult to describe their hallucinations in detail. Nevertheless, they mentioned seeing “really cool images” (15), such as a “yellow sky, purple clouds, [and] red trees” (6), “like fireworks” (18). Another description of these “really cool images” was seeing “light pinks and purples, yellows, and dots, which kept stretching like it all was chewing gum” (17). Participants admitted that the psychoactive effect was “a trip” (10), “like tripping . . . [an] altered reality” in which the “walls moved” (16). One 20-year-old Hispanic male put it succinctly: “It can’t compare to LSD, though” (14). Although these participants listed and described hallucinations as one of the effects from smoking fry, not one suspected that there was a hallucinogenic psychoactive substance in the embalming fluid compound. Those interviewed attributed all additional effects—other than those normally associated with plain marijuana consumption—to the embalming fluid itself. Negative effects of fry included feelings of panic, paranoia,

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION and disorientation (6, 14, 15)—one reason why participants indicated that fry should not be smoked alone. Smoking fry in groups did not prevent respondents from engaging in embarrassing behavior, however. Four participants reported taking off their clothes and running naked down the street (1-3, 6). Intense anger was also cited: “I was hot, mad, aggravated, trying to hold back my frustration” (17). In response to this anger, respondents reported engaging in or witnessing serious physical confrontations (1-3, 6, 11, 17). A Hispanic female reporting attacking her mother with a knife while on fry; unable to restrain her, the young woman’s family called the police. The girl awoke two days later in the Harris County Psychiatric Center, naked, restrained, and disoriented. She told her treatment providers that she had smoked embalming fluid. As neither she nor the treatment staff likely knew that fry also contained PCP, they did not prescribe anti-psychotic drugs for her, and the young woman had to endure her detoxification without assistance from prescription medication. Smoking fry can also lead to losing consciousness (4). This effect may be why two respondents expressly described fry as a “dangerous drug” (20), “especially for a girl” (14). According to a Hispanic male, fry “can control a girl, more than roofies [Rohypnol]” (14). Two participants stated that fry heightens women’s sexual appetites (6, 14), while one reported witnessing group sex with one female who had smoked fry (14). Moreover, one 19-year-old African American male participant reported that young women traded sex for fry sticks (6). Less frequently mentioned effects were making the brain hurt (6), making one feel methodical rather than angry (9), and numbing the entire body (11), although many participants reported numbing of the lips as a minor side effect from smoking fry.

What are the Short-Term Effects? The most frequently mentioned short-term effect was blurred or impaired vision (4, 5, 17, 19, 20), a symptom that begins during the “high” and frequently endures into the next day. One participant stated that his depth perception was so impaired that he walked right in the path of a Cadillac. Apparently, he thought he was farther away from traffic than he actually was (17). Another short-term effect is a headache the day following fry consumption. According to participants, the headache is worse than one from a hangover, and more difficult to overcome (5, 11, 12). They are all too knowledgeable regarding why they endure headaches: “After all, I know why they call it fry—it fries your brain!” (2). Increased forgetfulness the following day also was cited. This shortterm memory loss was described as even more extensive than after smoking marijuana alone (1, 2, 5, 9). Vomiting, depression or sadness, and facial/bodily edema also were reported.

What are the Long-Term Effects In commonplace parlance, the long-term effects of smoking fry are not pretty. Participants recalled seeing long-term fry smokers who muttered to themselves as they walked in bizarre fashions (1, 3, 17, 18, 19). Such fry-impaired individuals also ceased their personal grooming habits and were dirty and disheveled. Five adolescents reported that smoking fry causes brain damage; two knew friends who were in mental health/mental retardation facilities because they had overdosed on fry use (9, 19). One friend had smoked enough fry sticks to consume three, one-ounce bottles of fry and was sent to a state mental facility in Rusk county. Two additional long-term effects were that the embalming fluid “accumulates in the spinal cord” and makes the “back break down” (10).

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Apparently, it also “stops the maturation process” (11). Additional effects listed by the State of Connecticut include high fever, heart attacks, high blood pressure, kidney damage, destruction of muscle tissue, brain damage, coma, convulsions, coughing, pneumonia, anorexia, and death. Consistent with adolescents’ optimistic bias regarding health beliefs, none of the respondents believed that they would suffer from any of these effects.

DISCUSSION The consumption of marijuana with a PCP-laced embalming fluid compound clearly has become problematic among adolescents in Houston. Not the least of the problems involved with the consumption of this substance is that young people do not know exactly what they are consuming. This may account for their surprise at “tripping” upon consuming fry, and for the frustration of treatment providers to care adequately for adolescents who either overdose or who present for treatment (Nelson, 1997b; Pestana, 1997; Taggart, 1997). One positive note is that fry does not appear to be a gateway drug to other illicit drug use among these Houston adolescents. All participants had used at least tobacco, alcohol, and marijuana before smoking fry; many had experimented previously with other drugs including cocaine, crack, heroin, LSD or acid, and prescription medicines purchased on the street. This trend is different from the “illy” epidemic in Hartford, in which the substance was promoted to elementary school children as an introduction to drug use, according to Pestana (1997). Furthermore, illy was promoted by dealers as a marijuana cigarette laced with embalming fluid and PCP. In contrast to Houston users, at least Connecticut adolescents and children knew more exactly what they were smoking. To recognize signs of fry consumption, parents, teachers, and social service providers may look for elevated levels of anger and forgetfulness among adolescents. Reports of increased fighting, and even physical signs such as bruises and sores may suggest the use of fry by adolescents. Clearly such adults should not attempt to handle episodic rages and physical violence independently. Such behavior should be handled as psychotic episodes, including informing law enforcement or health care providers that the individual likely has consumed a large amount of PCP. Reports of group sex and of trading sex for fry sticks, while infrequent, is troublesome. Increased rates of syphilis, gonorrhea, and even HIV infection among teenagers in Houston has increased throughout this decade (Houston HIV Prevention, 1997). Increases in the use of fry and in the incidence of sexual intercourse in relation to the substance may facilitate the increased transmission of STDs, including HIV, among young people.

STUDY LIMITATIONS There are two limitations regarding this study. First, readers should be advised that the small convenience sample used for this study might not reflect the use of fry among all adolescents in the Houston metropolitan area. Participants were mostly Anglo, Hispanic, and African American street youth recruited in the Montrose area, and African American adolescents from the Third Ward and South Park neighborhoods. These data may not be generalizable to other adolescents regardless of renegade or traditional lifestyles. However, these qualitative data do suggest an emerging drug trend; more extensive research may uncover whether Texas is poised for a fry epidemic similar to that experienced in Connecticut. Second, reports of distributing embalming fluid could not be substantiated by any individuals actually engaged in such trading. This stage in the embalming fluid distribution process is surmised from

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION reports by people who smoke fry and/or divert embalming fluid. As PCP is not a normal component in embalming fluid, and as street sellers and smokers reported ignorance of PCP as an ingredient, it is only an assumption that the reported distributors on the Near North Side are the individuals who add PCP to the fluid before selling it to street dealers.

IMPLICATIONS Implications for action should be tempered with the limitations mentioned above. Nevertheless, treatment alerts should be issued to drug treatment and detoxification providers that drug users who report smoking marijuana or tobacco soaked in embalming fluid likely also consumed PCP, even if they deny or do not report it. Such alerts also should include recommendations to treat extreme behaviors such as those mentioned above with anti-psychotic medications such as haloperidol and sedatives such as diazepam (Valium). While it is unclear whether the use of fry has become so extensive that it warrants a broadly based campaign as in Connecticut, it is clear that education about this substance is necessary so that the general public is informed of this dangerous additive in some marijuana cigarettes. Marijuana smokers need to know that adulterated marijuana may contain another, hazardous substance that can put them at extreme, immediate risk of adverse effects. At the very least, fry smokers who receive treatment should be informed that they also have consumed PCP. Many of the problems involved with smoking fry may stem from incomplete or misinformation. For example, one participant knew the dangers of smoking embalming fluid but did not know that fry was the same substance; none of the participants knew or cared about the ingredients in fry. Additionally, there is a need for more stringent controls of embalming fluid and its component chemicals. Nevertheless, this report serves as a first step toward informing the public about this dangerous pattern of use, and alerting medical and mental health professionals to provide appropriate treatment.

LITERATURE CITED Bardana, E. J., & Montanaro, A. (1991). Formaldehyde: An analysis of its respiratory, cutaneous, and immunologic effects. Annals of Allergy, 66, 441-452. Borrero, M. (1996, January 3). Illy: Dangerous new street drug. The Hartford Courant, A9. Capers, R. S. (1994, April 5). Latin Kings join in warnings about new drug use. The Hartford Courant, A7. Elwood, W. N. (1997). Boy and girl are back in “the Bottom,” and other substance abuse trends in Houston. In Texas Commission on Alcohol and Drug Abuse (Ed.), Current trends in substance use: Texas 1997 (pp. 93-102). Austin: Texas Commission on Alcohol and Drug Abuse. Frank, B., & Galea, G. (1994). Current drug use trends in New York City. In Epidemiologic trends in drug abuse. Community Epidemiology Work Group, June 1994. Vol. II: Proceedings. (pp. 145-153). Rockville, MD: National Institute on Drug Abuse. Fredlund, E. V., Farabee, D., Blair, L. A., & Wallisch, L. S. (1995). Substance use and delinquency among youths entering Texas Youth Commission facilities: 1994. Austin, TX: Texas Commission on Alcohol and Drug Abuse. French, John. (1983). The drug scene in Newark. In Trends, patterns, and issues in drug abuse. Community Epidemiology Work Group Proceedings: Vol. II (pp. 1-6). Rockville, MD: National Institute on Drug Abuse.

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Friedman, S. (1986, March 8). “Sky” high: Embalming fluid’s popularity as a drug a dangerous trend. Houston Chronicle, sect. 1, p. 22. Glaser, B. G., & Strauss, A. L. (1967). The discovery of grounded theory: Strategies for qualitative research. Chicago: Aldine Publishing Company. Gullickson, G. M. (1990). Formaldehyde. In K. R. Olson (Ed.), Poisoning and drug overdose (pp. 160-161). Norwalk, CT: Appleton & Lange. Houston HIV Prevention Community Planning Group. (1997, September). City of Houston 1998 HIV prevention comprehensive plan. Houston: Houston Department of Health and Human Services. Johnson J., Maxwell, J., & Leitnerschmidt, M. (1997). A dictionary of slang drug terms, trade names, and pharmcological effects and uses. Austin: Texas Commission on Alcohol and Drug Abuse. Johnson, K. (1997, August 6). Report: Youth marijuana use shows slight decline. USA Today, 3A. Lincoln, Y. S., & Guba, E. G. (1985). Naturalistic inquiry. Newbury Park, CA: Sage Publications. Liu, L. Y. (1997, Spring). 1996 Texas school survey of substance use among students: Grades 7-12. Austin: Texas Commission on Alcohol and Drug Abuse. Mathias, R. (1997, March/April). Marijuana and tobacco use up again among eighth and tenth graders. NIDA Notes, 12-13. Maxwell, J. A. (1996). Qualitative research design: An interactive approach. Thousand Oaks, CA: Sage Publications. Milling, T. J. (1992, February 29). Pressure on cocaine traffic pushes abusers to a new high: Dopers said to be smoking pot laced with embalming fluid. Houston Chronicle, C9. Murdock, G. P., Ford, C. S., Hudson, A. E., Kennedy, R., Simmons, L. W., & Whiting, J. W. M. (1985). Outline of cultural materials (5th edition). New Haven, CT: Human Relations Area Files, Inc. National Institute on Drug Abuse. (1994, June). Epidemiologic trends in drug abuse. Vol. I: highlights and executive summary (pp. 64-65). Rockville, MD: National Institute on Drug Abuse. Nelson, L. (1997a, October 31). Report on analysis of embalming fluid sample by official of the New York Poison Control Center. [email protected]. Nelson, L. (1997b, October-December). E-mail conversations with official of Bellevue Hospital and the New York Poison Control Center. [email protected]. Parker, R. G., & Carballo, M. (1990). Qualitative research on homosexual and bisexual behavior relevant to HIV/AIDS. Journal of Sex Research, 27, 497-525. PCP (Phencyclidine). (1997, September). NIDA Capsules. National Institute on Drug Abuse. www.nida.nih.gov/NIDACapsules/ NCPCP.html PCP-dipped marijuana turns teenagers into “zombies.” (1996, January 27). Houston Chronicle, sect. 1, p. 9. Pestana, E. (1997, November-December). Telephone conversations with Connecticut public health official who coordinated campaign against embalming fluid use. State of Connecticut, Department of Public Health and Addiction Services (1994a). Illy contains embalming chemicals that will poison you! [brochure series]. Hartford, Ct: Department of Public Health and Addiction Services. State of Connecticut, Department of Public Health and Addiction Services (1994b). Letter to Emergency Medical Department Directors on the “Illy” Epidemic. Stinebaker, J. (1994, December 5). New drug “fry” starting to sizzle in popularity. Houston Chronicle, A15.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Swartz, M. K., & Moriarty, A. L. (1996). What’s “new” in street drugs: “Illy.” Journal of Pediatric Health Care, 10, 41-43. Taggart, M. (1997). Telephone conversations regarding symptoms and treatment of fry-using adolescents at the Texas Youth Commission intake facility, Marlin. Tschirgi, T. (1990). General information about phencyclidine. [Web site]. Center for Substance Abuse Research, University of Maryland Office of Substance Abuse Studies. www.bsos.umd.edu/cesar/pcp.html.

Wessels, L. W. (1997, November 18). Material safety data sheets on embalming fluid products. Pleasant Ridge, MI: Wessels and Associates. Zuniga, J. A. (1993, September 25). Man gets a life term for shooting spree. Houston Chronicle, A32. (From:

http://www.tcada.state.tx.us/research/fry.html)

JUDGES STAY BARGAINING RULING PETER G. CHRONIS Denver Post Staff Writer

July 11 – The 10th U.S. Circuit Court of Appeals on Friday suspended until November a ruling that made it illegal for federal prosecutors to plea bargain with witnesses in exchange for testimony. The July 1 ruling by a three-judge court panel was set aside pending a November hearing by the full 12-member court. In a statement, U.S. Attorney Henry L. Solano said he was happy with Friday’s decision. “It means our assistant U.S. Attorneys can continue the important work of our office without delay,” he said. But at least one local attorney predicted prosecutors will still be careful about making such deals for the time being. “Nobody is going to sleep well until the 10th Circuit rules,” said Larry Pozner, a local defense attorney. All lawyers in criminal practice will be “cautious until we get further guidance from the court.” The July 1 decision had sent shock waves through the U.S. Justice Department, which saw the ruling as potentially hobbling federal law enforcement by denying it a critical weapon in criminal investigations. Veteran federal prosecutor Jim Allison, asked what the ruling’s impact would be, had replied: “One word: Nuclear.” Many legal observers have said the ruling, if it ultimately stands, could affect the convictions of Oklahoma City bomber Timothy McVeigh and conspirator Terry Nichols because a former accomplice, Michael Fortier, testified as a key witness in exchange for a plea bargain. On Friday, the appeals court, acting on “its own motion,” ordered that the case that spawned the ruling, United States of America vs. Sonya Evette Singleton, be reheard. The use of the phrase “its own motion” may be indicative of

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disagreement among court members about the panel’s initial decision. The U.S. Department of Justice had also appealed the decision on Thursday. The Singleton decision had sent Colorado’s federal prosecutors reeling. Earlier this week, Solano’s office asked U.S. District Judge Richard Matsch to dismiss charges against three alleged bank robbers because the case was based on testimony of two informants who had plea-bargained. Matsch persuaded the prosecutors to delay the dismissal, saying it was uncertain that the full appeals court would agree with the three-judge panel. The Singleton ruling was handed down by Chief Judge Stephanie Seymour and Judges David Ebel and Paul Kelly in a drug case out of Kansas. The decision decried “the ingrained practice of buying testimony.” The case involved a drug-trafficking ring that operated between Wichita and California. The case against Sonya Singleton was based largely on testimony of another member of the group, who wasn’t specifically promised a reduced sentence but was told that he wouldn’t be prosecuted for other violations in connection with the case and that the judge and parole board would be advised of his cooperation. The opinion, written by Kelly, noted that federal law says that anyone who directly or indirectly “gives, offers or promises anything of value to any person for or because of testimony ... shall be fined ... or imprisoned for not more than two years, or both.” That law applies to prosecutors, Kelly wrote. “One of the very oldest principles of our legal heritage is that the king is subject to the law,” he wrote.

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APPEALS COURT RULES ON PRODUCTION QUANTITIES, ASSIGNMENT OF QUANTITIES TO CO-CONSPIRATORS United States Court of Appeals for the Eighth Circuit

Before RICHARD S. ARNOLD,(1) Chief Judge, McMILLIAN and MAGILL, Circuit Judges.

Nos. 96-3542EM, 96-3584EM, 96-3732EM, 97-2196EM No. 96-3542EM United States of America, Appellee, v. William Fred Coleman, Jr., also known as William Coleman, Appellant.

William Coleman, Stacey Gessaman, Mark Ward, and Thomas Whitehurst appeal the sentences they received for methamphetamine manufacture and related crimes. For the most part, we affirm the sentences imposed by the District Court.(2) We remand Coleman’s case for resentencing using his correct Criminal History Category.

I. FACTS

No. 96-3584EM United States of America, Appellee, v. Mark D. Ward, Appellant. No. 96-3732EM United States of America, Appellee, v. Tom Leroy Whitehurst, Appellant. No. 97-2196EM United States of America, Appellee, v. Stacey Anne Gessaman, Appellant. — ORDER On the court’s own motion, the panel opinion is amended. The clerk is directed to file the panel’s amended opinion and attach a copy of it to the order. May 20, 1998 Order entered at the direction of the Court: Clerk, U.S. Court of Appeals, Eighth Circuit —

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RICHARD S. ARNOLD, Chief Judge.

In early 1995, law enforcement officials in Missouri were alerted that William Austin was purchasing suspiciously large amounts of iodine. Upon detention and a promise of immunity from prosecution, Austin admitted that he was buying the iodine for use in the manufacture of methamphetamine. He implicated Coleman, Gessaman, Ward, and Whitehurst in operating a methamphetamine laboratory at a farmhouse rented by Whitehurst and Gessaman in Sullivan, Missouri. After a controlled delivery of iodine by Austin to the farmhouse, FBI agents obtained a warrant to search the farmhouse. On December 23, 1995, they surrounded the farmhouse. An FBI negotiator left a message on the answering machine that the house was surrounded, the warrant would be executed, and the occupants of the house should vacate immediately. A second call was answered by Whitehurst, to whom these directions were repeated. During the conversation, Whitehurst was heard instructing others within the farmhouse to destroy evidence of drug production. After about 12 minutes, Coleman, Ward, and Whitehurst came out of the farmhouse. As they were leaving, smoke started to come out of the area of the farmhouse alleged by Austin to contain the methamphetamine laboratory. Eventually, the whole farmhouse burned down. After the fire, the FBI found weapons, laboratory equipment, and residual amounts of ephedrine, iodine, and red phosphorus, which are methamphetamine ingredients. The appellants were indicted on this evidence and Austin’s testimony. Coleman, Ward, and Whitehurst were convicted of conspiracy to manufacture methamphetamine, 21 U.S.C. § 846 (1994) (Count I); use of fire and explosive material to destroy property used in interstate commerce, 18 U.S.C. § 844(i) (1994) (Count II); and destruction of property to prevent seizure of evidence, 18 U.S.C. § 2232(a) (1994) (Count III). Whitehurst was convicted of three additional counts: possession of firearms by a convicted

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION felon, 18 U.S.C. §§ 922(g), 924(a)(2) (1994) (Counts IV and VI); and possession of ephedrine with the intent to manufacture methamphetamine, 21 U.S.C. § 841(d)(1) (Count V).(3) Gessaman pleaded guilty to conspiracy to manufacture methamphetamine, 21 U.S.C. § 846 (1994). At sentencing, the District Court found that the conspiracy had produced at least 16.67 kilograms of methamphetamine, which corresponded to a base offense level of 36. For their burning of the farmhouse, Coleman, Ward, and Whitehurst received two-level enhancements for obstruction of justice. Whitehurst received a further four-level enhancement for his leadership role in the conspiracy. The District Court sentenced Coleman to 262 months, Ward to 235 months, and Whitehurst to life. Gessaman received a two-level enhancement for related weapon possession, and a three-level decrease for acceptance of responsibility. She was sentenced to 168 months in prison. Coleman, Ward, and Whitehurst received additional, concurrent sentences. Each was sentenced to 240 months on Count II and 60 months on Count III. Whitehurst also was sentenced to 120 months for Counts IV-VI of his conviction. At issue are the District Court’s determination of methamphetamine quantity produced by the conspiracy; its attribution of the total amount to each individual defendant; its application of role-in-the-offense and other adjustments to the base offense level; and its determination of Coleman’s Criminal History Category. Additionally, Coleman and Ward argue for retrials, because of the ineffective assistance of trial counsel and alleged errors by the District Court, respectively. Finally, Whitehurst and Gessaman object to the use against them of weapons and drugs seized during a traffic stop in 1994, as evidence in Whitehurst’s trial and as the basis for an enhancement in Gessaman’s sentencing. We address each issue in turn.

II. DETERMINATION OF METHAMPHETAMINE QUANTITY ATTRIBUTABLE TO THE CONSPIRACY Because the physical evidence of methamphetamine production consisted of preliminary ingredients, the District Court had to approximate the quantity of finished product for which the defendants would be sentenced. U.S.S.G. § 2D1.1, commentary n.12 (1997). Its calculation began with 81.5 pounds of iodine, which Austin had testified to purchasing for the operation. It then applied what Austin had testified to be the defendants’ formula for methamphetamine: three parts ephedrine to two parts iodine to one part red phosphorus. The Court then took into account the practicalities of the manufacturing process and made a conservative estimate of ultimate production. The defendants challenge each step of the calculation. We uphold the District Court’s determination of methamphetamine quantity. We review a district court’s determination of drug quantity for clear error. United States v. Sales, 25 F.3d 709, 711 (8th Cir. 1994). “Defendants who challenge the sentencing court’s determination of drug quantity face an uphill battle on

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appeal, because we will reverse a determination of drug quantity only if the entire record definitely and firmly convinces us that a mistake has been made.” Id. First, the District Court’s reliance on Austin’s testimony, which provided the beginning amount of iodine as well as the formula used to extrapolate the amount of resultant methamphetamine, was not clear error. Determinations of witness credibility are virtually unreviewable. United States v. Adipietro, 983 F.2d 1468, 1472 (8th Cir. 1993). The District Court considered Austin’s lengthy criminal history and serious drug abuse, and its possible effects on his mental acuity, but concluded there was nothing to indicate that, at the time of trial, Austin “suffered any impairment of memory; of cognition; or of perception or reasoning to the extent that his testimony is rendered unreliable.” Whitehurst Sentencing Tr. at 103 (October 10, 1996). We note that the District Court did not credit Austin’s testimony entirely; 81.5 pounds represented only part of the total iodine Austin testified to purchasing. As to the “3-2-1” formula, the District Court found that Austin’s testimony bore “more than a ring of truth”and was supported by “ample information.” Id. at 105. We defer to the District Court’s evaluation of Austin’s credibility. The District Court’s use of iodine quantity to calculate methamphetamine quantity and its computation of yield also were not clear error. The defendants argue that, because iodine is used as a reagent (in excess) rather than as a precursor (in fixed proportion), iodine quantity bears no fixed relationship to resultant methamphetamine quantity. They also urge that the specific capacities of the farmhouse lab allowed only an inefficient yield, less than a 100% theoretical yield. The District Court heard extensive expert testimony on these issues at trial and at sentencing, from two chemists for the government and one for the defense. Further, Austin testified to the particular formula used by the defendants, which specified the relative proportions of chemical ingredients and thus eliminated the alleged indeterminacy. Using this formula and an iodine amount of 82 kilograms, even a yield assumption of 50 to 55% would have resulted in 60 pounds, or 27 kilograms, of methamphetamine. Whitehurst Sentencing Tr. at 116 (October 9, 1996). The District Court’s use of 16.67 kilograms for sentencing was therefore conservative, and not clearly erroneous.

III. DETERMINATION OF METHAMPHETAMINE QUANTITY ATTRIBUTABLE TO INDIVIDUAL DEFENDANTS We reject the assertions that Coleman, Gessaman, and Ward should not be held responsible for the full amount of methamphetamine produced by the conspiracy. Coleman claims that his late entry into the conspiracy — allegedly in 1994, over a year after the conspiracy was determined to have begun — should have been reflected in a reduced drug quantity for sentencing. However, in 1995 alone, the conspiracy purchased an estimated 60 pounds of iodine, which, using the District Court’s method of calculation, would have yielded

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 12.27 kilograms of methamphetamine, leaving the base offense level unchanged. U.S.S.G. § 2D1.1 (1995) (Level 36 offense level applies to methamphetamine quantities of 10 to 30 kilograms).(4) Gessaman and Ward assert that they did not agree to “jointly undertake” the production of the total amount of methamphetamine, nor was that amount “reasonably foreseeable” to them. See U.S.S.G. § 1B1.3(a)(1)(B) (1997). Because Ward did not raise the issue of foreseeability either in objections to his presentencing report or at his sentencing, the District Court properly relied on the presentencing report’s findings, which held Ward accountable for the full amount of drugs produced by the conspiracy. See United States v. Montanye, 996 F.2d 190, 192 (8th Cir. 1993), cert. denied, 117 S. Ct. 318 (1996). As to Gessaman, the record supports the District Court’s findings on foreseeability. Gessaman stipulated that she purchased ingredients and generally assisted Whitehurst in the operation. Evidence presented during her codefendants’ trial and her sentencing hearing showed that she rented the farmhouse, helped purchase iodine and lab equipment, accepted iodine deliveries, and worked in the laboratory. In light of this evidence, the District Court properly found that “[s]he was involved in the jointly undertaken criminal activity” and that “she was aware that there was ongoing manufacture of methamphetamine in this case; and therefore, it was reasonably foreseeable to her that the yield would be of the quantity that the Court has determined it to be.” Gessaman Sentencing Tr. at 145-46 (April 9, 1997).

IV. ROLE-IN-THE-OFFENSE ADJUSTMENTS Whitehurst disputes the four-level increase to his offense level, for his leadership role in the conspiracy. See U.S.S.G. § 3B1.1(a) (1997). Coleman, Gessaman, and Ward argue that their offense levels should have been decreased, because they were only minimal or minor participants. See U.S.S.G. § 3B1.2 (1997). We hold that the District Court’s resolution of these issues was correct. The evidence at trial amply showed Whitehurst’s direction of the conspiracy’s activities. In particular, his decisionmaking authority over the procurement of equipment, supplies, and chemical ingredients demonstrated his leadership role in the conspiracy. Whitehurst Sentencing Tr. at 116-17 (October 10, 1996). Neither was the District Court’s failure to grant Coleman, Gessaman, and Ward mitigating-role adjustments clear error, in light of each defendant’s involvement in the drug operation. Coleman was “the distributor of the methamphetamine and an `enforcer’ of the conspiracy, collecting currency for Whitehurst.” Coleman Presentencing Report at § 18 (adopted by District Court, Coleman Sentencing Tr. at 133 (September 20, 1996)). Gessaman helped purchase ingredients and cook the methamphetamine. Ward made the propane tank and the stainless steel container used to cook the methamphetamine. The record

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supports the District Court’s determination of each defendant’s role in the conspiracy and its evaluation that none of them was a minor or minimal participant.

V. OBSTRUCTION-OF-JUSTICE ENHANCEMENT We also affirm the District Court’s enhancement of Coleman’s, Ward’s, and Whitehurst’s offense levels for obstruction of justice. The Sentencing Guidelines provide for a two-level increase in offense level “[i]f the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice during the investigation, prosecution, or sentencing of the instant offense . . ..” U.S.S.G. § 3C1.1 (1997). The enhancement applies when the defendant has participated in destroying or concealing material evidence. Id., commentary, n.3(d). The defendants rely on the Guidelines’ further direction that, if such conduct occurs contemporaneously with the defendant’s arrest, the enhancement does not apply unless it resulted in a material hindrance to investigation, prosecution, or sentencing. Id. However, the District Court found, and we agree, that even if the defendants’ burning of the farmhouse could be considered contemporaneous with their arrest, the total destruction of the farmhouse and a “substantial amount of potential evidence” constituted a material hindrance within the meaning of the Guidelines. Coleman Sentencing Tr. at 130 (September 20, 1996). Further, the District Court followed the Sentencing Guidelines’ approach to grouping closely related counts by grouping Counts II and III (use of fire to destroy property used in interstate commerce and destruction of property to prevent seizure of evidence) with Count I (conspiracy to manufacture methamphetamine), the most serious offense. See U.S.S.G. § 3D1.2 (1997). Thus, the enhancement did not represent double counting and was properly applied.

VI. SAFETY-VALVE ADJUSTMENT Gessaman argues that the District Court erred in failing to decrease her offense level pursuant to U.S.S.G. § 2D1.1(b)(4),(5) which reduces the offense levels of defendants meeting the criterion for the safety-valve exception to statutory minimum sentences in U.S.S.G. § 5C1.2. We hold that she was disqualified from the decrease by her possession of weapons connected to the drug conspiracy. Among other criteria, the “safety valve,” and hence the § 2D1.1(b)(4) decrease, requires that “(2) the defendant did not . . . possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense . . ..” U.S.S.G. § 5C1.2(2) (1997). The District Court found that Gessaman failed to meet this criterion because of the 14 guns found during a traffic stop in December 1994,(6) as well as the ten guns found at the farmhouse in December 1995.(7) As with a weapon-possession enhancement, which Gessaman also received, defeating the safety-valve decrease requires the government “to prove by a preponderance of the evidence that it

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION is not clearly improbable that the weapon had a nexus with the criminal activity.” United States v. Richmond, 37 F.3d 418, 419 (8th Cir. 1994), cert. denied, 513 U.S. 1178 (1995). The firearms in the farmhouse were found in “strategic positions, suggesting that their intended use was for protection of the residence and the methamphetamine laboratory”; during Austin’s controlled delivery of iodine to the farmhouse, Gessaman said that he should have contacted the farmhouse in advance “to avoid the possibility of being shot”; and numerous of the firearms found in the car in 1994 “were not commonly associated with a sporting activity.” Addendum to Gessaman Presentencing Report at 5 (adopted by District Court, Gessaman Sentencing Tr. at 173 (April 9, 1997)). In light of this evidence, the District Court’s denial of a safety-valve adjustment was not clear error.

VII. CRIMINAL HISTORY CATEGORY

14 guns, and ammunition in the back of the van, as well as other firearms and drugs. Traffic violations constitute probable cause for police to stop a car, United States v. Cummins, 920 F.2d 498, 500 (8th Cir. 1990), cert. denied, 502 U.S. 962 (1991), as well as to order the driver and passengers out of the car, Maryland v. Wilson, 117 S. Ct. 882, 884 (1997). The police’s observation of the clip justified a limited sweep of the passenger compartment. See United States v. Richards, 967 F.2d 1189, 1193 (8th Cir. 1992). Thus, the gun under the back seat, and the drugs and guns in the back of the van, were validly seized.

X. We affirm the sentences of Gessaman, Ward, and Whitehurst. We remand Coleman’s case for resentencing according to his correct Criminal History Category.

The government concedes that Coleman should have been placed in Criminal History Category I for sentencing purposes. We therefore remand for resentencing using the correct category.

It is so ordered. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

VIII. ARGUMENTS FOR RETRIAL A. Ineffective Assistance of Counsel Coleman argues that the ineffective assistance of his counsel at trial violated his Sixth Amendment rights. Such a claim should normally be raised not on direct appeal but in a 28 U.S.C. § 2255 proceeding, so that a record can be developed properly by the District Court. United States v. Kenyon, 7 F.3d 783, 785 (8th Cir. 1993). We decline to address arguments at this stage. B. Trial Errors Ward claims that the District Court committed various errors during his trial, and also that the evidence presented at trial was insufficient to support his conviction. We have considered these claims and find them to be without merit.

IX. SEARCH AND SEIZURE ISSUES Whitehurst argues that the District Court erred in admitting into evidence guns and drugs seized during a traffic stop in December 1994, on Fourth Amendment grounds. Similarly, Gessaman challenges the District Court’s consideration of this evidence at her sentencing. We hold that the search of the car and the seizure of the guns and drugs found therein were constitutional. On December 3, 1994, Gessaman was stopped for a traffic law violation. Police observed a handgun clip protruding from under the passenger seat. They asked Gessaman and Whitehurst, who was her passenger, to leave the car and to sit in separate police cars, which they did. The police then retrieved the clip from the car and, in the process, observed a gun under the back seat. They proceeded to search the van, finding ten bottles of ephedrine,

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NOTES: 1.

2. 3. 4.

5. 6. 7.

The Hon. Richard S. Arnold was Chief Judge of the United States Court of Appeals for the Eighth Circuit when these appeals were argued and submitted, and when the opinion was originally filed on March 5, 1998. On April 17, 1998, he stepped down as Chief Judge. The Hon. Pasco M. Bowman II is now Chief Judge. The Hon. Carol Jackson, United States District Judge for the Eastern District of Missouri. This count arose from drugs found during a traffic stop in 1994, discussed below. Under the November 1, 1997 version of the Guidelines, a Level 36 base offense level applies to methamphetamine quantities ranging from five to fifteen kilograms. U.S.S.G. § 2D1.1 (1997). Effective November 1, 1997, the applicable Guideline is now found at U.S.S.G. § 2D1.1(b)(6). Gessaman’s Fourth Amendment challenges to the use of these guns against her are addressed below. The presentencing report also found that Gessaman failed to satisfy factor (5) of the safety-valve test, which requires the defendant to have “truthfully provided to the Government all information and evidence [she] has concerning the offense or offenses . . . .” U.S.S.G. § 5C1.2(5) (1997). Because the District Court correctly determined that Gessaman’s possession of weapons disqualified her from the safety valve, it did not reach this second issue, and we need not do so now.

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VOLUME 8 NUMBER 3 — JULY 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 8 NUMBER 4 — OCTOBER 1998

IN THIS ISSUE ... Information Regarding MDMA Syntheses Requested .................................. 2 Elusive Maker Of LSD Guilty Of Skipping Bail .......................................... 2 ß-Phenethylamine In Suspected Methamphetamine Samples....................... 3 SV Designer Drug Bust Called Biggest In State ........................................... 4 Man Jailed On Drug-Kit Sales Charge .......................................................... 4 Crime Of Manufacturing Methamphetamine Not A Strict Liability Offense ....................................................................... 5 Stun Gun Use In Methamphetamine Recipe ................................................. 6 Electronic Version Of The Journal Available For Trial Examination .......... 6 Abstracts of the 1998 Technical Training Seminar Little Rock, Arkansas.............................................................................. 7 Determination Of Pseudoephedrine From A Mixture Of Pseudoephedrine And Chlorpheniramine ........................................ 11 Weld County, Colorado Lab Seizures Up ................................................... 12 The New Revised OSHA Respiratory Protection Standard ........................ 13 Bruce Lazarus Viability Of Clandestine Methamphetamine Extraction From Urine ......... 15 Trevor Wilson and Edwin Smith Identification Of Common Inorganic Acids Encountered At Clandestine Laboratories ................................................................. 17 Scott Oulton and Harry Skinner HPLC Quantitation Of Clandestinely Manufactured Mixtures Of Amphetamine And Methamphetamine ................................................. 26 James Malone

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Association Officers President: Catherine Wojcik San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200 Vice-President: Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab – Annex 1704 E Bullard Fresno, CA 93710-5856 (559) 278-7732 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main St Ste 700 San Francisco, CA 94105-2018 (415) 744-7051 Past-President: Terry A. Dal Cason DEA North Central Laboratory 536 S Clark St Rm 800 Chicago, IL 60605-1509 (312) 353-3640 Executive Board Members: Kathy Wilcox OSP Forensic Laboratory 333 4th Av Coos Bay, OR 97420-4380 (541) 269-2967 Gina Williams San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

INFORMATION REGARDING MDMA SYNTHESES REQUESTED The Forensic Science Laboratory in Pretoria, South Africa, have seized the following drug samples: 1. 2.

Dark red / black capsules, containing approximately 50% d,l-3,4-methylenedioxymethamphetamine HCl (MDMA HCl) and lactose Red / yellow capsules, containing approximately 60% d,l-MDMA HCl and lactose

A detailed impurity analysis was performed by Tim McKibben of the DEA’s Special Testing and Research Laboratory in McLean, VA. The impurity analysis indicated the synthetic route used to manufacture both sets of capsules was consistent with the methyl glycidic ester synthesis. Important were also the presence of many components in the MDMA powder. It would be appreciated if any person who has analyzed any of these capsules would contact me at the Forensic Science Laboratory in Pretoria: Telephone: .... 27-12-845-5602 Fax: ............... 27-12-845-5915 Email: ............ [email protected] C. Andre Koch

ELUSIVE MAKER OF LSD GUILTY OF SKIPPING BAIL SF CHRONICLE, OCTOBER 16, 1998 LSD manufacturer Nicholas Sand, who evaded authorities for 20 years before his arrest in Canada two years ago, was found guilty yesterday of skipping bail. Sand was convicted in 1974 of manufacturing and selling the powerful hallucinogen, along with not paying income tax. However, he was freed on $50,000 bail pending appeal. He then fled and was not found until September 1996, when he resurfaced among seven people arrested by the Royal Canadian Mounted Police in Vancouver, British Columbia. Sand was found guilty of bail jumping by U.S. District Judge Samuel Conti in San Francisco yesterday. Sand had waived his right to a jury trial. In an opinion, Conti noted that after his flight to Canada, Sand developed several false identities and obtained various fraudulent passports, which he used during Canadian investigations of him for alleged illegal drugs, arson, and failure to appear. Sand adopted the identity of a dead Canadian infant, Theodore Edward Parody, and obtained an Oregon driver’s license in the name of William Herbert Gold. He also called himself David Freeman, obtained a Canadian birth certificate and identification as David Roy Shepard, and was further investigated under the name Thomas Parody. Sand still faces charges in Canada involving LSD, as well as conspiracy to sell MDMA, or Ecstasy, an. other hallucinogenic drug. Under yesterday’s decision, Sand faces as long as five more years in prison in addition to the 15 to which he was sentenced for the 1970s drug convictions Sand will return to court for sentencing January 22.

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes ............................. OSP Forensic Laboratory - Portland, OR ................................................ (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab - Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................DEA Special Testing and Research Lab – McLean, VA ......................... (703) 285-2583 O. Carl Anderson ..................... Kansas Bureau of Investigation Lab - Great Bend, KS ........................... (316) 792-4353 Jason Freed ..............................National Medical Services - Willow Grove, PA ...................................... (215) 657-4900 Jerry Massetti ........................... CA DOJ Crime Lab – Fresno, CA ........................................................... (559) 278-7732 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452 Rodney Norris .........................ESR Forensics - Aukland, NZ .................................................................. 649-815-3670 Peter Vallely ............................ J. Tonge Centre for Forensic Science - Brisbane, Australia .................... 617-3274-9031

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ß-PHENETHYLAMINE IN SUSPECTED METHAMPHETAMINE SAMPLES JERRY MASSETTI CA State Dept of Justice, Fresno Laboratory 6014 N. Cedar Avenue Fresno, CA 93710 A small number of samples suspected to contain methamphetamine continue to show the presence of ß-phenethylamine (synonyms: PEA, 2-phenylethylamine, 2-PEA, ß-phenylethylamine, benzeneethanamine, 1-amino-2phenylethane, ß-aminoethylbenzene). In the previous issue of this journal it was reported that ß-phenethylamine was detected in a series of samples, by at least six California crime laboratories, between May 18 and July 2, 1998. The presence of ß-phenethylamine in suspected methamphetamine samples represented a new development in routinely encountered casework submitted to these laboratories. Since then, a few samples containing ß-phenethylamine have been reported by additional forensic laboratories in California and beyond. These shown in the table. The number of submissions of suspected methamphetamine samples that contained ß-phenethylamine received by CA DOJ, Fresno Laboratory have diminished. Only two cases were received in August. None were received in September. In contrast, between May 18 and July 1, one or two samples were received each week.

All indications suggest that commercially prepared ß-phenethylamine simply is being used to cut quantities of suspected methamphetamine or amphetamine. In other cases, it is simply mixed with chemically odorous dimethyl sulfone to simulate a sample of methamphetamine. Some samples contained methamphetamine and/or amphetamine, while others did not contain any other “active” ingredient other than phenethylamine. In most of the cases where methamphetamine was present, it was as a minor component. Dimethylsulfone was detected in many of the samples. Caffeine was also detected in some samples. There is no evidence to indicate that the ß-phenethylamine detected in these samples is a product of clandestine manufacture. Acknowledgements: M. Banta, J. Faulkner, W. Ihm, O. Mejia, L. Melgoza, L. von Beroldingen (The preceding observations and opinions are those of the author and do not necessarily reflect those of any of the mentioned agencies.)

Month

Location

Comments

July

Omaha, Nebraska

5 ounces

August

Oregon State Patrol

35 grams in 3 samples

Sacramento District Attorney’s Laboratory

2 samples, methamphetamine mixture

CA DOJ, Freedom

6.5 grams in 9 baggies

CA DOJ, Riverside

Samples very smelly

Los Angeles Sheriff’s Office

Several submissions, garlic odors

September

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

SV DESIGNER DRUG BUST CALLED BIGGEST IN STATE MAY WONG Sentinel Staff Writer Santa Cruz Sentinel September 12, 1998 SCOTTS VALLEY – The discovery Friday of a bucket full of what looked like giant slabs of sugar marks the state’s largest bust yet of the newly illegal designer drug, GHB. Federal and local narcotics agents found nearly 25 pounds of the controlled substance in a 5-gallon container buried in a shed at 4404 Scotts Valley Drive. GHB is also known as “liquid ecstasy” and has been dubbed the “date rape” drug. With the average 2-gram does selling for $20, the amount found added up to about 5,000 “hits” and a street value of up to $100,000, said Steve Carney, a member of the county’s Narcotics Enforcement Team. “That’s the biggest bust in the state that I’m aware of,” said Detective Trinka Porrata of the Los Angeles Police Department. Porrata is tracking GHB use across the state and has taught officers throughout the nation about its use. California legislators made possession of GHB – gamma hydroxybutyrate – illegal this year. About a dozen other states have banned the synthetic drug. The drug, authorities say, is dangerous and can induce a coma after an overdose. A Ben Lomand girl nearly died in March after splitting a chunk of the drug with four friends. GHB is popular at “rave” parties and in underground party circles. Taken usually in liquid form and added to drinks, the drug creates a short-lived high, said by some to boost flirting confidence and heighten sexual performance. The drug has been linked to 28 deaths in the nation in recent years, Porrata said. “And we think that’s just the tip of the iceberg. It’s use is incredibly widespread.” To the drug agents who have been tracking the GHB problem in San Lorenzo Valley for the past year, Friday’s discovery affirms their concerns about the local availability of the drug. “We’re starting to get a lot of kids being found under the influence of it,” CNET agent Jerel Haley said. The narcotics agents, who raided the home along with Scotts Valley police officers did not know where the seized drug was manufactured, but it could be “leftovers” from a Boulder Creek man who was arrested and sent to prison last year for manufacturing methamphetamine, Carney said. Authorities said that the Boulder Creek man tried to sell 100 pounds of GHB to an undercover officer last year. But GHB was not illegal yet and officers never found the product he purported to have. Friday’s GHB raid marked the county’s second since the drug joined the list of controlled substances this.

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In the first raid in May, CNET agents seized 11 pounds of GHB from a Boulder Creek home and arrested residents Marilyn Johnson and Christopher Anthony. Johnson, whose case is pending, showed up in Scotts Valley Friday while agents were in the middle of their latest GHB raid. The Boulder Creek woman drove up the narrow driveway but turned around when she spotted the police cars, Carney said. Drug agents caught up with her moments later and arrested her on suspicion of conspiracy. They also jailed her on charges of possessing methamphetamine for sale. Officers reported finding a quarter-ounce of the drug in her car. Earlier in the day, agents arrested the occupants of the Scotts Valley house – Kimberly Ann Keegan, 39 and Jonathan Wesley Spell, 38. They were booked into County Jail on charges of possessing a controlled substance for sale. Agents found the bucketful of solid GHB buried on the side of the couple’s small home behind a carport where a Jaguar was parked. The container was buried in the ground covered by a heavy engine hoist. Further investigation from the may raid led authorities to believe the Scotts Valley property was being used as a storage place for GHB, Haley said.

MAN JAILED ON DRUG-KIT SALES CHARGE JIM LEUSNER The Sentinel Staff Writer The Orlando Sentinel, September 22, 1998 As he talked with an undercover agent in May, Jose PerezMenchaca predicted that a new computerized ordering system would drastically increase his business over the Internet. “We end up in jail, or we end up millionaires,” Perez told the man. On Monday, the Lake Mary businessman was behind bars, accused of selling kits to make the designer drug GHB, a liquid sold as a body-building, sleep and sex enhancer that also has been linked to several date rapes in Florida. Perez, 47, was arrested Saturday by agents from the U.S. Food and Drug Administration, who searched his home and seized computers and records. He was indicted last week by a federal grand jury in Hammond, Ind., on three counts of selling unlabeled drugs to an undercover agent there since June 1997. At a bail hearing Monday in Orlando, Assistant U.S. Attorney Ana Escobar sought a delay to investigate Perez’s background. U.S. Magistrate David Baker ordered Perez detained without bail until another hearing is held Wednesday. FDA agents raided Perez’s home at 321 Alba Lane, seizing computers and records. Court records show he owned and

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VOLUME 8 NUMBER 4 — OCTOBER 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION operated Bondtech-Klebrig Corp., which sold kits over the Internet complete with instructions and chemicals to make GHB. The company’s Internet site boasts that it is “a leading company dedicated to importing new Alternative Medicine Health products that promote healing not available in the USA market.” The site warns that GHB is illegal to purchase in the United States and Canada but can be made from common substances and safely used. Corporate records show the company has operated since June 1990 at that address and lists Perez as president. A search warrant affidavit by FDA criminal investigator Kenneth Kulick details an undercover probe since May 1997, when agents learned the company was selling kits over the Internet to customers in the United States, Canada, United Kingdom, Germany, Japan, Mexico and Australia. It charged that Perez obtained the chemicals from a New York man, resold them from Lake Mary and later had shipping taken over by a Colorado associate after Florida passed an anti-GHB law last year. The chemicals were shipped without dosage instructions or health warnings, Kulick wrote. The affidavit details how an undercover agent first phoned Perez, was told about the benefits of GHB and how he could double his money reselling it. The agent first bought two kits from Perez in June 1997 for $162.50 each, but said later received a 50-kit shipment from Colorado for $90 each last May. In face-to-face meetings and recorded conversations with the undercover agent, Perez bragged about selling $1.5 million worth of the kits and pocketing $300,000 during the past year, Kulick wrote. Perez also said he was the first company to go online selling GHB kits and admitted he heard of one GHB user who had died and another who had been hospitalized, Kulick wrote. Perez’s lawyer, Joe Rosier, said the chemicals his client is accused of selling — available without prescription from chemical suppliers — do not come under FDA regulation. “Is it illegal to have two chemicals that make up (chemical) X?” Rosier asked. Although the drug is not listed as a controlled substance under federal law, distribution of the drug and its components violates FDA laws, court records charge. Thirteen states also have outlawed it, but not Colorado and New York, Rosier said.

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CRIME OF MANUFACTURING METHAMPHETAMINE NOT A STRICT LIABILITY OFFENSE PEOPLE V. CORIA C.A. 3rd; September 26, 1998 The Third Appellate District reversed a judgment, holding that conviction for manufacturing methamphetamine requires proof that the accused was aware of the character of the substance being manufactured. A police officer observing a residence for suspected methamphetamine manufacturing activity saw Juan Coria and another person emerge with a bucket. Coria rinsed out the bucket and the two re-entered the building. Two hours later, the officer saw Coria talking with three other men outside the house. Coria re-entered the building. A few minutes later, Coria and two other men drove away. A search of a shed behind the house produced methamphetamine manufacturing materials, including alcohol and pseudoephedrine. Coria’s fingerprints were found on various items. The only activity taking place was extraction of pseudoephedrine from cold medications. Pseudoephedrine is not a controlled substance. However, a trained criminalist later testified, persons engaged in extracting pseudoephedrine from tablets or pills are typically engaged in manufacturing methamphetamine. Coria was charged with manufacturing methamphetamine. In his defense Coria testified that he had agreed to help “wash ephedrine pills.” He said he knew that ephedrine is used for weight loss, and he assumed the others were washing “discarded or dirty” pills to salvage and resell them. When, after several hours, he asked why so much effort was being taken to separate ephedrine, he was told that they were manufacturing methamphetamine. He became frightened and asked to leave. As soon as transportation arrived, he left, only to be arrested shortly thereafter. The trial court instructed the jury that conviction did not require proof that Coria was aware that the extraction process was part of an effort to manufacture methamphetamine. The court relied on People v. Telfer, 223 Cal.App.3d 1194 (1991), which held that manufacturing methamphetamine is a strict liability offense. The court of appeal reversed, holding that the trial court erred in instructing that knowledge of the nature of the substance manufactured is not an element of the crime of manufacturing methamphetamine. The court specifically rejected the Telfer analysis. Telfer acknowledged that knowledge of the character of the substance possessed is an essential element of a drug possession

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION crime but declined to extend the knowledge requirement to drug manufacturing, reasoning that manufacturing is an act so destructive of the social order that a defendant has a duty to know the facts involved or resulting from his conduct. According to Telfer, the methamphetamine manufacturing statute is analogous to strict liability public health and safety statutes. The court noted that the existence of a mens rea is the rule, rather than the exception, in criminal jurisprudence. Although there is an exception for certain “public welfare” crimes, those offenses are usually based on the violation of statutes which are purely regulatory and involve widespread public injury. Telfer relied on cases involving violations of regulatory statutes imposing misdemeanor penalties, the court noted. The U.S. Supreme Court has emphasized that felony offenses bearing harsh punishment are not the type of “public welfare” offenses for which courts may readily dispense with the mens rea requirement. Further, the court added, there is a prevailing trend away from imposing criminal sanctions in the absence of culpability when the governing statute indicates no legislative intent or policy to be served by imposing strict liability. In this case, the statute was silent. A knowledge requirement must be applied, the court said, particularly where, as in this case, conviction would result in a severe penalty. The court distinguished strict liability enhancement statutes, reasoning that those enhancements do not criminalize otherwise innocent activity. The court concluded that the instructional error was prejudicial, warranting reversal.

STUN GUN USE IN METHAMPHETAMINE RECIPE LARA WALKER CA DOJ Crime Lab – Watsonville The California Department of Justice, Freedom Laboratory, recently analyzed a suspected methamphetamine “recipe” confiscated from an inmate at Salinas Valley State Prison. The item consisted of a two-page document detailing instructions for methamphetamine manufacture using ephedrine, red phosphorus, and iodine crystals in the initial reaction. Also included were directions for filtration, extraction, and product formation. The instructions for final product formation included the use of a stun gun. The reader is instructed to pour a methanol extract of the methamphetamine on an ice-cold piece of glass with aluminum foil siding. Once the liquid has spread out and touched the sides, “… you hit the aluminum frame with a stun gun, and wall your [sic] done.” A crude drawing demonstrated the process and suggests that the foil be hit “… under the meth …”.

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Speculation for possible reasons for this final instruction, aside from ignorance, includes a belief that the stun gun will create crystals or that the solvent will evaporate faster. This is the first time personnel in this laboratory have heard of stun gun use in methamphetamine manufacture.

ELECTRONIC VERSION OF THE JOURNAL AVAILABLE FOR TRIAL EXAMINATION The Association is testing the distribution of the Journal in electronic form beginning with this issue. The desktop publishing software used to construct the Journal, Adobe's PageMaker 6.5, includes a limited version of Adobe's popular Acrobat software. This software converts ANY type of computer file to a standardized portable document file (.PDF) format. With a .PDF file and Adobe's Acrobat Reader version 3.0, the file can be viewed on PC, MacIntosh or Sun Microsystem's computers. The advantages of this file format are numerous. First, the original formatting of text, graphics and pictures is retained no matter what computer platform you use, as long as the free Acrobat reader is used to view the files. Second, the electronic version of the Journal can be used to supplement the existing hard copy of the Journal and allow faster distribution — especially outside the United States. Thirdly, printed copies of .PDF files return the same quality of the original documents, producing high quality printed material. Finally, .PDF files provide a possible means of archiving back issues of the Journal for future use. If the initial test program is successful, the Association will convert all the existing issues of the Journal and make them available on CD-ROM for a nominal charge. Each year, the CDs can be returned for updating. Members will still receive printed and bound copies via regular mail, with the option of obtaining the electronic version too. It has not been decided yet what cost, if any, may be associated with the distribution of the electronic version. If you would like to receive a trial copy of this Journal in electronic form, please email the Journal Editor at: [email protected] You must have an email account that will accept file attachments (the free Juno.com account will not work; free hotmail.com account will work). To download your free copy of Adobe's Acrobat Reader 3.0, point your web browser to: http://www.adobe.com/acrobat and follow the instructions for downloading this very popular program. If you have copies of Acrobat Reader already, be sure it is version 3.0 or higher. If you have questions, contact the Journal Editor at the email address above, or at (415) 744-7051.

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 8 NUMBER 4 — OCTOBER 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ABSTRACTS OF THE 1998 TECHNICAL TRAINING SEMINAR LITTLE ROCK, ARKANSAS “The Methamphetamine Signature Program”

“Birch Reduction Monograph”

Tim McKibben DEA – Special Testing & Research Lab McLean, VA, USA

Terry Dal Cason DEA – North Central Laboratory Chicago, IL, USA

DEA has initiated a signature program for methamphetamine and amphetamine samples. This program involves the in-depth analysis of methamphetamine samples to determine the synthesis route, isomeric content, impurity identification, precursor and reagent identification, solvents used, and additional intelligence information. In house synthesis standards (using specific precursor/commercial products), along with synthesis standards from DEA clan lab training are used to establish parameters for the synthesis signatures. The use of a wide variety of instrumental techniques and sample preparation techniques will be discussed along with the impact CLIC and intelligence information has on the signature program. “The Methcathinone Monograph”

Terry Dal Cason DEA – North Central Lab Chicago, IL, USA Methcathinone hydrochloride (HCl), [S]-(-)-2-methylaminopropiophenone HCl, alpha-(α)-methylaminopropiophenone HCl, N-methylcathinone HCl, (“cat”) is among the most recent of the phenylisopropylamine structured drugs to become subject to abuse. In the 1920’s both German and French chemists patented methods to synthesize methcathinone as an intermediate in the synthesis of racemic ephedrine. Methcathinone first gained the attention of the law enforcement community in the US with the seizure of a non-operational clandestine laboratory in 1990. During the next year, methcathinone production became endemic in the Upper Peninsula (UP) of Michigan where the moniker “cat” was given to the compound. As a result of the UP clandestine laboratory situation, methcathinone was placed under temporary control as a Schedule I controlled substance on May 1, 1992. By 1993, enough information had been gathered about methcathinone to place it under permanent federal control. The various synthesis procedures that are suitable for clandestine production of methcathinone, its analogs, and the required precursors will be presented along with a discussion of the CNS activity of methcathinone and several of its analogs. Additionally, information regarding the East African plant Khat, which contains [S]-(-)-aminopropiophenone (cathinone), will be examined.

VOLUME 8 NUMBER 4 — OCTOBER 1998

In 1989, Ely and McGrath reported the first seizure by the Drug Enforcement Administration (DEA) of what have become known in subsequent years as “NAZI Dope” laboratories. From that time until 1992, no new laboratory seizures of that type were reported to the DEA. However, in 1995, five clandestine methamphetamine laboratories out of the 327 seized used this technique. In 1996, 94 out of the 879 seized clandestine methamphetamine-producing laboratories used this synthesis, while in 1997 the figures rose to 238 out of 1435. The procedure used in these illegal laboratories is often referred to as the Birch reduction but, more often than not, the synthesis is actually a cross between that procedure and the Benkeser reduction. The differences between these named reactions will be discussed along with potential substitutions of reactants, which will successfully produce methamphetamine. An analytical scheme, and a brief discussion of the characteristic by-products, which may be produced, will also be presented. “The Chemistry of Heroin Signature”

Don Cooper DEA – Special Testing and Research Lab McLean, VA, USA Heroin Signature analytical procedures are described in conjunction with an overview of the resulting data. How the data is utilized to provide a final Heroin Signature origin classification is provided. The geographic, botanical, and processing features known to impact heroin signatures are also reviewed in detail. “Hydrogenation: Unusual for San Bernardino”

Gina Williams, Kerri Heward, and Cathy Wojcik San Bernardino Co. Sheriff’s Dept San Bernardino, CA., USA In October of 1997, the San Bernardino County Sheriff’s Crime Lab responded to a suspected clandestine lab in a storage unit in the high desert area. Upon arrival, the criminalists immediately knew this was not the usual HI / red phosphorus type lab. Judging from the chemicals present, it was clearly the

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION makings of a methamphetamine hydrogenation lab. Chemicals present included pseudoephedrine, glacial acetic acid, palladium on carbon, perchloric acid and hydrochloric acid. “Analysis of Drugs in Non-Traditional Natural Forms”

Richard Laing Health Canada Burnaby, BC, Canada While the chemical identification of Cannabis is the best known example of a drug analysis of a natural form, there are occasions where “special” analyses are required in order to determine that certain offences under the Controlled Drugs and Substances Act (Canada) have been committed. These analyses include the cultivation of cannabis seeds for viability and THC yield potential through a correlation between cost of the seed and the concentration of THC in the flowering heads; cultivation and identification of psilocybin mushrooms in various growth stages from mycelium to full fruiting body in support of manufacturing charges and determination of crop yields; identification of Ephedra extracts, the natural form of l-ephedrine used in the clandestine manufacture of methamphetamine through the identification of the minor impurities N,N-dimethylamphetamine and amphetamine and also the identification of Catha edulis Forsk (through isolation and identification of cathine and cathinone). This poster describes some of these “non-traditional” natural form drug analyses that we have performed in the past in our laboratory. “HPLC Quantitation Of Clandestinely Manufactured Mixtures Of Amphetamine And Methamphetamine”

James V. Malone DEA Southwest Laboratory National City, CA Clandestine laboratories manufacturing methamphetamine are quite common throughout the United States. The current synthesis method of choice for manufacturing methamphetamine in Southern California is the reduction of ephedrine or pseudoephedrine with hydriodic acid in the presence of red phosphorus. Conversely, the reduction of phenylpropanolamine with hydriodic acid will produce amphetamine. Mixtures of methamphetamine and amphetamine are frequently encountered in samples of clandestinely manufactured drugs. Additionally, liquids observed at clandestine laboratories may contain mixtures of the drugs and the unreacted precursors. Reversed-phase high performance liquid chromatography (HPLC), utilizing narrowbore columns, may be used as an instrumental technique to chromatographically separate phenylpropanolamine, pseudoephedrine, amphetamine, and methamphetamine.

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This provides a viable, rugged and sensitive instrumental method to screen or quantitate clandestine laboratory mixtures of these compounds. “Identification Of Common Inorganic Acids Encountered At Clandestine Laboratories”

Scott R. Oulton and Harry F. Skinner DEA Southwest Laboratory National City, CA Inorganic acids are utilized in a wide variety of organic syntheses of controlled substances in clandestine laboratories. Inorganic acids commonly encountered at sites include hydrochloric, hydriodic, hydrobromic, hypophosphorous, phosphorus, phosphoric, nitric and sulfuric acids. These acids can be a challenge to analyze utilizing typical laboratory instrumentation. However, the acids can easily be analyzed by utilizing simple silver and barium nitrate precipitation tests. The acids are positively identified by forming ammonium salts. Infrared analysis confirms the presence of each acid by the identification of the subsequent ammonium salts. Analyses of inorganic acids allow for a better understanding by the forensic chemist of the overall synthesis process employed at clandestine laboratories. “TWGDRUG Update”

Jerry Massetti CA DOJ Laboratory – Fresno, CA and Richard Laing Health Canada – Burnaby, BC In a fashion similar to the formation of Technical Working Groups (TWG’s) in other areas of forensic science, DEA has initiated the formation of a technical working group for the analysis of forensic drug samples, TWGDRUG. To that end an organizational conference was held on September 9 – 11, 1997. The scope of this project is international. International representatives include individuals from The United Nations Laboratory in Austria, and forensic laboratories from Australia, Canada, Germany, Japan, The Netherlands and The United Kingdom and The United States. The efforts of TWGDRUG over the past year have been described in each issue of Microgram and are periodically updated on the TWGDRUG webpage. The second annual meeting of the TWGDRUG core group was held last week in Chicago. CLIC members who attended that session will describe the proceedings.

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 8 NUMBER 4 — OCTOBER 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “The Cat’s Meow: Clues of a Methcathinone Lab”

Eric L. Lawrence Indiana State Police Indianapolis, Indiana, USA Over the last two years the Indiana State Police Clandestine Lab Team has processed more than fifty methcathinone (CAT) laboratories. Using over-the-counter, easily obtainable chemicals and supplies, one can get together all the necessary ingredients in a morning of one stop shopping to produce CAT for that night’s use. This presentation will discuss how CAT is typically made and what clues to look for in distinguishing a clandestine lab operation from the legitimate use of these domestic household products. Evidence collection strategies as well as report writing will conclude the session. “Aspects of Lithium-Ammonia Reduction Methamphetamine Laboratories for the Chemist”

Nila Bremer Iowa Criminalistics Laboratory Des Moines, Iowa, USA In Iowa, the number of seizures of lithium-ammonia reduction clandestine laboratories has dramatically increased over the last two years. Although there are may similarities among the equipment, liquids and solids found at the sites, considerable variation has also been observed. The presentation will include the following: comparison of several versions of the method (“recipes”), typical paraphernalia at the laboratory site, sample collection and storage peculiar to the method, evaluation and analysis of collected samples, components of lithium batteries and their analysis and comparison of finished products from various operations. “The Headaches of Analyzing a GHB Sample”

Kathleen A. Andrews DEA – Western Laboratory San Francisco, CA, USA In recent years, GHB has rapidly gained nationwide attention as a date rape drug that is frequently abused by MDMA users, rave partygoers, and body builders. The sudden increase in the drug’s abuse within the last two years has prompted at least 15 states to introduce legislative bills seeking control actions on GHB. To date, a total of 12 states have scheduled GHB as a controlled substance. Consequently, as GHB samples are confiscated by law enforcement, crime laboratories are being tasked with having to develop analytical procedures for properly identifying GHB.

VOLUME 8 NUMBER 4 — OCTOBER 1998

Unfortunately, there is a grey area to the GHB analysis wherein some identification techniques that may be appropriate for a number of street samples are not adequate for others. GHB is illicitly sold in powder form, but is commonly dissolved in a liquid, primarily due to the hygroscopic nature of the drug. Identification of solid GHB samples is easily accomplished by standard FTIR techniques. However the liquid samples require some sample preparation prior to utilizing any analytical techniques. In some cases these sample preps cause additional problems for the analyst. Because GHB lies in equilibrium with its lactone form, namely gamma-butyrolactone, the analysis of both these components can prove to be difficult. The analyst needs to be aware that simple extraction procedures or standard GC screen techniques can cause the equilibrium to shift producing both false negatives and false positives. Qualitative techniques utilizing silylation of the GHB prior to GC analysis can prevent this equilibrium shift and enable the analyst to differentiate correctly between GHB and its lactone. A problem that arises is that these silylation techniques are not always adequate for some of the more commonly seized GHB liquid street samples. Some suggested techniques for screening and identifying GHB in street samples will be addressed including results of performance evaluations of field test kits and alternative silylation methodology. A brief discussion regarding potential problems encountered by the analyst in court will be presented as well. “Interviewing Clandestine Lab Cooks”

Clyde Richardson DEA – Drug & Chemical Evaluation Section Alexandria, VA, USA Forensic chemists who participate in the seizure of clandestine drug labs should attempt to interview the lab operator/cook if circumstances permit. Trained forensic chemists have unique qualifications and backgrounds which traditional law enforcement personnel lack. Specifically, trained forensic chemists can obtain detailed information on the clandestine lab operation and ascertain the veracity of information provided by the operator. A careful debriefing can also identify potential safety hazards which may not be readily apparent to personnel who are only vaguely familiar with the inherent dangers of many of the chemicals and reactions at lab sites. If the operator is not available or unwilling to be interviewed at the lab site, the forensic chemist should advise the arresting officers if they are interested in interviewing the operator at a later point if the opportunity arises. These types of interviews usually require coordination and approvals from prosecutors, defense attorneys, and arresting officers before being conducted. There are more legal issues involved after a subject has been arraigned and entered into the criminal justice system. Traditional law enforcement personnel are usually more interested in identifying criminal associates and other aspects of

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION the clan lab operation such as methods of drug distribution and money laundering. Thus the type of information sought by arresting officers from ”cooks” at lab sites is typically different from the interests of forensic chemists. This presentation will discuss approaches and methods for conducting interviews of clandestine lab operators. Segments of a videotaped interview of a clandestine methamphetamine chemist who had a Masters Degree in chemistry will be shown to illustrate some of the methods discussed. The interview took place after the chemist was convicted of drug manufacturing in Indiana. I owe a debt of appreciation to Eric Lawrence of the Indiana State Police Crime Laboratory who arranged and taped the interview and to Terry Dal Cason of the DEA North Central Laboratory who participated in the interview. “Gamma Hydroxybutyrate: Pharmacology, History and Current Patterns of Abuse”

Christine A. Sannerud, Ph.D. DEA – Drug & Chemical Evaluation Section Alexandria, VA, USA Gamma Hydroxybutyrate (GHB) is a CNS depressant abused for its ability to produce euphoric and hallucinatory states and its alleged role as a growth hormone releasing agent to stimulate muscle growth. In the 1980’s GHB was available as a “natural” food supplement and sold in health food stores, but the medical community soon became aware of overdoses and other problems caused by its abuse. GHB can produce drowsiness, dizziness, nausea, visual disturbances, unconsciousness, hypotension, bradycardia, petit mal epilepsy, seizures, severe respiratory depression and coma. Overdoses usually require emergency medical treatment including intensive care for respiratory depression and coma. In 1990, the FDA issued an advisory declaring GHB unsafe and illicit, except under FDA-approved physician-supervised protocols. GHB has not been approved by the FDA or marketing, but it is currently under investigation for use in the treatment of narcolepsy under the FDA’s Orphan Drug program. Although banned, the abuse of the drug for its euphoric effects has increased. It is produced in illicit laboratories using a relatively simple synthesis and available and inexpensive starting materials. In illicit traffic, GHB is most commonly found in liquid form in vials or small bottles, or sometimes as powdered material GHB is taken orally usually in combination with alcohol. GHB is popular with a wide range of abusers in the US, including high school and college students and rave party attendees who use GHB for intoxication. Body builders also abuse GHB for its alleged anabolic effects. There are reports of individuals who use GHB to incapacitate women for purposes of committing sexual assault. Over 1,000 encounters with GHB have been documented by information gathered from law enforcement, poison control

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centers, and hospitals. There have been many overdose cases attributed to GHB abuse. The DEA has also documented twenty-six cases in which GHB was found in the biological fluids of deceased individuals. GHB is currently not a controlled substance under t the federal Controlled Substances Act. To date however, seventeen states have controlled GHB: Schedule I – GA, RI, HI, IL, LA, NV, WI, MI, DE, ID; Schedule II – FL, CA, IN, NH; Schedule IV – TN, AL, NC. Two additional states (Texas and New Jersey) have criminalized the sale and possession of GHB and placed it in the same penalty group as LSD and marijuana. In September 1997, the DEA completed its evaluation and submitted it to DHHS for a scientific and medical evaluation and scheduling recommendation. “Iodine and Phosphorus Analysis”

Jim Baer, Dwain, Worley, O. Carl Anderson., and Jim Schieferecke Kansas Bureau of Investigation Topeka, KS, USA The KBI does not have elemental analysis capabilities. These methods were developed to derivatize iodine and phosphorus for detection by GC/MS. “The Application of Pentafluorobenzoylchloride Derivatization in the Analysis of MDA Manufactured from the Bromination of Sassafras Oil”

Richard Laing Health Canada Burnaby, BC, Canada One of the most common precursors to MDA compounds is safrole (4-allyl-1,2-methylenedioxybenzene) obtained from sassafras oil. Safrole accounts for 80-90% if the essential oil distillate from the sassafras plant, which is indigenous to North America. Other components of the oil include some monoterpenes, sequiterpenes and other substituted allyl benzenes including: eugenol (4-allyl-1-hydroxy-2-methoxybenzene), methyl eugenol (4-allyl-1,2-dimethoxybenzene) and elimicin (5-allyl-1,2,3-trimethoxybenzene). While safrole can easily be transformed to the popular precursor 3,4-methylenedioxyphenyl2-propanone (MD-P2P) from which the MDA family of drugs can be derived, it can also be made into MDA using more direct routes. One such method is through the bromination of the double bond and the subsequent amination of the halogenated intermediate. When sassafras oil is used as the source of the safrole, the related allyl benzenes react similarly to produce along with MDA, 4-hydroxy-3-methoxymethamphetamine, 3,4-DMA, 5-methoxy-MDA, and 2,3,4-TMA as minor impurities.

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 8 NUMBER 4 — OCTOBER 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION While these compounds will be present, detecting them in reaction mixtures or waste solutions can present a problem. Through a facile and very rapid aqueous derivatization and extraction protocol using pentafluorobenzoyl chloride (PFBC) in CHCl3, the presence of minor amine compounds was confirmed.

This paper discusses the bromination of safrole and other allybenzenes present in sassafras oil using hydrobromic acid and subsequent amination using ammonium hydroxide and their detection using PFBC derivatization.

DETERMINATION OF PSEUDOEPHEDRINE FROM A MIXTURE OF PSEUDOEPHEDRINE AND CHLORPHENIRAMINE ALFRED J. MOSES CA Dept. of Justice – Riverside Laboratory 1500 Castellano Rd. Riverside,CA 92509

Due to the imposition of stricter controls of ephedrine, pseudoephedrine is now being used as the precursor for the manufacture of illicit methamphetamine. It therefore has become necessary to establish which of these two chemicals is being used. One approach is the use of infrared spectrophotometry, utilizing Fourier transform infrared spectrophotometer (FTIR). This method involves solvent extraction from crushed materials (often tablets) which separates the ephedrine or pseudoephedrine from its binder and extraneous materials. The extract is incorporated into potassium bromide (KBr) and the resultant window is placed in the FTIR for analysis. In a recent case, tablets were submitted to the crime laboratory that were stated to contain a high concentration of chlorpheniramine in addition to pseudoephedrine. The usual technique, as described above, yielded an unsatisfactory IR spectrum. A brief search for a suitable solvent system to separate these drugs proved futile and the effort shifted to finding a thin layer chromatography (TLC) system to accomplish the desired separation. After trying several solvent systems, it was determined that reagent alcohol may be the solvent of choice. See the Materials section for a list of chemicals, supplies and equipment. The tablet was crushed and extracted with hexanes. This extract was spotted on a TLC plate along with a similar pseudoephedrine known extract which served as a reference. The plate was placed into a tank holding a small amount of reagent alcohol and was then covered. The following Rf values were obtained as observed under short wave ultraviolet light: pseudoephedrine chlorpheniramine

The pseudoephedrine area on the TLC plate was scraped off and placed in a test tube containing a small amount of water. 0.5N sodium hydroxide was added and the liquid was then extracted into about 1ml hexanes. The hexanes layer was removed and hydrogen chloride gas bubbled through the liquid. The liquid was then placed into a mini-mortar and allowed to evaporate. Potassium bromide was added and a window pressed for FTIR analysis. The spectra are shown in Figure 1.

MATERIALS List of chemicals, supplies and equipment: 1. 2. 3. 4.

Silica gel 60; 5 cm X 10 cm; 250 mm thickness, F254; EM Science, Item #5719-2 Reagent alcohol: ethyl alcohol 90.3%, methyl alcohol 4.0%, isopropyl alcohol 5.1%; Fisher Scientific, Item #994-4 Hexanes: 99.9% assay; Fisher Scientific, Item # 303-4 Nicolet FTIR, Model 5DXC

63/74 = 0.85 9/74 = 0.12

VOLUME 8 NUMBER 4 — OCTOBER 1998

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

WELD COUNTY, COLORADO, LAB SEIZURES UP Our three latest labs found in the last month are all pseudoephedrine reduction using tablet extraction with “Heet”, red phosphorus extracted from match strike plates and heads, and iodine crystals. One had a very neat, detailed handwritten recipe for using a “psi cooker” (pressure cooker). He used starter fluid (diethyl ether) for extraction and cleanup.

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Another very proud cook said he wasn’t a “Coleman cook” ... obviously a derrogatory term in the meth world! He had a portion of his product that was “ice.” It hasn’t been analyzed yet but it looked very good. We’ve found a source of iodine crystals is the “Polar-Pure” water purification product for hunters, backpackers, etc. Larry Pederson Greeley / Weld County Forensic Lab - Greeley, CO

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 8 NUMBER 4 — OCTOBER 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

THE NEW REVISED OSHA RESPIRATORY PROTECTION STANDARD BRUCE LAZARUS, CIH, REHS Network Environmental Services, Inc. 10933 Trade Center Drive, #108 Rancho Cordova, California 95670

On January 8, 1998, the Occupational Safety and Health Administration published a long-awaited revision to its 25-year-old Respiratory Protection standard. The new standard replaces 29 CFR 1910.134 and significantly changes respiratory protection requirements for the more than five million workers in the United States who use respirators. Law enforcement and forensic chemist personnel responding to clandestine laboratories are affected by the revised standard because of the necessary use of both self-contained breathing apparatus (SCBA) and air purifying respirators used during assessment and processing of lab sites. The standard became effective April 8, 1998, with compliance dates of September 8, 1998, for determination of respirator use and October 5, 1998, for all other provisions of the regulation. OSHA has issued a compliance directive to clarify its position on several of the new provisions of the standard. This directive is available on OSHA's web site: http://www.osha.gov The revised standard applies to all respirator use in the workplace and includes several new requirements not contained in the original standard, as well as significant changes to retained requirements. First, all employers must develop and maintain a respiratory protection program that contains work-site specific procedures for respirator use. The program must be administered by a person qualified by training or experience to do so and must include procedures for selecting respirators, medical evaluations for respirator users, fit testing for tight-fitting respirators, procedures for both routine and foreseeable emergency respirator use, maintenance procedures and schedules, procedures for ensuring adequate quality and quantity of breathing air for atmosphere-supplying respirators, employee training in respiratory hazards and the use and limitations of respirators, and procedures for the regular evaluation of the program effectiveness. Respirators must be selected based on the hazards and use factors that affect respirator performance. This stipulation requires that employers identify and evaluate workplace hazards, estimating employee exposures and identifying each contaminant’s chemical state and physical form. When the exposure cannot be estimated it shall be assumed to be an IDLH (Immediately Dangerous to Life or Health) atmosphere. Only full-facepiece pressure demand supplied-air respirators equipped with an auxiliary self-contained air supply or full-facepiece pressure demand SCBA certified for a minimum of thirty minutes may be worn for entry into IDLH atmospheres. Also, with the exception of an adjustment in oxygen concentrations at altitude,

VOLUME 8 NUMBER 4 — OCTOBER 1998

all oxygen-deficient atmospheres (i.e., atmospheres less than 19.5 %, unless otherwise noted in the standard) are considered IDLH atmospheres. The employer must provide respirators adequate to protect employees and ensure compliance with OSHA requirements for both routine and reasonably foreseeable emergency situations. The current revised standard does not define nor cover Assigned Protection Factors (APFs) or Maximum Use Concentration (MUC). For non-IDLH atmospheres either an atmospheresupplying respirator or an air-purifying respirator may be selected, provided that either the air-purifying respirator is appropriate for the contaminant and its chemical state and is equipped with an end-of-service-life indicator (ESLI) certified by NIOSH or the employer implements a change of cartridge schedule for canisters and cartridges that is adequate to ensure that they are changed before the end of their service life. Information and data used to establish this schedule must be included in the employer’s written respirator protection program. Air-purifying respirators used for protection against particulates must be equipped with a filter certified under the new NIOSH CFR 42, Part 84 certification requirements. The revised standard contains significant changes regarding physician approval to wear a respirator. Under the new requirements the employer must provide a medical evaluation for each employee before he/she is fit tested or is required to wear a respirator in the workplace. The medical evaluation consists of completion of an OSHA (or equivalent) medical evaluation form by each employee and subsequent review by the designated physician. Based on an individual employee’s responses to the questionnaire, the physician has the option of specifying additional review , medical tests, or other diagnostic procedures before determining if the employee is medically qualified to wear a respirator. This evaluation process requires the employer to identify the physician (or other licensed health care provider) and to provide that person with information on the nature of the respiratory hazards, type of respirator to be worn by each individual, and other workplace parameters important in the medical review. The physician’s medical determination must be in writing and include any limitations on respirator use or the need for follow-up medical evaluations. Further, for use of airpurifying respirators, if the physician finds a medical condition that places a worker at risk, the employer must provide a powered air-purifying respirator for that employee, provided the medical evaluation finds that the employee can use this type of respirator.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Follow-up medical examinations are required on a performanceoriented basis. All employees wearing tight-fitting respirators must pass a fit test. Fit testing must be performed prior to initial respirator use, whenever a different respirator facepiece is used, and annually. OSHA now specifies the required fit testing protocol for both qualitative and quantitative fit tests. All half-facepiece respirators, all tight-fitting supplied air respirators (when appropriately modified for the fit test or substituted with an identical air-purifying mask type), and full-facepiece air purifying respirators to be used only in atmospheres that do not exceed a maximum use concentration calculated using a qualitative protection factor not exceeding 10 may be qualitatively or quantitatively fit tested. Full-facepiece air-purifying respirators to be used in any atmosphere that exceeds a maximum use concentration calculated using a qualitative protection factor exceeding 10 must be quantitatively fit tested. The required OSHA procedures are specified in Appendix A of the standard. This mandatory appendix includes general fit testing requirements and the specific qualitative procedures when using isoamyl acetate, saccharin solution aerosol, Bitrex™ (denatonium benzoate) solution, and irritant smoke. The appendix also includes the mandatory quantitative fit test procedures for the aerosol generation chamber, ambient aerosol condensation nuclei counter (Portacount™), and controlled negative pressure (Dynatech) methods. Regarding general respirator use, the revised standard specifically prohibits facial hair that comes between the facepiece sealing surface and the face, and any corrective glasses or goggles that interfere with the facepiece seal. The new standard does not specifically prohibit the use of contact lenses. The useof-respirator section of the standard also requires the employer to re-evaluate the effectiveness of respirator use when there are changes in work area conditions or degree of employee exposure or stress. For IDLH atmospheres one or more employees shall remain outside the atmosphere, maintain communication with those employees entering the atmosphere, be trained and equipped to effect rescue, notify a designated person outside the atmosphere before entering to effect rescue, and be equipped with SCBAs (or supplied air respirators with auxiliary SCBAs), appropriate rescue retrieval equipment, and an equivalent means of rescue. Additional IDLH atmosphere requirements are specified for structural firefighters. All respirators must be clean, sanitary, and in good condition. OSHA specifies the required cleaning procedures in Appendix B-2 (mandatory). Respirators shall be cleaned and sanitized as often as necessary and whenever a respirator may be worn by a different employee. This requirement extends to respirators designated for emergency use and to respirators used in fit testing. Further, all respirators must be stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals. Also, respirators used for routine applications must be inspected before each use, while SCBAs and respirators designated for emergency use must be inspected at least monthly. The monthly

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inspection of emergency use-designated respirators must be certified in writing using a tag or label attached to the respirator case (or included in inspection reports). Respirators that fail inspection or are found to be defective shall be removed from service and discarded, repaired, or replaced. For air supplied respirators, the breathing air must meet the requirements for Type I-Grade D breathing air (ANSI Compressed Gas Association Commodity Specification for Air, G-7.1-1998). All cylinders of purchased breathing air must have a certificate of analysis that signifies they meet the Type I-Grade D requirement. Compressed oxygen may not be used in respirators that previously use compressed air, and breathing air containing greater than 23.5 percent oxygen may only be used in equipment designed for oxygen use. All breathing air cylinders must be tested and maintained as per DOT regulations (49 CFR part 173 and part 178) and may not have a moisture content exceeding a dew point of -50°C at one atmosphere pressure. Breathing air compressors shall be constructed to prevent the entry of contaminated air, minimize moisture content, and incorporate in-line air-purifying sorbent beds and filters and a display tag containing the most recent change date and signature of the person authorized to perform the change. Compressor air carbon monoxide levels shall not exceed 10 ppm, with oil-lubricated compressors incorporating a high-temperature and/or carbon monoxide alarm to ensure this requirement. All breathing air couplings must be incompatible with nonrespirable air or other gas systems. Regarding the identification of filters, cartridges and canisters, all such items must be labeled and color coded with the NIOSH approval label. Labels must remain legible and cannot be removed. For information and training, each trained employee must demonstrate knowledge of why the respirator is necessary; how improper fit, usage or maintenance can compromise protection; the limitations and capabilities of the respirator; how to use the respirator in emergency situations, including malfunctions; how to inspect, don, use and remove the respirator; how to check for proper respirator seals; procedures for maintenance and storage; how to recognize medical signs and symptoms that may limit or prevent proper use; and the general requirements of the standard. Training must be understandable to the employees, and must be provided prior to respirator use in the workplace. New employees trained in the last twelve months do not need to be retrained provided they can demonstrate knowledge. Employees shall be retrained annually and whenever changes in the workplace or respirator render previous training obsolete, whenever inadequacies in employee knowledge or use indicate the employee has not retained the training, and/or whenever else necessary. Also, employees who wear respirators when not required (by the standard or the employer) shall be provided with the basic advisory information in Appendix D of the standard. The employer shall conduct an evaluation of the workplace as necessary to ensure that the written program continues to be effective. This program evaluation shall include regular

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION consultation with employees to assess employees’ views on program effectiveness and any problems. Any problems identified during employee consultation shall be corrected. Factors to be assessed during program evaluation and employee consultation include respirator fit, respirator selection for workplace hazards, and proper respirator maintenance. Regarding recordkeeping, all medical evaluation records must be retained and made available in accordance with OSHA medical records requirements (29 CFR 1910.1020). Fit test records must be established for each employee and must include name or identification; type of fit test performed; specific make, model, style, and size of respirator tested; date of test; and the pass/fail results for qualitative fit tests or the fit factor and strip

chart or other recording for quantitative fit tests. The employer must also retain a written copy of the respirator program with all written materials made available upon request to employees and OSHA. The standard became effective April 8, 1998, with a compliance date of September 8, 1998, for employers to determine if respirator use is required in their workplace. Compliance with all other provisions of the standard became effective October 5, 1998.

REFERENCES 1.

Federal Register, Vol. 63, No. 5, January 8, 1998

VIABILITY OF CLANDESTINE METHAMPHETAMINE EXTRACTION FROM URINE TREVOR WILSON, B.S. AND EDWIN SMITH, B.S. Sacramento County District Attorney’s Crime Laboratory 4800 Broadway Ste 200 Sacramento, CA 95820-1530

(Note: This article is modified from the original work which can be found in Prosecutor's Brief: The California District Attorney's Quarterly Journal, Volume XX, No. 2, 1998, pp. 14-15) Recently, throughout the legal and law enforcement communities in northern California, the question regarding the feasibility of urine extraction has surfaced as a novel method of recovering methamphetamine. This is a method where methamphetamine is retrieved from the urine of drug users and the drug reused. Urine extraction labs are not common nor do they appear to be efficient enough to become a new clandestine laboratory trend. The authors have been contacted on several occasions to answer questions regarding the viability of such a “laboratory.” This article examines the topic of urine labs and what quantity of drug recovery is possible from this type of “manufacturing.” Clandestine methamphetamine laboratories are currently the hottest topic in law enforcement, from the DEA to local law enforcement agencies. As the popularity of these laboratories has grown and spread from California to the rest of the country, law enforcement has been chasing the clandestine “cookers” trying to stop, or at least curb, their production capabilities. As California legislators realized that simply shutting down the laboratories was insufficient to stop the production of methamphetamine, they decided to cut off the supplies of necessary chemicals. Legislation was passed to monitor and/or

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restrict the sales of most essential chemicals required to manufacture methamphetamine. Red phosphorus, iodine, hydriodic acid and ephedrine are no longer sold in California without a law enforcement agency knowing who purchased the chemicals. With the exception of the black market and illegitimate chemical companies, these chemicals have become rare commodities sending black market prices skyrocketing. As further restrictions are being placed on legitimate drug preparations, clandestine cookers are having a difficult time getting started in the manufacturing process. They are always on the look out for new sources or chemicals or new ways to get their drug. In a desperate attempt by the methamphetamine users to get a “fix,” there have been a few reported instances of what have become termed “urine extraction labs.” The authors have received reports from a hazardous waste site assessment company that they have come into contact, on more than one occasion, with clandestine methamphetamine laboratory sites which also have large buckets of urine on site. Recently in Sacramento County, there has been a documented account from a defendant regarding a method of retrieving methamphetamine from the urine of users. The question was then posed to the authors whether or not this method of obtaining methamphetamine would work or if it was just another urban myth.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Methamphetamine is a central nervous system stimulant which can be snorted, smoked or injected. The drug’s legitimate uses include the control of obesity, narcolepsy and has been used in the past as a stimulant in capacities where long-term, non-stop (24-48 hour) awareness and decision making is critical (truck drivers and combat soldiers). The reason methamphetamine is a California Schedule II drug is its propensity for abuse. Therapeutic doses, administered in tablet form, are on the range of 10-20 milligrams (mg) per day. The drug abusers can consume up to 2 grams of powder or chunk methamphetamine per day. Like all other substances including food, the methamphetamine dose must be removed from the body after it has been used. All chemical processes in the body produce waste and by-products which need to be eliminated from the body. The body removes waste (such as carbon dioxide) or unused substances from the body by excreting them through perspiration, respiration, urination and defecation. A portion of the methamphetamine dose ingested (in the range of 1 to 70%) is excreted unchanged in the urine. The body may metabolize a portion of the original dose into amphetamine (up to approximately 7%), which is also eliminated in the urine. In addition to these two compounds, the body also creates other compounds from the original methamphetamine dose and excretes those in the urine as well. A normal, healthy person who drinks 8 cups (1.9 liters) of water per day, eliminates, on average, 1.1 to 1.5 liters per day in the form of urine. The rest of the water is eliminated via respiration, perspiration and defecation. Urine is a complex mixture which contains water, urea, chloride salts, phosphate salts, pigments, hormones and other chemical compounds. Urine may also contain proteins, sugar, blood, pus, fat, cells, bacteria, ova, other drugs, parasites, and tuberculosis or other diseases. Methamphetamine does leave the body in the urine, but is just one of several components of the liquid. The amount of methamphetamine and amphetamine present in the urine and the amount recoverable is a complex issue with many variables. Frequency of use, size of dose, pH and time since last dose are just some of the unknowns which can affect the concentration of drugs in the urine. The following calculations are based on a theoretical user. The authors have not attempted such a recovery for methamphetamine. Thus, the following is simply a “thought” experiment. In order to calculate the amount of methamphetamine in the urine, the amount of methamphetamine ingested and urine output needs to be known. For this example, a hypothetical user is ingesting in excess of 200 mg of methamphetamine per day. The dose is also assumed to be taken for several consecutive days to maintain the level of methamphetamine going into and being eliminated from the body. It will be assumed that the user has an average water intake of 8 cups per day and a urine output of 1.1 liters per day. This user will be excreting up to approximately 100 mg/L of methamphetamine and 20 mg/L amphetamine in their urine. If we assume an excretion of 1.1 liters per day, then:

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100 mg/L x 1.1 L/day = 110 mg/day methamphetamine 20 mg/gal x 0.3 gal/day = 22 mg/day amphetamine Adding the two excretions together yields 132 mg total drug (methamphetamine and amphetamine) per day in the urine. Thus, through the urine, this theoretical user is excreting approximately 66% reusable drug. It should be stated that the two drugs are inseparable from a clandestine chemistry standpoint. The clandestine cooker will not be able to get only methamphetamine without also getting amphetamine. Most clandestine cookers do not have the sufficient knowledge or equipment to separate the amphetamine from the methamphetamine. Thus, for the rest of the experiment, the two drugs will be considered together. Both drugs do have similar physiological effects on the body, so our user will get an added bonus of the amphetamine without realizing it. The next step is to retrieve the drug from the urine. This is the dangerous (and noxious) part of the process as flammable solvents, caustic chemicals and urine all come into play. If we assume that our user is efficient at extracting the methamphetamine/ amphetamine from all of the other substances in the urine, our user can recover approximately 80% of these two drugs from their urine. At this efficiency, that is approximately 105 mg per day from this process. However, using this method, our user is not obtaining a pure product. Other biological and possibly unappealing by-products will be present in the final product. These may not be readily discernible to the obviously desperate user and may give them a heightened sense of accomplishment from the amount of solid they have left over. They may get a nice amount of solid or semi-solid from the other chemicals in urine which will extract with the methamphetamine and the amphetamine. Not all of the solid will be drug, but after all of the urinating and work required, they may not be very particular. A competent user may be able to further purify the product; but, with each clean-up, only 80-90% of the drug may be recovered each time. This means that after two subsequent purification steps, only 67 mg of drug is recovered. In summary, the original dosage of methamphetamine was in excess of 200 mg. After excretion, extraction and two purification steps, up to 67 mg of the drug is recovered and it is a mixture (83% methamphetamine and 17% amphetamine). Therefore, total recoverable drug from this experiment is approximately 33% of the drug ingested. This means that this particular user would have to collect all of their urine for almost 3 days to recover enough methamphetamine for one day. This indicates that the method is not very efficient unless the user is collecting urine from several subjects simultaneously. In that case, three users could theoretically recycle one dose in one day. Who wants it and who gets it? The above “thought” experiment illustrates the viability of the “urine extraction laboratory” as a method of collecting and recycling methamphetamine from the urine of drug users. The method is not very efficient and requires some chemical knowledge to get a usable product from all of the biological waste the body excretes. “Urine extraction laboratories” can exist,

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION theoretically. They do appear to violate California Health and Safety Code §11379.6(a) in terms of processing and producing by chemical extraction. These laboratories are not currently an issue for law enforcement agencies, but they may grow as the supplies of chemicals necessary to manufacture the drug continue to shrink.

REFERENCES Faulkner, W.R., and King, J.W., Renal Function, Fundamentals of Clinical Chemistry, N.W. Tietz, editor, W.B. Saunders Co., Philadelphia, PA, 1976.

Blakiston’s Pocket Medical Dictionary, 4th Edition, A.R. Gennaro et al, editors, McGraw-Hill Book Company, N.Y., NY, 1979. Cho, Arthur K., and Yoshito, Kumagai, Y., Amphetamine and its Analogs Psychophamacology, Toxicology and Abuse, “Metabolism of Amphetamine and Other Arylisopropylamines,” A.K. Cho and D.S. Segal, editors. Academic Press, N.Y., NY, 1994. Baselt, R.C., and Cravey, R.H., Disposition of Toxic Drugs and Chemicals in Man, 3rd Edition, Year Book Medical Publishers, Inc., Chicago, IL, 1989. Clarke’s Isolation and Identification of Drugs, 2nd Edition, A.C. Moffat, senior consulting editor, The Pharmaceutical Press, 1986.

IDENTIFICATION OF COMMON INORGANIC ACIDS ENCOUNTERED AT CLANDESTINE LABORATORIES SCOTT R. OULTON AND HARRY F. SKINNER Drug Enforcement Administration Southwest Laboratory National City, CA 91950

INTRODUCTION Inorganic acids are utilized in a wide variety of organic syntheses of controlled substances in clandestine laboratories [1]. Inorganic acids commonly encountered at sites include hydrochloric, hydriodic, hydrobromic, hypophosphorous, phosphorous, phosphoric, nitric and sulfuric acids. These acids can be a challenge to analyze utilizing typical laboratory instrumentation. However, the acids can be easily analyzed by utilizing simple silver and barium nitrate precipitation tests [2], and by reacting with ammonium hydroxide forming ammonium salts. The salts are isolated and identified by infrared spectrophotometry.

EXPERIMENTAL Prepare three separate solutions of the acid to be tested by adding 1 to 2 drops of the acid to approximately 1 milliliter (mL) of deionized water. The solutions are screened using Tests 1, 2 and 3. Test 1 (silver nitrate): Add 1 to 2 drops of 5% silver nitrate reagent and observe the precipitate, if any. If a precipitate is formed, add concentrated ammonium hydroxide and observe if the precipitate dissolves.

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Test 2 (barium nitrate): Add 1 to 2 drops of 5% barium nitrate reagent and observe the precipitate, if any. Test 3 (basic/barium nitrate): Add 1 to 2 drops of 50% sodium hydroxide. Check the pH to ensure that the solution is basic. Add more sodium hydroxide if necessary. Add 1 to 2 drops of 5% barium nitrate reagent and observe the precipitate, if any. Test 4 (ammonium salt, completely ionized): Add 0.5 mL of concentrated ammonium hydroxide to a 50-mL beaker. Slowly add one to two drops of the acid to the ammonium hydroxide. Check to ensure the pH is greater than 8. Add approximately 40 mL acetone to the beaker to precipitate the ammonium salt. The precipitate is filtered, air dried and an infrared spectrum is obtained. Infrared spectra are measured in KBr on a Nicolet Impact 400 Fourier transform infrared (FTIR) spectrophotometer. Optional Test 4 (ammonium salt, single ionization for polyprotic acids): One to two drops of the acid is added to 40 mL acetone in a 50-mL beaker. Slowly add concentrated ammonium hydroxide while monitoring the pH, being careful not to exceed pH 4/5. Under these conditions, the salt of a polyprotic acid will precipitate immediately, without ionizing the remaining protons. The precipitate is filtered and identified by infrared analysis.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Test 5 (ammonia formation, presence of nitrate ion): One to two drops of suspected nitric acid is added to a test tube. Slowly add sodium hydroxide to make the solution alkaline. Add a bead of aluminum metal. Place a folded piece of moist pH paper in the top of the test tube being careful not to touch any liquid that may be present on the sides. Monitor the formation of ammonia gas by observing the pH change of the paper to a pH 9/10.

RESULTS & DISCUSSION The preliminary screening tests will indicate which acid is most likely present. The acids that react with silver nitrate (Test 1) to form colored precipitates are easily distinguished from each of the other acids. Hydrochloric acid reacts with silver nitrate to form a white precipitate of silver chloride. The silver chloride precipitate dissolves with the addition of concentrated ammonium hydroxide. Hydrobromic acid reacts with silver nitrate to form a pale yellow precipitate of silver bromide. The silver bromide precipitate also dissolves with the addition of concentrated ammonium hydroxide. Hydriodic acid reacts with silver nitrate to form a yellow precipitate of silver iodide. The silver iodide precipitate turns a white milky color with the addition of concentrated ammonium hydroxide and does not dissolve. Hypophosphorous acid reacts with silver nitrate to form a black precipitate of metallic silver. The black precipitate will remain with the addition of concentrated ammonium hydroxide. None of these acids form a precipitate with barium nitrate in a acidic or basic solution. A summary of test results is shown in Table 1. Sulfuric and phosphoric acids form precipitates with the addition of barium nitrate; but do not form precipitates with silver nitrate. Sulfuric acid reacts with barium nitrate to form a white precipitate under both acidic and basic conditions. Phosphoric acid does not form a precipitate with barium nitrate under acidic conditions (Test 2). Under basic conditions, phosphoric acid reacts with barium nitrate to form a white precipitate of barium phosphate (Test 3). These two acids are easily distinguished from each other because phosphoric acid does not form a precipitate under acidic conditions. These acids are easily distinguished from the halides and hypophosphorous acids because sulfuric and phosphoric acid do not form precipitates with silver nitrate. Nitric and phosphorous acid do not form precipitates with silver nitrate or with barium nitrate under acidic or basic conditions. These acids are difficult to distinguish from each other using the salt precipitation tests. Another test can be employed to distinguish these acids from each other. One such test is distinguishing the nitrate ion from the phosphite ion (Test 5). Nitrate ion in alkaline solution is reduced to ammonia by active metals such as aluminum.

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Phosphorous acid does not produce ammonia under these conditions. The reaction is illustrated in the following equation [3]: 5 OH- + 8 Al + 18 H2O + 3 NO3-

8 Al(OH)4- + 3 NH3 (g)

Positive identification of the acids is determined by reacting the acids with ammonium hydroxide to form ammonium salts and identified by infrared analysis (Test 4). The infrared spectrums of the ammonium salts are found in Figure 1-11. The spectrums were compared against available literature spectra [4, 5]. When the salts are precipitated, excess ammonium hydroxide is used so the acids are completely neutralized. Acetone is chosen as the crystallization solvent due to the insolubility of the ammonium salts, thus making crystallization efficient. However, ammonium nitrate and ammonium hydriodide are soluble in acetone and do not precipitate. These salts are obtained by evaporating the acetone to dryness and subsequently collecting an infrared spectrum. Certain considerations must be made when making the ammonium salts. Hydriodic, hydrobromic, hydrochloric, hypophosphorous, and nitric acid only have one acidic proton. Therefore, only one salt can be formed. Phosphoric, phosphorous and sulfuric acid have multiple ionizable acidic protons and can form more than one salt. Phosphoric acid has three acidic protons. However, ammonium hydroxide is not basic enough to ionize the third proton; therefore, the only concern is making the monobasic and dibasic ammonium phosphate salts. Phosphorous and sulfuric both have two acidic protons, which are easily ionizable by ammonium hydroxide. The protons of hypophosphorous and phosphorous acids that are not ionizable are directly bonded to the phosphorus atom [6]. Care must be taken when making these salts in order to ensure that the desired salt is formed. When making the ammonium salts of polyprotic acids, the procedure and pH must be carefully monitored. One way to ensure that one salt is produced over the other is to completely neutralize the acid with ammonium hydroxide. With complete neutralization, two protons of phosphoric and both protons of phosphorous and sulfuric acid are completely ionized. However, valuable information is obtained by ionizing only one proton. In this case, the procedure is modified to only allow the monobasic salt to precipitate (optional Test 4). The infrared spectrums of the ammonium halides are similar. Ammonium chloride and ammonium bromide are very similar but clearly distinguishable from ammonium iodide. Ammonium chloride has three distinguishable bands at 2010, 1750 and 700 cm-1 in the infrared spectrum. The corresponding bands in ammonium bromide are slightly shifted to the right at 1960, 1700 and 600 cm-1. The infrared spectrum along with the results from the precipitation tests clearly identifies the acids. Ammonium iodide and ammonium nitrate are similar but also have distinct differences. Ammonium nitrate has three distinct sharp bands at 1040, 827 and 715 cm-1 and is clearly distinguishable from ammonium iodide. The infrared spectra of the other salts are clearly distinguishable.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Table 1. Results of precipitation tests Silver Nitrate

Ammonium Hydroxide

Barium Nitrate

Basified / Barium Nitrate

yellow precipitate

white precipitate

no precipitate

no precipitate

Hydrobromic

pale yellow precipitate

dissolves

no precipitate

no precipitate

Hydrochloric

white precipitate

dissolves

no precipitate

no precipitate

Hypophosphorous

black precipitate

no change

no precipitate

no precipitate

Sulfuric

no precipitate

N/A

white precipitate

white precipitate

Phosphoric

no precipitate

N/A

no precipitate

white precipitate

Nitric

no precipitate

N/A

no precipitate

no precipitate

Phosphorous

no precipitate

N/A

no precipitate

no precipitate

Acid Hydriodic

A potential problem is the ability to form ion exchange products when mixing these ammonium salts with potassium bromide. When preparing the potassium bromide pellets, samples should not be ground but simply mixed for no more than 5 seconds. Excessive grinding enhances the formation of ion exchange products. If care is taken, potassium bromide works well. Other infrared preparation techniques such as nujol mulls may be more appropriate. Some of the procedures and ammonium salts have inherent dangers. When mixing strong acids and bases, violent reactions may occur. It may be necessary to dilute the acids before mixing with ammonium hydroxide. Sulfuric acid reacts with bases in a violent manner. Ammonium hypophosphite and phosphite generate phosphine gas when heated [7]. Ammonium nitrate is explosive when mixed with organic solvents and an ignition source[7]. Care should be taken when making and disposing of these ammonium salts.

CONCLUSION

REFERENCES 1. 2.

3. 4.

Unknown acids are quickly screened using various salt tests. These salt tests indicate which acids are most likely present. Hydriodic, hydrobromic, hydrochloric and hypophosphorous acids each react with silver nitrate to form different colored precipitates. The addition of ammonium hydroxide dissolves silver bromide and silver iodide whereas silver iodide turns a white color but is not dissolved. The black color of silver nitrate and hypophosphorous acid remains unchanged with the addition of ammonium hydroxide. Sulfuric and phosphoric acid do not react with silver nitrate to form any precipitates. Sulfuric acid does react with barium nitrate under acidic or basic conditions to produce a white precipitate. Phosphoric acid only reacts with barium nitrate under basic conditions to produce a white precipitate. Nitric and phosphorous acids do not react with any of the salt tests described. Nitric acid is distinguished from phosphorous by reacting with aluminum metal and sodium hydroxide to form and detect ammonia gas.

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The acids are positively identified by forming ammonium salts. Infrared analysis confirms the presence of each acid by the identification of the subsequent ammonium salts. Analyses of inorganic acids allow for a better understanding by the forensic chemist of the overall synthesis process employed at clandestine laboratories.

5. 6. 7.

Skinner, H.F., “Methamphetamine Synthesis via Hydriodic Acid/Red Phosphorus Reduction of Ephedrine,” Forensic Science International, Vol. 48, 1990, pp. 123-134. Skinner, H.F., Oulton, S.R., “Identification and Quantitation of Hydriodic Acid Manufactured from Iodine, Red Phosphorus and Water,” Microgram, Vol. 28, No. 11, 1995, pp. 349-357. King, E.J., “Ionic Reactions and Separations,” Harcourt Brace Jovanovich, Inc. 1973, pp. 66-67 Kagel, R.O., Nyquist, R.A., “Infrared Spectra of Inorganic Compounds,” Academic Press, Inc., 1971, pp. 125, 151, 161, 257, 265, 407, 447, 465. Keller, R.J., “The Sigma Library of FT-IR Spectra,” Sigma Chemical Company, Inc., First Edition, 1986, Vol. 2 pp. 283a, 1012c, 1013b, 1014a, 1014c. Whitten, K.W., Gailey, K.D., Davis, R.E., “General Chemistry,” Saunders College Publishing, Third Edition, 1988, pp. 727-729. Budavari, S., Ed., “The Merck Index,” Merck & Co., Inc., Rahway, N.J., Eleventh Edition, 1989, pp. 565-566.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

%Transmittance

95

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Figure 1. Infrared spectrum of ammonium chloride, NH4Cl

98

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Figure 2. Infrared spectrum of ammonium bromide, NH4Br

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

95

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Figure 3. Infrared spectrum of ammonium iodide, NH4I 100 90 80

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Figure 4. Infrared spectrum of ammonium nitrate, NH4NO3

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 100 95 90

%Transmittance

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Figure 5. Infrared spectrum of ammonium hydrogen phosphate, (NH4)2HPO4

95 90

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Figure 6. Infrared spectrum of ammonium dihydrogen phosphate, NH4H2PO4

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 100 90

%Transmittance

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Figure 7. Infrared spectrum of ammonium hydrogen phosphite, (NH4)2HPO3

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Figure 8. Infrared spectrum of ammonium dihydrogen phosphite, NH4H2PO3

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90 80

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Figure 9. Infrared spectrum of ammonium hydrogen sulfate, NH4HSO4

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Figure 10. Infrared spectrum of ammonium sulfate, (NH4)2SO4

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

90 80

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Figure 11. Infrared spectrum of ammonium hypophosphite, NH4H2PO2

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

HPLC QUANTITATION OF CLANDESTINELY MANUFACTURED MIXTURES OF AMPHETAMINE AND METHAMPHETAMINE JAMES V. MALONE Drug Enforcement Administration DEA Southwest Laboratory 410 W. 35th St. National City, CA 91950-7910 (USA)

INTRODUCTION Clandestine laboratories manufacturing methamphetamine are quite common throughout the United States. The current synthesis method of choice for manufacturing methamphetamine in Southern California is the reduction of ephedrine or pseudoephedrine with hydriodic acid in the presence of red phosphorus [1]. The reduction of phenylpropanolamine with hydriodic acid will produce amphetamine. Mixtures of methamphetamine and amphetamine are frequently encountered in samples of clandestinely manufactured drugs [2]. Additionally, liquids observed at clandestine laboratories may contain mixtures of the drugs and the unreacted precursors. Reversed-phase high performance liquid chromatography (HPLC), utilizing narrow-bore columns, may be used as an instrumental technique to chromatographically separate phenylpropanolamine, pseudoephedrine, amphetamine, and methamphetamine for drug screening and quantitation.

EXPERIMENTAL Instrumentation These analyses were performed using a Hewlett-Packard HP1050 High Performance Liquid Chromatograph with a UV-Visible diode-array detector (DAD). The column was a narrow-bore Phenomenex 3.0 mm x 150 mm Inertsil ODS-2 with 5 mm particle size. The flow rate was 0.5 mL/min mobile phase held at a temperature of 30°C. The injection volume was 5 µL. The detector wavelength was 207 nm with a bandwidth of 5 nm and a reference wavelength of 350 nm with a bandwidth of 100 nm. The flow cell used was a 1.7 µL volume, 6 mm path length cell. The detector slit width was 2 nm. Mobile Phase The mobile phase utilized was a reversed-phase system that consisted of 50 mM phosphate buffer, approximately 50 mM organic amine modifier, and 10% acetonitrile. The buffer was prepared by dissolving 22.5 mL concentrated phosphoric acid into 4 L of HPLC grade water. Approximately 25 mL triethanolamine was added slowly and stirred while monitoring the pH until the pH was 2.2-2.3. This solution was filtered

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through a 0.45 µm filter and HPLC grade acetonitrile was mixed with the buffer solution to prevent bacterial growth. The final mobile phase composition was 90% buffer, 10% acetonitrile. A binary or quaternary pump system facilitates the on-line addition of acetonitrile to increase the mobile phase solvent strength. Concentration The analyte concentrations of phenylpropanolamine HCl, amphetamine HCl, pseudoephedrine HCl, and methamphetamine HCl were 0.5 mg/mL. The detector response utilizing peak areas was determined to be linear over the concentration range of 0.05 mg/mL to 2.0 mg/mL in methanol or water. Linearity studies should be established and verified on each individual instrument.

RESULTS

AND

DISCUSSION

One of the most common sources of precursor, ephedrine or pseudoephedrine, is through the diversion or purchase of gross quantities of tablets [2]. These tablets are ground to a fine powder and the precursor drug is simply extracted with a solvent such as alcohol or water. Increased regulation from law enforcement on tablet forms of ephedrine and pseudoephedrine has resulted in the reappearance of clandestinely manufactured amphetamine. Tablets are readily available containing phenylpropanolamine which, by the reduction with hydriodic acid and red phosphorus, will convert to amphetamine. Therefore, mixtures of pseudoephedrine or ephedrine with phenylpropanolamine will produce mixtures of amphetamine and methamphetamine with any unreacted precursors which may be present. Precursor extraction samples and acidic or basic synthesis samples encountered at clandestine laboratory sites are well-suited for analysis by high performance liquid chromatography. Separation of a mixture of phenylpropanolamine, amphetamine, pseudoephedrine, and methamphetamine was accomplished using high performance liquid chromatography and a narrow-bore Inertsil ODS-2 C-18 column. The first peak (2.998 min) was phenylpropanolamine, the second peak (3.742 min) was pseudoephedrine, the third peak (5.005 min) was amphetamine, and the final peak (6.122 min) was methamphetamine (Fig. 1.). All of the compounds displayed full

 1998 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 8 NUMBER 4 — OCTOBER 1998

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

D A D 1 A , S ig = 2 0 7 ,5 R e f= 3 5 0 ,1 0 0 m AU

2 .9 9 8 -

1200

p h en ylp ro p a n o la m in e

1000

3 .7 4 2 - p se u d o e p h e d rin e

800

5 .0 0 5 - a m p h e ta m in e 600

6 .1 2 2 - m eth a m p h eta m in e 400

200

0

1

2

3

4

5

6

7

8

9

m in

Figure 1. HPLC separation of amphetamine, methamphetamine, and precursors. baseline resolution. The best resolution, sensitivity, and peak shape for these compounds was obtained utilizing the instrument parameters listed. It should be noted that diasteriomeric pairs, ephedrine/pseudoephedrine and phenylpropanolamine/ norpseudoephedrine, have identical retention times and therefore co-elute. Alternative techniques such as gas chromatography, with specialized stationary phases, have shown success in resolving and identifying mixtures of ephedrine and pseudoephedrine [3]. Sample matrix adjustment may be necessary for strongly acidic (pH9). Strongly acidic conditions can remove the C-18 stationary phase from the silica-based column. Conversely, strongly basic conditions can dissolve the silica backbone of the column stationary phase. Therefore, it may be necessary to pH adjust the sample between pH 2 and pH 7 to extend column life [4]. For several years, the analytical columns used for HPLC quantification have seen very few changes. Column dimensions have consisted of primarily 4.6 mm diameter analytical columns and as large as 50 mm diameter preparatory columns. Over the last few years, there have been many improvements in the column packing technology resulting in higher efficiencies and greater stationary phase stability. This has spurred the development of new column packing designs and dimensions. Reducing the internal diameter while maintaining constant particle size, column length, and linear velocity provides very efficient separations with less dispersion, increased detection limits, and reduced solvent consumption. A 3.0 mm diameter narrow-bore column provides approximately 2.3 times greater sensitivity than a standard 4.6 mm analytical column without a loss of resolution. Narrow-bore columns provide less inter-column dispersion; however, due to the smaller volume, they become more susceptible to extra-column volumes. The length and diameter of capillary lines and connection volumes should be minimized. Injection volumes can be more critical as a contribution to dilution. The peak shape and retention time should be examined as increments are made in the injection volume. In addition, the

VOLUME 8 NUMBER 4 — OCTOBER 1998

mobile phase pump must be able to operate consistently at the lower flow rate.

CONCLUSION Sample mixtures containing phenylpropanolamine, amphetamine, pseudoephedrine, and methamphetamine can be separated by high performance liquid chromatography. This provides a viable method to screen or quantitate clandestine laboratory samples. The production capacity of the clandestine laboratory can be determined by quantitation of clandestine laboratory samples. Furthermore, quantitation of precursors may establish production capacity in the absence of finished product. Frequently, laboratories are encountered where solutions or powders only contain trace or residual quantities of precursors and/or finished products. It has been shown that high performance liquid chromatography utilizing narrow-bore column technology provides a rugged and sensitive instrumental method to quantify mixtures of these compounds.

REFERENCES 1. 2. 3.

4.

Skinner, H.F., “Methamphetamine Synthesis via Hydriodic Acid/Red Phosphorus Reduction of Ephedrine”, Forensic Science International, 1990, 48, 123-124. Drug Enforcement Administration, Statistical Reports, 1998. Oulton, S.R., “Separation and Identification of Ephedrine, Pseudoephedrine, and Methamphetamine Mixtures”, Journal of the Clandestine Laboratory Investigating Chemists Association, 1997, 7(4), 19-23. Snyder, L.R.; Glajch, J.L.; Kirkland, J.J. Practical HPLC Method Development: Wiley-Interscience: New York, 1988; pp 81-82.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

IN THIS ISSUE ... Content of Journal Waning; Submissions Critical To Future ....................... 2 New Applicants For Membership ................................................................. 3 Silly Recipes From The Internet: LSD From Foster’s Beer......................... 4 Laboratory Seizures ....................................................................................... 7 DEA Publishes Special Surveillance List For Clandestine Laboratory Supplies and Chemicals ................................. 11 OSHA Amendments To The Permit-Required Confined Space Standard ...................................................................... 14 Bruce Lazarus, CIH Illegal Synthesis Of Etonitazene ................................................................. 20 Vladimir Sorokin, Ph.D. Impurities In Methamphetamine Manufactured From Over-The-Counter Pseudoephedrine Tablet Preparations .................... 21 Lynn Melgoza, M.S. Clandestine Manufacture Of Tetrahydrocannabinol Precursors ................. 29 Wayne J. Mitchell, B.Sc. (Hons); James R. Pearson, Ph.D.; and M. John White, M. Appl. Sc.

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Association Officers President: Catherine Wojcik San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200 Vice-President: Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab – Annex 1704 E Bullard Fresno, CA 93710-5856 (559) 278-7732 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main St Ste 700 San Francisco, CA 94105-2018 (415) 744-7051 Past-President: Terry A. Dal Cason DEA North Central Laboratory 536 S Clark St Rm 800 Chicago, IL 60605-1509 (312) 353-3640 Executive Board Members: Kathy Wilcox OSP Forensic Laboratory 333 4th Av Coos Bay, OR 97420-4380 (541) 269-2967 Gina Williams San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CONTENT OF JOURNAL WANING; SUBMISSIONS CRITICAL TO FUTURE ROGER A. ELY Editorial Secretary As you may have noticed, the Association did not publish it’s regular April issue this year. The reason? Very simply, a lack of interest and contributions by the members of the Association forced the combining of what little material I had for April with the July issue. Even with putting out requests by email and fax, I failed to receive sufficient material to fill even 4 pages of the Journal! This is a pretty sad state of affairs. At this time, the Association’s membership count is nearly 450 members from the US, Canada, Australia, New Zealand, the UK, the Netherlands, South Africa, Russia, Poland, Italy, France, Slovakia, and several other countries. Yet, the same handful of people remain the consistent contributors to the Journal: Rick Laing, Tim McKibben, Harry Skinner, Scott Oulton, Julie Doerr, Jerry Massetti, Bruce Lazarus, Vladimir Sorokin, Peter Vallely, Vince Murtaugh, Clyde Richardson, Eric Lawrence, Bob Block, and several more. In the past two issues, we’ve even had substantial contributions from two scientists who are not yet members: Lara Walker and Wayne Mitchell. In this issue, Lynn Melgoza has graciously submitted her thesis for publication. I have witnessed, over the past several years, the membership of the Association acting like one big vacuum cleaner … sucking up information, but not replacing it. Sure, we’re all busy with our casework, our ASCLD-LAB inspection preparation, our ABC certification studies, and, especially, our lab callouts. But we all have information we gather each day that must be shared with our peers, else we defeat the purpose of our organization – the rapid dissemination of technical information and data regarding ALL facets of clandestine laboratory investigations. I had an opportunity to spend a couple of days with our former President, Tim McKibben, recently. We had a marvelous time catching up on what we were seeing, hearing about, and doing

with respect to clandestine labs – to the point his wife, Angela, would come back from a trip out of the house and we would be in the same spot at the kitchen table talking shop. She would just shake her head in disbelief! Tim had a brilliant idea, one I support totally. Tim believes so strongly, as I do, in the Journal that he feels contributing to the Journal at least once a year is not too much to ask of each member. Tim’s proposal: a yearly contribution to the Journal should be a requirement of membership – if you don’t contribute during the year, you lose your membership in the Association. I agree totally; but then I’m prejudice. Unfortunately, this type of mandate would never come to fruition primarily due to the fact the majority who would vote it down is the same majority who is always taking, not contributing to the Association. I will not, though, print a watered down version of the Journal – just to print something. I would ask each of you to look closely at what you do, and share it with the other members of the Association.

Erratta In Volume 9, Number 1 (January 1999) of the Journal there is an error in the paper titled “Identification Of The Potassium Salt Of gamma-Hydroxybutyrate (GHB K+)”. On page 18, top right column under “Sample Prep” the fourth point should read: “Inject 0.5 µl to 1 µl.” The Editor regrets this error and apologizes to the author.

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes ............................. OSP Forensic Laboratory - Portland, OR ................................................ (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab - Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................DEA Special Testing and Research Lab – McLean, VA ......................... (703) 285-2583 O. Carl Anderson ..................... Kansas Bureau of Investigation Lab - Great Bend, KS ........................... (316) 792-4353 Jerry Massetti ........................... CA DOJ Crime Lab – Fresno, CA ........................................................... (559) 278-7732 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452 Rodney Norris .........................ESR Forensics - Aukland, NZ .................................................................. 649-815-3670 Peter Vallely ............................ J. Tonge Centre for Forensic Science - Brisbane, Australia .................... 617-3274-9031

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 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

NEW APPLICANTS FOR MEMBERSHIP The following individuals have submitted applications for consideration to become members of the Association. Please take a few moments to examine the names on the list. If you should note anyone you feel would be unsuitable for membership in the Association, please contact Pamela Johnson, Membership Secretary, by email at [email protected] or by telephone at (573)651-2221. If you know of others who would like to be accepted this year please have them contact Pam for an application packet before August 31, 1999.

APPLICANTS FOR REGULAR MEMBERSHIP Boyd Lasater ............. California DOJ, Sacramento, CA Kevin Erskine ........... DEA, Chicago, IL Agnes D. Garcia ....... DEA, Miami, FL Valerie Kamb ............ Johnson County Crime Lab, Mission, KS Dorinda Arch ............ Las Vegas Metro PD, Las Vegas, NV Thomas Melville ....... Las Vegas Metro PD, Las Vegas, NV Alexandra Morris ..... Lothian & Borders Police Lab, Edinburgh, Scotland Sandra Antoniak ....... MO Highway Patrol Lab, Park Hills, MO Michael Gorn ............ NH State Police Lab, Concord, NH

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

Joy Pugh ................... Northeast Area Criminalistics Lab, Kirksville, MO John Paulson ............. Tulsa PD Forensic Lab, Tulsa, OK Leland Samuelson .... Oregon State Police Lab, Portland, OR John Evans ................ Pennsylvania State Police, Harrisburg, PA Barbara Hopkins ....... Utah State Crime Lab, Salt Lake, UT Scott McDaniel ......... Utah State Crime Lab, Salt Lake, UT Marcus Pomeroy ....... Victoria Forensic Science Centre, Melbourne, Australia Robert Llano ............. Virginia Division of Forensic Science, Norfolk, VA

APPLICANTS FOR ASSOCIATE MEMBERSHIP Frank Del Re ............. DEA Special Agent, Blaine, WA

APPLICANTS FOR AGENCY MEMBERSHIP Julia Nagy ................. Institute of Forensic Sciences, Budapest, Hungary Martine Chabrillat .... Laboratoire Des Douanes, Paris, France Michael Bovens ........ City Police of Zurich Scientific Forensic Service, Zurich, Switzerland

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

SILLY RECIPES FROM THE INTERNET: LSD FROM FOSTER’S BEER (Submitted by: Julie Doerr, CA DOJ Lab - Watsonville; from: http://www.schnism.net/txt/lsd.txt) AUTOR: Dave Rhodes Dear Friend, My name is Dave Rhodes. In September 1988 my car was reposessed and the bill collectors were hounding me like you wouldn’t believe. I was laid off and my unemployment checks had run out. The only escape I had from the pressure of failure was my lab set and chemistry textbook. I longed to turn my advocation into my vocation. Follow my recipe and your dreams will come true. Sincerely yours, Dave Rhodes ooo ooooo .o. oooo oooo oooooooooooo ‘88. .888’ .888. ‘888 .8P’ ‘888’ ‘8 888b d’888 .8"888. 888 d8' 888 8 Y88. .P 888 .8' ‘888. 88888[ 888oooo8 8 ‘888’ 888 .88ooo8888. 888‘88b. 888 “ 8 Y 888 .8' ‘888. 888 ‘88b. 888 o o8o o888o o88o o8888o o888o o888o o888ooooood8 ___________________8_8______________________ ___ | |88...........ad88888ba...88888888ba,..| | /’___) | |88..........d8".8.8.”8b..88......‘“8b.| || (__ | |88..........Y8,.8.8......88........‘8b| || ,__) _ _ _ | |88..........‘Y8aaaaa,....88.........88| || | /’_‘ ) ___ ( )_ | |88............‘“8”8"8b,..88.........88| |(_) ( ( | |/’,__)| ,_) | |88..............8.8.‘8b..88.........8P| | ‘\__,_)\__, \| | | |88..........Y8a.8.8.a8P..88.......a8P.| | (____/| |_ | |88888888888..”Y88888P”...88888888Y”’..| | ‘\__) —————————8-8——————————— ___ ( _‘\ | (_(_) __ __ ‘\__ \ /’__‘\ /’__‘\ ( )_) |( ___/( ___/ ‘\____)‘\____)‘\____)

_ _ _ ( )_ ( ) _ /’_‘\ | ,_)| |__ (_) ___(_) ) | | | | _ ‘\| |/’,__) /’/’ | |_ | | | || |\__, \ |_| ‘\__)(_) (_)(_)(____/ (_)

________|\ (________ > . |/

It’s a SINGLE DOSE of LSD — 50 MICROgrams. On the STREET, it sells for about TEN DOLLARS. It’s small enough to fit on the head of a pin.

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 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION _ | | __ _ _ __ __| | / _‘ | ‘_ \ / _‘ | _ _ | (_| | | | | (_| | (_|_|_)__,_|_| |_|\__,_|

_ _ _ ___ | | | | (_) |__ \ | |_| |__ _ ___ ) | | __| ‘_ \| / __|/ / | |_| | | | \__ \_| \__|_| |_|_|___(_)

____ ________|\ /__/ | (________ > | | | |/ |___|/

It’s a SMALL cube of PURE LSD — 30 GRAMS. On the STREET, it sells for a AMAZING SIX HUNDRED THOUSAND DOLLARS. It fits in your pocket and, more importantly, YOU CAN MAKE IT IN YOUR OWN HOME FOLLOWING MY SIMPLE INSTRUCTIONS. ___ __ _ _ |_ _|/ _| _ _ ___ _ _ ___ __ _(_) __| | | || |_ | | | |/ _ \| | | | / __|/ _‘ | |/ _‘ | | || _| | |_| | (_) | |_| | \__ \ (_| | | (_| | |___|_| \__, |\___/ \__,_| |___/\__,_|_|\__,_| |___/ d8' I8, 8 ,8I 88 d8' d8' ‘8b d8b d8’ 88 d8' “” “8, ,8”8, ,8" 88 “” Y8 8P Y8 8P ,adPPYba, 8b db d8 88 ‘8b d8’ ‘8b d8’ a8" “8a ‘8b d88b d8’ 88 ‘8a a8’ ‘8a a8’ 8b d8 ‘8b d8’‘8b d8’ “” ‘8a8’ ‘8a8’ “8a, ,a8” ‘8bd8’ ‘8bd8’ aa ooooooooo. ‘8’ ‘8’ ‘“YbbdP”’ .o8 YP YP 88 ‘888 ‘Y88. “888 888 .d88' .ooooo. .oooo. .oooo888 .ooooo. ooo. .oo. 888ooo88P’ d88' ‘88b ‘P )88b d88’ ‘888 d88’ ‘88b ‘888P”Y88b 888‘88b. 888ooo888 .oP”888 888 888 888 888 888 888 888 ‘88b. 888 .o d8( 888 888 888 888 888 888 888 o888o o888o ‘Y8bod8P’ ‘Y888"”8o ‘Y8bod88P” ‘Y8bod8P’ o888o o888o

.o. 888 888 Y8P ‘8’ .o. Y8P

LSD can be derived from the ergot virus which is commonly found on hops and wheat. While it’s possible to scrape the virus off the stalks of these plants, there’s a much easier way to get ergot... _____ _ _ | ___|__ ___| |_ ___ _ __( )__ | |_ / _ \/ __| __/ _ \ ‘__|/ __| | _| (_) \__ \ || __/ | \__ \ |_| \___/|___/\__\___|_| |___/

____ | __ ) ___ ___ _ __ | _ \ / _ \/ _ \ ‘__| | |_) | __/ __/ | |____/ \___|\___|_|

Foster’s Beer is one of the few beers made with ergot-containing grains, and it is definitely the most available. First, you’ll need some big, blue cans of Foster’s Beer, which you can purchase at most local supermarkets. 1. Buy 12 cans of Foster’s Beer. In a pan, heat the beer to a slow boil, in order to remove the water and isolate the ergot-containing compounds. Boiling off the water should take approximately 36 hours — don’t rush the process, or you risk damaging the ergot-containing compounds. As the beer evaporates, simply add more beer. In this way, eventually, you’ll have the essential compounds from all 12 beers in the bottom of the pan.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 2. It’s now necessary to pH neutralize the slightly acidic ergotamine solution, using a weak base. No-fat household milk is ideal for the job. Mix in 1/4 cup of no-fat milk (be *sure* not to use milk with any milkfat) and wait 30 minutes for the solution to reach equilibrium. At this point, you have a weak solution of ergotamine with which you can continue the process. It should be a creamy brown color and a bit gooey. Be careful, because ergotamine is ____ _____ ___ ____ _ __ __ | _ \| ____|/ _ \| _ \| | \ \ / / | | | | _| | |_| | | | | | \ V / | |_| | |___| _ | |_| | |___| | |____/|_____|_| |_|____/|_____|_|

____ ___ ___ ____ ___ _ _ | _ \ / _ \_ _/ ___| / _ \| \ | | | |_) | | | | |\___ \| | | | \| | | __/| |_| | | ___) | |_| | |\ | |_| \___/___|____/ \___/|_| \_|

3. Next, it’s necessary to combine lysine with the ergotamine solution. Lysine is available in most health food stores. You’ll need about 2 grams of lysine (that’s 20 100mg pills). Cool the ergotamine solution to near freezing in your freezer (to avoid desosphyxiation with CO2 in the air). Now, simply grind the pills into a powder and mix into your ergotamine solution. You now have lysergic acid. 4. You *want* LSD, lysergic acid diethylamide, however, and so you need to ethylate your compound and then ammonate it. Sound hard? ___ _ |_ _| |_ | || __| | || |_ |___|\__|

_ _ _ _ (_)___ _ __( ) |_| | | / __| ‘_ \/| __| | | \__ \ | | || |_|_| |_|___/_| |_| \__(_)

Simply add ethyl alcohol to the lysergic acid mixture. Pure grain alcohol is ideal, but Bacardi 151 or some other high-proof alcohol will work fine. Add 1 cup of pure alcohol, 1 1/3 cup of 151 proof, or 2 cups of 100 proof. Now, to remove the hydroxyls, add 6 cups of 4% hydrogen peroxide (available at your local pharmacy) or 24 cups of 1% (stronger is better) Be careful, because now your compound is _ _ _ _ _ __ __ _ _ _ _ | | | (_) __ _| |__ | |_ _ \ \ / /__ | | __ _| |_(_) | ___ | |_| | |/ _‘ | ‘_ \| | | | | \ \ / / _ \| |/ _‘ | __| | |/ _ \ | _ | | (_| | | | | | |_| | \ V / (_) | | (_| | |_| | | __/ |_| |_|_|\__, |_| |_|_|\__, | \_/ \___/|_|\__,_|\__|_|_|\___| |___/ |___/ [Keep it away from open flames] 5. Now, for the final step in preparation, add 4 ounces of pure ammonia to the solution and let sit at room temperature for 3 days. This waiting period allows for the slow reaction to take place — at higher temperatures this reaction occurs much more quickly, but you risk decomposition of the LSD. At the end of the three days, you’ve done it!

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

_ ____ ____ | | / ___|| _ \ | | \___ \| | | | | |___ ___) | |_| | |_____|____/|____/ The expected yield of LSD is 100 grams, over 1,000,000 doses! Be VERY, VERY careful at this point, because the solution you’re dealing with is *extremely* *concentrated*. If any gets on your hands, you could be tripping for years! Now, put about 20 gallons of water in a barrel,and stir in the LSD using a large oar. At this level of dilution, a 1/4 cup contains about 100 hits. You can dispense the hits using an eye dropper (3 or 4 drops per hit).

LABORATORY SEIZURES UNUSUAL LAB SAMPLES IN MONTEREY – SAN FRANCISCO BAY AREA Phenylacetic Acid / Lead Acetate Personnel from the Freedom Laboratory responded to a lab in Fremont, CA, this spring. In addition to manufacturing methamphetamine via the ephedrine/hydriodic acid route, the suspect had approximately 18 pounds of phenylacetic acid and approximately 25 pounds of lead acetate. Four exhibits containing lead acetate were seized. Two were standard brown jars, with one of the containers unlabelled and the other having a label written in Spanish. The other two exhibits had been wrapped in several layers of plastic, then had a layer of axle grease (or something similar), then the final layer of duct tape. Based upon analysis results, there is no indication that any manufacture of P-2-P had already occurred. Additionally, the suspect had a bottle of hydrofluoric acid (see below). Hydrofluoric Acid We have encountered hydrofluoric acid at three clandestine laboratory sites within the same month. It is not believed that the three sites are related. All three sites were utilizing the ephedrine/HI route (or a variation thereof), although one site also had lead acetate and phenylacetic acid. All three sites were operated by “Beavis and Butthead” types, not Mexican nationals. We have not been able to determine if the HF is being used in the manufacture process or if it’s just a coincidence finding it at these three sites. Because of the dangers involved with HF, we are hesitant to sample it if it’s not involved in the process. Is anyone else seeing this? Are you sampling it? Do you know if it’s being used in the process?

THE “NAZI METHOD” IS -A-COMING? In March and April 1999, Central Valley Criminalists responded to suspected clandestine drug labs in Merced County. The BNE agents suspected that the “Nazi” (Birch Reduction) method was being used. Apparently Missouri has sent one of their fine citizens to California and he is distributing the Nazi Method recipe throughout Merced County. Officers were tipped off by a farm supply store that alerted police that suspects were stealing anhydrous ammonia from spray rigs intended to be sent out to farmers. At both labs were various brands of starting fluid (Snap, Prestone, Johnsen’s), some containing ethyl ether and petroleum distillates. Some of the cans were punctured on the bottom. Also at the labs were Energizer AA High Energy Lithium Photo Batteries, a sun tea jar with liquid and a solid resembling fish tank rocks, empty propane canisters, a canteen with ammonium hydroxide, an empty metal thermos (apparently used as a container for anhydrous ammonia being stolen from farm supply stores), various glass jars with liquids, used coffee filters, Morton’s Salt containers and a glass mason jar with hoses attached at the top. During analysis, by-products that have been previously discussed in the CLIC Journal, Volume 7 Number 2 - April 1997, “Methamphetamine Byproduct From Birch Reduction Tentatively Identified” were found. The spectrum was very similar to methamphetamine, but the retention time was about 0.2 minutes later than the methamphetamine. Analysis of the items showed that most were basic including the finished product. Libby Schreiber CA DOJ Crime Lab - Ripon, CA

Julie Doerr CA DOJ Crime Laboratory – Freedom

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION TWO LONG-TIME COOKS CAPTURED IN BRITISH COLUMBIA In Vancouver, British Columbia, if any “old time” officer was asked the question “Who’s the most infamous cook?” the reply would undoubtedly be “Izzy Brown”. This particular individual has had a history of inadvertently blowing up labs over the past 20 years. Since 1990, three of his labs have been found – one by fire and the others as mobile labs in panel trucks in the lower mainland of BC. While charges from the latter two labs are still pending, he was arrested last month in another lab where approximately 10 oz. of methamphetamine was seized. The crystallization process involved placing 4L pickle jars filled with a solution of methamphetamine HCl in acetone in a Coleman cooler filled with dry ice. This time he was using the HI/P reaction on pseudoephedrine from Sudafed tablets. It is worthy to note that of the last six labs seized, all were extracting pseudoephedrine tablets. It is suspected this is due to two reasons: First, legitimate chemical suppliers refuse to sell bulk ephedrine even though it is still legal to do so in Canada; and secondly, Health Canada drug inspectors working with Customs Canada ask “pointed” questions regarding the importation of bulk ephedrine and pass on the information to the local precursor control program of the Royal Canadian Mounted Police. In Izzy’s last four labs he has shown a diversity in techniques and methods from a burned out lab suspected of producing MDA (1994), to P-2-P manufacturing from phenylacetic acid and acetic anhydride (mobile lab 1996), to the mercury-aluminum amalgam reaction on P-2-P and methylamine (mobile lab 1997), to the most recent seizure using the reduction of pseudoephedrine. In this last seizure, interestingly enough, a singed copy of PIHKAL was discovered which I suspect was salvaged from the MDA fire. The second arrest is of “special” interest for several reasons. Douglas Garland was apprehended in May 1999 in the parking lot of the British Columbia Institute of Technology (BCIT), whose main campus is located just across the street from our laboratory. He was gainfully employed with the Chemistry Department as a contract chemist under an assumed name and assumed credentials of an “MSc”. He was working on a contract developing analytical procedures for assaying active ingredients in herbal preparations for Health Canada and actually had visited our building for training. This individual had been arrested in 1992 in Calgary, Alberta, for manufacturing 1 Kg of methaqualone, 90 g of methamphetamine, and was suspected to have manufactured MDA, MDMA, and DMT. Garland had been a fugitive every since. Further investigation revealed Mr. Garland had been employed at a large local analytical laboratory for 5 of the past 7 years in trace organic analysis. He was also an auditor for an ISO accreditation body. It is suspected that prior to his arrest in 1992 in Calgary, while he worked in another trace organic laboratory, he ordered precursors and chemicals under

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an assumed alias (a Ph.D. no less) that were then diverted out the back door. The Health Canada contract was with our “sister” lab with whom we co-locate. An investigation revealed no breach of security in our drug lab. It would have, however, been interesting if this individual had been given a tour through the drug lab where he would have undoubtedly come across an 8x10" photo of his clan lab on my wall of fame! Richard Laing Health Canada – Burnaby, BC

MDMA TABLETS SEIZED IN WISCONSIN The Wisconsin Crime Laboratory recently received two submissions which contained 3,4-methylenedioxymethamphetamine (MDMA). The first submission consisted of clear capsules containing MDMA and guaifenesin. The second submission contained MDMA in round, white tablets which were single-scored on one side and had a raised embossed heart shape on the other side. Robert Block WI State Crime Laboratory – Madison

NUMEROUS DRUGS REPORTED IN RUSSIA In February 1999, a clandestine laboratory synthesizing 4-bromo-2,5-dimethoxyphenethylamine (2-CB) was discovered at the Moscow State University. 2-CB has not been seen before in Russia. The synthesis of 2-CB was taken from a copy of PIHKAL by Shulgin and Shulgin, and belonged to one of the suspects. A large quantity of chemicals and glassware were confiscated from the suspects. In addition to 2-CB, PCP, amphetamine, dimethyltryptamine, DOET, marijuana and heroin were seized. Many chemical documents were found, including methods to manufacture methadone, mescaline, and cyclodole. There were structural formulas for many analgesic drugs as well as references to producing dimethyltryptamine and diethyltryptamine. Heroin has become a great problem in Russia. As little as 7-8 years ago, you could hardly find heroin in the Russian territories. Nowadays, heroin has become one of the main drugs being used in Russia and its provinces. V. Sorokin Criminalistics Center – Moscow

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION BUNK RED PHOSPHORUS ENCOUNTERED

2-chloromethylpropionate were reacted to produce the 3,4-methylenedioxyphenylglycidic acid methyl ester.

While analyzing a clandestine laboratory sample, I came across a sample which would not demonstrate the identification characteristics normally seen with red phosphorus. I mentioned to my co-workers that the material looked like jeweler’s rouge. Criminalist Sarah Yoshida offered to perform a XRF analysis on the sample for me. This sample and several others I had collected from other cases all showed a strong iron peak suggesting my conjecture was correct. Yet another sample had a red, chalky appearance and I suspected this was probably ground up red chalk. XRF analysis of this sample showed a strong calcium peak. It appears somebody out there is selling bunk red phosphorus! You just can’t trust anyone anymore! Ken Warburton CA BFS Crime Laboratory – Ripon

RECENT SEIZURE OF MDMA LAB IN SANTA BARBARA AND SAN DIEGO A suspected MDMA laboratory was seized in Santa Barbara, CA in June of 1999. The suspects are believed to have been synthesizing MDMA from 3,4-methylenedioxyphenyl-2propanone (MD-P2P), methylamine, hydrogen gas, and a metal catalyst in a commercial hydrogenator.

Harry Skinner DEA Southwest Laboratory – San Diego

BEER BOTTLES AND VARIOUS CONTAINERS USED IN THE MANUFACTURING OF METHAMPHETAMINE. Several methamphetamine laboratory investigations have revealed lab cooks using beer bottles, a metal thermos bottle and soft drink syrup dispensers for cooking methamphetamine as depicted in the attached photographs. These particular operations involved the “ephedrine/red phosphorus/iodine” technique. The containers apparently were being used as reaction vessels in the manufacturing process for methamphetamine. When the top was removed, a cloud of poisonous hydrogen iodide gas escaped. Officers should be extremely cautious when examining any evidence found in clandestine laboratory operations. It is highly recommended that collection of any evidentiary items be left to trained personnel. Bill Chandley and Bill Ginn Texas DPS Crime Lab – Austin

O O

C

C

CH3

1. KOH 2. HCl

O

O

COOCH3

O

CH3

O

Reaction of 3,4-methylenedioxyphenylglycidic acid methyl ester to MD-P2P

The precursor, MD-P2P, was obtained from 3,4-methylenedioxyphenylglycidic acid methyl ester. The glycidic ester was treated with potassium hydroxide to form the potassium salt and decarboxylated with hydrochloric acid to MD-P2P. O

O

CHO

CH3

+ O

Cl

C COOCH3

Darzen condensation

O

O

C

C

CH3

COOCH3

Reaction of piperonal and 2-chloromethylpropionate to 3,4-methylenedioxyphenylglycidic acid methyl ester

Subsequent investigation indicated the glycidic ester was obtained from a chemical firm that manufactures special order products. The glycidic ester was suspected to have been formed by a Darzen condensation reaction of a ketone with an α-halo ester to form the α,β-epoxy ester. Piperonal and

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

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 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

DEA PUBLISHES SPECIAL SURVEILLANCE LIST FOR CLANDESTINE LABORATORY SUPPLIES AND CHEMICALS DEPARTMENT OF JUSTICE Drug Enforcement Administration [DEA-172N] Special Surveillance List of Chemicals, Products, Materials and Equipment Used In The Clandestine Production of Controlled Substances Or Listed Chemicals AGENCY: Drug Enforcement Administration (DEA), Justice. ACTION: Final Notice SUMMARY: On October 3, 1996, the Comprehensive Methamphetamine Control Act of 1996 (MCA) was signed into law. The MCA makes it unlawful for any person to distribute a laboratory supply to a person who uses, or attempts to use, that laboratory supply to manufacture a controlled substance or a listed chemical, with reckless disregard for the illegal uses to which such laboratory supply will be put. Individuals who violate this provision are subject to a civil penalty of not more than $25,000; businesses which violate this provision are subject to a civil penalty of not more than $250,000. The term “laboratory supply” is defined as “a listed chemical or any chemical, substance, or item on a special surveillance list published by the Attorney General, which contains chemicals, products, materials, or equipment used in the manufacture of controlled substances and listed chemicals.” This final notice contains the list of “laboratory supplies” which constitutes the Special Surveillance List that was required to be published by the Attorney General pursuant to Title 21, United States Code, Section 842(a). EFFECTIVE DATE: May 13, 1999 FOR FURTHER INFORMATION CONTACT: Frank Sapienza, Chief, Drug and Chemical Evaluation Section, Office of Diversion Control, Drug Enforcement Administration, Washington, D.C. 20537, Telephone (202) 307-7183. SUPPLEMENTARY INFORMATION: On October 3, 1996, the Comprehensive Methamphetamine Control Act of 1996 (MCA) was signed into law. The MCA broadens controls on listed chemicals used in the production of methamphetamine and other controlled substances, increases penalties for the trafficking and manufacturing of methamphetamine and listed chemicals, and expands regulatory controls to include the distribution of lawfully marketed drug products which contain the listed chemicals ephedrine, pseudoephedrine and phenylpropanolamine. The MCA also provides for the publication of a Special Surveillance List by the Attorney General. 21 U.S.C. 842(a). The Special Surveillance List identifies

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laboratory supplies which are used in the manufacture of controlled substances or listed chemicals. The MCA defines “laboratory supply” as “a listed chemical or any chemical, substance, or item on a special surveillance list published by the Attorney General which contains chemicals, products, materials, or equipment used in the manufacture of controlled substances and listed chemicals.” 21 U.S.C. 842(a). The Deputy Administrator of the DEA, in a December 1, 1998, Federal Register notice (63 FR 66201), published a proposed Special Surveillance List. The notice provided an opportunity for all interested parties to submit their comments and objections in writing on the proposed Special Surveillance List until December 31, 1998. DEA received one comment regarding the proposal. The comment was a joint response from the Agricultural Retailers Association (ARA) and The Fertilizer Institute (TFI). Both organizations fully supported the DEA’s implementation of the Methamphetamine Control Act of 1996 and specifically the publication of the “Special Surveillance List” of laboratory supplies used in methamphetamine production. The ARA/TFI, however, asked if its members would be subject to the $250,000 civil penalty provisions of the MCA for thefts of anhydrous ammonia, a Special Surveillance List chemical, from portable tanks stored on their properties. In response to the ARA/TFI question, the civil penalty provision of the MCA applies to a “distribution” or “sale” of a laboratory supply by a business or firm to a customer for the unlawful production of controlled substances or listed chemicals. A theft by definition is not a distribution or a sale and thus individuals would not be subject to the civil penalty provisions of the MCA for thefts of a laboratory supply. The MCA provides for a civil penalty of not more than $250,000 for the distribution by a business of a laboratory supply to a person who uses, or attempts to use, that laboratory supply to manufacture a controlled substance or a listed chemical, if that distribution was made with “reckless disregard” for the illegal uses to which such a laboratory supply would be put. 21 U.S.C. 842(a)(11), 842(c)(2)(C). Individuals who violate 21 U.S.C. 842(a)(11) are subject to a civil penalty of not more than $25,000. 21 U.S.C. 842(c)(1)(A). For purposes of this provision, the term “distribution” includes the exportation of a laboratory supply. The MCA further states that, for purposes of 21 U.S.C 842(a)(11), there is a “rebuttable presumption of reckless disregard at trial if the Attorney General notifies a firm in writing that a laboratory supply sold by the firm, or any other person or firm, has been used by a customer of the notified firm, or distributed further by that customer, for the unlawful production of controlled substances or listed chemicals a firm distributes and

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 2 weeks or more after the notification the notified firm distributes a laboratory supply to the customer.” The CSA contains other sections relating to the illegal manufacture of controlled substances. Section 841(d)(2) of Title 21 provides that any person who knowingly or intentionally distributes a listed chemical knowing, or having reasonable cause to believe, that it will be used in the illegal manufacture of a controlled substance, is subject to criminal prosecution. Section 843(a)(7) of Title 21 provides that any person who knowingly or intentionally distributes any chemical, product, equipment or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical, is subject to criminal prosecution. In developing the Special Surveillance List, the DEA consulted with both DEA and State/Local law enforcement and forensic laboratory authorities. The DEA examined clandestine laboratory seizure reports for information regarding: (1) illicit drug production methods; (2) chemicals actually used in clandestine production of controlled substances and listed chemicals; and (3) the role and importance of chemicals used in the syntheses. In addition, the DEA considered the legitimate uses and market for these chemicals. The Special Surveillance List focuses on chemicals used in the domestic production of controlled substances and listed chemicals. Therefore the list includes those chemicals used not only in the production of methamphetamine, but also of other controlled substances such as PCP, LSD, methcathinone and amphetamine. The list does not focus on chemicals used in the production of heroin or cocaine since these drugs are seldom produced domestically. However, the Special Surveillance List includes all listed chemicals as specified in 21 CFR Section 1310.02 (a) or (b). The phrase “all listed chemicals” includes all chemical mixtures and all over-the-counter (OTC) pharmaceutical products and dietary supplements which contain a listed chemical, regardless of their dosage form or packaging and regardless of whether the chemical mixture, drug product or dietary supplement is exempt from regulatory controls. The following is the Special Surveillance List for laboratory supplies used in the manufacture of controlled substances and listed chemicals: Special Surveillance List Published Pursuant to Title 21, United States Code, Section 842(a)(11) Chemicals All listed chemicals as specified in 21 CFR Section 1310.02 (a) or (b). This includes all chemical mixtures and all over-thecounter (OTC) products and dietary supplements which contain a listed chemical, regardless of their dosage form or packaging and regardless of whether the chemical mixture, drug product or dietary supplement is exempt from regulatory controls.

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Ammonia Gas Ammonium Formate Bromobenzene 1,1-Carbonyldiimidazole Cyclohexanone 1,1-Dichloro-1-fluoroethane (e.g. Freon 141B) Diethylamine and its salts 2,5-Dimethoxyphenethylamine and its salts Formamide Formic Acid Hypophosphorous Acid Lithium Metal Lithium Aluminum Hydride Magnesium Metal (Turnings) Mercuric Chloride N-Methylformamide Organomagnesium Halides (Grignard Reagents) (e.g. ethylmagnesium bromide and phenylmagnesium bromide) Phenylethanolamine and its salts Phosphorus Pentachloride Potassium Dichromate Pyridine and its salts Red Phosphorus Sodium Dichromate Sodium Metal Thionyl Chloride ortho-Toluidine Trichloromonofluoromethane (e.g. Freon-11, Carrene-2) Trichlorotrifluoroethane (e.g. Freon 113) Equipment Hydrogenators Tableting Machines Encapsulating Machines 22 Liter Heating Mantels Individuals and firms which distribute listed chemicals and chemicals, products, materials, or equipment on the above list, are hereby officially notified that these materials may be used in the illicit production of certain controlled substances or listed chemicals. The Attorney General has delegated authority under the CSA and all subsequent amendments to the CSA to the Administrator of the DEA pursuant to 28 CFR 0.100. The Administrator, in turn, has redelegated this authority to the Deputy Administrator pursuant to 28 CFR 0.104. This surveillance list may be revised as appropriate. Notice of proposed changes will be published as they occur. While publication in the Federal Register satisfies the notification requirements for the Special Surveillance List, DEA is attempting to disseminate the list as widely as possible. Therefore, copies of the list will be sent to appropriate industry associations and trade journals, and to the extent practical, to individual manufacturers

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION and distributors of “laboratory supplies.” In addition, a current surveillance list will be available on the DEA homepage at http://www.usdoj.gov/dea/. SMALL BUSINESS IMPACT AND REGULATORY FLEXIBILITY CONCERNS The Special Surveillance List applies to all individuals and firms which distribute the listed chemicals and laboratory supplies (chemicals, products, materials, or equipment) on the list. The notice does not impose any record-keeping or reporting requirements for any of the laboratory supplies which are not listed chemicals. Thus the surveillance list will have a negligible impact on affected parties. The notice serves two purposes. First, it informs individuals and firms of the potential use of the items on the list for the production of listed chemicals and illicit drugs. Second, it advises individuals and firms that civil penalties may be imposed on them if they distribute a laboratory supply to a person anytime after the two week period following receipt of written notification by the Attorney General that the person has used, attempted to use, or distributed the laboratory supply further for the unlawful production of controlled substances or listed chemicals. DEA chose to limit the number of chemicals, products, materials, and equipment on the Special Surveillance List to those most frequently used in the clandestine production of controlled substances or listed chemicals. Limiting the number of such items on the list minimizes the impact on wholesalers and retailers of the chemicals. The Deputy Administrator hereby certifies that this notice has been drafted in a manner consistent with the principles of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This notice will provide an increased level of law enforcement control to prevent the diversion of laboratory supplies used for the production of listed chemicals and controlled substances. It will not however impose any new regulatory burden on the public. This notice fulfills the requirement imposed by Section 205 of the Methamphetamine Control Act (MCA) of 1996 that the Attorney

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General shall publish a special surveillance list which contains chemicals, products, materials, or equipment used in the manufacture of listed chemicals and controlled substances. A copy of this notice has been provided to the Chief Counsel for Advocacy at the Small Business Administration. This notice has been drafted and reviewed in accordance with Executive Order 12866. This notice has not been determined to be a significant action. Therefore, this notice has not been reviewed and approved by the Office of Management and Budget. This action has been analyzed in accordance with the principles and criteria in Executive Order 12612, and it has been determined that this notice does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. This notice will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. This notice is not a major rule as defined by Section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This notice will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. Dated: May 3, 1999 Donnie R. Marshall Deputy Administrator [From: Federal Register, Volume 64, No. 92, Thursday, May 13, 1999; pg. 25910]

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

OSHA AMENDMENTS TO THE PERMIT-REQUIRED CONFINED SPACE STANDARD BRUCE LAZARUS, CIH, REHS Network Environmental Systems, Inc. 10933 Trade Center Drive, Suite 108 Rancho Cordova, California 95670 On January 14, 1993, the Occupational Safety and Health Administration (OSHA) issued a general industry standard (29 CFR 1910.146) to require protection for employees who enter permit-required confined spaces (permit spaces). The permit space standard, which provides a comprehensive regulatory framework for the safe performance of entry operations in general industry workplaces, became effective on April 15, 1993. This standard applies to law enforcement and forensic science personnel entering clandestine laboratories which have been identified as permit-required confined spaces. On December 1, 1998, the Occupational Safety and Health Administration (OSHA) amended the Permit-Required Confined Spaces standard in order to provide for enhanced employee participation in the employer’s permit space program, to provide authorized permit space entrants or their authorized representatives with the opportunity to observe any testing or monitoring of permit spaces, and most importantly, to strengthen and clarify the criteria employers must satisfy when preparing for the timely rescue of incapacitated permit space entrants. (See Attachment I). The revisions to the rescue section of the final rule will substantially effect the planning and execution of agency seizures of clandestine laboratories identified as permit-required confined spaces. Regarding worker participation and access to information, OSHA is clarifying and strengthening the requirements in revised paragraphs (d), Permit-required confined space program, and (e), Permit system, to allow for greater employee participation in the permit-space program and for employees access to program information developed under the standard. The agency is also revisiting paragraphs (c) and (d) to specify that employers must provide those employees who are authorized permit space entrants, or their authorized representatives, an opportunity to observe any testing of the space that is conducted prior to entry or subsequent to such entry. The Agency believes that these revisions are necessary to ensure that permit space entrants, whose work often requires entry into potentially life-threatening atmospheres, have the information necessary to protect themselves and their co-workers from confined-space hazards. Allowing unauthorized entrants or their authorized representatives to observe the testing of the spaces they are required to enter will help to ensure that the testing has been done properly, that the respirators and other personal protective equipment being worn are appropriate, and that the entrants understand the nature to the hazards present in the space.

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SUMMARY AND EXPLANATION OF THE FINAL RULE A. Clarification of the Need to provide Authorized Representatives with Information Required by the Standard: Paragraphs (c)(5)(i)(E), (c)(5)(ii)(H), and (c)(7)(iii) have been revised to specify that authorized representative(s) of employees have access to any information provided to employees under the standard. B. Paragraphs (c)(5)(ii)(C) and (c)(5)(ii)(F) have been revised by adding a sentence to each of them that specifically requires employers whose employees enter permit spaces to give these employees, or their authorized representative, an opportunity to observe the testing of the space during pre-entry (paragraphs (c)(5)(ii)(C) and during entry paragraph (c)(5)(ii)(F)). C. Evaluation and Selection of Rescue and Emergency Services. The revisions to paragraphs (k)(1) and (k)(2) clarify an employer’s obligations to select a rescue service that is trained, equipped and available to respond to emergencies that occur during confined space entries. The emphasis of the revised language is on the employer’s evaluation of potential rescue providers, and on the factors that the employer must consider in determining whether a particular provider is capable of providing effective rescue services for the particular situations that its confined space entrants may face. OSHA is also adding a new non-mandatory Appendix F to the standard to provide employers with additional assistance in evaluating potential rescue services. (See Attachment II). In the 1993 Permit Required Confined Space standard, OSHA promulgated separate requirements for employers of rescue and emergency teams, verses employers who used teams they did not employ. The requirements were more specific for what the rule considered in-house teams employed by the employer (29 CFR 1910.146 (k)(1), (k)(2)). The rule was criticized for its failure to contain equally explicit requirements for “outside” rescue teams, or to contain an explicit requirement that those teams be able to arrive at the worksite in a timely fashion. However, it should be noted that in cases of entry into IDLH atmosphere, where immediate rescue is critical, OSHA’s Respiratory Protection Standard specifies that the employer must ensure:

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION (i) One employee, or when needed, more than one employee is located outside the IDLH atmosphere; (ii) Visual, voice, or signal line communication is maintained between the employee(s) in the IDLH atmosphere and the employee(s) located outside the IDLH atmosphere; (iii) The employee(s) located outside the IDLH atmosphere are trained and equipped to provide effective emergency rescue; (iv) The employer or designee is notified before the employee(s) located outside the IDLH atmosphere enter the IDLH atmosphere to provide emergency rescue; (v) The employer or designee authorized to do so by the employer, once notified, provides the appropriate assistance necessary to the situation; (vi) Employee(s) located outside the IDLH atmospheres are equipped with: (A) Pressure demand or other positive pressure SCBAs, or a pressure demand or other positive pressure supplied-air respirator with auxiliary SCBA; and either (B) Appropriate retrieval equipment for removing the employee(s) and would not increase the overall risk resulting from entry; or (C) Equivalent means for rescue where retrieval equipment is not required under paragraph (g)(3)(vi)(B) (29 CFR 1910.134 (g)(3)); see also preamble discussion at 63 FR 1242-1245. OSHA believes that compliance with these requirements will meet the concerns of those commenters who urged OSHA to require a rescue response time of only a few minutes. Because the standby personnel required by the Respiratory Protection standard will have been monitoring the confined space entrant’s condition throughout the operation and will be fully equipped to begin rescue operations, they will be able to respond more quickly than the rescue team members arriving from another location, whether inside or outside the plant, who would need to gather appropriate equipment, prepare to use that equipment, and be briefed on the emergency situation before beginning rescue operations. And because standby personnel must be appropriately trained and equipped to perform rescue operations, other inadequately prepared employees will be less likely to endanger themselves by attempting hasty and dangerous rescues. On the other hand, because the Respiratory Protection standard requirement only applies to IDLH atmospheres, a less resourceintensive and more measured response capability may be used for those situations where there is not the same need for virtually instant response. OSHA has therefore decided to promulgate the requirement it proposed for “timely” rescue, a requirement that was not opposed by any rulemaking participant, rather than to define precisely what is timely. That determination will be based on the particular circumstances and hazards of each confined space, circumstances

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and hazards which the employer must take into account in developing a rescue plan. OSHA has added a note to paragraph (k)(1)(I) to clarify this point. OSHA has generally reorganized paragraph (k) to de-emphasize the distinction between in-house and outside rescuers and to focus instead on the employer’s obligation to evaluate rescue services so that it can select one that is competent to provide the rescue services appropriate for that employer’s operations.

IMPACT TO LAW ENFORCEMENT The impact of the amended standard to law enforcement agencies responding to confined-space clandestine laboratories is significant. The traditional “rescue plan” approach has been to assume that calling 911 in a confined-space clandestine laboratory emergency situation is adequate. Unfortunately, not all fire departments (i.e., professional vs. volunteer, urban vs. rural, etc.) have adequate personnel, training and/or extraction equipment to affect confined space rescue. Further, a 911 call does not guarantee an immediate, four to six minute response time, especially to rural clandestine laboratories. To comply with the amended standard, agencies should contact, meet with, and evaluate fire departments in their enforcement districts to determine which departments are willing and able to provide immediate rescue services to clandestine laboratory confined-space incidents. In many cases, immediate rescue service may require summoning the fire department to the scene prior to agency personnel entering the clandestine laboratory confined space. The non-mandatory Appendix added to the amended standard, Appendix F—Rescue Team or Rescue Service Evaluation Criteria, provides an excellent criteria for evaluating rescue services. Further, although the standard does not require record keeping of the evaluation of rescue services, agencies would be well advised to document the rescue service evaluation using a self-developed confined-space rescue plan form or similar record-keeping mechanism.

ATTACHMENT I OSHA Permit Required Confined Space Rescue and Emergency Services 29 CFR 1910.146 (k) Revised (1) An employer who designates rescue and emergency services, pursuant to paragraph (d)(9) of this section, shall: (i) Evaluate a prospective rescuer’s ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified; Note to paragraph (k) (1) (i): What will be considered timely will vary according to the specific hazards involved in each entry. For example, Sec. 1910.134, Respiratory Protection, requires that employers provide a standby person or persons capable of immediate action to rescue employee(s) wearing

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION respiratory protection while in work areas defined as IDLH atmospheres. (ii) Evaluate a prospective rescue service’s ability, in terms of proficiency with rescue-related tasks and equipment, to function appropriately while rescuing entrants from the particular permit space or types of permit spaces identified; (iii) Select a rescue team or service from those evaluated that: (A) Has the capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified; (B) Is equipped for and proficient in performing the needed rescue services; (iv) Inform each rescue team or service of the hazards they may confront when called on to perform rescue at the site; and (v) Provide the rescue team or service selected with access to all permit spaces from which rescue may be necessary so that the rescue service can develop appropriate rescue plans and practice rescue operations. Note to paragraph (k)(1): Non-mandatory Appendix F contains examples of criteria which employers can use in evaluating prospective rescuers as required by paragraph (k)(1) of this section. (2) An employer whose employees have been designated to provide permit space rescue and emergency services shall take the following measures: (i) Provide affected employees with the personal protective equipment (PPE) needed to conduct permit space rescues safely and train affected employees so they are proficient in the use of that PPE, at no cost to the employees; (ii) Train affected employees to perform assigned rescue duties. The employer must ensure that such employees successfully complete the training required to establish proficiency as an authorized entrant, as provided by paragraphs (g) and (h) of this section; (iii) Train affected employees in basic first-aid and cardiopulmonary resuscitation (CPR). The employer shall ensure that at least one member of the rescue team or service holding a current certification in first aid and CPR is available; and (iv) Ensure that affected employees practice making permit space rescues at least once every 12 months, by means of simulated rescue operations in which they remove dummies, mannequins, or actual persons from the actual permit spaces or from representative permit spaces. Representative permit spaces shall, with respect to opening size, configuration, and accessibility, simulate the types of permit spaces from which rescue is to be performed.

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(3) (i) Each authorized entrant shall use a chest or full body harness, with a retrieval line attached at the center of the entrant’s back near shoulder level, above the entrant’s head, or at another point which the employer can establish presents a profile small enough for the successful removal of the entrant. Wristlets may be used in lieu of the chest or full body harness if the employer can demonstrate that the use of a chest or full body harness is infeasible or creates a greater hazard and that the use of wristlets is the safest and most effective alternative. (1) Employee participation. (1) Employers shall consult with affected employees and their authorized representatives on the development and implementation of all aspects of the permit space program required by paragraph (c) of this section. (2) Employers shall make available to affected employees and their authorized representatives all information required to be developed by their section.

ATTACHMENT II Non-Mandatory Appendix F—Rescue Team or Rescue Service Evaluation Criteria (1) This appendix provides guidance to employers in choosing an appropriate rescue service. It contains criteria that may be used to evaluate the capabilities both of prospective and current rescue teams. Before a rescue team can be trained or chosen, however, a satisfactory permit program, including an analysis of all permit-required confined spaces to identify all potential hazards in those spaces, must be completed. OSHA believes that compliance with all the provisions of Sec. 1910.146 will enable employers to conduct permit space operations without recourse to rescue services in nearly all cases. However, experience indicates that circumstances will arise where entrants will need to be rescued from permit spaces. It is therefore important for employers to select rescue services or teams, either on-site or off-site, that are equipped and capable of minimizing harm to both entrants and rescuers if the need arises. (2) For all rescue teams or services, the employer’s evaluation should consist of two components: an initial evaluation, in which employers decide whether a potential rescue service or team is adequately trained and equipped to perform permit space rescues of the kind needed at the facility and whether such rescuers can respond in a timely manner, and a performance evaluation, in which employers measure the performance of the team or service during an actual or practice rescue. For example, based on the initial

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION evaluation, an employer may determine that maintaining an on-site rescue team will be more expensive than obtaining the services of an off-site team, without being significantly more effective, and decide to hire a rescue service. During a performance evaluation, the employer could decide, after observing the rescue service perform a practice rescue, that the service’s training or preparedness was not adequate to effect a timely or effective rescue at his or her facility and decide to select another rescue service, or to form an internal rescue team. A. Initial Evaluation I. The employer should meet with the prospective rescue service to facilitate the evaluations required by Sec. 1910.146(k)(1)(i) and Sec. 1910.146(k)(1)(ii). At a minimum, if an off-site rescue service is being considered, the employer must contact the service to plan and coordinate the evaluations by the standard. Merely posting the service’s number or planning to rely on 911 emergency phone number to obtain these services at the time of a permit space emergency would not comply with paragraph (k)(1) of the standard. II. The capabilities required of a rescue service vary with the type of permit spaces from which rescue may be necessary and the hazards likely to be encountered in those spaces. Answering the questions below will assist employers in determining whether the rescue service is capable of performing rescues in the permit spaces present at the employer’s workplace. 1. What are the needs of the employer with regard to response time (time for the rescue service to receive notification, arrive at the scene, and set up and be ready for entry)? For example, if entry is to be made into an IDLH atmosphere (if ventilation fails or for other reasons), the rescue team or service would need to be standing by at the permit space. On the other hand, if the danger to entrants is restricted to mechanical hazards that would cause injuries (e.g., broken bones, abrasions) a response time of 10 or 15 minutes might be adequate. 2. How quickly can the rescue team or service get from its location to the permit spaces from which rescue may be necessary? Relevant factors to consider would include: the location of the rescue team or service relative to the employer’s workplace, the quality of roads and highways to be traveled, potential bottlenecks or traffic congestion that might be encountered in transit, the reliability of the rescuer’s vehicles, and the training and skill of its drivers. 3. What is the availability of the rescue service? Is it unavailable at certain times of the day or in certain situations? What is the likelihood that key personnel of the rescue service might be unavailable at times?

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

If the rescue service becomes unavailable while an entry is underway, does it have the capability of notifying the employer so that the employer can instruct the attendant to abort the entry immediately? 4. Does the rescue service meet all the requirements of paragraph (k) (2) of the standard? If not, has it developed a plan that will enable it to meet those requirements in the future? If so, how soon can the plan be implemented? 5. For off-site services, is the service willing to perform rescues at the employer’s workplace? (An employer may not rely on a rescuer who declines, for whatever reason, to provide rescue services.) 6. Is an adequate method for communications between the attendant, employer and prospective rescuer available so that a rescue request can be transmitted to the rescuer without delay? How soon after notification can a prospective rescuer dispatch a rescue team to the entry site? 7. For rescues into spaces that may pose significant atmospheric hazards and from which rescue entry, patient packaging and retrieval cannot be safely accomplished in a relatively short time (15-20 minutes), employers should consider using airline respirators (with escape bottles) for the rescuers to supply rescue air to the patient. If the employer decides to use SCBA, does the prospective rescue service have an ample supply of replacement cylinders and procedures for rescuers to enter and exit (or be retrieved) well within the SCBAs air supply limits? 8. If the space has a vertical entry over 5 feet in depth, can the prospective rescue service properly perform entry rescues? Does the service have the technical knowledge and equipment to perform rope work or elevated rescue, if needed? 9. Does the rescue service have the necessary skills in medical evaluation, patient packaging and emergency response? 10. Does the rescue service have the necessary equipment to perform rescues, or must the equipment be provided by the employer or another source? B. Performance Evaluation Rescue services are required by paragraph (k)(2)(iv) of the standard to practice rescues at least once every 12 months, provided that the team or service has not successfully performed a permit space rescue within that time. As part of each practice session, the service should perform a critique of the practice rescue, or have another qualified party perform the critique, so that deficiencies in procedures, equipment, training, or number of personnel can be identified and corrected. The results of the critique,

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

PAGE 17

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION and the corrections made to respond to the deficiencies identified, should be given to the employer to enable it to determine whether the rescue service can quickly be upgraded to meet the employer’s rescue needs or whether another service must be selected. The following questions will assist the employers and rescue teams and services evaluate their performance. 1. Have all members of the service been trained as permit space entrants, at a minimum, including training in the potential hazards, of all permit spaces, or of representative permit spaces, from which rescue may be needed? Can team members recognize the signs, symptoms, and consequences of exposure to any hazardous atmospheres that may be present in those permit spaces? 2. Is every team member provided with, and properly trained in, the use and need for PPE, such as SCBA or fall arrest equipment, which may be required to perform permit space rescues in the facility? Is every team member properly trained to perform his or her functions and make rescues, and to use any rescue equipment, such as ropes and backboards, that may be needed in a rescue attempt? 3. Are team members trained in the first aid and a medical skills needed to treat victims overcome or injured by types of hazards that may be encountered in the permit spaces at the facility? 4. Do all team members perform their functions safely and efficiently? Do rescue service personnel focus on their own safety before considering the safety of the victim? 5. If necessary, can the rescue service properly package test the atmosphere to determine if it is IDLH? 6. Can the rescue personnel identify information pertinent to the rescue from entry-permits, hot work permits, and MSDSs? 7. Has the rescue service been informed of any hazards to personnel that may arise from outside the space, such as those that may be caused by future work near the space? 8. If necessary, can the rescue service properly package and retrieve victims from a permit space that has a limited size opening (less than 24 inches (60.9 cm) in diameter), limited internal space, or internal obstacles or hazards? 9. If necessary, can the rescue service safely perform an elevated (high angle) rescue? 10. Does the rescue service have a plan for each of the kinds of permit space rescue operations at the facility? Is the plan adequate for all types of rescue operations that may be needed at the facility? Teams may practice in representative spaces, or in spaces that are “worst-case” or most restrictive with respect to internal configuration, elevation, and portal size.

PAGE 18

The following characteristics of a practice space should be considered when deciding whether a space is truly representative of an actual permit space: (1) Internal Configuration. (a) Open—there are no obstacles, barriers, or obstructions within the space. One example is a water tank. (b) Obstructed—the permit space contains some type of obstruction that a rescuer would need to maneuver around. An example would be a baffle or mixing blade. Large equipment, such as a ladder or scaffold, brought into a space for work purposes would be considered an obstruction if the positioning or size of the equipment would make rescue more difficult. (2) Elevation. (a) Elevated—a permit space where the entrance portal or opening is above grade by 4 feet or more. This type of space usually requires knowledge of high angle rescue procedures because of the difficulty in packaging and transporting a patient to the ground from the portal. (b) Non-elevated—a permit space with the entrance portal located less than 4 feet above grade. This type of space will allow the rescue team to transport an injured employee normally. (3) Portal size. (a) Restricted—A portal of 24 inches or less in the least dimension. Portals of this size are too small to allow a rescuer to simply enter the space while using SCBA. The portal size is also too small to allow normal spinal immobilization of an injured employee. (b) Unrestricted—A portal of greater than 24 inches in the least dimension. These portals allow relatively free movement into and out of the permit space. (4) Space access. (a) Horizontal—The portal is located on the side of the permit space. Use of retrieval lines could be difficult. (b) Vertical—The portal is located on the top of the permit space, so that rescuers must climb down, or the bottom of the permit space, so that rescuers must climb up to enter the space. Vertical portals may require knowledge of rope techniques, or special patient packaging to safely retrieve a downed entrant.

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

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VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

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PAGE 19

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ILLEGAL SYNTHESIS OF ETONITAZENE VLADIMIR I. SOROKIN, PH.D. Criminalistics Center Raspletina St 22 Moscow, Russia 123060 days. After the dissolvent steaming and adding of ethanol and citric acid, etonitazene citrate was recovered. According to the information we have, etonitazene appeared in illegal seizures in 1987 in Germany. The method to synthesize the etonitazene in that case was taken from the Journal Helvetica Chimica Acta.

In February 1999, a criminal group in Moscow was arrested for synthesizing and sell the drug etonitazene. The illegal samples of etonitazene were in the form of yellow or, sometimes, white powders. According to informants, etonitazene is used by smoking. The person producing this drug said he had read about etonitazene in one of his reference books. He said he was most interested in the high activity of etonitazene which, according to the data given in special literature, had an analgesic activity exceeding morphine by 1000 – 1500 times. The method for producing etonitazene was taken from the journal Helvetica Chimica Acta [1]. Though the person studied the synthesis scheme given in this journal, he suggested his own. According to his declaration, he synthesized etonitazene by the method in the scheme below. First, he synthesized the products (1), (2), (3). At the last stage the products (1), (2), (3) were dissolved in methylene chloride, and this mixture kept at room temperature. Then the product (2) was added to the mixture, and the mixture held for several more

1.

A. Hunger, J. Kerble, A. Rossi and K. Hoffman. Helvetica Chimica Acta, 132 (1960), pp. 1032-1046. A. Hunger, J. Kerble, A. Rossi and K. Hoffman. J. Pharmacol. Exp. Therapeut., 144 (1964), p. 12. Nathan Eddy. The National Research Council Involvement in the Opiate Problem 1928-1971. National Academy of Science, Washington, D.C., 1973. Woechentlicher Lagebericht, 36.87, s.9.

2. 3.

NO2

O2N

NO2

O2N

REFERENCES

NH2CH2CH2N(C2H5)2

NO2

O2N

Na2S, Na2CO3

(1)

MeOH

EtOH NHCH2CH2N(C2H5)2

Cl

NHCH2CH2N(C2H5)2

O C2H5O

C

Cl

(2)

EtOH, Et3N

N H

N

OC2H5

C

OC2H5

O O C

CH3 O

acetic anhydride

morpholin, S

ZnCl2

H5C2O

CH2 C

N

S OC2H5

O

CH3COOH H2SO4 / H2O

H5C2O

(3)

CH2 C OH

OC2H5

O2N

(1) + (2) + (3)

N

(2)

CH2

O

C2H5

N C

CH2CH2N(C2H5)2

Etonitazene

PAGE 20

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

IMPURITIES IN METHAMPHETAMINE MANUFACTURED FROM OVER-THE-COUNTER PSEUDOEPHEDRINE TABLET PREPARATIONS LYNN MELGOZA, M.S. CA Dept. of Justice – Riverside Laboratory 1500 Castellano Rd. Riverside, CA 92509

INTRODUCTION Methamphetamine is the number one clandestinely manufactured drug in the United States [1]. The manufacturing method of choice has evolved from the common phenyl-2propanone precursor of the late 1980’s to ephedrine, which became the major precursor of the early 1990’s [2]. The most commonly encountered method in Southern California has been the reduction of ephedrine by hydriodic acid and red phosphorous; however, the ephedrine precursor has been appearing less often. Empty pseudoephedrine product packaging material and tablets of over-the-counter pseudoephedrine preparations have been discovered at clandestine methamphetamine laboratory sites [3]. Some products contain only pseudoephedrine, while others may contain one or more medically active ingredients. These other ingredients have been identified as impurities in methamphetamine samples submitted for analysis. This paper examines the major impurities in methamphetamine manufactured from several over-the-counter pseudoephedrine preparations using the hydriodic acid and red phosphorus reduction method.

EPHEDRINE AND PSEUDOEPHEDRINE Ephedrine (α-[1-(methylamino)ethyl]benzenemethanol) is manufactured outside the United States and imported [4]. Of the four isomeric forms of this drug (d- and l-ephedrine and d- and l-pseudoephedrine) only l-ephedrine and d-pseudoephedrine are naturally occurring (Figure 1). The l-ephedrine isomer is used therapeutically as a bronchodilator, and the d-pseudoephedrine isomer is used as a decongestant [5]. The d-ephedrine and l-pseudoephedrine isomers do not appear to be used therapeutically. It is reported that they are not as active as the two previous isomers [6]. While ephedrine products have been misused for their stimulant effects, pseudoephedrine does not produce the same level of stimulation. Pseudoephedrine is commonly found in numerous over-the-counter products combined with other medically active ingredients, including antihistamines, analgesics, expectorants, and cough suppressants. The dosage of pseudoephedrine hydrochloride is 180 to 240 milligrams daily. Despite the differing pharmacological effects, because ephedrine and pseudoephedrine are geometric isomers, either one can be used to manufacture the more potent d-isomer of methamphetamine [7].

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

HO

H

H

OH

CH 3 H

l-ephedrine

NHCH3

CH3 H

NHCH3

d-pseudoephedrine

Figure 1. l-Ephedrine and d-pseudoephedrine chemical structures

EPHEDRINE AND PSEUDOEPHEDRINE REGULATIONS Because of the abuse of ephedrine and its increasingly popular use in the manufacturing of methamphetamine, Federal restrictions were imposed on this chemical. In 1989 the Chemical Diversion and Trafficking Act amended the Controlled Substances Act and regulated transactions for certain chemicals, including ephedrine. However, U.S. chemical regulations did not require record keeping for ephedrine under a threshold level of 1.0 kilogram. In addition, the regulation did not apply to overthe-counter ephedrine products that were covered under the Federal Food, Drug and Cosmetic Act. On April 16, 1994 the Domestic Chemical Diversion Control Act of 1993 was implemented to remove exemptions for controls on ephedrine tablets. This act placed restrictions on products containing ephedrine (or salts, optical isomers and salts of optical isomers) as the only active ingredient or when combined with another active ingredient in therapeutically insignificant amounts. Some individual states have further controlled these products [8]. On November 10, 1994, the 1.0-kilogram record keeping threshold was eliminated. In October 1995 the Drug Enforcement Administration (DEA) proposed to remove the exemption to controls on over-the-counter pseudoephedrine products. Mail order and wholesale distributors of these products would be regulated, but there would be specific exemptions for retail suppliers. These exemptions would include controls limited to a specific group of products and a threshold allowing the sale of up to 24.0 grams of ephedrine base (a 120-day supply) for personal legitimate medical use. (This is equivalent to about 480 tablets at 60 milligrams each or 960 tablets at 30 milligrams each.) The threshold limit would apply to one sale only and not to cumulative sales [9].

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

PAGE 21

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Illicit clandestine laboratory “chemists” have responded to increasing controls on precursor chemicals (ephedrine and pseudoephedrine) by obtaining them from new, unregulated sources. After bulk ephedrine was regulated, it was imported illegally, primarily from Mexico. In addition, large amounts of over-the-counter ephedrine tablets were purchased from mail order, wholesale, and retail distributors [10]. After the regulations on ephedrine-only products went into effect, ephedrine suppliers began to produce ephedrine products with other active ingredients to bypass the restrictions. Another way to circumvent the regulations was to find another precursor. Over-the-counter pseudoephedrine products have become that source. These products have been purchased in large quantities from mail order and retail suppliers for use in clandestine laboratories [11].

N

CH3

Cl

chlorpheniramine

Figure 3. Chlormpheniramine chemical structure CH3

OTHER MEDICALLY ACTIVE INGREDIENTS COMBINED WITH PSEUDOEPHEDRINE IN OVER-THE-COUNTER TABLET PREPARATIONS The other ingredients commonly found mixed with pseudoephedrine in over-the-counter preparations are listed below [12]. The information presented includes adult dosages, chemical structure, parent name brands, and medicinal action. Refer to Figures 2-10. Brompheniramine, or (+)-3-(4-bromophenyl)-N,N-dimethyl3-(2-pyridyl)propylamine, is an antihistamine found as the maleate salt with pseudoephedrine sulfate and acetaminophen in several

CH3

N

O

N CH3

diphenhydramine

Figure 4. Diphenhydramine chemical structure CH3

N N N CH3

Br

N

CH3

brompheniramine

triprolidine

Figure 5. Triprolidine chemical structure

Figure 2. Brompheniramine chemical structure formulations from the brand name Drixoral. Dosage is 12 to 32 milligrams daily [13, 14]. Chlorpheniramine, or (+/-)-3-(4-chlorophenyl)-N,Ndimethy-3-(2-pyridyl)propylamine, is an antihistamine commonly found as the maleate salt with pseudoephedrine hydrochloride and acetaminophen in various formulations from brand names such as Allerest, Sinarest, Sinutab, Sudafed and Tylenol. It is also found with pseudoephedrine sulfate in formulations under the brand name Chlortrimeton. Dosage is 12 to 36 milligrams daily [15, 16]. Diphenhydramine, or 2-diphenylmethoxy-N,N-dimethylethanamine, is an antihistamine commonly found as the

PAGE 22

hydrochloride salt with acetaminophen and/or pseudoephedrine hydrochloride in various formulations from brand names such as Actifed, Benadryl and Contac. Dosage is 75 to 200 milligrams daily [17, 18]. Triprolidine, or trans-1-(4-methylphenyl)-1-(2-pyridyl)-3pyrrolidinoprop-1-ene, is an antihistamine commonly found as the hydrochloride salt with pseudoephedrine hydrochloride and acetaminophen in a formulation under the brand name Actifed. Dosage is 7.5 to 15 milligrams daily [19, 20]. Acetaminophen, or N-(4-hydroxyphenyl)acetamide, is an analgesic commonly found with pseudoephedrine hydrochloride and often mixed with antihistamines and cough suppressants. Brand name products containing acetaminophen mixed with

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION pseudoephedrine hydrochloride include various formulations from Actifed, Allerest, Bayer, Contac, Excedrine, Sinarest, SineAid, Sinutab, Sudafed and Tylenol. It is combined with pseudoephedrine sulfate in a formulation under the brand Drixoral. Dosage is up to 4 grams daily [21, 22]. Aspirin, or 2-(acetyloxy)benzoic acid, is an analgesic found in few preparations containing pseudoephedrine hydrochloride.

CH3 CH3

COOH

H3C

ibuprofen

Figure 8. Ibuprofen chemical structure H N

CH3

H3CO

O

HO

acetaminophen

H NCH3

Figure 6. Acetominophen chemical structure dextromethorphan One brand is Ursinus Inlay. Dosage is 1.2 to 4 grams up to 8 grams daily [23, 24]. Ibuprofen, or α-methyl-4-(2-methylpropyl)benzene acetic acid, is an analgesic commonly found with pseudoephedrine hydrochloride in various formulations from brand names including

Figure 9. Dextromethorphan chemical structure

OH O

OH

OCH3

COOH O

guaifenesin

CH3

Figure 10. Guaifenesin chemical structure

O

asprin

bronchodilator preparation with ephedrine hydrochloride. Dosage is 100 to 200 milligrams every 2 to 4 hours [29, 30].

Figure 7. Asprin chemical structure Advil and Dimetapp. Dosage is 0.6 to 2.4 milligrams daily [25, 26]. Dextromethorphan, or (+)-3-methoxy-17-methylmorphinan, is a cough suppressant commonly found as the hydrobromide salt with pseudoephedrine hydrochloride and acetaminophen in formulations from brand names including Comtrex, Contac, Sudafed and Tylenol. Dosage is 15 to 120 milligrams daily [27, 28]. Guaifenesin, or 3-(2-methoxyphenoxy)-1,2-propanediol, is an expectorant but is not commonly found in cold tablet preparations with pseudoephedrine hydrochloride. There is one brand, Guaitab. It is more commonly found as a stimulant or

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

EXPERIMENTAL Precursors were chosen from tablet preparations listed in the Physicians Desk Reference for Non-Prescription Drugs 1994 [31]. Pure drug standards were obtained from Sigma Chemical Company and weighed out in the same ratios found in tablets. The non-active binder ingredients were not included. The total weight of all drug starting material is equal to the amount of pseudoephedrine that would need to be present to have the most efficient conversion with 30 milliliters of hydriodic acid and 2 grams of phosphorus [32]. The reactions were performed in a 100-milliliter round bottom flask fitted with an Allihn condenser and heating mantle. The appropriate amount of precursors (see Table 1) was mixed with approximately 2 grams of phosphorus and added to the

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

PAGE 23

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Table 1. Reaction precursor and reagent amounts Rxn #

Tablet Preparation

Precursor Weights

HI Volume

Phos. Weight

1

Pseudoephedrine HCl (30 mg)

6.82 g

30 ml

2.04 g

2

Pseudoephedrine HCl (30 mg) Acetaminophen (500 mg)

0.39 g 6.43 g

30 ml

2.04 g

3

Pseudoephedrine HCl (30 mg) Acetaminophen (500 mg) Chlorpheniramine Maleate (2 mg)

0.39g 6.40 g 0.02 g

30 ml

2.02 g

4

Pseudoephedrine HCl (30 mg) Acetaminophen (500 mg) Dextromethorphan HBr (15 mg)

0.37 g 6.25 g 0.18 g

30 ml

2.04 g

5

Pseudoephedrine HCl (30 mg) Acetaminophen (500 mg) Diphenhydramine HCl (12.5 mg)

0.38 g 6.27 g 0.14 g

30 ml

2.03 g

6

Pseudoephedrine HCl(60 mg) Guaifenesin (400 mg)

0.89 g 5.98 g

30 ml

2.04 g

7

Pseudoephedrine HCl (60 mg) Triprolidine HCl (2.5 mg)

6.81 g 0.28 g

30 ml

2.01 g

8

Pseudoephedrine HCl (30 mg) Aspirin (325 mg)

0.57 g 6.24 g

30 ml

2.04 g

9

Pseudoephedrine HCl (30 mg) Ibuprofen-Na salt (200 mg)

0.80 g 5.98 g

30 ml

2.06 g

10

Pseudoephedrine HCl (120 mg) Dexbrompheniramine Maleate (6 mg)

6.84g 0.34 g

30 ml

2.03 g

flask. Thirty milliliters of hydriodic acid followed by boiling chips were then introduced. Nine of the reactions were heated to reflux (about 20 minutes) and refluxed for approximately 90 minutes. Reaction 6, which included guaifenesin, was refluxed for 360 minutes.

Once the reaction mixture was cool, it was gravity filtered to remove the phosphorus. A sample was removed for analysis by gas chromatography/mass spectrometry (GC/MS). The remaining mixture was made basic in an ice water bath using a strong sodium hydroxide solution. Once pH 14 was reached, the liquid

Table 2. Gas chromatograph / mass spectrometer operating parameters Instrument:

Hewlett Packard 5890 Series II Plus gas chromatograph with a 5972 mass selective detector.

Column:

Hewlett Packard Capillary (HP5MS) 0.25 mm i.d. x 15 m x 0.25 mm film thickness (5% phenyl substituted methylpolysiloxane)

Carrier Gas:

Helium flow of 1 ml/minute

GC Program:

Injection Port temp.

250°C

Initial temp.

50°C (hold 0.8 minutes)

Ramp rate

30°C/minute

Final temp.

280°C (hold 3.53 minutes)

Detector temp.

280°C

Sample Preparation:

PAGE 24

6N NaOH extracted with chloroform

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Table 3. Color screening tests on drugs in cold tablet preparations, pseudoephedrine and methamphetamine Two-step marquis

Sodium Nitroprusside 2° amine

Acetaminophen

NR/NR*

Aspirin

NR/pink

Drug

Liebermann’s

Copper sulfate

NR

brown

NR

NR

very light yellowbrown

NR

Brompheniramine

NR/NR

NR

weak orange

NR

Chlorpheniramine

NR/NR

NR

yellow-orange

NR

Dextromethorphan

NR/gray

NR

black

NR

Diphenhydramine

bright yellow orange/ brown

very weak blue edge

yellow-brown

NR

Guaifenesin

weak yellow/

NR

black

NR

Ibuprofen

weak yellow/

NR

brown-orange

NR

dark violet weak yellow Pseudoephedrine

NR/NR

NR

yellow-orange

blue-purple

Triprolidine

NR/NR

NR

yellow-brown-orange

NR

* NR = no reaction

was poured into a separatory funnel to which ether was added. The funnel contents were thoroughly mixed, the basic layer removed and the ether was decanted off. Hydrogen chloride gas was produced by mixing sulfuric acid and rock salt. The gas was bubbled into the ether for a minimum of 30 minutes. If there was crystalline material present, the ether was filtered off, and the crystals were dried on a watch glass. If there was no crystalline material present, the ether was evaporated on a watch glass. The material left on the watch glass was scraped off and examined by color tests and GC/MS. Color tests performed on the precursor drugs and the finished product included a two-step Marquis, a sodium nitroprusside secondary amine, and Liebermann’s. On the precursor drugs, a copper sulfate test was also performed [33, 34, 35].

RESULTS The color test data was collected for the precursor chemicals as well as the finished product of the reactions. The results of the color screening tests performed on the precursor chemicals are as follows in Table 3. The results of the color screening tests performed on the finished product was the same for each of the ten reactions, as

Table 4. Color screening test results for finished product Two-step Marquis

Sodium Nitroprusside 2° Amine

Liebermann’s

effervesce / orange to brown

blue-purple

orange

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

reported in Table 4.m The sample of the cooled reaction mixture that was removed after the phosphorus was filtered off was examined by GC/MS to determine what products, extracted from a basic solution into chloroform, were present. The components of the mixture were not quantitatively examined. All of the reaction mixtures sampled contained methamphetamine and phenyl-2-propanone except Reaction 6 with guaifenesin. In Reaction 6, there was no phenyl2-propanone present after one and a half-hours or after three hours refluxing. After six hours, a small amount was detected. Listed in Table 5 are the reactions that contained GC peaks additional to methamphetamine and phenyl-2-propanone. The finished product recovered after the processing was also examined by GC/MS to determine what impurities were present which survived the extraction procedure; all samples contained methamphetamine. Following in Table 6 are the additional constituents that were identified in some of the samples.

DISCUSSION PRODUCTS FOUND IN REACTION MIXTURE SAMPLES Nine of the ten reactions were complete after refluxing for one and a half-hours. Pseudoephedrine was no longer detected and methamphetamine was identified. The phenyl-2-propanone impurity was expected, since it is a common by-product seen with the HI/red phosphorus ephedrine (or pseudoephedrine) reduction [36]. Several of the unchanged precursor drugs were also detected from samples of their individual reactions. These included chlorpheniramine, dextromethorphan, guaifenesin,

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Table 5. Reaction mixture impurities Reaction

Precursors

Additional Sample Constituents

3

Pseudoephedrine Chlorpheniramine

Chlorpheniramine

4

Pseudoephedrine Dextromethorphan

Dextromethorphan*

6

Pseudoephedrine Guaifenesin

(1.5 hours reflux) Aziridines N,N-Dimethamphetamine Pseudoephedrine Methylpseudoephedrine Guaifenesin (3 hours reflux) same as above (6 hours reflux) N,N-Dimethamphetamine

7

Pseudoephedrine Triprolidine

Triprolidine Unidentified compound

10

Pseudoephedrine Brompheniramine

Brompheniramine

*The reaction containing dextromethorphan was inadvertently extracted into hexane instead of chloroform. Since the dextromethorphan appeared in the finished product, it is highly probable that the dextromethorphan would also be in the reaction sample.

triprolidine, and brompheniramine. Several of the precursor drugs were not detected when their reaction mixture samples were examined. These included acetaminophen, aspirin, ibuprofen, and diphenhydramine. It is probable that the GC/MS sample preparation scheme of a basic extraction into chloroform exacted out these components. The reaction that started with pseudoephedrine and guaifenesin was different than the other nine. It was not complete after one and a half-hours. This reaction was completed between three and six hours. Methamphetamine, N,N-dimethylamphetamine, and a very small amount of phenyl-2-propanone (relative to the other reactions) were present. This indicated that the guaifenesin somehow interfered with the reduction of the pseudoephedrine with the hydriodic acid. The guaifenesin molecule has two hydroxyl groups, an ether group, and a methoxy group that may contribute to the interference. It is possible that the methoxy group comes off and forms methanol. The methanol then forms methyl iodide, which reacts with the pseudoephedrine to form methylpseudoephedrine. The methylpseudoephedrine is then reduced to N,N-dimethylamphetamine [37]. APPEARANCE OF FINISHED PRODUCT SAMPLES Not all of the reactions resulted in crystalline material being

PAGE 26

produced. Each of the reactions containing acetaminophen, the reaction with aspirin, and the reaction with ibuprofen did not have crystalline material present after the salting out stage. It is possible that these precursors contributed some impurities to the finished product, which were not detected by a basic extraction into chloroform when examined by GC/MS. These impurities may hinder the crystallization of the methamphetamine HCl. In the reactions with pseudoephedrine only, guaifenesin, brompheniramine, and triprolidine crystalline material was obtained. VISUAL APPEARANCE OF REACTION MIXTURE AND FILTERS The cooled reaction mixtures in the reaction flask and the appearance of the filtered phosphorus were interesting. A standard reaction mixture containing only the pseudoephedrine precursor had a homogeneous red sludge-like appearance. The filters used for this reaction showed a wet, red, amorphous mass spread out in a consistent thin layer. In the reactions containing acetaminophen, the cooled mixture included white needle-like crystals intermixed with the red solid. When the phosphorus was filtered, the filter contained needle-like crystals, which gave the solid a lighter red color and a slushy appearance. It was significantly different from the standard filter.

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Table 6. Finished product impurities Reaction

Precursors

3

Pseudoephedrine Chlorpheniramine

Phenyl-2-propanone

4

Pseudoephedrine Dextromethorphan

Dextromethorphan

6

Pseudoephedrine Guaifenesin

N,N-dimethamphetamine Unidentified compound

7

Pseudoephedrine Triprolidine

Phenyl-2-propanone Triprolidine Unidentified compound

10

Pseudoephedrine Brompheniramine

Brompheniramine

The reaction containing aspirin looked similar to those with acetaminophen, however, the crystals were not as long. The reaction containing ibuprofen was significantly different in appearance from any of the others. The reaction mixture in the vessel looked like a two-layered liquid. The thinner, top layer was opaque, and the color of red phosphorus. The thicker bottom layer was clear and light yellow. When the two layers were mixed, the red, top layer formed oily blobs in the bottom layer then separated back out. When the mixture was filtered, the red material appeared oily in the filter. It filtered much slower that the rest of the reaction mixtures. The red phosphorus remained slick and had a shiny, oily appearance in the filter. The appearance of the reaction mixtures in the cooking vessels and the filtered red phosphorus were significantly different. Dissimilar enough that they may give an indication as to the cold tablet ingredients. COLOR TEST RESULTS The color tests performed on the precursor drugs indicated the possibility of interference when interpreting them for the presence of methamphetamine. The diphenhydramine turned orange in Marquis reagent, similar to methamphetamine, and guaifenesin turned deep purple, observed with heroin and other opiates. The diphenhydramine might possibly indicate a false positive for the presence of methamphetamine. The purple color from the guaifenesin may incorrectly indicate the possible presence of heroin or other opiates, and mask any orange color present due to methamphetamine. (Note: guaifenesin does not have the same color screening reactions in the Mecke [38] and Froehde [39] reagents as heroin does.) The sodium nitroprusside-secondary amine reagent does not give any color reaction with these precursor drugs. It would not

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

Additional Sample Constituents

interfere with the blue-purple color seen with methamphetamine, nor would it indicate the presence of these impurities. The Liebermann’s reagent gives a variety of yellows, oranges and browns with most of the precursor drugs. It is not very helpful in these cases for screening. It does, however, turn a deep black with guaifenesin, which may be of assistance in the screening process. None of the precursor drugs interfered with the copper sulfate color test for ephedrine/pseudoephedrine.

SUMMARY In summary, impurities in the methamphetamine reaction mixture and/or finished product may indicate other ingredients from cold tablet preparations from which the pseudoephedrine may have originated. Chlorpheniramine, triprolidine, brompheniramine, and dextromethorphan are components of cold tablet preparations that travel through the HI/red phosphorus reduction method and the processing with sodium hydroxide, ether, and hydrogen chloride gas. They are identifiable impurities with methamphetamine isolated from a basic extraction into chloroform. The absence of these impurities, however, does not indicate that certain precursors were not present. Acetaminophen, aspirin, ibuprofen, and diphenhydramine are components of cold tablet preparations that were not identifiable in methamphetamine samples that were manufactured through this process and extracted for analysis through a basic solution into chloroform. The appearance of reaction mixtures and filters may also indicate cold tablet ingredients that were present. Reaction mixtures with acetaminophen had the appearance of needle-like crystals that gave the filtered phosphorus a slushy appearance. Mixtures with aspirin gave similar crystalline material. Reaction mixtures with ibuprofen produced a two-layered liquid with the filtered phosphorus having a shiny, oily appearance.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION REFERENCES 1.

2.

3. 4. 5. 6. 7. 8. 9.

10. 11. 12. 13. 14. 15.

United States Dept. of Justice, Drug Enforcement Administration, Office of Diversion Control, Drug and Chemical Evaluation Section. The Licit and Illicit Utilization of Pseudoephedrine (A Background Paper), July 1995, p. 8. United States Dept. of Justice, Drug Enforcement Administration, Office of Diversion Control, Drug and Chemical Evaluation Section. The Illicit Utilization of Ephedrine (A Background Paper). Aug. 1994, p.5. United States Department of Justice, The Licit and Illicit Utilization of Pseudoephedrine (A Background Paper), p. 11-12. United States Dept. of Justice The Illicit Utilization of Ephedrine (A Background Paper), p. 3. The Merck Index. 11th Edition. Rahway, NJ: Merck and Co. Inc., 1989, p. 566. Chen, K.K. and Carl F. Schmidt “Ephedrine and Related Substances.” Medicine,. Volume 11, Number 1, p. 87. United States Dept. of Justice, The Licit and Illicit Utilization of Pseudoephedrine (A Background Paper). p. 2, 8, 11. United States Dept. of Justice, The Illicit Utilization of Ephedrine (A Background Paper). p.1-2. United States Dept. of Justice, Drug Enforcement Administration, Office of Diversion Control, Drug and Chemical Evaluation Section. Ephedrine/Pseudoephedrine Regulation. May 1996, p. 1-3. United States Dept. of Justice, The Illicit Utilization of Ephedrine (A Background Paper). p. 7. United States Dept. of Justice, The Licit and Illicit Utilization of Pseudoephedrine (A Background Paper). p. 2, 12. Physicians Desk Reference for Non-Prescription Drugs 1994. Montvale, NJ: Medical Economics Data Production Company, 1994, various pages. Moffat, A.C. ed. Clarke’s Isolation and Identification of Drugs. 2nd Edition. London: The Pharmaceutical Press, 1986, p. 403-404. The Merck Index. 11th Edition. Rahway, NJ: Merck and Co. Inc., 1989, p. 218. Moffat, A.C. ed., p. 456-457.

PAGE 28

16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32.

33. 34. 35. 36.

37. 38. 39.

The Merck Index. p. 337. Moffat, A.C. ed., p. 557-558. The Merck Index, p. 523. Moffat, A.C. ed., 1986, p. 1053-1054. The Merck Index., p. 1533. Moffat, A.C. ed., p. 849-850. The Merck Index., p. 39. Moffat, A.C. ed., p. 361-362. The Merck Index., p. 134. Moffat, A.C. ed., p. 677-678. The Merck Index., p. 776. Moffat, A.C. ed., 1986, p. 520-521. The Merck Index., p. 1289. Moffat, A.C. ed., 1986, 645. The Merck Index., p. 716-717. Physicians Desk Reference for Non-Prescription Drugs 1994., 1994, various pages. Abercrombie, J. Thomas. “Empirical Study of the Effects of Initial Precursor Amount in Regard to Final Yield, Ratio of By-products and Other Information in the Ephedrine/HI/ Red Phosphorus Synthetic Route.” Clandestine Laboratory Investigating Chemists Association, 1st Annual Seminar. San Diego, CA. 4-7 Sept. 1991, n.p. Hider, C. L. “The Rapid Identification of Frequently Abused Drugs.” Journal of Forensic Science Society, Volume 11, (1971): 257. Moffat, A.C. ed., p. 135-136. Chen K.K. “The CuSO4- NaOH Test of Ephedrine Isomers and Related Compounds.”, Journal of the American Pharmaceutical Association. Volume 18, (1929): p. 110. Skinner, Harry F. “Methamphetamine Synthesis Via Hydriodic Acid/Red Phosphorus Reduction of Ephedrine.” Forensic Science International. Volume 48 (1990) p. 123-134. M. Kalchik and H.F. Skinner, Personal Communication, September 1997 Johns, S.H., A.A. Wist, and A.R. Najam. “Spot Tests: A Color Chart Reference for Forensic Chemists.” Journal of Forensic Science. Volume 24, Number 3, (1979): p. 631-649. Johns, S.H., p. 631-649.

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CLANDESTINE MANUFACTURE OF TETRAHYDROCANNABINOL PRECURSORS WAYNE J. MITCHELL, B.SC.(HONS); JAMES R. PEARSON, PH.D.; AND M. JOHN WHITE, M.APP.SCI. Victoria Forensic Science Centre Victoria Police Forensic Drive, Macleod Victoria, Australia 3085

ABSTRACT During an investigation into a suspected amphetamine clandestine laboratory, significant quantities of chemical glassware were found in combination with more than one hundred different unexplained chemicals. These included two precursors used in the manufacture of tetrahydrocannabinol (THC), namely, citral and boron trifluoride, and an unknown liquid. Chemical analysis of this liquid confirmed the presence of olivetol and other components. Two of these were identified by synthesis and / or mass spectral interpretation as dimethylolivetol and 1-(3,5-dimethoxyphenyl)-1-pentanone. These results suggested that the liquid may be crude reaction material from the conversion of the ketone to dimethylolivetol and subsequently olivetol. The synthesis of THC using citral, olivetol and boron trifluoride is one of a number of ways to manufacture high purity THC. Although it may be difficult to obtain the equipment and chemicals used in this type of synthesis, this investigation suggests that the illicit manufacture of THC cannot be overlooked. Being a multistage and novel clandestine synthetic method, reference standards and analytical data for THC precursors were not readily available to us. Consequently, our analytical data was obtained by direct synthesis.

BACKGROUND Tetrahydrocannabinol can be synthesised in a number of ways [1, 2]. One of the recognised methods for the synthesis of THC involves the reaction of citral and olivetol in the presence

HO

CHO +

C5H11

BF3

HO Citral

Olivetol

Scheme 1: THC syntheses

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

of boron trifluoride [2] (Scheme 1). During our investigations of a suspected amphetamine clandestine laboratory both citral and boron trifluoride were found, suggesting a possible interest in the manufacture of THC. Olivetol synthesis One method of obtaining olivetol for THC manufacture is via synthesis, and various methods for the preparation of olivetol and its analogues have been described in scientific publications [1, 2]. Two of the main routes are outlined in Scheme 2. The first route for the synthesis of olivetol (Scheme 2, Route 1) is from 3,5-dimethoxybenzoic acid (1) via a three step reaction sequence. The second route involves a two step process from α-bromo-3,5dimethoxytoluene (3) (Scheme 2, Route 2). Both routes proceed with the initial formation of dimethylolivetol (4). The aim of the work described in this paper was to establish whether either of these routes (1 or 2) may have been used to manufacture olivetol.

RESULTS Analysis by Gas Chromatography - Mass Spectrometry (GC-MS) of the unknown liquid found at the scene, indicated that there were a numbers of components present (Figure 1). By reference to the scientific literature [3] and comparison to a standard of olivetol, we were able to confirm the presence of olivetol (Appendix 1.1) in the liquid. A number of additional components present in the liquid have also been tentatively identified, as indicated in the accompanying table (Figure 1). Interpretation of the mass spectral data, suggested two of the unknown components were dimethylolivetol OH (4) at Rt 6.10 min (Appendix 1.0) and 1-(3,5-dimethoxyphenyl)-1pentanone (2) at Rt 7.09 min (Appendix 1.2). This was based on O C5H11 MS data including both the delta 9-THC molecular ion and fragmentation patterns. Mechanisms for the proposed fragmentations are outlined in Schemes 3 and 4.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Route 1 HOOC

OCH3

H9C4CO

OCH3

OCH3

H11C5

OCH3 2

1

OCH3

H11C5

OH

Route 2 BrH2C

OH 5

OCH3 4

OCH3

OCH3 3

Scheme 2: Olivetol syntheses [1]

Mass spectra for components with a C5H11 alkyl side chain, such as olivetol and dimethylolivetol, show no successive carboncarbon fragmentation. This can be explained by a γ-hydrogen rearrangement occurring, resulting in the loss of a m/z 56 fragment (Scheme 3) [4]. The ions m/z 180, m/z 165 and the molecular ion at m/z 222 in the mass spectrum obtained at Rt 7.09 min (Appendix 1.2) are consistent with the chemical structure of 1-(3,5-dimethoxy-

phenyl)-1-pentanone (Scheme 4) [4]. Being a multistage and novel clandestine synthetic method, reference standards and analytical data for THC precursors were not readily available to us. Analytical data, such as the mass spectrum of dimethyl-olivetol was obtained following synthesis. Since the ketone has not been synthesised at this stage, we cannot confirm the presence of this compound.

Dimethylolivetol synthesis Dimethylolivetol was synthesised by the base catalyzed methylation of olivetol. In the presence of a base, olivetol forms the alkoxide ion (6), which subsequently acts as a nucleophile and attacks dimethylsulphate, presumably in two steps, to give dimethylolivetol (Scheme 5). The crude product from this synthesis was analysed by

Peak

Rt (min)

1

6.10

Compound dimethylolivetol (Appendix 1.0)

2

6.73

olivetol (Appendix 1.1)

3

7.09

1-(3,5-dimethoxyphenyl)-1pentanone (Appendix 1.2)

3

1 2

Figure 1:

PAGE 30

TIC of unknown liquid.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

H2 C

CH3

H2 C

H C H C H H H C H H +

OCH3

CH3

H C C H HH C H H +

rH

OCH3

H

OCH3

OCH3 α

H +

H

OCH3

CH3

HC +

CH2

H2C

m/z 56 OCH3 m/z 152

by the occurrence of side reactions, retaining the pentyl side chain, but involving the addition of a single methyl group to olivetol. The addition of a methyl group can be envisaged as occurring by one of two additional reactions (Scheme 6). Firstly, aromatic electrophyllic substitution could produce a ring - substituted compound. Olivetol has two positions at which a methyl group could be substituted resulting in two structural isomers, 2-methylolivetol (7) and 4-methylolivetol (8) (Scheme 6, Route 3). Alternatively, incomplete O-methylation of olivetol may have occurred, resulting in the formation of the mono-O-methylolivetol (9) (Scheme 6, Route 4). Whilst no authentic standard of any of the three monomethylolivetols was available it is reasonable to expect that the mono-O-methylolivetol would chromatograph between olivetol (Rt 6.77 min) and dimethylolivetol (Rt 6.04 min). On that basis the peak at Rt 6.46 min was provisionally assigned to the

Fragmentation indicated as per Ref. [4] H3C

C H H2C

rH - rearrangement involving hydrogen transfer. α - alpha cleavage.

H

CH2

C

Scheme 3: Proposed mass spectral fragmentation for the peak at retention time 6.10 min, Appendix 1.0 (dimethylolivetol)

OCH3

C H H2C

rH

+ O C

H2C

OCH3

OCH3

OCH3 α H

H3C

GC-MS and found to contain five major components (Figure 2). Residual starting material (olivetol, Appendix 2.2) and the final product (dimethylolivetol, Appendix 2.0) were each identified from the mass spectral data. The mass spectra and retention times of two components in the unknown liquid (Figure 1) directly compared with that of olivetol and dimethylolivetol, providing confirmation of the presence of these in the liquid. The mass spectra of the three additional components (peaks 2, 4 and 5 in Figure 2) were consistent with a monomethylated olivetol (MW 194) and each showed a fragmentation loss of M-56 (Appendices 2.1, 2.3 and 2.4). The M-56 loss was also observed in the mass spectrums of olivetol and dimethylolivetol (Table 1). The mechanism for this fragmentation is outlined previously in Scheme 3. The three components can be explained

H

H3C

+ O

CH

H2C

+

+ O C

OCH3

CH2 OCH3 m/z 180 H3C

CH2 H2C

CH2

+ O

+ O OCH3

C

C

H3C

OCH3

α

+

CH2 CH2 CH2

OCH3

OCH3

m/z 165 -CO -CH3 m/z 122

m/z 137

-OCH2 m/z 107 -OCH2 m/z 77

Table 1. olivetol

MW

M-56

180

124

dimethylolivetol

208

152

2- / 4-methylolivetol

194

138

mono-O-methylolivetol

194

138

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

Scheme 4: Proposed mass spectral fragmentation for the peak at retention time 7.09 min, Appendix 1.2 (1-(3,5-dimethoxyphenyl)-1-pentanone) (c.f. Ref. [4, 5])

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H11C5

- + O Na

H11C5

OH NaOH

elute later than olivetol and given they have similar structures it is probable that they will have similar retention times. These two peaks meet both these expectations and furthermore have very similar mass spectra which show subtle differences to the mass spectrum of the peak at Rt 6.46 min, all of which is consistent with the proposed assignments.

O

H3C

O

S

O

CH3

O OH 6

OH olivetol

NaOH

H11C5

OCH3

OCH3 dimethylolivetol

H11C5

CONCLUSION OCH3

O Na+

O H3C

O

Scheme 5: Dimethylolivetol synthesis mono-O-methylated product (9). Similarly, the peaks at Rt 6.99 min and Rt 7.16 min were assigned to 2- or 4-methylolivetol (7 and 8) (not necessarily in that order). Given that both are di-phenols with a molecular weight greater than olivetol it is reasonable to expect them to

S O

Dimethylolivetol was synthesised from olivetol in order to obtain chromatographic and mass spectral data, which was then used to confirm the presence of dimethylolivetol and olivetol in liquid obtained from a suspected clandestine laboratory. O CH3 Mass spectral interpretation of one other component in the liquid indicated the presence of 1-(3,5-dimethoxyphenyl)-1-pentanone. These findings suggested that the unknown liquid may be crude material from the conversion of the ketone to dimethylolivetol and subsequently olivetol as outlined in Route 1, Scheme 2. Additional chemicals, namely citral and boron trifluoride, located at the premises could then have been used in combination with olivetol to manufacture THC. GC-MS was used to confirm the identity of key components within the liquid and additionally it was used to tentatively

Peaks

Rt (min)

Compound

1

6.04

dimethylolivetol (Appendix 2.0)

2

6.46

mono-O-methylolivetol (Appendix 2.1)

3

6.77

olivetol (Appendix 2.2)

6.99, 7.16

2- / 4-methylolivetol (Appendix 2.3 and 2.4)

4, 5

Figure 2:

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TIC of crude reaction mixture

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H11C5

OH

OH olivetol NaOH

Route 3 - + O Na

H11C5

H11C5

OH

O H3C

O

OH

S

O

CH3

O

O Na+

O H3C

O

S

O

CH3

O H11C5

O

H11C5

OH

H H CH3

H3C

OH

O

aq H11C5

MW - 194

aq OH

H11C5

CH3

H3C

OH

MW - 194

OH

OH

7

8

Route 4 H11C5

- + O Na

H11C5

OH NaOH

H3C

O O

S

O

CH3

O OH

OH olivetol

OCH3

H11C5

MW - 194 OH 9

Scheme 6: Proposed mechanisms. Route 3 – aromatic methyl substitution; Route 4 – incomplete methylation. identify a number of other olivetol derivatives. Confirmation of the presence of olivetol in the unknown liquid, together with the presence of citral and boron trifluoride, led to a further evaluation of the additional one hundred plus chemicals found. It was determined that the majority of these

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

chemicals could be related to various methods of synthesis of olivetol and THC (or their homologues) as presented in the text ‘Psychedelic Chemistry’ [2]. However, this text was not located at their premises.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION EXPERIMENTAL Instrumentation GC-MS data was recorded on a HP 5890 GC coupled to a HP 5970 mass selective detector. The system was operated in the split mode using an Ultra-1, 12m x 0.22mm I.D. column with a 0.33mm film thickness, and a flow rate of 25 ml/min. Helium as the carrier gas was maintained at a pressure of 75kPa. The temperature sequence was programmed as follows: initial temperature - 75° C; initial hold for 1 min: oven temperature program rate - 20° C/min; final temperature - 300° C; final hold time of 3 mins. Synthetic procedure Preparation of dimethylolivetol (4) [6]. To olivetol (0.9g), a solution of sodium hydroxide (0.21g) in water (2mL) was added. The mixture was stirred vigorously and dimethyl sulphate (0.47mL) was added dropwise over a period of 30 mins. This mixture was then allowed to stir under reflux for a further 30 mins. To the reaction mixture (0.5mL), water was

added and the two layers were separated. The oily layer was then extracted with ether. The ether extract was evaporated under a stream of air and the residual crude oil was reconstituted in methanol for GC-MS analysis.

REFERENCES 1. 2. 3. 4. 5. 6.

“Marijuana, (Chemistry, Pharmacology, Metabolism and Clinical Effects),” Mechoulam, R., 1973, pg. 107. “Psychedelic Chemistry,” Smith, M. V., 2nd Ed, 1981, pp. 23-27. “Instrumental Data for Drug Analysis,” Mills, T., and Roberson, J. C., Vol. 3, 2nd Ed, 1987, pg. 1686. “Interpretation of Mass Spectra,” McLafferty, F. W., 3rd Ed, 1980, pg. 52, 188 and 198. Barnes, C. S., and Occolowitz, J. L., Aust. J. Chem., Vol. 16, No. 2, 1963, pp. 219-224. “VOGEL’S Textbook of Practical Organic Chemistry,” Furniss, B. S., Hannaford, A. J., Smith, P. W. G., and Tatchell, A. R., 4th Ed, 1978, pg. 755.

Appendices

H11C5

OCH3

OCH3

Appendix 1.0: Mass spectrum of peak at RT 6.10 min in unknown liquid (Figure 1).

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H11C5

OH

OH

Appendix 1.1: Mass spectrum of peak at RT 6.73 min in unknown liquid (Figure 1).

H9C4CO

OCH3

OCH3

Appendix 1.2: Mass spectrum of peak at RT 7.09 min in unknown liquid (Figure 1).

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H11C5

OCH3

OCH3

Appendix 2.0: Mass spectrum of peak at RT 6.04 min in crude reaction mixture (Figure 2).

H11C5

OCH3

OH

Appendix 2.1: Mass spectrum of peak at RT 6.46 min in crude reaction mixture (Figure 2).

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H11C5

OH

OH

Appendix 2.2: Mass spectrum of peak at RT 6.77 min in crude reaction mixture (Figure 2).

H 11 C5

6 5 4 3

H11 C5

OH 1

5

OR

2

CH3

OH

6

4

H3 C

3

OH 1 2

OH

Appendix 2.3: Mass spectrum of peak at RT 6.99 min in crude reaction mixture (Figure 2).

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H11 C5

6 5 4 3

OH

H11 C5

OH 1

5

OR

2

CH3

6

4

H3 C

3

OH 1 2

OH

Appendix 2.4: Mass spectrum of peak at RT 7.16 min in crude reaction mixture (Figure 2).

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 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 2-3 — APRIL - JULY 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 9 NUMBER 1 — JANUARY 1999

IN THIS ISSUE ... In Memoriam: James M. Moore, DEA Research Chemist .......................... 2 Khat Drug Bust May Be First In U.S. ........................................................... 2 Body Found In Drug Lab .............................................................................. 3 New Members ............................................................................................... 3 Bogus Meth Recipes Being Circulated: Gun Bluing Salts And Chicken Laying Feed Said To Produce Methamphetamine ................... 5 Request For Information Regarding Dextromethorphan .............................. 6 “Boxed Lab” With A Difference ................................................................... 7 Mike Perkal and John White Laboratory Seizures ....................................................................................... 8 Meeting Of Australian And New Zealand Clandestine Drug Laboratory Investigating Chemists – Adelaide, South Australia, 1998 ...... 10 K. Paul Kirkbride ß-Phenethylamine: 4th Quarter – 1998 ....................................................... 11 Jerry Massetti Case Study: Clandestine Laboratory; Kansas City, Missouri ..................... 13 Brian J. Maloney 2,5-Dimethoxy-4-ethylthiophenethylamine (2C-T-2) ................................. 15 Joe Stall

Association Officers President: Catherine Wojcik San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200 Vice-President: Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284 Secretary-Treasurer: Mark Kalchik CA DOJ Crime Lab – Annex 1704 E Bullard Fresno, CA 93710-5856 (559) 278-7732 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main St Ste 700 San Francisco, CA 94105-2018 (415) 744-7051

Identification of the Potassium Salt of Gamma-Hydroxybutyrate (GHB-K+) ................................................... 17 Lara Walker

Past-President: Terry A. Dal Cason DEA North Central Laboratory 536 S Clark St Rm 800 Chicago, IL 60605-1509 (312) 353-3640

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Executive Board Members: Kathy Wilcox OSP Forensic Laboratory 333 4th Av Coos Bay, OR 97420-4380 (541) 269-2967 Gina Williams San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

KHAT DRUG BUST MAY BE FIRST IN U.S.

IN MEMORIAM

JAMES M. MOORE DEA RESEARCH CHEMIST James M. Moore, 57, who worked for the US Federal government for 35 years before retiring in September 1998 as a senior research chemist with the Drug Enforcement Administration, died of a heart ailment February 24 at his home in Corryton, Tennessee. He lived in Manassas, VA, for 26 years before moving to Corryton soon after retiring. Mr. Moore began his federal career with the Food and Drug Administration laboratory in Baltimore in 1963. Five years later, he transferred to the Bureau of Narcotics and Dangerous Drugs laboratory in Washington, DC. In 1973, Mr. Moore transferred to DEA’s Special Testing and Research laboratory in McLean, VA, from which he retired. Mr. Moore was a world expert in the analyses of cocaine and heroin, and was the author or co-author of more than 60 technical works. He was a 1998 recipient of the DEA Administrator’s Award for Distinguished Service. Mr. Moore presented a workshop on the signature analyses of cocaine samples at the 1996 CLIC Technical Training Seminar in Old Towne Alexandria, VA. Mr. Moore, a Philadelphia native, received his chemistry degree from Marshall University in 1963. He received a master’s degree in forensic science from George Washington University in 1972. A member of All Saints Catholic Church in Manassas, he also had attended Centreville Baptist Church. He had done volunteer work for the Jeremiah House, a home in Paeonian Springs for women in crisis pregnancies. Mr. Moore is survived by his wife of 35 years, Cora; two sons; a daughter; two brothers; four sisters; and six grandchildren. By Mrs. Moore’s request, memorials should be sent in Jim’s name to: Jeremiah House PO Box 177 Paeonian Springs, VA 20129

JULIE N. LYNEM San Francisco Chronicle Narcotics investigators in Monterey County Thursday found what they believe is the first U.S. plantation for cultivating khat, a tree shrub whose leaves are widely used as a drug in the Arabian Peninsula and the Horn of Africa. The bust, which netted more than 1,000 individual plants, capped a month-long investigation by the Monterey County Sheriff’s Department and state and federal law enforcement agencies. About 4,850 pounds of khat were confiscated at a quarter-acre field in the Prunedale area, located north of Salinas, said sheriff’s Lieutenant Dave Allard. The khat plants ranged from seedlings to 14-feet tall plants. “State and federal authorities believe this is the first outdoor cultivation of khat in the United States,” Allard said. No arrest were made, but officers served search warrants Thursday morning at the plantation and at two convenience stores owned by Musa Ahmed Gelan, 40, of Salinas, Allard said. The stores are located at Orchard Lane and Highway 101 in Salinas and Teague Avenue and Highway 101 near Greenfield. Also known as “qat,” “chat,” “jaad” or “miraa,” khat is often chewed or brewed as a kind of tea and is legal in many parts of the world. It can be found growing on hillsides in Yemen, Kenya, and Ethiopia. Millions of people in the Horn of Africa and the Arabian Peninsula chew khat daily. The raw khat leaves contain cathinone, a natural amphetamine, which is listed by the U.S. government as a restricted drug. The drug is in a similar category with heroin and cocaine, Allard said. When chewed, the khat increases alertness and produces a kind of euphoria. However, side effects can cause excessive users to become emotionally unstable, paranoid, hyperactive, and more aggressive. It also may cause reduced fatigue and reduced hunger, Allard said.

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes ............................. OSP Forensic Laboratory - Portland, OR ................................................ (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab - Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................DEA Special Testing and Research Lab – McLean, VA ......................... (703) 285-2583 O. Carl Anderson ..................... Kansas Bureau of Investigation Lab - Great Bend, KS ........................... (316) 792-4353 Jerry Massetti ........................... CA DOJ Crime Lab – Fresno, CA ........................................................... (559) 278-7732 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452 Rodney Norris .........................ESR Forensics - Aukland, NZ .................................................................. 649-815-3670

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 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 1 — JANUARY 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Problems associated with the drug were first studied in 1935 by the League of Nations. Pharmacologists isolated the compound cathinone in the 1970s and listed it as a controlled substance under the United Nations Convention of Psychotropic Substances.

“We don’t know how long the man has been dead, but the fire doesn’t appear to have happened today,” sheriff’s deputy Tammy Drew said.

NEW MEMBERS BODY FOUND IN DRUG LAB DARYL FARNSWORTH Staff Writer Modesto Bee February 26, 1999 A man apparently cooking methamphetamine at a small drug lab in a River Road home died sometime in the past four days when the lab caught fire, Stanislaus County sheriff’s deputies said Thursday. The body was found shortly after 4 p.m. Thursday lying on the floor in the lower level of the house in the 1300 block of River Road, east of Mancini Park, Stanislaus Drug Enforcement Agency Sgt. Bryan Markum said. The victim might have been a resident of the house or he might have just been there to make methamphetamine, Markum said. He said an autopsy today would identify the man. The man was burned when the lab, which appeared capable of making only a few ounces of methamphetamine per batch, caught fire or blew up, Markum said. “The victim apparently was cooking methamphetamine when there was either a flash fire or an explosion that burned all of the oxygen in the room,” Markum said. The small drug lab was set up in a living area of the home that overlooks the Tuolumne river. Fire damage was confined to the lower level of the home. Markum said it was lucky the entire house didn’t burn. Sgt. Jim Silva said detectives were called to determine if the dead man had been the victim of a homicide. The autopsy also will determine the cause of death. No neighbors heard the explosion or saw anything suspicious, Silva said. The body was discovered by a friend of the dead man. When no one answered the telephone for several days, the friend told officers he went to the River Road home to check on the man. The friend, whose name was not released, was questioned and released. Firefighters from the Stanislaus Consolidated Fire Protection District and Ceres Fire Department were called in Thursday. They found several glass containers containing unknown liquids, so they evacuated neighbors until the area was deemed safe. Officers said no finished methamphetamine was found in the burned room.

VOLUME 9 NUMBER 1 — JANUARY 1999

The following new members were accepted into the Association at the Annual Business meeting, held in Little Rock, AR. With the addition of these members, the membership roll now numbers 432 Regular, Associate and Agency members. Name ............................ Agency Armstrong, Ron ............ Drug Analysis Service, Health Protection Branch, Scarborough Canada Artis,Monica ................. MS Crime Lab, Jackson, MS Baker, Dustin ................ OK State Bureau of Investigation, OK City, OK Baker, Michael ............. MO State Highway Patrol - Crime Lab, Jefferson City, MO Baral, Subhash .............. VA Division of Forensic Science, Fairfax, VA Barnes, Michael ............ OR State Police Crime Lab, Central Point, OR Beyerle, Theresa ........... DEA So. Central Lab, Dallas, TX Black, Ryan .................. AR State Crime Lab, Little Rock, AR Boysen, Jane ................. WA State Patrol Crime Lab, Tacoma, WA Bozenko, Joe ................ Forensic Consultant Services, Ft. Worth, TX Bruce, Jeff ..................... AR State Crime Lab, Little Rock, AR Campo, Carina .............. DuPage County Crime Lab, Wheaton, IL Chapman, Ted .............. DEA, Dallas, TX Colhoun, Mark .............. So. African Narcotics Bureau, Pretoria – So. Africa De Leenheer, Andre ..... Laboratory of Toxicology, Gent – Belgium Deitchman, Vince ......... Oakland Police Dept. Criminalistics Div., Oakland, CA Farren, Linda ................ NC State Bureau of Investigation, Raleigh, NC Fisher, Ted .................... NM Dept. Public Safety - So. Crime Lab, Messilla Park, NM Forrest, Alexander ........ Royal Hallamshire Hospital, Sheffield – UK Goldman, Anthony ....... OK State Bureau of Investigation, OK City, OK Goren, Zafrir ................. Division of Identification and Forensic Science, Jerusalem – Israel

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Name ............................ Agency Granat, Victor ............... St. Louis County Crime Lab, Clayton, MO Gregory, Nancy ............ NC State Bureau of Investigation, Raleigh, NC Harris, Ashley ............... SC Law Enforcement Division, Columbia, SC Harrison, Chris ............. AR State Crime Lab, Little Rock, AR Hefton, Kimberly .......... WA State Patrol, Tacoma, WA Hickmon, Teresia ......... MS Crime Lab, Batesville, MS Higashi, Keri ................. Los Angeles County Sheriff’s Scientific Services, Los Angeles, CA Hunderfundt, Richard ... Topeka P.D. Assigned FBI Violent Crime Task Force, Topeka, KS Ibarra, Ruben ................ Santa Ana P.D., Santa Ana, CA Jagmin, Jeffery ............. WA State Patrol Crime Lab, Tacoma, WA Kee, Tami ..................... WA State Patrol Crime Lab, Tacoma, WA Kennedy, Alexandra ..... AZ Dept of Public Sagety CRCL, Phoenix, AZ Kiddon, Gregory ........... Ohio Bureau Criminal Identification/ Investigation, London, OH Kramer, Kevin .............. OK State Bureau of Investigation, Oklahoma City, OK Lambert, Willy ............. Laboratory of Toxicology, Gent – Belgium Lawson, Jennai ............. CA DOJ, Central Valley Laboratory, Ripon, CA Leroux, Anita ................ So. African Police Service, Pretoria – So. Africa Lightfoot, Matthew ....... KS City MO P.D. Regional Crime Lab, Kansas City, MO Lucero, Frank ............... Albuquerque Police Dept. Crime Lab, Albuquerque, NM Macceca, Michael ......... San Bernardino Co Sheriff Dept Lab, San Bernardino, CA Miller, Jennifer ............. KS Bureau of Investigation, Topeka, KS Miller, Michael ............. SC Law Enforcement Division/ Dept.of Drug Analysis, Columbia, SC Mistry, Kalpesh ............ San Bernardino Sheriffs Dept Lab, San Bernardino, CA Morris, Elena ................ San Bernardino Co Sheriff Dept Lab, San Bernardino, CA Morris, Jeremiah ........... MO State Highway Patrol, Springfield, MO

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Name ............................ Agency Nathanson, Fidley ......... AZ Dept. of Public Safety, Phoenix, AZ Ngong, Lillian .............. Sedwick County Regional Forensic Science Center, Wichita, KS Norris, Veronica ........... AR State Crime Lab, Little Rock, AR Parrish, David ............... NE State Patrol, Lincoln, NE Pino, Joseph .................. New Jersey State Police, Hammonton, NJ Priddis, Colin ................ Chemistry Centre WA, Perth – Australia Rager, Kristen ............... Dept of Justice, Bureau of Forensic Services, Riverside, CA Ristow, Robert .............. San Bernardino Co Sheriff Dept Lab, San Bernardino, CA Rodriguez, Walter ......... DEA, Miami, FL Russell, Dan .................. OK State Bureau of Investigation, Oklahoma City, OK Sanchez, Bernard .......... Los Angeles Police Dept. Crime Lab, Los Angeles, CA Semple, Dale ................. Queensland Health Scientific Services, Brisbane, QLD, Australia Shiel, Jonelle ................. Indiana State Police Laboratory, Lowell, IN Shole, Tshepo ............... Soth African Police Service, Pretoria – So. Africa Smiley, J ....................... MS Crime Lab, Batesville, MS Smith, Gerrit ................. So. African Police Service, Capetown – So. Africa Thomas, Rochelle ......... AZ Dept. of Public Safety, Phoneix, AZ Vandermerne, Thomas . So. African Police Service, Pretoria – So. Africa VenterAlBertus, J ......... So. African Police Service, Capetown – So. Africa Warburton, Kenneth ..... CA DOJ, Bureau of Forensic Services, Ripon, CA Warmenhove, Rico ....... So. African Police Service, Capetown – So. Africa Welsh, Ronald .............. CA DOJ, Central Valley Laboratory, Ripon, CA Wong, Nancy ................ Department of Justice State Crime Lab, Milwaukee, WI Woolery, Robin ............ IA Division of Criminal Investigation, Des Moines, IA Zajac, J. “Zack” ............ DEA, Arlington, VA

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 1 — JANUARY 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

BOGUS METH RECIPES BEING CIRCULATED: GUN BLUING SALTS AND CHICKEN LAYING FEED SAID TO PRODUCE METHAMPHETAMINE Perhaps it is a sign of the times with the restrictions placed on purchasing many of the precursor and reagent chemicals needed to produce methamphetamine, but several agencies along the West coast of the U.S. have been reporting the seizure of methamphetamine synthesis recipes using gun bluing salts and chicken laying feed.

GUN BLUING SALTS METHOD This procedure was reported from the Seattle – Tacoma, Washington, area. Thanks to retired DEA Special Agent Patrick Gregory and Forensic Scientist Jeff Jagmin, Washington State Patrol Crime Laboratory – Tacoma, for submitting the document detailing the procedure. The procedure requires “ … 3 ingredients and 2 items … ”. According to the document, the most important ingredient is powdered gun bluing. The second is #2 coal or coal for a barbeque as long as it is not treated with lighter fluid crushed into pea-sized pieces; activated charcoal from an aquarium supply store is said to work, too. Thirdly, pure ammonia is needed; the instructions further suggest this is ammonia water and not ammonia gas. A 2.5 – 5 gallon plastic Igloo water cooler (thermos) is needed for the reaction vessel. The procedure also suggests if you are questioned about buying several cans of the gun bluing salts to say you work in an auto detail shop and use it on exhaust systems and wheels to custom detail cars. The process is described as [Editor’s Note: Spelling and syntax is preserved from the written procedure]: “Step 1: Pour a couple of inch deep layer of the gun bluing powder – making sure that its’ even, into the bottom of the thermos. “Step 2: Carefully pour the #2 coal in an even layer on top of this – about ¾ of an inch thick – Take care to not mix the ingredients! Your want layers not to mix them. “Step 3: Slowly and carefully pour in the ammonia taking care not to disturb the layers. Stop when it just barely starts to cover the top layer (coal) “Step 4: Carefully screw on the lid and seal it real good with black tape “Step 5: Dig a hole in your backyard deep enough so that the top of the thermos is 2 feet from ground level. Cautiously, so you won’t shake up the ingredients, put the thermos in the hole and bury it good – packing dirt on top and all around it. “Step 6: Let it remain buried for 10–14 days, Then dig it up and without shaking or tilting it carefully open the top. Inside you will see crystals growing up around the sides inside. Taking care, scrape these crystals off the sides

VOLUME 9 NUMBER 1 — JANUARY 1999

and towards the center of the top of the coal. These are your seed crystals. Seal it back up again wrap it good with black tape and rebury it carefully. “Step 7: Dig it up 2 weeks later, carefully, open it up, and harvest 3/8” of an inch of crystals off the top (which is more than an ounce) leaving a layer still on the coal. Pour in 2 capfulls of ammonia (small caps approx 1” diameter like off a rubbing alcohol bottle) “Step 8: Bury the thermos once again and repeat every 10 days step 7 until 3rd harvest when you harvest all of it. Depending on how much bluing you put in you should end up with a total of about at lest a quarter pound of finished raw meth crystals that are screaming good. Enjoy.”

CHICKEN FEED CRANK Two other recipes were seized from an individual in Seattle, WA. The first is a process for the lithium – ammonia reduction of ephedrine: “1 oz eff. “1 pint anhydrous amm. “7 lithium battery strips “Put in Pirex and spred evenly. Put in microwave untill Boil then take out then rince 4 times All done” The second recipe describes the extraction of chicken feed, believing methamphetamine is present. This myth has been described by Ely [1] in 1990. The process is described as: “1 cup chicken feed with meds for adults “1 cup chicken feed with meds for babys “1 cup borax Pine Soll “10 waded up aluminum foil 5”squere “1/2 teaspoon rock salt “Cup ½ Red Devil Draino “Blend feed in blender “Wipe out jars out with meradic acid Pore in feed. Then Borax Pine sull. Then aluminum foil. Red Devil draino. Then distilled water about 6 ½ to 7 cups water then fill to top with meradic acid. Make shure sompthing is under jars. This will boil over. Let sit and sudel until 3 layers Dark oil will be in the midle Use separator to get it out. “DO NOT GAS This. “Rins out jar with asid Tone Pore dark oil in about ½ or less then asid tone and ½ tea spoon rock salt and put in freezer” This process was shared by Special Agent K. Wetteland of the DEA–Seattle Field Division office. The third process, submitted by Criminalist John Davis, Orange County Sheriff’s Crime Laboratory – Santa Ana, CA, and is from an Anaheim Police Department report. This process uses both gun bluing and chicken feed:

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “… the bottom of a 55 gallon fish tank was layered with coal, not charcoal briquettes. Then … a layer of chicken feed was placed on top of the coal. Next, gun plume was poured over the chicken feed and the 3-5 bottles of 100% pure acetone was poured over the above items. … a chemical reaction would immediately begin and the entire contents would start to boil. “… the aquarium top was covered with a screen type lid and the boiling contents would boil / foam up and be contained by the lid. … no heat source was applied to the contents. “… the fumes from the boiling contents were highly toxic and breathing masks were used. … the aquarium was buried in the ground with air vents for the fumes to escape. After two weeks the aquarium was dug up and the screen lid was removed. On the bottom of the lid, a one inch layer of solid Methamphetamine would be adhered. Apparently, the constant boiling of the substance touching the bottom of the screen made a layer of Methamphetamine. “[The informant] … personally ingested the methamphetamine and it was ‘of quality type speed’”. “[The informant] said the gun plume was bought from a gun smith store, the chicken feed was bought at any feed store and the acetone was bought at a beauty supply store.”

REFERENCES 1.

“An Investigation of the Extraction of Methamphetamine From Chicken Feed and Other Myths,” Ely, R.A., Journal of the Forensic Science Society, Volume 30, November-December 1990, pp. 363–370.

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REQUEST FOR INFORMATION REGARDING DEXTROMETHORPHAN The Madison, Wisconsin, Crime Laboratory is requesting information and views regarding the possible prosecution for extracting dextromethorphan from cough syrups. Anyone with information or comments should contact Robert Block at (608) 266-2031. The following is a synopsis of the problem: An individual in Wisconsin was extracting dextromethorphan from a cough syrup. Under Wisconsin Controlled Substances Act, levomethorphan and racemethorphan are covered as Schedule II synthetic opiates. As an introduction to this section of the controlled substances the Wisconsin Controlled Substances Act states: SYNTHETIC OPIATES. Any material, compound, mixture or preparation which contains any quantity of any of the following synthetic opiates, including any of their isomers, esters, ethers and esters and ethers of isomers that are theoretically possible within the specific chemical designation: levomethorphan and racemethorphan. A District Attorney wanted to know if the above language would cover dextromethorphan even though it was not specifically stated in the Controlled Substances Act. He wanted to know if it was covered under as the isomer of either levomethorphan or racemethorphan. In the past we have always stated that dextromethorphan is not a controlled substance since it was not specifically stated in the Controlled Substances Act and since it is found in many common prescription products which are not controlled. I am interested in knowing if other states have similar language for levomethorphan and racemethorphan and if they also consider dextromethorphan not to be a controlled substance? Also, are other laboratories seeing dextromethorphan being extracted from cough syrups and being sold or used?

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 1 — JANUARY 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

“BOXED LAB” WITH A DIFFERENCE MIKE PERKAL AND JOHN WHITE Victoria Forensic Science Centre Melbourne, Victoria – Australia Recently, the Country Fire Authority (CFA) of Victoria was called to a rental storage facility situated in a satellite city on the outskirts of Melbourne. Eyewitnesses had reported an explosion, but no fire, and a strong ammonia-like odour. The ambient temperature of the day was approximately 35°C. After forcing a number of mini-storage units, the fire authority located a unit holding glass, metal, and plastic containers of liquids. Two unlabelled 2-litre “Schott” bottles full of colourless liquid were shifted outside of the unit, before firefighters first suspected a “boxed lab.” Just two weeks prior the incident, members of the Victoria Forensic Science Centre (VFSC) and the Victoria Police Drug Squad, had provided evening lectures on “clan lab” safety to this particular CFA group. CFA suspicions were apparently aroused when they observed a number of 20-litre drums with identifying labels obscured with black paint. Drug Squad and VFSC specialists were quickly called to examine the scene and Drug Squad inquiries indicated that the goods belonged to known “clan lab” offenders who were experienced in the aluminum foil process using methylamine. Prior to entering the storage unit, forensic scientists attempted to render the two “Schott” bottles safe. Removal of duct tape from the neck of the first “Schott” bottle, followed by gentle release of the screw cap, resulted in a violent reaction. The liquid boiled vigorously (with large bubbles approximately 2 cm in diameter originating at the bottom) and the neck of the vessel became extremely hot. Specialists were concerned that these bottles and possibly others in the storage unit contained liquefied ammonia gas and, as a result, nearby residents were evacuated. The Special Operations Group (VicPol) subsequently attended and a robot (with portable battery operated drill attachment) was employed to penetrate and vent all suspicious containers. On piercing the plastic lid of the second “Schott” bottle, a video attached to the robot recorded another violent boiling reaction. When scientists examined this bottle some hours later, there was substantial frosting on the outside with little reduction in volume. Drager tests were conducted and provided a positive reaction for ammonia and related compounds. Caps were removed from suspect containers and samples of liquids were collected in dilute hydrochloric acid solutions. Concentrated hydrochloric acid was later added whereupon a white crystalline solid formed in the sample tubes. Following filtration and drying, infrared spectrophotometry indicated the solids were ammonium chloride (not methylamine hydrochloride). Ion chromatography was employed for

VOLUME 9 NUMBER 1 — JANUARY 1999

confirmation. A total of 3.6 litres of either liquefied ammonia or supersaturated ammonia solution was recovered after the explosion. In the form of liquefied ammonia, 3.6 litres would represent approximately 2900 litres of ammonia gas at STP. Liquefied ammonia boils at -33°C. At a temperature of 35°C, the pressure in the glass “Schott” bottles would be approximately 13.3 atm. The two “Schott” bottles were left to vent overnight and it is noteworthy that the volume only decreased by half over many hours, including exposure to morning sunshine. Three large metal trunks were later found inside the storage unit and these contained significant quantities of chemical glassware included large dry ice – acetone condensers. A recipe for the manufacture of methylamphetamine using the aluminum foil method was also located in a trunk and analysis of residues on glassware showed the presence of methylamphetamine. However, apart from the ammonia, there was no other evidence relating to the “Nazi” method. Previous reports clearly suggest that those using the “Nazi” method generally react their liquefied ammonia gas immediately following preparation and do not attempt to store this substance in glass bottles! The purpose of this article is to reinforce the danger inherent in handling unknown chemical substances at “clan lab” sites. The VFSC wishes to acknowledge Mr. Eric Lawrence (Indiana State Police Laboratory) for valued information regarding hazards associated with the “Nazi” method.

ADDENDUM Approximately one month prior to our experience, “clan lab” chemists attached to the West Australian Forensic Laboratory reported a serious incident involving liquefied ammonia at a “Nazi” method site. In this instance, liquids from two “reaction vessels” had been decanted into two glass winchesters. While shifting these items to the hazardous waste truck, a bottle exploded in the faces of the investigating chemist and the employee of the disposal company. The chemist received severe lacerations and the contractor suffered serious burns to the trachea and the lining of the lungs.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LABORATORY SEIZURES SACRAMENTO COUNTY CRIME LAB FINDS EPHEDRA AS PRECURSOR; GHB LAB Last summer, our laboratory received several submissions related to one individual including steroids and samples possibly associated with gamma-hydroxybutyric acid (GHB) manufacturing. The steroids detected were testosterone enanthate (5x10 ml, at 200 mg/ml), testosterone propionate (8x20 ml, at 50 mg/ml; and 1x50 ml at 50 mg/ml), nandrolone decanoate (3x50 ml, at 50 mg/ml; and 1x20 ml, at 200 mg/ml), nandrolone laurate (1x50 ml, at 50 mg/ml) and methandrostenolone (1x50 ml, at 25 mg/ml). Marijuana and lidocaine were also found in this submission. In a separate submission for the same case, four liquid items were received – three contained butyrolactone and GHB (1 in a 4 L amber bottle) and the fourth contained butyrolactone. This was our first encounter with a suspected GHB clandestine laboratory In the autumn of 1998, we received case samples from a suspected clandestine methamphetamine laboratory. Several hundred tablets containing pseudoephedrine were present. Red phosphorus and iodine were also detected in the case. Several liquids in the case were identified as containing amphetamine, methamphetamine, dimethylamphetamine, and ephedrine or pseudoephedrine. Some items also contained possible methylephedrine (not confirmed, standard not available). Another item contained two factory bottles labeled “Ephedra, 333 mg, 250 tablets” from a company named “D and E”. One bottle was sealed and the other contained 190 large, white round tablets with no markings. GC/MS analyses of the tablets identified only ephedrine / pseudoephedrine in the tablets. No other ephedrine-type compounds were detected in the tablets in either a base extraction or a methanolic extraction. This is our first encounter with ephedra tablets and a laboratory which has apparently manufactured methamphetamine using ephedra extract as a precursor. Trevor Wilson Sacramento Co. Crime Laboratory Sacramento, CA

SNUFFING OF METHAMPHETAMINE IN SLOVAKIA Our laboratory has received many samples of white powder containing methamphetamine and lactose. The usual form of the samples is about 250 mg of powder in a small polyethylene bag. The methamphetamine is very clean, possibly synthesized from ephedrine, and is about 35-50% in strength. According to investigative sources, the mixture is taken like cocaine by snuffing or snorting into the nose. Some of the

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toxicologist here believe methamphetamine is to sharp and acrid to be used in this manner and say it is very rare. I would like the comments from other CLIC members regarding this and whether they have seen methamphetamine used in this way. I can be reached by email at: [email protected] Thank you for your comments. Jiri Zapletal Institute of Criminalistics Banska Bystrica, Slovakia

PHENETHYLAMINE SEEN IN EASTERN OREGON Narcotics task force officers from Umatilla County, Oregon, recently submitted a large drug seizure that included 9 pounds of marijuana, 343 g of methamphetamine, 204 grams of amphetamine, and 271 g of phenethylamine. Since August 1998, we have had three other submissions of samples containing phenethylamine; however, these samples were small quantities. Christine Ogilvie OSP Forensic Laboratory Pendleton, OR

1998 CLAN LAB SEIZURES IN SAN BERNARDINO COUNTY, CA San Bernardino County, CA, has seen a decrease in drug lab seizures in 1998 compared to the last two years. The unofficial total of labs seized in 1998 was 568, down 25% from the previous year. Reasons for this decline in labs is unexplained and may be attributed to narcotics officers focusing more on street level drug buy investigations rather than on lab investigations. The types of labs encountered have been predominantly methamphetamine via the iodine and red phosphorus route, or the iodine and hypophosphorus acid route. Pseudoephedrine, rather than ephedrine, from cold tablets and bulk tablets is the precursor of choice. A few amphetamine labs have been seized in which the precursor was phenylpropanolamine. Also on the decline have been the Mexican national meth labs, down 45% from the last year. The desert still sees quite a few dirt extraction labs. Fortunately, there were no fatalities and very few injuries resulting from fires, explosions or chemical exposures at drug labs.

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 1 — JANUARY 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION PHENETHYLAMINE FINALLY MAKING IT’S APPEARANCE IN SAN BERNARDINO COUNTY In December 1998, the crime lab in San Bernardino county has seen three cases in which phenethylamine was detected. Two of the cases involved large samples of off-white powder or solid, 400 g and 450 g, in which phenethylamine was the only substance detected. Other drugs analyzed in those cases included large amounts of heroin and methamphetamine. A preliminary test did not indicate phenethylamine in those samples. The third case consisted of two small bindles of off-white powder that contained only phenethylamine. In two of the cases, dimethyl sulfone was also detected with the phenethylamine. This is the first time the crime lab has confirmed the presence of phenethylamine in any submitted drug cases. Cathy Wojcik San Bernardino Sheriff’s Crime Lab San Bernardino, CA

“NAZI METHOD” LAB ENCOUNTERED IN CENTRAL CALIFORNIA FOR FIRST TIME An active methamphetamine manufacturing site using the so-called “Nazi Method” reaction route was observed by Central California crime laboratory personnel in November 1998. Although numerous accounts about the “Nazi Method” of methamphetamine manufacture have been reported widely, in other geographical locations since 1990, this incident represents the first time an active “Nazi” lab site has been seen here. It appeared that enough pseudoephedrine to produce a fraction of an ounce of product was being extracted from tablets using ether drained from automotive starting fluid cans. Energizer® AA batteries containing lithium were situated with an assortment of other household products commonly used in this process. No ammonia was found in the immediate vicinity of the other items. Residues of powders from prior manufacturing activity were observed in fruit canning jars. Analyses of two brown powder residues revealed the presence of both methamphetamine and “reduced ring” byproducts, reported by Dal Cason [1] to be indicative of Birch/Benkeser type dissolving metal reductions. 1.

T.A. Dal Cason; CLIC Monograph: “A Review of the Birch Reduction Method”, Sept. 1998.

SUMMARY OF 1998 ACTIVITIES IN RIVERSIDE, CA The California Department of Justice, Riverside Laboratory received 480 clandestine labs in 1998. A criminalist responded to 140 of these. The overwhelming majority of the labs we received were methamphetamine manufacturing that utilized the pseudoephedrine/iodine/red phosphorus route of synthesis. In addition, we had a number of pseudoephedrine extraction labs. These types of labs usually were using cold tablets and denatured alcohol or water. There was one case where samples from a PCP lab dump were submitted. Most of the cases were small labs only making enough for personal use and limited sales. On a number of occasions, we saw larger labs that were manufacturing much greater quantities of methamphetamine for wider distribution. Our court testimony was limited. We went to court 14 times on clan lab cases. Five of the court cases were from 1998, 7 were cases from 1997, 1 was a case from 1996 and the remaining 1 was from a case before 1995. Because the law enforcement officers can interview the criminalist and testify to the crime lab results at preliminary hearings, the number of times we have to testify has decreased dramatically. There are few trials in these cases. Most of the defendants plead to receive a lesser sentence. Lynn Melgoza CA DOJ Laboratory Riverside, CA

CURRENT POPULAR “NAZI-METH” RECIPE IN SOUTHERN IOWA Place 6,000 tablets in a five-gallon pail. Add enough anhydrous ammonia to make a depth of two inches. Add six strips of lithium metal from batteries (stored beforehand in camping fuel) Stir for ten minutes. Add one gallon of camping fuel. Leave for a couple of hours Strain solids through a T-shirt. Throw the solid away Bubble HCl into the liquid. Filter and dry the finished product. Another “Nazi” Methamphetamine Recipe (as told to officers in Lee County, Iowa) 720 tablets, 60 mg pseudoephedrine HCl 2 lithium batteries 32 oz. anhydrous ammonia 2 cans starting fluid

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 1. 2. 3. 4.

Crush tablets, soak in Everclear, boil off alcohol on low heat in Pyrex bowl. Add tablets to 32 oz. of anhydrous ammonia (in plastic cup) and then add lithium strips. It will turn black. Stir until clear. Evaporate the anhydrous ammonia. Put “pill crud” on filter and slowly pour starting fluid through the filter. Put Liquid Fire and salt or muriatic acid in gas can or bug sprayer with pump. (1/2 inch deep of acid) Shake gas can to start the gas going out the hose.

5. 6.

Bubble the HCl gas into the starting fluid. Pour starting fluid through filters set up in jars. Leave the finished product in the filters. Squeeze and dry the filters.

Yield: 25-26 grams (65% of theoretical, 60% by weight) Nila Bremer IA State Crime Laboratory Des Moines, IA

MEETING OF AUSTRALIAN AND NEW ZEALAND CLANDESTINE DRUG LABORATORY INVESTIGATING CHEMISTS ADELAIDE, SOUTH AUSTRALIA, 1998 K PAUL KIRKBRIDE, PH.D. Assistant Director-Science Forensic Science Adelaide, SA – Australia A three-day workshop dealing with aspects of clandestine drug laboratory investigation was held in Adelaide, South Australia in October 1998. CLIC members from five Australian states and New Zealand were involved. The activities of the meeting were split into two parts; oral presentations and practical demonstrations. Most of the oral presentations were designed to expose attendees to key theory in organic chemistry such as concepts of chirality, competing reactions and equilibria, and mechanisms involved in condensations, reductive aminations, reductions in general, and nucleophilic reactions. Other oral sessions covered varied topics such as hash oil labs, heroin labs, and a THC lab, as well as training initiatives and feedback from CLIC meetings in the US. Practical sessions involved working demonstrations of key synthetic procedures and techniques. For example, reduction of pseudoephedrine by lithium in anhydrous ammonia was demonstrated in order to allow participants to become familiar with the safety issues associated with the process, and the appearance of the reaction at its various stages. In order to illustrate procedures for conducting reactions under an anhydrous,

PAGE 10

inert atmosphere phenylmagnesium bromide was prepared and treated with chloroacetone to yield P-2-P. Azeotropic removal of water using a Dean and Stark apparatus was demonstrated for the condensation of nitroethane with benzaldehyde. Some reactions were undertaken to show how bad they were; while others, such as hydrogenolysis of chloropseudoephedrine and reductive amination using cyanoborohydride, were demonstrated to show how mild and efficient some reactions can be. In most cases, the practicals were planned to reinforce theory covered in the oral sessions. Reactions were worked up and analyzed using GC-MS so that attendees could update their libraries of characteristic byproducts. Attendees were given small samples from the reactions so they could tinker with them further at their leisure. This workshop was sponsored by the National Institute of Forensic Sciences. The need for the small community of drug lab chemists to meet regularly for technical training as well as safety training is of vital strategic importance in Australia and New Zealand. On behalf of the drug lab investigation community I wish to thank the National Institute for their part in making the venture a success.

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 1 — JANUARY 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

β-PHENETHYLAMINE: 4TH QUARTER – 1998 JERRY MASSETTI CA State Dept. of Justice, Fresno Laboratory 6014 N. Cedar Avenue Fresno, CA 93710

INTRODUCTION The occurrence of samples containing β-phenethylamine apparently has lasted beyond a mere transient phase. Although numbers of β-phenethylamine encounters are very small, it may be that a market is being forged for β-phenethylamine, as a product in its own right.

DISCUSSION Isolated incidents, where β-phenethylamine was found in suspected methamphetamine samples, have continued to persist for more than seven months, as of December 31, 1998. Recent β-phenethylamine seizures in Southern California have been as large as 15 and 20 pounds each. Detected concentrations of β-phenethylamine in both Southern California and in the San Francisco Bay Area have been as great as 95 and 99%. Samples containing β-phenethylamine have been seized with other separately packaged samples that contained high percentage concentrations of methamphetamine, amphetamine, heroin, cocaine and marijuana. β-Phenethylamine usually has been the sole active ingredient found in samples. When diluents were reported dimethylsulfone has been the principal cutting material that was observed. Some samples contained amounts of methamphetamine, amphetamine and/or caffeine within the same mixture of powder. When methamphetamine was present, it usually was as a minor or trace component. Trace quantities of substituted naphthalene compounds have only been observed when methamphetamine or amphetamine were also present. In one case, β-phenethylamine was mixed with both cocaine and ephedrine. The actual numbers of β-phenethylamine cases reported is quite small. The cases being reported here have been received mostly in response to discussions about β-phenethylamine encounters in the past two issues of this journal [1, 2] and at the Fall 1998 meetings of California Association of Criminalists Drug Study Groups, in Los Angeles and San Francisco. Additional reports about detecting β-phenethylamine have been received from laboratories within the California State Department of Justice, Bureau of Forensic Services. These reports are voluntary and do not represent a comprehensive survey of forensic laboratories. Table 1 summarizes reports about β-phenethylamine for the fourth quarter of 1998. Most parts of California and a number of western U.S. States including Oregon, Idaho, and Colorado indicate that β-phenethylamine was detected during the last half of 1998. One report was also received from Iowa and Nebraska.

VOLUME 9 NUMBER 1 — JANUARY 1999

Until late September 1998, sample sizes of β-phenethylamine exhibits were limited to quantities ranging from one-half of one gram up to several hundred grams. Since then several 1-pound seizures have been received. During the last week in September, three pounds of powder containing β-phenethylamine were represented as “so-so quality meth” to an undercover operative in a “buy-bust” operation. In late November, 15 pounds were seized while being transported with one pound of amphetamine and four pounds of methamphetamine. In December, twenty pounds of β-phenethylamine was seized in a single exhibit. Packaging of samples containing β-phenethylamine has consisted of multiple layers of large Zip-lock® type plastic bags or very small baggies. One 1-pound seizure was divided into five bags of powder that was particularly chemically odorous. Each bag was wrapped with plastic sheets of perfumed fabric softener and many layers of electrical tape. Despite the secretive packing used in this particular case, a canine team alerted on the material. Comments regarding strong chemical odors have accompanied most β-phenethylamine reports.

TOXICOLOGY In Orange County, it has been observed that there may be an increase in negative test results, from subjects who exhibited symptoms of stimulant activity. More than fifty individuals, having 140 bpm pulse rates and/or 8 mm pupil diameters for example, had no stimulants detected in toxicological samples drawn from them, despite the use of a wide panel screen that included up to 36 stimulant candidates. Ingestion of β-phenethylamine could possibly explain such a phenomenon, since many toxicological protocols would not report it.

SIMILAR OCCURRENCES L. A. King, A. J. Poortman-van der Meer, H. Huizer [3] reported “… many seizures of 1-phenylethylamine …” (α-phenethylamine) in several European countries beginning in 1993. Other compounds related to α-phenethylamine “… occurred in isolated cases …”. They also discussed positional isomerism and low toxicity relating 1-phenylethylamine and 2-phenylethylamine (β-phenethylamine). Powdered mixtures containing α-phenethylamine also were reported by E. Meyer, et al. [4] to have been identified in Belgium, in April 1994. Dal Cason [5] reported on a β-phenethylamine occurrence observed in 1993 around

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Minneapolis. E. Schreiber [6] detected isopropylamphetamine at California State Department of Justice, Stockton Laboratory in July 1997.

THE WEB Internet search engines return numerous hits in response to insertion of 2-phenylethylamine (β-phenethylamine) as a search term. 2-Fenetelimina is advertised on a web page by a Mexican vendor of chemical supplies. A German chemical supply house is also represented. Phenethylamine “… increases attention and activity in animals and has been shown to relieve depression in 60% of depressed patients …” claims another site. Other Web sites suggest that phenethylamine causes “… the ‘high’ experienced by lovers …” or explains why chocolate makes us happy.

ACKNOWLEDGEMENTS Continued reports from laboratories encountering β-phenethylamine are appreciated, especially those received

from: K. Andrews, M. Barosso, D. DeFraga, D. Diosi, D. Hong, K. Lee, T. McKibben, P. Sedgwick, D. Sincerbeaux, H. Skinner, and C. Willis. Additional accounts may be submitted directly to this journal, or forwarded to the author at the above address, or to: [email protected] (The preceding observations and opinions are the author’s and do not necessarily reflect those of any of the mentioned agencies.)

REFERENCES 1. 2. 3. 4. 5. 6.

Journal of the Clandestine Laboratory Investigating Chemists, Vol. 8 (Number 3), July 1998, pages 10 – 12. Journal of the Clandestine Laboratory Investigating Chemists, Vol. 8 (Number 4), October 1998, page 3. Forensic Science International, 77 (1996), pages 141 – 149. Forensic Science International, 76 (1995), pages 159 – 160. 3rd Annual Technical Meeting – Clandestine Laboratory Investigating Chemists, Memphis, 1993. Personal communication, August 4, 1997.

Table 1: 4th Quarter β-Phenethylamine Reports

PAGE 12

Month

Location

Comments

October 1998

Riverside

15 pounds

October 1998

San Francisco

1 pound, canine alert

October 1998

Colorado

November 11, 1998

Contra Costa County

2, ½ gram baggies

November 27, 1998

Idaho (Meridian)

½ gram baggie, brown

November 29, 1998

Los Angeles

2 x < 1 gram

December 1998

Los Angeles

20 pounds

December 12, 1998

Kern County

1 pound

December 15, 1998

Kern County

1.3 grams, appearance and odor of methamphetamine

December 29, 1998

Santa Clara County

0.97 grams, cocaine in 2

December 1998

LA Sheriff’s Office

0.31 grams, packaged as if for sale

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

nd

sample

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CASE STUDY: CLANDESTINE LABORATORY; KANSAS CITY, MISSOURI BRIAN J. MALONEY DEA North Central Laboratory 536 S. Clark St. Room 800 Chicago, Illinois 60605 On September 18, 1998, a clandestine laboratory was seized in Kansas City, Missouri, in which multi-pound quantities of methamphetamine, phenylacetone (P-2-P), 3,4-methylenedioxyamphetamine (MDA), and methaqualone were being, or could have been, produced. The laboratory was accessed through a hidden door that was camoflauged as the back wall of a functional basement closet. The door had an electronic control that was in the process of being installed, but was not yet operational. The paneling of the door matched the paneling of the rest of the closet and basement. Without informant information, the lab would have been virtually undetectable. The lab was approximately 12’ x 9’ and the walls were soundproofed with foam board to dampen the noise generated from stirring devices, vacuum pumps, and other laboratory items. Chemical odors of the lab were masked with thousands of dryer sheets placed throughout the room. It was plumbed for condensing columns and there was an extensive collection of glassware and reference material including numerous underground publications. There were 23 triple-neck round bottom flasks of various size including 2-22 L (with heating mantles), 2-12 L and 12-5 L. Additionally, 14 various sized double-neck round bottom flasks and 11 various sized single-neck round bottom flasks were seized. A unique feature of this lab was a homemade “vent” that was connected to the sewer with PVC pipe. Overall, the laboratory setup was very complicated and very well planned. Having no formal education, the lab operator demonstrated a high degree of skill and knowledge with regard to drug synthesis. The methamphetamine was being produced via P-2-P. The laboratory operator had chemicals available that would allow him to synthesize P-2-P from two separate routes. His primary route of synthesis began with benzaldehyde and nitroethane. These reagents in the presence of n-butylamine will yield 1-phenyl-2-nitropropene (P-2-NP) [2, 3]. This intermediate can then be converted to P-2-P with iron, ferric chloride, and hydrochloric acid [4]. The other route of synthesis that the operator attempted, started with phenyl acetic acid (PAA) (not present at scene) and acetic anhydride (AA) with sodium acetate (SA) [5]. Chemical inventories and seized items provided evidence that both of these routes were utilized at some point. With the P-2-P, the operator had two routes available for synthesizing methamphetamine. There was methylamine, aluminum foil and mercuric chloride, for using the aluminum – mercury amalgam method [6, 7], and there was a large amount of formic acid, formamide and

VOLUME 9 NUMBER 1 — JANUARY 1999

hydrochloric acid for the Leuckart method [8, 9]. Additional methylamine could have been produced from formaldehyde and ammonium chloride [11] or by reducing nitromethane with lithium aluminum hydride [2, 11]. In addition to methamphetamine, the operator had two routes available for the synthesis of MDA. However, both of these routes utilized the same intermediate, 3,4-methylenedioxy-βmethyl-β-nitrostyrene (3,4-MDMNS). This intermediate can be synthesized from piperonal and nitroethane with a catalyst such as n-butylamine, methylamine, ammonium acetate, or sodium hydroxide [2]. From the 3,4-MDMNS intermediate, one of the most direct routes to get to MDA is by using lithium aluminum hydride with tetrahydrofuran [1, 3]. The other route involved going from 3,4-MDMNS to 3,4-methylenedioxyphenyl-2-propanone (MDP-2-P) by using iron fillings and acetic acid [10]. The operator could then have used formic acid and formamide with the MDP-2-P to get to MDA (or with P-2-P to yield amphetamine). Alternatively, by using the MDP-2-P, the operator could have synthesized 3,4-methylenedioxymethamphetamine (MDMA) by using methylamine with either of the aluminum – mercury amalgam or Leuckart methods. Another drug that the operator could have made was methaqualone. Present at the lab was anthranilic acid and acetic anhydride. The reaction of these two compounds is the first step in the synthesis of methaqualone. The intermediate product of this reaction, N-acetylanthranilic acid, can be converted to methaqualone with o-toluidine. All of the above mentioned chemicals were present at the scene unless otherwise noted. The molar amounts of each precursor chemical that was present at the scene (including amounts listed on packing slips and ordering receipts, but not counting them twice) were calculated. Assuming 100% theoretical yield, it was calculated that the operator could have produced 56.5 Kg of methamphetamine (including amount possible from 40.7 Kg of possible P-2-P), 1.6 Kg of MDA, and 4.2 Kg of methaqualone. It should also be noted that many of the chemicals could be used in more than one reaction type. With such a large volume of precursors, even a very poor yield would still yield a sizable amount of finished product. Considering the actual laboratory facility and glassware, it is easy to see that this was a substantial laboratory in terms of the amount of potential finished product. See the included diagram for reaction schemes and precursor amounts.

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION REFERENCES 1.

2.

3.

4. 5.

Abstract 35:58685 (1941). “New Medicines Acting on the Autonomous System and Having an Anorexiant and Stimulating Properties on the Central Nervous System,” Laboratories Amido, French Patent #2782M, Sept. 7, 1964. Chemical Abstract 62:5228b (1965). 7. Wassink, B.H.G., Dunijndam, A., and Jansen, A.C.A., “A Synthesis of Amphetamine,” Journal of Chemical Education, Vol. 51, 1974, p.671. 8. Crossley, F.S. and Moore, M.L., “Studies on the Leuckart Reaction,” Journal of Organic Chemistry, Vol. 9, 1944, pp. 529-536. 9. Moore, M.L., “The Leuckart Reaction,” in Organic Reactions, Vol. 5, R. Adams, Ed., John Wiley and Sons, New York, 1949, pp. 301-330. 10. Shulgin, A.T. and Jacob, P. III, “Potential Misrepresentation of 3,4-Methylenedioxyamphetamine (MDA). A Toxicological Warning,” Journal of Analytical Toxicology, Vol. 6, March/April 1982, pp. 71-75. 11. Marvel, C.S. and Jenkins, R.L., “Methylamine Hydrochloride,” Organic Synthesis, Collective Volume I, 1932, pp. 347-350. 6.

Dal Cason, T.A., “An Evaluation of the Potential for Clandestine Manufacture of 3,4-Methylenedioxyamphetamine (MDA) Analogs and Homologs,” Journal of Forensic Sciences, Vol. 35, No. 3, May 1990, pp. 675-697. Benington, F., Morin, R.D., Clark, L.C., Jr., and Fox, R.P., “Psychopharmacological Acivity of Ring and Side ChainSubstituted beta-Phenethylamines,” Journal of Organic Chemistry, Vol. 23, Dec. 1958, pp.1979-1983. Ho, B.T., McIsaac, M.W., An, R., Tansey, L.W., Walker, K.E., Englert, L.F., Jr., and Noel, M.B., “Analogs of alpha-Methylphenethylamine (Amphetamine). I. Synthesis and Pharmacological Activity of Some Methoxy and/or Methyl Analogs,” Journal of Medicinal Chemistry, Vol.13, Jan. 1970, pp. 26-30. Hass, H.B., Susie, A.G., and Heider, R.L., “Nitro Alkene Derivatives,” Journal of Organic Chemistry, Volume 15, 1950, pp. 8-14. Magidson, O.Y. and Garkusha, G.A., “The Syhnthesis of 2-Phenylisopropylamine (Phenamine),” Journal of General Chemistry (USSR), Vol. 11, 1941, pp. 339-343. Chemical Phenylacetone (P2P) Syntheses + Nitroethane 22.8 Kg

Benzaldehyde 20.4 Kg Phenylacetic Acid

+

Not present. However, benzene and chloroacetic acid could yield PAA

n- butylamine

Acetic Anhydride

1-Phenyl-2-nitropropene

Sodium acetate

P2P

P2P

12 Kg

11.3 Kg

Fe, FeCl3 HCl

3,4-Methylenedioxyamphetamine (MDA) and Methamphetamine Syntheses

Piperonal 1.1 Kg

+

Nitroethane see above

n-butylamine, methylamine, ammonium acetate, or NaOH

3,4-Methylenedioxy-β-methyl-β-nitrostyrene LiAlH4 / THF Fe, Acetic acid

3,4-Methylenedioxyphenyl-2-propanone (MDP-2-P)

P2P or MDP-2-P see above

+

Methylamine 4.8 Kg

3,4-methylenedioxyamphetamine (MDA)

Formic acid, formamide

MDMA - or Methamphetamine

Al foil, HgCl2, alcohol, or Formic acid, HCl

Methaqualone Synthesis Anthranilic acid 2 Kg

+

N-Acetylanthranilic acid (intermediate)

Acetic anhydride see above

N-Acetylanthranilic acid (intermediate)

+

o-Toluidine 294 g

Methaqualone

Precusors and reagents recovered from scene are LISTED IN BOLD

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 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 1 — JANUARY 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

2,5-DIMETHOXY-4-ETHYLTHIOPHENETHYLAMINE (2C-T-2) The US Army Criminal Investigation Laboratory in Forrest Park, Georgia, recently received a submission of commercial prepared tablets from The Netherlands. The small, white tablets were quarter-scored with an additional score bisecting one of the quadrants. The tablets came in a 3.25” wide by 6.125” tall package with a dominant orange background and a series of spheres interlocked in a Buckyball fashion. The package is labeled to contain “2,5-dimethoxy-4-ethylthiophenethylamine”. The package is labeled to be distributed by “Conscious Dreams Distributie bv Amsterdam, +31(0)20.4707744”. The top of the package is labeled “2CT2”. In Phenethylamines I Have Known And Loved (PIHKAL) [1], Shulgin and Shulgin describe the action of 2C-T-2 to be parallel

to that of 2C-T-7. However, there appears to be a tendency towards physical side effects such as nausea and diarrhea with the 2C-T-2. Reported dosages range from 12 – 25 mg, with a duration of 6 – 8 hours. Below are the IR, GC/MS and GC/IRD data for this compound. A special thanks to Joe Stall of the USACIL of sharing this information.

REFERENCES 1.

Phenethylamines I Have Known And Loved (PIHKAL), A. Shulgin and A. Shulgin, Transform Press, Berkeley, CA, 1991, pp. 557-561.

100 95 90 85 80 75 70 65

%Transmittance

60 55 50 45 40 35 30

CH3O

NH2

25 20

OCH3

CH3CH2S

15

2,5-dimethoxy-4-ethylthiophenethylamine

10 5 0 4000

3500

3000

2500

2000

1800

1600

1400

1200

1000

800

600

Wavenumbers (cm-1)

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Average of 2.572 to 2 .589 m in. : 2CT2.D

212

280000 260000 240000 220000 200000 180000

CH3O

NH2

160000 140000

183

OCH3

CH3CH2S

120000

2,5-dimethoxy-4-ethylthiophenethylamine

100000

241

153

80000

197

60000 40000 59

20000

45

91

77

138

121

109

68

167

100

224

0 40

50

60

70

80

90

100

110

120

130

140

150

160

170

180

190

200

210

220

230

240

AVE6_0 (5.92: 6.01) Ref. ( 5.52 : 5.55) of D:\HPCHEM\1\DAT A\ RE_2CT2.D

771

90

CH3O

NH2

1041

2939

80

1379

Tra nsmi ttance

100

CH3CH2S

OCH3

2,5-dimethoxy-4-ethylthiophenethylamine

PAGE 16

3000

2000 Wa ven umbe r ( cm -1)

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

1209

1484

4000 Ver A. 00.02

1000

VOLUME 9 NUMBER 1 — JANUARY 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

IDENTIFICATION OF THE POTASSIUM SALT OF GAMMA-HYDROXYBUTYRATE (GHB-K+) LARA WALKER, CRIMINALIST California Department of Justice-Freedom Laboratory 440 Airport Blvd., Bldg. A Watsonville, CA 95076

Recently, our laboratory was asked to analyze a suspected gamma-hydroxybutyrate (GHB) lab that was found in Santa Clara County. The lab site consisted of glassware, clear liquids, and a cooperative suspect that identified the unlabeled chemicals as “lactone” and “potassium hydroxide.” The amount of liquid GHB present was the equivalent of over 1,000 doses. This laboratory encountered two problems with the analysis. The first was the extreme hygroscopic nature of the dried sample, which was inconsistent with the hygroscopic qualities observed with the sodium salt of GHB. It was evident that the sodium salt dried in the oven faster and did not absorb moisture from the air as readily as the potassium salt. The second problem arrived when the infrared spectrum was inconsistent with reference spectra previously published or seen with laboratory standards of the sodium salt of GHB (Fig. 2). Based on the suspect’s admission, the potassium salt of GHB was suspected, and it was speculated that the IR spectrum (Fig. 3) and consistency of the drug may be different than previously encountered with the sodium salt of GHB. As of January 1999, a literature reference and a traceable standard of the potassium salt of GHB were not located. A GHB-K+ standard was prepared by combining 5 mls of (GBL) gamma-hydroxybutyric acid lactone (Fig. 1) with 5 mls of a 50% aqueous potassium hydroxide solution. To confirm that GHB synthesis was successful, the mass spectra of GHB-K+ was compared with the mass spectra of a known GHB-Na+ standard (Figs. 4 and 5). Both samples were prepared by drying and silylating them with BSTFA and 1%TCMS. Forensic Chemist Kathleen Andrews of DEA’s Western Laboratory performed additional confirmation of GHB-K+ using NMR. Following analysis, it was confirmed that the potassium and sodium salts of GHB have different IR spectra. It was also determined that the potassium salt of GHB needs a much longer drying time than the sodium salt. Due to the rapid conversion of GBL to GHB by peripheral lactonases in the body, the Department of Justice-Bureau of Forensic Services has recently adopted the position that GBL is an analog of GHB as defined in Section 11401 of the California Health and Safety Code. To be deemed an analog, the chemical structure of the substance must be substantially similar to the chemical structure of the controlled substance OR “…the substance has, is represented as having, or is intended to have a stimulant, depressant, or hallucinogenic effect on the central

VOLUME 9 NUMBER 1 — JANUARY 1999

nervous system that is substantially similar to, or greater than, the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance classified in Section 11054 or 11055.” The following is the Freedom Laboratory’s method for GHB analysis. Appearance Clear or colored liquid with possible flavoring, white powder that is hygroscopic, white paste-like material, or white waxy/ soap-like chunks. Odor The liquid GHB and GBL have slight “burnt plastic” odors Solubility GHB is soluble in water and alcohols. It is slightly soluble in acetonitrile and ethyl acetate. It is insoluble in petroleum ether, ethyl ether, chloroform, and methylene chloride. GBL is soluble in chloroform, methylene chloride, alcohols, ether, acetone, and benzene. Color Screening Tests Two color tests are available that indicate the possible presence of GHB (see Frommold and Busby). GBL alone does not react with these color tests. However, KOH and NaOH alone will. This laboratory uses them after other common color tests have shown no reaction. 1.

5% Ferric Chloride solution: Dissolve 5 g of ferric chloride in 100 ml of distilled water. (Reddish-orange is positive with any alkaline solution) Note: Works well with liquid or solid samples 2. 1% Cobalt Nitrate solution: Dissolve 3.9 g of Cobaltous Nitrate in 500 ml of methanol (Light purple is positive. KOH and NaOH give a gray color.) Note: This color test does not work very well with liquid samples. Dry a couple of drops in 58°C oven if necessary prior to color test.

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PAGE 17

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION GC/MS (as a screen) Methanol extracts of dry samples can be injected. GHB converts to the butyrolactone upon injection so a confirmation is still required. Acidic extracts in chloroform convert liquid GHB samples back to the GBL and can be injected in trace amounts prior to drying.

Sample Prep ✔ Add 100 ml of BSTFA with 1% TCMS in an autosampler vial to approximately 0.5 mg of dried sample. ✔ Mix well and add 100ml of acetonitrile. ✔ Cap and heat in a 45°C water bath for 10 minutes. ✔ Inject 0.5 µl to 1 µl Parameters ✔ Initial oven temp: ...... 70°C ✔ Ramp: ........................ 30°C/minute ✔ Final temp: ................ 280°C, hold 3.00 minutes ✔ 30:1 split ratio

Parameters This method is set up to identify Rohyponol as well and can be shortened if necessary. GC/MS system used is a HP 5890 GC with a HP 5970 MSD. The column is a HP-1, nominal 12 M, 0.18 to 0.23mm ID coated with 100% crosslinked methyl silicone.

Steps Taken To Identify GHB At This Lab ✔ Both color screening tests. Dry liquid samples if they are too diluted. ✔ GC/MS as a screening tool. If butyrolactone is present then proceed, otherwise stop. ✔ Dry sample completely for FTIR confirmation ✔ GC/MS confirmation using the derivatizing agents when FTIR is insufficient or unavailable.

Initial oven temp: .................... 40°C Ramp: ...................................... 30.0°C/minute Final temp: .............................. 280°C, hold 5 min Injector temp: .......................... 25°C Detector and transfer line: ...... 280°C 30:1 split ratio

REFERENCES

Confirmation FTIR (recommended) Dry liquid or solid samples completely prior to analysis. The Freedom Lab uses a 58°C oven overnight. Incorporate the dry sample into a KBr pellet for analysis. The drying time may increase for the potassium salt of GHB. Sample Preparation To Remove Impurities If the sample is liquid, excess butyrolactone can be removed by extracting it with chloroform. Save the organic layer. Note: Sample preparation, other than drying, has not been necessary on the samples seen in this laboratory thus far. Derivatizing Samples For GC/MS Confirmation The molecular ion is m/z 248, but is not always seen at lower concentrations. Ions common to TCMS derivatives include m/z 73, 147, and 243. For identification, ions m/z 117(10%), 133(2%), 159(1%), 204(5%), and 233(10%) need to be present at the proper retention time. At high enough concentrations, the molecular ion, m/z 248(1%) may be present.

PAGE 18

1. 2. 3. 4. 5. 6.

Andollo, Wilmo, Metro Dade County Medical Examiner“Toxicology Department Methods” (Handout received at “Date Rape Drugs Seminar” April 1998-Santa Clara). Andrews, Kathy, DEA Western Laboratory, Personal Communication, December 1997-January 1999. Blackledge, R.D., and Miller, M.D., “The Identification of GHB,” Microgram, XXIV, No. 7, 172-179, July 1991. Bommarito, C., “Analytical Profile of GammaHydroxybutyric Acid,” Journal of the Clandestine Laboratory Investigating Chemists, Vol. 3, p. 10, July 1993 Dyer, Jo Ellen, Poisoning and Drug Overdose 3rd Edition, A Large Clinical Manual, Olson KR Editor, Appleton & Lange Norwalk, CT, 1998. DRAFT Frommold, S., and Busby, C., “GHB,” Southwest Association of Forensic Scientists Journal, 18-2, p. 5-15, Fall, 1996

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 1 — JANUARY 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

100 95

90

85

80

75

70 65

%Transmittance

60

55

50

45

40

35

30 25

20

Fig. 1. gamma-Hydroxybutyric acid lactone (GBL)

15

10

4000

3500

3000

2500

2000

1800

1600

1400

1200

1000

800

600

1400

1200

1000

800

600

Wavenumbers (cm-1)

100

Fig. 2. Sodium salt of GHB

95 90 85 80 75 70 65

%Transmittance

60 55 50 45 40 35 30 25 20 15 10 5

4000

3500

3000

2500

2000

1800

1600

Wavenumbers (cm-1)

VOLUME 9 NUMBER 1 — JANUARY 1999

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

PAGE 19

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

100 95

90

85

80

75

70

%Transmittance

65

60

55

50

45

40

35

30

Fig. 3. Potassium salt of GHB

25

20 4000

3500

3000

2500

2000

1800

1600

1400

1200

1000

800

600

Wavenumbers (cm-1)

Fig. 4. BSTFA w/ 1% TCMS derivative of GHB-K+ Abundance

Average of 3.736 to 3.757 min.: TMS.D (-) 147

3500000 3000000 2500000 73

2000000 1500000 1000000 500000 m/z-->

PAGE 20

45

117 59 85

103

233 133

159

179 191

204

218 248 0 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 94

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 1 — JANUARY 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Fig. 5. BSTFA w/ 1% TCMS derivative of GHB-Na+ Abundance

Average of 3.758 to 3.788 min.: TMS.D (-)

4500000

147

4000000 3500000 3000000

73

2500000 2000000 1500000 1000000 500000 m/z-->

45 117 233

59 85

101

133

159

191

204

218 248 0 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 175

Clan Lab Recertifier Complete training package Satisfies OSHA 29 CFR 1910.120 refresher requirements Open the ReCertifier and train—NOW

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Clan Lab ReCertifier includes Complete Instructor Training Guide and binder PowerPoint Presentation CD (Windows 95) covering entire program 20 student training handouts Master training forms ready to duplicate Record of Training, quiz, fit test form, and seven different exercise worksheets Irritant Smoke Fit Testing Kit (smoke tubes, hand pump bulb, rubber tubing, Rainbow Passage cards, and complete instructions) Network Environmental Systems, Inc.

VOLUME 9 NUMBER 1 — JANUARY 1999

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

PAGE 21

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 9 NUMBER 4 — OCTOBER 1999

IN THIS ISSUE ... New Members ............................................................................................... 2 Lab Seizures .................................................................................................. 3 Abstracts Of Papers Presented At The 1999 Technical Training Seminar......................................................... 10 The Synthesis Of 2,5-Dimethoxy-4-ethylthiophenethylamine (2C-T-2). A Case Report ....................................................................................... 17 Anneke J. Poortman - van der Meer Reaction Byproducts Of Common Cold Tablet Ingredients Via Hydriodic Acid / Red Phosphorus .............................. 21 Scott R. Oulton and Harry Skinner

10th Anniversary Meeting of the Clandestine Laboratory Investigating Chemists Association October 30th - November 4, 2000 Brisbane, QLD - Australia  1999 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Association Officers President: Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284 Vice-President: John Hugel Health and Welfare – Canada 2301 Midland Ave Scarborough, ON M1P 4R7 CANADA (416) 973-2146 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (316) 792-4353 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main St Ste 700 San Francisco, CA 94105-2018 (415) 744-7051 Past-President: Catherine Wojcik San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200 Executive Board Members: Eric Lawrence Indiana State Police Laboratory 8500 E 21st St Indianapolis, IN 46219-2598 (317) 899-8521 Gina Williams San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

NEW MEMBERS PAMELA JOHNSON, MEMBERSHIP SECRETARY The following new members were accepted into the Association at the Annual Business meeting held in Toronto, Canada. With the addition of these members the membership roll is now approaching 500 Regular, Associate and Agency members. We want to welcome the new members and encourage you to be active in sharing information at the meetings and in the Journal. Only through this sharing of what is going on in the “real world” can we help each other and ourselves. Alexis, Jason .................... MS Crime Lab, Jackson, MS Anderson, Susan .............. San Bernardino Co Sheriff's Lab, San Bernardino, CA Anderson, Timothy .......... DEA North Central Laboratory, Chicago, IL Antoniak, Sandra ............. MO State Highway Patrol Crime Lab, Jefferson City, MO Arch, Dorinda .................. Las Vegas PD Forensic Lab, Las Vegas, NV Avilez, Simonique ........... DEA, Mid-Atlantic Lab, Washington D.C. Ballard, Peter ................... Australian Gov’t Analytical Lab, Sydney, NSW Australia Betha, Michael ................. DEA Special Testing and Research Lab, McLean, VA Bovens, Michael, Dr ........ City Police Zurich Scientific Forensic Service, Zurich, CH, Switzerland Boyce, Gordon ................. Health Canada Health Protection Branch, Dartmouth, NS Canada Brush, Richard ................. OK City PD Crime Lab, Oklahoma City, OK Cain, Edwin ..................... Phoenix PD Crime Lab, Phoenix, AZ

Chabrillat, Martine .......... Laboratoires Des Douanes, (French Customs Labs) Paris, France Clemmons, Carrel ............ US Army Crime Lab, Forest Park, GA Cooper, Seth .................... Kansas City PD Crime Lab, Kansas City, MO Crump, Nancy ................. Phoenix PD Crime Lab, Phoenix, AZ Culshaw, Peter ................. John Tonge Centre for Forensic Science, Brisbane, QLD Australia Dawes, Richard ................ OK City PD Crime Lab, Oklahoma City, OK Del Re, Frank ................... Drug Enforcement Administration, Blaine, WA Dennis, William ............... OK City PD Crime Lab, Oklahoma City, OK Engelbrecht, Zelda ........... So. African Police Service, Capetown - So. Africa Erskine, Kevin ................. DEA North Central Laboratory, Chicago, IL Evans, John ...................... PA State Police Lab, Harrisburg, PA Fitch, Kelley .................... Phoenix PD Crime Lab, Phoenix, AZ Garcia, Agnes .................. DEA Southeast Lab, Miami, FL Gorn, Michael .................. NH State Police Lab, Concord, NH Graf, Kristine ................... OR State Police Lab, Portland, OR Haynes, William .............. Los Angeles Co Sheriff’s Scientific Service, Downey, CA Hilsenteger, Rob .............. OR State Police Lab, Medford, OR Hopkins, Barbara ............. UT State Crime Lab, Salt Lake City, UT Hueske, Edward ............... Forensic Consultant Services, Ft. Worth, TX

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes ............................. OSP Forensic Laboratory - Portland, OR ................................................ (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab - Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................DEA Special Testing and Research Lab – McLean, VA ......................... (703) 285-2583 O. Carl Anderson ..................... Kansas Bureau of Investigation Lab - Great Bend, KS ........................... (316) 792-4353 Rick Fortune ............................ VA Division of Forensic Sciences - Richmond, VA ............................... (804) 786-9637 Jerry Massetti ........................... CA Criminalistics Institute - Sacramento, CA ......................................... (916) 227-3575 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452 Peter Vallely ............................ J. Tonge Centre for Forensic Science - Brisbane, Australia .................... 617-3274-9031

PAGE 2

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 4 — OCTOBER 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Jakoet, Fatima .................. So. African Police Service, Garlandale - So. Africa Jenkins, Perry .................. OK City PD Crime Lab, Oklahoma City, OK Jones, Lonnie ................... Pinellas Co Forensic Lab, Largo, FL Kamb, Valerie .................. Johnson Co Crime Lab, Mission, KS Krahn, Patricia ................. IA Div. of Criminal Investigation, Des Moines, IA Krudwig, Diane ............... SEMO Regional Crime Lab, Cape Girardeau, MO Lasater, Boyd ................... CA DOJ, Sacramento, CA Laux, Fredericka .............. DEA North Central, Chicago, IL Lee, Michi ........................ CA DOJ Chico Lab, Chico, CA Llano, Robert ................... VA Div. of Forensic Service, Norfolk, VA McDaniel, Scott ............... UT State Crime Lab, Salt Lake City, UT Melville, Thomas ............. Las Vegas PD Forensic Lab, Las Vegas, NV Montagna, Chris .............. Maine Health & Environmental Testing Lab, Augusta, ME Morris, Alexandra ........... Lothian & Borders Police Forensic Lab, Edinburgh, Scotland Mueller, Craig .................. AZ DPS Crime Lab, Lake Havasu City, AZ

Nagy, Julia ....................... Institute of Forensic Sciences, Budapest, Hungary Nessan, Mitchell .............. WA State Patrol Lab, Spokane, WA Paulson, John ................... Tulsa PD Forensic Lab, Tulsa, OK Pomeroy, Marcus ............. Victoria Forensic Science Centre, Melbourne, Australia Pugh, Joy ......................... NE Area Crime Lab, Kirksville, MO Rapp, Laurette ................. Acadiana Criminalistics Lab, New Iberia, LA Rines, Patricia .................. Los Angeles Co Sheriff’s Scientific Service, Downey, CA Samuelson, Leland .......... OR State Police Lab, Portland, OR Schreiber, Libby .............. CA DOJ Lab, Ripon, CA Scott, Matthew ................. OK City PD Crime Lab, Oklahoma City, OK Spas, Brandy .................... CA DOJ Chico Lab, Chico, CA Thornton, Debra .............. Health Canada Health Protection Branch, Dartmouth, NS Canada Todsen, William .............. Texas DPS Crime Lab, El Paso, TX Vona, Matthew ................ CA DOJ, Ripon, CA Wiese, Hendrik ................ So. African Police Service, Piketberg - So. Africa Witkowski, David ............ Las Vegas PD Forensic Lab, Las Vegas, NV Youngkin, Chris .............. Texas DPS, Garland TX

LAB SEIZURES METH LAB AND BOMB FACTORY SEIZED NEAR WATSONVILLE, CA On August 13, 1999, Criminalist Lara Walker and Senior Criminalist Julie Doerr responded to a clandestine laboratory where methamphetamine manufacturing equipment using the ephedrine/hydriodic acid method and bomb making material were present. Aside from the pipe bombs, the laboratory was unique do to the intelligence of the cook (considering his minimal educational background) as well as his careful organization and extreme neatness of his laboratory area. All chemicals, whether or not they were homemade, had homemade computer generated labels, with hazards noted, attached to the bottles. The majority of the laboratory was located in a small room which contained cabinets and drawers full of labeled chemicals and pristine glassware. He also had a gas line for a Bunsen burner attached to his gas water heater and a pressurized tank used for a vacuum pump. The methamphetamine he produced was in a relatively small quantity, however it had the appearance of pure white crystals. The suspect was also making holograms and had

VOLUME 9 NUMBER 4 — OCTOBER 1999

chemicals and material present which was unrelated to explosives or methamphetamine manufacture. His “laboratory” also contained chemistry books, drying racks for his glassware, and a lab coat with his name on it. In addition to explosives chemicals, equipment, and clandestine methamphetamine laboratory material, the suspect also possessed 2 assault rifles, possible silencers, and a used rocket launcher tube. He is currently being held on 1,000,000 dollars bail. Lara Walker and Julie Doerr CA DOJ Crime Laboratory – Watsonville, CA

UNKNOWN CHEMICAL EXPOSURE INJURES LATENT PRINT EXAMINERS Found in this laboratory were four bubbling 22 L reaction flasks inside a large garage/shop. The flasks were vented into ice using rubber hoses. The hoses were left on the vessels during the entire incident. Initial readings using a Toxi-RAE showed

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

PAGE 3

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Table 1:

Ephedrine HCl & Pseudoephedrine HCl Brands Encountered In Clandestine Precursor Extraction and Methamphetamine Manufacturing Laboratories In Stanislaus County, California. Brand Name

Dosage

Count

Mfg/Dist

City

State

mg/tab

tab/bottle

Alert Brand Pseudoephedrine HCl

60

1000

MA Products (Pseudo)

Myrtle Beach

SC

Bolt Pseudoephedrine

60

50

D&E Pharmaceuticals

Bloomingdale

NJ

Ephedrine HCl

25

1000

MA Products

Myrtle Beach

SC

Ephrin Release

60

60

M&K OTCs

Bohemia

NY

Extra Strength Pseudoephedrine HCl

60

100

Neil Laboratories

East Windsor

NJ

Front Kick

60

120

Swan Trading Corp

Syosset

NY

Heads Up Pseudo 60’s

60

60

PDK Labs

Hauppauge

NY

Hista Tabs

60

100

Western Family Foods

Portland

OR

IPG-PSEUDORIN

60

1000

Interpharma

Toronto

Canada

Max Brand Pseudo 60s

60

60

Compare Generiks

Hauppauge

NY

Mini Pseudo

60

60

BDI Pharmaceuticals

Indianapolis

IN

Pseudo Efedrin

60

Hammer Corp, The

Atlanta

GA

Pseudo Thin

60

60

Harvest Time

Bloomfield

CT

Pseudoephedrine

60

120

A.J. Best

Atlanta

GA

Pseudoephedrine HCl

60

60

Auburn Pharmaceutical

Troy

MI

Pseudoephedrine HCl

60

1000

Contract Pharmacal Corp Hauppauge

NY

Pseudoephedrine HCl

60

1000

Geneva

Broomfield

CO

Pseudoephedrine HCl

60

100

Geneva

Broomfield

CO

Pseudoephedrine HCl

60

60

Interstate Vitamins

Boca Raton

FL

Pseudoephedrine HCl

60

1000

URL

Bensalem

PA

Real Ease

60

120

Twins Wholesale

Unk

Unk

Revive

60

100

NVE Pharmaceuticals

Newton

NJ

Sinus Plus

60

1000

Energy Extra

Santa Ana

CA

Sudogest

60

100

Major Pharmaceuticals

Livonia

MI

Top Form PseudoEphedrine

60

120

Top Form Brands

Englewood

CO

Xtreme Relief

60

60

Oklatex Mktg.

Sapulpa

OK

Zolzina Pseudoephedrine HCl

60

125

Auburn Pharmaceutical

Troy

MI

0.3 ppm of phosphine gas near the vessels. After venting, 2 Toxi-RAE ‘s were placed inside the building: one directly next to the vessels and one at the exit door in the flow of the ventilation fans. The Toxi-RAE ‘s did not detect any more phosphine gas. The latent print personnel went into the lab area in level “D” protection. They were attempting to retrieve latent prints from the reaction vessels and after a few minutes complained of coughing and sore throats. One latent print examiner immediately went to the hospital and the second went a few minutes later. Air measurements were taken again, using a Drager tube in the area of the ice buckets, directly over the neck of the 22 L reaction flasks and downwind of the vessels. The drager tube showed no

PAGE 4

detectable amounts of phosphine gas in any of the testing locations. At the emergency room, the doctor examined them and said that they would not have any long term effects and sent them home. It turns out that this should not have been done. The Center for Disease Control recommends at least a 24 hour observation period after exposure to phosphine gas. One of the latent print personnel has fully recovered. The second is still experiencing health problems. I have some doubt that this incident resulted from exposure to phosphine gas because phosphine had not been detected for at least two hours before the print personnel entered the lab and was

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 4 — OCTOBER 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION never detected again, even though we used three different measuring devices. There could have been an exposure to acid vapors which started the coughing but no attempt was made to test for acid vapors. The room was under continuous ventilation using two large fire/smoke fans and it would have been hard for acid gas vapors to gather in sufficient concentrations to injury someone. Both print persons were lab certified and had been to several labs prior to this incident. Ron Gravitt CA Bureau of Narcotics – Los Angeles, CA

EPHEDRINE/PSEUDOEPHEDRINE TABLET SUPPLIERS ENCOUNTERED IN STANISLAUS COUNTY CLANDESTINE LABORATORY OPERATIONS In 1994, agents from the Stanislaus (CA) Drug Enforcement Agency saw a sharp increase in the use of ephedrine HCl tablets as source for ephedrine in the manufacture of methamphetamine. Two known Mexican National drug organizations were receiving bulk shipments of the precursor from MA Products, Myrtle Beach, SC. The ephedrine was being shipped by a common carrier from South Carolina and Florida to several different cities in Texas. It was repackaged in plain boxes and shipped via the same carrier to various locations in California, including Stanislaus County. In late 1995, the 60 mg pseudoephedrine HCl tablets replaced 25 mg ephedrine HCl tablets as the precursor of choice for those involved in large scale manufacture of methamphetamine. Pseudoephedrine tablets are available in our area and currently sell for approximately $1,500 per case (60 mg/60 ct/144 bottles) on the black market. I have included a table listing the products and the manufacturers/distributors of those products that we commonly encounter at lab dumps and clandestine laboratories in our area. All of the products listed in the table contain the hydrochloride salt of ephedrine or pseudoephedrine. The Hista Tab brand also contains tripolidine HCl and is not very common in our area. In some of our smaller “user labs” (aka Beavis and Butthead labs), we have encountered common over-the-counter medications such as Sudafed and Actifed. Although we have uncovered more of these smaller labs this year, their combined production is less than that of one “Mexican National” lab.

HYDROGEN CHLORIDE GENERATORS During the month of October, we began encountering hydrogen chloride generators made using oxygen gas cylinders. The valves had been removed, and the cylinders were filled with rock salt and sulfuric acid. The valves were then reattached, and the apparatus was then used just like a standard HCl cylinder. There are two clues which might help you to identify reused bottles like these: First, oxygen is not a reactant needed for the synthesis methamphetamine in laboratories commonly found in the Central Valley of California. Second, the cylinders are extremely heavy due to their contents.

To date, we have seized five hydrogen chloride generators of this type. The first one we encountered was heavily corroded and began leaking as the lab containing it was being dismantled. Obviously, this created a hazardous situation. Fortunately, the waste handlers were able to mitigate the situation and no one was injured. Bruce Johnston Stanislaus Drug Enforcement Agency – Modesto, CA

Bruce Johnston Stanislaus Drug Enforcement Agency – Modesto, CA

VOLUME 9 NUMBER 4 — OCTOBER 1999

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

PAGE 5

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VIABILITY OF ETHYLENEDIAMINE AS A SUBSTITUTE FROM LIQUID AMMONIA The following was copied from the alt.drug.chemistry newsgroup. “[email protected] wrote: in the birch reduction of ephedrine it states that methanol is used to limit side reactions and the THF is only for miscibility. Could methanol be used as the sole solvent in the reaction or maybe a similar solvent to THF? You really can’t get around using THF in the birch reduction, but you can get around using condensed NH3... How could we limit the use of gaseous ammonium somehow. It does not seem very possible other than to some how twist in ammonium hydroxide. Any suggestions would be appreciated. Look to Ethylenediamine as a substitute for NH3. A reliable source tells me that 100 g of Ethylenediamine will dissolve around 10 g Li, and the reaction reduces ~7 g Ephedrine/g Li, but can go as high as 12 g of Ephedrine/g Li if you’ve got snazzy lab technique, and add heat to the reaction (10-20C above room temperature). The nice reliable source also says that like all birch eductions, everything must be anhydrous.— Matthew; Kinetic Pharmaceuticals.——————chem-hack Extraordinaire——————.| irc: sasha@efnet pgp: DSS:0x02FA9072 || mail: [email protected] .%PLUR%.” I wanted to empirically confirm that the substitution of ammonia by ethylenediamine would produce methamphetamine. I combined pseudoephedrine, ethylenediamine and sodium metal in a covered (not sealed) vessel and allowed the solution to react. After approximately 20 minutes, I added water to the solution to remove excess sodium and then extracted it with hexane. A GC/MS analysis confirmed the presence of methamphetamine, pseudoephedrine, and the tentatively named compound (S)-N-methyl-1-(1-(1,4-cyclohexadienyl))-2-propanamine which is the by-product previously discussed in the CLIC Journal, Volume 7 Number 2 – April 1997. Mike Barnes Oregon State Police – Central Point, OR

UNUSUAL METHAMPHETAMINE LABORATORY On 4/1/99, I arrived at a suspected methamphetamine laboratory in the city of Armpitt, California, where an unusual synthesis could have taken place. The suspect was barbecuing chicken in the back yard near a swimming pool when the narcotic officers arrived and upon investigation, revealed the suspect had no finished product. Actually, there were no obvious precursors present, either.

PAGE 6

The guy, however, looked suspicious and since he was busted near the BBQ area, a bag of charcoal was immediately suspect. Upon my arrival, I was asked if charcoal could be used to make methamphetamine and although it would be difficult, I admitted that meth does contain a lot of carbon atoms and that’s basically what charcoal is - carbon. Theoretically, charcoal could be the precursor of a precursor of a precursor of a precursor, etc. If the crankster was using this approach, I reasoned, he would also need lots of hydrogen as well. Any chemist worth his/her sodium chloride knows that water is actually H2O and H2O has lots of hydrogen in it. This guy had a pool full of water. Note that the BBQ was situated 87.3 cm from the pool. Also needed would be nitrogen, of which the air contains about 80% or so. The back yard was surrounded by air. A sample was taken for analysis. Finally, chloride would be required for the salt version of the final product. Although there was no pool acid present, a considerable amount of table salt (sodium chloride) was found near some cobs of corn in a salt shaker device in the kitchen area as well as an additional amount in an ice cream maker. Note that small children were near the ice cream maker, which was actively processing ice cream, when agents arrived. Other items consistent with clandestine drug manufacture included coffee filters and a turkey baster (found in the kitchen), duct tape and a dart board (found in the garage), and a 1982 May issue of Playboy magazine, featuring Kathy ‘Bubbles’ Tortinni, found in the attic. Limiting reagent turned out to be the charcoal, and if the 5 lb bag as well as the carbon formed from the chicken (which ended up being burnt) were fully converted to meth at 100% yields, we were looking at 6 or 7 lb of final product. Overall reaction goes something like this: 10C + 8H2 + ½ N2 + NaCl ———> Methamphetamine HCl + Na The suspect has been in custody for the past 10 months while we figure out a confirmatory test for carbon, nitrogen, hydrogen, and chloride. Mark Traughber, BSc (without honors) CA DOJ BFS Laboratory – Riverside, CA

“BOTTLED POP” METH PROCEDURE DESCRIBED The following methamphetamine synthesis was disclosed by an informant from the Portland, OR, area. Due to the means of monitoring the reaction by listening for the reaction bottles to burst under pressure in a sealed container, investigators are urged to use caution when opening suspicious containers. As with any and all information obtained from confidential informants, the information provided below represents the views and opinions of a clandestine chemist with little or no formal chemistry training.

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 4 — OCTOBER 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION The “Bottle Pop” method has the same results (d-methamphetamine HCl) as the traditional reflux method of cooking. The cook time, however, is greatly reduced and the yield is higher. Step 1: HI = 1 lb iodine + 260 ml H20 / ice (control exothermicity) + 45 g Red P Pseudoephedrine mix = 1 lb pseudoephedrine + ¼lb Red P Step 2: In beer bottle with pressure cap, add pseudoephedrine mix and HI 225 g pseudoephedrine mix + 4 to 6 oz HI (6 oz. = faster reaction) Using innertube material as gasket, seal the bottle with pressure cap. Step 3: a. Place prepared bottles in pressure vessel (CO2 container or pressurized pop container) b. Add H2O to the container to a level about ¼ inch above the bottles c. Heat the pop container without pressure lid until H2O steam is present d. Lock pressure lid into place e. Continue heating until pressure escapes through the pressure release valve f. Close off the pressure release valve and turn the heat to low g. Wait unitl you hear the first bottle pop, then remove the heat h. Count the number of pops until all have popped i. The cook is finished. Total time from initiation of heating to finish = 20-30 minutes Step 4: a. Let the cook solution cool for a minium of 6-12 hours. The longer its cooled the higher the yield b. Filter the cook through 100% cotton sheet into a 5 gallon bucket c. Add solvent (starting to use mineral spirits in place of ether - less odor) d. Add NaOH and stir. Bring pH to 14 e. “Pull off” the solvent layer f. Repeat this process three times g. Yield 80-90%. Final quantitative yield = 6 oz./bottle Step 5: a. Drop crystals with muriatic acid. Forms large crystals. Clean product.

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Notes: 1. Cooks are using methanol in place of other solvents in separating binder from tablets. After ephedrine is separated, they will wash it with acetone to clean it up. This does not deteriorate the ephedrine. 2. The red tablets are the best with regard to greatest separation potential. 3. Current prices: a. Red P = $300/lb b. Iodine = $300/lb c. Pseudoephedrine = $2400 – 3200/case of 100 count. Usually get 2 lb from a case Debbie Podkwa Drug Enforcement Administration – Portland, OR

SUSPECTED METHAMPHETAMINE RECIPE FROM SPRINGFIELD, MO Chemicals and Materials: One gallon glass jar turkey baster pH paper (litmus) lye aluminum foil hydrochloric acid 2½” PVC pipe (10” long) 5 gallon bucket glass jar wooden spoon syringe (1 cc) distilled water buffalo nickel rock salt valve stem (stainless steel) ephedrine hydrochloride Pyrex dish coffee filters Gerber baby jars ½ pint of vodka sulfuric acid surgical tubing 2 bags ice Procedure Take PVC pipe, put cap on one end, thread pipe on other end or use fitting for cap. Drill cap, put valve stem in cap, make sure it seals. Hydrogenizer. Step 1: Take 500-600 ml sudafed. Crush them up, will make 30 grams of product. 1000 ml of ephedrine makes 1 gram of product. Crush up pills, fill 1 gallon glass jar ¾ full of distilled

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION water, add 200 grams of lye, swirl water and dump in pills. Let come to stop and settle. Binders will go to top. Pull off oil using turkey baster and put in baby jar. Step 2: Cut foil into one inch squares. 40 grams of foil twisted squares. File buffalo nickel, take two and half grams of filings. Step 3: Put oil in tube and add foil and nickel. Add 50 grams of lye, dump in ½ pint vodka. Vodka should be put into jar first. Must go in fast due to it starts flashing. Put lid on quickly!!! Shake hard, tube will be hot quick, so ram tube in ice water (5 gallon bucket). Let off pressure with valve stem. Use attachments to make sure pressure gets off fast. Shake and cool the tube at least 10 times or until there is no pressure. Take lid off tube and strain thru coffee filters into Pyrex dish. Step 4: Put 2 grams rock salt and 2 grams sulfuric acid in glass tube or PVC tube. Shake, leave surgical tubing ½ way down in tube just so it gets gas. Drug tubing around in liquid in Pyrex. When bubbles come up and break and smoke, it is done. Take pH paper and check product. Between 5 and 7 is excellent. If it is to low take 1 cc syringe and add drops of hydrochloric acid. Stir with wooden spoon. Check pH, let sit until crystallized. Do not use metal spoon to stir, always use wooden. Don’t let it get dirty when filtering. Make sure it stays a clear liquid.

METHAMPHETAMINE REPORT FOR SPRINGFIELD, MISSOURI Over the past six to eight months, southwest Missouri, particularly the Springfield area, has seen a gradual decrease in the number of illicit labs submitted for analysis. Reports from field agents and street officers indicate that cooks have abandoned popular urban sites and fled to outlying rural areas. Law enforcement efforts and acute public awareness of the methamphetamine lab problem have both contributed to a growing hostile environment for cooks within the Springfield area. When seized, the majority of the labs are capable of only small, personal use production. The most popular method by far is still the Birch reduction, but the HI/Red P method is still present in about 20-25% of the labs. Impurity analysis of submitted samples parallel the lab profile in that almost 75% of samples originated from a Birch reduction lab. Recently two samples submitted for analysis contained impurities common to the phenyl-2-propanone synthesis route (α-benzyl-N-methylphenethylamine). This is the first time in recent memory that this means of synthesis has been detected in the Springfield, MO area. Locally, a major retail chain store has pulled all pseudoephedrine products and lithium batteries from the shelves. Customers must now either ask the pharmacist for cold medication or seek a store clerk for battery purchases. The store has also set a maximum number of boxes allowed for individual purchasing. For the past couple of years, the drug of choice has been methamphetamine. Rarely was cocaine submitted except from visiting college students. However, recent trends suggest that

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cocaine is becoming more and more popular. The number of methamphetamine samples submitted for analysis has remained relatively the same with cocaine samples gradually on the rise. Jeremy Morris MO State Highway Patrol Laboratory – Springfield, MO

WHITE PHOSPHORUS USED IN POCATELLO, ID The Idaho State Police Forensic Services laboratory in Pocatello is continuing to see white phosphorus utilized in clandestine methamphetamine labs. The high-grade white phosphorus is not seen as often as the lower-grade slag or “sludge.” The clandestine cooks are refining the sludge through a simple process of heating, skimming the impurities off the top and collecting the bottom layer of phosphorus. This process can be repeated a number of times to obtain a higher-quality phosphorus. In addition, iodine crystals and prill are almost never found at lab sites. The cooks have been using liquid iodine with methanol and hydrogen peroxide to form the iodine crystals. Recently, anti-freeze has been found with liquid iodine, apparently as a new way to form iodine crystals. Rachel Farnsworth ID State Police Forensic Lab – Meridian, ID

PYRIDINE REDUCTION LAB FOUND IN RIVERSIDE Personnel from the Riverside Laboratory responded to a suspected phencyclidine laboratory. Items noted at the scene included a hydrogenator, hydrogen cylinders and several unlabeled liquids. Some of the liquids contained black solid. Approximately five ounces of phencyclidine was recovered from the scene. Analysis of the collected samples indicated a pyridine conversion laboratory. Samples included pyridine and piperidine. A methanol wash of the hydrogenator contained ruthenium and piperidine. This is the first laboratory of this type seen by the Riverside Lab. Kristen Rager CA DOJ Crime Lab - Riverside, CA

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION BENZYLPIPERAZINE AND PHENYLPIPERAZINES FOUND IN EXHIBITS The Virginia Division of Forensic Science Laboratory in Richmond encountered a small screw top glass vial containing about 0.6 grams of powder containing benzylpiperazine in July 1999. The vial was similar to ones being used to hold ketamine. The previous month, a co-worker examined two clear capsules with a semi-solid residue recovered in a search warrant. This material was identified as containing benzylpiperazine, 3-chlorophenylpiperazine and 4-methoxyphenylpiperazine. The identifications of the phenylpiperazines were by comparison of spectra published and presented by R. Ely and J. Aunan at the 9th Annual CLIC meeting in Toronto, ON [refer to technical paper abstracts]. Melanie T. Byers VA Division of Forensic Science – Richmond, VA

DENVER PD LAB FINDS SOPHISTICATED LAB In June of 1999, chemist of the Denver Police Crime Lab responded to a methamphetamine lab at a residential duplex unit.

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The basement of each unit was the site of a very complex, sophisticated lab and each lab was connected by a secret tunnel passageway. The subject also have a very elaborate surveillance system with video cameras at all entrances to homes and high quality monitors in the basements. The cook was using the iodine/hypophosphorus acid method. The interesting point of this lab is the cook was distilling his meth oil and producing a final product that was 90–95% pure. No solvent extraction was being used. The cook was at large in the Denver metro area for several weeks. During this time, a second meth lab was busted in an outlying; however, a responding team (not Denver Police chemists) determined that a lab was not present due to the lack of solvents. The cook was finally apprehended in late July, once again cooking methamphetamine clandestinely at the original duplex. Denver is starting to see a lot more activity. Other than one boxed Nazi-method lab seized in mid-April, the Denver Crim lab has been investigating clan labs that are primarily using the iodine/hypophosphorus acid method. Most of our seuzres are either boxed or the remnants of a cold lab. In one instance, we had an individual who was doing only the ephedrine extraction and then passing on the product to another party. M. Jennifer Kimmet Denver Police Department Crime Laboratory – Denver, CO

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ABSTRACTS OF PAPERS PRESENTED AT THE 1999 TECHNICAL TRAINING SEMINAR Phenethylamine Synthesis via Hydriodic Acid/Red Phosphorus Reduction of β-Hydroxyphenethylamine Harry F. Skinner* and Scott Oulton DEA – Southwest Lab San Diego, CA, USA Clandestine methamphetamine laboratories are prevalent in the United States. The current synthesis route of choice in southern California is the reduction of ephedrine or pseudoephedrine with hydriodic acid and red phosphorus. Phenethylamine has been discovered in methamphetamine samples and in some cases the only substance identified. This current trend has raised questions as to how it was added or manufactured. The reductive properties of hydriodic acid and red phosphorus have been recognized for many years. Hydriodic acid and red phosphorus can be used to reduce alcohols. Utilizing this principle, β-hydroxyphenethylamine was reacted with hydriodic acid and red phosphorus to subsequently form and identify any by-products produced. The identification of these by-products in the manufacture of phenethylamine would assist the analyst in explaining the appearance of phenethylamine in methamphetamine samples. Reaction Byproducts of Common Cold Tablet Ingredients via Hydriodic Acid/Red Phosphorus Scott Oulton* and Harry F. Skinner DEA Southwest Lab San Diego, CA, USA Due to increased restrictions on obtaining bulk methamphetamine precursors, ephedrine and pseudoephedrine, most clandestine laboratory operators are utilizing common cold tablet preparations. These cold tablet preparations contain ephedrine or pseudoephedrine and other ingredients such as cough suppressants, analgesics, expectorants and antihistamines. These common ingredients include: acetaminophen, chlorpheniramine, dextromethorphan, diphenhydramine, doxylamine, guaifenesin, and triprolidine. Depending upon the isolation procedure of the clandestine operator, these compounds may be present in the reaction mixtures and subsequently produce other byproducts. Hydriodic acid and red phosphorus can be used to reduce alcohols and double bonds, as well as cleave ether linkages. With these concepts in mind, each of the commonly encountered ingredients was reacted with hydriodic acid and red phosphorus to subsequently form any byproducts. The identification of these byproducts in clandestine methamphetamine laboratories would assist the analyst in determining which cold tablet preparation

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was used as the precursor source. The presence of these compounds in clandestine laboratory exhibits will depend upon the method of precursor extraction as well as the extent of the cooking process. The detection of the compounds will also depend upon the extraction method utilized at the clandestine laboratory. The detection of these products will assist the analyst in determining the initial starting cold tablet preparation used in the manufacture of methamphetamine. Internet Trafficking of Precursor and Reagent Chemicals: A Real Problem for Law Enforcement Tim McKibben DEA - Special Testing and Research Lab McLean, VA, USA The Internet has fast become the market place of the future. Unfortunately, that marketplace also includes the sale of chemicals used to manufacture illicit drugs. For several years, chemical bulletin boards have been popular sites for the advertisement, sale, and brokering of precursor chemicals. These sales often go on without law enforcement’s knowledge. The sale and procurement of these chemicals over the Internet is highly desirable to the criminal due to the ease of transaction, anonymity of the buyer and seller, and the 24 hour availability of chemicals. /this presentation will expose the forensic chemist and law enforcement investigator to previous chemical transactions, and introduce methods used to determine whether an order is suspicious. Additionally, some information will be given concerning known “drug” web sites, which can offer “information” to the chemist or investigator involved in illicit drug manufacturing cases. The Chemistry Used in Clandestine Laboratories (Sometimes) Richard Laing Health Canada Burnaby, BC, Canada Investigating clandestine laboratories at times can prove challenging. An investigating chemist is interested in building a case on the manufacture of an illicit drug from various analytical information including the identification of: precursors, waste and by-products, finished product and traces of all the above found in or on contaminated equipment. Occasionally a new or previously unseen reaction or an old reaction that did not work but apparently retained by the underground chemist, or “cook”, is encountered. The novelty of such finds and the lack of their understanding can diminish the impact of chemist’s expert opinion in court. Therefore the chemist must try to recreate what

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION the “cook” did or did not do in order to try to understand the reaction sequence. To further complicate matters a “cook” can stockpile numerous chemicals which are unrelated to the main reaction but could be reacted with the precursor in question. An example being ephedrine or pseudoephedrine which commonly is reduced to methamphetamine via a reaction of red phosphorous and hydriodic acid. However, these precursors could be derivitized using thionyl chloride and then hydrogenated to produce methamphetamine or they could be oxidized to methcathinone using a chromate salt or chromium trioxide. The latest fad reaction also reduces ephedrine and is colloquially referred as the “Nazi” method. And if the cook has all these chemicals present what reaction is he performing? The answer quite often is in the byproducts. This paper discusses the chemistry used (sometimes) and by-product formation of various reactions found in clandestine laboratories in the manufacture of methamphetamine, MDA and MDMA, LSD and others with examples of related clandestine laboratory seizures. ∆ -8-Tetrahydocannabinol Trideutromethyl Ether: Synthesis, Purification, and Use as a Structurally-Related Internal Standard for the Analysis of Suspected “Hemp” Products Tim McKibben* and Donald Cooper DEA – Special Testing and Research Lab McLean, VA, USA The proliferation of “hemp” derived products, the passage of state legislation in Arizona and California concerning the dispensing of marijuana cigarettes, and the resurgence of the marijuana legalization movement has placed an ever increasing burden on the forensic laboratory to analyze non-traditional marijuana/cannabis related exhibits. The DEA Special Testing Laboratory has received many exhibits of suspected “hemp” derived products. Because the presence of certain cannabinoids is a violation of the Controlled Substances Act, this laboratory is required to analyze such exhibits. These “hemp” products range from candy bars and beer to shampoo and oils. The wide variety of sample matrixes requires a wide variety of extraction, isolation, and purification techniques. To assist in the analysis of some of these diverse products, an appropriate structurally related internal standard was developed. The synthesis and use of ∆-8-tetrahydrocannabinol trideuteromethyl ether is presented along with the advantages and disadvantages of this particular internal standard. dl-2-Chloro-4,5-Methylenedioxymethamphetamine Hydrochloride: The Isolation, Identification, and Synthesis Of A New MDMA Analog Tim McKibben* and Jason Bethea DEA – Special Testing and Research Lab McLean, VA, USA During the fall of 1998, a new unknown component was being

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encountered in suspected MDMA tablets. These encounters continued into 1999 with seizures in Florida, Louisiana, Colorado, Illinois, and a recent, unconfirmed seizure in New York. This led to inquiries at the DEA Special Testing Laboratory concerning the identification and origin of this unknown component. Preliminary identification of the component was given as a chlorinated MDMA compound. Case samples were received and the active component isolated and identified as dl-2-chloro-4,5MDMA hydrochloride. A drug standard was then synthesized and purified so positive identification of the unknown could be made. This presentation describes the methods used to isolate and identify that unknown component. Analytical data such as GC-MS, FTIR, NMR, GC-IRD, color tests, crystal tests, and melting point are presented. Finally the synthesis of the standard and the possible synthetic route of the unknown will be discussed including impurities found in the exhibits tested. The Canadian Clandestine Laboratory Training Manual Richard Laing*, John Hugel, Pierre McMurray, Franca Berladine Health Canada Burnaby, BC, Canada In Canada the analysis of illicit drugs falls under the jurisdiction of Health Canada. As such, a laboratory system of six regional labs comprises the Bureau of Drug Analysis Service (BDAS). The Montreal, Toronto and Vancouver laboratories provide a service for clandestine laboratory investigations. This service is not only comprised of an investigational component, namely seizure and analysis, but also an educational component comprised of teaching and training of police, fire and medical first responders as well as various levels of training for drug section investigators. BDAS provides training at the local, provincial and federal levels. The Canadian Clandestine Laboratory Training Manual was a project undertaken with the expectation that the training provided in each region would have the same reference point and which would describe all levels of clandestine laboratory activity nationally with an emphasis the health and safety issues. An Exit Interview with Nicholas Sand Richard Laing* and Cpl. Doug Culver Health Canada Burnaby, BC, Canada In the fall of 1996 a large LSD clandestine laboratory was seized by the Vancouver RCMP in a suburb of Vancouver, British Columbia. At the centre of this organization was Nicholas Sand who built the lab, organized the acquisition of the chemicals and manufactured large quantities of LSD, DMT, MDA and MDMA and other controlled drugs. Sand was an American fugitive who fled authorities during an appeal process in which he had been convicted of LSD manufacturing in California and sentenced to 15 years. He then travelled covertly through

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Mexico, Canada, and the United States for 22 years prior to his arrest in Vancouver. After his conviction in Canada he was extradited to the United States on May 28, 1998. On the day of his extradition he agreed to an interview regarding his clandestine career and the techniques he employed with the understanding of legal immunity and the non-disclosure of the identity of associates. This talk will present an introspect into the life and times of Nicholas Sand. Chemical Diversion in Canada Cpl. Doug Culver Greater Vancouver Drug Section Royal Canadian Mounted Police Vancouver, BC, Canada In May 1997 Canada adopted the Controlled Drugs and Substances Act, replacing the Narcotic Control Act and portions of the Food and Drugs Act. This was the first legislation that addressed the need to control precursor chemicals. To further enhance this legislation, law enforcement authorities developed a programme to work in conjunction with the chemical industry to stem the diversion of precursor chemicals used in the production of illicit drugs. This presentation will also include techniques used in clandestine laboratory investigations and Canadian case law with respect to enforcement, prosecution and sentencing of parties involved in these types of operations. “Legal” Drugs And Precursors: Background Information On New Uncontrolled Phenethylamine Analogs And Old Controlled Precursors In Disguise From The Netherlands Anneke Poortman Forensic Science Laboratory Ministry of Justice The Netherlands The ample majority of illicit tablets on the Dutch clandestine drug market contain the controlled substances MDMA or amphetamine. Over the years, uncontrolled phenethylamines like MBDB, N-hydroxy MDA and hydroxyamphetamine appeared and disappeared again. Recently three new analogs are seen on a large scale: 4-methylthioamphetamine (4-MTA), 2,5-dimethoxy-4-ethylthiophenethylamine (2C-T-2) and 2-chloro-4,5-methylenedioxymethamphetamine (Cl-MDMA). All three analogs are not controlled (yet) in the Netherlands. 4-MTA and 2C-T-2 are sold in so called ‘Smart shops’. Background information on tablets, the synthesis and recently discovered clandestine laboratories will be presented for 4-MTA and 2C-T-2. In the Netherlands, phenyl-2-propanone (P-2-P) and 3,4-methylenedioxyphenyl-2-propanone (MDP-2-P) are the most commonly used precursors in the synthesis of amphetamine and MDMA, respectively. Since 1995, P-2-P and MDP-2-P are controlled chemicals. Regulation of a precursor might result in the use of alternative synthetic routes that do not require controlled

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chemicals. Inventive illicit producers thought of a different approach for evading regulations. The surprising simple solution put into practice by clandestine drug producers will be presented. The Forensic Examination of Benzylpiperazine and Phenylpiperazine Homologs Jayne E. Aunan and Roger Ely* DEA Western Laboratory San Francisco, CA, USA A little over two years ago, an individual operating a chemical supply firm in Santa Barbara, California, noted a paragraph in the book “Phenethylamines I Have Known And Loved (PIHKAL)” (A. Shulgin and A. Shulgin, Transform Press, 1992) referring to the possible pharmacological activity of benzylpiperazine in man. Over the course of the next several months, this individual offered benzylpiperazine and several other ring-substituted phenylpiperazine homologs for sale via his World Wide Web site. In addition, this individual shared his personal experiences taking these substances, while thinly disguising the ingestion of these materials as “accidental,” using the Internet newsgroup alt.drugs.chemistry. In November of 1997, a sample of powder seized by a local Pennsylvania police department was examined by National Medical Services in Willow Grove, Pennsylvania, and identified as benzylpiperazine. Around this time, the chemical supplier and his girlfriend were arrested for assaulting an airline crew and the business folded. In May of 1999, the ESR, Ltd. Laboratory in Auckland, New Zealand reported the identification of 2-methoxyphenylpiperazine residues on filter papers seized by the NZ Customs Service. Tentative identification of the 2-methoxyphenylpiperazine was via a mass spectral library search. More recently, discussions in the Internet discussion group alt.drugs.chemistry suggest a renewed interest in these compounds. As such, analytical data for benzylpiperazine and its homologs are not readily available to the forensic community. The authors have examined benzylpiperazine and 6 other phenylpiperazine homologs using common color screening tests, thin-layer chromatography, infrared spectrophotometry, gas chromatography–mass spectrometry, and gas chromatography–infrared spectrophotometry. A booklet containing this analytical data will be provided to the attendee. United States Drug Control: Status of GHB and other Recent Scheduling Actions Christine A. Sannerud, Ph.D. Drug and Chemical Evaluation Section DEA, Office of Diversion Control Washington, DC, USA The Controlled Substances Act (CSA) is the legal foundation for the United States fight against the abuse of drugs and other substances. The CSA was passed to minimize the quantity of

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION abusable substances available to those likely to abuse them, while providing for legitimate medical, scientific and industrial needs for those substances in the United States. The Drug Enforcement Administration (DEA) is the agency within the Department of Justice primarily responsible for the administration and enforcement of the provisions of the CSA. The CSA places substances with a substantial potential for abuse into one of five schedules. Both legitimately produced drugs and clandestinely manufactured substances are included in the list of substances controlled under the CSA. This placement is based on the substance’s medical use, safety, potential for abuse, and/or dependence liability; Schedule I is the most restrictive and Schedule V is the least restrictive schedule. The eight factors considered in scheduling decisions are listed in Section 201(c) of the United States Controlled Substances Act (21 U.S.C. 811 (c)). The CSA, and its subsequent amendments, establishes several procedures for the control of substances, which create or have the potential to create significant abuse problems. Specific procedures to administratively control or decontrol substances under the CSA include (1) traditional administrative scheduling, (2) temporary (emergency) scheduling, (3) the scheduling of immediate precursors, (4) the controlled analogue provision, and (5) the control actions required by international treaty obligations. Additionally, Congress may add, delete or transfer substances under the CSA by legislative process. DEA is concerned with the abuse, trafficking, clandestine manufacture, diversion and public health risks associated with GHB. To date, DEA has identified over 5,500 reports of abuse, dependence, overdose, trafficking, and clandestine manufacture of GHB. The FDA has not approved GHB for medical use in the US. In 1990 and 1997, the FDA declared GHB unsafe and illicit, except under FDA-approved physician-supervised protocols. GHB is being researched under FDA-approved Investigational New Drug Applications (INDs) for possible development for the treatment of narcolepsy. Since there is an IND for GHB, the DEA cannot emergency schedule it under the CSA. GHB is not considered an analogue or precursor of a controlled substance. DEA is currently pursuing control of GHB using the administrative scheduling process, which is rather lengthy and often takes years to complete. Currently, Congress has introduced legislation to control GHB. To date, 27 states currently have acted to control GHB under state laws, but the number of GHB-related incidents remains severely under reported. DEA has recently completed scheduling actions with several other drugs, including butorphanol (Stadol), sibutramine (Meridia), modafinil (Provigil), dronabinol products (Marinol), ketamine (Ketalar, Ketaset), and zaleplon (Sonata).

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Microchemical Identification of Gamma-Hydroxybutyrate (GHB) Kevin M Andera, Hiram K. Evans*, and Catherine M. Wojcik San Bernardino County Sheriff’s Crime Lab San Bernardino, CA, USA Gamma-hydroxybutyrate (GHB) is a California Schedule II controlled substance, obligating criminalistics laboratories to provide conclusive identification of suspected samples. Unfortunately, impure samples, toxic chromatographic derivatization reagents, the extremely hygroscopic nature of GHB, and ease of re-conversion to the non-controlled gamma butyrolactone (GBL) precursor complicate the task. A microcrystal test reagent, 1% aq. cupric nitrate and silver nitrate (i.e., 0.1gm. Cu(NO3)2 and 0.1 gm. AgNO3 in 10 ml water) forms distinctive crystals with GHB in less than 5 minutes. The crystals with GHB are easily distinguishable from reagent crystals formed upon evaporation and the reagent does not form crystals with GBL. GHB solutions down to a concentration of 2 mg/ml form crystals and GHB/GBL mixtures can be analyzed after minimal cleanup with toluene. Reagent specificity was tested with over 25 compounds, including common controlled substances, controlled substances with biological effect similar to GHB (e.g. barbiturates and flunitrazepam) and alpha- and beta- hydroxybutyrate isomers. A blind trial of the Copper/Silver reagent against 10 unknowns resulted in 2 correctly identified as GHB, one GHB sample not identified as such, and no incorrect identifications. Microcrystal tests are a fast and reliable method for identifying suspected controlled substances. The addition of such a test for GHB will give laboratories greater flexibility in performing what can be a difficult analysis. The lack of false positives shows selectivity for GHB, avoiding the danger of misidentification. While there can be false negatives, the combination of this technique with instrumental data should allow for rapid, accurate identification of GHB Case Study: Clandestine Laboratory; Kansas City, MO Brian Maloney and Matthew Lightfoot* Kansas City P.D. Crime Lab Kansas City, MO, U.S.A. (Originally published by Brian Maloney in the C.L.I.C. Journal Volume 9. Number 1, pages 13-14, January 1, 1999.) September 8, 1998 a large and unusual (for the region) clandestine laboratory was seized. This clandestine laboratory had several unique features and capabilities. Highly effective concealment techniques included a hidden door and an unusual fume ventilation system. This lab was capable of producing multi-pound quantities of methamphetamine, phenylacetone, 3,4-MDA, 3,4-MDMA, and methaqualone. Having no formal education this suspect displayed an unexpectedly high level of sophistication in his synthetic schemes and method development skills.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Australian and New Zealand Drug Logos Database Michael Perkal Victoria Forensic Science Centre Melbourne, VIC, Australia The Victoria Forensic Science Centre sought and obtained a grant from the National Drug Crime Prevention Fund in 1993 to establish a database for illicit drugs bearing logos. Collection of data commenced from July 1993 and hard copy folders entitled “Illicit Drug Logos” that contained the details of designs and seizures, were distributed to Forensic Science Laboratories and Law Enforcement agencies throughout Australia, ESR in New Zealand and selected overseas organizations from January 1994. Updates have been circulated on a quarterly basis. Wall charts were prepared from scanned logos on the database in 1995 and 1997 by the Australian Bureau of Criminal Intelligence and distributed mainly to Law Enforcement bodies. Some were also supplied to Health authorities and schools. At present the database hods in excess of 340 logos comprising 21 different drugs. The hard data is now very bulky (3 volumes) and therefore a review is in progress to determine better ways to receive and distribute the data electronically. The Yield of Methamphetamine, Unreacted Precursor, and Birch By-Product with the Lithium-Ammonia Reduction Method as Used in Clandestine Laboratories Robin Woolery Iowa Division of Criminal Investigation Des Moines, IA, USA The lithium-ammonia reduction method for the manufacture of Methamphetamine is the predominant method in the Midwest, and Iowa in particular. This method id also known as the “Nazi” method. Due to both state law and Federal sentencing guidelines, the analyst is expected to project both past and potential production (yield) of methamphetamine by the clandestine laboratories that are seized. Samples taken from these laboratories consistently show the presence of three substances: methamphetamine, precursor (ephedrine or pseudoephedrine) and another compound with the mass spectral molecular ion of 150 amu, 1-(1,4-cyclohexyldienyl)-2-methylaminopropane (CMP). The relative amounts of these three components are found to differ from laboratory to laboratory with regional trends. The purpose of this investigation was to determine the range of yields to be expected, the efforts of changing certain variables in the process, and the relative amounts of methamphetamine, precursor, and CMP in the finished products.

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A Methcathinone Prac Vincent Murtagh1 and Peter Vallely2 Australian Government Analytical Labs1 Pymble, NSW, Australia Centre for Forensic Science2 Brisbane, QLD, Australia A recipe for what was assumed to be a drug had been circulating for some time. The instructions were sufficiently obscure that the end product was unknown. This presentation chronicles the events leading to its clarification and discusses some aspects of the synthesis. The Measurement of ∆9-Tetrahydrocannabinol in Hemp Plants and in Hemp Oil Franca J. Beraldin Health Canada Longueuil QC, Canada Hemp is harvested in Canada for the fiber from the plant stalk and the oil from the seeds. This fiber is widely used in rope, fabrics, paper, bank note paper; the oil is used to produce soap, food and is also known for its therapeutic effects (excellent source of essential fatty acids - linoleic and -linolenic acids). Hemp is a non-drug Cannabis Sativa L and has very low levels of ∆9- tetrahydrocannabinol, which is the main psychoactive substance, although other cannabinoids may still be present in considerable amounts. ∆9-THC is found in flowering tops, leaves, stalks at low levels less than 1%. Trace amounts of ∆9-THC have been detected in hemp seed oil, apparently from contamination of pressed seed by adherent resin or other plant material. Hemp Plant Mean recoveries Range Linearity

Hemp Oil

106.9%

95.2%

0.03% w/w to 2.7% w/w

1 to 300 ppm

0.9998

0.995

Minimum detection limit (MDL)

0.0073% w/w

0.007 ppm

Minimum quantitation limit (MQL)

0.0022% w/w

0.07 ppm

Health Canada developed the Industrial Hemp Regulations annexed to the Controlled Drugs and Substances Act (CDSA). Health Canada published a List of Approved Cultivars and only the approved varieties of industrial hemp seeds are planted. The Regulations stipulate that any derivative of seed or product made from that derivative cannot contain more than 10 ppm of ∆9-THC; any plant material cannot contain more than 0.3 % of ∆9-THC. Documents concerning Canadian requirements for hemp production can be found on Health Canada’s Internet site at the following address: http://www.hc-sc.gc.ca/hpb-dgps/therapeut In hemp plant, ∆9-THC content is extracted twice with toluene in an ultrasonic bath. The centrifuged extract is injected on a GC-FID and the quantitation is done by an internal standard

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VOLUME 9 NUMBER 4 — OCTOBER 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION method using lidocaine. For hemp oil , the oil is first saponified with ethanolic KOH, the ∆9-THC is extracted with ethyl ether/petroleum ether, methylated with iodomethane and analyzed on a GC-MSD using Single Ion Monitoring. The quantitation is done with an internal standard, meclofenamic acid, using the characteristic ions 285, 313, 328 of the D9-THC and 242, 309 of meclofenamic acid. Lysergic Acid Diethylamide (LSD) - Synthesis, Effects, and Analysis John Hugel and Richard Laing Health Canada Toronto, ON, Canada and Burnaby BC, Canada This three volume monograph is a compilation of articles regarding the synthesis, effects and analysis of lysergic acid diethylamide (LSD). The organization of the monograph, the format of the articles, the inclusion and exclusion of information are discussed. The synthesis section is divided into subsections that include articles that describe the synthesis of LSD from lysergic acid, obtaining lysergic acid from natural sources, synthesizing lysergic acid, and synthesizing related compounds. The chemistry of obtaining LSD from lysergic acid will be discussed in detail. Methods using azide, carbonyldiimidazole, phosgene or oxalyl chloride, mixed anhydride, phosphorus oxychloride, dicyclohexylcarbodiimide, and acetylenic ether are outlined. The effects section includes articles on the effects of LSD and is subdivided into articles on human experiences with the drug and non-human information. The analysis section includes articles on the analysis of LSD and was not subdivided. The analysis techniques described in the articles are discussed. Based on the limited experiences of the authors, tips and techniques on the investigation of LSD clandestine laboratories are discussed. Primary and secondary LSD clandestine laboratories are described. Additional care that must be taken at LSD clandestine laboratories is outlined. An example of the seizure of a sophisticated LSD clandestine laboratory will be described. Cannabis Extraction Laboratories John Hugel B.Sc.1 and Sgt Mark Pearson2 Health Canada1 Toronto, Ontario R.C.M. Police2 Kingston, Ontario In the province of Ontario, Canada the single most common chemical clandestine laboratory method is Cannabis extraction. In such laboratories marihuana is soaked in a solvent, the plant material is filtered or continuously extracted, and the filtrate is evaporated leaving dark green viscous oil. Usually the extraction makes use of buckets and pails readily available at hardware

VOLUME 9 NUMBER 4 — OCTOBER 1999

stores. In a few cases, the extraction is performed in an apparatus specifically designed for Cannabis extraction. The Cannabis oil is known on the street as pot oil, weed oil, and hash oil. In Canadian legislation, the oil is included in the entry “Cannabis resin” in the Controlled Drugs and Substances Act. Cannabis extraction laboratories, in addition to being the most common clandestine laboratory, have resulted in the most property damage and personal injuries of any type of laboratory. This has been caused by insufficient ventilation when evaporating solvent to obtain Cannabis resin from plant extracts. At the Canadian Police College, police officers are trained in the safe seizure of clandestine laboratories and marihuana grow operations. As part of the training, batches of marihuana have been extracted by different solvents using a modified, commercially available apparatus known as Iso-2. The extraction procedure involves refluxing the marihuana with solvent, continuously extracting the marihuana, and evaporating the solvent. The amount of ∆-9-tetrahydrocannabinol (THC) found in the marihuana and the produced resin has been measured. The data are inconsistent, but do reveal that more THC than predicted often occurs in produced resin. The less polar the solvent, the less Cannabis resin is obtained, although most if not all THC is extracted by the solvent. The reasons for these observations are discussed. MDMA Production 101 John Hugel Health Canada Toronto ON, Canada Recently, an MDMA laboratory was investigated by two police services with assistance from Health Canada. The principal was a university student who was producing MDMA in a graduate university laboratory in southern Ontario. The laboratory investigation from the chemist’s perspective is detailed in this presentation. A chronology of the investigation beginning with a phone call and ending with the debriefing of the accused is documented. The chemist’s involvement in the case is then outlined. The evidence, which was quite extensive, is discussed. The use of video surveillance is described. The chemistry undertaken by the accused, including his research into the reactions, is detailed. Preparation for court is described in light of the voluminous evidence. Testimony by the chemist is outlined. Debriefing of the accused is detailed. The chemistry that was performed; how he obtained precursors; how he obtained information; puzzling evidence; effects of drugs experienced by the accused; the drug subculture as seen by the accused; and drug distribution are all explained.

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PAGE 15

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Indoor Marihuana Cultivation Sgt. Mark W. Pearson R.C.M. Police Kingston, Ontario Since the early 1980s, marihuana cultivation has rapidly flourished in Canada, the United States and other parts of the world. Most of these countries have not traditionally been a source country, nor is the plant indigenous to these regions. However they have seen the illicit cultivation of marihuana thrive. This is a result of a combination of technology and the business of drug trafficking. As in legitimate business, supply and demand determine prices and subsequent profits. In the drug subculture, there is a demand for high quality drugs and users are willing to pay a premium price for the commodity. The purer the drug, the greater the effect and therefore the price for the drug is greater. With marihuana the psychoactive chemical is ∆-9-tetrahydrocannabinol (THC) and the greater the amount, the greater the effect the user will experience. Since the early 1980s, cultivators have been successful in increasing the amount of THC in marihuana by employing the latest technology in its cultivation. Marihuana, as all plants, require basic elements in order to grow. They require water, heat, light, nutrients and carbon dioxide. A plant grown outdoors is largely susceptible to nature where elements such as heat and light are uncontrollable and carbon dioxide is constant. Water and nutrients can be added, however the conditions will never be ideal. The outdoor plant therefore will not grow to its full potential including the maximum THC content the plant could be capable of producing. Illicit marihuana cultivators have turned to indoor cultivation where all the elements necessary can be controlled. The plant is

PAGE 16

given ideal conditions to grow and it will meet its maximum potential which includes both THC content and yield. A cultivator is able to control heat to ensure the plant is grown within an acceptable temperature range. Hydroponic techniques are utilized whereby nutrient enriched watering systems are employed which deliver a proper water and nutrient combination to the plant. Nutrient combinations can be adjusted at different stages of a plant’s growth. In addition, light can be supplied with the proper colour, intensity and exposure periods. Lights can be automated and adjusted to manipulate the plant to induce production of the flower (bud) where the greatest amount of THC is found. Carbon dioxide levels can be increased which results in rapid plant growth. By controlling the environment, the cultivator provides the optimum conditions for the plant to grow and it will reach its maximum potential. The plant is only limited by its genetic constitution. This restriction has been overcome by crossbreeding plants and improving genetics which have resulted in increased THC potentials. Marihuana in Canada ranged from 1% to 14% in Canada in 1986. This has increased to up to 29% THC. In the Netherlands, marihuana with a THC content as high as 30% has been analyzed by the Dutch Forensic Science Service. The increase in THC levels in marihuana allows the cultivator to command a high price for the product. This can range up to $4,000.00 per pound in Canada. The high profits and relative ease of cultivating marihuana has resulted in a tremendous increase in number cultivation operations in Canada as with other countries. It is expected that the supply will continue to increase so long as a demand for the drug is present and the sanctions for its cultivation remain lenient. Cultivators will also continue to utilize the latest technology in order to produce the highest quality possible and reap the subsequent profits for providing this drug.

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 4 — OCTOBER 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

THE SYNTHESIS OF 2,5-DIMETHOXY-4-ETHYLTHIOPHENETHYLAMINE (2C-T-2). A CASE REPORT ANNEKE J. POORTMAN - VAN DER MEER Forensic Science Laboratory Ministry of Justice Volmerlaan 17, 2288 GD Rijswijk The Netherlands

INTRODUCTION In December 1998 the Forensic Science Laboratory of the Netherlands was involved in an investigation of a suspected clandestine laboratory. At the location, a large number of different chemicals and chemical glassware were found and the laboratory operator also had a gas chromatograph at his disposal. Among the chemicals present were chlorosulfonic acid, zinc dust, KOH, ethyl bromide, phosphorus oxychloride, N-methylformanilide, nitromethane and lithium aluminum hydride (LAH). Chemical analysis of several liquid samples and some solids revealed the presence of intermediates and the final product of the synthesis of 2,5-dimethoxy-4-ethylthiophenethylamine (2C-T-2). The synthesis of 2C-T-2 is described by A. Shulgin and A. Shulgin [1]; their method for the preparation of 2C-T-2 is shown in Scheme 1. The chemicals found at the location and the analysis results were in agreement with the method as described by Shulgin and Shulgin. The analysis results of the case are presented in this paper. 2C-T-2 is not classified as an illegal substance in the Netherlands. Since 1997 we have seen white tablets with a ‘five branched cross’ that contain 2C-T-2 [2]. The tablets are sold in so called ‘Smart shops’ in packages of two. According to the “Instructions For Use” each tablet contains 8 mg of 2C-T-2.

EXPERIMENTAL Reference compounds 2,5-Dimethoxybenzene was obtained from Aldrich and 2,5-dimethoxythiophenol from Lancaster, England. 2,5-Dimethoxy-4-(ethylthio)benzaldehyde was isolated from a case sample; recrystallization with boiling methanol yielded pale yellow crystals. 2,5-Dimethoxy-4-ethylthio-ß-nitrostyrene was prepared from 2,5-dimethoxy-4-(ethylthio)benzaldehyde, nitromethane and n-butylamine. Orange-red crystals were formed overnight; the crystals were collected and washed with cold methanol. The hydrochloric salt of 2,5-dimethoxy-4-ethylthiophenethylamine was present at the clandestine laboratory as a clear white powder.

(1 mg/ml) and 1.0 µl was introduced into the GC-MS using a 12 m x 0.22 mm i.d. Hewlett Packard Ultra-1 column with a 0.25 µm film thickness. The split ratio was 50:1. The injector temperature was 275°C, the detector temperature 280°C and the oven temperature was programmed from 100°C with 10°C/min to 280°C. Infrared spectra were recorded on a Perkin Elmer Spectrum 1000 Fourier Transform Infrared Spectrometer, equipped with a Golden Gate Single Reflection Diamond ATR.

RESULTS

Although 2,5-dimethoxythiophenol (Fig. 1) is commercially available, several samples showed the presence of 1,4-dimethoxybenzene. This, in combination with the chemicals found at the ‘clandestine’ laboratory, makes it quite likely that the complete synthetic route as described in PIHKAL was used. Several case samples showed identical mass spectra and retention times as references 1,4-dimethoxybenzene and 2,5-dimethoxythiophenol. The 2,5-dimethoxy-4-(ethylthio)benzaldehyde is not commercially available; its mass spectrum is presented in Fig. 2. Comparison of the mass spectrum and retention time of some orange red residues collected from filter paper of a case sample yielded a similar mass spectrum and retention time as the prepared nitrostyrene intermediate (Fig. 3). The mass spectrum of 2,5-dimethoxy-4-ethylthiophenethylamine is presented in Fig. 4. Infrared spectra of the starting benzaldehyde, the nitrostyrene intermediate and the final product are presented in Fig. 5, 6 and 7, respectively. Three dimethoxyethylthiophenethylamine isomers are published in PIHKAL (2C-T-2, 3-TME and TE). The nitrostyrene route seems the most likely synthesis method for 2C-T-2 and isomers. None of the three starting isomeric benzaldehydes are commercially available. Of the three synthetic routes published in PIHKAL, the findings in the case presented match with the synthesis of 2C-T-2.

REFERENCES 1.

Instrumental The electron impact (EI) mass spectra were obtained using a Hewlett Packard 6890 gas chromatograph coupled to a 5973 mass selective detector. The samples were dissolved in methanol

VOLUME 9 NUMBER 4 — OCTOBER 1999

AND DISCUSSION

2.

A. Shulgin and A. Shulgin. PIHKAL: A Chemical Love Story. Transform Press, Berkeley, CA, 1991. J. Stall, “2,5-Dimethoxy-4-ethylthiophenethylamine”, Journal of the Clandestine Laboratory Investigating Chemists, 1999, 9 (1), 15 – 16.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

O O

Cl

S

O

O H2SO4

O

SO2(OH)Cl O

O

1,4-dimethoxybenzeen

SH

O

Zn

2,5-dimethoxybenzenesulfonylchloride

2,5-dimethoxythiophenol

H

CH3 O

KOH/ethanol

S

N

POCl3

+

C2H5Br

O

O

2,5-dimethoxyphenylethylsulfide

O

C

S

O

O

2,5-dimethoxy-4-(ethylthio)benzaldehyde

N-methylformanilide

O

O

CH3NO2

LAH

ammonium acetate

O

S

NO2

O

S

2,5-dimethoxy-4-ethylthio-ß-nitrostyrene

NH2

2,5-dimethoxy-4-ethylthiophenetylamine

Scheme 1. The synthesis of 2,5-dimethoxy-4-ethylthiophenethylamine Abundance Scan 692 (3.849 m in): 1901005.D 150000

155

130000

170

110000 90000 70000 50000

111 127

30000

39

10000

m /z-->

0

30

40

65

53 50

60

77 70

80

95

85 90

139

100 110 120 130 140 150 160 170

Figure 1. Mass spectrum of 2,5-dimethoxythiophenol

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 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 4 — OCTOBER 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Abundance

Scan 1763 (8.427 min): 1601001.D

226 70000 65000 60000 55000 50000 45000 40000 35000 30000 25000 20000 123 211 183 152 53 15000 95 109 85 69 139 168 10000 197 39 5000 0 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 m/z-->

Figure 2. Mass spectrum of 2,5-dimethoxy-4-(ethylthio)benzaldehyde Abundance Scan 2687 (12.376 min): 1701002.D

18000

269

16000 14000 12000 222

10000 8000 6000

59

4000 2000 0

m/z-->

77

45 40

60

121 133 147 91

80

108

100

120

140

165 179

160

194 208

180

200

237 254 220

240

260

Figure 3. Mass spectrum of 2,5-dimethoxy-4-ethylthio-ß-nitrostyrene Abundance

m/z-->

65000 60000 55000 50000 45000 40000 35000 30000 25000 20000 15000 10000 5000 0

Scan 1835 (8.832 min): 1801003.D

30

212

183 153

241

197 45 40

59 60

77 80

91

109 121 100

120

138 140

167 160

224 180

200

220

240

Figure 4. Mass spectrum of 2,5-dimethoxy-4-ethylthiophenethylamine

VOLUME 9 NUMBER 4 — OCTOBER 1999

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

9 0 .0 80 70 60 50 %T 40 30

671 1435 1144 1474

20

1257

1664 1590

1052 984

1196 1393

10

837 887

732

1029

0 .0 4 0 0 0 .0

3000

2000

1500

1000

6 5 0 .0

c m -1

Figure 5. IR spectrum of 2,5-dimethoxy-4-(ethylthio)benzaldehyde 8 0 .0

70

60

50

%T

40

30

1381 1613

20 1403

10

1594

1318 1286 1439 1337 1488

0 .0 4 0 0 0 .0

3000

2000

758 801 722

1061

1239

1500

966

1000

6 5 0 .0

c m -1

Figure 6. IR spectrum of 2,5-dimethoxy-4-ethylthio-ß-nitrostyrene 9 0 .0 80 70 60 1603

50 %T

40

736 1435 1391

30 2892

849 809

1489

20 10

1036 1204

0 .0 4 0 0 0 .0

3000

2000

cm -1

1500

1000

6 5 0 .0

Figure 7. IR spectrum of 2,5-dimethoxy-4-ethylthiophenethylamine HCl

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VOLUME 9 NUMBER 4 — OCTOBER 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

REACTION BYPRODUCTS OF COMMON COLD TABLET INGREDIENTS VIA HYDRIODIC ACID / RED PHOSPHORUS SCOTT R. OULTON, SR. FORENSIC CHEMIST, AND HARRY F. SKINNER, S.R FORENSIC CHEMIST Drug Enforcement Administration Southwest Laboratory

INTRODUCTION Clandestine methamphetamine laboratories are prevalent in the United States. The current synthesis route of choice in southern California is the reduction of ephedrine or pseudoephedrine with hydriodic acid and red phosphorus [1]. Due to increased restrictions on obtaining pure ephedrine or pseudoephedrine precursor, most clandestine laboratory operators are utilizing common cold tablet preparations [2, 3]. These cold tablet preparations contain ephedrine or pseudoephedrine and other ingredients such as cough suppressants, analgesics, expectorants and antihistamines. These common ingredients include: acetaminophen, chlorpheniramine, dextromethorphan, diphenhydramine, doxylamine, guaifenesin, and triprolidine. Depending upon the isolation procedure of the clandestine operator, these compounds may be present in the reaction mixtures and subsequently produce other byproducts. The reductive properties of hydriodic acid with red phosphorus (HI/Red P) have been recognized for many years. Red phosphorus is used to regenerate hydriodic acid from iodine formed during the reduction reaction. Hydriodic acid and red phosphorus can be used to reduce alcohols and double bonds, as well as cleave ether linkages. With these concepts in mind, each of the commonly encountered ingredients was reacted with hydriodic acid and red phosphorus to subsequently form any byproducts. The identification of these byproducts in clandestine methamphetamine laboratories would assist the analyst in determining which cold tablet preparation was used as the precursor source.

EXPERIMENTAL Reactions. 5 grams of each ingredient, 1 gram of red phosphorus and 30 ml of 57% hydriodic acid were refluxed (boiling point »120°C) separately in a round bottom flask fitted with a condenser. The reactions were monitored by removal of aliquots with subsequent analysis. The aliquots were sampled initially, once the mixture began to reflux, and then at every hour. The progress of each reaction was monitored as a decrease of precursor and the formation of final product. The progress was also monitored by detection of intermediates and byproducts. Gas Chromatography. These analyses were performed using a Hewlett-Packard 6890 Gas Chromatograph equipped with a flame ionization detector and electronic pneumatic control.

VOLUME 9 NUMBER 4 — OCTOBER 1999

A 10.0 m x 0.32 mm id. fused-silica capillary column coated with 0.52 µm HP-5 (Hewlett-Packard) was employed. Hydrogen was the carrier gas, with an average linear velocity of 40 cm/sec (constant flow). The injection port and detector were maintained at 280°C. The samples were extracted into ether and 1 ml of each sample was injected in split mode (100:1). The oven temperature was programmed as follows: Initial temperature 120°C, hold for 1.0 minute, then ramp temperature at 25°C per minute to 280°C, hold for 1.0 minute (total run time = 8.4 minutes). Gas Chromatography-Infrared Spectrophotometry. These analyses were performed using a Hewlett-Packard 5890 Gas Chromatograph equipped with a Hewlett-Packard 5965A Infrared detector. A 15.0 m x 0.32 mm id. fused-silica capillary column coated with 0.52 µm HP-5 was employed. Helium was the carrier gas with an average linear velocity of 40 cm/sec (constant pressure). The injection port and detector were maintained at 280°C. One microliter of the samples were injected in split-less mode (initial purge off then on at 0.55 minutes). The oven temperature was programmed as follows: Initial temperature 40°C, hold for 1.0 minute then ramp temperature at 30°C per minute to 280°C, hold for 3.0 minutes (total run time = 12 minutes). The flow cell and transfer lines were maintained at 275°C. The optical resolution was set at 8 cm-1. Gas Chromatography-Mass Spectrometry. The electron impact (EI) mass spectra were obtained using a Finigan Mat GCQ mass spectrometer. A 30.0 m x 0.25 mm i.d. fused-silica capillary column coated with 0.25 µm Rtx®-5MS (Restek) was employed. Helium was the carrier gas with an average linear velocity of 40 cm/sec (constant flow). The injection port and ion sources were set at 240°C and 180°C respectively. One microliter from each of the samples were injected in split mode (30:1). The oven temperature was programmed as follows: Initial temperature 100°C for 1.0 minute, then increase temperature 20°C per minute to 280°C, hold for 10.0 minutes (total run time = 20 minutes). The mass spectrometer was scanned over a m/z ratio of 40-500. The transfer lines were maintained at 280°C. Infrared Spectrophotometry. The infrared spectra were measured in potassium bromide on a Nicolet Magna 560 Fourier transform infrared (FTIR) spectrophotometer.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION RESULTS

AND

DISCUSSION

The intermediates and byproducts are well documented in the synthesis of methamphetamine utilizing ephedrine/ pseudoephedrine via HI/Red P [1]. Iodomethamphetamine is formed as an intermediate in the reduction of ephedrine/ pseudoephedrine. Phenyl-2-propanone, 1,3-dimethyl-2phenylnaphthalene and 1-benzyl-3-methylnaphthalene are formed as byproducts. These compounds can be found in various stages of the reaction until completion. Similarly, the common cold tablet ingredients produced intermediates and byproducts. These compounds were found at various stages during the reactions. The identification of the intermediates and byproducts indicated the stage of the reaction. Chlorpheniramine was the only ingredient tested that was not affected by the HI/Red P heating process. Chlorpheniramine, the affected ingredients, and the byproducts formed are discussed below. Chlorpheniramine Chlorpheniramine maleate is present in pseudoephedrine preparations as an antihistamine. Chlorpheniramine contains an amine functional group which is not very reactive and yields no reaction after 24 hours of refluxing in HI/Red P medium. This is expected since the amine group in methamphetamine is not reduced by the HI/Red P medium. Unreacted chlorpheniramine would extract and crystallize in samples utilizing traditional clandestine methamphetamine extraction and crystallization procedures. Therefore, chlorpheniramine would be expected in methamphetamine samples. The results of the reaction of chlorpheniramine in HI/Red P medium is shown as follows: Cl

N

CH

[CH2]2

N[CH3]2

HI / Red P heat

OH

OH HI heat

O N C CH3 H acetaminophen

NH2 4-aminophenol

Acetaminophen forms salts with bases and will extract from acidic and neutral solutions. 4-Aminophenol contains both an amine and a phenol group which forms salts with acids and bases and will not extract into ether from acidic or basic conditions. Therefore, the sample aliquots were neutralized and extracted into ether for subsequent instrumental analysis. Gas chromatographic analysis of the initial mixture of acetaminophen and hydriodic acid revealed only the presence of acetaminophen. The initial refluxing of this solution indicated the formation of 4-aminophenol (Fig. 1). Acetaminophen was completely converted to 4-aminophenol within 1 hour of refluxing. Vapor and condensed phase infrared spectra were obtained for 4-aminophenol (Figs. 2 and 3). Mass spectral data was also obtained (Fig. 4). 4-Aminophenol, as well as acetaminophen, would not be expected in the final methamphetamine product because they do not extract from the traditional highly basic clandestine methamphetamine extraction methods. It is possible however, to encounter these products from neutral extractions of the methamphetamine/HI/Red P mixture and neutral extractions of the initial aqueous waste solution.

No Reaction

chlorpheniramine

Acetaminophen Acetaminophen is present in pseudoephedrine preparations as an analgesic. Acetaminophen contains both an amide and phenol group. N-Substituted amides hydrolyze with heat and either acidic or basic catalysis to form primary amines [4]. Regardless of the presence of red phosphorus, acetaminophen reacted with hydriodic acid to form 4-aminophenol. Acetaminophen also was hydrolyzed with hydrochloric acid to form 4-aminophenol. Heat must be applied for either acid hydrolysis reaction to take place. However, the HI/Red P medium was not strong enough to reduce the phenol. The

PAGE 22

reaction mechanism utilizing the hydriodic acid hydrolysis of acetaminophen forming 4-aminophenol is shown as follows:

Dextromethorphan Dextromethorphan hydrobromide is present in pseudoephedrine preparations as a cough suppressant. Dextromethorphan contains an amine and aryl alkyl ether. Ethers are comparatively unreactive compounds. The ether linkage is quite stable toward bases, oxidizing and reducing agents. The ether linkage does undergo one type of reaction, cleavage by acids. Cleavage takes place only under quite vigorous conditions: concentrated acids and high temperatures. Alkyl ethers initially yield an alkyl halide and an alcohol. The alcohol may react further to form a second alkyl halide. Because of the low reactivity at the bond between oxygen and an aromatic ring, an aryl alkyl ether undergoes cleavage of the alkyl-oxygen bond and yields a phenol and an alkyl halide [5]. Regardless of the presence of red phosphorus, the aryl alkyl ether in dextromethorphan reacted with hydriodic acid and was converted to a phenol forming dextrorphan. Dextromethorphan

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VOLUME 9 NUMBER 4 — OCTOBER 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION also reacted with hydrochloric acid to form dextrorphan. Heat must be applied for the reaction to take place. The HI/Red P medium was not strong enough to reduce the phenol. The reaction mechanism utilizing hydriodic acid for the cleavage of the aryl alkyl ether from dextromethorphan forming dextrorphan is shown as follows:

mechanism utilizing HI/Red P for the cleavage of the alkyl ether and the subsequent reduction product of doxylamine forming 2-(α-methylbenzyl)pyridine is summarized as follows:

CH3

CH3 N

N

N

CH3

HI heat

O dextromethorphan

O

[CH2]2

N[CH3 ]2

N

C

H

H

H

H3 C

C

CH3

HI / Red P heat

doxylamine

2-(α-methylbenzyl)pyridine

HO dextrophan

Dextromethorphan forms a salt with acids and will extract into ether from basic or neutral conditions. Dextrorphan contains an amine and a phenol group. Dextrorphan forms salts with acids and bases and will not efficiently extract into ether from acidic or basic conditions. Therefore, the sample aliquots were neutralized and extracted into ether for subsequent instrumental analysis. Gas chromatographic analysis of the initial mixture of dextromethorphan and hydriodic acid revealed only the presence of dextromethorphan. The initial refluxing of this solution indicated the formation of dextrorphan (Fig. 5). Dextromethorphan was completely converted to dextrorphan within 1 hour of refluxing. Vapor and condensed phase infrared spectra were obtained for dextrorphan (Figs. 6 and 7). Mass spectral data was also obtained (Fig. 8). Dextrorphan base was a solid at room temperature. Dextrorphan, unlike dextromethorphan, would not be expected in final methamphetamine products, because it does not efficiently extract from traditional clandestine methamphetamine extraction methods. It is possible however, to encounter this product from neutral extractions of the methamphetamine/HI/Red P mixture as well as neutral extractions of the initial aqueous waste solutions. Doxylamine Doxylamine succinate is present in pseudoephedrine preparations as an antihistamine. Doxylamine contains an amine and alkyl ether. Doxylamine underwent the same acidic ether cleavage as previously discussed. However the final product depends on the acid that cleaves the ether linkage. The ether linkage in doxylamine was cleaved with hydrochloric acid to initially form the alcohol product 2-(α-hydroxy-α-methylbenzyl) pyridine. However, the alkyl alcohol subsequently undergoes dehydration with hydrochloric acid to form the alkene product 2-(phenylethylene) pyridine. In the reaction with hydriodic acid, the expected alcohol or iodo-intermediate was immediately reduced since only the reduced product was detected. Doxylamine was reduced with HI/Red P to form 2-(α-methylbenzyl) pyridine. Heat must be applied for these reactions to take place. The reaction

VOLUME 9 NUMBER 4 — OCTOBER 1999

2-(α-Methylbenzyl)pyridine still contains a basic nitrogen and was extracted into ether from basic conditions. The sample aliquots were basified and extracted into ether for subsequent instrumental analysis. Gas chromatographic analysis of the initial mixture of doxylamine and hydriodic acid revealed only the presence of doxylamine. However, the reduction was very rapid since doxylamine was completely converted to 2-(α-methylbenzyl)pyridine upon initial refluxing (Fig. 9). Vapor and condensed phase infrared spectra were obtained for 2-(α-methylbenzyl)pyridine (Figs. 10 & 11). Mass spectral data was also obtained (Fig. 12). 2-(α-Methylbenzyl)pyridine base was a liquid at room temperature and did form salts with acids. 2-(α-Methylbenzyl)pyridine would be expected in methamphetamine samples. 2-(α-Methylbenzyl)pyridine would extract and crystallize in samples utilizing traditional clandestine methamphetamine extraction and crystallization procedures. Diphenhydramine Diphenhydramine hydrochloride is present in pseudoephedrine preparations as an antihistamine. Diphenhydramine contains an amine and alkyl ether. Diphenhydramine underwent the same acidic ether cleavage as previously discussed. However, the final product was dependent on the acid that cleaved the ether linkage. The ether group in diphenhydramine was immediately cleaved with concentrated hydrochloric acid at room temperature to form an alcohol product (benzhydrol) and an alkyl halide (chlorodiphenylmethane). Diphenhydramine mixed with dilute hydrochloric acid did not react. In the reaction with hydriodic acid, the expected alcohol and iodo-intermediate began to form at room temperature. Diphenhydramine was completely reduced with HI/Red P to form diphenylmethane at initial boil. The reaction mechanism utilizing HI/Red P for the cleavage of the alkyl ether and the subsequent reduction product of diphenhydramine forming diphenylmethane is summarized as follows:

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

OH O

O

HC

O [CH2]2 N[CH3]2

diphenhydramine

HI / Red P heat

CH2

diphenylmethane

Diphenylmethane is a neutral compound and does extract into ether from acidic or basic solutions. The sample aliquots were basified and extracted into ether for subsequent instrumental analysis. Gas chromatographic analysis of the initial mixture of diphenhydramine and hydriodic acid revealed the formation of benzhydrol, iododiphenylmethane and diphenylmethane. However, the reduction was very rapid since diphenhydramine was completely converted to diphenylmethane upon initial refluxing (Fig. 13). A vapor phase infrared spectrum was obtained for diphenylmethane (Fig. 14). Mass spectral data was also obtained (Fig. 15). Diphenylmethane does not form salts with acids or bases. Diphenylmethane would not be expected in final methamphetamine products, because it does not form a crystalline salt from traditional clandestine methamphetamine crystallization procedures. However, if the methamphetamine still has residual solvent, diphenylmethane could be found in the final product in a similar manner as phenyl-2-propanone and the “naphthalene” compounds. It is also possible, to encounter this product from extractions of the methamphetamine/HI/Red P mixture. Guaifenesin Guaifenesin is present in ephedrine preparations as an expectorant. The two aryl alkyl ethers in guaifenesin underwent the same acidic ether cleavage as previously discussed. Regardless of the presence of red phosphorus, guaifenesin reacted with hydriodic acid to cleave the methyl ether first forming 2-hydroxyphenylglyceryl ether. A longer reaction time (>4 hours), resulted in the cleavage of the largest ether linkage to form 1,2-dihydroxybenzene. Guaifenesin reacted with hydrochloric acid to form the same products. Heat must be applied for both reactions to take place. As previously discussed, the HI/Red P medium was not strong enough to reduce the phenols. The reaction mechanism utilizing hydriodic acid for the cleavage of the aryl alkyl ethers from guaifenesin through 2-hydroxyphenylglyceryl ether to 1,2-dihydroxybenzene is shown as follows:

PAGE 24

OH

CH2CH2CH CH2CH3 CH3

O

CH2CH2CH CH2CH3 OH

HI

OH

HI heat

heat

guaifenesin

OH

2-hydroxyphenylglyceryl ether

1,2-dihydroxybenzene

Under prolonged heating (»22 hours), the byproducts produced from guaifenesin underwent a secondary reaction. The aromatic ring of the diol underwent a Friedel-Crafts alkylation reaction. The Friedel-Crafts alkylation is a reaction of very broad scope. The most important reagents are alkyl halides, olefins, and alcohols, but many other types of reagents have also been employed. Regardless of which reagent is used, a catalyst is always required. Aluminum chloride is the most common, but many other Lewis acids have been used, as well as proton acids. An important synthetic limitation of Friedel-Crafts alkylation is that rearrangement frequently takes place in the reagent. Rearrangement is usually in the order primary→secondary→tertiary and occurs mostly by migration of H-, but also of R- [4]. This rearrangement was observed with the guaifenesin byproducts. One of the byproducts formed from the initial reaction was 1-iodopropane. This molecule rearranged to the more stable secondary cation compound of 2-iodopropane. 1,2-dihydroxybenzene underwent a Friedel-Crafts alkylation with 2-iodopropane in the HI/Red P medium to form 1,2-dihydroxy-3-isopropyl benzene and 1,2-dihydroxy-4isopropylbenzene. This reaction is shown as follows:

OH

OH

OH CH3

OH

+

I

CH CH3

1,2-dihydroxybenzene

2-iodopropane

OH

OH HI heat

CH3

+

CH3 1,2-dihydroxy-3-isopropylbenzene

H3C

CH3

1,2-dihydroxy-4-isopropylbenzene

Guaifenesin is a neutral compound and does extract into ether from either acidic or basic solutions. However, the phenol cleavage products only extracted into ether from acidic conditions. The sample aliquots were directly extracted into ether for subsequent instrument analysis. Care must be taken when choosing organic solvents; for example these products would not extract into hexane. Gas chromatographic analysis of the initial mixture of guaifenesin and hydriodic acid revealed only the presence of guaifenesin. Upon initial refluxing of this solution, 2-hydroxyphenylglyceryl ether was detected (Fig. 16). Guaifenesin was essentially converted to 2-hydroxy-phenylglyceryl ether within 3 hours of refluxing. After 4 hours of refluxing, 1,2-dihydroxybenzene was detected. After 6 hours of

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 4 — OCTOBER 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION refluxing, approximately 40% of 2-hydroxylphenylglyceryl had been converted to 1,2-dihydroxybenzene. After 22 hours of refluxing, the Friedel-Crafts alkylation products 1,2-dihydroxy3-isopropyl-benzene and 1,2-dihydroxy-4-isopropylbenzene were detected (Fig. 17). Vapor phase infrared spectra were obtained for 2-hydroxyphenylglyceryl ether, 1,2-dihydroxybenzene, 1,2-dihydroxy-3-isopropylbenzene and 1,2-dihydroxy4-isopro-pylbenzene (Fig. 18-21). Mass spectral data was also obtained (Fig. 22-25). These products all form salts with bases. 2-hydroxyphenylglyceryl ether, 1,2-dihydroxybenzene, 1,2-dihydroxy-3-isopropylbenzene and 1,2-dihydroxy-4-isopropylbenzene would not be expected in methamphetamine samples because they would not extract from traditional clandestine methamphetamine extraction methods. It is possible however, to encounter these products from acidic and neutral extractions of the methamphetamine/HI/Red P mixture and from a neutral extract of the initial basic aqueous waste. The presence of these products will depend upon the extent of reaction, which is directly related to the heating time. Triprolidine Triprolidine hydrochloride is present in pseudoephedrine preparations as an antihistamine. Triprolidine contains an amine group as well as an alkene. The alkene presents a possible reaction site with the HI/Red P medium. Although catalytic hydrogenation is the method which is most often used, double bonds may be reduced by other reagents as well. Hydriodic acid can convert an alkene into the corresponding alkyl halide; however, excess HI may reduce the alkyl iodide formed. Therefore, the overall process becomes a way of hydrogenating a double bond [4]. Triprolidine was reduced by HI/Red P to form 1-(4-methylphenyl)-1-(2-pyridyl)-3-pyrrolidinopropane referred to as “reduced triprolidine.” Heat must be applied for the reaction to take place. Hydrochloric acid is not capable of reducing the double bond; therefore triprolidine yielded no reaction when refluxed. The reaction mechanism utilizing HI/Red P for the reduction of triprolidine forming 1-(4-methylphenyl)-1(2-pyridyl)-3-pyrrolidinopropane is shown as follows:

H N

C

C

H2C

CH3 triprolidine

N N

HI heat

CH CH2 H2C

N

CH3 1-(4-methylphenyl)-1-(2-pyridyl)-3-pyrrolidinopropane

The “reduced triprolidine” extracts into ether from basic conditions. The sample aliquots were basified and extracted into ether for subsequent instrumental analysis. Gas chromatographic analysis of the initial mixture of triprolidine and the HI/Red P

VOLUME 9 NUMBER 4 — OCTOBER 1999

medium revealed only the presence of triprolidine. The initial refluxing of this solution indicated the formation of the “reduced triprolidine”. After 2 hours of refluxing, approximately 60% of the triprolidine was reduced to 1-(4-methylphenyl)-1-(2-pyridyl)3-pyrrolidinopropane (Fig. 26). Triprolidine was completely reduced after 24 hours of refluxing. Vapor and condensed phase infrared spectra were obtained for “reduced triprolidine” (Figs. 27 and 28). Mass spectral data was also obtained (Fig. 29). The base form of the “reduced triprolidine” was a liquid at room temperature and will form salts with acids. “Reduced triprolidine” and triprolidine would be expected in methamphetamine samples. Both compounds would extract and crystallize in samples utilizing traditional clandestine methamphetamine extraction and crystallization procedures.

CONCLUSION Chlorpheniramine was the only compound tested that did not react with HI/Red P. Therefore, unreacted chlorpheniramine would be expected in final methamphetamine samples. Doxylamine and triprolidine react with HI/Red P to form 2-(α-methylbenzyl) pyridine and 1-(4-methylphenyl)-1-(2pyridyl)-3-pyrrolidinopropane respectively. These products would extract and crystallize in samples utilizing traditional clandestine methamphetamine extraction and crystallization procedures. Therefore, they would be expected in final methamphetamine samples. It is possible to see mixtures of unreacted triprolidine based upon the reactants and refluxing times. Diphenhydramine reacts with HI/Red P to form diphenylmethane. This product would not crystallize in samples utilizing traditional clandestine methamphetamine extraction and crystallization procedures. Therefore, they would not be expected in final methamphetamine samples, unless the product still had residual solvent. It is also possible, to encounter this product from extractions of the methamphetamine/HI/Red P mixture. Acetaminophen and dextromethorphan react with hydriodic acid to form 4-aminophenol and dextrorphan respectively. These products would not extract and crystallize in methamphetamine samples utilizing traditional clandestine methods. However, they would extract from neutral solutions of the methamphetamine/HI/Red P mixture as well as neutral extracts of the initial basic aqueous waste. Guaifenesin reacts with hydriodic acid to form 2-hydroxyphenylglyceryl ether, 1,2-dihydroxybenzene, and possibly 1,2-dihydroxy-3isopropylbenzene and 1,2-dihydroxy-4-isopropylbenzene. These products would not extract and crystallize in methamphetamine samples utilizing traditional clandestine methods. However, they would extract from either acidic solutions from the methamphetamine/HI/Red P mixture or neutral solutions of the initial basic aqueous waste. The presence of the reaction byproducts in clandestine laboratory exhibits will depend upon the method of precursor

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

PAGE 25

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION extraction as well as the extent of the heating process. The detection of the compounds will also depend upon the extraction method utilized at the clandestine laboratory. The detection of these products will assist the analyst in determining the initial starting cold tablet preparation used in the manufacture of methamphetamine.

5. 6. 7.

REFERENCES 1. 2. 3. 4.

8.

Skinner, H.F., “Methamphetamine Synthesis via Hydriodic Acid/Red Phosphorus Reduction of Ephedrine,” Forensic Science International, Vol. 48, 1990, pp. 123-134. “The Chemical Diversion and Trafficking Act of 1988,” Anti-Drug Abuse Amendments Act of 1988, Subtitle A. Drug Enforcement Administration, Statistical Reports, 1996. March, J., “Advanced Organic Chemistry: Reactions, Mechanisms, and Structure,” McGraw-Hill, Inc., 1968, pp. 313-315, 406-410, 580-581.

8.

Morrison, R.T., Boyd, R.N., “Organic Chemistry,” Allyn and Bacon, Inc., Third Edition, 1975, pp. 559-560. Keller, R.J., “The Sigma Library of FT-IR Spectra,” Sigma Chemical Company, Inc., First Edition, 1986, Vol. 2 pp. 283a, 1012c, 1013b, 1014a, 1014c. Whitten, K.W., Gailey, K.D., Davis, R.E., “General Chemistry,” Saunders College Publishing, Third Edition, 1988, pp. 727-729. Moffat, A. C., Sr. Ed., “Clarke’s Isolation and Identification of Drugs,” The Pharmaceutical Press, London, 2nd Edition, 1996, pp. 457, 520, 523, 576, 645, 849, 1053. Budavari, S., Ed., “The Merck Index,” Merck & Co., Inc., Rahway, N.J., 12th Edition, 1996, pp. 47, 487, 2232, 3496, 4574, 5499, 8184, 8271, 9871.

pA 70 60 50

3.497 - Acetaminophen

40

1.477 - 4-Aminophenol

30 20 10 0

2

4

6

8 min

Fig. 1. Gas chromatogram after the initial refluxing of acetaminophen and HI / red P 100 99 1326

3028

98

1620

3654

%Transmittance

817

97 96

1252

95

1175

94 93 1513

4000

3500

3000

2500

2000

1500

1000

Wavenumbers (cm-1)

Fig. 2. Vapor phase infrared spectrum of 4-aminophenol

PAGE 26

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 4 — OCTOBER 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 100 90

%Transmittance

80 70 60 50 3274

40

1612

2578

30 4000

518 1383

3341

1509

3000

2000

1235

1468

1500

1087

969

744

1000

500

Wavenumbers (cm-1)

Fig. 3. Condensed phase infrared spectrum of 4-aminophenol base.

Fig. 4. Mass spectrum of 4-aminophenol.

5.641 - Dextrorphan

pA

200

5.353 - Dextromethorphan

150

100

50

0 0

2

4

6

8 min

Fig. 5. Gas chromatogram after the initial refluxing of dextromethorphan and HI / red P.

VOLUME 9 NUMBER 4 — OCTOBER 1999

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

100 98

3018

96

1605

2803 3647

1493

%Transmittance

94

2861

1178

92 90 88 86 84 82 80 4000

2930

3500

3000

2500

2000

1500

1000

Wavenumbers (cm-1)

Fig. 6. Vapor phase infrared spectrum of dextrorphan. 100 90

%Transmittance

80 70 60 1047

50 1575

40 30 4000

555

884

1616

751

1350 1472 1235

2926

3000

2000

1500

1000

500

Wavenumbers (cm-1)

Fig. 7. Condensed phase infrared spectrum of dextrorphan base.

Fig. 8. Mass spectrum of dextrorphan

PAGE 28

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 4 — OCTOBER 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION (

) 2.743 2-(α-methylbenzyl)pyridine

pA 350 300 250 200 150 100 50 0 0

2

4

6

8 min

Fig. 9. Gas chromatogram after the initial refluxing of doxylamine and HI/red P 100 98 1026

%Transmittance

96 94 92

1428 2974

1463

741

692

90 3067

88 4000

1585

3500

3000

2500

2000

1500

1000

Wavenumbers (cm-1)

Fig. 10. Vapor phase infrared spectrum of 2-(α-methylbenzyl)pyridine 100

%Transmittance

90

80

70 1146

60

1028

803 548

50

2970 1586

4000

3000

2000

750

1427

1500

699

1000

500

Wavenumbers (cm-1)

Fig. 11. Condensed phase infrared spectrum of 2-(α-methylbenzyl)pyridine base (oil smear).

VOLUME 9 NUMBER 4 — OCTOBER 1999

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Fig. 12. Mass spectrum of 2-(α-methylbenzyl)pyridine base.

2.361 - Diphenylmethane

pA 18 16 14 12 10 8 0

2

4

6

8 min

Fig. 13. Gas Chromatogram after the initial refluxing of diphenhydramine and HI - red P. 100 99 98

607

1029

%Transmittance

97

1450 2924

96

1600

95 94

1495

93 92 91

3034

90 89 4000

3071 731

3500

3000

2500

2000

1500

700

1000

Wavenumbers (cm-1)

Fig. 14. Vapor phase infrared spectrum of diphenylmethane.

PAGE 30

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 4 — OCTOBER 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Fig. 15. Mass spectrum of diphenylmethane.

3.390 - Guaifenesin

15 14 13 12 11

3.562 - 2-Hydroxyphenylglyceryl Ether

pA

10 9 8 0

2

4

6

8 min

Fig. 16. Gas chromatogram after the initial refluxing of guaifenesin in HI/red P.

80 60 40 20

0

2

3.551- 2-Hydroxyphenylglyceryl Ether

100

2.355 - 1,2-Dihydroxy-4-Isopropylbenzene

120

2.142 - 1,2-Dihydroxy-3-Isopropylbenzene

1.141 - 1,2-Dihydoxybenzene

pA 140

4

6

8 min

Fig. 17. Gas chromatogram after 22 hours of refluxing guaifenesin in HI/red P.

VOLUME 9 NUMBER 4 — OCTOBER 1999

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

100 99

3060 2892

1599 1359

2944

98 %Transmittance

3589

97

1106 741

96

1039

95 1220

94 1260

1498

93 4000

3500

3000

2500

2000

1500

1000

Wavenumbers (cm-1)

Fig. 18. Vapor phase infrared spectrum of 2-hydroxyphenylglyceryl ether. 100 95 3060

90 %Transmittance

1609

85

3659

1094

80 3603

75

1160 739

70

1508

65 1258

60 4000

3500

3000

2500

2000

1500

1000

Wavenumbers (cm-1)

Fig. 19. Vapor phase infrared spectrum of 1,2-dihydroxybenzene. 100 98 3061

96

1597

%Transmittance

2884

94

1350

945

3662

728

92 90 88

1150

3595 2971

86 1473

84 4000

1276

3500

3000

2500

2000

1500

1000

Wavenumbers (cm-1)

Fig. 20. Vapor phase infrared spectrum of 1,2-dihydroxy-3-isopropylbenzene.

PAGE 32

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 9 NUMBER 4 — OCTOBER 1999

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

100 98 3039

96

941

%Transmittance

94 1606

92 90

779

3662 1104

88 86

1162

84 82

3604

80

2969

1518

78 4000

1273

3500

3000

2500

2000

1500

1000

Wavenumbers (cm-1)

Fig. 21. Vapor phase infrared spectrum of 1,2-dihydroxy-4-isopropylbenzene.

Fig. 22. Mass spectrum of 2-hydroxyphenylglyceryl ether.

Fig. 23. Mass spectrum of 1,2-dihydroxybenzene.

VOLUME 9 NUMBER 4 — OCTOBER 1999

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Fig. 24. Mass spectrum of 1,2-dihydroxy-3-isopropylbenzene.

pA 300 250 200 150 100 50

5.786 - Triprolidine

5.518 - 1-(4-Methylphenyl)-1-(2-Pyridyl)-3-Pyrrolidinopropane

Fig. 25. Mass spectrum of 1,2-dihydroxy-4-isopropylbenzene.

0 0

2

4

6

8 min

Fig. 26. Gas chromatogram after 2 hours of refluxing triprolidine in HI/red P.

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 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

100 98 96

%Transmittance

94 805

92

1139

90

741 1428

88 86 1585

84 82 80

2788

78 4000

2969

3500

3000

2500

2000

1500

1000

Wavenumbers (cm-1)

Fig. 27. Vapor phase infrared spectrum of 1-(4-methylphenyl)-1-(2-pyridyl)-3-pyrrolidinopropane. 100

%Transmittance

90

80 1346

70

555

60

747

1509

50

1468 2955

4000

810

1146

2778

3000

1586

2000

1431

1500

1000

500

Wavenumbers (cm-1)

Fig. 28. Condensed phase infrared spectrum of 1-(4-methylphenyl)-1-(2-pyridyl)-3-pyrrolidinopropane (oil smear).

Fig. 29. Mass spectrum of 1-(4-methylphenyl)-1-(2-pyridyl)-3-pyrrolidinopropane base.

VOLUME 9 NUMBER 4 — OCTOBER 1999

 1999 - Clandestine Laboratory Investigating Chemists Association, Inc.

PAGE 35

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 10 NUMBER 2 — APRIL 2000

IN THIS ISSUE ... Criminalist Supervisor and Criminalist Manager Positions Available ................................................................................. 2 Illicit Meth Labs Develop New Source of Ingredients: Cold Pills Being Stolen From Pharmaceutical Firms ............................. 3 Lab Seizures .................................................................................................. 5 DEA Seeks List I Status For Red Phosphorus .............................................. 7 GHB Made Schedule I Controlled Substance By US Federal Government ......................................................................... 8 “Ice” Recrystallized From Street Methamphetamine Samples ................... 13 Kristen Rager, Gina Williams, Mark Traughber, and Lynn Melgoza Possible New Pseudoephedrine Source Discovered ................................... 14 Lynn J. Willers-Russo Analogs of GHB Part 1: Theoretical Perspective ....................................... 18 Jeremiah A. Morris Clandestine Laboratory Contaminated Properties: Assessment and Remediation Strategies ......................................................................... 21 Bruce Lazarus, C.I.H., R.E.H.S.

2000 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Association Officers President: Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284 Vice-President: John Hugel Health and Welfare – Canada 2301 Midland Ave Scarborough, ON M1P 4R7 CANADA (416) 973-2146 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (316) 792-4353 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main St Ste 700 San Francisco, CA 94105-2018 (415) 744-7051 Past-President: Catherine Wojcik San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200 Executive Board Members: Eric Lawrence Indiana State Police Laboratory 8500 E 21st St Indianapolis, IN 46219-2598 (317) 899-8521 Gina Williams San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CRIMINALIST SUPERVISOR AND CRIMINALIST MANAGER POSITIONS AVAILABLE The California Department of Justice is actively recruiting for qualified applicants who are interested in testing for the positions of Criminalist Supervisor and Criminalist Manager. The Criminalist Supervisor is the working supervisor level where incumbents are responsible for directing the work of a minimum of four criminalists and/or laboratory technicians/ assistants within: (1) a field office engaged in various criminalistic disciplines, (2) the California Criminalistic Institute (CCI) engaged in organizing and providing forensic research, application, advanced casework, training and methodology development in one specialized criminalistic discipline, or (3) a forensic DNA Laboratory. Staff at this level may also be assigned the most difficult advanced forensic casework and courtroom testimony with wide discretion and independence of action. The Criminalist Manager plans, organizes and directs the criminalistic program in an assigned area of the State. Incumbents at this level must supervise two or more Criminalist Supervisors. May also direct complex and sensitive forensic science projects which have a significant impact on the Bureau or the field of criminalistics. For further information regarding the qualifications required for each of these classifications, please visit the following website: http://www.dpa.ca.gov/textdocs/specs/s8/s8466.txt Criminalist Supervisor: Salary Range: $5012 - $6058 / monthly Criminalist Manager: Salary Range: $6086 - $6712 / monthly

Criminalist Manager positions may be available in various laboratories throughout the State.

HOW TO APPLY To apply for the current Criminalist Supervisor and/or Manager civil service examination, please submit a state application to the address below. An on-line version of the California State application can be found at www.spb.ca.gov. Be sure to specify the exact title(s) of the examination you are applying for. Applicants may file by mail to: Department of Justice Testing and Selection Office P.O. Box 944255 Sacramento, CA 94244-2550 Applicants may file in person at: Department of Justice Testing and Selection Office 1300 I Street, 7th Floor Sacramento, CA 95814 These examinations are anticipated to be given in May. For further information, contact the Department of Justice Testing and Selection Office at (916) 324-5039. For additional career opportunities information, contact Louie R. Jimenez, Recruiter/Analyst at (916) 323-9190 or the Department of Justice Job Hotline at (916) 456-2255.

LOCATIONS OF POSITIONS Criminalist Supervisor positions are currently available in the Berkeley DNA Laboratory and the California Criminalistics Institute (CCI) - Trace Analysis Program located in Sacramento. Positions may also become available in other field laboratories statewide and CCI.

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes ............................. OSP Forensic Laboratory – Portland, OR ................................................ (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab – Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................DEA Special Testing and Research Lab – McLean, VA ......................... (703) 285-2583 O. Carl Anderson ..................... Kansas Bureau of Investigation Lab – Great Bend, KS ........................... (316) 792-4353 Jerry Massetti ........................... CA Criminalistics Institute – Sacramento, CA ........................................ (916) 227-3575 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452 Peter Vallely ............................ J. Tonge Centre for Forensic Science - Brisbane, Australia .................... 617-3274-9031

PAGE 2

2000 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 10 NUMBER 2 — APRIL 2000

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ILLICIT METH LABS DEVELOP NEW SOURCE OF INGREDIENTS COLD PILLS BEING STOLEN FROM PHARMACEUTICAL FIRMS CHARLIE GOODYEAR, CHRONICLE STAFF WRITER San Francisco Chronicle Friday, April 7, 2000

For drug traffickers, the thefts were the equivalent of strolling out the gates of Fort Knox with sacks full of gold. As many as 20 barrels of a common over-the-counter cold pill — coveted by those who can easily cook it into methamphetamine — vanished from a pharmaceutical plant in Vacaville before authorities caught on in 1998. That same year, more than 4 million similar pills — enough to produce half a ton of pure meth — were stolen from a health-products company outside Los Angeles in a still-unsolved heist. Both cases received almost no attention publicly, but privately drug war officials were worried. Thanks to the 1996 Comprehensive Methamphetamine Control Act, illicit chemists are no longer able to buy the pills in bulk from so-called “rogue” pseudoephedrine dealers or over the counter at local drug stores. Instead they are going to a larger and in some ways easier target: drug companies where large supplies of the pills may be largely unsecured. Methamphetamine, often called the poor man’s cocaine, has been the nation’s fastest-growing drug problem during the past 10 years. In California, police raided more than 1,000 meth laboratories in 1998. And in recent years a powerful recipe for cooking pseudoephedrine into meth has become easily available on the Internet and in bookstores. Because pseudoephedrine is an over-the-counter medication, companies that handle it are not subject to federal Drug Enforcement Administration inspections or background checks, and federal authorities do not have a say about security as they would with controlled substances such as prescription drugs. “The whole crux of the matter goes back to the fact that these are not controlled substances and the fact that the chemical industry has fought this tooth and toenail to stop the control of this,” said William Davis, a drug diversion officer in the Sacramento office of the DEA. “There are very minimal, if any, security requirements,” Davis said. “There are minimal record-keeping requirements. The whole issue could be taken care of by making it a controlled drug.”

LOOSE SECURITY AT PLANT In 1998, pseudoephedrine was apparently not under much control at the large plant in Vacaville operated by drug giant Alza Corp. The plant, the second-largest private employer in Vacaville, with more than 500 workers, is the company’s only site where pseudoephedrine is manufactured into cold remedy tablets.

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The company had been reporting to authorities thefts of large quantities of the drug. During a joint DEA-Vacaville police undercover operation, assisted by private detectives hired by Alza, officers learned that at least two men, one a former company employee, the other still working at the plant in the hazardous waste division, were moving the drugs out of the plant and selling them to a variety of meth manufacturers in the Bay Area. The pills contained pseudoephedrine, a chemical cousin of meth just a few molecules different from the illegal drug. The pills stolen in Vacaville — 188-milligram tablets of Ephidac 24 — were showing up at drug labs in Solano, Sacramento, Contra Costa and San Joaquin counties as late as last summer. Each barrel was enough to make as much as 80 pounds of pure meth, although authorities do not know how much was ultimately converted into street drugs. According to police reports obtained by The Chronicle, as many as 20 barrels were stolen and sold to clandestine chemists for $100,000 to $150,000 each. “From what I understand, before that investigation was under way, security was so lax, it was difficult to even tell you how much was being stolen,” said DEA agent Ed Kittrell, who worked the case.

RAMPANT THEFT Kittrell and his fellow investigators soon learned that theft was rampant in the plant. Although Alza issued coveralls without pockets to employees to discourage theft, workers were filling their gloves with pills and even used their lunch boxes to scoop the tablets out of bins, he said. The thieves were also reportedly taking pills that had been incorrectly labeled and were slated for destruction. “Alza was destroying this stuff almost like trash, and people were just pulling pills out of the compactor,” Kittrell said. “When the company learned about it, they were appalled that their people who worked there stole this stuff.” Suspects Derrick Williams, who had been fired from Alza that same year for disciplinary problems, and Thomas Ross, who still worked at the plant, were arrested in December 1998 after authorities learned that the two men were working together to move pseudoephedrine out of the plant.

PLEA BARGAIN Williams, who said he became addicted to meth before he was fired, agreed to help prosecutors and testified against Ross —

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION whose case is still pending — in return for a 10-year federal prison term. In an interview earlier this year at the Sacramento County Jail, Williams said he had recruited Ross to help him take pseudoephedrine out of the plant and admitted stealing at least six barrels of the drug in the summer of 1998. Williams acted as the middleman, receiving just a few thousand dollars as he set up buys for the valuable tablets. Most of it was apparently sold to a Richmond motorcycle gang. The thefts took place in the middle of the day with Williams coming to the plant and loading the barrels into his pickup out of a smaller warehouse nearby. Security was almost nonexistent. “They put security cameras in in 1995, but it was a joke,” Williams said. “The security guards used to sleep on the job. It wasn’t clear if all the cameras worked. As far as I’m concerned, there was easy access to a lot of stuff.” Vacaville police Detective Nathan Benevides said he also is not sure how much was stolen from Alza. “I know what was reported to our department was less than what was taken,” he said. “From what was told to me by Mr. Ross and Derrick Williams, it seemed to be more than what was reported to the police, and that concerned us.” Along with the drugs, Williams said, tools, computers and other equipment routinely disappeared. In waste disposal, no proper system was in place to track which materials were to be destroyed. “They just depended on us to move the stuff out,” Williams said.

ADVANCE WARNING OF TESTS And although annual drug tests were required for employees, they were not a problem for Williams, who said he always knew a few days ahead when he would be tested and never tested positive for meth while working for Alza. His bosses were apparently unaware of what a lucrative business ripping off the pills was. “I just don’t think management knew what this stuff could be used for,” Williams said. Last year, drug officers began finding some of the stolen pills or meth believed to have been made from them. Three pounds of the finished drug was found at a lab in Suisun City. Nine pounds of pseudoephedrine was located in Sacramento. Last August, police in Stockton recovered 54 pounds of pure pseudoephedrine stolen from Alza, Kittrell said. There have been no reports of further thefts in Vacaville, but the 1998 case was so troubling that the DEA and Alza remain concerned that the plant will be singled out again by meth makers.

SECURITY TOUGHENED UP Janne Whissel, vice president for operations at Alza, said security has been significantly improved at the Vacaville plant during the past three years to the point that pseudoephedrine is now handled as carefully as any drug on the DEA’s schedule of controlled substances.

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“We have taken it upon ourselves to voluntarily treat pseudoephedrine as if it were a (controlled) drug,” Whissel said. Police agree that Alza’s security has gotten much better. But Whissel disputed police reports that Alza employees were stealing the drug using their gloves or lunch boxes. She said the company discovered that several security cameras had been tampered with, but Whissel rejected claims that as many as 20 barrels of pseudoephedrine were stolen. “We don’t believe that 20 barrels were taken,” she said. “There’s a problem with talking about barrels. Barrels can be filled with all sorts of things.” But while the company says it treats pseudoephedrine as a serious drug, Alza and the rest of the pharmaceutical industry are not ready to concede that it should be subject to federal controls — a move that would require consumers to get a doctor’s prescription for a common cold pill.

OTHER FIRMS VICTIMIZED Alza is just one of a growing list of companies that have become easy prey for illegal drug makers, including Leiner Health Products of Carson (Los Angeles County), which lost more than 4 million pills in October 1998. “There’s definitely a market for it,” said Ron Gravitt, the special agent in charge of clandestine drug labs for the state Bureau of Narcotics Enforcement. “There’s probably more diverted from the manufacturing companies than we actually realize. “Unfortunately, the pharmaceutical manufacturers aren’t regulated by us. We don’t have any knowledge of what their security procedures are.” According to Leiner, investigators could not identify any employee who might have been responsible for the missing drugs, which were reported to the DEA. The case is still unsolved. Like Alza, Leiner improved its security, including DEA-approved storage facilities and restricted access to pseudoephedrine. Warner-Lambert, the New Jersey company that markets the best-selling cold remedy Sudafed, says it has not had security problems with pseudoephedrine. But the company has been concerned enough about its product being used for meth manufacturing that, according to some reports, it has considered introducing additives into the tablets that would make them harder to cook into meth. The DEA will not comment on what is being done in the laboratory to try to prevent cold pills from being turned into illicit drugs.

OTHER NECESSARY CHEMICALS Anti-drug officials say the attempt to control the chemicals that are used to convert pseudoephedrine into meth — substances typically used in agriculture or manufacturing — is succeeding. The purity of the drug that makes it to the street has dropped from 60 percent a few years ago to about 27 percent now.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION That illicit chemists are turning to outright theft is a sign the supply of pseudoephedrine is drying up. “No chemicals equals no drugs,” said DEA Special Agent Guy Hargreaves, based in Washington, D.C. “Aside from marijuana, methamphetamine is the only widely abused drug that people can make themselves. We’re seeing more thefts, and to me that tells me these controls are working.” But without better security for guarding pseudoephedrine, the pills will continue to show up at thousands of small to mediumsized meth labs found each year in California and around the nation. Police in Fresno recovered 40 cases of the drug —

144,000 pills — at a bust just last week. And in 1997 alone, enough pseudoephedrine was “diverted” — either stolen or illegally purchased — to make 29 tons of meth, according to the DEA. Officials say that for every business like Alza or Leiner that learns its lesson, many other companies remain unaware that these chemicals are highly prized by illicit drug makers. “Ignorance is bliss, that’s the best defense in the world at the companies,” said Davis, the Sacramento DEA officer. “For the criminals, it’s a gold mine.”

LAB SEIZURES METHCATHINONE LABORATORY IN FRESNO In December the Fresno Regional Laboratory of the California Department of Justice responded to its first methcathinone laboratory. The laboratory was in a townhouse within the city of Fresno. It was discovered while the police were investigating a burglary. The apartment was a two story apartment with items both upstairs and downstairs. In the apartment there were ephedra extract tablets, which were a source of ephedrine. Also present was potassium dichromate and concentrated battery acid. There were numerous bilayered liquids, one of which has been examined and found to contain methcathinone. There were many other items through out the house (even though he had just moved in). While looking through the house, we found many computer printouts from internet sites telling how to make methcathinone. The scale that most of these worked with is on the order of 1-oz size. There was also information on the computer which could not be used since the computer was not listed as something that could be searched by the search warrant. This is something that needs to be considered as we enter the computer age. Mark F. Kalchik CA DOJ Crime Laboratory – Fresno, CA

SIBUTRAMINE CAPSULES ENCOUNTERED The Wisconsin Crime Laboratory-Madison received a submission of 113 clear capsules each having a white powder. The analysis of the white powder within the capsules identified the presence of sibutramine, which is covered under Schedule IV of the Code of Federal Regulations. Sibutramine is not presently controlled under the Wisconsin Controlled Substances Act. This

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is the first encounter of sibutramine at the Wisconsin Crime Laboratories. The January 2000, Vol. XXIII, No.1 issue of Microgram contains information and spectral data for Sibutramine. Sibutramine is a human fat blocker and is available in a labeled blue and yellow capsule under the brand name, MERIDIA® that is manufactured by Knoll Pharmaceutical Company. There is also an unmarked blue and yellow capsule manufactured by the Mexican subsidiary of the Knoll Pharmaceutical Company, which has the brand name Raductil. Robert Block WI State Crime Laboratory – Madison

THE ISOLATION OF ANHYDROUS AMMONIA FROM AMMONIUM HYDROXIDE The use of anhydrous liquid ammonia in the Nazi method (sodium or lithium and anhydrous ammonia reduction of ephedrine and/or pseudoephedrine) of methamphetamine manufacture has been well documented. A method described in the debriefing of a clandestine methamphetamine cook describes starting with ammonia hydroxide purchased in bottles approximately 2.5 L in size and containing concentrations assayed at approximately 30% ammonia. A bottle of this size would yield about 1 L of anhydrous liquid ammonia. To the ammonia hydroxide, the cook would add a strong base, such as sodium hydroxide, readily found in Red Devil Lye. This would drive off the gaseous ammonia from the solution. Using a slurry of acetone and dry ice or isopropyl alcohol and dry ice, the gaseous NH3 could then be condensed into liquid form for use in the Nazi method. The cook could have already added the other ingredients (lithium or sodium and the precursor) to this reaction

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION container and placed it into the slurry container as the gaseous NH3 is being condensed into the reaction container. If it’s not used immediately, the clear, anhydrous liquid ammonia would be stored in a freezer to slow its evaporation. The ammonia gas is very flammable and every precaution should be taken. If a container is found in a freezer, a wet pH strip could be swabbed around the lid to see if NH3 gas is escaping from it. The cook commented to investigators he added the sodium hydroxide to the 30% ammonia in a mason jar, sealed, and put it in the freezer. He said it would freeze into layers and he would break the jar and cut the upper (liquid ammonia) layer off to use in the reaction. The boiling point of ammonia is -27ºF (-33ºC) – the temperature necessary for it to be a liquid. The melting point is -106ºF (-77ºC) – the temperature necessary for it to be a solid. A normal freezer does not reach these temperatures but, perhaps, by sealing off the mason jar the pressure and temperature contributes to solidifying the ammonia and aqueous layers. I have not tested the cook’s purported method and there is some difficulty believing that NH3 would solidify in a normal freezer Richard Dill Oklahoma City Police Crime Laboratory – Oklahoma

VARIATION IN LITHIUM-AMMONIA REDUCTION METHOD OF METHAMPHETAMINE MANUFACTURE Criminalists Paul Hermsen and Jess Dunn from the Iowa Division of Criminal Investigation Criminalistics Laboratory investigated a clan lab in northeastern Iowa in October 1999. The suspect had obtained a recipe from the Internet that varied in several respects from the usual lithium-ammonia reduction method seen in Iowa. He also had obtained specifications for a fume hood, which he constructed in his workshop. His supply of anhydrous ammonia was obtained legally as part of his refrigeration business. In the usual method, the precursor is added to the reaction

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mixture in the salt form. After the reaction is complete, the methamphetamine base is removed from the reaction mixture with engine starting fluid or, occasionally, camping fuel. In the variation, the ground tablets are dissolved in water. Table salt and toluene are added and the mixture is basified with sodium hydroxide. The toluene is poured off, filtered until clear and then filtered twice through Epsom salt to remove any water. Lithium strips are added to anhydrous ammonia, then the toluene extract added. The reaction is quenched with water. The toluene layer is filtered until clear and then filtered twice through Epsom salt. From the method more commonly seen in Iowa, this analyst often is able to identify methamphetamine, the by-product 1-(1,4-cyclohexadienyl)-2-methylaminopropane (CMP), ephedrine or pseudoephedrine, and lithium salt from waste solid. In the new variation, none of the exhibits submitted contained all of the previously mentioned compounds. The recipe used by the suspect refers to waste materials floating on top as “gak.” It is thought that the “gak” would have contained lithium salt (no “gak” was submitted from the scene). Two exhibits, finished product and toluene from extraction, did contain the usual combination of methamphetamine, CMP and ephedrine or pseudoephedrine: Lithium was not identified in any exhibit. Many filter papers containing Epsom salt were received by this analyst; most had no identifiable residue. One filter paper set of Epsom salt contained ephedrine or pseudoephedrine from the first step (preparation of the precursor). A submission of engine starting fluid contained ephedrine or pseudoephedrine. The suspect’s recipe said to wash the lithium battery strips in ether. Perhaps he had ground his precursor tablets and stored the lithium strips in precursor, then cleaned them with the engine starting fluid. Criminalist Doug Elrick of the Computer Crimes section of this laboratory scanned a hard drive submitted in conjunction with this case. In addition to activity at drug-related sites, pornography was found. Charges related to the latter are also being pursued against the suspect. Patricia Krahn, Criminalist IA Dept. of Public Safety Criminalistics Laboratory – Des Moines, IA

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DEA SEEKS LIST I STATUS FOR RED PHOSPHORUS [From the Federal Register Vol. 65, No. 22, February 2, 2000, p. 4913] DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR part 1310 Possible Control of Red Phosphorus as a Listed Chemical AGENCY: Drug Enforcement Administration (DEA), Justice. ACTION: Advance Notice of Proposed Rulemaking; Request for Comments SUMMARY: The Controlled Substances Act (CSA), provides the Attorney General authority to specify by regulation, additional precursor and essential chemicals as “listed chemicals” if they are used in the manufacture of controlled substances in violation of the CSA. This notice provides advance notification that the United States Drug Enforcement Administration (DEA) is considering the possible control of red phosphorus as a listed chemical. Red phosphorus has been identified as being an important chemical used in the illicit production of methamphetamine. DEA is considering whether CSA chemical regulatory controls (such as registration, recordkeeping, reporting, and import/export requirements) are necessary to prevent the diversion of red phosphorus to clandestine drug laboratories. Prior to deciding whether to control red phosphorus as a listed chemical, the DEA is seeking information on red phosphorus trade so that diversion of red phosphorus may be prevented with minimal impact on legitimate trade. The DEA is soliciting information on the manufacturing, distribution, consumption, storage, disposal, and uses of red phosphorus. DATES: Written comments must be received on or before April 3, 2000. ADDRESSES: Comments should be submitted in quintuplicate to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, Washington, D.C. 20537, Attention: DEA Federal Register Representative/CCR. FOR FURTHER INFORMATION CONTACT: Frank L. Sapienza, Chief, Drug and Chemical Evaluation Section, Office of Diversion Control, Drug Enforcement Administration, Washington D.C. 20537 at (202) 307-7183.

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SUPPLEMENTARY INFORMATION: What is the purpose of this notice? The Controlled Substances Act (CSA), specifically 21 U.S.C. sections 802(34) and (35); 21 CFR 1310.02(c), provides the Attorney General with the authority to specify, by regulation, additional precursor and essential chemicals as “listed chemicals” if they are used in the manufacture of controlled substances in violation of the CSA. This authority has been delegated to the Administrator of DEA by 28 CFR 0.100 and redelegated to the Deputy Administrator under 28 CFR 0.104 (Subpart R) Appendix Sec. 12. This notice provides advance notification that the U.S. Drug Enforcement Administration is considering the control of red phosphorus as a listed chemical. Red phosphorus has been identified as being an important chemical used in the illicit production of methamphetamine. The public health consequences of the manufacture, trafficking, and abuse of methamphetamine are well known and documented. What regulatory controls currently exist on red phosphorus? Since red phosphorus is a common chemical used in methamphetamine production, it has already been placed on the Attorney General’s “special surveillance list” of “laboratory supplies”. The Comprehensive Methamphetamine Control Act of 1996 (MCA) amended the CSA via the addition of 21 U.S.C. 842(a)(11), which makes it unlawful for any person to distribute a laboratory supply to a person who uses, or attempts to use, that laboratory supply to manufacture a controlled substance or a listed chemical, with reckless disregard for the illegal uses to which such laboratory supply will be put. The MCA defines “laboratory supply” as a “listed chemical or any chemical, substance, or item on a special surveillance list published by the Attorney General, which contains chemicals, products, materials, or equipment used in the manufacture of controlled substances and listed chemicals.” This special surveillance list was published by DEA on May 13, 1999 (64 FR 25910) and includes red phosphorus. What additional action is DEA considering? Due to the continued use of red phosphorus in illicit methamphetamine synthesis, the DEA is considering whether to place additional controls on red phosphorus, by adding red phosphorus as a listed chemical. As such, red phosphorus would be subject to additional CSA regulatory controls such as registration, recordkeeping, reporting, and import/export requirements as specified in 21 CFR part 1300. DEA is considering whether these additional regulatory controls are needed to prevent the diversion of red phosphorus to clandestine laboratories.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Why is DEA seeking information? DEA is seeking information on red phosphorus trade so that diversion of red phosphorus may be prevented with minimal impact on legitimate trade. DEA is aware that the industrial uses of red phosphorus include the manufacture of pyrotechnics, safety matches, phosphoric acid and other phosphorus compounds, fertilizers, incendiary shells, smoke bombs, tracer bullets, and pesticides. DEA recognizes that regulation of red phosphorus may have some effect upon these, and other, industrial activities. However, DEA is not aware of the entire scope of use of red phosphorus by industry and consumers. What information does this notice seek? The DEA is soliciting input from the potentially affected parties regarding (1) the nature of the legitimate phosphorus industry, (2) the legitimate uses of red phosphorus at all levels of distribution (including industrial uses and use by individual endusers at the retail level of distribution), (3) the potential burden such regulatory controls may have on legitimate industry (particularly with respect to the impact on small businesses),

(4) the potential number of individuals/firms which may be adversely affected by increased regulatory requirements, and (5) any other information on the manner of manufacturing, distribution, consumption, storage, disposal, and uses of red phosphorus by industry and others. Both quantitative and qualitative data are sought. Such information may be submitted to the Drug and Chemical Evaluation Section and is requested by [insert 60 days from date of publication]. Information designated as confidential or proprietary will be treated accordingly. The release of confidential business information that is protected from disclosure under Exemption 4 of the Freedom of Information Act, 5 U.S.C. 552(b)(4) (FOIA), is governed by section 310(c) of the CSA (21 U.S.C. 830(c) and the Department of Justice procedures set forth in 28 CFR 16.7. John H. King Deputy Assistant Administrator Office of Diversion Control

GHB MADE SCHEDULE I CONTROLLED SUBSTANCE BY US FEDERAL GOVERNMENT [From the Federal Register, Volume 65, No. 49, Monday, March 13, 2000, p. 13235] DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Parts 1301 and 1308 Schedules of Controlled Substances: Addition of Gamma-Hydroxybutyric Acid to Schedule I AGENCY: Drug Enforcement Administration, Department of Justice. ACTION: Final rule. SUMMARY: This is a final rule issued by the Deputy Administrator of the Drug Enforcement Administration (DEA) placing gamma-hydroxybutyric acid (GHB) and its salts, isomers, and salts of isomers into Schedule I of the Controlled Substances Act (CSA) pursuant to Public Law 106–172. Public Law 106-172 also imposes Schedule III physical security requirements for storage on registered manufacturers and distributors of GHB when it is manufactured, distributed or possessed in accordance with Food and Drug Administration (FDA)-authorized Investigational New Drug (IND) exemptions under the Federal Food, Drug and Cosmetic Act (FFDCA). In addition, this final rule places FDA-approved products containing GHB into

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Schedule III, if or when they are approved. EFFECTIVE DATE: March 13, 2000. FOR FURTHER INFORMATION CONTACT: Frank Sapienza, Chief, Drug and Chemical Evaluation Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, (202) 307–7183.

SUPPLEMENTARY INFORMATION: What Is GHB and Why Is It Being Controlled? GHB is gamma-hydroxybutyric acid, including its salts, isomers and salts of isomers. In recent years, the abuse of GHB has increased substantially. GHB is a drug classified as a central nervous system depressant. It is not approved for marketing as a medicine in the United States, although FDA-authorized studies are in progress to examine its potential use in the treatment of cataplexy associated with narcolepsy. GHB is abused to produce euphoric and hallucinogenic states, and for its alleged role as growth hormone releasing agent to stimulate muscle growth. GHB can produce drowsiness, dizziness, nausea, visual disturbances, unconsciousness, seizures, severe respiratory depression and coma. Overdose usually requires emergency medical treatment, including intensive care for respiratory depression and coma. Several Poison Control Centers have

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION characterized and reported cases of GHB-dependence and withdrawal to the DEA. To date, DEA has documented over 5,700 overdoses and law enforcement encounters with GHB in 45 states. DEA has also documented 65 GHB-related deaths. On November 8, 1990, the FDA issued an advisory declaring GHB unsafe and illicit, except under FDA-approved physiciansupervised protocols. On February 18, 1997, FDA reissued its warning on GHB as an unapproved and potentially dangerous, illegal drug in the United States. GHB is produced in clandestine laboratories using a relatively simple synthesis with readily available and inexpensive starting materials. Gamma-butyrolactone (GBL) is an industrial solvent which is used in the clandestine manufacture of GHB. Once manufactured, GHB is a clear liquid and has been disguised by adding food coloring, flavorings, and/or storing it in different kinds of bottles and containers. The DEA has received reports that GBL, the solvent precursor for GHB, is being abused due to its rapid conversion to GHB soon after ingestion. On January 21, 1999, the FDA issued a request for a voluntary recall of all GBL-containing products sold in health food stores and warned the public of its danger to the public health. FDA has also declared 1,4-butanediol, a chemical related to both GHB and GBL, a Class I Health Hazard. On May 11, 1999, the FDA issued another warning on 1,4-butanediol, GHB, and GBL stating that these substances pose a significant health hazard. Public Law 106–172 also placed certain controls on GBL. These will be the subject of a separate Federal Register Notice. Under What Authority Is GHB Being Controlled? “The Samantha Reid and Hillory J. Farias Date-Rape Prevention Act of 1999” (Pub. L. 106–172) declared that the abuse of GHB is an imminent hazard to the public safety. Section (3)(a)(1) of Public Law 106–172 directs the Attorney General, notwithstanding sections 201(a), 201(b), 201(c), and 202 of the CSA (21 U.S.C. 811(a), 811(b), 811(c) and 812), to issue a final order placing GHB in the same schedule as would apply to a scheduling of a substance under section 201(h)(1) of the CSA (21 U.S.C 811(h)(1)). All substances controlled under 201(h)(1) are placed in Schedule I. Therefore, this final rule will place GHB in Schedule I. With the issuance of this final order, GHB becomes subject to the regulatory controls and administrative, civil and criminal sanctions applicable to the manufacture, distribution, dispensing, importing and exporting of a Schedule I controlled substance with one exception. Section 3(a)(1)(A) of Public Law 106–172 provides that registered manufacturers and distributors of GHB that is subject to an investigational new drug (IND) application exemption under the FFDCA subject to Schedule III physical security requirements rather than the otherwise applicable Schedule I physical security requirements for storage. In Sections (3)(a)(1)(A) and (B) of Public Law 106–172, reference is made to certain scheduling recommendations contained in the May 19, 1999, letter from the Department of

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Health and Human Services (DHHS) to the DEA. Pursuant to Public Law 106–172, the DEA is publishing a copy of the May 19, 1999 letter from David Satcher, M.D., Ph.D., Assistant Secretary for Health and Surgeon General. The letter follows: “Assistant Secretary for Health, Office of Public Health and Science, Washington, D.C. 20201 “Mr. Donnie R. Marshall, Deputy Administrator, Drug Enforcement Administration, Washington, D.C. 20537 “Dear Mr. Marshall: “In response to your request dated September 16, 1997, and pursuant to the Controlled Substances Act (CSA), 21 U.S.C. § 811(b), (c), and (f), the Department of Health and Human Services (HHS) recommends that gamma-hydroxybutyric acid (GHB) should be subject to control under Schedule I of the CSA, except that GHB substances and products that are the subject of investigational new drug (IND) applications authorized by the Food and Drug Administration (FDA) should be subject to control under Schedule III. “GHB is a central nervous system depressant. As discussed in the attached analysis, GHB has a high potential for abuse relative to substances controlled in Schedules III, IV, and V. GHB has no accepted medical use, and when manufactured clandestinely, it is unsafe for use under medical supervision. Accordingly, and except as provided below, HHS recommends that GHB be controlled in Schedule I of the CSA. Formulations of GHB currently are being studied under FDA-authorized INDs. At least one sponsor’s formulation has been granted orphan drug status under Section 526 of the Food, Drug and Cosmetic Act, and is available under a treatment use protocol under 21 CFR § 312.34. None of the reports of actual abuse of GHB that support the Schedule I recommendation have involved GHB that was diverted from an authorized study. Moreover, given the ease with which GHB can be synthesized from readily available materials, it is unlikely that authorized studies will become a source for abuse. Rather, the abuse potential of GHB, when used under an authorized research protocol, is consistent with substances typically controlled under Schedule IV. “Information on the dependence-producing effects of GHB is limited, but available data suggest that its potential for physical and psychological dependence is also consistent with control under Schedule IV. “Authorized formulations of GHB, however, do not meet the “accepted medical use” criteria set forth in Schedule IV. An authorized formulation of GHB is far enough along in the development process to meet the standard under Schedule II of a drug or substance having a “currently accepted medical use with severe restrictions.” Under these circumstances, HHS recommends placing authorized formulations of GHB in Schedule III. “You will find enclosed a document prepared by FDA’s Drug Abuse Evaluation Staff that is the basis for the combined Schedule I/Schedule III recommendation. “Should you have any questions regarding this recommendation, please contact Stuart L. Nightingale, M.D.,

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION FDA’s Associate Commissioner for Health Affairs, at (301) 443-6143. “Sincerely yours, “David Satcher, M.D., Ph.D., Assistant “Secretary for Health and Surgeon General “Enclosure” Specifically, as noted above, Section (3)(a)(1)(A) of Public Law 106–172 directs that the physical security requirements for registered manufacturers and distributors of GHB that is subject to an IND application exemption under the FFDCA shall be those which apply to the schedule recommended in the first paragraph of the DHHS letter. The schedule referred to in this paragraph is Schedule III. This paragraph applies only to GHB which is the subject of an FDA-authorized exemption and does not affect the physical security requirements for GHB manufactured, distributed or possessed for any other purpose or for any other controlled substance handled by the registrant. Section (3)(a)(1)(B) of Public Law 106–172 directs that a drug product containing GHB for which an application is approved under section 505 of the FFDCA, shall be placed in the schedule recommended in the last sentence of the fourth paragraph of the DHHS May 19, 1999, letter. This sentence recommends Schedule III. Currently, there are no GHB drug products approved under section 505 of the FFDCA. However, if or when a drug product containing GHB is approved by the FDA under this section, it shall be a Schedule III controlled substance except that it will be subject to the criminal sanctions applicable to a Schedule I controlled substance, pursuant to Public Law 106–172. This paragraph applies only to drug products containing GHB which are approved under section 505 of the FFDCA and does not affect the schedule of any other form of GHB handled by the registrant. Therefore, pursuant to Public Law 106–172 and notwithstanding sections 201(a), 201(b), 201(c), and 202 of the CSA, the Deputy Administrator of the DEA orders that GHB and its salts, isomers, and salts of isomers be placed in Schedule I. With the issuance of this final order, GHB will be subject to the regulatory controls and administrative, civil and criminal sanctions applicable to the manufacture, distribution, dispensing, importing and exporting of a Schedule I controlled substance with the following one exception. Registered manufacturers and distributors of FDA-authorized IND exempted GHB shall be subject to Schedule III physical security requirements for storage purposes. In addition, an FDA-approved drug product containing GHB for which an application is approved under section 505 of the FFDCA shall be placed in Schedule III. What Requirements Will GHB Be Subject To? Except as noted below, the Schedule I controls on GHB and, where applicable, the Schedule III physical security requirements on GHB will be effective on March 13, 2000. In the event that any of these requirements impose special hardships on the registrants, the DEA will entertain any justified request for an

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extension of time to comply with the Schedule I regulations regarding GHB. The applicable regulations are as follows: 1. Registration. Any person who manufactures, distributes, dispenses, imports or exports GHB or who engages in research or conducts instructional activities with GHB, or who proposes to engage in such activities, must submit an application for Schedule I registration in accordance with part 1301 of Title 21 of the Code of Federal Regulations (CFR) by May 12, 2000. However, if and when there is an FDA-approved GHB-containing product for which an application is approved under section 505 of the FFDCA, any person who manufactures, distributes, dispenses, imports or exports that product or who engages in research or conducts instructional activities with such an FDA-approved GHB-containing product, or who proposes to engage in such activities, must submit an application for Schedule III registration in accordance with part 1301 of Title 21 of the Code of Federal Regulations. 2. Security. GHB is subject to Schedule I security requirements and must be manufactured, distributed and stored in accordance with §§ 1301.71, 1301.72(a), (c), and (d), 1301.73, 1301.74, 1301.75(a) and (c) and 1301.76 of Title 21 of the Code of Federal Regulations. There is, however, an exception for registered manufacturers and distributors of GHB when manufactured, distributed or possessed in accordance with FDA-authorized IND exemptions under the FFDCA for storage. GHB used in FDA-authorized IND studies and FDA-approved GHB containing products are subject to Schedule III security requirements and must be manufactured, distributed and stored in accordance with §§ 1301.71, 1301.72(b), (c), and (d), 1301.73, 1301.74, 1301.75(b) and (c) and 1301.76 of Title 21 of the Code of Federal Regulations. 3. Labeling and packaging. All labels on commercial containers of, and all labeling of GHB, including FDA-authorized IND exempted formulations, which are distributed on or after May 12, 2000 shall comply with the requirements of §§ 1302.03–1302.07 of Title 21 of the Code of Federal Regulations. Any commercial containers of GHB packaged on or before May 12, 2000 and not meeting the requirements specified in §§ 1302.03–1302.07 of Title 21 of the Code of Federal Regulations shall not be distributed on or after June 12, 2000. Any labels on commercial containers of, and all labeling of, an FDA-approved GHB-containing drug product shall comply with the requirements of §§ 1302.03–1302.7 of Title 21 of the Code of Federal Regulations. 4. Quotas. Quotas for GHB are established pursuant to part 1303 ofTitle 21 of the Code of Federal Regulations. Any manufacturer who desires either a manufacturing or procurement quota for GHB shall apply for such quota to DEA on or before May 12, 2000. 5. Inventory. Registrants possessing GHB are required to take inventories pursuant to §§ 1304.03, 1304.04 and 1304.11

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION of Title 21 of the Code of Federal Regulations. Every registrant who desires registration in Schedule I for GHB shall conduct an inventory of all stocks of GHB on or before May 12, 2000. 6. Records. All registrants must keep records on GHB pursuant to §§ 1304.03, 1304.04 and §§ 1394,21–1394,23 if Title 21 of the Code of Federal Regulations. 7. Reports. All registrants are required to submit reports on GHB to the DEA pursuant to §§ 1304.33 of Title 21 of the Code of Federal Regulations. 8. Order Forms. Each distribution of GHB, with the exception of an FDA-approved GHB-containing product for which an application is approved under section 505 of the FFDCA, shall utilize an order form pursuant to part 1305 of Title 21 of the Code of Federal Regulations. 9. Prescriptions. If a drug product containing GHB is approved under section 505 of the FFDCA, all prescriptions for that product are to be issued pursuant to §§ 1306.03– 1306.06 and 1306.21–1306.26 of Title 21 of the Code of Federal Regulations. 10. Important and Exportation. All importation and exportation of GHB shall be in compliance with part 1312 of Title 21 of the Code of Federal Regulations. 11. Criminal Liability. Any activity with GHB not authorized by, or in violation of, the CSA or the Controlled Substances Import and Export Act shall be unlawful on or after March 13, 2000. Public Law 106–172 directs DEA to publish this final rule and DEA has no discretion in this matter. However, this action is structured in such a manner that limits its financial impact by reducing the physical security requirements for GHB under certain circumstances. Specifically, Congress directed DEA to apply Schedule III physical security requirements to registered manufacturers and registered distributors for the storage of GHB and GHB-containing formulations that are the subject of IND exemptions authorized by FDA. This regulation has been drafted and reviewed in accordance with Executive Order 12866, section 1(b), Principles of Regulation. DEA has determined that this rule is not a significant regulatory action under Executive Order 12866, section 3(f), Regulatory Planning and Review, and accordingly this rule has not been reviewed by the Office of Management and Budget. Further, this action will not have a significant economic impact on a substantial number of entities whose interests must be considered under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.).This action places GHB in Schedule I of the GSA, but provides a reduction of the physical security requirements for GHB under certain circumstances. Specifically, Schedule III physical security requirements will apply to registered manufacturers and registered distributors for the storage of GHB and GHB-containing formulations that are the subject of IND exemptionsauthorized by FDA.

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Unfunded Mandate Reform Act This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by § 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of the United States-based companies to compete with foreign-based companies in domestic and export markets. Executive Order 13132 Federalism This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with E.O. 13132, it is determined that this rule will not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Plain English The DEA makes every effort to write clearly. If you have suggestions as to how to improve the clarity of this regulation please contact Patricia M. Good, Chief, Policy and Liaison Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, phone (202) 307-7297. List of Subjects 21 CFR Part 1301 Administrative practice and procedure, Drug traffic control, Security measures. 21 CFR Part 1308 Administrative practice and procedure, Drug traffic control, Narcotics, Prescription drugs. Under the authority vested in the Attorney General by section 201(a) of the CSA (21 U.S.C. 811(a)), and delegated to the Administrator of the DEA by the Department of Justice regulations (28 CFR 0.100) and redelegated to the Deputy Administrator pursuant to 28 CFR 0.104, the Deputy Administrator hereby amends 21 CFR parts 1301 and 1308 as follows: PART 1301—[AMENDED] 1. The authority citation for Part 1301 continues to read as follows: Authority: 21 U.S.C. 821, 822, 823, 824, 871(b), 875, 877. 2. Section 1301.72 is amended by revising the introductory text of paragraphs (a) and (b) to read as follows:

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 1301.72 Physical Security controls for non-practitioners; narcotic treatment programs and compounders for narcotic treatment programs; storage areas. (a) Schedules I and II. Raw material, bulk materials awaiting further processing, and finished products which are controlled substances listed in Schedule I or II (except GHB that is manufactured or distributed in accordance with an exemption under section 505(i) of the FFDCA which shall be subject to the requirements of paragraph (b) of this section) shall be stored in one of the following secured areas: ***** (b) Schedules III, IV and V. Raw material, bulk materials awaiting further processing, and finished products which are controlled substances listed in Schedules III, IV, and V, and GHB when it is manufactured or distributed in accordance with an exemption under section 505(i) of the FFDCA, shall be stored in the following secure storage areas: ***** PART 1308—[AMENDED] 1. The authority citation for 21 CFR part 1308 continues to read as follows: Authority: 21 U.S.C. 811, 812, 871(b) unless otherwise noted. 2. Section 1308.11 is amended by redesignating the existing paragraphs (e)(1) through (e)(2) as (e)(2) through (e)(3) and by adding a new paragraph (e)(1) to read as follows: § 1308.11 Schedule I.

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***** (e) * * * (1) gamma-hydroxybutyric acid (some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate) ......... 2010 ***** 3. Section 1308.13 is amended by redesignating the existing paragraphs (c)(5) through (c)(11) as (c)(6) through (c)(12) and by adding a new paragraph (c)(5) to read as follows: § 1308.13 Scheduling III. ***** (c) * * * (5) Any drug product containing gamma hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under section 505 of the Federal Food, Drug, and Cosmetic Act ..... 2012* * * * * Dated: March 3, 2000. Donnie R. Marshall, Deputy Administrator. [FR Doc. 00–5925 Filed 3–10–00; 8:45 am]

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

“ICE” RECRYSTALLIZED FROM STREET METHAMPHETAMINE SAMPLES KRISTEN RAGER, GINA WILLIAMS, MARK TRAUGHBER, AND LYNN MELGOZA CA DOJ-Riverside Laboratory 1500 Castellano Rd Riverside, CA 92509-1725

INTRODUCTION

STEAM DISTILLATION

Our laboratory was requested by a client agency to purify and recrystallize some street methamphetamine to make “ice.” The methamphetamine submitted was of varying colors - ranging from dark brown to light yellow, and varying consistencies, ranging from extremely hard solid disks and chunks to powder. Two purification and recrystallization techniques were used. One was to recrystallize from a beaker of boiling water combined with acetone washes of the solid material; the other was using a steam distillation technique. Both methods produced nearly pure crystalline material.

An impure dark brown colored methamphetamine sample was steam distilled in order to obtain a pure product, a procedure used for the same purpose by chemists in a 1929 German language Swiss journal article from Helvetica Chimica Acta, volume 12, pages 373 and 374. The actual title of the article is unknown since we only have a portion of it. [Editor’s Note: “Diastereoisomerism. I. Configuration of Ephedrine”, H. Emde, Helv. Chim. Acta, 12(1929), pp. 365–376] The process is simple and is based on the assumption that methamphetamine base is more soluble with water in the vapor phase than other impurities from the catalytic reduction of halogenated ephedrine. Although the article seems to state that other impurities will steam distill over after methamphetamine, including ephedrine and ‘didesoxyephedrine’, if phenyl-2-propanone is present, it may be carried over before or with the methamphetamine fraction. Setup was a simple distillation, without a steam generator, and the distilling solution consisting of a basic aqueous solution of the impure methamphetamine (approx. 10:1 water to methamphetamine oil). The solution was allowed to distill for approximately 16 hours, adding water to the boiling mixture as necessary. The distillation process probably would have taken less time with more optimally configured glassware. The distillate was a clear biphasic solution. In order to minimize any loss of the methamphetamine base through evaporation, the distillate solution was made slightly acidic with hydrochloric acid (thereby protonating the methamphetamine, and resulting in a single phase solution). When it appeared no more biphasic drops were distilling over (as seen in the condenser), the process was halted and the pH of the distillate was noted to be slightly acidic. This final part of the distillation was actually a crude copy of the original process, which demonstrated the selective distillation of the various products in the original mixture. Because no caution was taken to stop distilling when products other than methamphetamine were distilling over, the material collected was certain to be less than pure. The aqueous distillate solution was super saturated by boiling down and allowed to dry at room temp. Crystals were observed to be very, but not absolutely, clear. A slight yellow discoloration was noted. There has been no attempt at this time to quantitate the original or resultant products, so yield is unknown. According to the above article the process of synthesis of methamphetamine from halogenated ephedrine as well as the clean up steam distillation

BOILING WATER AND ACETONE In preparation for this process, the hard samples were crushed with a hammer and then ground up in a coffee grinder to make a powder. The samples that were received in powder form were not altered. Several of the darkest brown samples were placed in acetone, filtered and dried in an effort to remove major impurities before recrystallization was attempted. The acetone turned dark brown while the color of the solid material lightened slightly. The methamphetamine was then dissolved in a beaker in just enough boiling water to make a supersaturated solution. The water turned a dark brown color and large crystals formed. The solution was cooled and amber crystalline material formed filling the beaker. This material was spread into a glass, baking dish to dry. One batch of water solution formed a thin film on top to which seed crystals were added. This batch formed a hard dark brown solid material instead of crystals. This solid material was dissolved in water, made basic with sodium hydroxide, extracted with hexane, filtered through filter paper and magnesium sulfate, and salted out with hydrogen chloride gas from sulfuric acid and rock salt. This batch was dissolved again in boiling water and recrystallized in the same manner as the other batches. The mostly dried crystalline material was then placed in beaker of acetone in an ultrasonic cleaner and left for approximately twenty minutes. The material was vacuum filtered and rinsed with fresh acetone then allowed to dry. The resulting crystals were very pale yellow, very light beige, and off-white in color. The total amount of recrystallized material was approximately 81% by weight of the total amount of original material. A preliminary quantitative analysis indicated that all batches but one were over 97% methamphetamine. One sample was approximately 10% methamphetamine. This batch was determined to also contain dimethylsulfone.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION process resulted in an overall yield of 80 to 90% (bromopseudoephedrine and chloropseudoephedrine respectively). The steam distillation, even if responsible for the entire loss, is a fairly efficient process.

Out of the drug labs visited so far, only one (for certain) was using this process for purifying crude methamphetamine oil. [Note: The opinions expressed by the authors in this article are their own and not necessarily those of the California Department of Justice.]

POSSIBLE NEW PSEUDOEPHEDRINE SOURCE DISCOVERED LYNN J. WILLERS-RUSSO Los Angeles County Sheriff’s Dept. Scientific Services Bureau 2020 West Beverly Blvd. Los Angeles, CA 90057

While responding to a suspected clandestine laboratory, a criminalist with the Los Angeles County Sheriff’s Department encountered a pseudoephedrine source that had never been seen before by the laboratory. It was an equine (horse) product marketed as an antihistimine and decongestant, under the name of “Tri-Hist Granules.” It is an orange-yellow granular substance that resembles Tang®. According to the label, the mixture contains 600 milligrams of pseudoephedrine hydrochloride and 600 milligrams pyrilamine maleate, in a “palatable base.” The mixture was packaged in a 20 ounce bottle and bore a price tag of approximately $20. Although the label clearly reads, “Sold to licensed veterinarians only,” the suspect reportedly purchased it right off the shelf at a local feed store. To evaluate whether this product might be a new viable source for pseudoephedrine, four extraction techniques using various solvents were utilized in the laboratory to simulate some possible field attempts. Four one-ounce samples were extracted using

approximately 200 milliliters of water, denatured alcohol, chloroform and acetone. The solvents were mixed with the Tri-Hist samples, filtered as needed and allowed to evaporate. (Most of the granular material does not dissolve.) The yield from each of these extractions was a bright yellow oily liquid which did not evaporate. As a result, three other extraction methods were devised to attempt to exploit the chemical differences between the pseudoephedrine and the pyrilamine. Chromatographic data revealed pyrilamine to be much more soluble in acetone than pseudoephedrine. With this in mind, two samples were washed repeatedly with acetone and then basified and/or extracted. A simple base extract was used for a third sample. The results are listed Table 1. Infrared spectra show that in all three extraction attempts, the pyrilamine was substantially removed from the recovered pseudoephedrine. However, only approximately one-third of the 600 milligrams of pseudoephedrine was recovered using the

Table 1 No.

Extraction Procedure

Yield

1

Sample mixed with water; Basified with sodium hydroxide; Basic solution washed with pentane (5x); Basic solution extracted with chloroform; Chloroform evaporated.

248 mg

2

Sample washed with acetone (5x); Sample mixed with denatured alcohol; Alcohol evaporated.

189 mg

3

Sample washed with acetone (5x); Sample mixed with water; Basified with sodium hydroxide; Extracted with chloroform; Chloroform evaporated.

219 mg

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION above extraction methods. Although this may fall short of a typical yield for a “pill-pull,” the Tri-Hist product should not be discounted as a possible precursor source. A 20-ounce bottle contains 12 grams of pseudoephedrine and sells for just over $20. It is unknown to what extent this product or others like it are available to the general public. If it can be purchased with little or no restrictions or reporting requirements, the extra extraction effort and low yield may be worth the trouble to some, to obtain so easy a pseudoephedrine source. An Internet search easily revealed at least two companies offering Tri-Hist Granules for sale on-line.

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Although the suspect in this case admitted that his extraction attempts were unsuccessful, he had every intention of continuing his efforts and may have succeeded with some more time. For additional information and/or questions, contact : Lynn J. Willers-Russo Senior Criminalist Los Angeles County Sheriff’s Dept. Scientific Services Bureau 2020 West Beverly Blvd. Los Angeles, CA 90057 (213) 989-5189 email : [email protected]

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ANALOGS OF GHB PART 1: THEORETICAL PERSPECTIVE JEREMIAH A. MORRIS MO State Highway Patrol Crime Laboratory Troop D Satellite Laboratory 700 E Cherry Springfield, MO 65806

INTRODUCTION If there is one constant within the forensic drug chemistry realm, it is that illicit use of substances for their psychoactive effects will always be around. The search for new and different drugs is an ongoing quest. When a particular substance gains a strong foothold in the counterculture spheres, it is usually there to stay. In the past few years, the United States, especially the West Coast, has witnessed the evolution of gamma-hydroxybutyrate (GHB) from experimentation to abuse. What may not have been foreseen, and should now be expected, is the gradual introduction of GHB analogs into GHB abuse circles. This paper will give a brief overview of GHB’s history and then outline several possible GHB analogs which may be developed in the future.

ANALOG TRENDS Traditionally, when governments control a particular substance, it has been the habit of those who abuse such a substance, to create modified versions of the parent substance. The modifications can be for either avoiding prosecution or to enhance specific properties of the parent substance. So prevalent were controlled substance analogs that the federal government, as well as most states, adopted a “Controlled Substance Analogue Enforcement Act” to control unapproved versions of Schedule I or Schedule II controlled substances [1].

Figure 1.

Metabolic route of GHB and its precursors

1,4-butanediol

γ-hydroxybutyraldehyde

γ-hydroxybutyrate

OH

HO

O

γ-butyrolactone

O

HO

O

OH

HO

OH

O

O

γ-aminobutyrate

O O

succinic acid

OH

HO

Kreb's Cycle O

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GHB HISTORY Beginning in November 1990, the FDA began a gradual regulation of GHB [4]. Although banned for human consumption, GHB, and its precursor gamma-butyrolactone (GBL), were still available through various channels. Final culmination of GHB control occurred recently when the “Hillary J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 1999” was signed into law listing GHB as a Schedule I controlled substance. Not only does GHB become controlled, but GBL has become a List I chemical [5]. Previously, the only means of federal prosecution was distributing GHB for the purpose of human consumption [6]. Once the FDA began its crackdown on GHB in 1990, it did not take long for the GHB market to go underground. With GHB off of the shelves, the underground community began manufacturing its own GHB through the alkaline hydrolysis of GBL. Numerous companies began marketing kits for the synthesis of GHB and personal recipes began showing up on the Internet. At some point, someone realized that a laboratory conversion of GBL into GHB is not necessary since the body automatically metabolizes the lactone into GHB [7]. This discovery has gradually shifted the emphasis away from GHB synthesis and towards simple consumption of GBL. As consumption of GBL increased, more and more products containing just the lactone showed up on the market. It is this progression from GHB abuse to GBL abuse which precipitated recent federal controls on both.

OH

H2N succinic semialdehyde

Some of the best examples of structural modifications are fentanyl and phenethylamine. Fentanyl analogs were developed in the early 1980’s was to take advantage of legal loopholes in the drug laws and also to develop a more potent narcotic. On the other hand, phenethylamine analogs were developed almost solely to enhance certain psychoactive properties of the molecule. Phenethylamines can be stimulants (methamphetamine), hallucinogens (mescaline), or a combination of the two (MDMA) [2,3].

GHB METABOLIC PRECURSORS However, those who abuse GHB have already found other substances which the body metabolizes into GHB. It is becoming more apparent that this is the current trend regarding GHB abuse. As companies which market GHB synthesis kits shut down one by one, other companies are stepping forward with products

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION containing substances which the body will ultimately metabolize into GHB. Revitalize Plus, Serenity, Enliven, and SomatoPro are just a few of such products [8]. Figure 1 shows the metabolic pathway of the major substances metabolized into GHB within the body. Each substance on the upper end of the metabolic pathway should be considered a potential analog of GHB. Current federal GHB legislation does not include specific controls on 1,4-butanediol or gamma-hydroxybutyraldehyde. As previously stated, both of these are either currently being marketed as over-the-counter products pharmacologically similar to GHB, or just simply abused without marketing [8, 9]. Those areas which are currently experiencing a large level of GHB or GBL abuse should expect to see increasing abuse of the above two precursors.

PHYSIOLOGICAL GHB ANALOGS Besides those substances which are metabolized directly into GHB, there are several other possible GHB analogs. Bourguignon, Schoenfelder, et al performed binding studies on GHB analogs with regards to specific GHB binding sites in the body [10]. The results of their study list several substances which have either similar affinities for GHB binding sites or higher affinities for these sites when compared to GHB. Theoretically, those substances possessing similar, or even superior, affinity to GHB sites would also possess similar, or even superior, psychoactive effects. Figure 2 lists the names and structures of several of these substances. The results of the study indicate, “bioisosteric replacements of both the carboxylic acid or the alcoholic functions led to inactive compounds.” The 4-methyl and 4-phenyl analogs possess affinities similar to GHB. Of note, the study found that trans-4-hydroxycrotonic acid (T-HCA) derivatives, “were systematically more active than their GHB homologoues.” If the binding study results are any indication of psychoactive effects, then T-HCA and its analogs are far more potent drugs. If a simple means of synthesizing T-HCA and its analogs is discovered, then the door would be open for a whole new family of drugs of abuse. Bourguignon’s paper has already been discovered by kitchen chemists. An internet posting outlines a certain chemist’s discovery of “a novel GHB analog” [11]. The author describes the synthesis and self-reported effects of 4-methyl GHB. The author cited the above paper as the source of the information. Although there have not been any reported submissions of 4-methyl GHB for lab analysis, this demonstrates that abusers of GHB are willing to pursue potential analogs rather than abandon the drug. If there is a continued pursuit of GHB analogs, then a whole new group of compounds must be examined besides the analog of interest assuming similar metabolic pathways. Using 4-methyl GHB as an example, Figure 3 displays the metabolic route of this molecule and the various precursor chemicals which the body would theoretically metabolize into 4-methyl GHB. If 4-methyl GHB gains in popularity, then abuse of

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Figure 2. Compounds with GHB binding site affinity OH

HO

O trans-4-hydroxycrotonic acid (T-HCA) OH

HO O 4-methyl GHB

O 4-methyl T-HCA OH

HO

O 3-methyl T-HCA

OH O 4-phenyl GHB

OH

HO

O 3-methyl GHB

HO

OH

HO

OH

HO O 4-phenyl T-HCA

gamma-valerolactone and 1,4-pentanediol should certainly be expected unless serious health hazards occur with ingestion.

GABA Even though Bourguignon reported the neurotransmitter gamma-aminobutyrate (GABA) is not an effective GHB binding site antagonist, this compound still has the potential for abuse. Balch and Balch report that, “GABA can be taken to calm the body in much the same was as diazepam (Valium), chlordiazepoxide (Librium), and other tranquilizers, but without the fear of addiction.” When used with nicotinamide and inositol, “it prevents anxiety- and stress-related messages from reaching the motor centers of the brain...” [12] Other reports include “colorful and somewhat lucid dreams” as well as “an almost immediate feeling of well being” [13]. Numerous newsgroup postings can be found of past GHB abusers switching to GABA due to law enforcement efforts and being ultimately pleased with GABA’s effects. The significant barrier to the potential abuse of GABA as a GHB analog may be the selective rejection by the blood-brain barrier. It is reported that such a selective rejection normally reduces GABA effects to only peripheral (body) [14]. As seen in Figure 1, it can eventually be metabolized into GHB, but this is

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Figure 3. Proposed metabolic route of 4-methyl GHB

HO

OH

O

1,4-pentanediol

γ-valerolactone

O

HO

O

γ-hydroxypentanal

HO

OH

O 4-methyl-γ-hydroxybutyrate (γ-hydroxyvaleric acid)

O

OH

O 4-methylsuccinic semialdehyde

not usually significant depending on the metabolic needs of the individual. Abuse of GABA as an analog depends on the development of a means to increase its absorption. N-Methylation or N-acetylation are two possible avenues. The eventual abuse of any GABA-based analog would ultimately be determined by the ease of synthesis. Unlike their lactone counterparts, the body does not easily hydrolize lactams (cyclic amides)[15]. Wet lab procedures are much more difficult for lactam hydrolysis than for lactone hydrolysis. The usual basic hydrolysis must be conducted under more severe conditions. Hydrolysis may also be achieved by refluxing in an acidic medium [16,17]. The increased difficulty in reaction and subsequent extraction procedures may be enough to deter the average kitchen chemist.

CONCLUSION Ingenious GHB abusers may soon turn to various analogs to satisfy their addictions. With the potential for such analogs looming in the future, the forensic chemist should expect these

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analogs and have the necessary analytical data for identification. An upcoming article will detail the analytical data for several of the aforementioned analogs.

REFERENCES 1. 2.

21 U.S.C. 802(32)(A) “Haislip, GR. “Evolution of Designer Drugs.” Clandestinely Produced Drugs, Analogues and Precursors. U.S. Department of Justice. 1989. Pages 3-6. 3. Glennon, Richard A. Ph.D. “Synthesis and Evaluation of Amphetamine Analogues.” Clandestinely Produced Drugs, Analogues and Precursors. U.S. Department of Justice. 1989. Pages 39-65. 4. Fowkes, Steven W. “GHB Report to the California Legislature.” 5. Federal Register, Volume 65, No. 49, Monday, March 13, 2000, p. 13235 6. Smith, Pamela, DEA. Personal correspondence. 7. Smith, Pamela. “Clandestine Drug Laboratories.” Notes from presentation at Forensic Chemist Seminar. Fairfax, VA. March 1-5, 1999. 8. “Gamma Butyrolactone (GBL) and Gamma Hydroxybutyric acid (GHB) ‘Sleep Aids’ Products Warning.” FDA Press Release. May 1999. 9. “Man guilty of mislabeling drink that made 100 ill.” The San Diego Union-Tribune. November 4, 1997. 10. Bourguignon et al. “Analogues of g-Hydroxybutyric Acid. Synthesis and Binding Studies.” Journal of Medicinal Chemistry. 31(5). 1998. Pages 893-897. 11. http://www.lycaeum.org/drugs/synthetics/ghb/4-methyl-ghb 12. Balch, JF, M.D., Balch, PA, CNC. Prescriptions for Nutritional Healing. Page 38. 13. “Answers to commonly asked questions about GABA.” http://www.betterbodyz.com/library/babaquest.html 14. Fowkes, Steven. “The Emergence of GHB Alternatives.” Smart Life News. Volume 6, Number 9. October 1998. 15. Fowkes, Steven. “Questions and Answers.” Smart Life News. Volume 6, Number 5. March 1998. Page 6. 16. McMurry, John. “Organic Chemistry.” Brooks/Cole Publishing Company: Pacific Grove, CA. 1992. Pages 822, 823. 17. Jahnke, Tamera, Ph.D. Personal correspondence.

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CLANDESTINE LABORATORY CONTAMINATED PROPERTIES: ASSESSMENT AND REMEDIATION STRATEGIES BRUCE LAZARUS, C.I.H., R.E.H.S. Director of Industrial Hygiene Services Network Environmental Systems, Inc. Folsom, CA 95630

INTRODUCTION For more than two decades the United States has experienced a dramatic increase in clandestine drug laboratory activity. The number of illicit drug manufacturing laboratories seized by law enforcement agencies during the last several years has reached epidemic proportions. The U.S. Drug Enforcement Administration (DEA) documented over 3,300 federal, state, and local law enforcement seizures of clandestine laboratories during calendar year 1997. Controlled substances which have been clandestinely manufactured include methamphetamine, phenyl2-propanone (P2P), amphetamine, methcathinone, phencyclidine, phenethylamine, LSD, methylenedioxyamphetamine (MDA), methylenedioxymethamphetamine (MDMA), and fentanyl. Additional clandestine laboratory types include precursor and essential chemical production of phenylacetic acid (PAA), benzyl cyanide, and other chemicals. The diversity of laboratory types and manufacturing methods is daunting, but the current, overwhelming trend in the United States is the illicit production of methamphetamine, accounting for approximately 95% of all law enforcement seizures [1]. In addition to the criminal aspects and responder safety problems associated with clandestine laboratory activities, there are also environmental health hazard issues related to property contamination, abatement of environmental health hazards, and safe reuse/re-occupancy of affected sites. Covert transportation, storage, use, and waste disposal of hazardous chemicals associated with illicit drug manufacturing routinely results in indiscriminate chemical contamination of involved properties. The number of laboratories being operated, the covert actions of defendants, and the types of locations being used as cooking sites potentiates the public and environmental health implications of this situation. A majority of illegal drug laboratories are found in rental housing, motel rooms, vacation rentals, commercial building units, self storage units, campsites, remote farm acreage, and public lands, further compounding public health safety concerns [2]. The public health response to these environmental issues has been managed primarily at the local government level. Law enforcement agencies typically notify local or state health/ environmental protection departments after clandestine laboratory raids. These agencies then act, within the limitations of their individual agency legislative mandates and technical expertise. The salient issue central to this public health process, and germane to all involved public health agencies, is determining

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whether or not each property in question is chemically contaminated such that remediation and follow-up assessment is warranted before allowing property reuse/re-occupancy. Although health and environmental management departments are technically versed in clandestine laboratory hazards and related hazardous waste management regulations, limited guidance exists regarding acceptable contamination assessment methods for properties used as clandestine laboratories. Further, objective clean-up guidelines for chemical contamination associated with illicit drug manufacturing are lacking [3]. This is a growing problem for public health agencies as clandestine laboratory seizures increase and more properties, particularly housing and rental locations, become affected.

SCOPE OF PROBLEM The most practical approach to addressing potential environmental and public health concerns at clandestine laboratory sites is to perform a field contamination assessment. The goal would be to determine if and where contamination may be present, and whether or not any identified contamination is significant enough to warrant remediation prior to allowing reuse/re-occupancy of the site. This goal requires the adoption of recognized assessment procedures and remediation criteria. Lacking standardized assessment protocol, contamination assessments have historically ranged from summary visual inspections to complete analytical sampling and analysis studies. Further, remediation criteria used to date have also been subjective. Clearly, given the proliferation of clandestine laboratories and their associated contamination problems, there is a need to develop standardized assessment protocols and objective remediation criteria for adoption and use by agencies having the responsibility to address this public and environmental health issue.

ASSESSMENT CONSIDERATIONS Assessment protocols satisfactory to meet this public health need should include adopted sampling and analytical methods that are thorough enough to insure a low probability of declaring a property uncontaminated and therefore safe for re-use/ re-occupancy when contamination still exists sufficient to warrant remediation (i.e., low incidence of false negatives). Field procedures should be relatively simple and efficient, and all sampling and analytical methods should be defensible. Finally,

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION the method should be reasonably economical, requiring the minimum cost necessary to determine if remediation is required and/or if reuse/re-occupancy is allowable. To develop an assessment protocol, numerous parameters should be considered and stipulated including the types of samples to be taken (i.e. air, bulk material, surface wipe, soil, septic contents, and groundwater), and the number and location of samples appropriate for each assessment. The methods of sample collection and handling should also be established. Finally, the analytical test methods to be utilized, the target chemicals for analysis, and appropriate data quality objectives must also be considered. A key parameter, as indicated above, is defining the target chemicals to be analyzed per each assessment. This list should be selected from the precursors, reagents, solvents, catalyst and/ or end product chemicals associated with specific illicit drug type and manufacturing methods. A review of various manufacturing methods associated with manufacturing methamphetamine, the most predominant controlled substance currently being clandestinely produced in the United States, is essential to selecting target analytes. A summary of the common routes of synthesis currently observed in the United States for the illicit manufacturing of methamphetamine is provided below [4]. Ephedrine Reductions Hydriodic Acid or Iodine / Red Phosphorus Method Ephedrine reduction using 57% hydriodic acid or iodine and phosphorus. This is one of the two most common manufacturing methods currently encountered throughout the United States. Iodine and red phosphorus can be reacted to manufacture hydriodic acid in situ. Characteristic chemicals associated with this method include ephedrine or pseudoephedrine, hydriodic acid or iodine, red or white phosphorus, sodium or potassium hydroxide, a non-polar solvent such as diethyl ether, Freon, white gas, etc., and sulfuric acid and sodium chloride (used to generate hydrogen chloride gas), hydrogen chloride gas or hydrochloric acid. Sodium or Lithium Metal and Liquid Ammonia Method Ephedrine reduction using anhydrous liquid ammonia and lithium or sodium metal. This is the second most common methamphetamine method seized in the United States. Characteristic chemicals associated with this method include ephedrine or pseudoephedrine, anhydrous liquid ammonia, lithium or sodium metal, solvents including an alcohol and a nonpolar solvent, and sulfuric acid and sodium chloride (used to generate hydrogen chloride gas), hydrogen chloride gas or hydrochloric acid. Catalytic Reduction Method Ephedrine reduction using thionyl chloride, chloroform, hydrogen gas and a metal catalyst. This method is not common but is still occasionally encountered throughout the United States. Characteristic chemicals associated with this method include ephedrine or pseudoephedrine, thionyl chloride

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(or phosphorus pentachloride or phosphorus oxychloride), chloroform, diethyl ether, methanol or ethanol, palladium black, platinum chloride or Raney nickel catalysts, hydrogen gas or calcium hydride. Reductive Amination of Phenyl-2-propanone Phenyl-2-propanone (Aluminum Foil) Method Phenyl-2-propanone (P2P) is aminiated with methylamine and reduced in an alcoholic solution of mercuric chloride and aluminum foil. This method was common throughout the United States until the late 1980s when it was replaced by the ephedrine reduction methods. However, this method is re-emerging, possibly due to controls on the availability of ephedrine and pseudoephedrine and ongoing releases of defendants incarcerated during the 1970s and 1980s who are knowledgeable in this method. Characteristic chemicals associated with this method include P2P, PAA, benzyl cyanide, benzaldehyde, nitroethane, butylamine, thorium nitrate, N-methylformamide, methylamine, mercuric chloride, alcohol, aluminum foil, and hydrochloric acid. The range of illicit manufacturing methods illustrates the variety of chemical precursors, reagents, solvents, and catalysts routinely used or occasionally substituted in a process. The challenge is to select a target list of analytes considering both the commonality and differences between various illicit manufacturing methods. An appropriate assessment strategy should be consistent regardless of the illicit route of synthesis and at the same time specific to the manufacturing method encountered. Even when the lab type and/or manufacturing method may not be immediately identified, or knowledge of any chemical substitutions utilized at a given site is unknown, an assessment protocol should be able to adequately addresses these considerations.

ASSESSMENT TYPES Various approaches to clandestine laboratory site assessment have been proposed and/or utilized in the field. These various approaches fall into one of the three following categories: Survey This assessment method is characterized by a site inspection, documentation of visual observations, field verification of background information, direct read air monitoring instrument testing, and possibly field hazard categorization testing of selected bulk materials, soil, and/or other collected samples. This method has the advantages of being inexpensive and fast, requiring minimal field labor time. The principle limitation of this approach is that visual observations alone are not adequate to assess chemical contamination. Further, the use of portable field instruments is limited by their common inability to selectively detect and evaluate a range of clandestine laboratory site contaminates at quantitative levels sufficiently sensitive to be of

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Table I:

Vapor Pressures and Ionization Potentials for Commonly Encountered Clandestine Laboratory Organic Chemicals

Chemical

Vapor Pressure mmHg

Ionization Potential (eV)

Acetaldehyde Acetic acid Acetic anhydride Acetone Acetonitrile Acetylene Allyl chloride Ammonia Benzene Butylamine Carbon disulfide Carbon tetrachloride Chloroform Cyclohexane Dichlorodifluoromethane Ethyl alcohol Ethyldetate Ethyl ether Formic acid Hexane Isopropyl alcohol Methyl alcohol Methylamine Methylene chloride Methyl ethyl ketone Methyl isobutyl ether Morpholine Nitroethane Pentane Perchloroethylene Petroleum distillates Pyridine Tetrahydrofuran Toluene Trichloroethylene 1,1,1-Trichloroethane 1,1,2-Trichloroethane O-xylene

740 11 4 180 73 44.2 atm 295 8.5 atm 75 82 297 91 160 78 57 atm 44 73 440 35 124 33 96 3.0 atm 350 78 16 6 21 420 14 40 (approx.) 16 132 21 58 100 19 7

10.22 10.66 10.00 9.69 12.20 11.40 10.05 10.18 9.24 8.71 10.08 11.47 11.42 9.88 11.75 9.51 10.01 9.53 11.05 10.18 10.10 10.84 8.97 11.32 9.54 9.30 8.88 10.88 10.34 9.32 ? 9.27 9.45 8.82 9.45 11.00 11.00 8.56

1 Relative Response Factor (RRF) determined over the range 0–100 ppm, based on a 100-ppm isobutylene calibration. RRF = Instrument Response (MicroTip instrument, PHOTOVAC)

practical use for public health purposes. For example, even the use of photo or flame ionization detector instruments is limited by their poor selectivity characteristics, and by the wide range of ionization potentials associated with many of the common clandestine laboratory organic solvents [5, 6]. [Table 1] Also, the ability to detect volatile compounds in air at contaminated illicit drug laboratory properties significantly diminishes as the time delay between seizure and assessment increases. Volatile gases and vapors are likely to dissipate from contaminated properties relatively quickly and are therefore inadequate assessment indicators of potentially remaining

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non-volatile and/or semi-volatile contaminants. In a survey of third-party assessments of clandestine laboratory property sites conducted in 1999 by the author, field assessment work began on average more than two to four weeks after clandestine laboratory seizure. A time delay of this length makes airborne detection of acid vapors, ammonia, methylamine, phosphine, and other volatile compounds associated with clandestine laboratory activities by portable direct read instruments limited at best, and incomplete for assessing other contamination. This premise, however, should not be confused with organic chemical assessment of septic systems, soils, and other media where historical information and site conditions warrant laboratory sample analysis for organic compounds. These considerations suggest that in order to address the public health issues associated with property re-occupancy following illicit drug manufacturing activity, assessment strategies should consider direct contact, absorption, and ingestion, as the primarily routes of potential exposure for most potential site occupants, including infants and children. Finally, the use of traditional field hazard categorization testing techniques has been attempted for the post-seizure identification and characterization of residual chemical contamination at clandestine laboratory sites. This method of testing is arguably semi-qualitative in its ability to fully identify chemical species. In addition, field hazard categorization techniques lack the sensitivity appropriate for public health determinations of safe property re-occupancy/re-use. In addition, this method of testing is uniquely dependent on the skills, training, knowledge, and experience of the technician in the field and is subject to bias and error inappropriate for final public health decisions affecting property reuse/re-occupancy. A similar conclusion was reached by California State Environmental Protection Agency (Cal-EPA) in a 1993 demonstration study regarding the use of field hazard categorization methods for the evaluation of clean-up activities at clandestine laboratory sites [3]. Comprehensive This assessment method is characterized by extensive judgmental and random sampling of all media associated with the clandestine laboratory site. This rigorous and conservative approach is intended to capture all potential contamination conditions. Heavy emphasis is placed on data quality through statistical sample design and multiple exposure pathway evaluation. In a comprehensive assessment, samples could be taken of every surface and/or building material type in every location known to be or suspected of being associated with the clandestine laboratory [3]. In addition, all secondary media including septic systems, well waters, surface and sub-surface soils, and furnishing groupings suspected of being affected by site activities would be sampled and analytically tested. Finally, ambient atmospheres would be tested utilizing traditional industrial hygiene air sampling and analysis techniques. The value of this approach is in its thoroughness and the decreased incidents of false negative declarations made of

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION individual site conditions. The overwhelming disadvantage of this approach is the extensive cost associated with field time and analytical fees. Agencies should consider if the amount of data generated using this approach (and its associated cost) is required in order to determine if remediation is necessary. The argument is made that additional testing beyond minimal judgmental sampling for worst case is necessary in order to define the extent of remediation actions appropriate for individual sites. However, it may also be argued that the real issue should be deciding whether the added expense of extensive sampling and analysis should instead be applied to reasonable corrective actions based on appropriate assumptions as to the extent of contamination as characterized by the assessment. The public health implications of allowing property re-occupancy/re-use when contamination still exists (and presumed to pose an unfavorable risk to occupants) are considered unacceptable. However, the more salient approach may be to establish minimum sampling and analysis protocols necessary to determine the likely presence of contamination, reallocate limited funds to more thorough remediation efforts, and then use the same assessment parameters to evaluate the efficacy of clean-up work. An additional issue for the comprehensive assessment approach is the evaluation of air quality and contamination through traditional industrial hygiene air sampling and analysis methods. The obvious advantage of industrial hygiene sampling over the use of direct read instrumentation is the degree of specificity and sensitivity gained through analysis of collected air samples. The disadvantages of industrial hygiene sampling for clandestine laboratory property assessments include the following: ✔ The limited number of chemical compounds associated with illicit laboratory production for which a standardized analytical test method exists. ✔ The effects of latency between clandestine laboratory activity and the performance of air sampling. ✔ Consideration that air sampling data would not address exposures by other routes of entry (i.e., absorption and ingestion). ✔ The logistical and cost complications of sampling at several locations at a site for various chemicals requiring different collection methods. ✔ The limited ability to localize sources of contamination for developing a remediation strategy. Surrogate The surrogate method is based on analyzing wipe and bulk samples for selected analytes considered representative of the clandestine laboratory type and production method associated with the site [7]. Using this approach, a limited number of samples are taken from judgmentally selected locations throughout the clandestine laboratory site and analyzed for the target analytes. This design method attempts to balance the necessary cost burden of assessment activities against the public health need to ensure that no significant residual contamination is unknowingly

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allowed to persist uncorrected. The surrogate analyte approach is based on the following concepts: 1. There is a lack of test methods and available reference standards for many of the substances associated with clandestine laboratory activities. This situation prohibits the routine quantitative analysis of assessment samples for all reagents, solvents, precursors, catalysts, and known chemical intermediates and byproducts associated with each unique illicit manufacturing method. Further, even if this testing was feasible, the high costs associated with such laboratory work would make extensive analysis impractical and burdensome to affected property owners. 2. Some target chemicals tend to be more persistent in the environment, both in porous media and on non-porous surfaces, allowing for latent detection. 3. The presence and concentration variability of target chemicals assessed at laboratory sites is assumed to be representative of similar conditions for other remaining clandestine laboratory chemicals not specifically analyzed for owing to the reasons outlined above. This premise assumes that if the target analytes are detected in significant concentration, then other clandestine laboratory method specific chemicals not analyzed for are also present in concentrations of public health interest. Similarly, if the target analytes are not detected, or detected in very low concentrations, it may be inferred, following this presumption, that chemicals not analyzed for are also likely to be not present, or present in concentrations low enough not to be of public health concern. Although useful for current assessment practices, these assumptions define a data gap suitable for future study. The surrogate approach relies on obtaining a combination of bulk and wipe samples taken from building materials and surfaces in the affected property and having these samples analyzed for a small number of analytes characteristic of the clandestine laboratory manufacturing method known or suspected for the location being evaluated. When appropriate, based on the individual clandestine laboratory site, supplemental soil and/or septic samples may also be warranted.

SURROGATE PROTOCOL A. Sample Types A combination of wipe and bulk samples should be taken utilizing this protocol. Wipe samples should be taken of non-porous surfaces, whereas bulk samples should be taken of porous materials. Because most clandestine laboratories are associated with housing, the predominance of samples would be taken from indoor building media. Wipe samples should be taken of sealed concrete (garage floors), vinyl flooring, sealed wood surfaces, tile, Formica, bathroom fixtures, appliance surfaces, painted surface of good condition, etc. Bulk samples should be taken of unsealed or poor condition concrete and wood

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION surfaces, dry wall, painted surfaces of poor condition, carpeting, carpet padding, upholstery, septic waste, and soils. In some cases, particularly with painted surfaces, a decision must be made if a wipe sample or a bulk sample would be more appropriate to recover and identify potential contamination. To address error associated with mass loading of bulk samples, particularly from painted surfaces and drywall, it may be appropriate to obtain bulk samples using a surface scraping technique (i.e., scrape sample). B. Sample Locations and Quantities The need to include numerous physical locations at a clandestine laboratory site in an assessment may be in conflict with the desire to minimize unnecessary efforts and costs. In this situation, the public health need to ensure development of adequate scientific data sufficient to make reuse/re-occupancy decisions may be satisfied using the following guidelines for sample selection: ✔ Take one bulk or wipe sample from each major floor surface associated with each major area of the location suspected by history and/or visual observations as being potentially affected by contamination. When appropriate, related locations may be composite sampled. ✔ Take one bulk or wipe sample from each major wall surface associated with each major area of the location suspected by history and/or visual observations as being potentially affected by contamination. When appropriate, related locations may be composite sampled. ✔ Take one bulk or wipe sample from each major ceiling surface associated with each major area of the location suspected by history and/or visual observations as being potentially affected by contamination. When appropriate, related locations may be composite sampled. ✔ Take one wipe sample from each major home appliance or grouping of appliances (i.e., refrigerator, oven, microwave, dishwasher, washing machine, dryer, etc.) associated with each major location suspected by history and/or visual observations as being potentially affected by contamination. When appropriate, related items may be composite sampled. ✔ Take one bulk or wipe sample from each major cabinet, counter, and/or built-in feature grouping (i.e., kitchen cabinets, counters, vanities, etc.) associated with each major area of the location suspected by history and/or visual observations as being potentially affected by contamination. When appropriate, related groupings may be composite sampled. ✔ Take one wipe sample of each bathroom fixture or grouping of fixtures associated with each major area of the location suspected by history and/or visual observations as being potentially affected by contamination. When appropriate, related groupings may be composite sampled. ✔ Take one bulk or wipe sample of each major furniture grouping associated with each major area of the location when suspected by history and/or visual observations as

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being potentially affected by contamination. When appropriate, related groupings may be composite sampled. In establishing the number and location of samples at individual property sites, sampling of some locations or items may not be necessary if the need for remediation appears warranted based on observation, professional judgement and/or agreement of the parties involved. Examples where sampling may not be required in order to determine that remediation is necessary include fire-damaged surfaces, apparent direct chemical staining or damage, and/or obvious physical damage of an item or feature necessitating removal. However, testing in these situations may be necessary to compel abatement with non-cooperative property owners and/or to determine proper disposal of said materials as debris only or as regulated hazardous wastes.

COLLECTION PROCEDURES Wipe samples should be obtained using the following protocol unless otherwise instructed by the analytical laboratory [8]: ✔ Use 8 oz., wide mouth, borosilicate glass jars with phenolic screw top lids and Teflon liners. ✔ Prepare each sample by placing a 4” x 4” sterile gauze pad (or moisture-resistant Whatman filter paper) into each sample jar. Add 5 ml of deionized water to each pad and close the jar. ✔ Select the surface location to be sampled. ✔ Wipe a 100cm2 surface area, using a consistent wipe pattern technique (i.e., concentric circle pattern starting in the upper left corner and ending in the center of the area). Use a ruler to mark the boundaries of the area, or use a disposable paper template. ✔ Wear disposable nitrile or PVC gloves for each sample taken. Change gloves between samples. ✔ Squeeze excess water from the pad (back into the open jar) before wiping the sample area. ✔ Obtain separate wipe samples (i.e., separate jar and pad) for each individual analyte, including pH, to be analyzed by the laboratory. If multiple analytes are to be tested, then all wipe samples from a selected location should be of adjacent, contiguous surfaces. Do not re-wipe the same surface. ✔ Preservation of the samples for inorganic analysis is not normally required unless otherwise specified by the analytical laboratory. ✔ When appropriate, submit a sample blank consisting of a prepared sample jar taken to the field and returned to the laboratory for analysis. Bulk samples should be obtain using the following protocol unless otherwise instructed by the analytical laboratory: ✔ Use 4 or 8 oz., wide mouth, borosilicate glass jars with phenolic screw top lids and Teflon liners. ✔ Select the media to be bulk sampled.

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Table II:

Target Analytes Suggestions for Common Methamphetamine Manufacturing Methods

Manufacturing Method Red phosphorous

Methamphetamine (Controlled Substance)1 Modified EPA Method 8270 or HPLC-UV3

Ammonia

Modified EPA Method 8270 or HPLC-UV

Thionyl chloride

Modified EPA Method 8270 or HPLC-UV

Mercuric chloride

Modified EPA Method 8270 or

Hydrochloric Acid (Chloride)

Essential Chemicals (or by-products)2

Ephedrine by Modified EPA Method 8270 or HPLC-UV

EPA Method 300

Total Phosphorous by EPA 4 Method 6010 Iodide by EPA Method 300

Ephedrine by Modified EPA Method 8270 or HPLC-UV

EPA Method 300

Total Lithium by EPA 4 Method 6010 or Total Sodium by EPA 4 Method 6010 Total Ammonia by EPA Method 350

Ephedrine by Modified EPA Method 8270 or HPLC-UV

EPA Method 300

Total Nickel by EPA 4 Method 6010 or Total Palladium by EPA 4 Method 6010

Pheny-2Propanone by Modified EPA Method 8270

EPA Method 300

Mercury by EPA Method 7471

Precursor1

HPLC-UV Results for Modified EPA Method 8270 may be semi-quantitative depending on analytical laboratory capabilities. High cost of analysis may prohibit routine application. Select one or more analytes for sampling and analysis, based on property data and assessment needs. 3 U.S. Pharmacopoeia 24th Edition: Method 621, Official Monograph for Methamphetamine Analysis, 2000. 1 2

4

Metals analysis may also be performed by EPA Method 6020.

✔ Using an appropriate sampling tool/device, obtain a minimum of 30 g for each bulk sample unless the analytical laboratory specifies a different quantity of sample. ✔ Wear disposable nitrile or PVC gloves for each sample taken. Change gloves between samples. ✔ Unless otherwise specified by the analytical laboratory, multiple analytes, including pH, may be analyzed from single bulk samples representing each medium to be evaluated. ✔ Sampling tools/devices should be cleaned and triple rinsed with de-ionized water between each bulk sample or otherwise cleaned following a laboratory recommended protocol between each sample taken. ✔ For scrape samples of paint, etc., a polyethylene tray (or similar capture device) may be taped to the wall surface below the surface area to be scraped. Collect the sample in the tray and then transfer to the sample container. ✔ Preservation of the samples for inorganic analysis is not normally required unless otherwise specified by the analytical laboratory.

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✔ Bulk samples for organic analysis should be preserved at 4°C (usually applies to septic waste and subsurface soil samples recovered for volatile and semi-volatile hydrocarbon analysis).

TARGET ANALYTES Analytes specified for analysis should be selected based on individual association with specific clandestine laboratory manufacturing processes, expected persistence in the environment, usefulness of data interpretation, application of available testing methods, laboratory capabilities, and cost of analysis. See Table 2 for selected target analytes and test methods suggested for several common methamphetamine synthesis routes currently encountered in the United States (Note: This table should be used as a guide only; it may not be necessary to sample and analyze for every target analyte listed) [8, 9, 10]. Environmental samples may be analyzed for methamphetamine, other controlled substance, and precursors, using either EPA Method 8270 (Modified), or U.S. Pharmacopia Method 621. The EPA method is by GC/MS and has excellent

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION sensitivity and selectivity, but is very expense to perform, and may be cost prohibitive for most property assessments. The U.S. Pharmacopia method is by HPLC-UV, and therefore does not offer the same detection characteristics as the EPA method. However, with a sufficient number of standards run per sample test, HPLC retention time can be used as an indicator of the chemical species in the sample. This level of semi-speciation is adequate for assessment purposes because the remediation requirements for this group of clandestine laboratory related chemicals will be the same. Also, although the HPLC-UV method does not have the very low detection properties of GC/MS, methamphetamine, ephedrine and related compounds can be detected to 1 ug/wipe sample. This detection limit is also adequate for environmental property assessment needs.

ASSESSMENT CRITERIA In addition to applying an acceptable assessment protocol, there is a companion need to develop criteria for evaluating assessment findings. These criteria would be used to determine if a location meets a public health definition of contaminated such that corrective action would be recommended or required before allowing re-occupancy. The same criteria would also be used to evaluate the effectiveness of remediation steps and to validate that a location can be safely reused/re-occupied. Establishment of acceptable criteria for evaluating property assessment testing results is critical to public health objectives of abating environmental nuisances associated with clandestine laboratory sites. A number of clean-up criteria applicable to hazardous waste and environmental activities were reviewed for their application to the assessment and remediation of clandestine laboratory sites. See Appendices A, B, and C for a summary of criteria for representative chemicals associated with common illicit drug manufacturing methods [11, 12]. In general, these criteria are based on soil and/or groundwater clean-up activities, and are therefore useful when assessing environmental (i.e. water and/or soil) contamination at clandestine laboratory sites. However, these criteria, have limited application to most affected property situations where the predominant contamination is associated with interior building materials and their surfaces. Also, these clean-up criteria, with the exception of average soil background levels, are generally based on, or associated with, defined risk assessment models related to the media covered by the criteria. These models may not reflect clandestine laboratory unique exposure parameters (i.e. housing, rental locations, etc.) including that the principal pathway of exposure may be direct contact with contaminated building materials, and that the populations presumed to be of greatest risk in un-remediated properties are assumed to be infants, and children. The use of constituent background levels (i.e., analytes selected using the surrogate assessment methodology) in building materials may provide more appropriate and flexible criteria for clandestine laboratory property assessments given the likely pathways of occupant exposures. This approach assumes that levels of target

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analytes specific to particular clandestine laboratory methods should not exceed background levels for the surfaces or media assessed. Using this model, if target analyte levels in test sample exceed background levels, specific for different building materials and/or surfaces, then the surface or medium is presumed to be contaminated as a result of the illegal drug laboratory activity. One limitation to using background levels is the lack of constituent data for building materials and/or surfaces. A second limitation is that chemicals associated with clandestine laboratory contamination which are not analyzed for due to cost or analysis limitations are assumed to be present and at elevated contamination levels when target analyte levels are high, and are lower or not detectable when the reverse is true. A. Pilot Building Materials Study To investigate the use of background levels of selected target analytes (i.e., constituents) in building materials as a remediation criteria for clandestine laboratory property assessments, a variety of common building materials associated with housing construction were tested and analyzed. Target analytes selected for this pilot study were associated with the manufacturing of methamphetamine by reduction of ephedrine using phosphorus and iodine. This method and its variations share the common use of phosphorus, iodine, and hydrogen chloride gas or hydrochloric acid. B. Methods To evaluate background concentrations of phosphorus, iodine, chloride, and pH, as associated with the red phosphorus method of methamphetamine manufacturing, six representative building materials were selected for testing, including Formica, cement, dry wall, carpet, wood, and latex paint. These building materials were judgmentally selected as representing common indoor building materials and/or surfaces. For each type of material it was assumed that constituent levels of the target analytes might vary depending on the age and use of the material. Factors such as cleaning, use of cleaning products, cooking and food contamination, maintenance activities, etc., might affect building material constituent levels. Therefore, both new and existing building materials were selected for testing. New samples were obtained by purchasing a commercial amount of each type of material and then taking a laboratory bulk sample of the product for laboratory analysis. In addition, a set of installed, or existing, samples were taken from a single family residence known by documented ownership to be more the 25 years old and never to have been contaminated as a result of clandestine laboratory activity. Bulk samples were obtain using the following protocol described above (See Section V, C Protocol, above). All samples were analyzed as follows: ✔ pH by EPA Method 9040. ✔ Phosphorus by EPA Method 6010.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION materials of target analytes associated with clandestine laboratory production. Another limitation of the study was the consideration that building material constituents are likely different among manufacturers and between materials sold and used today versus materials Building Matrix pH Total Phosphorous Chloride Iodide manufactured and sold five to Installed Formica 7.38 200 94 ND twenty-five or more years ago. Another New Formica 7.56 64 57 ND Installed Cement 11.85 530 570 ND limitation is the lack of controls to New Cement 12.42 480 ND ND account for alternate sources of the Installed Dry Wall 7.31 250 220 ND tested analytes in the samples. New Drywall 7.78 ND 56 ND For example, it is presumed that these Installed Carpet 8.54 160 97 ND building materials contain phosphorus New Carpet 8.63 220 120 ND and chloride as normal constituents. Installed Lumber 4.32 ND 170 ND In addition, it must also be assumed the New Lumber 4.43 ND 41 ND commonly used household products Applied Latex Paint 6.95 1000 69 8.6 such as cleaning chemicals and garden New Latex Paint 6.98 120 190 ND fertilizers would be an expected source ND — Not Detected for these analytes in the building All results expressed in mg/kg materials. Even foodstuffs, table salt, and vitamins could be potential sources ✔ Iodide by EPA Method 300. of chloride, phosphorus, and/or iodide. A final limitation of this ✔ Chloride by EPA Method 300. study was that due to cost limitations, testing did not include analysis for ephedrine or methamphetamine. However, with the RESULTS exception of accidental contamination from over-the-counter First, although the pH values range from 4.32 for installed medications (ephedrine) and/or specific prescription medications lumber to 12.42 for new cement, the differences between new (methamphetamine), these constituents would not be expected in and existing materials appears insignificant, with the possible building materials. exception of new cement (12.42) and installed cement (11.85). The most potentially useful result given these limitations is Phosphorus concentrations ranged from not detectable for new the almost universal non-detection of iodide in the pilot study dry wall and both lumber samples to 1000 ppm for applied latex samples. Only the applied latex paint sample contained iodide paint. However, cement and carpet had new and installed (8.6 ppm). Therefore, it may be reasonable to infer that when phosphorus values of the same order of magnitude, and installed subjectively high levels of iodide are recovered in samples taken Formica and applied latex paint had values one order of magnitude from locations having a known history of clandestine laboratory higher than their respective new comparison samples. Similarly, activity using the phosphorus with iodine-reduction method, that phosphorus was not detected in the new dry wall sample but was the results are likely associated with chemical contamination identified at 250 ppm in the installed sample. For chloride, new from the clandestine laboratory. Iodine contamination may be and installed results were of the same order of magnitude for used as a surrogate for evaluating surfaces and materials in Formica and carpet. Installed cement had 570 ppm of chloride affected properties. A similar premise may be applied, with as compared to not detected in the new sample. Installed dry wall caution, to phosphorus, chloride, and pH levels. However, for and lumber had chloride levels roughly four times higher than these analytes, assessment test results should be significantly their respective new material comparison samples. New latex higher (example: one or more orders of magnitude higher) than paint had a chloride level approximately three times higher than the results reported in this study before one can infer clandestine the applied latex paint sample. Finally, iodide was not detected laboratory related chemical contamination. in any of the samples except for applied latex paint. See Table 3 Finally, this study only evaluated bulk samples for the identified for a summary of analytical results. building materials. During assessments of suspected contaminated properties, usually only porous materials are bulk sampled, DISCUSSION whereas non-porous materials are frequently wipe sampled. The obvious limitation is that it is not possible to directly compare Although this pilot study involved testing a small number of mass concentration data to mass per surface area test results. building materials and was limited to only one representative However, experience suggests that wipe sample total mass sample for both new and installed materials, the results provide a starting point for establishing background levels in building

Table III: Pilot Study Build materials constituent testing results Target analytes for the red phosphorous methamphetamine manufacturing method

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2000 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 10 NUMBER 2 — APRIL 2000

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION values should be three to four or more orders of magnitude less than the comparable mass concentration values of building material. When wipe surface mass values are higher, then the surface may be considered contaminated, potentially from clandestine laboratory chemical contamination. Additional research in this area, including building material testing for target analytes associated with other clandestine laboratory drug type and manufacturing methods, is needed.

CONCLUSION The surrogate assessment protocol meets the general assessment objectives for evaluating property contamination at clandestine laboratory sites. Every major surface and/or media in each general location suspected by history and/or observation as being contaminated is included in the sampling. The protocol utilizes generally accepted sampling techniques and validated analytical procedures. Field observations and sampling techniques are relatively simple and do not require sophisticated equipment. Also, depending on the number of samples taken and the range of tests specified, analytical costs should not be overly burdensome to affected property owners. The one exception to this premise is if multiple samples were to be quantitatively analyzed for methamphetamine, ephedrine and/or phenyl-2-propanone by the Modified EPA Method 8270, were costs may range from $200.00-300.00 per sample analysis. The proposed protocol incorporates procedures for both wipe and bulk samples, including bulk scrape samples, allowing field flexibility in sampling as wide a range of surfaces and media as could be encountered in different types of housing and other property situations. In addition, the protocol is based on the detection of non-volatile organic and inorganic chemicals, which are expected to be persistent in the environment for long periods of time after initial occurrence of contamination. Finally, because the protocol utilizes analytical test procedures, the data generated has sensitivity and selectivity advantages over direct read instrument assessment methods. The pilot study of building materials testing for target analytes associated with the hydriodic acid and red phosphorus method of methamphetamine manufacturing demonstrates that constituent levels of these compounds may be established for unaffected building materials and surfaces. This data, in turn, can be used for comparison when evaluating bulk and wipe samples taken during clandestine laboratory property assessments. Adoption and use of the surrogate protocol necessitates additional field studies including a larger sampling of new and aged building materials, and testing for constituent levels in building materials of target analytes associated with other common methamphetamine manufacturing methods.

VOLUME 10 NUMBER 2 — APRIL 2000

REFERENCES 1.

U.S. Drug Enforcement Administration, “Methamphetamine Situation in the United States,” Drug Intelligence Report, U.S. DEA, March 1996. 2. Joint Federal Task Force, The Cleanup of Clandestine Drug Laboratories: A Planning and Training Guide, Circle Solutions, Inc., McLean, VA, 1994. 3. State of California, Environmental Protection Agency, Department of Toxic Substances Control, Clandestine Drug Laboratories Cleanup Demonstration Program, Revised Final Report, (DEA Grant Award 90-DD-CX-0044), 1993. 4. Kalchik, M.F., and Ely, R.A., A Review of the Syntheses and Analyses of Phenyl-2-Propanone, Amphetamine, and Methamphetamine, Volume 1, Clandestine Laboratory Investigating Chemists Association, 1995, Part 4. 5. American Conference of Governmental Industrial Hygienists, Air Sampling Instruments for Evaluation of Atmospheric Contaminants, Eighth Edition, ACGIH, Cincinnati, OH, 1995, pp. 464–468. 6. National Institute for Occupational Safety and Health, Pocket Guide to Chemical Hazards, DHHS Publication No. 97-140, June 1997. 7. McKibben, Tim, et al., “Analyses of Inorganic Components Found in Clandestine Drug Laboratory Evidence,” Journal of the Clandestine Laboratory Investigating Chemists Association, Vol. 5, No. 4, 1995, pp. 19–33. 8. U.S. Pharmacopoeia, Official Monograph for Methamphetamine Analysis, Method 621, 24th Edition. 9. Skinner, Harry F., Oulton, S.R., “Identification and Quantitation of Hydriodic Acid Manufactured from Iodine, Red Phosphorus, and Water,” Journal of the Clandestine Laboratory Investigating Chemists Association, Vol. 5, No. 4, 1995, pp. 12–18. 10. U.S. Environmental Protection Agency, “Test Methods for Evaluating Solid Waste, Volume 1,” Laboratory Manual of Physical and Chemical Methods, SW-846, 3rd Edition. 11. Buonicore, Anthony J. (Editor), Cleanup Criteria for Contaminated Soil and Groundwater, American Society for Testing and Materials Data Series DS 64, Philadelphia, PA. 12. California Regional Water Quality Control Board, Central Valley Region, “A Compilation of Water Quality Goals,” Staff Report of the California Regional Water Quality Control Board, Central Valley Region, 1996.

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2000 - Clandestine Laboratory Investigating Chemists Association, Inc.

1

0.005 0.0005

Trichloroethylene

Vinyl chloride -

-

-

-

-

-

-

-

-

-

-

-

-

-

-

Secondary MCLs

10

0.002

0.005

0.005

0.2

1.0

-

-

-

-

-

0.1

0.005

-

0.005

Primary MCLs

0.02

-

-

-

-

0.04

-

-

-

-

-

-

-

-

-

Secondary MCLs

U.S. EPA

10

-

-

0.003

0.2

1.0

0.02

-

1.1

-

10

-

-

-

-

U. S. EPA

-

-

-

-

3.8

0.34

-

-

1.0

-

-

-

-

-

-

National Academy of Sciences

A Compilation of Water Quality Goals, California Regional Water Quality Control Board, Central Valley Region, July 1995 (updated April 1996)

1.75

0.005

1,1,2-Trichloroethane

Xylene

0.2

1,1,1-Trichloroethane

-

Naphthalene 0.15

-

Lead acetate

Toluene

-

0.005

-

0.1

0.0005

-

0.001

Formaldehyde

Dichloromethane

Dichlorodifluoromethane

Chloroform

Carbon tetrachloride

Benzyl chloride

Benzene

Primary MCLs

CA Dept. of Health Services

Health Advisories or Suggested NoAdverse-Response Levels (SNARLs) for Toxicity Other than Cancer Risk

APPENDIX A Water Quality Goals (mg/l)1 Applicable to Clandestine Laboratory Encountered Organic Chemicals

-

0.0015

0.025

0.005

-

3.5

-

0.0015

0.02

-

-

0.01

0.0025

0.002

0.0035

California Proposition G5 Regulato Level as a Water Quali Criteria

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

VOLUME 10 NUMBER 2 — APRIL 2000

VOLUME 10 NUMBER 2 — APRIL 2000

1

-

Phosphorous

Sodium

Sulfate

250

-

-

-

-

-

-

-

-

-

-

-

Secondary MCLs

400-500

-

-

-

10

-

0.015

-

-

250

-

-

Primary MCLs

-

-

-

6.5–8.5

-

-

-

-

-

-

-

-

Secondary MCLs

U.S. Environmental Protection Agency

250

-

-

-

-

-

-

-

-

-

-

0.037

Other Taste and Odor Threshold

-

2

0.0001-

-

-

-

-

-

-

-

-

30

U. S. EPA

-

-

-

-

10

-

-

1.19

-

-

-

-

National Academy of Sciences

Health Advisories or Suggested No-AdverseResponse Levels (SNARLs)

A Compilation of Water Quality Goals, California Regional Water Quality Control Board, Central Valley Region, July 1995 (updated April 1996)

-

-

Lead

pH

-

Iodide

45

0.2

Cyanide

Nitrate

-

Chloride

0.002

-

Carbon disulfide

Mercury

-

Ammonia

Primary MCLs

California Dept. of Health Services

APPENDIX B Water Quality Goals (mg/l)1 Applicable to Clandestine Laboratory Encountered Inorganic Chemicals

-

-

-

-

-

-

0.00025

-

-

-

0.3

-

California Proposition G Regulatory Lev as a Water Quality Criterion

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

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APPENDIX C Observed Range in Soil Samples for Selected Elements Associated with Clandestine Laboratory Activities1

1

Western United States th (west of 96 meridian)

Eastern United States (east of 96th meridian)

Observed Range

Observed Range

Iodine Potassium

0

62 93

31 30

2000 - Clandestine Laboratory Investigating Chemists Association, Inc.

40

50

60

70

80

90

100

110

120

130

VOLUME 10 NUMBER 3 — JULY 2000

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

MAPLE SYRUP AND 1,4-BUTANEDIOL LARA WALKER, D-ABC, CRIMINALIST California Department of Justice – Freedom Laboratory 440 Airport Blvd., Bldg. A Watsonville, CA 95076

The California Department of Justice Freedom Laboratory recently had an unusual 1,4-butanediol (1,4-BDO) submission. The sample was a thick brown liquid that had an odor of maple syrup and contained concentrated 1,4-BDO. 1,4-BDO can be considered an analog of gamma-hydroxybutyrate (GHB) because it coverts to GHB upon ingestion. It is therefore controlled under California’s analog law. Our laboratory standard ordered from VWR arrived as a crystalline solid that turned to a thick clear liquid when left at room temperature. Like GHB, it is also very hygroscopic. The following spectras were run on a GC/MS with a temperature program starting at 40°C [1]. When screening or identifying liquids for GHB and analogs, this laboratory commonly uses acid extracts in chloroform for GC/MS analysis (Fig. 1). GHB is insoluble in chloroform and can be converted to GBL with hydrochloric acid. A potential drawback of our screening procedure when analyzing 1,4-BDO (Fig. 2) is a gamma-butyrolactone (GBL) artifact (Fig. 3). It is important for our lab to distinguish between the two because GBL is specifically

Figure 1

listed as a Schedule II controlled substance in California. Although GBL appears in the spectra for the 1,4-butanediol standard at approximately 5% of the 1,4-BDO peak, an individual should be able to identify it as an artifact. GBL was not seen as an artifact in chloroform or methanol dilutions (Fig. 4, 5). When the GBL peak is more than 5% of the 1,4-BDO peak, a chloroform extract can be performed to isolate the two compounds.

FAST IDENTIFICATION OF LIQUID SAMPLES: By placing a thin film on a KBr disc, a relatively quick identification of GBL and 1,4-butanediol (Fig. 6) can be made with concentrated liquid samples using a FTIR. At this time there are no color screening tests for 1,4-BDO or GBL being used at this laboratory.

REFERENCE: 1.

Walker, Lara, “The Identification of the Potassium Salt of Gamma-Hydroxybutyrate”, CLIC Journal, Volume 9, Number 1, January 1999, pp. 17-21.

Acid extract into chloroform of 1,4-butanediol standard

Abundance 1800000

TIC: LW32A.D

2.92

1600000

1,4-butanediol

1400000 1200000

gamma-butyrolactone artifact

1000000 800000 600000 2.13 2.24 400000 2.49 200000 0 Time-->

3.00

4.83

4.00

VOLUME 10 NUMBER 3 — JULY 2000

5.00

6.00

7.00

8.00

9.00 10.00 11.00 12.00 13.00

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Figure 2

1,4-Butanediol standard mass spectrum

Abundance 31

320000

Average of 2.891 to 2.917 min.: LW32A.D 42

280000 240000 200000 160000 29

120000

27

80000 40000 0 15

m/z-->

Figure 3

39

23 20 20

55 45 49 53 51

33 37

25 25

30

35

71

57

40

45

50

55

83 60 60

85

69 65

70

75

80

85

gamma-Butyrolactone artifact from acid extract of 1,4-butanediol standard

Abundance Average of 2.478 to 2.486 min.: LW32A.D

28

40000 35000 30000 25000 20000

42

15000 32

10000 5000 m/z-->

PAGE 14

0 15

26

37

22 20

40

34 25

30

35

56

83

44 47 40

45

50

55

2000 - Clandestine Laboratory Investigating Chemists Association, Inc.

60

65

70

75

80

86

85

VOLUME 10 NUMBER 3 — JULY 2000

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Figure 4

TIC of chloroform dilution of standard 1,4-butanediol

Abundance 1600000

TIC: LW31B.D

2.90

1,4-butanediol

1400000 1200000 1000000 800000 600000 400000 200000 Time-->

Figure 5

0

3.00

4.00

5.00

6.00

7.00

8.00

9.00 10.00 11.00 12.00 13.00

1,4-Butanediol standard mass spectrum

Abundance 31

280000

Average of 2.878 to 2.903 min.: LW31B.D 42

240000 200000 160000 120000

29

80000 39

40000 m/z-->

0 15

20 23 20

26

25

33 37 30

VOLUME 10 NUMBER 3 — JULY 2000

35

40

71

57 45 49 515355

60

45

60

50

55

63 65

83

69 70

75

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80

85

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Figure 6

1,4-Butanediol standard infrared spectrum, thin film on a KBr disc

100 95 90 85 80 75 70 65

%Transmittance

60 55 50 45 40 35 30 25 20 15 10 5 0 4000

3500

3000

2500

2000

1800

1600

1400

1200

1000

800

600

Wavenumbers (cm-1)

PAGE 16

2000 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 10 NUMBER 3 — JULY 2000

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 10 NUMBER 4 — OCTOBER 2000

IN THIS ISSUE ... Letter to the Editor ........................................................................................ 2 Chemist To Plead Guilty To Faking Drug Evidence .................................... 3 Ecstasy Changes The Fight Against Drugs ................................................... 4 Lab Seizures .................................................................................................. 6 Clandestine Drug Laboratories: Impacts And Outcomes Of State And National Training Initiatives ........................................... 11 M. John White, M. App. Sci.

Association Officers President: Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284 Vice-President: John Hugel Health and Welfare – Canada 2301 Midland Ave Scarborough, ON M1P 4R7 CANADA (416) 973-2146 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (316) 792-4353 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main St Ste 700 San Francisco, CA 94105-2018 (415) 744-7051 Past-President: Catherine Wojcik San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200

2000 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Executive Board Members: Eric Lawrence Indiana State Police Laboratory 8500 E 21st St Indianapolis, IN 46219-2598 (317) 899-8521 Gina Williams San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LETTER TO THE EDITOR

1.

PHOSPHINE GAS EXPOSURE TO LATENT PRINT SPECIALISTS – THE HIDDEN DANGER

2.

In the October, 1999 issue of the Journal of the Clandestine Laboratory Investigating Chemists Association (Volume 9 Number 4), author Ron Gravitt opined about the causes of injuries sustained to two latent print examiners assigned to support the investigation of a meth lab seizure in Orange County, California. It is instructive to look at the facts of this incident. 1.

2.

3.

4.

A hazardous level of phosphine gas was still detected at the scene by two qualified clan lab chemists using California Department of Justice/Bureau of Narcotics Enforcement Toxi-Rae equipment after the scene was thought to be adequately vented. Unlike any other participant at a clan lab seizure, latent print examiners typically get within inches of the surface which is being processed for latent fingerprints in order to critically examine whether latent prints are present. In this seizure, the examiners almost immediately felt symptoms of chemical inhalation. Within twenty-four hours the individuals were diagnosed as exposure consistent with phosphine gas exposure. One individual was so severely exposed that she was required to undergo evaluation, examination and testing by several doctors. In particular she was treated by a doctor specializing in environmental toxicology. He concluded that the likely cause of the exposure was phosphine gas. This individual has remained symptomatic for chemically induced asthma for many months subsequent to the exposure.

A panel of experienced clandestine laboratory scientists, specialists and investigators reviewed this exposure in order that it would never be repeated. Several lessons gleaned from this review included:

3.

4.

5.

Have extreme confidence among the clan lab team members to insure that all areas of a clan lab scene have been tested for gas concentrations before and after entry. Be cognizant that latent print examiners work closely with reaction vessels. By the very nature of their task, Level C and D protection may not be useful for this type of fingerprint examination. Latent examiners must closely view latent print detail to evaluate its presence and usefulness. Reaction vessels should always be assumed to be a toxin risk. Any indication of potential exposure to a dangerous substance must not only be quickly treated, but subsequent follow-up examinations must be referred to a qualified health professional in the area of chemical exposure. No investigation is worth the health of the examiner. If a member of the Clan Lab Response Team believes that safety is being compromised, that individual will not be required to participate in the investigation. The examination of vessels for latent prints will not be done unless the exposure to the products in that vessel is eliminated. If any member of the response team notes an odor, spill or other indication of danger, the scene should be evacuated until exposure levels are re-evaluated.

Clandestine laboratory seizures have the potential for harm. By controlling the factors which compromise safety, chemists, latent print examiners and investigators can minimize that harm to the public and themselves. However, we should remember that the potential for harm always remains. I want to thank Forensic Scientist III Curtis Heye, with my office, for his help with this communication. Frank Fitzpatrick, MPA Director Forensic Science Services Orange County Sheriff Department Santa Ana, CA

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes ............................. OSP Forensic Laboratory – Portland, OR ................................................ (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab – Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................DEA Special Testing and Research Lab – McLean, VA ......................... (703) 285-2583 O. Carl Anderson ..................... Kansas Bureau of Investigation Lab – Great Bend, KS ........................... (316) 792-4353 Jerry Massetti ........................... CA Criminalistics Institute – Sacramento, CA ........................................ (916) 227-3575 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452 Peter Vallely ............................ J. Tonge Centre for Forensic Science - Brisbane, Australia .................... 617-3274-9031

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VOLUME 10 NUMBER 4 — OCTOBER 2000

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CHEMIST TO PLEAD GUILTY TO FAKING DRUG EVIDENCE LAWRENCE MESSINA, STAFF WRITER The Charleston Gazette Friday September 29, 2000 A civilian chemist placed on leave from the State Police crime lab’s now-closed drug section will plead guilty to a felony charge alleging he faked tests on drug evidence, federal prosecutors announced Thursday. Todd Owen McDaniel, 31, skipped preliminary tests on suspected marijuana evidence at the lab’s Drug Identification Section from 1993, after he started at the lab, until he was placed on leave Sept. 8, U.S. District Court filings in his case said. McDaniel, of Charleston, also failed to perform similar tests on suspected crack cocaine evidence in at least five cases between July and August, the filings by prosecutors said. McDaniel has agreed to plead guilty to a charge alleging he mailed a lab report to the State Police detachment at Hamlin in February 1998 which concluded “a positive identification of marijuana” on drug evidence that he knew “was false and misleading in that he had not performed all of the tests required.” McDaniel engaged in “a scheme to defraud the state of West Virginia and its citizens of his loyal, honest and faithful services,” U.S. Attorney Rebecca Betts said at a news conference Thursday. Prosecutors filed a type of criminal charge called an information Thursday along with a motion asking a judge to set a plea hearing for McDaniel. Filed in lieu of a grand jury indictment, an information indicates that a defendant has reached a plea agreement. Betts’ news conference outlined the case against McDaniel and put it in context. In the wake of the drug lab’s shutdown and investigation, both state and federal drug investigations have been disrupted. With the investigations under wraps, lawyers and court officials know little of what forced the drug section to close. The State Police and FBI have been separately investigating the drug section’s work. “The United States does not at this time possess evidence that any controlled substance has been falsely identified as a result of the analyses conducted by Mr. McDaniel or anyone else in the drug section,” Betts said, adding that the investigations continue. McDaniel and his lawyer did not return messages requesting comment Thursday. McDaniel has not responded to repeated

VOLUME 10 NUMBER 4 — OCTOBER 2000

requests for comment since the Gazette identified him last week as the subject of scrutiny at the lab. He is not in custody. Following Thursday’s charges, lawyers who represent people charged with federal drug crimes say they still feel in the dark about what happened at the lab. “If the investigation is ongoing, why should we be completely satisfied that there were not false identifications? “ asked First Assistant U.S. Public Defender Ed Weis. “We just don’t have any information with which to either disagree or agree with that conclusion. Without complete access to all of the information, I cannot make an independent judgment that the drug identification and weights are accurate.” The drug section tests nearly all of the drug evidence seized in West Virginia in both state and federal drug cases. Preliminary tests check evidence for the presence of drugs, and more sophisticated tests confirm positive results. The lab’s tests also assess purity and weight of drugs. The section handled evidence from 4,488 cases last year. McDaniel sparked the investigations and shutdowns when a trooper colleague found Sept. 7 that he was listing that he had performed more tests in a given day than could reasonably be performed, the Gazette has been told. McDaniel was placed on leave the next day. State Police officials contacted the FBI, and the investigations began. The lab was closed and its four remaining staff - three troopers and a civilian - were placed on paid leave Sept. 14. The investigations prompted Betts to ask a judge to initially postpone most hearings for drug cases, filing a written request that was then sealed. Those suspended cases have since been put back on the court’s calendar. The request was unsealed Thursday. “Essentially, there has been credible evidence to indicate that at least one of the chemists in the West Virginia State Police drug analysis laboratory has falsified results of drug analysis,” the request said. “Further investigation needs to be conducted in order to determine whether the results of the analysis are valid.”

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ECSTASY CHANGES THE FIGHT AGAINST DRUGS MIKE MCPHEE Denver Post Staff Writer Oct. 2, 2000

AMSTERDAM, Netherlands - When the Denver office of the Drug Enforcement Administration received a call from Frankfurt, Germany, the federal agents learned that their world had changed. German customs officers had discovered a package, one of seven containing a total of nearly 1 million ecstasy pills with a street value of $25 million, being shipped from Holland to Spain, up to Frankfurt, and then to a startling location in the United States: Provo, Utah, population about 100,000. A smallish Western city had become enmeshed in the multinational and complex supply lines for the wildly popular party drug, which is manufactured primarily in Holland and has involved Israeli organized crime members, drug couriers recruited from the ranks of strippers and Hasidic Jews, American mobsters, Chinese chemical companies and dozens of transfer points around the globe. As the Provo connection and other developments show, the West is entering a new world based on a new drug. “It (Provo) really raised our awareness level,” said Tom Ward, assistant agent in charge of the DEA office in Denver, which oversees Colorado, Utah, Wyoming and Montana. “Ecstasy and the related club drugs have become the DEA’s top priority,” said Jim Craig, another assistant special agent in charge of the Denver office. Narcotics agents, familiar with kilos of cocaine and heroin in rough parts of town, now are entering a new world of warehouse rave parties and after-hours techno nightclubs. Many of the biggest busts in the past have been on the East and West coasts, including just this year 101,000 pills seized in Boston, 800,000 on Long Island, N.Y., and 2.1 million in Los Angeles. Not much has been seized yet in Colorado, Ward said. The Metro Drug Task Force in April scored its first sizable ecstasy bust in the Denver area, arresting James Shirley, Joseph Rae and Cassie Porter at the Sheraton Hotel in Lakewood for selling 3,000 tablets to an undercover agent for $16 each. Officials said the pills came from Holland, through New York, Houston, Phoenix, then Denver, but refused to provide more details. In a resurrection of lurid Mafia lore, Sammy “The Bull” Gravano, the former hit man who testified against mob boss John Gotti, was arrested in Phoenix in February in connection with a drug ring selling up to 30,000 hits of ecstasy a week. And in Boulder, police dismantled a small ecstasy lab in April before it could begin operation. Ecstasy, which in four years has become the drug of choice for the 20s and 30s nightclub set around the world, has changed the

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rules of smuggling because of its source, its market and the enormous profits that can be made. During the Provo incident in February, agents realized they were up against clever, sophisticated smugglers who were moving the drug from city to city by shipping it through Federal Express. “We knew we had to act quickly,” said Ward of the DEA. “These smugglers are savvy enough to know that if a FedEx or UPS package is delayed, even one day, there’s a reason for it. They will refuse delivery.” In Utah, DEA agents put electronic tracking devices on three of the packages and followed them as the Provo recipient forwarded them to a man in Los Angeles. He was arrested with more than 100 pounds of ecstasy, one of the largest busts to date in the United States, said Ward. Ecstasy, whether in Provo, Denver or Amsterdam, has posed an enormous challenge to law enforcement. “All the players are different than what we’re used to,” U.S. Customs Commissioner Raymond Kelly told a symposium of law enforcement officials from 22 countries last month in Virginia. “It’s changed our institutional mindset.” Ecstasy, which is taken in a pill about the size of aspirin, is virtually impossible for law enforcement officers to find except in large quantities. “The problem with club drugs is that they are so easy to hide,” said Ward. “If it’s a private party, like a rave, the police can’t search without probable cause. One thing they do is to mix ecstasy pills into a grab bag of M&Ms. For $20, you can reach in a grab a handful and hope for the best.” The profits are enormous, with pills being manufactured for about 20 cents a piece and sold to users for $25 to $30 each. The drug is common at dance parties known as raves. It’s been used recently at latenight clubs in Lower Downtown Denver and a party in a remote equipment shed on the Eastern Plains. The drug gives a sense of euphoria, but authorities say it can cause brain damage. “Raves are really a dilemma for us,” said Lt. Curt Williams of the Metro Denver Drug Task Force. “We don’t want to give the impression we’re out to stop dance parties. But we’re not soft on drugs. Those kids are so young it’s hard for narcs to get inside. It’s pretty new ground for us. Smugglers try hard to blur their trail. “We’re finding now that ecstasy made in Holland are shipped anywhere, to Spain, to Eastern Europe, before they come to America,” Dean Boyd, U.S. Customs spokesman in Washington, D.C., said in an interview. “We’ve even found shipments going to Suriname, a former Dutch colony in South America. Anything to throw us off.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “Australia has had enormous problems with ecstasy. And now it is showing up in Indonesia ... and the Philippines.” In the United States, law enforcement is just getting wise to the drug. Only recently were the first batch of ecstasy-sniffing dogs trained for customs agents. “We’re definitely playing catch-up,” said Ward. Not only are the routes different, the smugglers are different too. For reasons no one has defined, the Israeli underground has become the dominant player in smuggling ecstasy internationally. They are the aristocrats of smugglers, rarely resorting to violence, operating quickly and efficiently as commodity brokers who never take possession of the drug. Agents say cocaine and heroin smugglers typically use couriers within their organizations to transport the drugs. International authorities, led by Dutch National Police, dismantled a large ecstasy ring this year led by Sean Erez, a 29-year-old Israeli with Canadian citizenship living in Amsterdam who used Hasidic Jews from the Williamsburg district of Brooklyn and from other New York towns to smuggle the pills in from Paris. Shimon Levita, an Orthodox Jew from Brooklyn, testified that he recruited for Erez. He received $2,000 from Erez for each courier, then paid them $1,500 each for bringing in between 30,000 and 45,000 pills, according to published reports. Levita pleaded guilty and received a 30-month sentence in a federal boot camp. Erez is in Holland fighting extradition. Another Israeli, Jacob “Cookie” Orgad, 44, who ran a large ecstasy smuggling ring in Los Angeles for two years, was busted by DEA agents in June and charged with masterminding the smuggling of 9 million pills into the United States, using at least 30 couriers. Some of them were strippers. Others were poor families from Texas and Arkansas who would be given conservative clothes and taught how to act while clearing customs in U.S. airports. In July, DEA agents busted an associate of Orgad, Ilan Zarger, and charged him with running one of the largest ecstasy distribution centers in Manhattan, allegedly moving 700,000 pills in the New York area just this year. Zarger, overheard in a wiretap, claimed his organization was being protected by the Russian Mafia. “The Israelis have a very good intelligence network around the world,” said Dutch National Prosecutor Jans Pieters in an interview with The Denver Post. Pieters heads a 60-person staff focused on synthetic drug manufacturing and smuggling.

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“They also know you can make a lot of money with ecstasy. The Russians have become involved, more with providing protection. They also are involved with providing the (drug) precursors, which are manufactured in Eastern Europe, Russia and China. “The former Soviet Union has a very strong chemical industry and is politically unstable, which makes it easy for criminals. There is a big new market in Eastern Europe now for manufacturing ecstasy. And the Russian Mafia is very strong.” The market for ecstasy is growing exponentially, based on smuggling activity and seizures. In 1998, U.S. Customs seized 750,000 pills coming into the United States. In 1999, that figure shot up to 3.5 million. So far this year, some 8 million pills have been seized by U.S. authorities. Along with the big smuggling operations, authorities are beginning to see the sprouting of “bathtub” labs, small manufacturing operations in bathrooms and basements. The Boulder Drug Task Force recently dismantled a small lab two blocks from the University of Colorado campus. Sgt. Jim Smith said the lab was ready to go but that no finished ecstasy was found. The large labs in Holland are capable of producing 300,000 to 500,000 pills per week, with large stamping machines that mold the powder into pills with little logos on top, such as cars, cartoon characters and letters. The DEA tries to identify the pills based on the grooves left on the sides by each stamping machine, similar to ballistics tests used to identify firearms. “We call it “pillistics’,” said Larry Hedberg of the Denver DEA. Authorities say the appearance of small labs is a troubling development because of the lack of predictability and quality of ecstasy and for the risks of small-time users getting involved in the dangerous business of drug dealing. Another concern is the generation of drugs coming after ecstasy. Dutch police say they have begun spotting a variety of “club” or “party” drugs. “People are always experimenting,” said Pieters. “A lot of them are trying to make the “ultimate’ drug.” Examples of those include 2C-B, also known as nexus or venus; and 4-MTA, also known as flatliner or golden eagle. DEA reports that a quantity of nexus was seized this summer in Richmond, Va., the first in the country.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LAB SEIZURES PHOSPHINE GAS DETECTED IN PRESSURE COOKERS; CHEMIST EXPOSED Two recent methamphetamine laboratories seized by the Washington State Patrol Clandestine Laboratory Team detected phosphine gas in pressure cookers being used to heat reaction mixtures in the red phosphorus iodine reduction of pseudoephedrine. The first lab was responded to only by agents. When the suspect was arrested, he had a timer that went off while in custody. After questioning him about it he admitted there was a lab in his home. When the lab team arrived, the pressure cooker was still on heat when they arrived (a small flame on a Coleman stove was overlooked by the team that secured the area initially). The agents were dressed in SCBAs. The lab team let it cool off, released the valve and got a Drager tube reading of 2 ppm. They let it sit and air out after the reading. Upon opening they noted that all the jars inside were broken. I responded to the second laboratory to assist the agents. I was almost finished taking samples when to agents found a jar and a pressure cooker. We were wearing suits and MSA air purifying respirators with MSA stacked cartridges (#GME-H) during the examination. When I released the seal on the jar to sample it, a white cloud of gas came out. As I walked away, I had a slight garlic taste in my mouth. It was obvious the jar had come from the pressure cooker. About 5-10 minute after opening the jar, I used a Drager tube to test for phosphine gas and got a reading of 1 ppm. After going through decontamination procedures and getting out of our gear, I experienced a very painful headache that lasted about 10 minutes. About 4-5 hours later, I became nauseated (and all the fun stuff that goes with that!) and, that night, I got stomach cramps. I felt nauseous for about 3 days after the lab seizure. I went to my doctor and had blood work done. The doctor indicated the phosphine gas attacks the hemoglobin and affects the metabolism of the hemoglobin, as well as attacking the kidneys and liver. I am happy to report I am fine now. Tami Kee WSP Crime Laboratory Tacoma, WA

LSD ON SWEETTART CANDY, HYPERTENSION MEDICATION The Texas Department of Public Safety Crime Lab in Lubbock has recently received four separate submissions of white powder and/or “rocks” suspected as cocaine. The Marquis gave a red color and the Scott gave a blue with acid, the mass spec identified verapamil (heart medicine). The retention time is about the same as LSD.

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We have had four other submissions of “SweetTart” tablets that have areas which appear to have been dripped on and recrystallized. LSD was confirmed in each submission with each tart containing between 100-130 micrograms. Scott Williams TX DPS Lab – Lubbock

LAB SEIZURES IN VICTORIA, AUSTRALIA The Victoria Forensic Science Centre Clandestine Laboratories Team was involved in the investigation of 11 clandestine drug laboratories manufacturing methamphetamine from January, 2000 to September, 2000. There was also a tableting operation involving at least two 16 stage tablet presses. The methamphetamine laboratories included the following: ✔ Three ‘Nazi’ processes using sodium as the alkali metal. One of these was detected after a fire in the shed where the synthesis was taking place. A fourth incident involved storage of anhydrous ammonia in a 500ml glass ‘Schott’ bottle. ✔ Three were pseudoephedrine reacted with hydriodic acid and red phosphorus processes. One of which was a large scale enterprise involving two 20 litre ‘cooks’ and the use of a large fume cupboard. Another was a laboratory inside a roof cavity. ✔ Two used the reaction of pseudoephedrine with hypophosphorus acid and iodine. ✔ One indicated that reductive amination of P2P was employed. ✔ The eleventh was an extraction of pseudoephedrine from tablets. There was no indication how the methamphetamine was to be synthesized. ✔ The tableting operation yielded approximately 100,000 tablets many bearing logos meant to mimic ecstasy tablets. Most contained methamphetamine in conjunction with other drugs including ketamine, ephedrine(s) and heroin, some contained MDMA. There were two 16 stage Manesty presses, more than 300 metal punches bearing a total of 18 different logos and 16 metal dies. Mike Perkal Victoria Forensic Science Centre – Australia

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VOLUME 10 NUMBER 4 — OCTOBER 2000

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION WISCONSIN LAB ENCOUNTERS MDMA TABLETS The Wisconsin Crime Laboratory in Madison, Wisconsin has recently received and analyzed tablets containing 3,4-methylenedioxymethamphetamine (MDMA). The most recent sample were round white tablets single-scored on one side and the number 8½ on the other side. Other tablets recently analyzed with MDMA were: Markings X: Off-white mottled tablets Markings Y2K: Round white tablets Unmarked tan tablets Green shamrock shaped tablets Robert Block WI State Crime Laboratory – Madison

POSSIBLE LSD LAB UNCOVERED IN MICHIGAN A drug task force executing a routine seizure of marijuana in the Grand Blanc, MI area inadvertently seized boxed chemicals and glassware which could be used in the manufacture of LSD. Among the items seized were 450 grams of Claviceps purpurea (ergot), potassium hydroxide, tartaric acid, phosphorus trichloride, benzene, activated alumina, and various solvents and acids. Although currently under investigation, the principal suspect in the case is apparently deceased and no charges are expected to be filed in the case. No laboratory analysis has been performed as of this date. Chris Bommarito Michigan Sate Police E. Lansing Laboratory

HYDROGEN CHLORIDE CYLINDER MANUFACTURE IN CENTRAL CALIFORNIA I recently had the rare opportunity to speak with a suspect while processing a clandestine laboratory in the City of Merced in Central California. He admitted to reprocessing lab trash that he obtained from “The Mexicans”. Large-scale methamphetamine laboratories believed to be associated with Mexican drug cartels are common in the area. The evidence observed at the scene was consistent with his confession. It included several bi-layer solutions consisting of camp fuel containing methamphetamine over a basic (pH 14) aqueous layer containing red phosphorus and sodium hydroxide. The suspect also admitted to cleaning up used red phosphorus for resale. He stated that he simply rinsed it in acetone, allowed it to dry, and sifted it through a kitchen strainer. He claimed that the resulting red phosphorus looks very similar to virgin red phosphorus and that he sold it back to large-scale laboratories for $400 per pound.

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Of particular interest was the suspect’s description of his manufacture of hydrogen chloride cylinders. Recently it has become increasingly common at large scale laboratories in our area to see hydrogen chloride cylinders that are not marked as such. These cylinders are typically marked to contain oxygen, but have the telltale attached tubing with methamphetamine residue that suggests that they contain hydrogen chloride. According to the suspect, he uses only oxygen, argon, and oxide (nitrous oxide?) cylinders for conversion to hydrogen chloride containers because they have a Teflon coating inside. He specifically said that acetylene tanks are not suitable, because the acetylene residue interferes with the hydrogen chloride reaction. The valve is removed from a suitable full size cylinder and forty pounds of non-iodized salt (rock or granulated) is added, filling the cylinder approximately ¾ full. Then he replaces the valve, adds one gallon of sulfuric acid from a pressurized container, and closes the valve immediately. He claims that the result is approximately 2000 PSI of good quality anhydrous hydrogen chloride gas. He admitted to selling a number of these cylinders to “The Mexicans” for $4000 each. He stressed that he always admonished the purchasers to use to contents of the cylinder within 30 days. It was his opinion that after that time the hydrogen chloride would begin to attack the walls of the cylinder and it was only a matter of time before it became a “shrapnel bomb”. Ron Welsh CA DOJ Central Valley Laboratory – French Camp

MIDWEST CONFERENCE SEEKS METHAMPHETAMINE STRATEGY On August 29, 2000, Illinois Governor George Ryan convened a summit designed to help prevent methamphetamine production and use. In attendance were approximately 100 representatives from Illinois, Indiana, Iowa, Missouri, Kansas, South Dakota, Nebraska, North Dakota, Ohio, Wisconsin, and Minnesota. The conference was presented by the Midwestern Governors Council. Brining together policy makers and public safety officials, the need to develop a stronger and more comprehensive strategy for dealing with the methamphetamine problem was discussed. Speakers included Director Nola, Illinois State Police; Governor Ryan of Illinois; Governor Carnahan of Missouri; Stephen Hill, US Attorney; Lisa Bynter, US Environmental Protection Administration; Kurt Schmidt, HIDTA Director; and Robert Wicklund, El Paso Intelligence Center (EPIC). A “best practices” round table discussion was held with participants discussing various strategies. It was decided by the group that additional, more detailed discussion should be held in the near future bringing together experts in various areas to hammer out a detailed plan for the annual Governors meeting in February. A preliminary conference resolution was drafted

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION acknowledging the extreme public health emergency, the need for immediate government action and the importance of information sharing.

DRUG LAB, ARSON AND HOMICIDE On August 3, 2000, members of the Indiana State Police were fired upon by a suspected cook while serving a search warrant on a suspected drug lab. Retreating from the residence, a barricade standoff situation developed. Detecting the strong odor of ether, the State Police Drug Team were called to the location. After firing non-incendiary gas canisters into the residence, the cook set fire to the property using various solvents. With the trailer ablaze, the suspect came out with a firearm threatening the surrounding police officers and was fatally wounded. The subsequent examination of the property necessitated the coordination of three types of investigations: drug manufacturing, arson, and police action shooting. In a statement given by the cook’s wife, he had been using methamphetamine for three days leading up to the fatal encounter. The case brings into focus the inherent dangers associated with meth lab operations. Eric Lawrence Indiana State Police Laboratory – Indianapolis

FIRST GHB LABORATORY SEIZURE IN SAN BERNARDINO COUNTY, CALIFORNIA In April 2000, the San Bernardino County Sheriff’s crime lab responded to its first GHB. Orange County officers found the lab in a motor home behind a warehouse in the city of Bloomington. Present at the lab were three 3-gallon containers factory labeled gamma-butyrolactone, two of which were still factory sealed, several empty plastic bottles, a scale, and three unmarked bottles containing clear, colorless liquid. No base was found at the lab. Analyses of the sampled liquids revealed the presence of gamma-butyrolactone in the opened factory labeled container and one of the unlabeled bottles. The other two unlabeled bottles were found to contain the potassium salt of gamma-hydroxybutyrate. The amount of liquid containing GHB was approximately 1 Liter. The identification of the potassium salt of GHB was made with help from the article “Identification of the Potassium Salt of Gamma-Hydroxybutyrate” from the January 1999 CLIC Journal (JCLIC, Volume 9, Number 1, 1999, pg. 17-20). The potassium salt of GHB has not previously been seen in our county. Susan Anderson San Bernardino Co. Crime Lab – San Bernardino, CA

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NEW HYDRIODIC ACID METHOD At the beginning of this year, the Fresno Laboratory started to see a new tread in the production of hydriodic acid for methamphetamine manufacturing from ephedrine/ pseudoephedrine. The traditional method of hydriodic acid production involved mixing iodine with water and red phosphorus and heating. When iodine became hard to get then iodine was precipitated out of tincture of iodine solutions with hydrogen peroxide. Now, in a new step, they have found that they can get around the hydrogen peroxide by diluting the tincture of iodine with muriatic acid (hydrochloric acid). We have seen about four to five laboratories with this present. The solutions have been strongly colored reddish (usually consistent with old hydriodic acid solutions) and they fume strongly. When taking the pH, it turns the paper black. The specific gravity of the solution is close to hydrochloric acid by laboratory analysis. Also there is much more chloride ions than iodide ions. Methamphetamine recovered from these laboratories still has ephedrine/pseudoephedrine present in it. It seems that this reaction is not as efficient a conversion, but I still need to run the reaction to check. It could be that the reaction needs to run longer than normal. Mark F. Kalchik CA DOJ Laboratory Bureau of Forensic Services – Fresno

NOTHING IF NOT VERSATILE On the evening of 07/10/00 the lab response team was called to a homeunit complex in suburban Brisbane following the arrest of a male who had menaced a female with a machete. The offender was subsequently found to be in possession of multiple concealable firearms. The unit, although owned by him, was not the defendants place of residence and was unoccupied. The bathroom-laundry area of the dwelling had been converted into a laboratory containing a comprehensive equipment inventory including a rotary evaporator, vacuum pumps, stirrer hotplates, heating mantles and an extremely extensive range of Quickfit glassware including fractionation facilities. Perhaps the most daunting aspect of the case has been formulating an answer to the inevitable question “what was he making?” The following is an incomplete list of the chemicals recovered from the site. These have been roughly grouped so as to reflect what appears at first glance to be the most logical process options available. Safrole, sassafras oil, hydrobromic acid (60 and 47%), methylamine , (Merck patent process) or alternatively:via potassium hydroxide, isopropanol, hydrogen peroxide, formic acid, sulphuric acid then cleanup by vacuum fractionation or sodium bisulphite to the 3,4-methylenedioxyketone.

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VOLUME 10 NUMBER 4 — OCTOBER 2000

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Non-ring substituted starting materials: benzyl cyanide, (sulphuric acid ) to PAA, alternatively phenylacetyl chloride (aqueous hydrolysis ) to PAA, then acetic anhydride, sodium acetate and a base to P2P. From the ketones optional pathways are: formamide, formic acid, hydrochloric acid to amphetamine or MDA, or ethanol, aluminium powder, mercuric chloride, ammonia or methylamine to amphetamine, methamphetamine, MDA or MDMA. It is assumed that the ultimate fate of a partially used 1Kg pack of gallic acid was either mescalin or 3,4,5-trimethoxyamphetamine, analysis may reveal. Further reagents included zinc powder and a large container of mercury, magnesium turnings and quantities of anhydrous ether, sodium borohydride, sodium cyanoborohydride, lithium aluminium hydride, aqueous ammonia, formaldehyde, iodine, red phosphorous and hydriodic acid. Much time has already been spent in speculation on their possible uses. Two substances whose purposes as yet remain unclear are diethylmalonate and mercuric acetate. Solvents in addition to those previously listed included methanol, acetone, toluene, dichlormethane, chloroform, carbon tetrachloride, ethyl acetate, dimethylformamide, acetonitrile, petroleum spirit, and glacial acetic acid. There also was recovered an extensive range of drying agents and general laboratory reagents. At this time the background of the suspect is unknown however it can safely be assumed he possesses formalised chemical training. If this is not the case then the classification of “serious amateur” would be appropriate. Whilst the site did not afford any sizeable quantity of finished product, a daunting number of reaction residues and waste solutions will provide the unfortunate case analyst with what could best be described as “an interesting challenge.”

3.

4. 5.

6.

Agent Joseph Frank MS Bureau of Narcotics – Hattiesburg, MS

KHAT IN AMERICA’S DAIRYLAND

Peter Vallely Queensland Health Scientific Services Coopers Plains, QLD – Australia

DEFENDANT DESCRIBES MANUFACTURE OF LIQUID AMMONIA FROM FERTILIZER A suspect in a Hattiesburg, Mississippi, drug lab has described a method for manufacturing liquid ammonia from fertilizer. The process uses dry ice, Red Devil lye, and Triple 13 ammonia fertilizer. The process was described as follows: 1. Combine the Triple 13 fertilizer and the Red Devil lye in a reaction vessel such as a plastic Coke bottle or a glass Mason jar. A hole is drilled in the lid of the reaction vessel and a length of 1/4-inch plastic tubing is inserted in the hole. The plastic tubing is wrapped around the reaction vessel and the plastic tubing is kept in place using aluminum tape. The amount of fertilizer depends on the amount of methamphetamine one wants to make. The defendant

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2.

stated he would use about 3 ounces of fertilizer, which could be enough to make 3 ounces of methamphetamine. Approximately 3 tablespoons of Red Devil lye is added to the 3 ounces of fertilizer. The defendant indicated if too much lye was used, the Coke bottle would expand and explode. Once the lye and the fertilizer are combined, the defendant indicated he would spit in the reaction vessel or pour a cap full of water in the vessel, which would start the reaction. The reaction vessel would be set in a small cooler full of dry ice. The dry ice would be packed around the entire reaction vessel so the plastic tubing around the vessel would be kept cold. Before the reaction vessel is set in the dry ice, the vessel is shaken several times to start the reaction. The plastic tubing is attached to another bottle, which is also placed in another cooler or minnow bucket full of dry ice. A hole is also drilled into the top of the bottle. Once the reaction has been completed, the ammonia in the second bottle is ready for use. The defendant stated the ammonia would be in a liquid forma and could be stored for several hours in the dry ice. The ammonia is added to the pseudoephedrine / ephedrine and lithium metal to continue the manufacturing process. The defendant stated the reaction vessel should be disposed of after every “cook” and a new one used for the next process.

The Wisconsin State Crime Laboratory in Madison received twenty frozen bundles of suspected Khat. Law enforcement authorities froze the bundles immediately in order to preserve them. The alkaloids cathinone and cathine are the primary and secondary active ingredients in Khat, respectively. Without preservation, cathinone will break down into cathine over a short period of time. There were two different bundle sizes in the submission (Fig. 1). Ten bundles were approximately 6 inches long while ten bundles were approximately 12 inches long. The packaging of each of the bundles appeared consistent; therefore only two of the twenty bundles, one of each size, were examined. The packaging of the bundles (Fig. 2) consisted of a large vine, a large plant leaf and white tissue paper. The plant material inside each bundle (Fig. 2) consisted of long green and purple shoots with dark green leaves attached to one end. Furthermore, the plant material was divided into smaller units; each bound with a small piece of twine. The bundles were assembled by first wrapping the leafy ends of the bound plant material units in the tissue paper, followed by the large leaf. The bundles were then

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION secured with the large piece of twine. As a result, the leafy ends were buried inside the tapered end of the bundle, while the shoots were exposed at the other end of the bundle. This method of packaging appears to prevent the leafy ends from drying out during its long flight time from Africa. Khat is native to the countries of the Eastern Coast of Africa, namely Somalia, Kenya and Ethiopia. The total weight of the twenty bundles (packaging and plant material contents) was just over 3 kilograms or 6.6 pounds. This amount was approximately one-tenth of what was actually seized at the La Crosse County Airport, which is located in western Wisconsin. Furthermore, it was suspected that over fifty other similar shipments of suspected Khat had previously come through undetected. The bill of lading for the confiscated shipment read, “vegetable material.” This shipment was detected by a well-trained drug detector dog from the La Crosse Police Department. Why the La Crosse Airport? La Crosse is a small city located approximately 150 miles southeast of Minneapolis-St. Paul, Minnesota. The Minneapolis-St. Paul area has a large Somalian community and Khat is an inherent part of their culture. Although the seized suspected Khat was destined for this community, there were two likely reasons why it was not flown directly into the Minneapolis-St. Paul International Airport. The first reason is obvious: heightened airport security. Large airports have the

resources available to fight trafficking of contraband. Smugglers feared that the shipment would be detected and then confiscated by airport authorities. The second reason is not so obvious, but much more interesting: stolen merchandise. It just so happens that many of the Somalians that reside in the community also work at the Minneapolis-St. Paul Airport. Smugglers feared that the shipment would be discovered and then stolen by the Somalian airport workers. From the smugglers’ point of view, this situation was like the farmer and the fox guarding the hen house at the same time! Therefore, a smaller off-the-beaten-path airport was used. Analysis of the suspected Khat by GC and MS confirmed the presence of Cathinone and indicated the presence of Cathine (norpseudoephedrine) and/or its diasteriomer phenlypropanolamine. These substances were isolated from the plant material by acid-base extraction. This was the first submission of Khat to have been analyzed at the Madison Crime Laboratory. In Wisconsin, Cathinone is a Schedule I substance, while Cathine is a Schedule IV substance. Michael Larson WI State Crime Laboratory – Madison, WI

Figure 2. Open bundles Figure 1. Bundled Khat leaves

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CLANDESTINE DRUG LABORATORIES: IMPACTS AND OUTCOMES OF STATE AND NATIONAL TRAINING INITIATIVES M. JOHN WHITE, M. APP. SCI. Victoria Forensic Science Centre Victoria Police Forensic Drive, Macleod, Vic., 3085 Australia

INTRODUCTION Clandestine drug laboratories frequently present extreme health and safety risks, not only for operators, but also for investigators, support personnel, emergency services, the community and the environment. In addition, the dynamics and diversity of illicit drug production, particularly the advent of novel procedures via a plethora of underground publications and the Internet, present significant and on-going challenges for both drug law enforcement and forensic specialists. In 1991, the National Working Party on Amphetamines identified the need for appropriate training and made a series of associated recommendations which were endorsed by Police Commissioners and the National Drug Strategy Committee. In 1992, the National Drug Strategy focussed attention on “safe handling facilities and practices for substances and equipment....”, one of the six priority target areas identified by the National Seminar of Law Enforcement Agencies. Specifically, this initiative relates to the conduct of training courses on dangers inherent in handling drugs and in entering illicit drug laboratories, especially amphetamine laboratories. A National Amphetamines (Education and Training) Working Group was subsequently formed to develop and fully coordinate a comprehensive National training package. This small working group, comprising representatives from health, law enforcement and forensic science, reported through the Chairman of the Amphetamines Sub-committee to the National Drug Strategy Committee. Following development of the National training package, appropriate endorsements were obtained at the “National Heads of Drug Squads Conference” and the “Australasian Crime Commissioners Conference and Seminar” (both held in Melbourne in 1993).

PROJECT DEVELOPMENT Following comprehensive studies at the Office of Training, United States Drug Enforcement Administration (US-DEA), Quantico, Virginia, the following National training initiatives were developed to meet Australia’s specific requirements: (1) National Amphetamines (Awareness and Investigation) Courses, Australian Police Staff College, Manly, NSW (1993, 1994, 1995) - drug law enforcement specialists (2) National safety training courses for clandestine drug laboratory investigators, Country Fire Authority Training Wing, Fiskville, Vic (1993, 1994, 1997) - drug law enforcement and forensic specialists

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(3) National Best Practice Guidelines for Environmental Health and Safety: Clandestine Drug Laboratories, Manly, NSW (1994) - drug law enforcement and forensic specialists (4) National forensic seminars/workshops for clandestine laboratory investigating scientists, Vic (1994, 1997) and South Australia (1998) - forensic specialists. This paper deals specifically with the outcomes and impacts of the three National safety training courses and three National forensic seminars/workshops.

NATIONAL SAFETY/INVESTIGATIVE TRAINING COURSES FOR CLANDESTINE LABORATORY INVESTIGATORS (1993, 1994, 1997) A series of National safety training courses were specifically designed to protect the health and safety of investigators actively engaged in clandestine drug laboratory investigations (both drug law enforcement and forensic specialists). Formal presentations and competency-based field training, which addressed both the US-DEA guidelines and the National best practice guidelines, were presented by local and US-DEA experts. The concept of phased investigatory procedures was developed with emphasis on intelligence gathering, planning, entry, site safety assessment, evidence processing, site cleanup and follow up. Major elements included: · medical surveillance · safety certification · effective site control (including zoning) · personal protective clothing · respiratory protection · air-monitoring equipment · decontamination · safe handling, transport and storage of confiscated hazardous chemicals The most recent course was extended to provide specialist training associated with the role/responsibilities of Team and Site Safety Officers, conduct of covert entries and in recognising bombs and “booby traps”. In excess of one hundred specialists, representing the Australian states/territories, New Zealand, Fiji and Malaysia have now attended these five day training courses. The “train the trainer” philosophy has extended the training to a far greater audience, both Nationally and throughout New Zealand.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION All course aims and objectives have been achieved in full and this was undoubtedly due to the outstanding support from both the National Drug Crime Prevention Fund – an initiative of the National Drug Strategy, and the US-DEA. Given this success, it is not surprising that in 1997, the Victoria Forensic Science Centre (VICPOL) was requested to provide a summary of Course development, outcomes and impacts for inclusion in Australia’s showcase of harm-minimisation initiatives at the meeting of the United Nations Commission on Narcotic Drugs (CND) in Vienna (where Australia faced re-election). Other significant Course outcomes include: ✔ introduction of essential safety training programs and the development of Standard Operating Procedures throughout Australia, ✔ procedural requirement that all personnel entering a potential clandestine laboratory site are safety certified, ✔ the move to develop uniform medical surveillance frameworks throughout Australasia, and ✔ development of an appropriate skills base to ensure clandestine laboratory scenes are investigated in a manner consistent with current harm-minimisation strategies. Further outcomes relate to the initiation and continuous enhancement of a unified state/national/international cooperative training approach including opportunities to: ✔ openly discuss and exchange current information regarding safety/investigative practices and manufacturing trends in this dynamic and diverse field of law enforcement, ✔ benchmark procedures and services and to develop international best practices guidelines, and ✔ develop an effective team approach involving drug law enforcement, Special Operations Groups, Crime Technical Surveillance and forensic specialists.

NATIONAL FORENSIC SEMINARS/WORKSHOPS FOR CLANDESTINE LABORATORY INVESTIGATING SCIENTISTS (1994, 1997, 1998) Rapidly changing trends in the application of novel, diverse and extremely hazardous manufacturing processes have seen an increasing reliance of law enforcement agencies on specialist clandestine laboratory investigating scientists to: ✔ provide scientific input into legislation (drugs and precursors) and into the Code of Conduct with chemical and chemical equipment suppliers and pharmaceutical industries, ✔ interpret a wide range of intelligence information of a scientific nature, ✔ provide “state of the art” safety/investigative training to enhance the knowledge of investigators in accordance with international “best practice”, and ✔ attend related crime scenes, conduct site safety assessments, safely dismantle a complex range of operating equipment, collect, document and examine scientific evidence and

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oversee the safe handling, transport, storage and ultimate destruction of confiscated chemicals and equipment. The Courts rely on the scientific qualifications, training and experience of these same forensic experts to provide impartial, well-informed and authoritative evidence in regard to illicit drug manufacturing procedures. In 1991, in recognising the above issues, clandestine laboratory experts from the United States formed the Clandestine Laboratory Investigating Chemists Association (CLIC). Current membership is of the order of 450 specialist forensic chemists, representing countries including the USA, Canada, Australia, Europe, New Zealand and the UK. In 1994, in recognition of the need to enhance specialised forensic knowledge and skills in our specific region, the Victoria Forensic Science Centre (VICPOL) initiated a series of National Forensic Seminars/Workshops for Clandestine Laboratory Investigating Scientists. These Seminars were designed to enhance supply reduction and harm-minimisation strategies with focus on: ✔ provision of essential forums for operational forensic clandestine laboratory experts to openly discuss the broad range of highly sensitive scientific issues which interface with both law enforcement agencies and the justice system, ✔ enhancement of competencies of clandestine laboratory investigating scientists through initiation of a combined national/international cooperative approach, ✔ development of advanced procedures in relation to education (both safety/investigative), methodology, research, quality management, scientific examinations, court testimony, chemical intelligence and legislative issues, ✔ provision of a continuum of knowledge and experience to be applied in future law enforcement investigations, and ✔ development of education/training programs for both drug law enforcement and forensic investigators in accordance with international standards of best practice. In excess of twenty specialists representing the Australian states/territories, New Zealand, USA, Fiji and Malaysia have attended each of the three day National forensic seminars/ workshops held in Victoria (1994, 1997) and in South Australia (1998). Significant Workshop outcomes include the following: ✔ continuous enhancement of essential forensic services in the field, the forensic laboratory and in court through coordination of a unified National/International approach, ✔ significant enhancement of forensic skills through promotion of a “hands on” approach to training (including practical drug synthesis), ✔ formation of a National Working Party to advance the development of an interactive proficiency testing package (using CD-ROM technology), ✔ recognition of the need to develop a consistent model for internal training purposes, ✔ improved frameworks for the strategic dissemination of

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION current chemical drugs intelligence data, ✔ Conduct of the third National Technical Training Seminar and Workshop for Clandestine Laboratory Investigating Chemists (Adelaide 1998, to coincide with the 14th International Symposium on the Forensic Sciences), and ✔ Conduct of the 10th International Technical Training Seminar and Workshop of the International Association of Clandestine Laboratory Investigating Chemists in Australia (Queensland, year 2000).

CONCLUSIONS: The competencies of drug law enforcement and forensic specialists continue to be enhanced through a series of fully coordinated proactive and on-going National/International training initiatives. As a result, a number of drug law enforcement and forensic specialists have undertaken additional specialised training in the USA. In 1999, the Conference of Commissioners’ of Police of Australia and the South West Pacific Region supported the need for the continuance of on-going National training for Australia’s “Clanlab” specialists (both drug law enforcement and forensic specialists). Earlier this year, the Police Commissioners’ Conference Drug Policy Subcommittee fully endorsed our National /International training proposals for 2000 (QLDPOL ) and 2001 (VICPOL).

ACKNOWLEDGMENTS: The Victoria Forensic Science Centre (VICPOL) wishes to clearly acknowledge outstanding support from the following organisations and individuals: ✔ National Drug Crime Prevention Fund - an initiative of the National Drug Strategy ✔ Country Attaches and Regional US-DEA Representatives, Embassy of the USA, Canberra ✔ Office of Training, US-DEA, Quantico, Virginia, USA ✔ Special Agent Debbie Podkowa, Mr. Harry Skinner, Mr. Roger Ely, Special Agent Michael Cashman and Mr. Terry Dal Cason, US-DEA ✔ Commander Mal Brammer, APM, NSWPOL, ✔ Detective Superintendent Barry England, APM, SAPOL, ✔ Dr. Paul Kirkbride, Dr. Paul Pigou and colleagues (SA Forensic Science Centre), convenors of 1998 Forensic Workshop ✔ Mr. Peter Vallely and colleagues (Forensic Chemistry Section, Qld Health Scientific Services), convenors of 2000 International “CLIC” Technical Training Seminar and Workshop Excellent presentations and input from experienced delegates have guaranteed the ultimate success of these important National training initiatives.

11TH ANNUAL CLIC TECHNICAL TRAINING SEMINAR Respirator Recertification: September 4, 2001 Seminar: September 5 – 9, 2001 Monterey Plaza Hotel and Spa 400 Cannery Row Monterey, CA http://www.montereyplazahotel.com Room Rate: $155 per night Hosted by: DEA Western Laboratory, San Francisco, and CA DOJ Crime Laboratory, Watsonville

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 11 NUMBER 2 — APRIL 2001

IN THIS ISSUE ... Letter To The Editor ...................................................................................... 2 Officers Needed ............................................................................................. 2 Astaris Accelerates Production Changes at Pocatello Elemental Phosphorus Facility Company ............................... 3 Freedom Of Religion Versus The Psychotropic Substance Treaty: Notes On The Ayahuasca Court Case In Holland ..... 3 Police Raid Drug Lab at Airport in Santa Paula ........................................... 6 Sentencing Commission Seeks To Increase Penalties For Counterfeiting And Amphetamine Offenses .................... 7 Lab Seizures .................................................................................................. 8 Arsenic Oxide: A Potential Reagent in Methylamphetamine Synthesis? ........................................................... 13 Peter Culshaw, Ph.D. Clandestine Extraction of Lysergic Acid Amide (LSA) From Morning Glory Seeds .................................................................. 15 Kathy S. Shanks, M.S.

Association Officers President: Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284 Vice-President: John Hugel Health and Welfare – Canada 2301 Midland Ave Scarborough, ON M1P 4R7 CANADA (416) 973-2146 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (316) 792-4353 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main St Ste 700 San Francisco, CA 94105-2018 (415) 744-7051 Past-President: Catherine Wojcik San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200

2001 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Executive Board Members: Eric Lawrence Indiana State Police Laboratory 8500 E 21st St Indianapolis, IN 46219-2598 (317) 899-8521 Gina Williams San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LETTER TO THE EDITOR

REFERENCE OMISSION In Volume 11, Number 1 (January 2001) of the Journal, the authors of the publication “Analysis Of Anhydrous Ammonia Via Precipitation of Ammonium Salt” inadvertently omitted a reference. The reference is from an unpublished work, written October 19, 2000. The work is titled “Sampling and Testing Anhydrous Ammonia” and is authored by James B. Iwamoto and David W. Love, Forensic Chemists employed with the DEA South Central Laboratory in Dallas, Texas. This paper should be referenced in Experimental, at paragraph 1, line 10 of the publication as: "Sampling and Testing Anhydrous Ammonia," J.B. Iwamoto and D.W. Love, October 2000, in press. The authors of the publication apologize for this omission. JC Smiley, Teresia Hickmon, and Carol Karr Mississippi State Crime Laboratory Batesville, MS

OFFICERS NEEDED Start thinking now about running for office. In your Constitution and By-Laws there should be descriptions of the offices. In September the organization will need to elect a Vice-President, an Editorial Secretary and a Member At Large. The Vice-President is a 3 year term which will entail serving as Vice-President, President and Past President. The Editorial Secretary is a 3 year term of which the primary responsibility is the compilation and production of the Journal The Member At Large is a 2 year term of which the expectation is that you would attend the Annual Meetings during your term Please give these positions careful consideration and volunteer some time back to the organization. Those interested can contact Cathy Wojcik at (909)387-2200 or by e-mail [email protected] or Pam Johnson at (573)651-2221 or by e-mail: [email protected] WE NEED YOU!!!!

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes ............................. OSP Forensic Laboratory – Portland, OR ................................................ (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab – Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................DEA Special Testing and Research Lab – McLean, VA ......................... (703) 487-3040 O. Carl Anderson ..................... Kansas Bureau of Investigation Lab – Great Bend, KS ........................... (316) 792-4353 Jerry Massetti ........................... CA Criminalistics Institute – Sacramento, CA ........................................ (916) 227-3575 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452 Peter Vallely ............................ J. Tonge Centre for Forensic Science - Brisbane, Australia .................... 617-3274-9031

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ASTARIS ACCELERATES PRODUCTION CHANGES AT POCATELLO ELEMENTAL PHOSPHORUS FACILITY COMPANY REACHES PURCHASE AGREEMENT WITH IDAHO POWER St. Louis, March 20, 2001 – Astaris LLC has announced that it will accelerate its plans to reduce output at the company’s Pocatello, Idaho, elemental phosphorus plant, due to the widely reported electricity supply crisis in the western United States. The combination of an energy-intensive production process and increasing electricity costs have led the company to this decision. “Astaris is already in the transition process of switching from elemental phosphorus to purified phosphoric acid as a supply source. The electricity supply situation in Idaho has simply accelerated the timing of this transition,” said Gene DeJackome, Vice President of Sales and Marketing for Astaris. “We have also accelerated completion of our new purified phosphoric acid facility at Soda Springs, Idaho, which is now scheduled to come online late in the second quarter of this year.” Astaris currently utilizes both elemental phosphorus and purified phosphoric acid in the production of its food, industrial and detergent salts. “Since the reduction at Pocatello last year, Astaris has secured other sources of raw materials to produce our products,” said DeJackome. Along with phosphorus production at the Pocatello facility, Astaris also purchases elemental phosphorus from Monsanto’s Soda Springs, Idaho, plant under a long-term contract. The start-up of the purified acid facility will minimize the effects of reduced production at Pocatello and the vast majority of Astaris customers will not see any changes in the downstream supply of

products that they purchase during this accelerated transition to purified phosphoric acid, expected to be completed by August, 2001. Astaris will use its furnace capacity to maximize production from available power. Under this agreement with Idaho Power, electricity freed up by reduced production will help relieve potential energy shortages facing the state. “This agreement allows both Astaris and Idaho Power to react with flexibility to the unfolding energy crisis in this part of the country,” said Jerry Sibley, CEO of Astaris Reduced production at Pocatello will add to previously announced layoffs at the site. The specific impact is still being determined and will be announced to employees over the next few weeks. According to Sibley, “while our employees were aware of our plans for a long-term transition in supply sourcing, it is unfortunate that they will be affected by the transition sooner than we had anticipated”. Astaris LLC manufactures and markets phosphorus-based products for industrial and institutional applications, food and consumer products to customers worldwide. The company, jointly owned by FMC Corporation and Solutia Inc., sources its products from 17 manufacturing locations in the United States and Brazil. Based in St. Louis, Astaris began operations in April 2000.

FREEDOM OF RELIGION VERSUS THE PSYCHOTROPIC SUBSTANCE TREATY: NOTES ON THE AYAHUASCA COURT CASE IN HOLLAND AMSTERDAM – On Friday 23 March 2001, two church leaders of the Dutch Santo Daime church appeared in court in Amsterdam on charges of possessing and transporting a Schedule 1 drug. The two church leaders, Geraldine Fijneman, leader of the Amsterdam branch of the Brasilian based Santo Daime church, and Hans Bogers, head of the The Hague branch were arrested on 6 October 1999, in a chapel in the city of Amsterdam during a church service. Mrs Fijneman was arrested in the church while a service was underway. Mr Bogers, who tried to make a complaint against the intrusion of the police during a church service, went to the police station and was arrested there before he could file a complaint. The ayahuasca seized by the police was tested in a forensic lab. 0.02% of the tested liquid contained DMT. DMT is

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considered a Schedule 1 drug according to the Dutch Opium Law, a drug in the same class as heroin, cocaine and other so called ‘hard drugs’. A line of experts gave scientific explanations on different aspects of the case. Toxicologist professor De Wolff wrote a report for the examining magistrate in which he stated there was no public health risk in regard to the use of DMT. He cited the research on UDV in Manaus done by Callaway, McKenna and Grob in 1996. He also made a comparison with the ritual use of psilocybin containing mushrooms by the Mazatec Indians and said as a side note that the famous mushroom curandera Maria Sabina died at the age of 93, implying the lack of public health risks.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION De Wolff did not see an abuse potential in the use of ayahuasca. He said the church had services about two times a month, and that it might be possible that some experienced ayahuasca users felt cravings for their next service, but it would only be a mild kind of craving comparable with the craving for liquorice or pickled herring (This is Holland, remember!) The toxicologist said there were no scientific grounds for DMT to be considered a hard drug according to the Dutch Opium Law. The substance is scheduled because it is mentioned in the Psychotropic Substance Treaty. This means there were no public health considerations involved in the scheduling, only international political reasons. Asked by the defense lawyer whether he thought it remarkable that UDV members were more healthy than a control group, the toxicologist answered he was not surprised, since drinking two glasses of wine or beer a day was much healthier than total abstinence of alcohol. The public prosecutor, Mr. P.C. Velleman, asked what the toxicologist thought of the use of ayahuasca by children. De Wolff commented that he thought childhood use of ayahuasca was unwise. He expressed concerns that children could become very frightened and then engage in risky behavior. He mentioned as an example a child that jumped of a bridge after eating psylocybin containing mushrooms. The defense lawyer, the eminent Mr. Adéle G. van der Plas, had asked a wide range of experts to give their opinion on the public health aspects of drinking ayahuasca, on the use of psychedelics in a spiritual context, and on the sincerity of the Santo Daime church as a bona fide religion. Neurophysiologist Dr. Eric Fromberg, speaking with a 30 years of experience in Dutch drug treatment institutions, talked about the very controlled setting of the Santo Daime rituals. He, himself, had participated in a ritual in which a man fell on the ground and couldn’t stop moving his legs for a while. The way in which the church members helped this man was very good. “I couldn’t have done it better myself, “ he said. He talked to the man after the service, and the man said that the service had been beneficial to his personal growth. Apart from the safe setting, Fromberg (an atheist himself) was in favor of the framework the Santo Daime church provided in which visionary experiences could be integrated. He had also noticed that people with certain psychiatric problems received special attention. Dr. Fromberg, a known supporter of legalization, was vehemently opposed to the scheduling of DMT. Professor Charles D. Kaplan, a member of the medical faculty of the University of Maastricht, testified that being part of a spiritual and/or religious community is beneficial for public mental health, although this statement might be hard to accept in our secular society. He even testified that the ritual use of ayahuasca was in the interest of public mental health. Like Dr. Fromberg, Professor Kaplan said he was opposed to the scheduling of DMT because there was no scientific basis for it. Theologian and religious expert Dr. R. Kranenborg from the

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Free University in Amsterdam stated that ayahuasca is the sacrament for the Daime members and that ayahuasca is essential for the Santo Daime religion. “Without ayahuasca the Santo Daime would not be the Santo Daime,” he testified. Public prosecutor Velleman accused Geraldine Fijneman of transporting and possessing DMT. He accused Hans Bogers of being present in the chapel and knowing what was going on. Prosecutor Velleman said the preparation of ayahuasca was involved extracting the active ingredients, including natural DMT, out of the plants. In that respect, he said that ayahuasca it is a preparation as described in the Psychotropic Substance Treaty. He said even if all the experts in the court room were to agree that DMT was unjustly placed in the Opium Law, it would mean Dutch lawmakers should change the law — but that the substance was right now still in the law. Holland, he said, had signed the Psychotropic Substance Treaty and had to abide by its terms. Prosecutor Velleman listed what he called the ‘serious side effects’ of drinking ayahuasca: a rise in body temperature, a fast heartbeat, and walking unsteadily. He said the long list of contra-indications showed the public health risks of using ayahuasca. He emphasized that the Dutch Santo Daime church gave ayahuasca to children. He demanded a sentence of one month suspended imprisonment with a two-year probationary period for the two defendants. Judge Marcus responded to the public prosecutor’s argument. The judge said the contra indications were due to the MAO inhibiting effect of the Banisteriopsis caapi liana, and not of the DMT containing Psychotria viridis leafs. (!) The active ingredients of the liana, he noted, are not scheduled. The judge asked whether the public prosecutor had looked well into the United Nations Bureau report from Vienna, Austria, which the public prosecutor himself had given to the court. The UN report from Vienna stated that DMT containing plants and infusions of these plants were not controlled. It took the public prosecutor more than a minute to find his speech. He finally said he didn’t agree with that interpretation. In her 90 minutes, defense lawyer Adéle van der Plas answered the question whether the Santo Daime church was a serious religious movement. She described the history of the church, starting around 1910 in the Brazilian part of the Amazon by Raimundo Irineu Serra, who combined centuries old Indian traditions with Catholicism. After Serra’s death in 1974 his movement split up in several Santo Daime churches. One of them, headed by Sebastiao Mota de Melo, founded the Cefluris church (Centro Ecléctico da Fluente Luz Universal Raimundo Irineu Serra). The spiritual center of this church is Céu do Mapia, a community deep in the Amazonian forest. The current leader of the church is Sebastiao’s son Alfredo Mota de Melo. According to research by Brazilian anthropologist Edward J. Baptista das Neves MacRae, who made an extensive description of the Santo Daime rituals, it is very clear the Santo Daime church

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION is a bona fide and serious religious movement. Both theologian Dr. Kranenborg of the Free University in Amsterdam and Dr. Labuschagne, a lawyer and philosopher of law at the University of Leiden, fully agreed with this conclusion. Labuschagne, whose PhD thesis was titled ‘Freedom of religion and not-established religions’, labeled the Santo Daime churches as a serious and bona fide religion. Adéle van der Plas concluded that the members of the Santo Daime church should be protected by the European Treaty of Human Rights (Article 9) and by the International Treaty of Civil and Political Rights signed in New York (Article 18). She also listed some cases of the European Court of Human Rights in which European Nation states were explicitly warned to be very reserved in freedom of religion-cases. In one case of a Greek Jehovah witness against Greece, a lawyer noted that Santo Daime members should in the near future be treated with great reserve by European nation states. The defense lawyer warned the court not to make a decision that will be overruled by the European Court of Human Rights. Defining the Santo Daime church as a legitimate and bona fide religion, Adéle van der Plas examined whether the use of ayahuasca was legitimate in the church services. She approached this by citing a resolution of the CCPR of the UN accompanying Article 18 of the International of Civil and Political Rights: The freedom to manifest religion or belief in worship encompasses a broad range of acts. The concept of worship extends to ritual and ceremonial acts giving direct expression to belief as well as various practices integral to such acts [it] may include not only ceremonial acts but also such customs as the observants of dietary regulations (etc. etc.). The Committee observes that the concept of morals derives from many social philosophical and religious traditions; consequently, limitations on the freedom to manifest a religion or belief for the purpose of protecting morals must be based on principles not deriving from a single tradition. This meant, according to the defense lawyer, that a judgment solely based on the dominant western religious tradition should be avoided. As historian Dr. Snelder of the Free University in Amsterdam wrote in a report for the defense, the use of psychoactive substances like ayahuasca, peyote, or psilocybin containing mushrooms is as old as our knowledge of human history. Theologian Dr. Kranenborg explained how important the use of psychoactive substances was in different religions, religions less well known to us than Judaism, Christianity and Islam. According to Dr. Kranenborg the use of ayahuasca as a holy sacrament is absolutely essential for the Santo Daime religion. Neurophysiologist Fromberg and psychologist Dr. Hans C. Ossebaard gave, in their reports, further evidence of the necessity of the use of ayahuasca in the Santo Daime services. Dr. Ossebaard wrote that depending on set and setting, drugs could trigger a mystical experience to the ‘Unio Mystica’, the spontaneous and conventional mystical experience spoken of in medieval Christian literature.

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Adéle van der Plas than continued with the limitations of the right to freedom of religion. Citing again some recent cases of individuals against European nation states by the European Court of Human Rights, she came to the conclusion that the nation state had to prove how severe and dangerous a certain situation was. Was DMT such a threat to public health that it gave the state of Holland the right to violate one of the constitutional rights of its citizens? All experts came to the conclusion that DMT was not a threat to public health. Some experts are also convinced of the medicinal value of ayahuasca. Professor Kaplan concluded for example, “the use of ‘Daime’ in a ritual context motivated by a search for spiritual and (mental) health, provides an acceptable and minimal risk to public health and, in fact, is likely to provide an unseen benefit for our health system.” In Brazil the use of ayahuasca was legalized in 1992 after an intensive research about the public health aspects. In 1997 the Brazilian government made the recommendation not to serve ayahuasca to people younger than 18 years. The defense lawyer stressed ayahuasca was never served to minors in the Dutch Santo Daime church. DMT is no threat to public health and, according to Van der Plas, therefore the action of the Dutch authorities against the Santo Daime church was a violation of the constitutional right to freedom of religion. DMT is a controlled substance in Holland because it is mentioned in the Psychotropic Substance Treaty. But the Psychotropic Substance Treaty is subsidiary to the constitutional right to freedom of religion, as is stated in Article 22 of that Treaty. Adéle van der Plas concluded that the way the Dutch authorities handled this case is incomprehensible and unjust. She asked the court to drop the charges. She told the court not to be hesitant in taking a bold decision because this court won’t be the first to legalize the use of ayahuasca as a religious sacrament. Not only Brazil legalized ayahuasca, Peru did so as well and also legalized the medicinal use of the brew. A court in Spain’s capital Madrid dismissed on 20 October 2000 a charge against the import of ayahuasca on grounds of the insignificant amount of controlled substances found in the brew and that it would be privately used by a select group of people. The state of Oregon in the United States granted the Santo Daime church the use of its sacrament. The Oregon Board of Pharmacy wrote on 8 November 2000: “it seems apparent to the Board that the sacramental use of the Santo Daime tea in the context of a bona fide religious ceremony by practitioners of the Santo Daime religion as described does not constitute abuse of a controlled substance.” Mr. Van der Plas demanded acquittal for her clients. The court will give a verdict on 6 April 2001. Arno Adelaars Amsterdam -The Netherlands. Mr. Adelaars website can be found at http://www.xs4all.nl/~nota/

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

POLICE RAID DRUG LAB AT AIRPORT IN SANTA PAULA BARRELS OF METHAMPHETAMINE OIL AND MANUFACTURING EQUIPMENT ARE FOUND IN A HANGAR. POPULAR AIRPLANE MECHANIC IS TAKEN INTO CUSTODY. HOLLY J. WOLCOTT AND TIMOTHY HUGHES, TIMES STAFF WRITERS Sunday, March 25, 2001 Los Angeles Times Ventura County Edition

SANTA PAULA – Police arrested nine people in two counties Saturday after raiding a sophisticated drug lab in a Santa Paula Airport hangar that contained two dozen large barrels of high-grade methamphetamine oil. John Brooks, 45, a popular airplane mechanic who lived in the hangar, was arrested along with four other men and a 17-year-old boy. Authorities had not identified the men arrested with Brooks. They are all from Mexico and were not carrying identification, authorities said. Officers also arrested Andy Batey, 35, at his home in Santa Paula and two unidentified people at a house in Woodland Hills. The suspects were held in Los Angeles on suspicion of manufacturing methamphetamine. Each had bail set at $500,000, except the teenager, who was held without bail at a juvenile hall. A dozen weapons, including a Chinese-made assault rifle and a hand grenade, and nearly a pound of powdered methamphetamine and 150 gallons of methamphetamine oil, were seized, officials said. The methamphetamine oil could be worth up to $5 million, authorities said. The oil, which is made by mixing several chemicals, is cooked until it reduces to crystal form. Ventura County is becoming increasingly popular for drug labs because of the availability of remote locations where the stench of the cooking process can go undetected, detectives said. “This case is indicative of more and more labs moving up here,” said Oxnard Police Sgt. Steve Blanchard, a member of a multi-agency Ventura County narcotics task force that took part in the raid. “This is one of the bigger seizures in recent county history.” Narcotics detectives from the Los Angeles Police Department and several Ventura County police agencies participated in the 1 a.m. raid at the hangar in the 300 block of Santa Maria Street. The arrests came less than 24 hours after LAPD detectives learned of the lab. Detectives received a tip Friday that methamphetamine was being cooked at a house in the 5400 block of Fallbrook Avenue in Woodland Hills. Officers conducting surveillance watched as people inside appeared to be making drugs, said LAPD narcotics Det. Frank Lyga.

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Officers then followed a car from the house to the hangar at the end of a runway at Santa Paula Airport. After obtaining a search warrant, detectives raided the facility. The Ventura County sheriff’s bomb squad removed the grenade from the hangar, which also contained an intricate ventilation system, police said. Detectives seized the two dozen drums of methamphetamine oil and glassware, burners and red phosphorous for cooking. Authorities believe the Woodland Hills home was being used as an extraction lab, where a first round of cooking was done. The refined chemical was then transported to the Santa Paula hangar for a final round of cooking, said Lyga. “This place was capable of making 200 pounds a week. That’s substantial cooking,” said LAPD Officer Don Cox. People working in nearby hangars were stunned by Brooks’ arrest. “It was quite a shock to everyone,” said Rowena Mason, president of the Santa Paula Airport Assn. “No one had any idea that kind of activity was going on.” Craig Fields, who owns an airplane parts machine shop across from Brooks’ hangar, said he has known Brooks for more than 11 years. Brooks was well-known around the small airport as an outstanding airline mechanic, although in recent months he had fewer customers, Fields said. “I’m blown away. He’s the most talented airplane mechanic that I know. He can fix a vacuum cleaner, an RV, anything,” Fields said. “This is a talented individual. I can’t imagine why he would get involved in this.” In addition to the drug oil and lab equipment, police took away a 30-foot powerboat parked in front of the hangar. The single-story hangar, which also contained several trophies, bicycles and boxes, is part of a small private business park. Blanchard, with the Oxnard police, said Brooks and Batey had been under investigation by Ventura County sheriff’s deputies who were looking into methamphetamine sales in the county. Santa Paula Police Chief Bob Gonzales praised the LAPD’s work but said he was stunned and troubled that drugs were being manufactured in his small city. “You don’t want that in your backyard,” Gonzales said.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

SENTENCING COMMISSION SEEKS TO INCREASE PENALTIES FOR COUNTERFEITING AND AMPHETAMINE OFFENSES AGENCY ALSO IMPLEMENTS GUIDELINES FOR HUMAN TRAFFICKING OFFENSES WASHINGTON, D.C. (March 1, 2001) — At its February public meeting, the United States Sentencing Commission voted to adopt several amendments to the federal sentencing guidelines that will significantly increase penalties for counterfeiting and amphetamine trafficking. In addition, the Commission modified the sentencing guidelines in response to Congress’s creation of new offenses related to human trafficking. All modifications are subject to congressional approval and, once in effect, are used by judges in the sentencing of defendants convicted of a federal crime. In the area of counterfeiting, the Commission voted to send to Congress an amendment to the sentencing guidelines that increases by approximately 25 percent the penalties for the large-scale manufacture (i.e., $70,000 or more) of counterfeit currency. The amendment applies this same increase to offenders who possess counterfeiting paraphernalia, such as distinctive paper with watermarks, seals, and security threads. Said Commission Chair, Judge Diana E. Murphy, “The integrity of the nation’s currency system is a fundamental concern that must be safeguarded. The Commission is mindful that technology continues to improve and offenders may increasingly try to circumvent security measures built into government notes and bonds. The Commission’s amendment was, in large part, promulgated to deter such efforts.” The Commission will send the counterfeiting amendment to Congress by May 1, 2001, and it will become effective November 1, 2001, unless Congress passes legislation to disapprove the amendment. In response to a directive in the Methamphetamine Anti-Proliferation Act of 2000, the Commission promulgated a temporary, emergency amendment that increases guideline penalties for amphetamine offenses to make the penalties equal to those for methamphetamine offenses. The Commission chose to treat amphetamine and methamphetamine identically because of the similarities of the two substances. The two drugs (1) are similar chemically, (2) are produced by a similar method, (2) are trafficked in a similar manner, (4) share similar methods of use, (5) affect the same parts of the brain, and (6) have similar intoxicating effects. By virtue of the new, emergency amendment,

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amphetamine offenses involving 50 grams of the drug will generate a five-year guideline sentence. Previously, the guidelines required 500 grams of amphetamine to trigger a five-year sentence. The emergency amendment becomes effective May 1, 2001. In April 2001, the Commission will vote on whether to promulgate the amendment as permanent. Amendments the Commission wishes to make permanent will take effect November 1, 2001, unless Congress disapproves them during a six-month review period. The Sentencing Commission, in response to the Victims of Trafficking and Violence Protection Act of 2000, also voted to adopt a temporary, emergency amendment to ensure that the sentencing guidelines are sufficiently stringent to deter offenses involving the trafficking of persons and to adequately reflect the heinous nature of these offenses. These offenses include sex trafficking of children by force, fraud, or coercion; crimes of peonage; involuntary servitude; slave trade offenses; and possession, transfer or sale of false immigration documents in furtherance of human trafficking. The Commission’s emergency amendment incorporates into the guidelines the new offenses created by the Victims of Trafficking and Violence Protection Act and provides additional sentencing enhancements to reflect increases in statutory maximum penalties. The amendment also created a new guideline for criminal violations of the Migrant and Seasonal Agricultural Worker Protection Act. These offenses have a statutory maximum sentence of one year of imprisonment for first offenses and three years’ imprisonment for subsequent offenses. The Commission’s emergency amendment regarding human trafficking will go into effect May 1, 2000. The Commission is slated to vote in April 2001 on whether to make the amendment permanent. The U.S. Sentencing Commission, an independent agency in the judicial branch of federal government, was organized in 1985 to develop a national sentencing policy for the federal courts. The resulting sentencing guidelines structure the courts’ sentencing discretion to ensure that similar offenders who commit similar offenses receive similar sentences. Since nationwide implementation in January 1989, federal judges have sentenced over half a million defendants under the guidelines.

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LAB SEIZURES MAINE’S FIRST CLANDESTINE METH LAB Is September 2000, Agents from the Maine Drug Enforcement Agency, Federal DEA and Chemist’s from the State’s Health and Environmental Testing Lab (HETL) and the DEA Northeast Regional Lab processed a methamphetamine lab located in an apartment unit in Vassalboro, Maine. This was the first raid conducted by Maine’s Clandestine Laboratory Enforcement Team. The lab, located across the street from the Maine Criminal Justice Academy, was identified as a red phosphorous operation. Investigation revealed the individual recently moved to Maine from Arizona. In December, the suspect received a 21 month sentence after pleading to State charges for the manufacturing of methamphetamine. Christopher Montagna HETL Forensic Chemistry Unit - Augusta, Maine

BIRCH REDUCTION LAB FOUND IN IDAHO On December 30, 2000, a Criminalist from the Idaho State Police Forensic Services laboratory in Boise responded to the first Birch-reduction lab in this area. Located in the house were three propane tanks, one with the tell-tale blue corrosion of the copper valve. Numerous lithium batteries had been cut open and the lithium strips had been removed. Also found in the house was the usual assortment of junk, a Claymore mine (later determined to be inert) and a rocket-propelled grenade launcher. Rachel Farnsworth ID DLE Laboratory – Meridian, ID

storage locker. The renters apparently were in the arrears and the storage facility operator seized the locker’s contents only to find the remnants of a laboratory. Chemicals found included solvents: 80L ether, 4L ethanol, 4L methylene chloride, 4L DMSO, 4L pyridine. Also seized were the typical Wacker reagents namely; 50 g palladium chloride and 100 g of the co-catalyst cupric chloride and an oxygen cylinder. Other reagents included 19L sulfuric acid, 6L nitropropane, 2.5 Kg of ferrous sulfate, 10 Kg of sodium hydroxide. What appeared unusual were the types and quantity of halogenated compounds including 4L methylene bromide, 24 Kg sodium bromide, 8L hydrobromic acid, 4L bromine and a 20L “Home Depot” paint container hand labelled “Succinamide in H2O, chill to 0 and add 165 ml Br2”. And finally a full 23L glass carboy was found containing a dark liquid. The 23L carboy was found to contain a small quantity of 3,4-methylenedioxy-phenyl-2-propanone along with numerous reaction by-products and is suspected of being waste material saved for future processing. Since not all the oxidative products from the Wacker reaction, nor have the by-products from the N-bromosuccinimide reaction, as represented in Figure 1, been classified it is difficult to assess at this point if 1,2-dihydroxybenzene (catechol) was actually the starting material. It does, none the less, depict a plausible and alternative route in the synthesis of MDP-2-P starting with catechol and emphasizes the possible lengths underground chemists will undertake to remain undetected. This and many more novel methods are widely published via the internet: http://rhodium.lycaeum.org/chemistry/pc/safrole.html Acknowledgements: I would like to thank Anneke Poortman for providing me with the address of the N-bromosuccinimide recipe. Richard Laing Health, Canada – Burnaby, BC

THE ENCOUNTER OF N-BROMOSUCCINIMIDE IN RECENT LAB SEIZURES

LAB SEIZURES NEAR MOSCOW, RUSSIA

Over the past two years MDMA type lab seizures have been on the rise in Western Canada. Along with these seizures employing traditional methods in the synthesis of intermediate precursors, we have observed a new trend towards the Wacker oxidation of safrole to MDP-2-P. Sassafras oil is used in an unpurified state as the source of Safrole. In two lab seizures, along with sassafras oil, mixed within the typical myriad of unrelated chemicals was N-bromosuccinimide from commercial sources. While its use was unknown at the time, due to the fact that the main precursor was found in great abundance little thought was given to this reagent. A third seizure of the halogenated reagent occurred April 2000 in a

An underground laboratory producing phencyclidine was discovered in June 2000 in Moscow. The employee of one of Moscow Institutes of Higher Education was making the synthesis. During the search, the militiamen found 0.5 g of phencyclidine, 40 g of 1-piperidinocyclohexancarbonitrile, potassium cyanide, cyclohexanone, and piperidine as well as a lot of laboratory glassware and different organic solvents. The suspect was synthesizing the explosive substance hexogen, which was obtained by treating of urotropin with nitric acid. In the country-house (“dacha”) and in the flat of the suspect there were found tens of grams of hexogen, nitric and sulfuric acids as

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VOLUME 11 NUMBER 2 — APRIL 2001

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION well as urotropin in the amount of 25 kg. In August 2000 in a warehouse of one of towns near Moscow there was discovered 3.5 tons of methaqualone in the form of tablets and powder. The tablets were gray colored with the weight of 1 g, a diameter of 12 mm and a thickness of 5 mm and were packed in plastic bags in 34 cardboard boxes. methaqualone powder was packed in one barrel. The tablets may be divided into two types. The tablets of the first type have a star on one side and swastika on the other side. The tablets of the second type also have a star on one side and the emblem of the company “Volkswagen” on the other. The tablets in two barrels contained an admixture of diphenhydramine. In October 2000 at Moscow State University, an underground laboratory producing amphetamine was discovered. Amphetamine was synthesized from phenylpropanolamine obtained from the medicine “Coldact”, by means of crystallized iodine and red phosphorus. During the search, samples were withdrawn of the empty packaging of the medicine “Coldact”, crystallized iodine, red phosphorus, caustic soda (sodium hydroxide) as well as ready solution of amphetamine. The manufacturers could take the obtained amphetamine as intravenous injections or drink it diluted with water. Vladimir I. Sorokin Forensic Science Center – Moscow, Russia

PIPERAZINES IN ROANOKE, VIRGINIA As a result of an undercover buy, fifty pink tablets with a fly logo were submitted to the Division of Forensic Science Western Laboratory (photo 1). The tablets were analyzed and found to contain two piperazine homologs: benzylpiperazine (BZP) and N-(3-trifluoromethylphenyl)piperazine (TFMPP), which are noncontrolled substances in Virginia. Dibenzylpiperazine, a byproduct of BZP manufacture, was tentatively identified by GC/MS but a standard was not available. According to web site users of these two compounds, the effects of BZP are similar to the amphetamines, CNS stimulants, and TFMPP has psychomimetic effects similar to MDMA. The combination of

the two substances mimics the effects sought by recreational users of MDMA. The tablet effervesced with the Marquis reagent and blue specs were noted with the cobalt thiocyanate reagent. Thin-layer chromatography gave adequate separation with the following two solvent systems: 4% diethylamine in toluene and chloroform:methanol (9:1). Acidified iodoplatinate spray reagent was used to visualize the spots. Confirmation of BZP and TFMPP was by GC/MS comparison of samples to standards obtained from Aldrich Chemical Co. References for this analysis were found in the CLIC material presented at the 9th Annual Technical Training Seminar in Toronto, Ontario – Canada. Brenda P. Mason DFS Western Lab – Roanoke, VA

METHAMPHETAMINE / AMPHETAMINE LAB SEIZURE IN BEAUDESERT, QUEENSLAND, AUSTRALIA. In December 2000 a combined National Crime Authority and Queensland Police Service operation resulted in the seizure of a large amphetamines laboratory in a rural township one hour south of Brisbane. The equipment was not active at the time of apprehension. Apparatus included three 25 litre flange top reaction vessels, a number of smaller units and a large assortment of glassware. The laboratory had been utilizing the HI / P process to reduce both pseudoephedrine to methylamphetamine and phenylpropanolamine to amphetamine. The source of these precursor materials was by diversion from a veterinary supply company. A substantial quantity of iron sulfide and iodine together with sulfur contaminated vessels suggest the hydriodic acid was being produced by way of hydrogen sulfide. The mixing machine shown here (photos 2-5) had been constructed for the purpose of combining the amphetamines produced with cutting agents. It is reported to have cost in the order of $70,000 (Aust) and was designed to accommodate 200 litre plastic drums being placed under the dispensing outlet. A restraining order for $5,250,000 has been issued against the defendant. Peter Vallely Queensland Health Scientific Services Brisbane, Australia.

LITHIUM-AMMONIA LAB IN JUNEAU , ALASKA

Photo 1: Tablets containins BZP and TRMPP

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After investigating a complaint of toxic fumes from the lower unit of duplex in Juneau, Alaska, investigators from Southeast Alaska Narcotics Enforcement Team (SEANET) discovered a suspect methamphetamine production site. Chemicals associated

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Photo 2: Custom manufactured mixer.

Photo 3: Custom manufactured mixer.

Photo 5: Mixing blades in hopper with methamphetamine manufacture, as well as suspect methamphetamine, were discovered, seized, and sent to the state’s Crime Lab in Anchorage. The tenants in the upper portion of a house, while wishing to remain anonymous for fear of retribution, complained of strong odors entering the house at night, seemingly from a downstairs apartment. The odors were described as smelling like super glue or ether. The fact that children in the residence were sick, coughing, had swollen eyes, and were vomiting, prompted them to call the police. The occupants allowed officers to enter the lower apartment and talk to them about complaints of toxic odors. There they discovered kerosene, unwrapped lithium batteries in the trash, toluene, muriatic acid, denatured alcohol, Red Devil lye, xylene, and a metal container of pink crumbly paste. A search warrant then uncovered cash, ziplock bags, baggies of white powder, scales, a large tank of anhydrous ammonia, Sudafed and Actifed boxes, used coffee filters, documentation of sales, and a handwritten recipe for producing methamphetamine by the “Grivgard Method”, utilizing lithium, pseudoephedrine, and anhydrous ammonia and recommending a time allowance of “4-6 hours without worrys (like smelled vapors by nosy neighbors)”. Alaska had not previously uncovered evidence of a dissolving metal Birch reaction lab. Jill Booth AK DPS Crime Laboratory – Anchorage

EPHEDRINE PULLED FROM PACIFIC MARINE EXCHANGES Photo 4: Platform for accessing mixing hopper

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The Marine Forces Pacific commander has ordered exchanges on Marine bases in the Pacific to clear the shelves of products containing ephedrine. Stars and Stripes reports that the decision

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION does not affect Army or Air Force bases. Ephedrine alkaloids are found in dietary supplements as well as body-building and performance-enhancing drugs. The Honolulu Star Bulletin reports that the Navy stopped the sale of the dietary supplements at Pearl Harbor and its exchanges in Japan on Feb. 1. A Navy spokesman said young Marines are attracted to ephedra, a powerful chemical stimulant found in many sports and dietary supplements, for the energy-boosting qualities manufacturers advertise. However when Marines go on long hikes, ephedra can exaggerate the heat effects. The military has documented medical cases where significant adverse effects and deaths have occurred among active-duty service members taking dietary supplements and other preparations containing ephedrine. MilitaryReport.com The Military Community’s FREE Weekly Email Newsletter Thursday, February 15, 2001

SOUTHEAST MISSOURI UNUSUAL LABS There have been 2 items encountered in clan labs here in the last year. The first was a lab with a large number of television picture tubes. The statement from the alleged lab operator was that they were recovering phosphorus from the inside coating of

Photo 7: Pump and tap for chromatographic column. the tubes. He claimed to have made “good stuff”, but then they always do. The second, I reported at the Brisbane meeting, was an individual who was making his own anhydrous ammonia. The method this individual used was referenced to http:// hive.lycaeum.org/wwwthreads/ and is found under Crystal Meth Mister_Clean (smartass) 10-03-00 21:27 and is entitled “The COMPLETE birch.” Since the Brisbane meeting I’ve heard of other ammonia generators being located in Arkansas. Pamela Johnson SEMO Regional Crime Laboratory – Cape Girardeau

TULSA’S FIRST GHB LAB SEIZURE In January 2001, the Tulsa Police Department Street Crimes Unit (TPDSCU) processed Tulsa, Oklahoma’s first GHB lab. Materials recovered included: GHB, gamma-butyrolactone (GBL), sodium hydroxide, glass cookware, and pH paper. Methamphetamine, dextromethorphan, alprazolam, carisoprodol, and stanozolol were also seized at the residence. TPDSCU believes that the suspect was ordering the GBL over the internet from Canada. Another interesting thing to note, one of the suspects bedrooms contained all the materials necessary for a working tattoo parlor which is illegal in Oklahoma. The suspect was very cooperative and stated that he was no longer doing tattoo work because it was “illegal”. John Paulson Tulsa Police Department Forensic Laboratory – Tulsa, OK

Photo 6: PVC pipe chromatographic column

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION HYPOPHOSPHOROUS ACID PRODUCTION OPERATION

MARTHA STEWART DISCOVERS LAB GLASSWARE

At the closure in April of a drug operation conducted jointly by the Queensland Police Service, The National Crime Authority and the Queensland Crime Commission, a number of drug manufacturing sites were raided. At a semi-rural property south of Brisbane, a production plant for the manufacture of hypophosphorous acid was discovered. The process centered about a 2 meter length of PVC pipe which had been converted into a chromatographic column packed with approximately 80 litres of an ion exchange resin (photos 6-7). Initially the bed was activated with hydrochloric acid, flushed with water to neutral then a solution of sodium hypophosphite was pumped through the bed allowing hypophosphorous acid to be collected as the effluent at the base of the column. Column pH was monitored by a meter set into the takeoff assembly. The acid solution thus produced was transferred into a large electrically heated stainless steel bath and water removed by evaporation until the required acid concentration had been attained. This step was controlled by monitoring the density of the solution with a captive hydrometer. The exact identity of the resin and its performance characteristics are yet to be determined.

Martha Stewart, the famed guru of lifestyle, has discovered what we’ve all known for awhile: laboratory glassware is chic. In the latest issue of “Martha Stewart Living” (May 2001, pp. 187-193), Stewart suggest the use of graduated cylinders for mixing cocktails and bud vases, beakers, separatory funnels (“separates immiscible liquids … think oil and water”), porcelain funnels, mortar dishes, and crucibles for other functional and decorative purposes. She didn’t, however, mention what great terrariums you can make from a 22-liter round bottom flask. Though the sources of the supplies she featured were not the common suppliers like VWR, Fisher Scientific, or Lab Glass, it is reasonable to expect inquiries from investigators who encounter a Martha Stewart “wanna-be” buying supplies previously only encountered in drug labs.

Peter Vallely Queensland Health Scientific Services Brisbane, Australia.

URINE EXTRACTION LABORATORIES IN GEORGIA Recently, this laboratory has received a number of reports of methamphetamine users saving their urine and extracting out the amphetamines for re-use. Jars of urine have been discovered at a number of clan labs in the past few months, which would seem to verify the reports. This was the first time this has been seen and recognized by our laboratory system, so we didn’t even know if it was a feasible method. From information found in “Disposition of Toxic Drugs and Chemicals in Man,” by Randall C. Baselt, we can now say this indeed is feasible. Depending on the urine acidity, the users can theoretically get up to 83% of the dose from 24 hour urine as a mixture of methamphetamine and amphetamine. As the urine gets more basic, the amount of amphetamines present predictably decreases. While we don’t know a realistic yield that a clandestine chemist might obtain from this method, the numbers from Baselt indicate that this would be worthwhile for the user. However, toxicologists tell me that the urine smell would likely carry through into the final product.

Pia Ann Ely Concord, CA

LARGE LAB FOUND IN SANTA CRUZ COUNTY On April 30, 2001, California Bureau of Forensic Services – Freedom Laboratory Criminalists Meghan Kinney and Julie Doerr responded to a suspected clandestine laboratory located in rural Santa Cruz County, near Corralitos. Personnel from San Jose BNE and BFS Latent Prints - Sacramento also responded to the lab. Five individuals were taken into custody. Items at the site included iodine, 22-liter round-bottom flasks and heating mantles, separatory barrels, numerous solvent cans, approximately two dozen empty Red Devil Lye containers and a hydrogen chloride gas cylinder. It appeared that the site had been in operation for quite some time and that the operators may have been dumping waste on the property, about 5 yards from a creek. A make-shift “pit” had been dug for storage and had a hinged board over it for access to the storage area. Over 55 gallons of suspected methamphetamine in solution were found at the site. Julie Doerr CA BFS Lab – Freedom

Christian C. Matchett Georgia Bureau of Investigation Northwestern Regional Crime Lab

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ARSENIC OXIDE: A POTENTIAL REAGENT IN METHYLAMPHETAMINE SYNTHESIS? PETER N. CULSHAW, PH.D. Forensic Chemistry Queensland Health Scientific Services, Coopers Plains Queensland 4108, Australia

A recent lab seizure in South East Queensland resulted in a typical hypophosphorous acid/iodine/pseudoephedrine lab reaching this laboratory for analysis. The lab was typical of many of the small home production labs we see here in Queensland. On examination, a container of an off-white powder initially drew little interest when analysed by simple spot tests, and TLC and initial assumptions were that it was an innocuous inorganic incipient. However, GC/MS analysis showed a single peak in the chromatogram that had a very simple spectrum, though not one available in our mass spectral library (Fig. 1). Subsequent FT-IR analysis indicated the substance to be arsenic trioxide. Gaseous molecules of arsenic oxide have the formula As4O6, and can be thought of as consisting of four AsO3 units forming a closed group [1]. The mass spectrum, on reflection, corresponded with As4O6. The use of arsenic oxide in methylamphetamine production began to look like a real possibility, when after some initial literature searching, the following arsenic oxide/iodine reaction was identified [2].

As4O6 + 4 I2 + 4 H2O

As4O10 + 8 HI

The generation of hydrogen iodide via this process allows for the possibility that arsenic oxide could in fact be used as a reagent in the manufacture of methylamphetamine. In the hypophosphorous acid/iodine method of converting pseudoephedrine to methylamphetamine, it is the in-situ production and subsequent reaction of hydrogen iodide that brings about the conversion. Whilst pseudoephedrine and iodine are readily available, sources of hypophosphorous acid available to the clandestine chemist are much more restrictive and the potential replacement with arsenic oxide could appear attractive.

EXPERIMENTAL The following experiments were attempted: Methylamphetamine Manufacture A mixture of pseudoephedrine, iodine and arsenic oxide in water was gently heated for several hours. Subsequent GC/MS analysis of the reaction mixture indicated that no methylamphetamine was formed, only unreacted start material was detected.

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On heating the above mixture in excess of ~100°C, elemental arsenic was observed to sublime and coat the inner wall of the condenser. Analysis of the reaction mixture indicated the presence of pseudoephedrine and arsenic oxide start material. However, trace levels of aziridine were also observed. Hydrogen Iodide Manufacture A mixture of iodine and arsenic oxide in water was heated in a sealed system and the resultant out-gassings passed through a water trap to capture any hydrogen iodide formed as the corresponding hydriodic acid. Subsequent analysis of the water trap by ion chromatography showed a low concentration of iodide ion.

RESULTS It appears that whilst this process may generate HI, the reaction is reversible, hence low yielding. Such low yields make this route not suitable for the in-situ generation of HI for methylamphetamine manufacture, as HI concentration is never sufficiently high enough to bring about a reaction. Ishii et al [3], investigated the reaction of As2O3 with X2 (X = halogen) in water. Whilst HCl and HBr were readily generated with the corresponding Cl2 and Br2 reactions, the use of I2 was less successful; the reverse reaction pathway proceeded on heating the reaction mixture and any HI formed was subsequently oxidised. This observation appears to confirm what we have seen in this laboratory.

SUMMARY Whilst we have not found arsenic oxide to be of use in the production of methylamphetamine in our hands, the fact that low levels of HI and aziridine were detected suggests that it’s presence in a clandestine laboratory cannot be treated lightly. It may well be that some other agent is required to act in-situ to force the equilibrium reaction further to completion. In the particular lab seizure in question, subsequent analysis of some of the reaction mixtures by ICP-MS failed to detect the presence of arsenic, suggesting that at least in this case, the use of arsenic oxide as a reagent may not have been the intention.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION REFERENCES: 1. 2.

3.

“Advanced Inorganic Chemistry”, F.A. Cotton & G. Wilkinson, 1967, 2nd Edition., John Wiley & Sons “General and Inorganic Chemistry”, P.J. Durrant, 1952, 2nd Edition, Longman, Green & Co.

E. Ishii, H. Ishikawa, I. Uehara, N. Akira, & M. Nakane, Osaka Koyogo Gijutsu Shhikensho Kiho, 1982, 33, 12-19; Chemical Abstracts 1982:201890

Fig.1. Mass spectrum of powder corresponds to As4O6

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CLANDESTINE EXTRACTION OF LYSERGIC ACID AMIDE (LSA) FROM MORNING GLORY SEEDS KATHY S. SHANKS, M.S. Wisconsin State Crime Laboratory-Milwaukee 1578 S. 11th Street Milwaukee, Wisconsin 53204

ABSTRACT Lysergic Acid Amide (LSA) has been extracted and isolated from morning glory seeds. Identification of LSA was accomplished by employing thin-layer chromatography, gas chromatography, and gas-chromatography/mass spectrometry.

INTRODUCTION The Wisconsin State Crime Laboratory, in Milwaukee, recently received a unique case containing: one large bottle of clear yellow liquid, one large bottle of clear yellow liquid and sediment, one large bottle containing a clear, colorless bilayer liquid, a plastic bag containing ground feed-like material, and a plastic bag of black seeds. Upon further inspection, the seeds appeared to be morning glory seeds. Referring to literature references and examining internet sites, it was deduced that the bottles might possibly contain substances derived from morning glory seed extractions [1, 2, 3, 4, 5, 6, 7]. To obtain lysergic acid amide (LSA) from morning glory seeds, it is necessary to ingest the seeds, or to follow several steps to extract the LSA from the seeds. To extract the LSA, first grind the seeds to a powder, soak the seed material in a nonpolar solvent to remove botanical oils from the seeds, discard the nonpolar solvent, and then soak the seed material in a polar solvent. The extracted LSA will then be present in the polar solvent. The solvent can be evaporated and a sticky solid is obtained for dosing. Internet sites also stated that the sticky substance could be mixed with dry filler to ease dosing [4, 5, 6, 7, 9]. Possession of morning glory seeds is not illegal. Therefore, analysis of the evidence for confirmation of controlled substances in this case was quite delicate. It was decided that the best course of action was to confirm the presence of LSA in the bottle containing liquid and sediment.

confirmation. To confirm the presence of LSA, the yellow liquid was removed from the bottle containing the sediment. The solvent was then allowed to evaporate out of the sediment. The sediment was then soaked in approximately 200 mL of methanol for 4 days. The methanol was decanted and allowed to dry. After drying, a sticky yellow substance remained. The substance was then dissolved in 50 mL of 10% ammonium hydroxide. The basic solution was transferred to a 500 mL Erlenmeyer flask. Approximately 200 mL of diethyl ether was added and the flask was swirled. The solution was then transferred into a 500 mL separatory funnel. The ether solution was then extracted three times with 25 mL portions of 2% sulfuric acid. The acid portions were combined. The solution was made basic with solid sodium carbonate. The solution was then extracted three times with 25 mL portions of chloroform. The chloroform extracts were combined and evaporated under cool air and low light [1,2]. The white residue, which remained after the chloroform was evaporated, was then brought up in methanol. The methanol solution fluoresced when placed under ultraviolet light. A para-dimethylaminobenzaldehyde (p-DMAB) color test was performed on the methanol extract, and it produced a violet color. Thin layer chromatography was then performed on the methanol extract. A LSA standard (provided by DEA), dissolved in methanol, was spotted against the sample. A silica coated glass plate was used as the solid phase, and a solution of 96 mL chloroform / 4 mL ethanol was used as the mobile phase. O H2N

O H

H

H

N

CH3

NH2

H

N

CH3

EXPERIMENTAL According to internet sites, to obtain one dose of LSA from ground seeds, approximately 30 g of seeds should be used [9]. Approximately 100 seeds should be used if a person wishes to ingest them [8]. It is suggested that the seeds be washed and/or soaked to remove any toxic chemical coatings [9]. Based on this information, a sample size of 100 g of sediment was used to ensure that a sufficient of amount of LSA would be available for

VOLUME 11 NUMBER 2 — APRIL 2001

N H Lysergic Acid Amide

N H iso-Lysergic Acid Amide

Figure 1. Lysergic acid amide and iso-lysergic acid amide structures.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION The chromatographic plate was then developed using an acidified solution of p-DMAB. Both the sample and the standard produced two purple spots at the same relative Rf values. This was expected because a portion of the LSA undergoes a rearrangement in methanol to produce iso-LSA [1]. Figure 1 shows the structures of LSA and iso-LSA. The sample and the standard were analyzed using a Hewlett Packard 5890 Series II Gas Chromatograph with a 15M DB-1 column installed. The temperature conditions used were 280-300 C° @ 10 C° / minute. Both the standard and the sample each produced two chromatographic peaks. Figure 2 shows the chromatogram for the LSA standard in methanol. Both the standard and sample then were analyzed using a Hewlett Packard 6890/5973 Gas Chromatograph/Mass Spectrometer. A 30M HP-5 0.25 I.D. column was employed with the temperature conditions of 80-300 C° @ 20 C° / minute. It was expected that two chromatographic peaks would be present. One peak corresponding to LSA and the other to iso-LSA. Both the standard and the sample showed chromatographic peaks at approximately 13.3 minutes and 13.5 minutes. The corresponding mass spectra were also the same for the standard and the sample. Figures 3, 4, and 5 show the total ion chromatogram and mass spectra for the LSA standard in methanol. The mass spectra were also compared to literature [3].

of the nonpolar solvent, and subsequent extraction with a polar solvent. The paste, which resulted from evaporation of the polar solvent, had to be subjected to a number of additional extraction procedures to enable scientific confirmation of the LSA present in the sample.

ACKNOWLEDGEMENTS I wish to thank Mr. James Oehldrich for his invaluable assistance in obtaining references for completing this analysis.

REFERENCES 1.

2. 3. 4. 5.

CONCLUSION

6.

When the evidence was originally obtained, the clandestine LSA extraction procedure had been partially completed. The item chosen for analysis contained both ground seed material and a nonpolar extraction solvent. In order to obtain LSA from the sample, the extraction process had to be completed via evaporation

Response_

7. 8. 9.

Miller, Michael D., “Isolation and Identification of Lysergic Acid Amide Isolysergic Acid Amide as the Principal Ergoline Alkaloids in Argyreia nervosa, a Tropical Wood Rose,” Journal of the AOAC, 53-1, 1970, pp.123-127. Sperling, Albert, “Analysis of Hallucinogenic Drugs,” Journal of Chromatographic Science, 10, 1972, pp. 268-275. Pharmaceutical Mass Spectra, Ardrey, R.E., Allan, A. R., Bal, T. S., Joyce, J. R. and Moffat, A. C., The Pharmaceutical Press (London), 1985, pp. 337. http://www.erowid.org/plants/morning_glory/ morning_glory_faq.shtml http://www.erowid.org/plants/morning_glory/ morning_glory_extraction2.shtml http://www.lycaeum.org/drugs.old/other/extraction/ extract2.html http://www.clearwhitelight.org/hatter/LSAextraction.htm http://www.erowid.org/plants/morning_glory/ morning_glory_dose.shtml http://www.totse.com/en/drugs/psychedelics/make.html

001B0101.D\FID2B

38000 34000 30000 26000 22000 2.051

18000 14000 10000 6000 Time

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Figure 2. Gas Chromatogram of LSA standard

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Abundance

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Average of 13.343 to 13.375 min.: KSS1209.D 267

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Figure 5. Mass spectrum of second peak.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

– ERRATA – Due to technical and proofreading problems, the infrared (IR) spectra of all the compounds referred to in the paper “Analogs of GHB. Part 2: Analytical Perspectives” [JCLIC, Volume 11, Number 1, January 2001, pp. 16 – 30] were not completely printed. The Editor apologizes to the readers and Jeremy Morris, the paper’s author, for this error. This document contains the complete IR spectra of those compounds. Please insert this document into your CLIC Journal for future reference. In addition, a copy of this document will be posted to the CLIC Intranet site (http://clic.intranets.com) under the documents section.

Figure 3. Infrared spectrum of GHB, sodium salt 100 90

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Figure 9. Infrared spectrum of 4-methyl GHB 100 90

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Figure 16. Infrared spectrum of GABA 100 90

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Figure 17. Infrared spectrum of GABA, sodium salt 100 90

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Figure 21. Infrared spectrum of 2-pyrrolidinone 100 90

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Figure 25. Infrared spectrum of N-methyl GABA HCl 100 90

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Figure 26. Infrared spectrum of N-methyl GABA, sodium salt 100 90

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Figure 32. Infrared spectrum of 1,4-butanediol 100 90

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2001 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 11 NUMBER 1 — JANUARY 2001

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 11 NUMBER 1 — JANUARY 2001

IN THIS ISSUE ... Patrol Chemist Said To Admit Drug Pilfering ............................................... 2 LSD Lab Rivals Largest In U.S. ................................................................... 3 Two Bay Area Men Busted in Big LSD Lab Raid ........................................ 3 Failure To Establish Production Capacity Remands Sentencing ................... 4 Abstracts From 10th Annual Technical Training Seminar ............................ 8 Lab Seizures ................................................................................................ 14 Analogs of GHB. Part 2: Analytical Perspective ....................................... 16 Jeremiah A. Morris Analysis Of Anhydrous Ammonia Via ........................................................ 31 Precipitation Of Ammonium Salt J.C. Smiley, Teresia Hickmon and Carol Karr

Association Officers President: Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284 Vice-President: John Hugel Health and Welfare – Canada 2301 Midland Ave Scarborough, ON M1P 4R7 CANADA (416) 973-2146 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (316) 792-4353 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main St Ste 700 San Francisco, CA 94105-2018 (415) 744-7051 Past-President: Catherine Wojcik San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200

2001 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Executive Board Members: Eric Lawrence Indiana State Police Laboratory 8500 E 21st St Indianapolis, IN 46219-2598 (317) 899-8521 Gina Williams San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, Ca 92408-1604 (909) 387-2200

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

PATROL CHEMIST SAID TO ADMIT DRUG PILFERING SCOTT NORTH, HERALD WRITER Published on HeraldNet (Everett Herald) Thursday, January 11, 2001 MARYSVILLE – A Washington State Patrol chemist allegedly has admitted pilfering heroin sent for crime lab tests and then using the illegal drug to treat his chronic back pain. The man, 51, allegedly admitted his thefts and drug use when confronted by patrol detectives December 22, according to documents The Herald obtained Wednesday under state public records laws. Co-workers at the state crime lab in Marysville asked for the investigation after they became concerned about the man’s insistence on handling heroin cases. A hidden camera allegedly documented him repeatedly stealing heroin from evidence that had been sent to the crime lab for tests. “I have had chronic back pain for years,” the chemist said, according to a transcript of a taped interview with detectives. “I found something that made it feel better. ... I pray to God every night that I could stop, and I never wanted to hurt anybody. And I especially don’t want to hurt my family. I don’t want to hurt the State Patrol.” The chemist has worked for the patrol for 11 years as a forensic scientist, a job he also held in California. He was placed on paid administrative leave in late December. The man is under investigation for felony violation of drug laws, theft and tampering with evidence. No arrest has been made, and no charges have been filed. Snohomish County prosecutors are reviewing the man’s taped statement and other aspects of the patrol’s investigation. Prosecutors are concerned the man’s alleged misconduct may have undermined numerous drug cases. Sentencing in one local drug case was postponed earlier this week because the forensic scientists had been involved in testing evidence. Hundreds, and perhaps thousands, of other drug cases

are potentially affected because of questions raised by the man’s handling of evidence, said Jim Townsend, the county’s chief criminal deputy prosecutor. Prosecutors already are preparing motions to dismiss several cases, Townsend said, although he did not immediately know how many. “We are just touching the surface,” he said. The patrol’s Marysville crime lab is used to process evidence for cases from several area counties. The key question is whether anything the man may have done has compromised the chain of custody that must be established in court to show that specific drugs actually were seized from a suspect. The chemist allegedly told detectives that he hadn’t intended to begin using heroin, but accidentally sniffed concentrated, crystalline dust left over from an evidence test. He said there was immediate relief from his back pain, and he regularly began sniffing small amounts of heroin that he’d purified in the laboratory, documents show.

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes ............................. OSP Forensic Laboratory – Portland, OR ............................................... (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab – Burnaby, B.C. .............................. (604) 666-3479 Tim McKibben ........................DEA Special Testing and Research Lab – McLean, VA ........................ (703) 487-3040 O. Carl Anderson ....................Kansas Bureau of Investigation Lab – Great Bend, KS .......................... (316) 792-4353 Jerry Massetti ..........................CA Criminalistics Institute – Sacramento, CA ....................................... (916) 227-3575 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452 Peter Vallely ............................ J. Tonge Centre for Forensic Science - Brisbane, Australia ................... 617-3274-9031

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VOLUME 11 NUMBER 1 — JANUARY 2001

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LSD LAB RIVALS LARGEST IN U.S. AUTHORITIES SEIZE WAMEGO HUGE FACILITY BEFORE IT BEGINS PRODUCTION

Lawrence - Journal – World, Lawrence, Kansas The Associated Press Wednesday, November 22, 2000 Wamego — Federal officers were finishing up their investigations at an LSD laboratory near Wamego that experts are calling one of the largest drug laboratories in the country. Shirley Armstead, spokeswoman for the Drug Enforcement Administration district office in St. Louis, said investigators have discovered enough chemical ingredients found in the drug to produce between 36 million and 60 million doses of LSD. “They are predicting that this laboratory could have been supplying a third of the LSD in the United States and maybe the world,” Armstead said. “This particular laboratory is one of the biggest labs that has been seized in this country.” Armstead said the evidence seized so far indicated the lab had not yet produced any of the drug. She also noted that the DEA had not seized an LSD lab in the United States since 1991. William Leonard Pickard, 55, and Clyde Apperson, 45, both of San Francisco, are scheduled to be arraigned Friday in federal court in Topeka. A federal court clerk said each defendant faced one count of conspiracy to manufacture, distribute and dispense LSD. The DEA said because of the quantity of chemicals found Nov. 7 at the former missile silo just west of Wamego, each man could spend from 10 years to life in prison. Pickard was arrested November 7 after a Wamego couple he had asked for a ride to Manhattan became suspicious and called police. Apperson was arrested that day after he was stopped driving a truck in Wamego. U.S. District Court Judge Richard D. Rogers allowed Apperson to post $200,000 bond last Friday if he agreed that he would forfeit property for failure to appear in court.

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TWO BAY AREA MEN BUSTED IN BIG LSD LAB RAID PAIR PRODUCED THIRD OF NATION’S SUPPLY IN KANSAS MISSILE SILO, DEA SAYS Seth Rosenfeld, Chronicle Staff Writer San Francisco Chronicle Thursday, December 7, 2000; Page 1A Two Bay Area men have been arrested for allegedly running a massive LSD laboratory hidden inside a decommissioned nuclear missile silo in Kansas. U.S. Drug Enforcement Administration agents said their investigation showed that the lab, deep inside an old Atlas missile silo in rural Kansas, produced tens of millions of doses of LSD each month. “They are predicting that this laboratory could have been supplying a third of the LSD in the United States and maybe the world,” Shirley Armstead, a spokeswoman for the DEA office in St. Louis, told reporters after the arrests. “This particular laboratory is one of the biggest labs that has been seized in this country.” William Leonard Pickard, 55, of San Francisco, allegedly a longtime underground drug chemist, and Clyde Apperson, 45, of Mountain View, his alleged assistant, were each indicted on Nov. 9 by a federal grand jury in Kansas City, Kansas, on one count of conspiracy to make and distribute LSD. Pickard is in federal custody and Apperson was released on a $200,000 bond. They are scheduled for a December 20 hearing on pretrial motions in U.S. District Court in Topeka, Kansas. Their lawyers could not be reached for comment yesterday. Reached at his home, Apperson declined to comment. The purported conspiracy sounds like a take-off on Peter Seller’s Cold War movie “Dr. Strangelove.” Atlas missiles were introduced in 1959, the nation’s first intercontinental ballistic missile. Aimed at the Soviet Union, they carried powerful nuclear warheads and were stored horizontally on railways in underground concrete silos whose retractable roofs dotted the Midwest countryside. The missiles were decommissioned in the mid-1960s, just as the hippie scene, the peace movement and psychedelic drugs like LSD became popular with American youth. LSD trips were touted as a chemical path to cosmic enlightenment and “inner space.” According to a DEA agent’s affidavit, Pickard and Apperson converted the former nuclear silos to underground acid laboratories and each month made about a kilogram of LSD, enough for 10 million doses. The LSD factory was discovered when a third person involved in the ring became an informant and told DEA agents about it, according to the affidavit, which was filed in court as the basis for one of the searches. The third person, who is not named in

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION the affidavit, allegedly helped Pickard and Apperson find places to set up their labs. The lab had been based in another former missile silo near Salina, Kansas. But in July the informant moved it to the Atlas missile silo his family had bought as government surplus in Wamego, Kansas, a sparsely populated area about 30 miles northwest of Topeka, the affidavit says. The informant allowed DEA agents to electronically monitor his phone calls with Pickard, as well as an October 23 meeting about the LSD operation with Pickard at the Four Points Barcelo Sheraton Hotel in San Rafael, it says. On October 27, the informant took a DEA agent on a tour of the silo, and in November agents videotaped Pickard, Apperson and the informant at the lab. Pickard and Apperson decided to move the operation, the affidavit says. The defendants were under surveillance and were arrested after they fled from Kansas Highway Patrol officers who pulled them over on November 6 as they allegedly attempted to transport their LSD lab from Kansas to Aspen, Colorado, in two rental cars. Apperson was arrested that day, but Pickard evaded arrest until November 7, the DEA said in court records.

DEA agents have searched two San Francisco addresses associated with Pickard, and on November 7 searched Apperson’s Mountain View home, where they seized computers and CD-ROMS that they suspect contain evidence of the LSD operation. Pickard and Apperson are longtime clandestine chemists, according to the affidavit. In 1988, Pickard was arrested by Mountain View police for making LSD, but the charge was dropped because he had been an informant for both the California Bureau of Narcotics Enforcement and the DEA, it says. Apperson has no criminal history, the affidavit says. On November 18, the DEA issued a press release warning neighbors that agents in blue full-body protective suits would return to the silo to dismantle the lab, “so they wouldn’t be alarmed by the appearance of the guys in the suits.” People who lived near the silo told the Topeka Capital-Journal they had been suspicious of late-night activity at the former military site. “They were acting strange, but I figured they came from different parts,” said Rod Etienne.

FAILURE TO ESTABLISH PRODUCTION CAPACITY REMANDS SENTENCING In the United States Court of Appeals For the Seventh Circuit No. 00-1395 United States of America, Plaintiff-Appellee, v. Gary J. Eschman, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Illinois. No. 99-30066-DRH—David R. Herndon, Judge. Argued June 8, 2000—Decided September 14, 2000 Before Easterbrook, Kanne, and Williams, Circuit Judges. Williams, Circuit Judge. Gary J. Eschman pleaded guilty to several drug-related charges and a gun charge. Rejecting Eschman’s objections to the quantity of drugs attributable to him for sentencing purposes and declining to reduce Eschman’s sentence for acceptance of responsibility, the district court

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sentenced Eschman to almost twenty years in prison. Eschman appeals his sentence, and for the reasons stated herein, we reverse. I. Because Eschman does not challenge his conviction, we discuss only those facts relevant to his sentencing. Acting on a tip from a local Wal-Mart store that had sold Eschman’s son-in-law Anthony Jines a large quantity of pseudoephedrine, a precursor to methamphetamine, agents from the Metropolitan Enforcement Group of Southwestern Illinois (MEGSI) conducted a search of the residence where Eschman lived with Anthony Jines and his daughter, Darlla Jines. The agents found, among other things, methamphetamine in the Jineses’ bedroom, and two firearms and 6,400 30-milligram pseudoephedrine pills in Eschman’s bedroom [1]. Shortly after criminal charges were filed against him, his daughter, and his son-in-law, Eschman pleaded guilty to conspiracy to manufacture and possess with intent to distribute methamphetamine, in violation of 21 U.S.C. sec. 841(a)(1), 846, maintaining a place for the manufacture of methamphetamine, in violation of 21 U.S.C. sec. 856(a)(1), and being a felon in possession of a firearm, in violation of 18 U.S.C. sec. 922(g)(1) [2]. In doing so, Eschman admitted that he “cooked” or manufactured methamphetamine in a shed next to the Jineses’ residence.

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VOLUME 11 NUMBER 1 — JANUARY 2001

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Since the sentencing guidelines base the applicable offense level on the drug quantity involved, the key question at Eschman’s sentencing was how much methamphetamine should be attributed to him. See U.S. Sentencing Guidelines (U.S.S.G.) sec. 2D1.1 (1998). Before his sentencing, the government (and later the Probation Department in its pre-sentence report) estimated the “production capacity” of Eschman’s methamphetamine “laboratory” (i.e., the shed) to be 177 grams of actual (pure) methamphetamine based on a 100% “theoretical” yield of the pseudoephedrine pills found in his possession (i.e., converting pseudoephedrine into methamphetamine at a one-to-one ratio). Eschman, however, objected to this 100% conversion rate as a means for determining his base offense level. At sentencing, Eschman introduced testimony from Dr. Terry Martinez, a chemist and professor at the St. Louis College of Pharmacy, who stated that a 100% conversion rate is merely theoretical and that professional chemists can only obtain a 90% yield using professional equipment. Based on a scientific study conducted by the Iowa Department of Public Safety (“Iowa study”), Dr. Martinez indicated that an average yield for a clandestine laboratory is from 40% to 50%. He stated that a clandestine laboratory can, at most, obtain an 80% yield. He characterized Eschman’s lab as “primitive” and testified that no expert, in his view, could determine the possible yield of methamphetamine for Eschman’s lab. In rebuttal, the government offered the testimony of Virginia Kleekamp, a chemist with the Drug Enforcement Administration (DEA). Kleekamp testified that DEA chemists do a theoretical conversion rate of pseudoephedrine to methamphetamine of 100%, or one-to-one, adjusted only for the difference in molecular weight. She explained that the DEA uses a one-to-one theoretical conversion ratio because it is difficult to obtain an accurate measure of the production capacity of a clandestine laboratory. She admitted, as a practical matter, that it is impossible to obtain a 100% yield. She indicated that an average yield for a clandestine laboratory is from 40% to 60%, but she has noted yields as high as 85%. However, she did not dispute the findings of the Iowa study. After hearing testimony from these two experts, the district court found Dr. Martinez’s testimony not credible and accepted the one-to-one conversion ratio as a means to determine the applicable base offense level. The district court agreed with the pre-sentence report that the production capacity of Eschman’s laboratory was 177 grams of pure methamphetamine. Based on the statements and testimony of Anthony Jines, who sold methamphetamine produced by Eschman, the district court also determined that Eschman manufactured, at least, 36 ounces (or 1020.6 grams) of mixture or substance containing methamphetamine. On the basis of these drug amounts, the district court determined that Eschman had a base offense level of 34 [3], which when increased by two levels for his possession of a firearm, resulted in an offense level of 36. The district court then denied Eschman a three-level reduction in his offense level for

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acceptance of responsibility, concluding that Eschman had not genuinely accepted responsibility under the sentencing guidelines. The court sentenced Eschman to two 235-month sentences for the drug- related convictions (the upper limit of the relevant sentencing range) and a 120-month sentence for the felon-inpossession conviction, all to be served concurrently. On appeal, Eschman argues that the district court erred in calculating his base offense level by (1) holding him accountable for 177 grams of pure methamphetamine and (2) denying him a three-level reduction for acceptance of responsibility. II. We review the district court’s calculation of drug quantity, as well as its determination of whether a defendant has accepted responsibility, for clear error. See United States v. Johnson, 200 F.3d 529, 537 (7th Cir. 2000); United States v. Mancillas, 183 F.3d 682, 711 (7th Cir. 1999). A. Drug Quantity Calculation Eschman argues that the district court erred by holding him accountable for 177 grams of pure methamphetamine based on the amount of pseudoephedrine found in his possession. Specifically, Eschman contends that the district court did not have a reliable factual basis for the drug quantity calculation. In cases “[w]here there is no drug seizure or the amount seized does not reflect the scale of the offense, the court shall approximate the quantity of the controlled substance.” U.S.S.G. sec. 2D1.1, cmt. 12 (1998). In making this approximation, the district court may consider “the price generally obtained for the controlled substance, financial or other records, similar transactions in controlled substances by the defendant, and the size or capability of any laboratory involved.” Id. Because there was no seizure of the substance charged in the offense, the district court in this case applied sec. 2D1.1 to approximate the amount of methamphetamine Eschman could have produced in his laboratory based upon the quantity of pseudoephedrine found in his possession [4]. The district court, in accepting the government’s recommendation set forth in the pre-sentence report, found that Eschman could have converted the pseudoephedrine into methamphetamine at a one-to-one conversion ratio (i.e., a 100% yield). We will uphold this finding to the extent it is based on reliable evidence. Johnson, 200 F.3d at 537. From our review of the record, the district court’s finding lacks an evidentiary basis. Both parties’ experts testified that a 100% yield is merely theoretical (in other words, unattainable). The experts also testified that although an 80-85% yield might be possible with a clandestine laboratory, yields in the range of 40%-60% were more probable. This data is confirmed by the Iowa study, which Eschman introduced at sentencing. While the government must prove the quantity of drugs attributable to Eschman only by a preponderance of evidence, United States v. Galbraith, 200 F.3d 1006, 1011 (7th Cir. 2000), the record is void of any evidence which would reasonably support the district court’s decision to base its methamphetamine quantity calculation

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION on a one-to-one conversion ratio. Criminal defendants, like Eschman, have a due process right to be sentenced on the basis of reliable information, id. at 1012, and district courts cannot quantify yield figures without regard for a particular defendant’s capabilities when viewed in light of the drug laboratory involved. See, e.g., United States v. Cole, 125 F.3d 654, 655 (8th Cir. 1997) (relevant inquiry is on what defendant, not “an average cook,” is capable of yielding); United States v. Hamilton, 81 F.3d 652, 653-54 (6th Cir. 1996) (rejecting standardized drug conversion formulas in favor of individualized assessment of defendant’s capabilities); United States v. Mahaffey, 53 F.3d 128, 132-33 (6th Cir. 1995) (same). Here, the record contains no evidence regarding the sorts of yields Eschman could, with his equipment and recipe, obtain in his methamphetamine laboratory (or, for that matter, even evidence regarding yields of similarly-situated defendants) [5]. See United States v. Shaffer, 993 F.2d 625, 629 (7th Cir. 1993) (court may approximate amount that laboratory could have produced based upon DEA chemist’s testimony regarding chemical operations and materials found at “farmhouse” laboratory and production capacity of defendant’s 12-liter flask when taking into account “sloppy” laboratory procedures); Mahaffey, 53 F.3d at 132 (court may approximate amount that laboratory could have produced based upon yields of similarlysituated defendants); United States v. Beshore, 961 F.2d 1380, 1383 (8th Cir. 1992) (court may approximate amount that laboratory could have produced based upon quantity of precursor chemicals, size of laboratory, and recipes to “cook” methamphetamine seized); United States v. Short, 947 F.2d 1445, 1456-57 (10th Cir. 1991) (court may approximate amount that laboratory could have produced based upon testimony of DEA chemist and characteristics of laboratory equipment seized). Thus, the district court erred in relying on the one-to-one conversion ratio when determining Eschman’s base offense level [6]. On remand, the district court must undertake a more precise inquiry into the quantity of methamphetamine attributable to Eschman, using reliable evidence to support its ultimate drug quantity calculation.

nor frivolously contest relevant conduct. United States v. Mancillas, 183 F.3d 682, 711 (7th Cir. 1999); United States v. Purchess, 107 F.3d 1261, 1269 (7th Cir. 1997); U.S.S.G. sec. 3E1.1, cmt. 1 (1998). Here, Eschman pleaded very early in the case and never challenged the charges against him. Although he raised objections to the pre-sentence report at sentencing, he never expressed outright denials of relevant conduct and the district court found his challenge to the “production capacity” evidence not frivolous. Eschman also submitted a statement to the court acknowledging his wrongdoing and expressing regret, and at sentencing, he apologized for his conduct, stating that he was “sorry” for what he did. The district court, however, did not believe Eschman had genuinely accepted responsibility. In light of his early, consistent, and repeated acceptance of responsibility, it appears that the district court’s determination was affected by the manner in which Eschman prefaced his statements. In accepting responsibility, Eschman stood firm in challenging the drug quantity calculation and our earlier discussion demonstrates that he had good reason for doing so. While we do not take lightly the district court’s apparent concerns about Eschman’s contrition, see U.S.S.G. sec. 3E1.1, cmt. 5 (1998) (district court’s determination entitled to “great deference” on review), the court’s finding appears to have been colored by Eschman’s firm, but good faith challenge to the drug quantity calculation. Our decision rejecting the court’s drug quantity calculation places the acceptance of responsibility question in a new light. On remand, the district court should reevaluate whether Eschman is entitled to a three-level reduction in his base offense level for acceptance of responsibility.

B. Acceptance of Responsibility Eschman also challenges the district court’s refusal to grant him a three-level reduction in offense level for acceptance of responsibility under U.S.S.G. sec. 3E1.1. The district court refused to grant the reduction because, in its view, Eschman had not genuinely accepted responsibility, but instead was simply attempting to manipulate the criminal justice system in order to reduce his sentence. Under U.S.S.G. sec. 3E1.1, a defendant who clearly demonstrates acceptance of responsibility for his or her offense is entitled to a reduction in his or her offense level. To qualify for the reduction a defendant must, in a timely manner, (1) demonstrate sincere remorse or contrition, (2) truthfully admit the conduct comprising the offense, and (3) neither falsely deny

3.

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III. For the foregoing reasons, we VACATE Eschman’s sentence and REMAND for resentencing in accordance with this opinion. 1. 2.

4.

The MEGSI agents actually recovered 6,576 pseudophedrine pills, but the lower figure of 6,400 was used for sentencing purposes. Pursuant to the plea agreement, the government dismissed a charge for Eschman’s possession of methamphetamine. In calculating Eschman’s base offense level, the district court converted the two amounts (177 grams of actual methamphetamine and 1020.6 grams of methamphetamine mixture) into marihuana equivalents (1,770 kilograms and 2,041 kilograms, respectively), and added the marihuana equivalents together to obtain a single base offense level. The resulting sum (3,811 kilograms of marihuana) placed Eschman at offense level 34 (for marihuana amounts between 3,000 and 10,000 kilograms). See generally U.S.S.G sec. 2D1.1, cmt. 9 (1998). We find this approach somewhat curious because the sentencing guidelines refer to the size or capability of the laboratory. Under the government’s approach, the production capacity of a laboratory turns on the amount of

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5.

6.

precursor drug (pseudoephedrine) found in the defendant’s possession. This approach seems rather misguided because one would think that the size and equipment of the drug laboratory involved would determine its capacity to produce a controlled substance. However, Eschman does not challenge the government’s approach so we reserve our concerns for another day. While the government asserts that Eschman gave methamphetamine to one of his co-defendants that allows one to calculate a 90% yield figure, the record indicates that this was not pure methamphetamine, but a mixture (which would have a much lower marihuana equivalent). The government contends that the error here is harmless because only a yield figure of less than 60% would require a lower base offense level and the record reasonably demonstrates that Eschman could obtain a 60% yield. However, we did not locate any record evidence that reasonably establishes that Eschman had the capacity to convert pseudoephedrine into methamphetamine at yields of 60% or greater.

Easterbrook, Circuit Judge, concurring. I join the court’s opinion, which resolves the issues the parties presented for decision and holds that the record does not demonstrate that the conspirators could have turned their pseudoephedrine into methamphetamine of equal weight. As my colleagues observe, however, the conversion ratio is a “somewhat curious” subject to pursue. Slip op. 5 n.4. Both the prosecutor and defense counsel misunderstand the import of the provision that affects Eschman’s sentence. Application Note 12 to U.S.S.G. sec.2D1.1 provides: Types and quantities of drugs not specified in the count of conviction may be considered in determining the offense level. See sec.1B1.3(a)(2) (Relevant Conduct). Where there is no drug seizure or the amount seized does not reflect the scale of the offense, the court shall approximate the quantity of the controlled substance. In making this determination, the court may consider, for example, the price generally obtained for the controlled substance, financial or other records, similar transactions in controlled substances by the defendant, and the size or capability of any laboratory involved. The prosecutor contended, and the district judge concluded, that seizures of methamphetamine did not “reflect the scale of the offense”, so the parties set out to determine “the size or capability of any laboratory involved.” But instead of inquiring whether the laboratory was large, sophisticated, efficient, and so on—the keys to its ability to turn out methamphetamine, and therefore good clues to how much of that drug this operation had produced (and thus to the scale of the offense)—both litigants and judge asked instead how much methamphetamine could have been made using the stock of raw materials on hand when the police arrived. The district court concluded that the pseudoephedrine could have been used to make an equal weight

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of methamphetamine, but this finding is clearly erroneous, for it conflicts with expert testimony offered by both sides. Under Application Note 12, the finding also is irrelevant, because it does not demonstrate “the size or capability of any laboratory involved.” It is like saying that the “size or capability” of an automobile body plant depends on how much aluminum can be found nearby on a given day. But that tells us only the plant’s inventory, not its “size or capability”; many producers of automobiles (or drugs) practice just-in-time purchasing to curtail costs. An auto body plant produces many more cars per year (or even per week) than the aluminum on hand at a given moment can yield. Just so with drug manufacturing enterprises. Application Note 12 is designed to match the penalty to the true scale of the drug operation. That the police discovered some inputs for drug production is happenstance and not a good indicator of long-term output; the object of the Note is to move away from “what was seized?” to “how big was this drug business?” Consider two situations. In the first, the police find a large and sophisticated laboratory, able to produce substantial quantities of high-purity methamphetamine, but do not find any precursor chemicals—perhaps because they are stored elsewhere, perhaps because they had been used recently. In the second, the police find crude equipment, a few pots and beakers that could be used to make only small quantities of low-purity drug, but also find a supply of pseudoephedrine because they arrive just before a “cook.” The prosecutor’s approach yields no enhancement under Application Note 12 in the first case, but a potentially substantial enhancement in the second. That’s backward and turns the Guidelines into an engine of disproportion. Perhaps the parties and the district judge were led to their position by an omission in Application Note 12: “size or capability of any laboratory involved” is an incomplete way of describing the scale of an enterprise. Manufacturing facilities are rated in capacity per unit of time. An auto plant produces X cars per day; a generating station produces so many megawatts of electricity continuously. Should the district court take account of the lab’s likely production over the last month, or year, or the life span of a normal drug-manufacturing ring, or the span of this particular conspiracy, or the period of the statute of limitations? Application Note 12 does not say, which makes it impossible for courts to treat equally dangerous drug rings the same way. Some judges are bound to select a short period (because estimates based on the recent past are more accurate), while others select a long period (because that best reflects the total output). The Sentencing Commission should amend Note 12 to incorporate an accounting period. The most logical period is the span of this conspiracy, which is “the offense” whose relevant conduct the judge is supposed to estimate. U.S.S.G. sec.1B1.3(a)(1)(A). But the incompleteness of Application Note 12 as it stands does not justify replacing an estimate of capacity (and thus of past production) with an estimate of raw materials at the time of arrest.

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ABSTRACTS FROM 10TH ANNUAL TECHNICAL TRAINING SEMINAR NOVEMBER 1–4, 2000 BRISBANE, QUEENSLAND – AUSTRALIA “A Brief Overview of the Australian Legal System and its Implications for Illicit Drug Production from both a National and State Perspective” Det. Sgt Alastair Mc Dougall, Council Assisting The Commission, Queensland Crime Commission, Brisbane, Australia The implications of the Australian legal system will be discussed from both a national and state perspective with particular reference to the following points: A brief overview of the Australian legal system framework including new initiatives such a cautioning, drug diversionary courts and international conventions to which Australia is a party. Laws relating to the covert investigation of drug offences with respect to controlled operations legislation. Sentencing in Australia for amphetamine related offences, the principles of sentencing in Australia and pertinent case studies (including those of Allan Barrow and Timothy Walton). Laws relating to the restricted availability of precursor chemicals with reference to Schedule 6 of The Queensland Drugs Misuse Act and end user declarations. The jurisdiction of and the interaction between law enforcement agencies in Australia, this to include the powers possessed by the various agencies and the methodologies they employ. A case study - Operation Solvol - pre and post end user declaration implementation. “The Methaqualone Monograph” Carel A Koch, South African Police Service, Forensic Science Laboratory, Pretoria, South Africa Methaqualone was first synthesized in 1950 and is a white, odorless, crystalline powder. It was introduced pharmaceutically in 1965 as a non-addictive, non-barbiturate hypnotic by the William H. Rohrer Pharmaceutical Company under the trade name Quaalude. Its abuse potential quickly became apparent resulting in it being listed in 1971 in the United Nations Convention on Psychotropic Substances. Methaqualone is illicitly manufactured mainly in the Middle-East, South-and Central Asia, as well as Southern Africa. It is marketed in South Africa as tablet formulations and is still of particular forensic importance as it remains the synthetic drug of choice amongst South African drug abusers. Different synthesis routes for the illicit manufacturing of Methaqualone, some of its analogs and some precursors will be presented. Analytical information and some information on its CNS activity will also be presented.

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“Emerging Trends in Clandestine Laboratory Practices, New Zealand” Anne Coxon, ESR, Auckland, New Zealand. The incidence of clandestine laboratories in New Zealand is on the increase. Manufacturing sites have been seized which were producing not only methamphetamine by a number of different methods but also amphetamine. An attempt at MDMA synthesis has also been investigated. A number of different cases examined over the last two years will be discussed which highlight an increasing level of sophistication amongst illicit operators. The development of procedures within New Zealand to deal with these labs will also be addressed. “Clandestine Drug Laboratories in New Zealand: The Police Perspective and Response to the Methamphetamine Industry” Det. Sgt. Mike Beal, Auckland Drug Squad, NZ Police A review of the NZ Police perspective and response to the growing methamphetamine industry will be presented. The effects of establishing a chemical diversion system and the role of the outlawed motorcycle gangs will be discussed. “Sampling and Transfer Station – ‘An Innovation in Hazardous Materials Management’ ” Cate Quinn, Victoria Forensic Science Centre, Forensic Drive, Macleod, Melbourne, Victoria. In 1988 The Victoria Forensic Science Centre implemented the first safety-training program for clandestine laboratory investigators and forensic chemists. Since this time the centre has remained focused upon the continuous development and expansion of safety protocols, in such areas as the introduction of medical monitoring programs, improved drug legislation and the recent construction of the Sampling and Transfer Station. The Sampling and Transfer Station is a purpose built facility to allow for the safe, secure and efficient management of clandestine laboratory drug related exhibits. The station has facilitated the implementation of improved exhibit management protocols, which extend from the collection of exhibits at crime scenes through sampling and analysis to the eventual destruction of these hazardous exhibits. The aim of the improved exhibit management protocols is to utilise the advantages provided through legislative amendments to achieve minimisation of the potential harm for all personnel involved in the processing of clandestine laboratory drug related exhibits.

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VOLUME 11 NUMBER 1 — JANUARY 2001

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “Benzaldehyde to Amphetamine: The Western Australian Way” Colin R Priddis and Dominic Reynolds; Chemistry Centre WA, 125 Hay Street, East Perth, Western Australia

“The Use of Hypophosphorous and Phosphorous Acids in Methylamphetamine Synthesis” Dominic Reynolds and Colin R Priddis; Chemistry Centre WA, 125 Hay Street, East Perth, Western Australia

One illicit method of amphetamine synthesis that is increasingly being encountered in Western Australia is via the Leuckart reaction of 1-phenyl-2-propanone (P2P). We have found several new adaptations of this well-known method at clandestine laboratory scenes that seem to be of local origin, and which reduce the number of chemicals needed for the complete synthesis to a minimum, starting from benzaldehyde. For example, ammonium carbonate is used in two separate steps, both as the catalyst for the condensation of benzaldehyde and nitroethane and as the nitrogen source in the Leuckart reaction. Another novel approach is the use of zinc metal to convert 1-phenyl-2-nitropropene (P2NP) into 1-phenyl-2-propanone (P2P), again a modification that has received little notice elsewhere.

The underground chemist often is quite resourceful when it comes to development of new or modified routes to the synthesis of illicit drugs. The use of hypophosphorous acid and iodine in the reduction of pseudoephedrine to methylamphetamine is one such adaptation that is often seen at clandestine laboratories in Australia, replacing the use of red phosphorus. Typically, minimal chemical apparatus is needed in these ‘boxed labs’. We have found that this method produces a good yield of high purity methylamphetamine with short reaction times and scaling up of the reaction is a facile process when steam distillation is used for purification. We have investigated the use of ‘homemade’ hypophosphorous acid, prepared from the unmonitored sodium hypophosphite salt, and also the use of phosphorous acid, which is widely used in agriculture, to prepare methylamphetamine from pseudoephedrine.

“Links Between a Clandestine Drug Laboratory in Belgium and Tablets Seized in Sweden and Norway” C. van Haeren, Y. Vanbeckevoort and H. Coppens; National Institute of Forensic Science, Vilvoordsesteenweg 100, B-1120 Brussel, Belgium

The GHB Monograph Evans, Hiram K.1, Andera, K. M.2, Fink, M. C.3 , Morris, J. M. , Sannerud, C. A.5 (editors) 1 San Bernardino County Sheriff’s Department, Rancho Cucamonga, CA 2 Orange County Sheriff-Coroner, Santa Ana, CA, 3 San Diego County Sheriff’s Department, San Diego, 4 Missouri State Highway Patrol, Springfield, MO. 5 Drug Enforcement Administration, Washington, D. C. 4

Until recently two synthetic pathways were encountered in the clandestine production of MDMA in Belgium. These two are: synthesis through the Leuckart reaction and synthesis through reductive amination in a reaction vessel, using platinum as a catalyzing agent. In the course of this year the Belgian State Police raided on an illicit laboratory where the so-called “cold method” was used. This method implies that the reductive amination of piperonyl methyl ketone (PMK) with methylamine takes place in a solvent (preferably methanol) with NaBH4 as a reducing agent. During the process the container is kept at -20°C. The “cold method”, together with its typical products and characteristics, will be discussed. At the site of the clandestine laboratory several packets containing tablets were found, amongst them bicoloured (blue/white) tablets with the Ying-Yang logo, containing 13% MDMA and 1% methamphetamine. Also tablets of different colours with the Mitsubishi logo were found, containing varying concentrations of MDMA. Some weeks after the raid, 10 kg of the same bicoloured (blue/white) tablets with the Ying-Yang logo were seized in Norway. In Sweden 12 kg of white Ying-Yang tablets and 2 kg of white Mitsubishi tablets were seized. Through profiling of the tablets from Belgium, Norway and Sweden it was possible to demonstrate that some tablets were either identical or showed a very high degree of resemblance. The methods used for the comparison of tablets will be discussed.

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The monograph contains references selected from: a. an extensive bibliography prepared by Dr. Christine Sannerud and reviewed by the other editors (Andera, Evans, Fink, and Morris). b. articles for which abstracts have appeared at national or regional forensic science association seminars or in their newsletters c. search of the traditional forensic literature (JFS, JCLICA, Microgram) d. a few hours spent surfing the Internet; some are from the ‘fringe’ (‘lunatic fringe’?). The reader is specifically cautioned that material posted on the Internet has NOT been reviewed for accuracy. e. contributing editors’ own research, particularly Jeremiah Morris. f. papers gathered suggested additional papers for inclusion. Papers were organized into the following sections: 1. Chemistry / Syntheses References include GHB and GBL and their analogues, straightforward and arcane, from recognized scientific journals, patents, and midnight

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2.

3. 4. 5. 6. 7.

“amateur pharmacologists” Pharmacology / Toxicology References include studies of GHB in treatment of sleep disorders and heroin addiction, as a naturally occurring metabolite, inter-relationships of BD and GHB, correlation of body fluid levels and effects Analysis References include microcrystal test, IR, NMR, GC-MS, color tests, HPLC, and the important issue of chemical interconversion of GHB and GBL. Case Histories References include Centers for Disease Control (CDC), fatalities, clandestine laboratories and effects based on individual case studies. Date - Rape References includes GHB as an agent for sexual assaults Legal References include both US Federal and state-bystate controls as well as Canadian, and Australian references Miscellaneous References include things that don’t conveniently fit elsewhere.

“Drug Yield Calculator Computer Program” John Hugel 1, Sgt Mark Pearson2 , and Terry Evoy2 1 Health Canada, Toronto, Ontario, Canada 2 R.C.M. Police, Kingston, Ontario, Canada A computer program which works as a drug yield calculator has been written and will be presented. Upon entering the amount of precursor, the program will calculate how much drug could be made with that precursor. It will also list how much of other essential chemicals are needed in order to make the calculated amount of drug. Data is based primarily on published yields. GHB, MDA, MDMA, Methamphetamine and Phencyclidine are the drugs included in the calculator. The intended purpose of the program will be described. Using the program as well as the Help file will be demonstrated. The References file, which describes how the figures used in the program were obtained, will be outlined. Use of the data generated by the program, including limitations of the data, will be discussed. Distribution of the program to only those who will make proper use of it, and problems with attempting to do so, will also be discussed. Plans for the second version of the program will be summarized. Mechanisms for input for the second version will be outlined. “Legislative Aspects of Illicit Drug Manufacture: Opportunities for Change” M. John White, Victoria Forensic Science Centre, Forensic Drive, Macleod, Melbourne, Victoria. Since 1982 the Victoria Forensic Science Centre has been invited to provide scientific advice to parliamentary committees and the Poisons Advisory Committee, in relation to drug legislative review and reform.

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This paper summarises significant amendments to Victoria’s Drug Poisons and Controlled Substances Act 1981, impacting on the administration of justice, law enforcement and forensic science. Revised scheduling, prima facie quantity provisions, drug precursor and intermediate controls and new provisions for tetrahydrocannabinol, intent to manufacture illicit drugs and for the sampling of toxic and unstable chemicals associated with illicit drug production will be presented. “Three Ecstasy Clandestine Laboratories” John Hugel, Health Canada, Toronto, Ontario – Canada Three laboratories producing Ecstasy, namely MDMA and MDA, and all operating in suburbs of Toronto will be discussed. Each presented an unusual situation that required that safety procedures be carefully followed. In addition, some of the chemistry being performed in each laboratory was out of the ordinary. The first laboratory investigated was resident on the second floor in a well appointed high rise apartment building in Mississauga. How the lab was discovered and the problems that resulted are outlined. The strong chemical odour from the lab, the problems it presented, and the solutions that were implemented are described. The chemistry being undertaken in the laboratory included the synthesis of MDP-2-P from sassafras oil; of MDMA and MDA from MD-P-2-P; of methylamine hydrochloride; of GHB; of P-2-P; and of N-methyl-MMDA from myristicin. The second ecstasy laboratory was resident in a newer subdivision home in a residential area in Markham. The entire house had been converted into a clandestine laboratory. The discovery of the laboratory and how the investigation proceeded to the seizure is outlined. The strong chemical odour from the lab, the problems it presented, and the solutions that were implemented are described. The chemisty being undertaken in the laboratory included the synthesis of MDA and MDMA from MD-P-2-P from sassafras oil. The third ecstasy laboratory was resident in a new subdivision home in a residential area in Ajax. In the garage there were over 1,000 different chemicals, and several analytical instruments and chemical equipment. The laboratory, resident in the basement, had been operational for some time. In addition to chemical hazardous waste, biological hazardous waste was encountered. A potential environmental problem was discovered. How the lab was processed and how the waste was handled is described. The various agencies that showed interest are summarized. The chemistry being undertaken included the synthesis of MDA from piperonal, of MDMA from piperonal, and of 4-bromo-2,5-dimethoxyamphetamine from 2,5-dimethoxybenzaldehyde and the production of steroid preparations.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “Ephedrine Dimer as an Impurity in Methamphetamine Hydrochloride” Tohru Kishi, Kanya Kobayashi and Tatsuyuki Kanamori; National Research Institute of Police Science, 6-3-1, Kashiwanoha, Kashiwa, Chiba Japan The abuse of methamphetamine hydrochloride is now a worldwide serious social problem. Most of the methamphetamine is produced at clandestine laboratories, illegally. There are many kinds of synthetic methods. In Asia, ephedrine is used as a precursor, traditionally. So there are some impurities related to methamphetamine and ephedrine. e.g., ephedrine, chloroephedrine, acetylephedrine, acetylmethamphetamine, methamphetamine dimer, etc. Recently, we analyzed a methamphetamine sample which contained methamphetamine hydrochloride and dimethylsulfone. Impurities in this sample were extracted with ethyl acetate under alkaline condition, and extracted solution was analyzed by GC/MS. We found a trace of an unknown compound in the extract. The EI-mass spectrum showed fragment ions at m/z 58, 118, 149, 91, 77, 105, 133. CI-mass spectrum showed a protonated molecular ion at m/z 313. So the molecular weight of this compound assumed to be 312. We assumed that this unknown compound is dimeric form of ephedrine because of the molecular weight. Fragmentation of this mass spectrum is reasonable for the dimeric form. Production of ephedrine dimeric form was reported by Emde (1929) and Takamatsu (1956). We prepared ephedrine dimeric ether from ephedrine. Ephedrine hydrochloride was reacted by adding conc. sulfuric acid. After heating the mixture on a water bath reaction products were extracted with diethylether under alkaline condition. Extracted compounds were analyzed by GC/MS. The mass spectra of the main product was the same as that of unknown compound. Therefore, the unknown impurity is tentatively identified as ephedrine dimeric ether. “Synthesis of 4-Methyl-5-arylpyrimidines and 4-Arylpyrimidines: Route Specific Markers for the Leuckart Preparation of Amphetamines” Dr K Paul Kirkbride, Forensic Science Centre, 21 Divett Place, Adelaide, South Australia; Natalie F Jenkins, University of Adelaide, Adelaide, South Australia; John C Coumbaros, University of South Australia, Mawson Lakes, South Australia. In the late nineteen seventies 4-benzylpyrimidine and 4-methyl-5-phenylpyrimidine were identified as route specific markers for the Leuckart preparation of amphetamine from phenyl-2-propanone. Unfortunately, it would appear this early work did not include the unambiguous synthesis of these compounds followed by the direct comparison of this authentic material with the by-products from the Leuckart reaction. As a consequence, the assignment of identity must be considered tentative.

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In the late nineteen nineties we became involved in the investigation of illicit 4-methoxyamphetamine (PMA) preparations in an effort to shed some light on the synthetic pathway used in the manufacture of this drug. Mass spectrometry allowed us to tentatively identify the presence of analogues of (1) and (2) (4-(4’methoxybenzylpyrimidine (3) and 4-methyl-5(4’methoxy-phenyl)pyrimidine (4)) in these preparations. There was therefore a suggestion that Australian 4-methoxyamphetamine was prepared using the Leuckart method. The aim of the work described in this paper was to identify general synthetic pathways to 4-aryl-pyrimidines and 4-methyl5-arylpyrimidines. The synthesis of (1), (2), (3), and (4), and other key pyrimidines, is described. As a result of this work, (1) and (2), and (3) and (4) have been positively identified as by-products in the Leuckart synthesis of amphetamine and 4-methoxyamphetamine, respectively. Furthermore, it has been confirmed that local 4-methoxyamphetamine is prepared by the Leuckart method. Illicit preparations were investigated with the aid of solid phase micro-extraction. The strengths and weaknesses of this technique as applied to drug profiling will be discussed briefly. “The Identification of By-Products in Illicit Methylamphetamine Derived from Pseudoephedrine Pharmaceuticals” Carolyne L Bird1, Ernest W Della1 & Paul E Pigou2 1 Department of Chemistry, Flinders University, Bedford Park, 5042 South Australia 2 Forensic Science Centre, 21 Divett Place, Adelaide, 5000 South Australia The conversion of pseudoephedrine to methylamphetamine using red phosphorus and hydriodic acid and, more recently, iodine and hypophosphorous acid have been commonly encountered at illicit drug laboratories. 1-Benzyl-3-methylnaphthalene and 1,3-dimethyl-2-phenylnaphthalene are well-known by-products of these processes, but other by-products have also been encountered in locally produced methylamphetamine derived from these processes. The appearance of amphetamine, N,N-dimethylamphetamine, N-ethyl-N-methylamphetamine and oxazolidines has been investigated and, in some instances, rationalised in terms of the source of the pseudoephedrine used and the workup procedure employed by the cook. “Chiral & Kinetic Resolution of Illicit Drugs and Precursors Using Chiral Mass-Tagged Prolines” Dr Peter N Culshaw, Forensic Chemistry, Queensland Health Scientific Services, Coopers Plains, Queensland 4108, Australia The chiral mass-tagged prolines (S)-N-(benzoyl)-2pyrrolidinecarboxylic acid (1) and (R)-N-(p-toluoyl)-2pyrrolidinecarboxylic acid (2) have been investigated as potential

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION derivatising agents for the resolution of the stereoisomers of some amphetamines and illicit drug precursors. These derivatising agents have been used to successfully resolve the enantiomers of a number of substances, including amphetamine and methylamphetamine. The chiral prolines were readily prepared in high yield and were coupled to the analyte of interest using 1,3-dicyclohexylcarbodiimide, in the presence of a catalytic amount of 4-(dimethylamino)pyridine. Analyses were carried out by GC/MS using a typical achiral column. The enantiomeric excess (%ee) of a prepared mixture of d- and l-amphetamine isomers was successfully determined using these derivatising agents. Pseudoephedrine and ephedrine are frequently encountered as precursors in the illicit manufacture of methylamphetamine. The mass-tagged chiral proline derivatising agents have been used to successfully differentiate between the three ephedrine isomers we had available to us, namely (1S,2S)-(+)pseudoephedrine, (1R,2R)-(-)-pseudoephedrine and (1R, 2S)(-)-ephedrine.

of labs seized would also increase. New trends include the synthesis of methylamine or the use of methylating reagents and better ways to synthesize 3,4-methylenedioxyphenyl-2-propanone (MDP-2-P) using the Wacker oxidation reaction. Several recent seizures will be used to demonstrate these emerging trends.

“Aspects of the Hypophosphorous Acid - Iodine Method” David Ma1, Peter Vallely1, Anne Coxon2, 1 Forensic Chemistry, Queensland Health Scientific Services, Coopers Plains, Queensland 4108, Australia 2 ESR, Auckland, New Zealand

Recently, tablets inscribed with the Mitsubishi 3-Diamond Logo, and sold as 3,4-methylenedioxymethamphetamine (MDMA), were found to contain p-methoxymethamphetamine (PMMA), a compound with MDMA-like effects. Shortly after this first submission, similarly inscribed tablets were encountered containing both PMMA and p-methoxyamphetamine (PMA). This second tablet composition has been implicated in several recent deaths in the United States. Because two other positions are available for mono-methoxy substitution on the phenyl ring, it is essential that the correct identification be made for these compounds. Analytical data is supplied to enable differentiation of these ring isomers as well as the ketones that serve as their precursors.

In 1995 the technique of utilising hypophosphorous acid and iodine to reduce pseudoephedrine to methylamphetamine appeared in Queensland. The period since has seen it’s prevalence increase to the point where today it predominates. An overview is presented of the method and some trial preparations are examined in which the proportions of both iodine and hypophosphorous acid are varied to evaluate their effect on the reaction. Qualitative and quantitative data is presented on the organic components and qualitative examination is made by means of ion chromatography to investigate some inorganic aspects of the process. The inclusion of hypophosphorous acid into Schedule 6 of The Queensland Drugs Misuse Act has lead illicit operators to pursue alternative means of sourcing this material. One technique to emerge has been the use of cation exchange resins to convert hypophosphite salts to the acid. Some trial preparations are presented and discussed. A case was submitted to the laboratory which contained crystalline material that, upon handling, produced phosphene. The circumstances of its production and its tentative identification as phosphonium iodide are discussed. “New Methods in MDMA Synthesis” Richard Laing, Health Canada, Burnaby, BC, Canada MDMA is becoming one of the most favored and abused drugs with the young adult crowd. With the increased popularity of “Raves”, it is understandable that an increase in the number

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“Hawaiian-Style Ice” Shirley Brown and Dean Yamamoto, Honolulu Police Department, Honolulu, Hawaii, USA The method usually used in Hawaii to produce ice is a type of conversion laboratory. The presentation will include the method favored by the “cooks”, a brief overview of an ice conversion laboratory, pictures of ice crystals, and a brief synopsis of the current lab scene in Hawaii today. “Identification of PMA and PMMA” Terry Dal Cason, DEA – North Central Lab, Chicago, Illinois, USA

“Case Study: Clandestine Laboratory Explosion Resulting from the Use of Anhydrous Ammonia.” Timothy J Currie, Chemistry Centre WA, 125 Hay Street, East Perth, Western Australia The risks posed by clandestine drug laboratories were highlighted with an explosion that seriously injured a chemical disposal contractor and a government chemist. A police forensic officer also received minor injuries in the blast. The clandestine laboratory was detected when Western Australian Police attended a house in the Perth suburb of Armadale to investigate complaints of a strong ammonia smell. The clandestine laboratory was set up in a garden shed at the rear of the property and consisted of an inverted gas cylinder marked ‘Ammonia’ resting on a plastic crate. A plastic hose connected the cylinder to a 10 litre 3-neck round bottom flask that contained approximately 6 litres of clear liquid. Ice was present on the outside surface of the glass vessel. During the course of the investigation the round bottom flask remained open for 6 hours with no visible decrease in the volume of the fluid. The liquid was

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VOLUME 11 NUMBER 1 — JANUARY 2001

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION believed to be ammonia in solution. Sodium metal was also found inside the house, indicating a possible attempt at the ‘NAZI’ method. The solution was transferred to two glass winchester bottles for removal. When these sealed winchester bottles were picked up to be moved into a large plastic container for transport the two bottles exploded. The chemical disposal contractor and a government chemist were showered with glass and engulfed in a cloud of ammonia. This accident publicly exposed the risks that investigators face when dealing with dangerous and poorly constructed illicit drug manufacturing laboratories. “Ecs-citing Yields??” Vince Murtagh, Forensic Services Group, NSW Police Service, Parramatta, NSW, Australia. MDMA, Ecstasy, is a popular drug and there is increasing interest in local manufacture rather than importation. Although the chemistry is not as simple as for making methylamphetamine or amphetamine, the increasing market for drugs in tablet form means some meth cooks are branching out. A few methods have been used for its manufacture. One popular recipe uses hydrobromic acid to convert safrole to bromosafrole, then methylamine to displace the bromine. Although yields are mediocre, it is simple and equipment needs are minimal. That method was reported in German patent 274350, issued to E. Merck in 1914. Chem Abs 55, 14350e, cites a 1960 Polish paper which used 70% HBr rather than the more readily available 48%, and alcoholic methylamine rather than aqueous. It is believed those differences could be significant for the reaction. For a recent case, yield became an issue. No recipe or chemist’s notes were seized, so some tests were carried out using seized chemicals. The results are presented here, along with some incidental remarks about reagents and reaction impurities. “Code of Conduct - Australian Developments and Industry Partnerships ‘to protect against the diversion of chemicals into the illicit production of drugs’ ” Detective Inspector Paul Willingham, Chemical Operations, NSW Police Service, Sydney, Australia A national Code of Conduct for the Chemical and Scientific supply industry has existed throughout Australian states since 1994. This code comprises lists of scheduled precursor chemicals, reagents, essential chemicals and equipment that require purchasers to have business accounts and or complete end user declarations. The code further outlines the chemical and scientific supply industries responsibility in keeping records, training and educating sales staff and reporting suspicious sales to police. The Code has developed in each jurisdiction resulting in legislative versions being enacted in Queensland and South Australia. The National Code has been reviewed in 1999-2000

VOLUME 11 NUMBER 1 — JANUARY 2001

with amendments reflecting the changing illicit manufacturing trends experienced in Australia. It is anticipated that the Code will be placed in the Standard for the Uniform Scheduling of Drugs and Poisons (SUSDP) model regulations for adoption by the States and Territories to allow the imposition of mandatory controls on monitoring the use and distribution of precursor chemicals in Australia. The most significant precursor trend of recent years has involved the dominance of pseudoephedrine reduction to methylamphetamine. The popularity of this reaction pathway has resulted in widespread diversion of pharmaceutical tablets containing pseudoephedrine hydrochloride throughout the country. Recognition of this diversion has resulted in prosecutions against pharmacists supplying criminal syndicates, rescheduling of larger pack sizes to S4 and an industry partnership with pharmaceutical manufacturers that has resulted in specific Code of Conduct with this industry. “Two Clandestine Laboratories Seized in Israel: Products, Processes and Production Potential.” Zafrir Goren, Rina Levy and Myriam Azoury; Israel Police Headquarters, Jerusalem, Israel Two clandestine laboratories seized in Israel were investigated. Various processes for MDMA, methamphetamine and DOB and Nexus preparation were identified. An attempt to synthesize 3,4-methylendioxyphenyl-2-propanone from safrole using butyl nitrite and oxygen as reagents, with palladium and copper salts catalysis was identified. Laboratory processes and production potential are presented

POSTER PRESENTATIONS “Manufacture of Methylamphetamine Using Hypophosphorous Acid” M. John White and Mike Perkal, Victoria Forensic Science Centre, Forensic Drive, Macleod, Melbourne, Victoria The Victoria Forensic Science Centre has recently encountered clandestine laboratories involved in the illicit manufacture of methylamphetamine using pseudoephedrine, hypophosphorous acid and iodine. Two separate manufacturing procedures using this method were carried out in order to gain synthetic experience with the technique and to obtain estimates of practical yields. The observations made are reported.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “Clandestine Drug Laboratories: Impacts and Outcomes of State and National Training Initiatives” M. John White, Victoria Forensic Science Centre, Forensic Drive, Macleod, Melbourne, Victoria Clandestine drug laboratories frequently present extreme health and safety risks not only for the operators, but also for investigators, support personnel, emergency services, the community and the environment. In addition, the dynamics and diversity of illicit drug production, particularly the advent of novel procedures via a plethora of underground publications and the Internet, present significant and on-going challenges for forensic scientific specialists. In 1992, in recognition of the above factors and a need to develop a fully coordinated state, national and international cooperative approach, the Victoria Forensic Science Centre (VFSC) implemented a fully coordinated series of state and national education and training programs. The national programs, which were developed by the National Amphetamines (Education and Training) Working Party, were fully funded through a series of grants from the National Drug Strategy to the VFSC and strongly supported by the United States-Drug Enforcement Administration (US-DEA). The timeliness of implementation of state and national safety training programs will be addressed. Highlights of the national forensic seminars will also be presented, with emphasis on enhanced national and international cooperation, leading to of the 10th international technical training seminar for Clandestine Laboratory Investigating Chemists being held in Queensland, Australia.

“Cultivation of Psilocybin Mushrooms (Poster)” Richard Laing, Health Canada, Burnaby, BC, Canada Magic mushrooms (shrooms) are a popular street drug. While many species of Psilocybe and other hallucinogenic mushrooms grow wild in most parts of the world, one species tends to be grown more frequently than any other: the Giant Psilocybe, or Psilocybin Cubensis. For any budding mycologist the cultivation of this species is rather straight forward and the spores can easily be purchased through mail order companies. This poster examines the life cycle requirements, typical practices and yields in the clandestine production of Psilocybin Cubensis. “An Unusual Method of Methamphetamine Manufacture in New Zealand” Wayne Gatenby, ESR, Auckland, New Zealand An unusual method of manufacture of methamphetamine has recently been encountered in New Zealand. The method involved an attempted production of methamphetamine from organomagnesium compounds (Grignard reagents). The process involved three steps, the first being the reaction of benzyl chloride with magnesium to form a Grignard reagent. Methylamine and acetaldehyde were then reacted to form N-methylacetaldimine, which was reacted with the above Grignard reagent to produce methamphetamine. What makes this method more unusual is that the benzyl chloride, methylamine and acetaldehyde were not commercial products, but rather were being manufactured from simpler chemicals. The process used chemicals that are not restricted in New Zealand, although it is relatively difficult to synthesis methamphetamine by this method.

LAB SEIZURES MAINE’S FIRST CLANDESTINE METH LAB

BIRCH REDUCTION LAB FOUND IN IDAHO

Is September 2000, Agents from the Maine Drug Enforcement Agency, Federal DEA and Chemist’s from the State’s Health and Environmental Testing Lab (HETL) and the DEA Northeast Regional Lab processed a methamphetamine lab located in an apartment unit in Vassalboro, Maine. This was the first raid conducted by Maine’s Clandestine Laboratory Enforcement Team. The lab, located across the street from the Maine Criminal Justice Academy, was identified as a red phosphorous operation. Investigation revealed the individual recently moved to Maine from Arizona. In December, the suspect received a 21 month sentence after pleading to State charges for the manufacturing of methamphetamine. Christopher Montagna HETL Forensic Chemistry Unit - Augusta, Maine

On December 30, 2000, a Criminalist from the Idaho State Police Forensic Services laboratory in Boise responded to the first Birch-reduction lab in this area. Located in the house were three propane tanks, one with the tell-tale blue corrosion of the copper valve. Numerous lithium batteries had been cut open and the lithium strips had been removed. Also found in the house was the usual assortment of junk, a claymore mine (later determined to be inert) and a rocket-propelled grenade launcher. Rachel Farnsworth ID DLE Laboratory – Meridian, ID

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION THE ENCOUNTER OF N-BROMOSUCCINIMIDE IN RECENT LAB SEIZURES Over the past two years MDMA type lab seizures have been on the rise in Western Canada. Along with these seizures employing traditional methods in the synthesis of intermediate precursors, we have observed a new trend towards the Wacker oxidation of safrole to MDP-2-P. Sassafras Oil is used in an unpurified state as the source of Safrole. In two lab seizures, along with Sassafras Oil, mixed within the typical myriad of unelated chemicals was N-bromosuccinimide from commercial sources. While its use was unknown at the time, due to the fact that the main precursor was found in great abundance little thought was given to this reagent. A third seizure of the halogenated reagent occurred April 2000 in a storage locker. The renters apparently were in the arrears and the storage facility operator seized the locker’s contents only to find the remnants of a laboratory. Chemicals found included solvents: 80L ether, 4L ethanol, 4L methylene chloride, 4L DMSO, 4L pyridine. Also seized were the typical Wacker reagents namely; 50 g palladium chloride and 100 g of the co-catalyst cupric chloride and an oxygen cylinder. Other reagents included 19L sulfuric acid, 6L nitropropane, 2.5 Kg of ferrous sulfate, 10 Kg of NaOH. What appeared unusual were the types and quantity of halogenated compounds including 4L methylene bromide, 24 Kg sodium bromide, 8L hydrobromic acid, 4L bromine and a 20L “Home Depot” paint container hand labelled “Succinamide in H2O, chill to 0 and add 165 ml Br2”. And finally a full 23L glass carboy was found containing a dark liquid. The 23L carboy was found to contain a small quantity of 3,4-methylenedioxy-phenyl-2-propanone along with numerous reaction by-products and is suspected of being waste material saved for future processing. Since not all the oxidative products from the Wacker reaction, nor have the by-products from the N-bromosuccinimide reaction, as represented in Figure 1, been classified it is difficult to assess at this point if 1,2-dihydroxybenzene (catechol) was actually the starting material. It does, none the less, depict a plausible and alternative route in the synthesis of MDP-2-P starting with catechol and emphasizes the possible lengths underground chemists will undertake to remain undetected. This and many more novel methods are widely published via the internet: http://rhodium.lycaeum.org/chemistry/pc/safrole.html Acknowledgements: I would like to thank Anneke Poortman for providing me with the address of the N-bromosuccinimide recipe. Richard Laing Health, Canada – Burnaby, BC

OH

O OH

O

CH2Br2 (methylenebromide)

1,2-dihydroxybenzene

1,2-methylenedioxybenzene 1. N-bromosuccinimide 2. Mg

O

O

O

O allylbromide

safrole BrMg

LAB SEIZURES NEAR MOSCOW, RUSSIA An underground laboratory producing phencyclidine was discovered in June 2000 in Moscow. The employee of one of Moscow Institutes of Higher Education was making the synthesis. During the search, the militiamen found 0.5 g of phencyclidine, 40 g of 1-piperidinocyclohexanecarbonitrile, potassium cyanide, cyclohexanone, and piperidine as well as a lot of laboratory glassware and different organic solvents. The suspect was synthesizing the explosive substance hexogen, which was obtained by treating of urotropin with nitric acid. In the country-house (“dacha”) and in the flat of the suspect there were found tens of grams of hexogen, nitric and sulfuric acids as well as urotropin in the amount of 25 kg. In August 2000 in a warehouse of one of towns near Moscow there was discovered 3.5 tons of metaqualone in the form of tablets and powder. The tablets were gray colored with the weight of 1 g, a diameter of 12 mm and a thickness of 5 mm and were packed in plastic bags in 34 cardboard boxes. Metaqualone powder was packed in one barrel. The tablets may be divided into two types. The tablets of the first type have a star on one side and swastika on the other side. The tablets of the second type also have a star on one side and the emblem of the company “Volkswagen” on the other. The tablets in two barrels contained an admixture of diphenhydramine. In October 2000 at Moscow State University, an underground laboratory producing amphetamine was discovered. Amphetamine was synthesized from phenylpropanolamine obtained from the medicine “Coldact”, by means of crystallized iodine and red phosphorus. During the search, samples were withdrawn of the empty packaging of the medicine “Coldact”, crystallized iodine, red phosphorus, caustic soda (sodium hydroxide) as well as ready solution of amphetamine. The manufacturers could take the obtained amphetamine as intravenous injections or drink it diluted with water. Vladimir I. Sorokin Forensic Science Center – Moscow, Russia

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ANALOGS OF GHB. PART 2: ANALYTICAL PERSPECTIVE JEREMIAH A. MORRIS Missouri State Highway Patrol Crime Lab Troop D Satellite Lab 700 E. Cherry Springfield, Missouri 65806

INTRODUCTION

EXPERIMENTAL

Part One of this series focused on the theoretical illicit abuse potential of numerous analogs of γ-hydroxybutyrate (GHB) [1]. Those investigated analogs included those biologically metabolized into GHB (1,4-butanediol and γ-butyrolactone) [2], biologically active analogs (4-methyl GHB and trans-hydroxycrotonic acid), and γ-aminobutyric acid (GABA) [3]. Surveying several GHB-related internet sites (hive.lycaeum.org and www.ceri.com) revealed interest in one or more of the discussed analogs. Two examples of compounds discussed as possible alternatives after GHB was listed as a Schedule I controlled substance are 4-methyl GHB and GABA. The interest in such analogs strongly indicates the potential for some to be submitted to the crime lab for analysis. Although numerous sources list the analytical data (i.e., mass, IR, NMR spectra) for GHB, γ-butyrolactone (GBL), and 1,4-butanediol, analytical data are unavailable for most other related compounds. Without such data, the drug chemist could fail to recognize a GHB-related analog. The purpose of Part Two in this GHB analog study is to provide analytical data for several GHB analogs investigated in the initial publication. Investigating all of the possible GHB analogs analytically is beyond the scope of this paper so only those analogs (or their precursors) which have appeared on underground GHB-related internet sites were examined. MS, IR, NMR, color tests, and trifluoroacetic acid anhydride derivatives of GHB, 4-methyl GHB, GABA, N-methyl GABA, their respective precursors, and 1,4-butanediol will be determined.

Standards. All standards were obtained from Sigma-Aldrich and were analytical grade or better with the exception of 4-methyl GHB which was synthesized in-house. Standards were confirmed through FTIR analysis and comparison to available literature references. Trifluoroacetic anhydride was also obtained from Sigma-Aldrich. Gas Chromatography-Mass Spectrometry. The 70-eV electron impact mass spectra were obtained using a HewlettPackard 6890 gas chromatograph fitted with a 30.0 m x 0.25 mm i.d. x 0.25 µm DB-1 column (J & W Scientific) coupled to a mass selective detector operated in scan mode (m/z 10-250). A He carrier gas (36 cm/s) was used, and the injection port, ion source, and transfer line temperatures were 200ºC, 280ºC, and 280ºC, respectively. Injected samples (15:1 split ratio) were chromatographed with a temperature program of 40ºC to 130ºC at 10ºC/min with a 6.00 min final hold. Infrared Spectrophotometry. All infrared spectra were obtained using a Nicolet Impact 400 Fourier Transform Infrared (FTIR) spectrophotometer. All spectra were obtained using samples in a KBr window matrix from 400-4000 cm-1 at a resolution of 4 cm-1. Nuclear Magnetic Resonance. All proton and carbon nuclear magnetic resonance spectra were obtained in deuterium oxide solution using a Varian Gemini 200 system operating at 200 MHz using the VNMR program. Further data processing was performed with the MesRe-C 2.1.1 software.

Table 1. Color screening tests with analogs Color Reagent

GHB

GBL

4-Methyl GHB

GVL

GABA

2-Pyrro

Marquis

––-

––-

––-

Methedrine

––-

––-

––-

––-

––-

––-

dark purple

violet

––-

violet

––-

Chen’s

––-

––-

––-

Mandelin’s Liebermann’s

––-

––-

––-

––-

CoSCN

––-

Mecke’s

––-

Cobalt Nitrate

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N-methyl GABA

N-methyl-2-pyrro

1,4-BD

––-

––-

––-

faint brown

––-

blue

––-

––-

dev. violet

slight violet

light blue

––-

––-

––-

––-

––-

––-

––-

––-

––-

––-

––-

––-

red-orange

––-

brown

––-

––-

––-

yellow

––-

light yellow

––-

blue

––-

light blue

––-

light blue

––-

light blue

––-

––-

––-

––-

––-

––-

––-

––-

––-

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

Figure 1. GHB and analogs examined in this study. O

O

OH HO O γ−hydroxybuytric acid

γ-butyrolactone O

O

γ-valerolactone H N

O

2-pyrrolidinone

N

O

N-methyl-2-pyrrolidinone

OH HO O γ−hydroxyvaleric acid (4-methyl GHB) OH H2N O γ−aminobutyric acid (GABA)

OH N H O N-methyl-γ−aminobutyric acid (N-methyl GABA) OH

HO 1,4-butanediol

REACTIONS Trifluoroacetic Anhydride Derivatization. For each standard, 1 mg of powered samples or 100 µL of a liquid sample was added to 1.5 mL of CH2Cl2 previously dried through Na2SO4 into a small sample vial. Approximately 10 drops of trifluoroacetic anhydride was added to each vial. Each vial was immediately capped and then incubated for 15 min in a 60ºC heating block. Injections were made directly from these solutions for GC/MS analysis. γ -Hydroxyvalerate (4-methyl GHB). To 14.12 g of γ-valerolactone was added 6.00 g of NaOH dissolved in 75 mL of methanol. The reaction solution was incubated overnight at room temperature. Open-air drying produced a viscous, yellow liquid which solidified into an off-white powder upon desiccation. The solid was washed with acetone, filtered, and then dried in an oven prior to FTIR and NMR analyses (Figs. 9, 11, 12). γ-Aminobutyric acid (GABA). To a 250 mL round bottom flask was added 10.0 mL of 2-pyrrolidinone, 10.0 mL of water, and 5.26 g of NaOH. The reaction mixture was refluxed for one hour and allowed to cool to room temperature. The still highly alkaline liquid was decanted into a watch glass and dried overnight in a 80ºC oven to yield a white, soap-like powder. This solid (0.08 g) was acidified by dissolution in 0.64 mL of 1.0 N HCl, and a second white powder was recovered upon evaporation. The first powder was derivatized and then analyzed by GC/MS while both powders were analyzed by FTIR and NMR (Figs. 16, 17, 19, 20). N-Methyl- γ-aminobutyric acid (N-methyl GABA). To a 250 mL round bottom flask was added 20.0 mL of N-methyl-2-

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pyrrolidinone, 10.0 mL of water, and 8.28 g of NaOH, and the mixture was refluxed for 5 hours. At this point, the flask contained a viscous liquid, and a large amount of white powder adhered to the inner wall. Both powder and liquid were decanted into a large watch glass and dried in an 80ºC oven overnight, resulting in a white, soap-like powder. This solid (0.11 g) was acidified by dissolution in 1.60 mL of 1.0 N HCl and then evaporated to a second white powder. Both powders were analyzed by FTIR and NMR (Figs. 25-28).

RESULTS AND DISCUSSION The analysis of GHB has been quite troublesome in the past, as the forensic chemist must deal with the chemical properties of the compound. The lack of adequate color test results and thermal degradation in the GC injection port have necessitated alternative techniques to detect and identify GHB. Results prove that the various structural analogs of GHB mimic its properties in color tests and GC/MS analysis. All of the analogs and their respective precursors were subjected to various color tests (Table 1). Commonly-used tests (Marquis, Mandelin’s, and Mecke’s) gave very little response to most of the analogs and their respective precursors. Only those specifically designed for GHB indication offered significant color changes for most compounds. The cobalt nitrate reagent gradually lost any distinguishable color change as the analogs increased in complexity. Substitution with cobalt acetate proved ineffective, as no color change was observed. The light blue color change for N-methyl GABA using cobalt nitrate is a result of the chloride salt form of the analog, rather than the analog itself [4]. The positive blue color change for each precursor solvent using solid cobalt thiocyanate is mimicked by various organic solvents and should be used with discretion. Methanol, ethanol, ether, and acetone are some of the more common solvents also turning blue with cobalt thiocyanate [5]. When used with the cobalt nitrate test, the chemist can ascertain the make-up of the original sample (precursor only, precursor and analog, or analog only). Each analog thermally dehydrated and cyclized to its respective lactone or lactam during underivatized GC/MS analysis (i.e., 4-methyl GHB to γ-valerolactone and GABA to 2-pyrrolidinone). Because of thermal degradation, some procedures choose derivatization followed by GC/MS analysis to distinguish GBL from GHB and the same method applies to each of the analogs. Rather than using BSTFA to derivatize [6], each of the compounds was reacted with trifluoroacetic anhydride (TFA) due to reduced column degradation and more a facile derivatization technique. Although GHB is listed as insoluble in CHCl 3 and CH 2Cl 2, enough solubilized for adequate derivatization. The results of TFA derivatization are displayed for each compound (Figs. 4, 10, 18, 23, 34, 35). TFA acts by forming O- and/or N-trifluoroacetates; some, like 1,4-butanediol and GABA, have more than one possible reaction site and thus form

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION a variety of derivatives. Major and some minor TFA derivatives are listed. Although pure analog standards were derivatized and then injected, some precursor peaks were detected due to thermal degradation of the TFA derivative. For example, the total ion chromatogram of the 4-methyl GHB-derivatized sample not only consisted of the mono-TFA derivative but also γ-valerolactone. For GABA, 2-pyrrolidinone and its TFA derivative peaks were detected due to thermal degradation even though none was in the original sample. Interestingly, GC/MS analysis of derivatized N-methyl GABA yielded only N-methyl-2-pyrrolidinone and no derivative peaks for N-methyl GABA, although both the amine and the alcohol offered sites for derivatization. To explain this, it is theorized that the TFA preferentially acetylated the hydroxyl group due to less stearic hindrance. Once injected, the acetylated hydroxyl group split off in the high injection port temperatures allowing reformation of N-methyl-2-pyrrolidinone. Future analysis of suspected N-methyl GABA samples must be done by some other means (FTIR or 1H NMR) Due to the relative insolubility of GHB and most other related analogs in CHCl3, 1H NMR analysis could not be performed in deuterated CDCl3 or CCl4, but rather in deuterium oxide. This is mentioned because deuterium oxide interacted by hydrogen bonded with the analogs containing free hydroxyl groups, effectively inhibiting any NMR response from the hydroxyl hydrogen on the analog [7]. Chemists using a different solvent for 1H NMR analysis should be aware of differing responses of analogs containing hydroxyl groups. The synthesis of 4-methyl GHB from γ-valerolactone was identical to GHB synthesis from γ-butyrolactone by alkaline hydrolysis. The γ-valerolactone was added slowly due to the extremely exothermic nature of this reaction. After an hour of reacting, an online internet reaction procedure mentions evaporating under vacuum to remove the ethanol [8]. The sample was air-dried overnight to mimic clandestine synthesis. Because standard 4-methyl GHB and accompanying references were unavailable, the IR spectrum was compared to that of a known 2-hydroxyvaleric acid, sodium salt literature reference. Enough similarities existed between the two spectrum to warrant a tentative identification of the unknown powder as 4-methyl GHB. Proton and carbon NMR results (Figs. 11, 12) positively identified the powder as 4-hydroxyvaleric acid, sodium salt (4-methyl GHB, Na+). Synthesis of GABA and N-methyl GABA involved the hydrolysis of their respective lactams. Although structurally related to lactones, lactams require more severe reaction conditions for hydrolysis, including either acidic or alkaline conditions and heating. Acidity, however, is counterproductive, as GHB and related compounds equilibrate to their lactones/ lactams by dehydrating. The hydrolysis of 2-pyrrolidinone was therefore achieved using NaOH. Due to the nature of the conversion, the synthesized GABA was in its Na+ salt form, resulting in extremely alkaline

PAGE 18

Figure 2. Analog - TFA structures O O Na+

HO O

GHB

O Na+ O

F3C

GHB-TFA

O

O HO 4-methyl GHB

O Na+

Na+

O F3C

O 4-methyl GHB-TFA

O

O

O OH H2N GABA

F3C

O

O

N H

OH

O

O

GABA-di-TFA N H

CF3

O

N H

CF3

O O 4-methyl GABA-mono-TFA

O 4-methyl GABA

O F3C

OH

O

OH

1,4-butanediol-TFA

HO

O

1,4-butanediol F3C

1,4-butanediol-di-TFA O H N

O

2-pyrrolidinone

CF3

O

O

O

CF3 N

O

2-pyrrolidinone-TFA

solution pH. After hydrolysis, the presence of residual NaOH was eliminated because no brown precipitate formed with a AgNO3 solution. When tested with the cobalt nitrate and Methedrine color tests, the suspected GABA did change the expected violet and dark purple, respectively. NMR results were extremely similar compared to the GABA standard results (Figs. 19, 20); however, the spectrum had shifted down field due to the chemical change as a Na+ salt. Peaks at 2.0, 2.4, and 3.1 ppm for GABA correspond to those at 1.8, 2.3, and 2.9 ppm, respectively. A portion of the suspected GABA was derivatized with TFA and analyzed by GC/MS. The sample contained the same peaks as the GABA standard. However, the FTIR spectrum of the unknown (Fig. 17) differed from the known GABA (Fig. 16), which was neutral and not in the Na+ salt form. Neutralizing with HCl resulted in a powder which was an identical match to the standard GABA spectra by FTIR. The same procedure was followed for the synthesis of N-methyl GABA except that a longer reaction time (5 h rather than 1 h) was required. Color tests were positive for the presence of N-methyl GABA, although some residual NaOH was indicated with AgNO3. As with GABA, 1H NMR comparison with known

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VOLUME 11 NUMBER 1 — JANUARY 2001

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION N-methyl-GABA and the powder after hydrolysis yielded similar results with the only difference being a shift down field for the unknown (Figs. 27, 28) For positive identification, the powder was converted to the HCl salt which matched N-methyl GABA standard by FTIR. Lactams and their hydrolysis products tend to be more stable in solution than their respective lactones. For example, GHB undergoes spontaneous dehydration and cyclization at neutral pH over time [9]. However, an aqueous solution of GABA will not tend to spontaneously convert to 2-pyrrolidinone. Such properties may be taken advantage of to remove unconverted lactams prior to analysis by the forensic drug chemist.

REFERENCES 1.

2. 3.

4.

CONCLUSION As GHB abuse continues, underground chemists must deal with the diminishing supply of the necessary precursors. The interest by GHB abusers in related analogs and their synthetic routes warrants forensic chemists to obtain the necessary analytical information for detection and identification. Hopefully, the information listed in this paper will help the forensic chemist identify select GHB analogs.

5.

6. 7.

ACKNOWLEDGMENTS I thank Dr. Tamara Jahnke and Southwest Missouri State University for use of their NMR, as well as invaluable assistance regarding the various synthetic routes examined in this paper.

8. 9.

Morris, J. A. “Analogs of GHB Part 1: Theoretical Perspective”, Journal of the Clandestine Laboratory Investigating Chemists Association, Volume 10, Number 2, Pages 14-16. Fowkes, Steven. “The Emergence of GHB Alternatives”, Smart Life News, Volume 6, Number 9, October 1998. Bourguignon, J., Schoenfelder, A. et al. “Analogues of γ-Hydroxybutyric Acid. Synthesis and Binding Studies”, Journal of Medicinal Chemistry, Volume 31, Number 5, 1998, Pages 893-897. Clarke’s Isolation and Identification of Drugs. Moffat, A. C., Second Edition, The Pharmaceutical Press, London, 1986, Page 135. Morris, J. A. “Extraction of GHB for FTIR Analysis and a New Color Test for gamma-Butyrolactone (GBL)”, Microgram, Volume 32, Number 8, August 1999, Pages 215-221. Frommhold, Sebastian. “Gamma-hydroxybutyrate (GHB): What’s ‘the Scoop’?”, Toxi-News, Volume 16, Number 1, Pages 3-8. Personal Communication with Tamara Jahnke of Southwest Missouri State University, 2000. http://www.lycaeum.org/drugs/synthetics/ghb/4-methyl-ghb Ciolino, L and Mesmer, M. “Bridging the Gap Between GHB and GBL”, Presentation at American Academy of Forensic Sciences Annual Meeting, 2000.

Figure 3. Infrared spectrum of GHB, sodium salt 100 90

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Figure 4. Mass spectrum of GHB-TFA derivative 69

Sc an 505 (5.892 min): JA M02.D

160 00 00

183

150 00 00 140 00 00 130 00 00 120 00 00 110 00 00 100 00 00 900 00 0 800 00 0 700 00 0 155

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Figure 5. Proton NMR of GHB

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Figure 6. Infrared spectrum of GBL 10 0

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VOLUME 11 NUMBER 1 — JANUARY 2001

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Figure 7. Mass spectrum of GBL 42

Sca n 3 42 ( 4.987 mi n): J AM 22.D

70000 0 65000 0 60000 0 55000 0 50000 0 45000 0

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Figure 8. Proton NMR of GBL

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Figure 9. Infrared spectrum of 4-methyl GHB 10 0

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Figure 10. Mass spectrum of 4-methyl GHB-TFA derivative 55

500000

Scan 526 ( 6.008 mi n): J AM06.D 69

450000 400000 350000

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Figure 11. Proton NMR of 4-methyl GHB

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Figure 12. Carbon NMR of 4-methyl GHB

22 0 0

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1 7 5

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Figure 13. Infrared spectrum of GVL 10 0

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Figure 14. Mass spectrum of GVL 56 950 0 900 0 850 0 800 0 750 0 700 0 650 0 600 0 550 0 500 0 450 0 400 0 350 0 300 0 250 0 200 0 150 0 100 0 500 0

#64 80 : 2(3H)-Furan on e, di h ydro-5-me th yl- (CAS) $ $ .g am m a.-

85 41

100 45

37 30

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50

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110

Figure 15. Proton NMR of GVL

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Figure 16. Infrared spectrum of GABA 100 90

80

70

%T

60

50

40

30

20

10 0 4000

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Figure 17. Infrared spectrum of GABA, sodium salt 100

90

80

70

%T

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20

10 0 4000

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1000 W a v e n u m b e rs (c m -1 )

Figure 18. Mass spectrum of GABA-di-TFA derivative 69

750 00

Sca n 1 04 9 (8. 91 0 m in): JAM 1 0.D

700 00 650 00 600 00 126

550 00 500 00 450 00 400 00

112

350 00 300 00

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180

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Figure 19. Proton NMR of GABA

1 0

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8

7

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4

3

2

1

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Figure 20. Proton NMR of GABA, sodium salt

1 0

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Figure 21. Infrared spectrum of 2-pyrrolidinone 100 90

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Figure 22. Mass spectrum of 2-pyrrolidinone 85

Scan 229 ( 5.446 mi n): J AM26.D

260000 240000 220000 200000 180000 160000 140000 120000 100000

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Figure 23. Mass spectrum of 2-pyrrolidinone - TFA derivative 112

Scan 270 ( 5.779 mi n): J AM26.D

1800000 1600000 1400000 1200000 69 1000000 800000 56

600000 400000

41 181 84

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96

77

48

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Figure 24. Proton NMR of 2-pyrrolidinone

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Figure 25. Infrared spectrum of N-methyl GABA HCl 100 90

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%T

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10 0 4000

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1000 W a v e n u m b e rs (c m -1 )

Figure 26. Infrared spectrum of N-methyl GABA, sodium salt 100 90

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%T

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10 0 4000

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1000 W a v e n u m b e rs (c m -1 )

Figure 27. Proton NMR of N-methyl GABA HCl

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Figure 28. Proton NMR of N-methyl GABA, sodium salt

1 0

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Figure 29. Infrared spectrum of N-methyl-2-pyrrolidinone 100 90

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%T

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Figure 30. Mass spectrum of N-methyl-2-pyrrolidinone 99

Scan 188 ( 5.110 mi n): J AM30.D

1300000 1200000 1100000 1000000 900000 800000 700000 600000 44

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Figure 31. Proton NMR of N-methyl-2-pyrrolidinone

1 0

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Figure 32. Infrared spectrum of 1,4-butanediol 100

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Figure 33. Mass spectrum of 1,4-butanediol 31

#43 56 : 1 ,4-B uta ne diol (CAS) $$ Su col B $ $ Diol 14 B $$ 1,4-

950 0 900 0 850 0 800 0 750 0 700 0 650 0

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Figure 34. Mass spectrum of 1,4-butanediol - TFA derivative 42

Scan 55 (4.031 min): JAM32.D

700000 650000 600000 69

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Figure 36. Proton NMR of 1,4 butanediol

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ANALYSIS OF ANHYDROUS AMMONIA VIA PRECIPITATION OF AMMONIUM SALT J.C. SMILEY, TERESIA HICKMON AND CAROL KARR SENIOR FORENSIC CHEMISTS Mississippi Crime Laboratory Batesville, MS

ABSTRACT Anhydrous ammonia may be converted to ammonium hydroxide by mixing with water. An ammonium salt may then be made by reacting the ammonium hydroxide with a concentrated acid (i.e., hydrochloric, sulfuric, etc.) and precipitating with acetone. The corresponding salt (ammonium chloride, ammonium sulfate, etc.) is then analyzed by FTIR. Although this is an indirect examination of anhydrous ammonia, supporting evidence obtained from the field test and the investigator’s notes will support the identification of anhydrous ammonia.

INTRODUCTION Increasing theft of anhydrous ammonia from large storage tanks used on rural agricultural farms and co-op facilities and the potential danger to the public this substance presented became a concern of the Mississippi Legislature in 1999. Other than its legitimate use as a fertilizer, would be entrepreneurs were illegally obtaining the ammonia to use or sell for use, in the illegal manufacture of methamphetamine [3]. To combat this problem the Mississippi Legislature passed legislation making it a criminal offense to steal anhydrous ammonia, or to purchase , possess, transfer or distribute any two or more listed precursor chemicals or drugs (i.e., anhydrous ammonia), with the intent to manufacture a controlled substance [4]. This legislation required the Mississippi Crime Laboratory confirm the presence of these substances before persons could be prosecuted. Some of the precursor chemicals listed (i.e., anhydrous ammonia) could not be confirmed by conventional testing procedures used by the Mississippi Crime Laboratory at that time. In response to this need, the Mississippi Crime Laboratory Forensic Drug Unit investigated procedures to analyze samples alleged to be anhydrous ammonia. The inherent dangers associated with the physical properties of anhydrous ammonia suggests that the ideal place to collect a sample is outdoors, preferable upwind while using personal protective equipment (PPE) [7]. This is especially desirable because it eliminates the need to submit to the laboratory propane cylinders, oxygen cylinders or other containers illegally used to collect or transport anhydrous ammonia. These containers themselves may be a hazard since they may not be fitted to safely contain the corrosive material [5]. They should be inspected for safety before any attempt is made to remove the alleged ammonia from the vessel. Investigators are asked to conduct a field test

VOLUME 11 NUMBER 1 — JANUARY 2001

prior to collecting the sample. A pH reading may be taken by placing pH paper in contact with the valve or other opening of the suspected container. A gas/vapor ammonia detector tube may also be used to check for indications of ammonia gas [7]. Observation of volatile gaseous behavior and temperature of the suspect sample should be recorded. The investigator’s observations and results of the field tests are crucial to the chemist in preparing to analyze the suspect sample and write a report. Clandestine Lab investigators in Mississippi were given instructions to collect suspect samples by pouring or aspirating an approximate equal volume of suspect sample into bottled water contained in a borosilicate glass bottle. The bottle should be filled to no more than 1/2 its capacity. The bottle containing the mixture of alleged anhydrous ammonia mixed with water is then placed inside another plastic bottle for transport to the laboratory for analysis.

EXPERIMENTAL Field Test and Conversion to Ammonium Hydroxide In a well ventilated area using personal protective equipment (PPE) [7] the investigator should perform the following. Approximately one ounce of bottled water is poured into a disposable beaker. A thermometer is placed in the beaker of water and approximately one ounce of alleged anhydrous ammonia is aspirated or poured with the water. Remove the thermometer and record the temperature (approx. -33°C). Using pH paper or portable meter, note the pH of the mixture. Record this and other physical characteristics of the alleged anhydrous ammonia (pungent odor, volatile/evaporative behavior) [8]. Pour the ammonia mixture from the beaker into a borosilicate glass bottle with Teflon liner cap. Place the cap on the glass bottle, which should be no more than 1/2 full. The bottle containing the anhydrous ammonia in water is then placed inside a plastic bottle just large enough to contain the glass bottle. This will allow for breakage or expanding gas which may escape the glass bottle. A sample of the bottled water used is retained for a blank standard. The resultant sample collected is an aqueous ammonia solution (ammonium hydroxide). Precipitation of Ammonium Salt Pour 0.5 mL of the anhydrous ammonia in water solution into a plastic disposable beaker. Using caution, slowly add two or three drops of concentrated hydrochloric or sulfuric acid to the

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION beaker. The pH should be approximately 8. Add approximately 40 mL of acetone to the mixture to precipitate the ammonium salt. Filter and air dry the precipitate [1]. FTIR Analysis of Ammonium Salt A Nicolet Avatar 360 Fourier Transform Infrared spectrophotometer, utilizing Omnic 5.1 bench software, equipped with a Avatar Diffuse Reflectance accessory [11] and purged with nitrogen is used to analyze the dried precipitate. The spectrum is obtained in percent transmittance mode, resolution 4 at 64 scans and scan range 4000-400 cm-1.

RESULTS AND DISCUSSIONS Oulton and Skinner [1] discussed the precipitation of ammonium salts from respective acids. This procedure has been adapted to identify anhydrous ammonia via aqueous ammonia solution. The conclusion that an alleged ammonia solution is derived from anhydrous ammonia is based on data obtained from observations and measurements recorded by the investigator. This data combined with the infrared analysis of ammonium salt precipitated from the aqueous ammonia solution prepared by the investigator confirms the identification of anhydrous ammonia. The reactions are as follows: 2NH3 + 2H2O 2NH4OH + H2SO4

2NH4OH (NH4)2SO4 + 2H2O

or NH3 + H2O

NH4OH

NH4OH + HCl

NH4Cl + H2O

The investigator records physical and chemical properties of the alleged ammonia sample. Strong pungent ammonia odor, pH (approx. 11), evolution of cold vapor/gas and/or temperature (approx. -33°C) are reliable physical properties of anhydrous ammonia [8]. Gas sampling tubes may also be incorporated as a presumptive test [7]. By converting anhydrous ammonia to aqueous ammonia (ammonium hydroxide), a stable and relatively safe sample, amenable for transport and storage may be collected. Ammonium chloride or ammonium sulfate is easily precipitated from the aqueous sample. The procedure requires the neutralization of the aqueous ammonia sample with either concentrated sulfuric acid or hydrochloric acid. It is a concern that since sulfuric acid has two acidic protons, two salts can be formed, however ammonium hydroxide is basic enough to

PAGE 32

ionize both acidic protons of sulfuric acid [1]. Hydrochloric acid has only one acidic proton, so only ammonium chloride salt is formed. The subsequent ammonium salt produced, exhibits strong and distinguishable absorption bands as shown in Figures 1, 2, 3, and 4. The ammonium ions have a strong band at 3200 and 1400 cm-1 and a medium band around 1800. The sulfate ions have a band at 1100, 600 and chlorine, a broad medium band around 600 and 700 cm-1 [6, 9, 10]. It should also be noted that spectra may differ because of sample preparation and that band splitting due to crystallinity and particle size may occur [2], however, this has not posed a problem with spectral comparison and interpretation.

REFERENCES 1.

Oulton, Scott R. and Skinner, Harry F., “Identification of Common Inorganic Acids Encountered at Clandestine Laboratories”, Microgram, Vol. XXXI, No. 10, October 1998, pp. 277-282. 2. Fuller, Michael P. and Griffiths, Peter R., “Diffuse Reflectance Measurements by Infrared Fourier Transform Spectrometry”, Analytical Chemistry, 50(1978), p. 1906. 3. Dawson, Nick, “The Sodium-Ammonia “Nazi Method Of Methamphetamine Synthesis”, Journal of the Clandestine Laboratory Investigating Chemist Association, Volume 5, Number 3, July 1995, pp. 12-14. 4. Mississippi Code 1972 Annotated, August 1999, 41-29-313 5. Heinitz, Eric, “Initial Consideration for Handling 5 Gallon Pressurized Tanks of Ammonia Gas Associated with Clandestine Drug Labs”, Spill Program, Southwest Regional Office Washington State Department of Ecology, June 30, 1996. 6. Sadtler Research Laboratories Inc, High Resolution Infrared Spectra of Inorganic Compounds HR Inorganic, 1965 7. DEA Office of Training, “Clandestine Laboratory Training Safety Guide”, Volume 1, pp. 75-89, 128-132. 8. The Merck Index, Ninth Edition, Windholz, Martha, Editor., Budavari, Susan, Associate Editor., Merck & Co., Inc., Rahway, NJ, 1976. 9. Miller, F.A and Wilkins, C.H., “Infrared Spectra and Characteristics Frequencies Of Inorganic Ions, Their Use In Qualitative Analysis”, Analytical Chemistry, 24(8), 1952, p. 1253. 10. Nicolet FTIR Spectral Library 11. Nicolet “Introduction to Sample Handling”, Nicolet Instruments Corporation, June 1999.

2001 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 11 NUMBER 1 — JANUARY 2001

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Figure 1. Infrared spectrum of ammonium sulfate standard in KBr 100 95 90 85 80

%T

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452.76 430.42 420.99

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Figure 2. Infrared spectrum of ammonium sulfate precipitated from ammonium hydroxide made from anhydrous ammonia standard 105

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Figure 4. Infrared spectrum of ammonium chloride precipitated from ammonium hydroxide made from anhydrous ammonia standard 95 90 85 80 75

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VOLUME 11 NUMBER 1 — JANUARY 2001

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 11 NUMBER 3 — JULY 2001

IN THIS ISSUE ... CLIC Intranet Service Discontinued; New CLIC List Server Operational ........................................................ 2 Drug Labs in Valley Hideouts Feed Nation’s Habit ..................................... 3 Methamphetamine Labs Sprouting ............................................................... 5 Court Stories: A Tale of Betrayals Unfolds in a Montana Drug Trial .......... 6 William Pickard’s Long, Strange Trip .......................................................... 8 Court Case In Holland Against The Use Of Ayahuasca By The Dutch Santo Daime Church ............................................................ 12 Court Throws Out Search Warrant Based Solely On Smell Of Alcohol ............................................................................ 13 U.S. Supreme Court Rules No “Medical Necessity” For Distribution Of Marijuana .................................................................... 16 Lab Seizures ................................................................................................ 17 A Review Of Real-Time Monitoring Instrumentation For The Detection Of Phosphine Gas ................................................... 18 Mark Cameron, CIH

2001 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Association Officers President: Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284 Vice-President: John Hugel Health and Welfare – Canada 2301 Midland Ave Scarborough, ON M1P 4R7 CANADA (416) 973-2146 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (316) 792-4353 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Roger A. Ely DEA Western Laboratory 390 Main St Ste 700 San Francisco, CA 94105-2018 (415) 744-7051 Past-President: Catherine Wojcik San Bernardino Co. Sheriff's Crime Lab 200 S Lena Rd San Bernardino, CA 92408-1604 (909) 387-2200 Executive Board Members: Eric Lawrence Indiana State Police Laboratory 8500 E 21st St Indianapolis, IN 46219-2598 (317) 899-8521 Gina Williams CA DOJ Crime Lab 1500 Castellano Rd Riverside, CA 92509-1725 (909) 782-4170

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CLIC INTRANET SERVICE DISCONTINUED; NEW CLIC LIST SERVER OPERATIONAL Effective June 30, 2001, CLIC’s intranet web site ceased to exist. The provider of the free intranet space, Intranets.Com, now offers a more robust fee-for-service environment without ad banners. Citing the difficulty obtaining capital from ad sales, Intranets.Com dropped their free intranet product. Intranets.Com has offered to allow the Association to continue its site at a life-time rate of $3 per member capping at $150 per month. The site was very handy for posting back issues of the CLIC Journal, the Drug Yield Calculator program, Seminar registration forms and reference spectra. One of the features that was popular but was not effectively used was the “Discussion” forum. In the forum, members could post requests for information, comments regarding issues in the field, or analytical methodologies. Notification of posts to the forum, however, were poor. It required the posting member to send an email out from the site to all the members informing them of the posting. The receiving member then had to go to the intranet site, log in, and read the posting. The whole process was cumbersome. At least in the interim, the solution for keeping CLIC members in contact with one another is the use of a free list server. The process works like this: If your email is on file in the Association’s Journal mailing database kept by the Journal Editor, then you should have already received an invitation to join the list server. Once you have joined, you can send an email message to “[email protected]”. The message goes to the list

server and is then distributed to each member of the list via their email account. Replies to the original posting are also sent out in the same manner. Anyone can respond and their comments will be received by everyone on the list. At this time, the list is unmoderated, e.g., all messages are forwarded to list members. However, if the traffic volume gets high or the subject material is not appropriate, messages can be examined prior before they are sent out to the list. Since the list server is email based, it is also possible to attach files to messages. However, as a rule, you should not post files >250 KB to the list due to the time it takes members with modem connections to download large files. If you have a large file you think worthy of passing around, please check with the list members first, have the ones interested contact you off-list, and you can mail it to them without bothering the flow of message traffic on the list. Self-extracting compressed or zipped files are preferred. One advantage of the list server is you will not see 100 or more email addresses in the message header. Large numbers of email addresses in messages is one of the items most email server firewalls look at to decide if an incoming message might be unsolicited email, or SPAM. If your email address did not appear in the recent Email Roster or it is incorrect, contact Roger Ely at [email protected] to get placed on the new list server.

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes ............................. OSP Forensic Laboratory – Portland, OR ................................................ (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab – Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................DEA Special Testing and Research Lab – McLean, VA ......................... (703) 487-3040 O. Carl Anderson ..................... Kansas Bureau of Investigation Lab – Great Bend, KS ........................... (316) 792-4353 Jerry Massetti ........................... CA Criminalistics Institute – Sacramento, CA ........................................ (916) 227-3575 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452 Peter Vallely ............................ J. Tonge Centre for Forensic Science - Brisbane, Australia .................... 617-3274-9031

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VOLUME 11 NUMBER 3 — JULY 2001

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

DRUG LABS IN VALLEY HIDEOUTS FEED NATION’S HABIT EVELYN NIEVES New York Times, May 13, 2001 MADERA, Calif., May 12 — Along the country roads off Highway 99, it is plain to see why the Central Valley calls itself the nation’s fruit basket. Rising from some of the richest soil in the world, disciplined rows of fig and almond trees give way to orange and lemon groves, cherry orchards and bushy lettuce and cabbage plants, as far as the eye can see. But hidden away on this soil, in abandoned barns and falling-down farmhouses, hundreds, if not thousands, of laboratories are churning out illegal methamphetamine, the highly addictive stimulant that Barry R. McCaffrey, the former federal drug czar, has called “the worst drug that has ever hit America.” As a result, methamphetamine is likely to be one of the biggest challenges for President Bush’s newly nominated drug czar, John P. Walters, and the man Mr. Bush selected to run the Drug Enforcement Administration, Representative Asa Hutchinson of Arkansas. In the last few years, the Central Valley, particularly its heartland, has become so inundated with methamphetamine laboratories — many of them run by Mexican crime families — that the Drug Enforcement Administration has labeled it a “source nation” for the drug. The valley’s only competition, federal authorities say, is Southeast Asia, which produces and distributes the drug in pill form, mainly to Europe. Here the drug is produced as a powder, which users snort, inject or even slip into their coffee. “It’s been growing tremendously in the last five or six years,” said Joe Keefe, chief of operations at the drug agency. “In 1996, we looked at methamphetamine trafficking by the Mexican nationals and had 60 investigations. In the last couple of months, we had over 800.” The organizations have also expanded their marketing all over the country, he said, such that methamphetamine produced in California can be bought on the street in Portland, ME. Other states, particularly Washington, Missouri and Iowa, also have significant problems with methamphetamine laboratories, but 97 percent of the “superlabs” that can be traced to Mexican drug operations are in California, law enforcement officials say. The state produces 80 percent of the drug found in this country, the officials say, 60 percent of it in the pastoral towns of the Central Valley stretching from Bakersfield to Sacramento. Government officials consider methamphetamine the fastestgrowing illegal drug in this country, in Canada and in parts of Europe, feeding an epidemic of addiction that they say rivals that of heroin and cocaine over the past few decades. But the impact is felt acutely here as the clandestine laboratories poison the Central Valley’s soil with byproducts and tax the

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combined resources of special squads from dozens of law enforcement agencies. Officials have also expressed particular concerns about children who live in or near the laboratories and are exposed to dangerous fumes. In the last decade, officials say, methamphetamine production has surged in the state as a whole and in the Central Valley in particular. In 1999, 261 laboratories were seized in 9 of the valley’s 17 counties, triple the 73 seized seven years before. But the cartels, officials say, see the raids simply as the price of business. When a laboratory is raided or found accidentally — sometimes when the cooks blow up the building they are in — the operation simply finds another barn or house. This makes the operations particularly hard to break, said William Ruzzamenti, a special agent for the Drug Enforcement Administration and director of the Central Valley High Intensity Drug-Trafficking Area program. The Central Valley program, which began in January 2000, operates four task forces from more than 50 federal, state and local law enforcement agencies that comb the valley for the laboratories. They are relentlessly busy. Central Valley’s methamphetamine task forces and other law enforcement agencies crack five laboratories a day in California. The amount they seize is only about a tenth of the methamphetamine produced, officials estimate. The drug cartels out-finance the antidrug efforts many times over. The Central Valley task forces, for instance, receive $2.5 million a year in federal aid to fight the producers. “We keep busting them,” Mr. Ruzzamenti said. “But they keep setting up shop.” Methamphetamine, widely known as meth, crank and crystal, was once produced and sold solely by outlaw motorcycle gangs, drug officials say. In the 1960’s and 70’s, the gangs cooked the product in remote outposts in the California desert and distributed it themselves. Then, in the early 90’s, as crack waned, Mexican crime families, primarily from Michoacán, who had been trafficking in cocaine from Colombia, discovered that they could make more money by creating their own product, which they would not have to smuggle to the United States. In places like San Diego, San Bernardino, Riverside and Los Angeles Counties, they began setting up the superlabs — those that produce at least 10 pounds a day, unlike the smaller, amateur laboratories run by drug users. But aggressive law enforcement efforts began putting a crimp in the superlabs, and about four years ago, officials say, the cartels began moving operations north to the San Joaquin Valley, the wide-open section of the Central Valley. Law enforcement officials say that shaking the superlab operations is particularly hard in the Central Valley because its

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION vast, unpopulated stretches and ready access to interstate roads make it easy to hide and transport methamphetamine. Also, the valley’s chronic high-unemployment rate makes recruiting workers, ignorant of the deadly risks of producing the drug, as easy as selling lemonade on a hot day. “One of the tragedies of this business is that the crime families consider the work force a renewable resource,” Mr. Ruzzamenti said. “When the workers get too sick from all the chemicals they’ve been ingesting to keep going, they just bring over or recruit others.” Any unassuming building can be a methamphetamine laboratory producing up to 100 pounds per 24-hour cooking cycle. Robert Pennal, commander of the Fresno Anti-Meth Task Force — which covers three of the most active counties, Madera, Fresno and Merced — has learned to look at every building in the middle of a field with a suspicious eye. “They love buildings deep in a field, where they can look out and see who’s coming,” said Mr. Pennal, on a recent tour of Merced County. Last year, the task force raided 56 laboratories, 36 in Merced alone. And the majority, Mr. Pennal said, were superlabs run by Mexican syndicates. To demonstrate the ordinariness of a superlab, Mr. Pennal drove to one his task force raided more than a year ago. The farmer who owns the land was unaware of the site until it was raided and was still awaiting word from the county health department on when he could tear the building down. But when Mr. Pennal pulled up to the property, he discovered new trash bags full of the ingredients used to produce methamphetamine, from gloves to denatured alcohol to Coleman cooking fuel. The abandoned farmhouse had once again been used to produce the drug, perhaps even the day before. Superlab operators will rent a farmhouse and work on the property for as long as a year without the farmer who owns the property even realizing it, Mr. Pennal said. The cartels either pay off a farm worker to act as a lookout or rent the farm worker’s house as a laboratory, paying the worker to keep quiet. Earlier this month, an almond and fig farmer in Madera County stumbled onto a laboratory in an abandoned house on his 600-acre farm. “I noticed the windows were boarded from the inside, so I just went inside,” said the farmer, who refused to give his name for fear of retaliation from the cartels. What he found was a laboratory in midcook, capable of producing 40 pounds of methamphetamine a day. The drug is immediately cut once, often twice, for a yield of perhaps 80 to 120 pounds. On the street, its value would be $1 million to $2 million, depending on where it was sold. (Wholesale prices run from $4,500 to $8,000 a pound in California, $15,000 to $20,000 a pound on the East Coast, Mr. Pennal said.) The drug costs $1,300 to $1,800 a pound to produce, including labor and raw ingredients, an unpalatable assortment that can include crushed diet pills, nasal decongestants, even antifreeze. Two people were arrested that day — a farm worker who lived next door in worker barracks who was suspected of having been hired to keep quiet and watch the laboratory, and a suspected

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laboratory employee found on the premises. But just to remove the materials and catalog them took dozens of special agents, many of them outfitted with thousands of dollars worth of protective equipment. The ground around the Madera farm laboratory was white with the residue of methamphetamine byproducts. “The farming situation being what it’s been the last couple of years,” said the farmer, “we’re most worried about the hazardous materials and what it’s going to do to the farm. If it costs a lot to clean, we just might give up the farm.” Officials say the laboratories create up to 10 pounds of waste for every pound of the drug. With an estimated output of well over 100,000 pounds a year, that means a million pounds of waste is being produced, including chemicals like red phosphorous, hydrochloric acid and hydriodic acid. One of the most dangerous byproducts is phosphine, which scientists say is so toxic only a few molecules can be deadly. When a laboratory is found, the state hires waste cleanup companies to remove the materials inside (at a cost to taxpayers of approximately $10 million a year). But the cost of cleaning contaminated soil and groundwater is the property owner’s burden. More and more, said John Anderson, the sheriff of Madera County, where about a dozen superlabs were found last year, owners are abandoning their properties. “One farmer was hit with a $600,000 cleanup bill and he let the farm go for back taxes,” Mr. Anderson said. “Now the county has to foot the cleanup costs.” There are other costs as well. Child protection agencies here, flooded with cases of neglect and abuse, trace the majority of the cases to parents who use methamphetamine, which causes paranoia and violent outbursts in some users. In addition, the Central Valley task forces recently began testing children they find in or near methamphetamine laboratories, because fumes produced in the cooking of the drug can destroy lung tissue and induce chemical pneumonia. Every single child, said Mr. Ruzzamenti, the drug enforcement director, has tested positive for methamphetamine or a toxic byproducts. “Methamphetamine is the most significant drug threat in this district,” said John Vincent, the United States attorney for the Eastern District, which covers the Central Valley. “About 75 percent of the drug cases that we bring annually are methamphetamine cases.” The penalties for methamphetamine production are high. Possession of 500 grams, just over a pound, commands a minimum mandatory sentence of 10 years in prison, and the higher the amount, the higher the sentence. A production line worker in a superlab — which employ five to six workers and a foreman — is liable on conviction to be sentenced to 30 years to life in prison. But Mr. Vincent noted that most raids resulted in arrests of low-level workers — the renewable resources — and left the source untouched. “It is difficult to work your way up the chain for two reasons,” he said. “Lab workers are kept ignorant and they fear retaliation.”

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

METHAMPHETAMINE LABS SPROUTING THE ASSOCIATED PRESS May 13, 2001 ASHFORD, Wash. (AP) – In the Tahoma State Forest in the shadow of Mount Rainier, hikers and hunters have been displaced by men in moon suits searching for contamination from methamphetamine labs and roping off sickly brown “dead zones” where meth-making’s poisonous byproducts were dumped. It’s part of what authorities say is a national trend: As police crack down on methamphetamine in cities and towns, makers of the highly addictive drug are moving to vast, lightly patrolled state and federal forests to set up their labs. The number of busted meth labs increased tenfold over the past year in Washington state alone. “It poses a danger to anyone out there in the woods,” said forester Bob Brown of the Washington Department of Natural Resources. “Somebody could get killed or injured very badly by this stuff.” The simplicity of making meth – cheap to produce, with a potent high – has fueled its popularity. When users eat, inject or snort meth it makes them feel euphoric, energized and powerful. Addicts can go days without sleep. But the drug’s downsides strike quickly: irritability, paranoia, aggression and violence. The Tahoma forest was closed last month until at least June 10 after authorities discovered a meth lab including open containers of solution with a pH of 14 – corrosive enough to burn flesh off bones. A blast of anhydrous ammonia, a meth ingredient that leaches moisture from whatever it touches, could “take your eyeball and shrink it down to the size of a raisin,” says Ashford Fire Chief Jim Gregory. Closing an entire forest for a meth lab cleanup was a first in Washington, and no national forest has ever been shut down because of meth, said Kim Thorsen, deputy director for law enforcement and investigation at the Forest Service. State investigators said it was necessary because the remnants were spread over about 100 acres and they needed to make sure they had found and cleared everything. Despite thin resources – seven investigators for 2.1 million acres of forest – Washington authorities have been finding a lot more meth. From 1996 to 1999, foresters found about two active meth labs per year on state forest land, according to DNR environmental specialist Phil Clark. In the past year, they’ve found 20. Nationally, Thorsen said, the U.S. Forest Service found 107 meth labs and dump sites in national forests in 1999. Last year they found 488, a 356 percent increase. “There are a lot of resources focused on cities and towns. Law enforcement drives those folks into rural areas, where there are fewer cops and they’re not as easily detected,” Thorsen said.

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At the Mark Twain forest, the biggest trouble spot, Forest Service special agent Mike Green said the agency just hired two more agents in response to the meth problem. “We’re trying to play catch-up,” he said. The Washington State Patrol describes the Tahoma meth lab as medium-sized, capable of producing about two pounds of meth a day, worth up to $16,000 on the street. The costs of cleaning it up are still mounting. A much smaller operation found last year at a nearby lake cost the state $40,000. Vast, uninhabited acres have always attracted illegal activity, from moonshiners to marijuana growers. But officials say the meth cookers — who often sample their products — are a new breed. “They’re less grounded mentally. They can go off at any second,” said Dennis Heryford, chief investigator for DNR law enforcement. Marijuana growers are likely to take off when discovered, he said, while meth cookers often come out shooting. Likewise, marijuana plants are simple to eradicate – just pull them up by the roots. Getting rid of a meth lab is dangerous and expensive. Meth cookers dump battery acid, solvents and other toxic materials into rivers or the ground. Much of the waste is highly flammable and explosive – another danger anticipated for the summer forest fire season. Washington foresters, who don’t carry weapons, have been trained on how to recognize the signs of a meth lab and what to do when they find one. In California, every state firefighter knows how to respond to a fire caused by or near a suspected meth lab. “A lot of our training is starting to emphasize more and more that we have a good chance of running into drugs and especially these methamphetamine labs because they’re so easy to set up,” said Randy Hancock, president of the North American Wildlife Enforcement Officers Association and a game warden in Colorado.

11th Annual CLIC Seminar September 5-8, 2001 Monterey Plaza Hotel Monterey, CA Make your hotel reservations by August 3, 2001

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

COURT STORIES: A TALE OF BETRAYALS UNFOLDS IN A MONTANA DRUG TRIAL WILLIAM GLABERSON New York Times, May 14, 2001

COLUMBUS, Montana— Night was falling on the Yellowstone Valley when Russell R. Nickel pulled his green Subaru Forester into the Town Pump truck stop on November 3, 1999. A woman who was not his wife got out of her car and into his. As he pulled onto the quiet streets of Columbus, population 2,072, another car followed at a discreet distance. That night Russell Nickel was 36 years old and at the top of his game. Precision Theatrical Effects, the business he had started fresh out of college, was a success, selling specialized indoor theatrical pyrotechnics for shows by the likes of ‘N Sync, Limp Bizkit and the Walt Disney Company. In the tight-knit community of elite pyrotechnics around the world, Mr. Nickel was considered a genius “fire maker.” Innovative effects, new colors and new sounds seemed to pour out of his factory on a 20-acre campus here, 40 miles west of Billings, Mont. The woman in the Subaru was Renae Parkins, a 28-year-old mother of three. In the unmarked car were two state narcotics officers and the chief of Columbus’s five-person police department. Mrs. Parkins had told the authorities that she and Mr. Nickel had grown close after their spouses had had an affair. She also told them that he had hooked her on methamphetamine that he had made in his lab. Trying to nail the case against Mr. Nickel, the officers had wired Mrs. Parkins with a hidden microphone. The scratchy tape from that evening was played during Mr. Nickel’s recent trial here on 10 felony charges including manufacturing dangerous drugs for Mrs. Parkins. On it, Mrs. Parkins giggled as she begged for more of some unnamed substance. When Mr. Nickel declined, with an explanation about how hard it had been to make and to clean up afterward, she asked whether he did not love her anymore. “I’m not going to jail for you,” he said. “There’s got to be a limit to love.” Even in the biggest cities, drug investigations are often built on betrayal. But in a small community like Columbus, the duplicity has a special power, as spouses, friends and business acquaintances turn on one another. In a place where almost everyone knows almost everyone else, the waves from a big case can wash over an entire town. They did just that during Mr. Nickel’s nine-day trial, which ended on May 4. From the witness stand in Judge W. Blair Jones’s courtroom in the Stillwater County Courthouse came a catalog of deceptions as people here joined one side or the other for a bruising fight. Mr. Nickel, who denied that he had violated the law, contended

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that his wife and her allies had used the prosecution to try to steal his $2-million-a-year business. The prosecutor, Robert Eddleman, said the trail to Mr. Nickel’s arrest began with furtive meetings in 1997 or 1998 between Mr. Nickel’s wife, Cheryl, now 37, and Paul Parkins, 33, the owner of a local machine shop. In the courtroom, Mr. Parkins projected careless charm. Once from the witness stand, he winked at a young woman in the second row. She smiled shyly. Mrs. Nickel testified that she met Mr. Parkins in 1997 in a Columbus bar “at a point in my life when I had extremely low self-esteem.” She said that at the time she was “alienated” from her husband, whom she had met while he was in college in Florida. Mr. Nickel, a roundish man who favors floppy short-sleeved shirts, was no easy partner. He took Ritalin and antidepressants to treat attention deficit hyperactivity disorder, and he was preoccupied with business, several witnesses testified. Against this backdrop, Mrs. Nickel testified, she and Mr. Parkins began “some inappropriateness” that included petting and kissing. In court, Mr. Parkins’s voice changed when the subject of Mrs. Nickel came up. He said he had always liked her, and in response to a question from the defense lawyer, Penelope Strong, he did not deny that he might have loved her. “I don’t know,” he said, suddenly somber. “Love’s a pretty deep emotion.” In early 1999, Mr. Parkins’s wife, Renae, confronted him with cell-phone bills that showed repeated calls to Mrs. Nickel. As a result, the secret meetings ended. But after that, the aggrieved spouses, Russell Nickel and Renae Parkins, got to know each other. “We were kind of in the same boat,” Mrs. Parkins testified. An occasional methamphetamine user in the past, Mrs. Parkins said she told Mr. Nickel that she was thinking of buying the drug on the streets because she was so depressed about her husband’s affair that she could not get out of bed in the morning. “He said he had all the chemicals at his place that were needed and it would be a lot cleaner and safer for me,” she told the jurors. Mrs. Parkins said she and Mr. Nickel sometimes snorted methamphetamine together, an assertion that Mr. Nickel said was absurd. Mrs. Parkins added that for a time Mr. Nickel had given her enough methamphetamine to turn her into an addict. In October 1999, three weeks before the ride in the Subaru, Mrs. Parkins called the Columbus police chief, Mori Woods, and told her that Mr. Nickel had given her not only methamphetamine

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION over many months, but also Ritalin, amphetamines and gammahydroxy butyrate, or GHB, a sedative that was then legal and is known as the “date rape” drug. She said she turned him in because she could not quit using drugs as long as her supply was available. At the trial, Mr. Nickel denied making illegal drugs. He acknowledged producing GHB and giving some to Mrs. Parkins but said he had made the drug for himself to ease the side effects of Ritalin. Ms. Woods, the police chief, testified that Mrs. Parkins suspected unsavory motives. “She felt he had provided the drugs many times and asked her many times sexual questions,” Ms. Woods testified. Mrs. Parkins testified that in her mind their relationship was not romantic. The chain of betrayals began to lengthen. Mr. Parkins testified that Mr. Nickel told him in October that Renae Parkins had a drug problem. By then, Mr. Parkins and Mr. Nickel had, to the amazement of some, ostensibly become friends after they had confronted each other about the affair. Mr. Nickel had even invested more than $180,000 in a business that Mr. Parkins opened to make devices used in theatrical pyrotechnics. But the relationship soured when Mr. Parkins confronted his wife about her drug problem and she told him that Mr. Nickel had been her supplier. Mr. Parkins testified that he encouraged his wife to report Mr. Nickel and helped her collect, as evidence, empty vials of methamphetamine, which she said Mr. Nickel had given her. On November 7, the weekend after the authorities followed Mr. Nickel’s car, federal, state and local officers raided his business. They found chemicals that could be used to make methamphetamine but found no drugs. Mr. Nickel contended that the chemicals were used in his business, a point that was disputed but never resolved at the trial. After the raid, Cheryl Nickel at first supported her husband. But she later turned against him. At the trial several people testified that Paul Parkins had helped convince her that her husband was guilty. It was, Mr. Nickel testified, “an attempt to get her away from me, that was fairly obvious.” By spring, Mr. Parkins had left his wife and was again spending time with Mrs. Nickel. At Precision Theatrical Pyrotechnics, another person was worrying about what the investigation might mean to him. Christopher L. Ringer, a college friend of Mr. Nickel’s, had come to Montana to help start the company soon after Mr. Nickel had come. He owned 10 percent of the company. On the witness stand, in a button-down white shirt and a crisp red tie, Mr. Ringer described himself as the man who kept the merchandise flowing while Mr. Nickel toyed with new effects. Mr. Ringer testified that he had grown used to all sorts of dramas created by the impulsive Mr. Nickel. “It was like a roller-coaster ride all the time,” Mr. Ringer said. But many other witnesses said Mr. Ringer, now 34, had seethed as Mr. Nickel’s fame grew. He felt unappreciated and underpaid.

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Mr. Nickel always found some reason not to declare any dividends, Mr. Ringer testified. At times the case seemed to involve the whole town, a place with one supermarket and a desolate main street facing railroad tracks. The police chief said she met with informants at her home because there was no place in town that was out of sight. Mr. Parkins, among many others, kept the prosecution team updated. He reported at one point that Mr. Nickel had boasted that he would, “O. J. Simpson himself out of this,” beating the rap with expensive lawyers. Mr. Nickel, who faced a prison term of 20 years or more if convicted, hired private investigators to find out who had put the police on his trail. The investigators scoured Columbus, drawing even more people into the case, including many of Precision’s employees and the town masseuse. He also had the help of friends in theatrical pyrotechnics who followed the trial through e-mail messages and articles on The Billings Gazette’s Web site. Some came to Montana from Europe, Florida, Virginia, Nevada and the Los Alamos National Laboratory in New Mexico to vouch for their colleague. At the trial, it sometimes seemed a scorecard was needed to keep track of who had turned on whom. Between the raid in November and Mr. Nickel’s arrest in April, he had continued to confide in his old friend Chris Ringer. The two men were working side by side when the police arrested Mr. Nickel on April 11. As he was being led away, he turned to Mr. Ringer and said, “Call my attorney, Chris.” Mr. Nickel said he did not know that Mr. Ringer had been working with the police for six months, telling them about his every move. Eventually, Mr. Ringer, Mrs. Nickel and Mr. Parkins worked together to start their own pyrotechnics business, using recipes Mr. Nickel had developed — but without Mr. Nickel. But in yet another twist, Mr. Parkins later became enraged when he discovered that Mrs. Nickel and Mr. Ringer were meeting privately with a potential investor whom he had introduced to them. Mr. Ringer testified at the trial that he cut Mr. Parkins out of the business after learning that Mr. Parkins flew into a jealous rage when he caught Mrs. Nickel out with a new man and chased the couple down the highway in his pickup. “I was afraid that he was losing it,” Mr. Ringer said. Because of a bitter power struggle over the business, Precision Theatrical Effects closed its doors the month after Mr. Nickel’s arrest. Mr. Ringer and Mrs. Nickel failed in their efforts to open a new company. The Parkinses are separated. The Nickels are in divorce proceedings. Mr. Ringer testified that he has no permanent address and is living in hotel rooms elsewhere in the country. On May 4 a Stillwater County Jury acquitted Russell Nickel of all charges.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

WILLIAM PICKARD’S LONG, STRANGE TRIP: SUSPECTED LSD TRAIL LEADS FROM THE BAY AREA’S PSYCHEDELICS ERA TO A MISSILE SILO IN KANSAS SETH ROSENFELD, CHRONICLE STAFF WRITER San Francisco Chronicle Sunday, June 10, 2001 - Page A-1 Wamego, Kansas — On a cold afternoon last November, federal drug agents staked out a decommissioned nuclear missile silo in the gently rolling fields and watched as a tall, thin San Francisco man in black clothing and long silver hair tried to get in. Oblivious to the trap, William L. Pickard Jr., a University of California at Los Angeles researcher who studies psychoactive drugs of the future, took several aluminum canisters from a silo shed, put them in his rented Buick and merged into traffic. Minutes later, red lights and sirens pulsing, Kansas Highway Patrol officers stopped Pickard and a friend following him in a van. Clyde Apperson, a Mountain View business consultant, was arrested. But Pickard bolted from his Buick, which rolled into a ditch as the marathon-running vegetarian vanished into the heartland dusk. Inside the vehicles, agents found sophisticated laboratory equipment and what they allege is enough raw material to make 16 million doses of LSD. Pickard, they say, was poised to use the missile base, built during the Cold War to defend the American way of life, to make the drug that helped launch the 1960s counterculture and inspired Timothy Leary’s exhortations to “turn on, tune in and drop out.” This is the story about the life and times of Pickard, a brilliant chemist who was deputy director of UCLA’s Drug Policy Research Program, and how he came to be accused of conspiring to run one of the nation’s largest LSD labs. The tale unfolds amid a budding psychedelic renaissance rooted in the Bay Area. Hallucinogens have turned up at raves where they are used to party, at psychiatrists’ offices where they have been part of therapy and at universities where scientists are conducting the first authorized human tests on them in decades. The case highlights law enforcement suspicions that since the hippie era, Northern California has been a haven for elusive, close-knit groups who supply most of the nation’s “acid” in the belief that it fosters enlightenment. The Chronicle has learned that the Drug Enforcement Administration has investigated whether a surreal assortment of other people played a part in the alleged conspiracy - including women from a San Francisco strip joint, a Harvard psychiatrist, and a Manhattan financier who is a trustee of the American Ballet Theatre. The DEA also has probed claims that Pickard funneled hundreds of thousands of dollars in LSD profits to fund his own

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position at UCLA and to support ostensibly legitimate drug researchers at Harvard and the Heffter Research Institute, a Santa Fe, N.M., group leading the push for more studies of psychedelics. Heffter’s lawyer denied the claim. Pickard, 55, and Apperson, 46, have denied charges of possessing LSD and conspiracy, and face a June 21 hearing in Topeka. Pickard’s lawyers, William Rork of Topeka, and William Osterhoudt of San Francisco, contend their client was framed by an Oklahoma con man who owned the missile silo and became an informant to avoid his own charges of making

LSD In a phone call from Leavenworth federal prison, where he is being held without bail, Pickard said he opposes drug abuse and is straighter than most narcs. “I’m not a drug user at all,” he said softly. “Nor do I synthesize controlled substances or distribute them. I don’t even drink. A big drug experience to me would be a cup of coffee.” ––– It was 1974 and Pickard went to San Francisco’s federal building to pay his respects. Tim Scully was on trial for making huge batches of LSD in a Sonoma County farmhouse. Scully believed the drug could raise people’s consciousness and had bluntly told the court he had wanted to “turn on the world.” “There was a break, and I walked out into the hall, and he introduced himself as a fellow chemist,” recalled Scully, once an “apprentice” to Augustus Owsley Stanley III, the most infamous psychedelic sorcerer of the ’60s. Pickard smiled and handed Scully a U.S. Army Chemical Warfare Group pin with a flask and test tube design. “He was trying to express some brotherhood of underground chemists,” said Scully, noting that many acid chemists felt “we were doing a public service.” Later, Pickard paid $5,000 for a print by Dutch artist M.C. Escher, “Heaven and Hell,” that Scully sold to pay legal fees. It showed angels and devils and seemed to reflect the LSD experience. Nowhere was that experience more concentrated than the Haight in the sixties, which became a world center of a counterculture electrified by LSD.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION The most potent hallucinogen known, LSD can produce kaleidoscopic hallucinations, profoundly alter perceptions and cause experiences ranging from transcendent to terrifying. Used initially to study personality disorders, LSD had seeped into the mainstream before the government banned it in 1966. Then clandestine chemists like Scully filled the void. Pickard, a bright young man who had had trouble with authority and a special interest in chemistry, was among the throngs drawn to the Bay Area in 1967. “No one had quite seen anything like it,” Pickard said, “so many people stepping out of line . . . discussing theology and philosophy, seeking explanations, exploring their place in life.” Pickard was raised in a Baptist family in the Atlanta suburbs. His father was a lawyer, and his mother was a fungal disease expert at the Centers for Disease Control and Prevention. In high school, he was an honors student, played basketball and was named “most intellectual.” But in 1965, he was arrested for driving a stolen car. Pickard still won a scholarship to Princeton University. But he cut class to hang out in Greenwich Village jazz clubs and withdrew after one term, he said. By 1971, he had landed work as a research manager at UC Berkeley’s Department of Bacteriology and Immunology, a job he held until 1974, when his academic resume begins a 20-year gap. Public records show he studied chemistry at San Jose State and Stanford universities. And at San Francisco State University, he took a course on social drugs taught by Alexander “Sasha” Shulgin, whose pioneering research on the hallucinogenic amphetamine MDMA has earned him renown as the “Godfather of Ecstacy.” “He was a very interested student,” recalled Shulgin. In 1976, San Mateo County Sheriff’s deputies arrested Pickard for possessing hallucinogenic peyote cactus. In 1977, they raided his Portola Valley home, seizing a small Ecstacy lab. He served six months. On his release, he faded into the background, favoring inconspicuous cars and clothes. “He looked like a guy on his way to a golf course,” said Mark Dowie, a former Mother Jones editor who met him in the 1980s. “He was, in a way, part of the love generation. He really believed LSD and its derivatives could produce a better culture.” And he could be dramatically romantic, a friend recalled, and once hired Stanford University Band members to serenade a woman friend. By the early 1980s, Scully was out of prison and home near Mendocino. Pickard dropped by. “He wanted to compare and contrast methods of making acid,” said Scully. Pickard said his interest was purely academic, but the elder chemist declined. He had quit the psychedelic scene. Pickard left after an hour, said Scully, now a computer engineer. “All I could do is be friendly and offer him a cup of tea.”

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––– In December 1988, a neighbor noticed an odd chemical odor emanating from the architectural shop at a Mountain View industrial park and phoned police. Agents found a lab and seized more than 200,000 doses of LSD, including blotter paper featuring Grateful Dead album covers. When officers shined a black light around the lab, the surfaces glowed eerily with LSD dust. While taking the lab apart, one agent became so heavily dosed he collapsed in convulsions. Pickard was charged with making LSD, pleaded guilty and served about five years. Later, officials revealed that Pickard “had been an informant” for state and federal drug agents. Pickard said he helped police investigate people supplying equipment to make methamphetamine, which like heroin and cocaine is addictive. He seemed to see psychedelic drugs as beneficial, but eyed addictive drugs as a blight: “I agree with (hippie leader) Wavy Gravy. There’s blood on heroin and cocaine.” At a hearing related to his LSD bust, U.S. District Court Judge Marilyn Hall Patel warned the then-44-year-old Pickard: “I hope that the . . . years in the federal penitentiary will be spent wisely. You don’t have much time left to straighten out your life.” ––– Released from Terminal Island prison near Los Angeles in August 1992, Pickard went straight to the San Francisco Zen Center. In prison, he had become a vegetarian and learned to meditate. He would later be ordained as a Buddhist priest. Pickard lived at the center two years. Each morning, he would ring the temple bell, calling people to 5 a.m. meditation. And after sweeping the sidewalks outside the center, Pickard went off to classes at UC Berkeley. To journalist Dowie, Pickard seemed “set on his science and doing something with his life.” Occasionally, Pickard attended potluck dinners that brought together some of the leading thinkers on altered states of consciousness. The psychonauts, as many of them called themselves, met monthly at the Marin County home of John Weir Perry, a Harvardtrained psychotherapist who died in 1998. Perry had studied with Carl Jung. Shulgin, who had taught Pickard 20 years earlier, was among the resident elders. Astronaut Buzz Aldrin, computer engineers, scientists, writers and artists also dropped in, the Shulgins said. The talk lasted into the wee hours and covered consciousness, drugs and policy. Ann Shulgin noted drug use was forbidden. Mark Kleiman, a professor of public policy at Harvard who had dined with the psychonauts, said Pickard was seen as a “superbrilliant chemist.” In 1994, Pickard enrolled at Harvard’s John F. Kennedy

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION School of Government, where he became personally and professionally close with research fellow Deborah Harlow. They wed, had a daughter, but later separated. Harlow was a Bay Area therapist who helped pioneer the use of MDMA - before it became illegal in 1985 - as a tool to help clients become more emotionally open. She also worked on a federally funded study of MDMA users. Over the next few years, Pickard co-wrote a series of brief papers, including a 1994 study on 12 raves that found LSD more common at New York raves and MDMA more common at California raves. He focused on drug abuse in the former Soviet Union, theorizing that the booming black market and many unemployed chemists could flood the drug market. As part of the school program, some of Pickard’s Russian research was reviewed by Robert S. Gelbard, a Harvard graduate and then-Assistant Secretary of State for International Matters and Law Enforcement Affairs. Gelbard’s involvement helped Pickard meet top Russian drug officials, Pickard said. Gelbard did not return calls seeking comment. The research resulted in a paper, “What can the State Department do about drug problems in Russia?” But according to DEA records, Pickard himself was about to resume work as an underground acid chemist. ––– On a spring day in 1995, Pickard showed up at the New Mexico home of Al Savinelli, a subject in the first authorized test of psychedelics on humans since the 1970s. Savinelli had been given successive doses of a powerful hallucinogen called DMT at the University of New Mexico. The experiment drew attention from drug researchers including Pickard, who that day met one of his more prominent colleagues at Savinelli’s house. John Halpern, a psychiatric resident at Harvard University Medical School, had a strong interest in psychoactive drugs. He had recently published a study finding “the illicit use of hallucinogenic drugs is a re-emerging public health problem, especially among well-educated adults and teenagers.” But that day in Taos, Halpern himself was using ayahuasca, a potentially dangerous hallucinogenic tea made from rain forest plants. He was having a bad trip. He was lost in thoughts of despair and death, he later told the DEA, and Pickard calmed him. Pickard confided that he had taken “more LSD than anyone on the planet,” said Halpern. And as the two Harvard researchers discussed mutual interests over the following months, Pickard became a father figure. According to a statement Halpern gave the DEA, Halpern told Pickard he was financially strapped and might have to stop his research to take a better- paying job. Pickard replied that he had more than $1 million in cash from

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an inheritance - and other money from “the old days,” which Halpern figured meant his 1988 LSD operation. But when Halpern returned to Taos in 1996, Savinelli suggested another source of the money: He said he’d helped Pickard set up an LSD lab. Halpern claimed he didn’t know whether Pickard was doing anything illegal. But he told the DEA that, within a year, Pickard said he was generating lots of cash and wanted to invest it. Halpern set up a meeting between Pickard and an old friend and financial adviser, Stefan Wathne, 31, who lives in Manhattan and is a trustee of the American Ballet Theatre. In return for the introduction, Pickard offered Halpern a 10 percent commission on any deals with Wathne. Both Pickard and Wathne later told Halpern that none materialized. But in January 1998, Pickard handed Halpern a cigar box containing $100,000, Halpern said, which was followed by another $199,000 in cash. The DEA has investigated whether Wathne laundered LSD profits for Pickard, records show, and whether Savinelli helped set up LSD labs. Halpern and Wathne both refused to comment. Pickard denied giving either man drug money. Savinelli denied wrongdoing. Pickard had said he was not making LSD, Halpern told the DEA, and that he was working for the FBI, the DEA and American spy agencies. That, he said, might explain his “sometimes bizarre and secretive behavior.” ––– Pickard had other means of moving money, an informant told the DEA. He may have shipped $1.2 million to Los Angeles with help from three exotic dancers who worked at San Francisco’s Mitchell Brothers’ O’Farrell Theatre, the informant said. But the women denied the claims, telling the DEA that they knew Pickard only as a frequent customer of the theater who sometimes dined with them. And in 1998, the informant said, Pickard used Federal Express to send $97,700 in LSD profits to Heffter Research Institute, which supports medical studies of psychedelics. The institute is financing federally approved human experiments with psilocybin at the University of Arizona, and funds studies at Harvard and universities in Switzerland and Russia. Founded partly out of frustration with what it sees as inadequate government support for such research, Heffter has raised funds from Laurence S. Rockefeller and includes respected scientists at the University of California and other schools. Halpern is a consultant; Shulgin is an adviser. Jerry Patchen, Heffter’s lawyer, said in a letter to The Chronicle that the institute had received no money from Pickard, has

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION complied with all laws and was not the subject of any investigation. David Nichols, Heffter’s president and a professor of pharmacology at Purdue University, said he’s seen growing interest in the scientific study of psychedelics. “I’d like to think its the beginning of a renaissance,” he said. ––– By 1999, Pickard’s academic career was peaking. Kleiman had left his Harvard post to head UCLA’s Drug Policy Analysis Program, and named Pickard assistant director. Funding for Pickard’s post mysteriously materialized. “I got a letter one day from some guy I didn’t know,” said Kleiman, followed by two checks totaling about $140,000. Pickard used LSD profits to fund his own post, but disguised its origin by sending it through financial adviser Wathne, the informant said. Pickard denies this. While at UCLA, Pickard did research in Russia, learning about a plan to make a synthetic opiate and told former DEA head Robert Bonner. “I referred him to a DEA official,” Bonner said. Pickard’s main focus at UCLA was the Future and Emerging Drugs Study (FEDS), a proposal for an international group of experts to monitor new drugs that could have “novel effects upon personality, memory and learning, addictive behavior, and human performance.” Despite Pickard’s academic achievement, Kleiman said, Pickard was rarely around the office and produced few finished papers. “That was making me nervous,” he said. ––– It was at the Palace of Fine Arts, at a 1997 conference on entheobotany, the study of hallucinogenic plants, that Pickard encountered an eccentric Oklahoma man with an interest in psychedelics and a history of legal trouble. Gordon Todd Skinner, 36, had lots of cash, Porsches and a missile silo near Topeka, in Wamego. He bought the Atlas E silo in 1996, lavishly remodeling it and

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turning the silo grounds into a menagerie of Clydesdale horses, llamas and rare rabbits. In 1989, he was arrested in New Jersey on charges of selling a large quantity of marijuana. To avoid a stiff sentence he offered to sell three people 30 pounds of pot, then turned them in. The case was dismissed in 1995 after a court said the suspects were illegally wiretapped and “the credibility and character of Skinner was . . . questionable.” Last month, he was arrested for involuntary manslaughter in connection with a 1999 incident in which a man overdosed on depressants at the silo. Skinner has denied the charge. Skinner also found himself facing potential charges of bank fraud and manufacturing LSD. Last October, he met with DEA agents and in return for immunity admitted he had laundered LSD profits, delivered thousands of doses and secured lab sites. He claimed Pickard was a longtime LSD chemist, had laundered money through Wathne and sent profits to Heffter. He offered to help ensnare Pickard. Skinner and his lawyer could not be reached for comment. In recorded calls, Skinner asked Pickard to help move a piano and some boxes from the silo, Pickard said. In early November, he met Skinner at the silo grounds and discovered that the boxes held an illegal drug lab, Pickard said in court. He said he wanted to call the DEA immediately, but Skinner refused and drove off. On November 6, Pickard loaded the boxes with plans to destroy the lab, he said. But when he tried to enter the silo, DEA agents hidden inside held the door shut, as if it was locked. Then Skinner called on a cell phone, telling Pickard to go to the shed and take some aluminum canisters - allegedly containing the raw material for LSD. When the officers stopped his Buick, Pickard said, he panicked and fled into the fields. The next day, a farmer found him in his barn and phoned police. Again Pickard ran - but the squad car chased him through the mud until he stopped. “You’ve got me,” he said.

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COURT CASE IN HOLLAND AGAINST THE USE OF AYAHUASCA BY THE DUTCH SANTO DAIME CHURCH ARNO ADELAARS Amsterdam – On Monday, 7 May 2001, the second session in the court case against Geraldine Fijneman, head of the Amsterdam branch of the Santo Daime church took place. The court wanted additional information on the combination of ayahuasca and cannabis. Toxicologist professor De Wolff said he had mentioned the combination ayahuasca and cannabis in the first session of the court case on 23 March 2001, but he didn’t mean to emphasize the risks. “From a professional point of view I have to accentuate the unknown effects of this combination. But at the same time I can’t imagine it is a risky combination.” When asked by the defense lawyer Mr. Adele van der Plas, he stressed the need to do scientific research to this combination. Neurophysiologist Eric Fromberg agreed with De Wolff about the lack of risks involved in the combination. He said it wasn’t easy to research the risks. “After years of research you might conclude all swans are white, and still it is possible a black swan might appear.” Fromberg said the medical scientific literature is focused on negative effects, especially when recreational drugs are involved. As a veteran in Dutch drug help institutions Fromberg said in the late sixties and early seventies the combination of marihuana mixed with pure DMT was popular among certain groups of young recreational drug users, and although this combination is much more potent than the ayahuascacannabis combination, not one article was published about possible negative effects, neither in Holland, nor in the US. Dr. J.C. Callaway, from the Kuopio University in Finland was asked by the defense lawyer to write a report on the combination. Dr. Callaway is considered to be an authority in the field of ayahuasca research. He wrote in his report to the court: “There has been some recent concern in combining marijuana with Ayahuasca, however there are no scientific studies or reports to support this concern there are no known contraindications between dronabinol (synthetic THC, sold as Marinol) and MAO inhibitors or SSRI’s. In fact, the anti-emetic effects of marijuana would probably alleviate at least some of the nausea and occasional vomiting often associated with the use of ayahuasca, which suggests a pallitive effect, rather than a putative toxic effect.” He advised the court to ask the members of the Dutch Santo Daime churches about there opinion on the combination: “Rather than speculate on this matter, I think it would be more useful to ask members of the Santo Daime how many years marijuana has been used in their rituals with ayahuasca, and if they have noticed any problems.” The Amsterdam branch and the Hague branch of the Santo

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Daime church both wrote a letter to the court stating that ayahuasca is the holy sacrament of their faith. The use of cannabis, which is called Santa Maria in the Santo Daime doctrine, is experimental. “Since it is according to our opinion not illegal to smoke cannabis in Holland, we started this study. We have experience with the combined use of Santo Daime (ayahuasca) and Santa Maria (cannabis) over a period of 6 years without any negative side effects. On the contrary, the combination teached [sic] us a lot and brought us a lot of positivity. We would like to cooperate in a research on the public health aspects of the combined use of ayahuasca and cannabis.” The churches nonetheless wrote they had stopped using cannabis because ayahuasca is their holy sacrament, and they don’t want to bring the most essential part of their belief in jeopardy. They emphasized that the use of cannabis in their services was a typical Dutch addition to the ceremonies. Defense lawyer Adele van der Plas repeated her line of defense based on Freedom of Religion as it is formulated in Article 9 of the European Court for Human Rights and Article 18 of the International Treaty of Civil and Political Rights of New York. Quoting several expert witnesses, she didn’t see any public health risk in the use of ayahuasca or in the combined use of ayahuasca and cannabis. She started a new line of defense, thanks to a letter the public prosecutor Mr. Velleman had brought in during the first session on 23 March. This letter, written by the Secretary of the United Nations International Control Board in Vienna Herbert Schaepe and directed to the Inspector of Public Health of Holland Dr. Lousberg declares: “No plants (natural materials) containing DMT are at present controlled under the 1971 Convention on Psychotropic Substances. Consequently, preparations (e.g. decoctions) made of these plants, including ayahuasca are not under international control and, therefore, not subject to any of the articles of the 1971 Convention.” This letter inspired the defense lawyer to take another look at the Psychotropic Substance Treaty. She studied the “Commentary on the Convention on Psychotropic Substances, done at Vienna on 21 February 1971” (United Nations, New York 1976 E/CN.7/ 589). In the comments on Article 32 Paragraph 4 it is written: “It may be pointed out that at the time of this writing the continued toleration of the use of hallucinogenic substances which the 1971 Conference had in mind would not require a reservation under Paragraph 4. Schedule 1 does not list any of the natural hallucinogenic materials in question, but only chemical

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION substances which constitute the active principles contained in them. The inclusion in Schedule 1 of the active principle of a substance does not mean that the substance itself is also included therein if it is a substance clearly distinct from the substance constituting its active principle. This view is in accordance with the traditional understanding of that question in the field of international drug control. Neither the crown (fruit, mescal button) of the Peyote cactus nor the roots of the plant Mimosa hostilis nor Psilocybe mushrooms themselves are included in Schedule 1, but only their respective active principles mescaline, DMT and psilocybine (psilocine, psilotsin)” (p.387) Mr. Adele van der Plas said she disagreed with the verdict of the Dutch High Court (Hoge Raad) in a case about Psilocybine mushrooms. In this case in 1997 the High Court decided that even the simple act of drying mushrooms could be considered

a form of preparation. According to Mr. Van der Plas, the notes 1227 (an infusion of the root [of M. hostilis] is used) and 1228 (beverages made from such [psilocybine containing] mushrooms are used) in the last sentence of the above mentioned comment mean that decoctions made from these natural materials are not scheduled. She therefore concluded that the accused is innocent. The public prosecutor Mr. P.C. Velleman said the High Court had studied the international treaties thoroughly. He refused the offer of judge Marcus to adjourn and study the interpretation of the defense lawyer. The court will give a verdict on 21 May, although it is possible the verdict might come earlier.

COURT THROWS OUT SEARCH WARRANT BASED SOLELY ON SMELL OF ALCOHOL SUPREME COURT OF ARKANSAS No. CR00-1399 LISA K. BENNETT, APPELLANT, v. STATE OF ARKANSAS, APPELLEE Opinion Delivered 5-24-01 APPEAL FROM THE CIRCUIT COURT OF WHITE COUNTY, ARKANSAS, NO. CR99-501; HONORABLE ROBERT EDWARDS, CIRCUIT JUDGE REVERSED AND REMANDED This case concerns the Fourth Amendment and specifically whether an officer’s smelling of a legal substance is sufficient in itself to show probable cause for a search warrant or to justify a good-faith exception for a warrant’s issuance. Appellant Lisa Bennett brings this appeal after entering her conditional plea of guilty to a reduced charge of attempt to manufacture a controlled substance. The search at issue ensued on October 28, 1998. At 1:30 a.m., Bradford Police Officer Steve Strayhorn was driving along State Highway 367 in White County when he passed a storage building and smelled a strong chemical odor emitting from the building. Strayhorn contacted State Police Investigator Roger Ahlf and Drug Task Force Investigator Robert Parsons, who both arrived on the scene about 3:00 a.m. Ahlf determined the smell was

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denatured alcohol, a legal substance, which he described as “extremely strong and in an unstable condition.” The officers contacted the building’s owner, Nathan Bennett, who said that his daughter, Lisa Bennett, had items stored in the building, and she would have to consent to any search. Lisa was contacted and showed up at the building, but she refused the officers’ request to search [1]. Investigator Ahlf then went to Searcy to prepare a warrant, while other officers secured the Bennetts’ building. When Ahlf returned to the building at 4:30 a.m., Lisa again refused entrance. Ahlf then swore out an affidavit for a search warrant, and appeared before Searcy Municipal Judge Leroy Froman, who found probable cause for the issuance of a warrant. The officers executed the search warrant at about 7:30 a.m.; the search turned up a number of items that could be used in the manufacturing of methamphetamine. Lisa was subsequently arrested. After being charged, Lisa moved to suppress the evidence seized from the building, arguing that the smell of the legal substance of denatured alcohol, by itself, was insufficient to support Municipal Judge Froman’s finding of probable cause. At a hearing before the circuit court, the court agreed with that part of Lisa’s argument that probable cause had not been shown, but even so, the court held the search was valid under the goodfaith exception established in United States v. Leon, 468 U.S. 897 (1984). There, the Supreme Court held the Fourth Amendment exclusionary rule should not be applied so as to bar the use in the prosecutor’s case in chief of evidence obtained by officers who had acted in reasonable reliance on a search warrant issued by a detached and neutral magistrate, but ultimately found to be invalid. In short, the circuit court applied the Leon rationale in

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION the instant case and ruled that it was reasonable for Investigator Ahlf to have concluded that Judge Froman’s warrant was valid, and that Ahlf was acting in good faith when he conducted the search of the Bennetts’ building. Before addressing the circuit court’s Leon ruling and Lisa Bennett’s contention that the lower court erred in applying that ruling, we take up the State’s argument that the circuit court was wrong to suggest probable cause was not shown; in fact, the State submits that probable cause did exist to support Ahlf’s search warrant. The State’s argument is without merit. Both the State and Lisa Bennett cite the singular case of United States v. Tate, 694 F.2d 1217 (9th Cir. 1982) (Tate I), where a search warrant was obtained on the basis of the smell of a noncontraband or legal substance, ether. The Tate I court held that the smell of a legal or noncontraband substance, standing alone, did not establish probable cause to search a residence. However, the government in Tate I challenged that decision and petitioned the Supreme Court for a writ of certiorari. While the government’s petition was pending, the Supreme Court decided Leon, and, as a consequence, it vacated Tate I and remanded the case to the Ninth Circuit so that court could reconsider Tate in light of the Leon decision. United States v. Tate, 468 U.S. 1206 (1984). On remand, the Ninth Circuit adhered to its earlier decision, holding that no probable cause was established to support the search of Tate’s residence, but it then applied the Supreme Court’s rule in Leon; in doing so, the Ninth Circuit held that all of the evidence seized by the government was admissible under Leon’s good-faith exception. See United States v. Tate, 795 F.2d 1487 (1986) (Tate II). While the State appears to disagree with the circuit court’s ruling here, which, as in the Tate cases, held probable cause could not be established by an officer’s smell of a legal substance itself, it has done little to show that ruling to be erroneous. The State cites only four cases in response, and those cases all concern warrants issued to officers who had smelled unlawful substances. United States v. Ventresca, 380 U.S. 102 (1965) (affidavit for warrant showed probable cause where, among other things, federal officers of Alcohol and Tobacco Division of the Internal Revenue Service investigating an illegal distillery smelled odor of fermenting mash); Johnson v. United States, 333 U.S. 10 (1948) (search warrant justified based on qualified officers who smelled the forbidden substance of burning opium coming from a hotel room); People v. Benjamin, 91 Cal. Rptr. 2d 520 (Cal. App. 1999) (odors may constitute probable cause if the magistrate finds the affiant qualified to know the odor – here, marijuana – and it is one sufficiently distinctive to identify a forbidden substance). The fourth case cited by the State is Lowery v. State, 843 S.W.2d 136 (Tex. Ct. App. 1992) which contained a statement that ether can provide an element of probable cause for a search, but the Texas court’s opinion also mentioned an officer “smelled a meth lab near the residence in question.” The Lowery court also concluded no probable cause was shown because the odors related to drug manufacturing did not emanate from the residence. Id. at 141. Our court applies the totality of the circumstances analysis

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when determining whether the issuing magistrate had a substantial basis for concluding that probable cause existed. Fouse v. State, 337 Ark. 13, 989 S.W.2d 146 (1999) (citing Langford v. State, 332 Ark. 54, 962 S.W.2d 358 (1998)). This court has held probable cause exists where there is a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man to believe that a crime has been committed by the person suspected. Smith v. State, 343 Ark. 552, 39 S.W.3d 739 (2001); Williams v. State, 300 Ark. 84, 776 S.W.2d 359 (1989). In viewing probable cause, our court has stated the following: The determination of probable cause is based upon factual and practical considerations of everyday life upon which ordinary men, not legal technicians, act. A nontechnical approach correctly balances the competing interests of the individual and society, so that law enforcement officers will not be hampered, nor law abiding citizens left to the mercy of over-zealous officers. In making the determination of probable cause, we are liberal rather than strict. Williams, 300 Ark. at 86 (quoting Addison v. State, 298 Ark. 1, 765 S.W.2d 566 (1989)). As already noted, the State has not furnished us with any precedent which has sanctioned the issuance of a search warrant based solely on a trained officer’s smell of a legal substance, when that substance has legitimate uses, but also might be used to make an illegal substance. Here, the State is forced to concede that the denatured alcohol Officer Strayhorn and Investigators Ahlf and Parsons smelled had other legal uses. As pointed out by Lisa Bennett, to uphold the search in the circumstances of this case would open the door to the issuance of search warrants based simply on an officer’s smell of a noncontraband substance. For example, a business and building where denatured alcohol is kept to strip or refinish furniture could be subject to search. Certainly, the circumstance of smelling denatured alcohol, without other factors, would not cause a cautious man to believe a crime has been committed, nor should the mere storage of denatured alcohol subject a law abiding citizen to the mercy of an over-zealous officer. Once again, the only evidence presented here was that officers smelled unstable denatured alcohol, and that the smell lingered during a three-hour period before the officers sought a warrant. Finally, because we agree with the circuit court’s ruling that the smell of denatured alcohol alone was insufficient to support a finding of probable cause, we now must consider and decide whether the lower court was correct to determine that the evidence seized as a result of the search can still be admissible under the good-faith exception established in Leon. The Court in Leon wrote that “[i]f the purpose of the exclusionary rule is to deter unlawful police conduct, then evidence should be suppressed only if it can be said that the law-enforcement officer had knowledge, or may properly be charged with knowledge, that the search was unconstitutional under the Fourth Amendment.” 468 U.S. at 919. In this respect, the evidence may only be

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION excluded if the officer was not acting reasonably and with objective good faith. This court has on several occasions discussed the four errors, noted in Leon, which an officer’s objective good faith cannot cure. These errors occur (1) when the magistrate is misled by information the affiant knew was false; (2) if the magistrate wholly abandons his detached and neutral judicial role; (3) when the affidavit is so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; and (4) when a warrant is so facially deficient that the executing officers cannot reasonably presume it to be valid. Leon, 468 U.S. at 914-15; see also Herrington v. State, 287 Ark. 228, 697 S.W.2d 899 (1985); Collins v. State, 280 Ark. 453, 658 S.W.2d 877 (1983); Ulrich v. State, 19 Ark. App. 62, 716 S.W.2d 777 (1986). In the instant case, we are concerned only with the third of these errors; therefore, we must determine whether the affidavit supporting the search warrant was so lacking in indicia of probable cause that it was unreasonable for the executing officers to rely on it. We conclude that this affidavit was so lacking. In Herrington, supra, this court held that sufficient information must be presented to the magistrate to allow that official to ascertain probable cause; his action cannot be a mere ratification of the bare conclusions of another. Herrington, 287 Ark. at 233 (quoting Illinois v. Gates, 462 U.S. 213 (1983)); see also Collins, supra (“bare, conclusory statements are . . . insufficient”); Nathanson v. United States, 290 U.S. 41 (1933) (“[A]n officer may not properly issue a warrant to search a private dwelling unless he can find probable cause therefor from facts or circumstances presented to him under oath or affirmation. Mere affirmance of belief or suspicion is not enough.”). Here, Investigator Ahlf prepared his affidavit for search warrant based solely on the smell of denatured alcohol. The remaining “facts” asserted in his affidavit are no more than bare, conclusory statements with no support to be drawn from the surrounding circumstances. For example, the warrant noted Investigator Ahlf’s assertion that he “had reason to believe” that Lisa Bennett’s storage shed contained items such as records of drug sales, methamphetamine recipes, scales, plastic bags, syringes, pipes, anhydrous ammonia, sulfuric acid, and other such items. However, the State conceded at oral argument that none of those other items were apparent to Investigator Ahlf at the time he obtained the search warrant. Because probable cause for a search warrant must exist at the time the warrant is issued, Gilbert v. State, 341 Ark. 601, 19 S.W.3d 595 (2000) (emphasis added), we hold that a warrant based on nothing more than the smell of a legal substance presented Ahlf with no reasonable grounds for believing the warrant was properly issued. We point out that, even in Tate II, where the Ninth Circuit accepted a good-faith argument when the warrant was initially based on the smell of ether, there were other circumstances which would have lent support to the investigator’s conclusion that drugs were being manufactured on the premises [2]. Here, however, there was only the smell of a legal substance. There was no additional evidence to support a conclusion that drugs were being or would

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be manufactured. As the Court noted in Leon, “it is clear that in some circumstances the officer will have no reasonable grounds for believing that the warrant was properly issued.” 468 U.S. at 922. This case presents exactly those circumstances, and the trial court’s determination that the good-faith exception applied was clearly against the preponderance of the evidence. Bennett also raised a second point on appeal, namely, that the officer’s refusal to let her or her father enter the storage building until Investigator Ahlf could obtain a search warrant amounted to an unlawful seizure. However, in light of the fact that this case must be reversed, we need not reach this second issue. For the foregoing reasons, Bennett’s motion to suppress should have been granted, and we hereby reverse and remand for entry of an order consistent with this opinion. 1.

2.

At oral arguments, the State attempted to argue that Bennett’s refusal to consent to the search of her property somehow contributed to Investigator Ahlf’s determination that probable cause existed. However, the State conceded that it had no authority to support this contention. For example, the police had conducted extensive surveillance on the property, the defendants involved had been engaged in suspicious activity, and the police had received several anonymous phone calls about the situation.

RESPIRATOR RE-CERTIFICATION TRAINING Tuesday, September 4, 2001 in conjunction with the

11th CLIC Training Seminar Monterey Plaza Hotel and Spa Monterey, CA Space is limited. Contact Pamela Smith or Roger Ely for more information and registration forms. This training conforms to the requirements of 29 CFR 1910.120 Hotel reservations due by August 3, 2001 800-368-2468 (831) 646-1700

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

U.S. SUPREME COURT RULES NO “MEDICAL NECESSITY” FOR DISTRIBUTION OF MARIJUANA (Slip Opinion) OCTOBER TERM, 2000 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus UNITED STATES v. OAKLAND CANNABIS BUYERS’ COOPERATIVE ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 00–151. Argued March 28, 2001—Decided May 14, 2001 Respondent Oakland Cannabis Buyers’ Cooperative was organized to distribute marijuana to qualified patients for medical purposes. The United States sued to enjoin the Cooperative and its executive director, also a respondent (together, the Cooperative), under the Controlled Substances Act. The United States argued that the Cooperative’ s activities violated the Act’s prohibitions on distributing, manufacturing, and possessing with the intent to distribute or manufacture a controlled substance. The District Court enjoined the Cooperative’ s activities, but the Cooperative continued to distribute marijuana. The District Court found the Cooperative in contempt, rejecting its defense that any distributions were medically necessary. The court later rejected the Cooperative’ s motion to modify the injunction to permit medically necessary distributions. The Cooperative appealed, and the Ninth Circuit reversed and remanded the ruling on the motion to modify the injunction. According to the Ninth Circuit, medical necessity is a legally cognizable defense likely applicable in the circumstances, the District Court mistakenly believed it had no discretion to issue an injunction more limited in scope than the Controlled Substances Act, and the District Court should have weighed the public interest and considered factors such as the serious harm in depriving patients of marijuana in deciding whether to modify the injunction.

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HELD: 1. There is no medical necessity exception to the Controlled Substances Act’ s prohibitions on manufacturing and distributing marijuana. Pp. 5–11. (a) Because that Act classifies marijuana as a schedule I controlled substance, it provides only one express exception to the prohibitions on manufacturing and distributing the drug: Government-approved research projects. The Cooperative’ s contention that a common-law medical necessity defense should be written into the Act is rejected. There is an open question whether federal courts ever have authority to recognize a necessity defense not provided by statute. But that question need not be answered to resolve the issue presented here, for the terms of the Controlled Substances Act leave no doubt that the medical necessity defense is unavailable. (b) Under any conception of legal necessity, the defense cannot succeed when the legislature itself has made a determination of values. Here, the Act reflects a determination that marijuana has no medical benefits worthy of an exception (other than Government-approved research). Whereas other drugs can be dispensed and prescribed for medical use, see 21 U.S.C. §829, the same is not true for marijuana, which has “no currently accepted medial use” at all, §811. This conclusion is supported by the structure of the Act, which divides drugs into five schedules, depending in part on whether a drug has a currently accepted medical use, and then imposes restrictions according to the schedule in which it has been placed. The Attorney General is authorized to include a drug in schedule I, the most restrictive schedule, only if the drug has no currently accepted medical use. The Cooperative errs in arguing that, because Congress, instead of the Attorney General, placed marijuana into that schedule, marijuana can be distributed when medically necessary. The statute treats all schedule I drugs alike, and there is no reason why drugs that Congress placed there should be subject to fewer controls than those that the Attorney General placed there. Also rejected is the Cooperative’ s argument that a drug may be found medically necessary for a particular patient or class even when it has not achieved general acceptance as a medical treatment. It is clear from the text of the Act that Congress determined that marijuana has no medical benefits worthy of an exception granted to other drugs. The statute expressly contemplates that many drugs have a useful medical purpose, see §801(1), but it includes no exception at all for any medical use of marijuana. This Court is unwilling to view that omission as an accident and is unable, in any

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION event, to override a legislative determination manifest in the statute. Finally, the canon of constitutional avoidance has no application here, because there is no statutory ambiguity. Pp. 7–11. 2. The discretion that courts of equity traditionally possess in fashioning relief does not serve as a basis for affirming the Ninth Circuit in this case. To be sure, district courts properly acting as courts of equity have discretion unless a statute clearly provides otherwise. Cite as: 532 U. S. ____ (2001) Syllabus But the mere fact that the District Court had discretion does not suggest that the court, when evaluating the motion, could consider any and all factors that might relate to the public interest or the parties’ conveniences, including medical needs. Equity courts cannot ignore Congress’ judgment expressed in legislation. Their choice is whether a particular means of enforcement should be chosen over another permissible means, not whether enforcement is preferable to no enforcement at all. To the extent a district court considers the public interest and

parties’ conveniences, the court is limited to evaluating how those factors are affected by the selection of an injunction over other enforcement mechanisms. Because the Controlled Substances Act covers even those who have what could be termed a medical necessity, it precludes consideration of the evidence that the Ninth Circuit deemed relevant. Pp. 11–15. 190 F. 3d 1109, reversed and remanded. THOMAS, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O’ CONNOR, SCALIA, and KENNEDY, JJ., joined. STEVENS, J., filed an opinion concurring in the judgment, in which SOUTER and GINSBURG, JJ., joined. BREYER, J., took no part in the consideration or decision of the case. (Editor’s Note: The complete text of the U.S. Supreme Court’s decision in this case is available in an Adobe .PDF file format at: http://www.supremecourtus.gov/opinions/00slipopinion.html)

LAB SEIZURES The Virginia Division of Forensic Science in Roanoke has received two separate cases of small methamphetamine labs. The labs were not in operation when they were taken down, and mostly glassware and bottles of Actifed® were found at the scene. Small amounts of methamphetamine, triprolidine and pseudoephedrine were found on the glassware. In one case, a tank of ammonia was also found. Another recent submission to the Western Lab in Roanoke contained among other things, 123 grams of yellow-brown powder and 152 gelatin capsules filled with yellow-brown powder. The powder was identified as 2,4-dinitrophenol, a highly toxic

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substance which was once investigated as a weight reduction medication. Other unusual items in the case were 3.5 grams of white powder identified as Sildenafil, the active ingredient in Vigara® tablets, 6.2 grams of testosterone in powder form,and 600 ml of a viscous liquid which was identified as 1,4-butanediol. As has been seen in the news, we have received numerous cases of oxycodone over the past year. Our biggest to date was a case containing 377 OxyContin® 160’s, 268 OxyContin® 80’s and 155 OxyContin® 40’s. Street value is reported by some to be $1.00 per milligram or in this case $87,960.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

A REVIEW OF REAL-TIME MONITORING INSTRUMENTATION FOR THE DETECTION OF PHOSPHINE GAS MARK CAMERON, CIH SENIOR INDUSTRIAL HYGIENIST California Department of Justice 4949 Broadway, Rm A-104 Sacramento, CA 95820

ABSTRACT

any product by the California Department of Justice (CADOJ).

Several fatalities have occurred among methamphetamine cookers due to the generation of phosphine gas. Therefore, it is essential that law enforcement personnel who respond to methamphetamine labs have proper real-time air monitoring equipment capable of detecting this gas. Several types of real-time air monitoring equipment for phosphine detection are described and evaluated. The equipment and support program used by the California Department of Justice is presented.

INTRODUCTION Phosphine gas may be generated during the reflux process of the hydriodic acid/red phosphorus method for the production of methamphetamine [1]. The gas has killed several meth lab cookers [2] and injured law enforcement personnel [3]. In industry, phosphine killed 26 people between 1900 and 1958 [4]. The National Institute for Occupational Safety and Health has recorded 205 incidents of injury involving phosphine in the fumigation industry [5]. Phosphine has a Permissible Exposure Limit (PEL) of 0.3 ppm, a fifteen minute Short-Term Exposure Limit (STEL) of 1.0 ppm and an Immediately Dangerous to Life and Health limit (IDLH) of 50 ppm [6]. Phosphine has been shown to occur in other situations. It has been found to be emitted from a red phosphorus storage container [7], off-gassing from kitty litter [8] and it has been measured leaking from evidence containers [9]. Since phosphine may be present in a number of locations, and is a serious health hazard, real-time air monitoring instrumentation should be used to determine employee exposure. This paper will review colorimetric tubes, photoionizing detectors and electrochemical sensors available today for phosphine measurement, and discuss concerns relative to the use of this equipment. Real-time for the purposes of this paper will represent devices that will alert the user within three minutes of exposure. Longer-term devices, such as diffusion badges and tubes, are available to warn the wearer of STEL exposures. However, such devices are not adequate to warn individuals who may not be wearing respiratory protection of such exposures in a timely manner. Mention of brand names does not constitute endorsement of

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COLORIMETRIC TUBES Colorimetric tubes operate on the principle of drawing an air sample over a bed of inert material that has been treated with appropriate chemicals to cause a color change that is measured with an accompanying scale. Either a hand pump or bellows is used. The following are some of the various manufacturers that produce phosphine tubes, the tube ranges that are available, and response time based on the manufacturer’s data: Draeger bellows system Tube ranges: 0.01-1.0 ppm, 0.1-4 ppm, 25-10,000 ppm Response Time: 180 seconds in the 0.1 to 1 ppm range Draeger CMS system Chip ranges: 0.1-2.5 ppm, 1-25 ppm Response Time: 30 seconds at 2.5 ppm, 60 seconds at 1 ppm, 400 seconds at 0.1 ppm GasTec Tube ranges: 0.05-9.8 ppm, 0.15-5 ppm Response Time: not provided by the manufacture Sensidyne Tube ranges: 0.06-2 ppm, 0.25-10 ppm, 20-700 ppm Response Time: not provided by the manufacture MSA Tube ranges: 0.05-3 ppm, 0.1-100 ppm, 50-1000 ppm Response Time: one pump stroke takes 20-30 seconds Matheson-Kitagawa Tube ranges: 0.5-2 ppm, 0.5-20 ppm, 20-700 ppm Response Time: one pump stroke takes 120 seconds The major drawback with such systems is that a distinct sample must be taken each time. Sample processing can take from 20 seconds up to seven minutes to collect and analyze. To reassess an exposure, another sample has to be collected. It requires a person to physically break tubes, insert into the pump or bellows and draw the sample. The sample value is only

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION good for that particular location and time. The tubes have to be up-to-date, and the sample collected and read properly. Even when everything is done correctly, the acceptable error for the measurement for the tubes is 25-35 percent [10]. Responders have to have enough tubes available to perform the monitoring. Due to the long collection time, most responder’s probably only take one to several samples at a particular site. The advantages are relatively low cost to procure the pump and tubes.

PHOTOIONIZING DETECTOR (PID) PIDs operate on the principle of an ultraviolet lamp irradiating an air sample that is drawn across the lamp window. If it is possible, the UV light ionizes the chemical, causing an electron to be emitted and measured by the instrument. The instrument will measure any molecule that can be ionized. These instruments have UV lamps that include 9.5 electron Volts (eV), 10.2, 10.6, and 11.7 eV. The lamp must have a higher eV than the molecule being examined to measure it. Phosphine has an ionization potential of 9.96 eV. Therefore, an instrument with a 10.2 eV or greater will measure it. When the PID is typically calibrated using isobutylene gas, the relative response to phosphine is twice the actual amount shown on the display. If the PID is calibrated to phosphine, the reading will be 1:1. Response is measured within five seconds [11]. PIDs usually have sensitivity between 1-10 ppm, which would not be adequate for measuring phosphine down at the PEL. However, RAE Systems Inc., has a PID that can measure down in the part per billion range (ppbRAE). The major drawback when using a PID is that it measures everything that is ionizable. This includes most solvents, as well as HCl and ammonia gas which also may be present. Therefore, unless the environment is well known, the reading will most likely include other chemicals and be higher than what is actually present. The expense of a PID is another drawback. Prices can range from $1,500 for a basic unit, which may not be capable of measuring phosphine at a satisfactory level, to $5,000 for a ppbRAE. Other issues, such as training, maintenance, and calibration preclude a PID from being an effective on-site tool for phosphine monitoring.

ELECTROCHEMICAL SENSORS Electrochemical sensors operate on the principle of the gas of concern diffusing across a membrane, causing a chemical reaction within an electrolyte which produces an electrical potential that is measured by the instrument. Two manufacturers offer such sensors that may operate as a stand-alone unit or may be installed inside a combustible gas meter. The “Toxi-RAE PGM-35” produced by RAE Systems, Inc. and the “T-80” produced by the Industrial Scientific Corporation both measure phosphine on a real-time basis. CADOJ is currently using over 150 of these two instruments.

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The RAE instrument will give a 90 percent response within 60 seconds of contact with phosphine [12]. However, CADOJ experience has shown that the instruments start detecting phosphine within seconds of the initial exposure. The Industrial Scientific instrument will give a 90 percent response within 15 seconds [13]. The level of sensitivity is 0.1 ppm. Both units are about the size and weight of a box of cigarettes, allowing them to be worn in the worker’s breathing zone without much concern. Both units have alarms, which allow hands-free operation. Both units have few interfering compounds that will give false-positives. These instruments cost less than $1,000 each and can be obtained for considerably less when ordered in multiple quantity. Calibration is an important concern. Phosphine calibration gas is necessary and has a shelf-life of six months. Industrial Scientific recommends that their instrument should be calibrated monthly and checked before each use with phosphine gas of a known concentration to verify that the instrument is operating properly [14]. If the instrument has been exposed to a high concentration of phosphine, it will need to be re-calibrated. RAE Systems is more vague on frequency of re-calibration and recommends following the guidelines of the Industrial Safety Equipment Association (ISEA) [15]. ISEA recommends daily calibration until it can be demonstrated that the instrument will hold the calibration; then the calibration period may be extended up to 30 days [16]. The sensor must be replaced annually, and can cost up to $350. The major advantage of this type of instrument is that you are getting true real-time readings quickly and with reasonable confidence that it is measuring phosphine. With these instruments, CADOJ has identified phosphine off-gassing not only from reaction vessels and waste pits, but also from kitty litter, containers of red phosphorus, and leaking Kaypak containers. Employees readily use the instrument because it is easy to operate and lightweight. The major drawback is maintaining calibration according to the manufacturer’s schedule. Currently CADOJ has over 150 of these sensors in the field. To accomplish calibration, this function had to be transferred over to the agents and scientists using them, with support from CADOJ Industrial Hygienists. This has required development of training materials, identification and training of field personnel to perform the calibration, and supplying calibration gas and regulators.

CONCLUSION CADOJ has adopted use of the electrochemical sensors for phosphine gas measurement. This has been done to provide rapid, hands-free detection of phosphine which has resulted in identification of the gas in situations where it has not been detected before. The major drawback of the instrument is providing adequate calibration and routine sensor replacement. The drawback is outweighed by the health and safety protection provided to CADOJ employees.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION REFERENCES 1. 2.

3.

4.

5.

6.

7.

McCrea, B.; “Hazards of D-Methamphetamine Production”, National Drug Intelligence Center, U.S. Department of Justice, 95-C0109-002, 1995, p 1. Willers-Russo, L.; “Three fatalities Involving Phosphine Gas, Produced as a Result of Methamphetamine Manufacturing”, Journal of Forensic Science, Volume 44, Number 3, 1999, pp. 647-652. Gravitt, R., “Unknown Chemical Exposure Injures Latent Print Examiners”, Journal of the Clandestine Laboratory Investigating Chemists Association, Volume 9, Number 4, 1999, pp.3-5. Documentation of the Threshold Limit Values and Biological Exposure Indices, American Conference of Governmental Industrial Hygienists, Sixth Edition, American Conference of Governmental Industrial Hygienists, Cincinnati, Ohio, 1991, pp. 1248. NIOSH Alert: Preventing Phosphine Poisoning and Explosions during Fumigation, Publication No. 99-126, National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention, U.S. Department of Health and Human Services, 1999, pp. 3. NIOSH Pocket Guide to Chemical Hazards, HTML Version, U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control, National Institute for Occupational Health and Safety, January, 1999. pp. 254

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8. 9. 10.

11. 12. 13. 14. 15. 16.

Personal communication with Associate Industrial Hygienist Robert Ford of the California Department of Justice, April, 2001. Personal communication with Special Agent Gloria Pingrey, of the California Department of Justice, December, 2000. Personal communication with Senior Industrial Hygienist Jerry Earley of the California Department of Justice, January, 2001. Direct-Reading Colorimetric Indicator Tubes Manual, Perper, J. and Dawson, B., Editors, Second Edition, American Industrial Hygiene Association, Fairfax, Virginia, 1993, pp. 45. Applications and Technical Notes Guide, RAE Systems, Inc., Sunnyvale, California, 2000, pp. 220. Toxic Gas Monitor PGM-35 Operation and Maintenance Manual, Document No. 007-4401, Revision C, RAE Systems, Inc., Sunnyvale, California, pp. 1-2. Personal communication with Jason Wright from Technical Customer Service of the Industrial Scientific Corporation, April, 2001. T-80 Single Gas Monitor Instruction Manual, P/N 1705-9734, Revision 4, Industrial Scientific Corporation, Oakdale, Pennsylvania, 1999, pp. 10. Letter from Abi Blatchley of RAE Systems, Inc., December 26, 2000. Statement from Industrial Safety Equipment Association on Verification of Calibration for Direct Reading Portable Gas Monitors Used in Confined Spaces.

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VOLUME 11 NUMBER 3 — JULY 2001

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 11 NUMBER 4 — OCTOBER 2001

IN THIS ISSUE ... Local Man Charged With Murder ................................................................. 2 Hells Angels Drug Ring Suggested ............................................................... 2 Fire Suspect Used Alias To Elude Arrest ...................................................... 3 Acid Leak Prompts Evacuation. .................................................................... 4 City Limits Sales Of Ephedrine Which Is Used To Cook Up Meth ............. 4 University Chemistry Store Break-ins and the Internet ................................ 7 CLIC Mailing List Up And Running............................................................. 7 Lab Seizures .................................................................................................. 8 Abstracts Of Presentations From The 11th Annual Technical Training Seminar .................................................................. 11 US 9th Circuit Court of Appeals Checks In On Apprendi; U.S.A. v. Buckland ............................................................................... 16

Association Officers President: John Hugel Health and Welfare – Canada 2301 Midland Ave Scarborough, ON M1P 4R7 CANADA (416) 973-2146 Vice-President: Peter Vallely Centre for Forensic Science PO Box 594 Archerfield Brisbane, QLD 4108 AUSTRALIA 61-73-274-9031 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (316) 792-4353 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Rachel Farnsworth ID State Police Forensic Services PO Box 700 Meridian, ID 83680-0700 (208) 884-7171 Past-President: Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284

2001 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Executive Board Members: Eric Lawrence Indiana State Police Laboratory 8500 E 21st St Indianapolis, IN 46219-2598 (317) 899-8521 Steve Johnson LAPD Crime Laboratory 555 Ramirez St Ste 270 Los Angeles, CA 90012-6302 (213) 847-0041

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LOCAL MAN CHARGED WITH MURDER

HELLS ANGELS DRUG RING SUGGESTED

GLENDA ANDERSON

JUSTIN PRITCHARD

The Daily Journal (Ukiah, CA) August 28, 2001

Associated Press Writer August 30, 2001

A Ukiah area man was arrested and is expected to be charged with arson and murder in connection with the Hopland fire in which two CDF tankers crashed killing their two pilots. According to sources, Frank Brady, a long-time area resident in his 50s and an admitted Hells Angel, is the suspect. Sheriff’s Capt. Kevin Broin would say only that Brady has been detained for questioning. Brady was arrested shortly after the fire began. He was first charged just with suspected arson. But when District Attorney Norm Vroman heard about the crash, which occurred around 6:30 p.m., “I said, upgrade it to murder,” he said Monday night. Vroman said the fire is believed to have started as a result of methamphetamine being manufactured at the house, located on Bus McGall Road, west of McNab Ranch. Mendocino Major Crimes Task Force Commander Bob Nishiyama said he’s yet to confirm the house was being used as a meth lab. “The location was too hot to go into,” he said, but some of the burning materials were consistent with a meth lab, he said. Broin also said he could not confirm that the fire was started as a result of the lab. The house where the fire started did not belong to Brady, he said. A source who wished to be unnamed, said Brady claimed to have started the fire accidentally while trying to heat bath water. CDF Battalion Chief Bob Ceriani said late in the evening that it was his understanding that the man claimed to have started a fire in an open pit and it got out of hand. He said a second man was initially interviewed about the fire and was released although officials would like to have another talk with him.

A man charged with igniting the blaze that led to the deaths of two firefighting pilots was accused Wednesday of operating a methamphetamine lab that a prosecutor said may have been part of a broader drug ring involving the Hells Angels motorcycle gang. Frank Brady, 50, was arraigned Wednesday on two counts of murder, as well as counts of manufacturing drugs and causing the 270-acre Mendocino County brush fire the pilots were fighting when their planes collided Monday evening. Investigators said they found beakers and chemicals used in the manufacture of methamphetamine near the fire pit where they believe the blaze began. Authorities stopped Brady driving away from the area. “He says he was there. He says he started the fire,” Mendocino County District Attorney Norm Vroman said outside the courtroom following the arraignment. Sheriff’s deputies booked Brady for murder after they learned of the deaths. He did not enter a plea Wednesday, and had another court hearing scheduled for Sept. 5. A state forestry investigator arrested Brady Monday afternoon, shortly after the blaze began. A passenger in Brady’s SUV was Richard Mortensen, of San Pablo. Sheriff’s deputies said they let Mortensen go after he gave a false name, but arrested him Monday night at Brady’s home on outstanding warrants for a series of drug and weapons charges. Though they haven’t connected Mortensen to the alleged drug lab at ground zero of Monday’s fire, authorities want to know whether he and Brady were involved in a methamphetamine production and distribution ring, potentially involving the Hells Angels. Brady has told authorities he was a member of the motorcycle gang, which authorities have connected in the past to methamphetamine manufacturing and distribution.

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes ............................. OSP Forensic Laboratory – Portland, OR ................................................ (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab – Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................DEA Special Testing and Research Lab – McLean, VA ......................... (703) 285-2583 O. Carl Anderson ..................... Kansas Bureau of Investigation Lab – Great Bend, KS ........................... (316) 792-4353 Jerry Massetti ........................... CA Criminalistics Institute – Sacramento, CA ........................................ (916) 227-3575 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Vroman said Brady was the vice president of the Mendocino County chapter of the Hells Angels. “If he was a card-carrying, color-bearing member of the Hells Angels, I want to look at his club,” Vroman said. Hudson said sheriff’s investigators also were probing broader connections. “Given the circumstances, we’re going to investigate whether this was part of a larger enterprise,” Hudson said. Both suspects declined interview requests from The Associated Press. Brady ignored reporters’ questions as he walked to the arraignment and sat impassively as Judge Ronald Brown discussed the charges, which include special enhancements owing to the deaths of Groff and Stratte. Richard Petersen, the lawyer who represented Brady in court Wednesday, said Brady feels terrible. “He’s being accused of a terrible thing,” Petersen said. “Everybody that’s human would feel bad about it.” But Petersen said prosecutors went too far in holding Brady responsible for the pilots’ deaths. “It’s a stretch to make it murder,” Petersen said. “A stretch? No,” Vroman responded. “We file the maximum that we think we can prove.”

FIRE SUSPECT USED ALIAS TO ELUDE ARREST GLENDA ANDERSON The Daily Journal (Ukiah, CA) August 30, 2001 Richard Mortensen, suspected of causing the Hopland area fire and plane crash, dodged arrest for several hours Monday by giving a false name to a California Department of Forestry enforcement agent. That’s also how he’s apparently escaped arrest while on the lam the last three years. Mortensen, 44, of San Pablo, is being arraigned this morning on charges of murder, unlawfully starting a fire and attempting to manufacture methamphetamine, in connection with the fire. His co-defendant, Frank Brady, 50, a Hells Angel on federal probation, was arraigned on the same charges Wednesday. According to court documents in support of probable cause to charge the men, Mortensen was driving the black Jeep Cherokee identified as having sped from the scene of the fire. Officers stopped the vehicle on Talmage Road and Highway 101, arrested Brady, but released Mortensen. According to court documents, they let Mortensen go because Brady admitted starting the fire, and the officers - a deputy and a CDF agent - didn’t know Mortensen was wanted on numerous drug-related arrest warrants.

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Nor did they know who he was because his driver’s license bears the name of Tony Weyburn, according to the documents. However, they did seize “Weyburn’s” driver’s license, because it was suspended. The license was then shown to a drug task force officer who identified “Weyburn” as Mortensen, who was wanted in connection with a large methamphetamine lab found several years ago at the Carousel Industrial Park on North State Street. Mendocino Major Crimes Task Force officers, meantime, were finding melted glassware believed to be part of another methamphetamine lab at the location where the fire started, said Task Force Commander Bob Nishiyama, who prepared the probable cause report. Because the materials and area were too hot to handle, they went in search of Mortensen, he said. They located his vehicle at the jail, where Brady’s girlfriend, Carol Roseborough, and a friend, Joe Eddleman, were attempting to bail out Brady, Nishiyama said. They were unable to do so because a judge changed the bail to no bail. Eddleman lives on the property where the fire broke out, according to the report. Eddleman said Brady comes to his house often and had introduced “Tony” (Mortensen) to him a couple of months ago, Nishiyama said. Eddleman reportedly said he allowed Brady to use the trailer on his property but did not know what he did there, he said. Eddleman said he “did drugs” a long time ago, but had quit using methamphetamine about a year ago, Nishiyama said. Eddleman was not arrested, but Nishiyama said he believes Eddleman conspired with Mortensen and Brady by allowing them to use his property. The men told a sheriff’s detective they were on the property the day of the fire to look at a three-wheeled motorcycle, according to court documents. After interviewing Roseborough and Eddleman, officers searched the Jeep, which contained receipts for $35 worth of denatured alcohol, which is commonly used for making methamphetamine, Nishiyama said. They then went to Brady’s house, where Roseborough said she’d left Mortensen. He was found hiding in a closet and subsequently arrested. A search of the home revealed acetone in the freezer, Nishiyama said. The acetone was brown, indicating it may have been used to wash methamphetamine, he said. Mortensen is no stranger to drug charges. He’s wanted on almost $1 million in outstanding - mostly drug-related - warrants, including one in Mendocino County regarding a methamphetamine lab found several years ago at the Carousel Industrial Park on North State Street. Outstanding charges against him in Mendocino County include manufacture of methamphetamine; possession of methamphetamine-making chemicals; and renting or leasing a location for the purpose of manufacturing methamphetamine.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Brady’s criminal history is a little sketchier. He’s on federal probation, but information about the crime involved with that probation was not available. Brady also was arrested in Mendocino County on suspicion of battery with serious injury in 1997 but the charges were dropped.

CITY LIMITS SALES OF EPHEDRINE WHICH IS USED TO COOK UP METH CHRISTOPHER SCHURTZ Sun-News (Las Cruces, NM) August 19, 2001

ACID LEAK PROMPTS EVACUATION CYLINDERS, PERHAPS FROM AN ILLEGAL DRUG LAB, ARE LEFT IN A TRASH RECEPTACLE. NO INJURIES ARE REPORTED. BINH HA HONG The Orange County (CA) Register August 30, 2001 WESTMINSTER – About 100 Westminster residents and employees on Dillow Street were evacuated Wednesday after hydrochloric acid was found leaking from tanks discarded in a trash bin. The noon discovery of the leaking, 5-foot-long cylinders was the third such incident within an eight-block radius in six weeks, prompting officials to speculate that an illegal methamphetamine lab is operating nearby, said Orange County Fire Authority Battalion Chief Don Forsyth. Hydrochloric acid is a byproduct of the methamphetamine manufacturing process. Although no one needed treatment, exposure to the fumes can cause respiratory problems, he said. Employees of 10 businesses on Dillow Street, and 50 residents of the Family Christian Home, a senior housing complex on Bolsa Avenue, were evacuated. The seniors were taken to Westminster Senior Center. Two dozen Red Cross Disaster Relief crew members were on hand to help calm fears, dispense medication and serve dinner. Kim Han, 42, was preparing lunch for her mother, To Thi Ngo, 85, when police officers rushed residents out the door. She barely managed to grab Ngo’s asthma medication and red hat before running outside. “We were so scared, we didn’t know what was going on,” said Han, who fled so quickly she was still wearing her baby blue-colored pajamas. “Someone was yelling in the hallway that the tanks were going to explode.” Han, her mother and a sister who was visiting from Hawaii decided to wait out the evacuation by eating lunch at Song Long Restaurant nearby. At 2:30 p.m., they decided to go the senior center so Ngo could rest. At 6 p.m., residents were told they could return home after they were served dinner.

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The abandoned labs are usually littered with a variety of hazardous materials, all byproducts of the manufacturing process. Plastic jugs, half-filled with chemicals, empty fuel containers, leftover iodine and soiled coffee filters are stacked in haphazard piles. Cooked up in these homemade laboratories from ingredients commonly found at any supermarket or grocery store is crystal methamphetamine — commonly referred to as speed or meth. Most area law enforcement agencies say such labs have not become the scourge in Doña Ana County that they are in some neighboring counties. But they are quick to add there has been a slight increase in the county in the manufacture, trafficking and use of methamphetamine in the last five years, and certainly an increase nationally. From 1973 to 1999, the U.S. Drug Enforcement Administration seized 9,469 clandestine methamphetamine laboratories. The number of meth labs seized rose from 549 in 1990 to 1,627 in 1998 to an all-time high of 2,025 in 1999. The amount of methamphetamine seized domestically by the DEA has also gone up since 1990 from 973.1 kilograms to 2,253.3 kilograms in 1999. Based on stepped-up efforts by several area agencies to halt the manufacture of meth, it is a trend likely to continue. The New Mexico State Police and Metro Narcotics are working with the DEA’s High Intensity Drug Trafficking Area Task Force in a concerted effort to bust up meth labs all over southern New Mexico. The number of agents assigned to drug task forces has tripled in the last year, and state police expect to have two chemists as part of the state-wide clandestine enforcement team.

THE CITY ACTS One of the main ingredients used in the manufacture of methamphetamine is ephedrine, or its hybrid, pseudoephedrine. Ephedrine and pseudoephedrine are the active ingredients in numerous dietary and medicinal products, including, but not limited to, most nasal decongestants, several dietary supplements, stay-awake tablets and some asthma medications. When used in a manner not directed by a doctor, ephedrine can lead to high blood pressure, nerve damage, memory loss, psychosis, heart attacks and even death. Because the FDA lists ephedrine as a primarily dietary supplement, Congress has limited the extent to which the FDA can control the sale or use of ephedrine.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION However cities can act to limit the sale of products containing ephedrine. On Aug. 6, the Las Cruces City Council passed an ordinance that will limit quantities that can be purchased of most ephedrine or pseudoephedrine products. Prior to the passage of the ordinance, nothing except an individual store’s policy prevented a customer from buying unlimited amounts of ephedrine-related products. Individual stores sometimes have policies limiting the amount of ephedrine products that can be purchased. Some stores actually have a mechanism in their cash registers that alerts managers when a customer has reached that limit. Walgreen’s spokesman Michael Polzin said Walgreen’s does not have a corporate policy concerning how much ephedrine it allows in a sale. He said local stores try to follow local ordinances, and cash registers can be programmed to limit the amount of ephedrine product in a sale. “I wouldn’t say it’s a problem at all of our stores. It varies from one part of the country to another,” Polzin said. The city’s new ordinance is modeled closely on Albuquerque’s ordinance and was drafted, according to City Manager Jim Ericson, at Walgreen’s request. The measure is a response to what the city calls the “increase in the sale, theft and possession” of certain over-the-counter products that contain ephedrine or pseudoephedrine. “Reasonable limitations on the quantity of products ... that may be purchased on a single day ... will assist the city in its efforts to combat the insidious criminal methods of illegal methamphetamine manufacturers in the city,” the ordinance states. Of the 60 letters the city sent to area retail stores and pharmacies seeking comment or objections, only three — Raley’s, Sav-Mart and Target — responded, all in support of the ordinance. The ordinance sets a limit of 100 on the total number of pills allowed to be sold or purchased during each transaction. That is generally about three packages. Violation of the ordinance will be a petty misdemeanor, and those found guilty of the crime can face up to a $500 fine and/or up to 90 days in jail.

A ‘SMELLY’ OPERATION As for the manufacturing of crystal methamphetamine, Sgt. Denis Romero of Metro Narcotics said Doña Ana County is far behind other areas in New Mexico in terms of the pervasiveness of meth labs. “Thank God, it’s not as bad as other areas,” Romero said. Of the 19 labs broken up by narcotics investigations in the state last year, two were in Las Cruces — right in the center of town, according to Romero. One was in Doña Ana County, according to statistics from the DEA. A bulk of the labs in southern New Mexico are located in the more sparsely populated Otero and Luna counties. Makeshift home-built labs have grown in number around the country, mostly in the western U.S. Because of the need to keep

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labs undiscovered, most labs are located in low-population rural areas. The manufacturing process is a smelly operation, generating a distinctive, metallic, chemical smell easily detectable for hundreds of yards away. “The chemicals are pretty smelly. They’re usually what people notice. It’s kind of a stale, rotten egg, acetone smell,” Romero said. Much of the spread of clandestine labs came within the last 15 years with the refinement of the Birch method of manufacturing, a method enabling ephedrine to be extracted using anhydrous ammonia and lithium or sodium metal. Trying to stay one step ahead of the law, Romero said, perpetrators are increasingly using motel rooms and mobile labs in an effort to avoid being sniffed out and reported to police by nearby neighbors. “Because of the public awareness, they’re not cooking out on the boonies like they used to,” Romero said, adding new techniques have decreased the smell of cooking. He said in the last several years, there has also been an increase in smaller labs, in part due to the increasing difficulty manufacturers face in getting their hands on enough ephedrine to make more than a relatively small amount of product.

EFFECTS OF USE Caryl Robertson, a chemical therapist at Mesilla Valley Hospital, said of those being treated there for addiction and who have also been “cookers” — manufacturers of methamphetamine – all come from farms and ranches in Otero and Luna counties. “None are from Doña Ana County,” Robertson said. Robertson said that does not mean meth use is any less prevalent in this county, or that use and manufacturing of meth is not increasing. “If there’s an increase, we won’t see it for up to a five-year period of time,” Robertson said. She said it can sometimes take years before a speed user ends up in rehabilitation or in prison. She said some addicts just prefer meth over cocaine and other drugs. Despite its reputation as a cheap high, the use of the drug crosses ethnic and economic levels. “If they are a meth user, it’s not because they don’t have a choice (of other drugs). It’s because they like meth,” Robertson said. She said meth is more of a solitary drug than cocaine, which is often used in groups. She said coke users eventually burn-out after a session, whereas speed users can use it for days. It is these days-long sessions that often lead to heart irregularities and a variety of unpleasant side effects. Methamphetamine is a highly addictive stimulant that can be injected, snorted, smoked, or ingested orally. Methamphetamine users feel a short yet intense “rush” when the drug is initially administered, followed by increased activity, decreased appetite and a sense of well-being that can last six to eight hours.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION It can also cause violent behavior, anxiety, confusion, and insomnia. Users can also exhibit psychotic behavior including auditory hallucinations, mood disturbances, delusions and irrational paranoia. The damage to the brain caused by methamphetamine use is similar to damage caused by Alzheimer’s disease, stroke and epilepsy, according to the DEA. The drug has limited medical uses for the treatment of narcolepsy, attention deficit disorders and obesity.

DESPERATION Though the manufacturing of meth may not happen often in this county, materials may have been purchased here and taken to other areas, Romero said. Often, manufacturers buy or steal as much ephedrine as they can, accumulating it before using it to make meth. Just last month, Romero said, Metro Narcotics arrested a woman and charged her with manufacturing methamphetamine after finding her with 10,000 tablets containing ephedrine. Under state law, the mere possession of large amounts of otherwise legal products containing ephedrine — and particularly if found with Coleman fuel tanks and with such chemicals as iodine — is enough to charge a person with intent to manufacture methamphetamine. Romero said while he supports the spirit of the ordinance, he does not underestimate a criminal’s tenacity to beat the law. “People will go and employ a lot of other people to shoplift or buy the pills for them,” Romero said. Two recent incidents demonstrate the desperate lengths some people go to in obtaining ephedrine. Donnie Ray Peoples, 24, and Roger Sanders, 42, were charged in District Court on a variety of charges including manufacturing methamphetamine after being arrested outside the Walgreen’s on North Main Street late last month. A Walgreen’s clerk said the two had tried to shoplift several boxes of Sudafed the previous day. Police found the two passed out in a car outside the store, and both men were arrested after a search of the vehicle turned up undisclosed products related to making meth. Peoples, in a bizarre turn of events, later escaped from a cell at the Las Cruces Police Department, stole a car and led state police on a 150-mile chase before being arrested in Albuquerque. The chase culminated in several officers being injured. In another incident early this month, a state police officer was killed when two men fled Albuquerque after reportedly stealing numerous boxes of nasal decongestant from a store in Albuquerque. As the fleeing driver, Zacharia Dewitt Craig, 19, swerved to avoid a spike strip placed on the highway, he struck and killed officer Lloyd Aragon, 37. Craig has since been charged in Aragon’s death.

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LABS POSE FIRE, ENVIRONMENTAL THREAT More hazardous than the product they produce, perhaps, are the toxic byproducts and inherent danger in the meth manufacturing process. There are several stages in the process which have the potential to cause explosions, fires or releases of toxic gases. Half of the clandestine labs discovered last year in New Mexico were found when the fire department responded to a structure fire at a residence, only to find the charred remains of a meth lab, said State Police Sgt. Ron Mullins. “Obviously, most manufacturers are not chemists, and they’re not safety conscious whatsoever. Quite often there will be an explosion,” Mullins said. And in just the last two weeks, a lab was found in Otero County after a man manufacturing meth in his home started a fire and the fire department was called. There are particular parts in the process when hydriodic acid and red phosphorous are mixed, creating the potential for a fire. Large amounts of sodium hydroxide are produced as waste, the bulk of waste or byproduct usually generated at a clandestine lab. Other ingredients, including Freon and hydrogen chloride gas, are also used, adding to the flammable dangers in the manufacturing process. Mullins said the labs pose a serious danger to those who come upon an abandoned lab unknowingly, or to police and hazardous material personnel who arrive on the scene for clean up. A DEA study on hazardous substance-release events found that methamphetamine labs caused injury to 79 first responders (police officers, firefighters, EMTs, and hospital personnel) in 14 states participating in the study. The most common injuries were respiratory and eye irritation, headaches, dizziness, nausea and vomiting and shortness of breath. Mullins said the average lab costs at least $20,000 to clean up and almost all are handled by the hazardous materials department. Much of the money to clean up clandestine labs littered with acidic and toxic chemicals comes from the federal government through the DEA. Quite often found as well at lab sites, Mullins said, are children, as many labs are located within a home.

CHEAP AND EASY TO MAKE Though Mullins said the new city ordinance is a good step, it is unlikely to significantly deter what is already a growing industry. “Wal-Mart calls us two to three times a week about people trying to purchase large amounts of ephedrine,” Mullins said. Mullins said it takes $125 in products to make $1,200 worth of crystal methamphetamine, making it a profitable “mom and pop” operation. “You can get the recipes on the Internet. Anybody that wants to can produce methamphetamine,” Mullins said.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Unlike drugs such as cocaine and heroin, which are processed outside of the country, most meth manufacturing occurs within the borders of the United States. But driving the current meth industry are Mexican cartels, according to James Jennings of the federal drug task force. Jennings said that in the last five to six years, Mexican cartels have been financing U.S. manufacturers, many of whom go to Mexico to purchase needed materials which have become more difficult to obtain in this country. Mexican cartels also have a network for trafficking the drug and the money to fund large-scale operations. Jennings said though manufacturing has increased in Doña Ana County in the last four years, the amount of manufacturing in southern New Mexico “pales in comparison to southern California,” where, he said, most meth still originates. He said “super labs,” able to produce up to 10 pounds in one production run, are being found in California, Arizona and Nevada. Historically, the meth trade has been dominated by outlaw motorcycle gangs, Jennings said. But now it is the Mexican drug organizations who have made big profits dealing with meth. “They don’t have to pay somebody to smuggle, and the profit margin is much higher,” Jennings said. Earlier this year, 400 pounds of methamphetamine, likely coming from a super lab, was found in a truck outside of Gallup destined for other parts of the country, Jennings said. Romero said anyone observing possible methamphetamine manufacturing — a metallic smell, unusual activity at a residence, open windows in the winter time.

UNIVERSITY CHEMISTRY STORE BREAK-INS AND THE INTERNET DOMINIC REYNOLDS Chemistry Centre WA Perth, Western Australia After a recent break-in at one of the local University chemical stores I was contacted by the chemistry department’s Safety Officer. It appears that the thieves were well prepared and knew what to look for in regard to chemicals desirable for illicit drug synthesis. Chemicals taken included benzaldehyde (13x500 mL), hypophosphorus acid (7x500 mL), phenylacetic acid (3.2 Kg), acetic anhydride (11x500 mL), benzyl bromide, Raney nickel and mandelic acid. Fortunately, other chemicals were passed over including iodine and red phosphorus and containers of piperonal.

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During this discussion mention was made of the availability of the chemical store inventory on the Internet and how this possibly could have made it more appealing to the thieves. A quick search using the Google engine (http://www.google.com) revealed a number of other Australian universities also displaying their chemical store inventory on their web sites, at least one of these has also been targeted by crooks with chemicals, glassware and other equipment taken. This may suggest that universities are seen as a soft target. After posting to the CLIC mailing list a more in-depth search on the Net revealed that many learning establishments across the world also display their chemical stores freely on their web sites. Those that don’t reveal what chemicals are available on the shelves still manage to give clear instructions on how to find the store and its opening times. Whilst it may be a good idea to have the stock recorded electronically it is debatable as to the merits of posting a list of goodies for the world to see. Perhaps I could suggest that you check out your local learning establishments and encourage (!) the webmaster to set up a modicum of security as to who can access the site, if it really does need to be published in the first place.

CLIC MAILING LIST UP AND RUNNING The CLIC email mailing list is up and operational. The mailing list is a secure means for CLIC members to post comments, seek help, or report findings to other members of the list. At the time of this Journal, there are about 120 people subscribed to the list. In the past 3 months, some of the topics discussed on the list have included: ✔ The frequency of use of the 240 mg time released pseudoephedrine tablets ✔ Do laboratories distinguish between ephedrine and pseudoephedrine, and by what method ✔ Identification of steroids as the base steroid or the ester ✔ Field tests used at clandestine laboratory sites The listserver is available only to members of CLIC. If you are not presently a member of the mailing list and would like to join, please contact Roger Ely at [email protected]

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LAB SEIZURES MDMA LABORATORY FOUND IN RHODE ISLAND In July 2001, Central Falls Police received a report of suspicious glassware and chemicals being stored in a warehouse. Central Falls Police notified DEA and the State Forensic Chemist. A search warrant was then issued for the warehouse, apartment and the suspect’s car. The chemicals and glassware that were seized at the apartment and warehouse consisted of sassafras oil, p-benzoquinone, nitromethane, mercuric chloride, mercuric oxide, aluminum foil, red devil lye, magnesium sulfate, sodium bicarbonate, dichloromethane, dimethylformide, sulfuric acid, toluene, hydrochloric acid, acetone and oxygen tank. The glassware consisted of various sized three neck reaction vessels, separatory funnels, beakers, condensers, a five gallon plastic bucket, pump, vacuum, distillation apparatus, heating mantles, hotplate with magnetic stirrer digital balances and empty capsules. There were hand written notes and recipes on how to make MDMA, homemade booby traps and bombs. The suspect also had a sawed off shotgun in his possession. The Forensic Drug Laboratory performed analyses on the evidence seized from the warehouse and apartment and identified safrole, 3,4- MDP2P (found in three-neck reaction vessel), MDMA (on mirror) cocaine and ketamine residue (found on a balance). It was interesting to note that this clan chemist used a revolutionary process of converting 3,4-MDP2P to MDMA by nitromethane Al/Hg instead of methylamine Al/Hg. By using nitromethane method the yield was high and pure and could be done in a span of one evening. The suspect is a twenty-one year old college student, majoring in chemistry. Gino Rebussini Rhode Island Department of Health Forensic Drug Chemistry

BOOBY TRAP FOUND AT OLD CLAN LAB SITE On 6/3/01 Jim Page and I were dispatched to a residence in the rural area of Jackson County, outside the City of Oak Grove, Missouri on a possible explosive device. About one year ago we had been to the residence to assist the Eastern Jackson County Drug Task Force on a search warrant at this residence where a meth lab was discovered. At that time the officers thought they had found possible explosive devices, but what was found was items that could have been used if the right person had knowledge to build a device. This is a large property with many outside storage areas full of tools, vehicle and motorcycle parts, and electronic parts.

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When we arrived we contacted the new owner of the property who advised us that while they were clearing a fence line with a CAT, they dug up a plastic bag with possible devices. The bag had been broken prior to its discovery and the items were wet and some parts rusted. The devices were not loaded with low explosives, but were made so that someone could load and seal them for immediate use. The devices were made of the following: 1 ea Unimax T42C micro switch 1 ea AA battery 1 ea unknown make flashlight bulb with broken glass and filament exposed 1 ea 6” x ¾ “ cardboard tube Miscellaneous nails, wire and heat glue. A wire was soldered to the common on the micro switch and the side of the flashlight bulb that was placed inside the cardboard tube. A wire was soldered to the positive end of the AA battery and the battery was placed in the cardboard tube so that the negative touched the rear of the flashlight bulb. The wire of the positive side was exposed outside the tube and the battery was heat glued into place. The micro switch was heat glued on top of the cardboard tube so that the wire on the positive end of the battery could be connected to the normally closed or the normally opened The nails were hot glued to the outside of the cardboard tube. By looking into the open end of the tube you could see the light bulb filament exposed so that an explosive powder could be placed into the front end of the tube and sealed. The user could then wire the device to function as pressure or pressure release. George M. Parks and James D. Page

CALIFORNIA BIRCH REDUCTION LABS In the last year our laboratory has seen an increase in the number of Birch reduction labs in our area. This is unusual since the majority of clandestine labs we encounter are pseudoephedrine/ iodine/red phosphorus. Twelve to eighteen months ago we began to notice a large number of controlled substance cases from Imperial County that contained methamphetamine with the 1-(1,4-cyclohexadienyl)-2-methylaminopropane by-product. Imperial County is in the extreme southeastern corner of California, bordered by Mexico and the state of Arizona, and is largely an agricultural area. We informed the narcotics task force in the area about these cases and made them aware of the chemicals and equipment used in this type of lab.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

VOLUME 11 NUMBER 4 — OCTOBER 2001

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION In the last 12 months we have had approximately 10 Birch reduction labs in this area, compared to 3 for the previous year. Investigators have told us that because of the remoteness of the area, all of the labs that they have found have been discovered by accident. For example, one was discovered when two suspects got lost while out looking for a place to steal anhydrous ammonia. They stopped a police officer to ask for directions. His suspicion was aroused by their being out in the fields at 3:00 a.m. and the presence of a container with a pseudoephedrine tablet extraction

liquid/solid in the car. A search of their residence uncovered the lab. Another one was found when the suspects were caught stealing lithium batteries at Wal Mart. Narcotics officers in this area have now been properly trained in the investigation of and safety procedures for clandestine laboratories so we expect more of these types of labs. Lynn Melgoza CA DOJ Riverside Laboratory

12TH ANNUAL CLIC TECHNICAL TRAINING SEMINAR September 4 - 7, 2002 Hilton New Orleans Riverside Hotel OSHA Respirator Recertification on September 3, 2002

Watch the Journal for more information!

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ABSTRACTS OF PRESENTATIONS FROM THE 11TH ANNUAL TECHNICAL TRAINING SEMINAR SEPTEMBER 5-8, 2001 – MONTEREY, CA TRAINING SESSION TOPICS Aspects of the Hypophosphorous Acid - Iodine Method David Ma, Forensic Chemistry, Queensland Health Scientific Services, PO Box 594 Archerfield, Brisbane, QLD, Australia; Peter Vallely*, Forensic Chemistry, Queensland Health Scientific Services, PO Box 594 Archerfield, Brisbane, QLD, Australia; and Anne Coxon, ESR, Hampstead Rd Private Bag 92-021, Auckland, New Zealand In 1995 the technique of utilizing hypophosphorous acid and iodine to reduce pseudoephedrine to methylamphetamine appeared in Queensland. The period since has seen it’s prevalence increase to the point where today it predominates. An overview is presented of the method and some trial preparations are examined in which the proportions of both iodine and hypophosphorous acid are varied to evaluate their effect on the reaction. Qualitative and quantitative data is presented on the organic components and qualitative examination is made by means of ion chromatography to investigate some inorganic aspects of the process. The inclusion of hypophosphorous acid into Schedule 6 of The Queensland Drugs Misuse Act has lead illicit operators to pursue alternative means of acquiring this material. One technique to emerge has been the use of cation exchange resins to convert hypophosphite salts to the acid. Some trial preparations are presented and discussed. A case was submitted to the laboratory, which contained crystalline material that, upon handling, produced phosphene. The circumstances of its production and its tentative identification as phosphonium iodide are discussed. Hypophosphorous Reduction Characteristics Tim McKibben, DEA Special Testing and Research Laboratory, 3650 Concorde Prkwy Ste 200, Chantilly, VA 20151-1129 (Pamela Smith, presenting) Miscellaneous characteristics of this reaction class will be presented, including visual reaction characteristics, hazard potential, and trace impurity profiles. Deuterated reaction products will also be presented.

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Rapid Color/Precipitation Test for Hypophosphorous Acid And Salts Tim McKibben, DEA Special Testing and Research Laboratory, 3650 Concorde Prkwy Ste 200, Chantilly, VA 20151-1129 A rapid, selective test to determine the presence of hypophosphorous acid and its sodium salt in clandestine lab exhibits is presented. The test will not give a false positive with phosphates or phosphoric acid and can differentiate between a hypophosphorous acid sample versus a sample containing the salt form of the acid. Federal Legal Update William L. Shipley, Jr., U.S. Attorney’s Office, Fresno, CA Overview of significant and recent developments in federal prosecutions of controlled substance offenses, with emphasis on developments in the prosecution of offenses involving the manufacture and distribution of synthetic controlled substances and the trafficking of listed chemicals. California Legal Update Dick Margarita, Sacramento County District Attorney’s Office, Sacramento, CA Overview of significant and recent developments in state prosecutions of controlled substance offenses, with emphasis on developments in the prosecution of offenses involving the manufacture and distribution of synthetic controlled substances and the trafficking of listed chemicals. Sampling and Identifying Anhydrous Ammonia David Love, DEA South Central Laboratory, 1880 Regal Row, Dallas, TX 75235-2302 The NAZI method of methamphetamine production continues to rely upon anhydrous ammonia as an essential chemical. Anhydrous ammonia is typically stolen from storage tanks found near agricultural supply stores and farming land. These thefts present a hazard to public health via unsafe containment and transportation of anhydrous ammonia. State and federal legislatures have addressed these issues by passing laws ultimately designed to hinder the illicit use of anhydrous ammonia. Legislative actions have assumed a variety of forms.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Common approaches include, the “theft of” and/or “tampering with” anhydrous ammonia storage tanks, classifying anhydrous ammonia as a “controlled-precursor”, and outlawing the containment of anhydrous ammonia in an “unapproved container”. Though different in composition, these laws share a common goal and for the forensic scientist, create a need for information relating to the safe handling and testing of anhydrous ammonia. In response to these laws, and requests from supported agencies, the DEA South Central Laboratory has been exploring techniques for sampling, and identifying anhydrous ammonia. The CALMS Signature Analysis Project Mark F. Kalchik*, CA DOJ Fresno Laboratory, 6014 N. Cedar, Fresno, CA 93710; and Jerry Massetti, CA Criminalistics Institute, 4949 Broadway Room A-104, Sacramento, CA 95820 The California State Department of Justice (CA DOJ), Bureau of Forensic Services (BFS) is implementing the CALMS Signature Analysis Project, to profile selected methamphetamine samples, received by CA DOJ BFS Laboratories. The Signature Analysis Project is part of the broader CA DOJ program known as the California Methamphetamine Strategy (CALMS), which, in part, resulted from national methamphetamine strategy efforts that were begun in 1996. The geographical distribution and case acceptance criteria of ten CA DOJ BFS Laboratories situate them well, to recognize interesting chemical information, about large quantities of methamphetamine produced clandestinely within California. The CALMS Signature Analysis Project is made up of several components. One part of this effort looks for diagnostic trace impurities useful for characterizing larger methamphetamine samples submitted for analysis. As a first step, a set of known test samples from clandestine methamphetamine laboratory seizures was gathered. This established equivalent reference materials for all participating laboratories to use. A protocol was developed for sample analysis, after reviewing pertinent literature and working with the test set. Using the developed protocol, eighteen large samples from a single clandestine laboratory seizure were analyzed. These divided into several distinct groups. These groups were compared to numerous other samples that have been analyzed. Preliminary results of these comparisons will be presented. Currently test results rely on visual comparisons. This quickly becomes unfeasible, when a large number of chromatograms are compared. Options for automated computer entry and comparison are being explored and developed. Different automated comparison strategies are being considered. After settling on a search strategy, results will be entered into a database for easier searching on a routine basis.

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Drug Yield Calculator Computer Program John Hugel*, Health Canada – Scarborough, ONT; Sgt. Mark Pearson, Kingston RCMP – Kingston, ONT; and Terry Evoy, Kingston RCMP – Kingston, ONT The Drug Yield Calculator is a computer program written to assist police officers and chemists investigating clandestine laboratories. Upon entering the amount of precursor, the program will calculate how much drug could be made with that precursor and how many dosage units could be made from that amount of drug. It will also list how much of other essential chemicals are needed in order to make the calculated amount of drug. Data is based primarily on published information with unpublished data being used where necessary. Two supporting documents, one concerning synthetic references and the other concerning liquid Cannabis resin, are provided with the calculator. The calculator will generate reasonable results from inputs between 1 g (mL) and 10,000 Kg (L). Although the calculator usually generates many more figures, accuracy is limited to two significant figures. The purpose of the program and how the program was created will be outlined. The drugs and synthetic routes covered by the program, namely GHB solid, GHB solution in water, liquid cannabis resin, MDA, MDMA, methamphetamine from P-2-P, methamphetamine from pseudo/ephedrine, and phencyclidine will be listed. Program installation will be described. Using the calculator will be detailed. Help topics and other information will be outlined. The synthetic references document, which discusses how the figures used in the calculator were obtained, will be detailed. Changes in the program from version 1 to version 2.1 will be outlined. Limitations in, and distribution of, the program will be described. Plans for future versions will be discussed. Pseudoephedrine Tablet Diversion and Control John Uncapher, Chief – ODCD, Drug Enforcement Administration, 600 Army-Navy Dr., Arlington, VA 22202-4208 Ephedrine and pseudoephedrine remain the most sought after and desired precursor chemicals used in the production of illicit methamphetamine. The U.S. Drug Enforcement Administration (DEA) has made a significant impact on the availability of these two precursors by taking action and removing some of the most notorious domestic rouge tablet suppliers. However, as one company is stifled from providing tablets, another is ready to take its place. In addition to domestic companies, several DEA offices are targeting Canadian companies supplying millions of diverted pseudoephedrine tablets routinely encountered at major Mexican National “super” labs. To help enforcement identify rogue U.S. and Canadian tablet suppliers, the names and manufacturers of pseudoephedrine and ephedrine in bottles and blister packs along with lot numbers are vitally important.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION This information is also vital to the DEA Warning Letter program, the Letter of No Objection regarding imports of ephedrine and pseudoephedrine as well as other intelligence programs. The collection of this data also plays a key role in the development of legislation to control chemical diversion by eliminating loopholes in the law. Operation Mountain Express John Uncapher, Chief – ODCD, Drug Enforcement Administration, 600 Army-Navy Dr., Arlington, VA 22202-4208 A major DEA investigation, known as Operation Mountain Express, culminated in August 2000. As part of this nationwide operation, federal agents arrested more than 140 individuals in eight cities and took enforcement actions in at least 35 others. The criminals targeted had been trafficking large volumes of pseudoephedrine, a precursor chemical used to manufacture the illegal drug, methamphetamine. As of August 2000, Operation Mountain Express had resulted in the seizure of $8 million, 10 metric tons of pseudoephedrine tablets (capable of producing approximately 18,000 pounds of methamphetamine), 83 pounds of finished methamphetamine, two pseudoephedrine extraction laboratories, one methamphetamine laboratory and 136 pounds of chemical solvents and reagents. The investigation is continuing and it is anticipated that additional pseudoephedrine wholesalers may face criminal, civil, or administrative action. Operation Mountain Express was coordinated by DEA’s Office of Diversion Control and the Special Operations Division (SOD), which is comprised of attorneys from the Department of Justice’s Criminal Division and agents and analysts from DEA, the Federal Bureau of Investigation, U.S. Customs Service, and Internal Revenue Service. Federal agents, with assistance from numerous state and local police agencies, carried out the arrests in Los Angeles, Denver, Fort Lauderdale, Orlando, San Diego, Portland, Houston, and Lodi, California. The individuals arrested face federal charges for their involvement in a loosely structured national network that trafficked in pseudoephedrine. According to court documents, all of the individuals arrested are alleged to have been directly involved in the unlawful diversion of pseudoephedrine to methamphetamine production organizations headquartered in Mexico and operating in California and elsewhere. During the course of Operation Mountain Express, investigators learned that wholesalers in Colorado, Florida, Michigan, Kentucky, Ohio, Texas, Arkansas, Illinois, and New York were shipping multi-ton quantities of pseudoephedrine tablets that ended up in California, where black market pricing produced as much as $3,000 profit per pound. Over the past ten years, pseudoephedrine has become widely used in the production of methamphetamine because of its ready availability in overthe-counter cold and allergy products. Traffickers in California, which has historically been a center of methamphetamine

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manufacturing and trafficking, began purchasing supplies nationwide when law enforcement attention and strong state precursor control laws made it increasingly difficult for them to obtain sufficient quantities of pseudoephedrine from local sources. In addition to the arrests, DEA Special Agents and Diversion Investigators served administrative orders to revoke the registrant status of 20 other major pseudoephedrine distributors, and executed administrative inspection warrants and notices of inspection to examine the records of numerous additional pseudoephedrine distributors. Case Study: United States v. Custom Lab Supply, Inc. William L. Shipley, Jr., U.S. Attorney’s Office, Fresno, CA This case study details the federal criminal prosecution of a retail chemical supply company- in Oakland, CA. Custom Lab Supply was a closely held corporation with slightly more than $2 million in annual gross sales in 1992. After a change in ownership in 1994, Custom’s sales increased to approximately $19 million in 1997. More than 90% of the gross revenue coming from the sale of iodine, red phosphorus, freon, hydrogen chloride gas, sodium hydroxide, and 22 liter round bottom flasks and mantles. 95% of these sales were for cash. Iodine Dennis Usrey*, CA Bureau of Narcotics Enforcement, 9465 Chesapeake Dr., San Diego, CA 92123-1302; and Efren LaPuz*, US Drug Enforcement Administration, 4560 Viewridge Ave., San Diego, CA 92123 This presentation will detail foreign iodine sources. The U.S. distribution and source of iodine will be discussed. The commercial and legitimate uses will be detailed. Federal regulations concerning iodine will also be detailed. Red Phosphorus, White Phosphorus and Hypophosphorous Acid Control Douglas A. Snyder, DEA Drug and Chemical Evaluation Section, 600 Army-Navy Dr., Arlington, VA 22202-4208 The efforts by DEA to control red phosphorus, white phosphorus, and hypophosphorous acid (and its salts) as listed chemicals will be detailed. The background of these chemicals licit and illicit uses will be described and the reasons DEA chose to initiate these controls.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Quantitative Analyses And Method Validation John Chappell*, Keith Chan, Arthur Davidson, and Marsha Lee; DEA Western Laboratory, 390 Main St Ste 700, San Francisco, CA 94105-2018 Historically, DEA laboratories conduct quantitation on forensic evidence for both enforcement and intelligence purposes. Furthermore, federal legislation has required quantitation of certain specific drugs (i.e., methamphetamine and phencyclidine) as a part of federal sentencing guidelines. In an effort to standardize criteria for quantitation, a set of criteria has been imposed for the validation of quantitation methodology employed by DEA laboratories. This presentation will detail the procedures in place for validation by the DEA Western Laboratory. This discussion will focus on the validation criteria with particular attention to the sources of error that limit the level of accuracy in a method. Method development for chromatographic instrumentation will be considered and in particular the basic issues which pertain to quantitation by GC and HPLC. The methods employed to collect the validation data and documentation of the validation data will be illustrated for a specific drug. Tryptamine Monograph Tim McKibben, DEA Special Testing and Research Laboratory, 3650 Concorde Prkwy Ste 200, Chantilly, VA 201511129 (Pamela Smith, presenting)

identification and quantitation methodology. Currently there are ongoing federal proceedings dealing with the legality of hoasca due to its use in religious practices. The latest legal status information will also be presented. Enantiomeric Separation of Methamphetamine And Related Analogs By Capillary Zone Electrophoresis Wing-Chi Cheng*, Wing Man Lee, Man-Fai Chan, Piu Tsui, and Kwok-Leung Dao, Government Laboratory of Hong Kong, Special Administrative Region, Hong Kong A method for simultaneous enantiomeric separations of ephedrine, pseudoephedrine, and methamphetamine (MA) in a single run by simple capillary zone electrophoresis (CZE) with ß-cyclodextrin as a chiral selector is described. The effects of buffer pH, phosphate concentration, ß-cyclodextrin concentration, voltage, and temperature on peak resolution were examined. Good enantiomeric resolution was attained for each analyte under our optimized conditions: 15mM ß-cyclodextrin, 300 mM NaH2PO4 at pH 2.5 with an uncoated capillary (64.5 cm x 50µm), applied potential at 20 kV and temperature at 30°C, detection at a fixed wavelength (200 nm) was employed using a diode array detector. Using phentermine as an internal standard, migration times for all analytes are reproduced within 0.1% intra-day and 0.6% inter-day. Application of this methodology to the analysis of confiscated drugs is presented.

This monograph represents a collection of references and analytical data detailing the newest abused tryptamines and other classical hallucinogens of the tryptamine family. An introduction to indole (tryptamine) chemistry is presented.

Identification Of Reaction Byproducts Of Common Cold Tablet Ingredients Via Hydriodic Acid/Red Phosphorus James L. Jacobs, Fracia S. Martinez*, and Harry F. Skinner; DEA Southwest Laboratory, 410 W 35th St., National City, CA 91950-7910

TECHNICAL PAPERS

Clandestine methamphetamine laboratories are prevalent in the United States. One of the main methods of synthesis is the reduction of ephedrine or pseudoephedrine with hydriodic acid and red phosphorus. Due to increased restrictions on obtaining pure precursor ephedrine or pseudoephedrine, most clandestine laboratory operators are utilizing common cold tablet preparations. These cold tablet preparations contain ephedrine or pseudoephedrine and other ingredients such as cough suppressants, analgesics, expectorants and antihistamines. Common ingredients include: acetaminophen, chlorpheniramine, dextromethorphan, diphenhydramine, doxylamine, guaifenesin, and triprolidine. It has been documented that these compounds may be present in the methamphetamine reaction mixtures and subsequently produce other by-products. The identification of these by-products in clandestine methamphetamine laboratories would assist the analyst in determining which cold tablet preparation was used as the precursor source. The ratio of these by-products relative to methamphetamine is usually very low in the final product.

Case Study: Hoasca in the United States Natalia P. Urtiew, DEA Western Laboratory, 390 Main St Ste 700, San Francisco, CA 94105-2018 Hoasca is a hallucinogenic drink used in some religious practices in South America. This drink, which contains dimethyltryptamine (DMT), has recently become a frequently encountered substance. One of the larger seizures originated in Oregon. It has since been seen across the country. A brief history of the origins and particulars of the case will be outlined. The case involved the seizure of large quantities of hoasca and other hallucinogens such as peyote cacti and psilocybin mushrooms. The analyses of this case presented many challenges both in the quantities present and the physical condition of the evidence. The sampling and screening techniques employed in the analyses of the bulk liquids will be presented along with the

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION In most cases the identification of the by-products can be quite a challenge. This paper will present an extraction technique that can be used to easily identify these by-products.

New Presumptive Color Tests for GHB Pamela R. Smith and Joseph Bozenko*, DEA Special Testing and Research Laboratory, 3650 Concorde Prkwy Ste 200, Chantilly, VA 20151-1129

Barringer GC-IONSCAN: A Field Instrument For Clan Lab Investigations K. Scott*, G. Cook, S. Bull, and P. Barsenbach; New South Wales Police Service Forensic Services Group, 130 George St., Parramatta, NSW, Australia

In the past few years, the United States has seen GHB abuse steadily increase. Presumptive color test reagents currently available to law enforcement personnel (primarily ferric chloride and cobalt nitrate) have failed to provide sensitive and discriminating results. The DEA Special Testing and Research Laboratory has developed three new color tests. By utilizing thin-layer chromatographic visualization reagents that react specific to functionality, these tests have a much-improved sensitivity and discrimination. One test, in particular, works very well with alcoholic beverages. These tests will allow both scientist and uniformed law-enforcement personnel to reliably screen for GHB.

The Barringer GC-IONSCAN® offers the analytical capabilities of Ion Mobility Spectrometry (IMS) and Gas Chromatography (GC) in a portable, robust instrument. The GC-IONSCAN® is perfectly suited for use at clandestine drug laboratory scenes, especially those where a large number of exhibits are present and historical clan lab sites. Exhibits can be culled more effectively at the scene reducing the time and cost of laboratory analysis. Research was conducted on over 170 ‘household’ substances using the GC-IONSCAN® in IMS mode. False positives and their significance will be discussed. Background levels of traces of illicit drugs on the hands of the general public was investigated by analyzing swabs collected from the hands of over 350 people selected at random from the population. The results will be discussed. A comparison of the results of GC-IONSCAN® analysis in IMS mode and GC/MS analysis of the same samples will be presented. Oh, What a Trial! Peter Ballard* and Vince Murtagh; Australian Government Analytical Laboratories (AGAL), PO Box 385, Pymble, NWS, Australia From the 29th January to the 15th June 2001 three accused stood trial at the Sydney District Court over their involvement in the manufacture of methcathinone. Because this is the first time that the manufacture of methcathinone has ever been detected in New South Wales, and possibly within Australia, the defense rejected the identification of the drug, challenging every test and every result obtained by the AGAL analysts. During the intense cross-examination, which lasted several weeks, a number of weaknesses in the laboratory’s methodology and procedures were exposed. With the help of their own expert chemist, the defense dissected every spectrum and every chromatogram, exposing the jury to more chemistry than they would ever wish to know. A total of forty-two days were spent in the witness box by the two AGAL chemists. The knowledge gained and the lessons learnt from this experience, which is relevant to any forensic drug laboratory, will be discussed.

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Preliminary Study On Analysis Of Carbon-14 In Methamphetamine and Precursor Information Tohru Kishi*, Hiroyuki Inoue, Yuko Iwata and Tatsuyuki Kanamori; National Research Institute of Police Science, 6-3-1, Kashiwanoha, Kashiwa, Chiba, Japan Methamphetamine is one of the most popular abused drugs in Japan. Most of the seized methamphetamine in Japan is the d-isomer, which is manufactured by the reduction of l-ephedrine produced from Ephedrae herba. Recently, some seized methamphetamine contained l- or mixture of d- and l-isomer. This fact means that the precursor is not natural l-ephedrine. According to the Japanese clandestine laboratory manual in 1950’s, one of the methods of d-methamphetamine synthesis is as follows; manufacture of methamphetamine from phenyl-2-propanone and methylamine yields the racemic dl-methamphetamine and d-methamphetamine is obtained by chiral separation, using L-(+)-tartaric acid as a chiral reagent. Accelerator Mass Spectrometry(AMS) is a powerful technique to analyze carbon-14 and is applied to dating of various samples. From the point of dating, methamphetamine of plant origin contains carbon-14. On the other hand, no carbon-14 is contained in methamphetamine of petrochemical origin. A few milligrams of d-methamphetamine sample was converted to carbon dioxide and reduced to graphite by hydrogen. This graphite was analyzed by AMS to determine carbon-14 content. As a result, no carbon-14 was detected in the sample and we assumed that the precursor of the methamphetamine was not l-ephedrine from ephedrae herba in this case.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION POSTER PRESENTATIONS New Trends in MDMA Synthesis in Western Canada Richard R. Laing, Drug Analysis Service, Health Canada, Vancouver, British Columbia, Canada In the 1990’s MDMA has become one of the most favourite and abused drugs with the young adult crowd. With the increased popularity of all-night dance parties, ‘Raves”, it is understandable that an increase in the number of clandestine labs seized manufacturing the MDMA family of drugs would also increase. Traditionally, the essential precursor, 3,4-methylenedioxyphenyl-2-propanone (MDP-2-P), has been always manufactured from either piperonal or isosafrole. Recently, however, Internet websites have promoted new and more efficient methods of manufacturing MDP-2-P including variants of the Wacker oxidation reaction on safrole. Safrole is obtained by the diversion of sassafras oil (Sassafras albidum) from the legitimate aroma therapy or fragrance companies. Other newly encountered techniques include the synthesis of methylamine or the use of methylating reagents. We have even encountered the attempted synthesis of safrole from catechol (1,2-dihydroxybenzene). These examples of MDMA-type clandestine laboratories seized in western Canada portray a mosaic of emerging trends in the chemistry employed by a new type of underground chemist.

Synthesis And Identification Of 2CT7 And Its Intermediates Tim McKibben, DEA Special Testing and Research Laboratory, 3650 Concorde Prkwy Ste 200, Chantilly, VA 201511129 2CT7 is gaining popularity as the hallucinogen of choice among many users in the United States. 2CT7 has also recently been liked to multiple drug overdoses throughout the U.S. A description of the synthetic route characteristics along with analytical data for each intermediate and final product will be presented. Two Recent Cases Of 5-MeO-DIPT In The Western U.S. Shannon DiPari, DEA Southwest Laboratory, 410 W 35th St., National City, CA 91950-7910 The DEA Southwest Laboratory and the Naval Criminal Investigative Services (NCIS) Laboratory in San Diego, CA, have both recently received a sample of the substance 5-methoxyN,N-diisopropyltryptamine HCl. Both samples originated from the Western United States.

US 9TH CIRCUIT COURT OF APPEALS CHECKS IN ON APPRENDI U.S.A. V. BUCKLAND FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 99-30285 D.C. No. CR 94-5073 JET UNITED STATES OF AMERICA, Plaintiff-Appellee, v. CALVIN WAYNE BUCKLAND, Defendant-Appellant. Appeal from the United States District Court for the Western District of Washington Jack E. Tanner, District Judge, Presiding Argued and Submitted August 8, 2000 – Seattle, Washington Submission vacated August 9, 2000 Resubmitted December 4, 2000

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Filed August 9, 2001 Before: Betty B. Fletcher and A. Wallace Tashima, Circuit Judges, and Adrian G. Duplantier, District Judge.* Opinion by Judge Tashima; Dissent by Judge Duplantier *The Honorable Adrian G. Duplantier, Senior United States District Judge for the Eastern District of Louisiana, sitting by designation. COUNSEL Zenon Olbertz, Tacoma, Washington, for the defendantappellant. Arlen Storm, Assistant United States Attorney, Seattle, Washington, for the plaintiff-appellee.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION OPINION TASHIMA, Circuit Judge: Calvin Wayne Buckland appeals the sentence imposed by the district court following his conviction for conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine, in violation of 21 U.S.C.§§ 841 and 846. After briefing was completed in this appeal, the Supreme Court held that any fact, other than a prior conviction, that increases the prescribed statutory maximum penalty to which a defendant is exposed must be submitted to a jury and proven beyond a reasonable doubt. Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). We subsequently vacated submission and ordered supplemental briefs on the impact of Apprendi on this appeal. Buckland then argued that Apprendi rendered 21 U.S.C. § 841(b) facially unconstitutional. We have jurisdiction pursuant to 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291, and we hold that 21 U.S.C.§§ 841(b)(1)(A) & (B) are facially unconstitutional under Apprendi [1]. We therefore vacate Buckland’s sentence and remand for resentencing under 21 U.S.C. § 841(b)(1)(C).

BACKGROUND In 1994, Buckland was indicted on one count of conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(b)(1)(A) & 846, three counts of possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) & (b)(1)(B), and three counts of use of a firearm during a drug trafficking crime, in violation of 18 U.S.C. § 924(c). Count One of the indictment alleged that the conspiracy involved “one thousand (1000) grams or more of a mixture or substance containing a detectable amount of methamphetamine,” but, as was customary, the jury was not instructed that it needed to find that any particular amount of methamphetamine was involved in order to convict on the conspiracy or the possession counts. Buckland was convicted on all seven counts. The district court determined the amount of drugs under the preponderance of the evidence standard and sentenced Buckland to 824 months’ imprisonment. On appeal, we affirmed his conspiracy and drug convictions, vacated the firearm convictions under Bailey v. United States, 516 U.S. 137 (1995), and remanded for resentencing. United States v. Buckland, No. 95-30147, 1996 WL 632958 (9th Cir. Oct. 28, 1996) (unpublished decision). On remand, Buckland attempted to raise a number of issues, including whether the district court relied on an inaccurate estimate of the amount of drugs in establishing his base offense level. The district court, however, limited the hearing to a firearm enhancement issue and sentenced Buckland to 360 months’ imprisonment. Buckland again appealed, and we held that the remand in the first appeal was a general remand that permitted the district court to consider all of Buckland’s sentencing objections. We therefore vacated his sentence and remanded for resentencing. United States v. Buckland, Nos. 97-30204, 97-35687, 1998 WL 514852 (9th Cir. Aug. 14, 1998) (unpublished decision). On the second remand, the district court sentenced Buckland to a term

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of 324 months. On this appeal, Buckland contends that the district court’s findings on the type and quantity of methamphetamine were erroneous, that the court erred in failing to decrease his sentence for acceptance of responsibility, and that his trial counsel rendered ineffective assistance. In his supplemental briefs, as indicated, Buckland contends that his sentence was imposed in violation of Apprendi, and that 21 U.S.C. § 841(b) is facially unconstitutional under Apprendi [2]. We agree.

STANDARD OF REVIEW Because Apprendi was decided after Buckland’s resentencing, Buckland did not object to the district court’s use of the preponderance of the evidence standard in determining the amount of methamphetamine. Our review therefore is for plain error. Fed. R. Crim. P. 52(b). Under the plain error standard, Buckland must establish that there was error, that the error was plain, and that it affected his substantial rights. United States v. Olano, 507 U.S. 725, 732 (1993). If these conditions are met, we may exercise our discretion to correct the error only if the error “ ‘seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.’ ” Id. (quoting United States v. Young, 470 U.S. 1, 15 (1985)) (alteration in the original).

ANALYSIS I. The issue in Apprendi was whether the Due Process Clause of the Fourteenth Amendment requires that a fact authorizing an increase in the maximum prison sentence for an offense must be found by a jury beyond a reasonable doubt. Apprendi, 530 U.S. at 469. In a decision foreshadowing Apprendi, the Supreme Court had acknowledged the possible constitutional problems of a statute that would allow an increased penalty based on a fact found by a judge by a preponderance of the evidence. Jones v. United States, 526 U.S. 227, 242-52 (1999). The Court had avoided the constitutional question, however, by construing the statute at issue, 18 U.S.C. § 2119, the federal carjacking statute, as establishing separate offenses with separate penalties, rather than one offense with sentencing enhancements based on a judicial finding by a preponderance of the evidence. Id. at 235, 252. In Apprendi, however, the constitutional question was “starkly presented.” Apprendi, 530 U.S. at 476. Charles Apprendi was convicted of possession of a firearm for an unlawful purpose, a second-degree offense under New Jersey state law that carried a penalty range of five to 10 years [3]. At his sentencing, the judge sentenced him to 12 years, applying a New Jersey hate crime statute that provided for an “extended term of imprisonment” if the court found, by a preponderance of the evidence, that “[t]he defendant in committing the crime acted with a purpose to intimidate an individual or group of individuals because of race, color, gender, handicap, religion, sexual orientation or ethnicity.” N.J. Stat. Ann. § 2C:44-3(e) (West 2001). The state appeals court and the New Jersey Supreme Court

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION affirmed Apprendi’s sentence, finding that the hate crime enhancement was a traditional sentencing factor, and, as such, was not an element of the offense that needed to be found by a jury beyond a reasonable doubt. Apprendi, 530 U.S. at 471-73. The United States Supreme Court reversed, holding that the increase in the statutory maximum penalty violated Apprendi’s constitutional rights to due process and a jury trial because it “‘remove[d] from the jury the assessment of facts that increase the prescribed range of penalties to which a criminal defendant is exposed.’” Id. at 490 (quoting Jones, 526 U.S. at 252 (Stevens, J., concurring)). The Court noted the long history of judges exercising discretion by taking various factors into consideration when imposing a sentence within statutory limits. Id. at 481. The New Jersey statute, however, unconstitutionally permitted the judge to impose a sentence above the statutory maximum, based on a factual finding made by the judge under the preponderance of the evidence standard. Id. at 491. The Court thus “confirm[ed] the opinion . . . expressed in Jones,” that, “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.” [4] Id. at 490. We applied Apprendi in United States v. Nordby, 225 F.3d 1053 (9th Cir. 2000), and held that “the amount of drugs for which a defendant is sentenced under 21 U.S.C. § 841(b)(1) is such a fact.” Id. at 1056. Nordby’s sentence therefore violated Apprendi because the drug quantity finding was made by the judge under the less demanding standard, and it increased the penalty beyond the statutory maximum allowable under the facts as found by the jury. Id. at 1061-62. We concluded in Nordby that we could give no “construction to the statute before us that would avoid the constitutional issue raised by Apprendi,” because Congress “clearly intended that drug quantity be a sentencing factor, not an element of the crime under § 841; the statute is not susceptible to a contrary interpretation.” Id. at 1058. II. 21 U.S.C. § 841 is part of a “significant history” of determinatesentencing schemes permitting discretionary sentencing by judges, within limits set by legislatures, based upon sentencing factors deemed relevant by the legislature. Apprendi, 530 U.S. at 544 (O’Connor, J., dissenting). Similar to other such schemes, see, e.g., 21 U.S.C.§ 960, § 841, describes “unlawful acts,” traditionally viewed as the elements of the offense, in subsection (a), and “penalties,” traditionally viewed as sentencing factors, in subsection (b). The penalties are based on the type and quantity of drugs, although subsection (b)(1)(C) imposes a 20-year maximum sentence for an undetermined amount of schedule I or II drugs [5]. Justice O’Connor’s dissent in Apprendi recognized that the majority’s “reasoning strongly suggests” that federal determinate-sentencing schemes, such as that found in § 841, are not constitutional. Apprendi, 530 U.S. at 550-51 (O’Connor, J., dissenting); see also id. at 544 (stating that, “in light of the adoption of determinate-sentencing schemes by many States and the Federal Government, the consequences of the [majority’s]

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rules in terms of sentencing schemes invalidated by today’s decision will likely be severe”). Justice Breyer also expressed concern that “the majority’s rule creates serious uncertainty about the constitutionality of such statutes and about the constitutionality of the confinement of those punished under them.” Id. at 565 (Breyer, J., dissenting). After examining § 841(b) with the usual tools of statutory construction, such as the statute’s structure and legislative history, as well as under the rule announced in Apprendi, we agree with Justices O’Connor and Breyer that the majority rule in Apprendi renders the determinate-sentencing scheme in § 841(b) unconstitutional [6]. We note first that, as the government acknowledges, the sentence imposed by the district court constitutes error because it is longer than 20 years, the statutory maximum penalty under § 841(b)(1)(C) for a conviction with no jury determination of the quantity of drugs. We also note that, as was customary prior to Apprendi, the jury instructions given by the district court did not require the jury to find the amount of methamphetamine [7]. Similarly, the jury verdict form merely stated, “guilty as charged” on each count and did not contain any finding of the amount of methamphetamine. For these reasons, Buckland’s sentence violates Apprendi . III. Apprendi teaches us that “ ‘[i]t is unconstitutional for a legislature to remove from the jury the assessment of facts that increase the prescribed range of penalties to which a criminal defendant is exposed.’ ” 530 U.S. at 490 (quoting Jones v. United States, 526 U.S. 227, 252 (1999) (Stevens, J., concurring)). Nordby held that § 841 was not susceptible to an interpretation other than that Congress intended drug quantity to be a sentencing factor, not an element of the offense under § 841. 225 F.3d at 1058. Applying Apprendi to the statute as interpreted by Nordby, we cannot avoid the conclusion that Apprendi renders §§ 841(b)(1)(A) and (B) unconstitutional because they permit the judge to find a fact, the quantity of drugs, under the preponderance of the evidence standard, that increases the maximum penalty to which a defendant is exposed. We begin by examining the structure of § 841 [8]. Subsection 841(a), entitled “Unlawful acts,” sets forth the elements of the offense, providing that “it shall be unlawful for any person knowingly or intentionally—(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.” Subsection 841(b) is entitled “Penalties,” and it provides that “any person who violates subsection (a) of this section shall be sentenced as follows.” It then provides for penalties based upon factors traditionally determined by the sentencing judge by a preponderance of the evidence— the amounts and types of drugs, along with increased penalties if death or serious bodily injury results, or if the defendant has a prior conviction for a felony drug offense. Under this structure,

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION only subsection (a) can be violated. Subsection (b) only provides the penalties for a violation of subsection (a). The penalties in §§ 841(b)(1)(A) and (b)(1)(B) depend on the quantity of each drug involved; however, as stated above, § 841(b)(1)(C) provides a 20-year maximum sentence for an indeterminate amount of schedule I or II drugs (provided that the death or serious bodily injury enhancement and the prior conviction do not apply). Subsection 841(b)(1)(D) provides a five-year maximum for, inter alia, schedule III controlled substances [9]. On its face, therefore, § 841 differentiates between the elements of the offense and the prescribed penalties. We recognize that the statute at issue in Apprendi explicitly permitted the imposition of the hate crime enhancement based upon a finding by the court by a preponderance of the evidence, whereas § 841 does not explicitly state that the court may find the drug quantity by a preponderance of the evidence. See N.J. Stat. Ann. § 2C:44-3(e). This is an insufficient basis, however, on which to distinguish § 841. The fact that the New Jersey Legislature made its intent explicit, and that Congress did not, does not give us “the prerogative to ignore the legislative will in order to avoid constitutional adjudication.” Commodity Futures Trading Comm’n v. Schor, 478 U.S. 833, 841 (1986) (“CFTC”). Nordby has already held that Congress clearly intended to allow a judge to determine drug quantity under § 841 under a preponderance of the evidence standard [10]. 225 F.3d at 1058. Moreover, the language of the statute, providing that “any person who violates subsection (a) of this section shall be sentenced as follows,” indicates Congress’ intent that the penalties be determined by the judge at sentencing. The structure and legislative history of § 841 further indicate Congress’ intent that the quantity of drugs be a sentencing factor, not an element of the offense. The statute is now and always has been structured by defining the offense in subsection (a) and the penalties in subsection (b). See, e.g., Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. No. 91-513, § 401, 84 Stat. 1260 (codified, as amended, at 21 U.S.C. § 841). The legislative history of the statute clearly differentiates between violations and criminal penalties. See, e.g., H.R. Rep. No. 91-1444 (1970), reprinted in 1970 U.S.C.C.A.N. 4566, 4570, 4575. Particularly telling is that, in describing the penalties section, the legislative history notes that, “[t]he foregoing sentencing procedures give maximum flexibility to judges, permitting them to tailor the period of imprisonment, as well as the fine, to the circumstances involved in the individual case.” Id. at 4576 (emphasis added). In 1970, the penalties depended on the type of drugs, rather than the amount of drugs. Pub. L. No. 91-513, § 401; see also H.R. Rep. No. 91-1444 (1970), reprinted in 1970 U.S.C.C.A.N. 4566, 4576 (stating that the penalties vary, “depending upon the danger of the drugs involved”). In 1983, however, Congress recognized that, “[w]hile it is appropriate that the relative dangerousness of a particular drug should have a bearing on the penalty for its importation or distribution, another important factor is the amount of the drug involved.” S. Rep. No. 98-225, at 255 (1984), reprinted in 1984 U.S.C.C.A.N. 3182, 3437.

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Congress therefore amended § 841 to provide greater penalties for offenses involving larger amounts of drugs. Id. at 258, reprinted in 1984 U.S.C.C.A.N. 3182, 3440. The drug quantity determination, therefore, was placed in the penalties section, which Congress had already described as containing sentencing procedures for the judge [11]. Cf. H.R. Rep. No. 101-681(I), at 110 (1990), reprinted in 1990 U.S.C.C.A.N. 6472, 6514-15 (noting the need for judges to have “flexibility when fashioning a sentence” under § 841(b)). The structure of the statute itself and the legislative history clearly evince congressional intent that drug quantity be a sentencing factor, not an element of the offense. In Apprendi, however, the Court described the distinction between elements and sentencing factors as “constitutionally novel and elusive.” 530 U.S. at 494. We therefore examine § 841(b) in light of what the Court described as “the relevant inquiry,” that is, the effect, rather than the form, of the factor — “does the required finding expose the defendant to a greater punishment than that authorized by the jury’s guilty verdict?” Id. The answer is yes. Subsections 841(b)(1)(A) and (B) permit the judge to find a fact, the quantity of drugs, that increases the maximum sentence beyond the 20-year maximum in § 841(b)(1)(C) that may be imposed for an unspecified amount of drugs. They therefore “remove[ ] the jury from the determination of a fact that, if found, exposes the criminal defendant to a penalty exceeding the maximum he would receive if punished according to the facts reflected in the jury verdict alone.” Id. at 482-83. The district court’s finding that Buckland was responsible for eight kilograms of methamphetamine increased his potential maximum sentence from 20 years, based on the jury finding of an unspecified amount of methamphetamine, to life imprisonment. This differential is “unquestionably of constitutional significance.” Id. at 495 (describing the differential between a potential maximum sentence of 10 years and 20 years). Under the “relevant inquiry” set forth in Apprendi, therefore, we are unable to avoid the conclusion that § 841(b) is unconstitutional. We further note that the Court distinguished AlmendarezTorres on the basis that recidivism, the sentencing factor at issue in Almendarez-Torres, did not relate to the commission of the offense itself, whereas the “biased purpose inquiry goes precisely to what happened in the ‘commission of the offense.’ ” Id. at 496 (quoting Almendarez-Torres, 523 U.S. at 244). Similarly here, the amount of drugs cannot be said to be unrelated to the commission of the offense. Rather, a large amount of drugs makes the offense more dangerous; this is precisely why Congress amended the statute to allow increased penalties depending on the amount of drugs involved. S. Rep. No. 98-225, at 255 (1984), reprinted in 1984 U.S.C.C.A.N. 3182, 3437. The amount of drugs therefore “goes precisely to what happened in the commission of the offense.” 530 U.S. at 496 (internal quotations omitted). We recognize the maxim that “constitutionally doubtful constructions should be avoided where ‘fairly possible.’ ” Miller v. French, 530 U.S. 327, 336 (2000) (quoting Communications Workers v. Beck, 487 U.S. 735, 762 (1988)). “It is equally true,

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION however, that this canon of construction does not give a court the prerogative to ignore the legislative will in order to avoid constitutional adjudication; ‘[a]lthough this Court will often strain to construe legislation so as to save it against constitutional attack, it must not and will not carry this to the point of perverting the purpose of a statute . . .’ or judicially rewriting it.” CFTC, 478 U.S. at 841 (quoting Aptheker v. Secretary of State, 378 U.S. 500, 515 (1964)); see also Miller, 530 U.S. at 336 (noting the principle that, “where Congress has made its intent clear, ‘we must give effect to that intent’ ” (quoting Sinclair Refining Co. v. Atkinson, 370 U.S. 195, 215 (1962)). We cannot, therefore, follow the lead of the Seventh Circuit, which has overruled its precedent holding that drug quantities under § 841(b) are “always a sentencing factor.” United States v. Nance, 236 F.3d 820, 825 (7th Cir. 2000), petition for cert. filed (U.S. Apr. 24, 2001) (No. 00- 9633); see also United States v. Westmoreland , 240 F.3d 618, 632 (7th Cir. 2001) (discussing Nance). For the same reason, we cannot agree with the Seventh Circuit’s holding in United States v. Brough, 243 F.3d 1078 (7th Cir. 2001), that Apprendi does not render § 841 unconstitutional [12]. In Brough, the court reasoned that the statute does not explicitly state that the type and quantity of drugs are to be determined by the judge by a preponderance of the evidence. Id. at 1079. The court further reasoned that [i]nstead the law attaches effects to facts, leaving it to the judiciary to sort out who determines the facts, under what burden. It makes no constitutional difference whether a single subsection covers both elements and penalties, whether these are divided across multiple subsections (as § 841 does), or even whether they are scattered across multiple statutes (see 18 U.S.C. §§ 924(a), 1963). Apprendi holds that the due process clauses of the fifth and fourteenth amendments make the jury the right decision maker (unless the defendant elects a bench trial), and the reasonable-doubt standard the proper burden, when a fact raises the maximum lawful punishment. How statutes are drafted, or implemented, to fulfil that requirement is a subject to which the Constitution does not speak. Id. We disagree with the Seventh Circuit for several reasons. First, although we should construe a statute to avoid “serious constitutional problems,” we cannot do so if “such construction is plainly contrary to the intent of Congress.” Edward J. DeBartolo Corp. v. Fla. Gulf Coast Bldg. & Constr. Trades Council, 485 U.S. 568, 575 (1988). For the reasons already discussed, construing § 841(b) as containing elements of the offense rather than sentencing factors is “plainly contrary to the intent of Congress.” Cf. United States v. Kelly, 105 F. Supp. 2d 1107, 1115 (S.D. Cal. 2000) (reasoning that “congressional idleness in the face of voluminous precedent” that § 841(b) contains sentencing factors, not elements, indicates Congress’ agreement). Furthermore, we are bound by Nordby, which has already held that § 841(b) is not susceptible to the interpretation that it contains elements of the offense. See 225 F.3d at 1058. Second, the analysis in Brough does not acknowledge the role of congressional intent in evaluating the constitutionality of a statute. Whether Congress intended drug quantity to be a

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sentencing factor rather than an element of the offense is integral to the question. Cf., e.g., Jones, 526 U.S. at 232 (in construing 18 U.S.C. § 2119, the Court reasoned that “[m]uch turns on the determination that a fact is an element of an offense rather than a sentencing consideration, given that elements must be charged in the indictment, submitted to a jury, and proven by the Government beyond a reasonable doubt”). Indeed, in two cases decided shortly before Apprendi, the Supreme Court’s statutory analysis focused on determining legislative intent. See, e.g., Castillo v. United States, 530 U.S. 120, 123 (2000) (identifying the question presented as “whether Congress intended the statutory references to particular firearm types in [18 U.S.C.] § 924(c)(1) to define a separate crime or simply to authorize an enhanced penalty”); Jones, 526 U.S. at 232-40 (examining statute’s structure and history, as well as similar statutes passed by Congress, in order to determine congressional intent on whether factor was element of offense or sentencing consideration); see also Almendarez-Torres, 523 U.S. at 228 (stating that the question of which factors are elements of an offense and which are sentencing factors is “normally a matter for Congress,” and, accordingly, looking to the statute and to congressional intent to analyze the statute). Apprendi seems to eschew the distinction between sentencing factors and elements in favor of its “relevant inquiry” of the effect of the factor; the Court, however, did not go as far as to abolish the distinction. See Apprendi, 530 U.S. at 494. Moreover, even if the sentencing factor versus element distinction is not dispositive, § 841 violates the constitutional requirement set forth in Apprendi that a fact, other than a prior conviction, that increases the penalty for a crime beyond the statutory maximum must be submitted to the jury and proven beyond a reasonable doubt. Id. at 490. Nor do we think there is a middle road, by which drug quantity is sometimes an element of the offense that must be proven to the jury beyond a reasonable doubt, and sometimes a sentencing factor that the judge can decide by a preponderance of the evidence. Cf. Horton v. United States, 244 F.3d 546, 552 (7th Cir. 2001) (concluding that, although drug type is not an element of the offense, it “is sometimes a factor that must be determined by a jury – when such a determination will increase the maximum penalty authorized by statute,” citing Apprendi). Regardless of whether the Supreme Court intended to abolish the distinction between offense elements and sentencing factors, the fact remains that quantity must either be submitted to the jury and proven beyond a reasonable doubt, or it is a factor that can be decided by the sentencing judge. This approach, of requiring it to be proven to the jury only if the resulting sentence will be beyond the statutory maximum, but allowing it to be decided by the judge if it is not, is unworkable. As a practical matter, the prosecutor will always have to submit drug quantity to the jury. This raises the problem articulated by Justice Breyer in Apprendi, where he stated that, “to require jury consideration of all such [sentencing] factors—say, during trial where the issue is guilt or innocence—could easily place the defendant in the awkward (and conceivably unfair) position of having to deny he committed the crime yet offer proof about how

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION he committed it, e.g., ‘I did not sell drugs, but I sold no more than 500 grams.’ ” Apprendi, 530 U.S. at 557 (Breyer, J., dissenting); cf. Jackson, 207 F.3d at 921 (raising a similar problem, “[i]f a jury were required to determine whether the defendant had distributed 3, 6, 49, or 52 grams of mixture or substance containing crack, its attention would be deflected from the question at once more fundamental to culpability and more manageable by a lay fact finder whether the defendant had distributed a forbidden substance”). IV. As noted above, Buckland’s claim is reviewed for plain error because he did not object to the district court’s determination of the drug quantity under the preponderance of the evidence standard. Fed. R. Crim. P. 52(b); Nordby, 225 F.3d at 1060. Buckland therefore must establish that there was error, that the error was plain, and that the error affected his substantial rights. Olano, 507 U.S. at 732. Under Apprendi, the district court erred by sentencing Buckland on the basis of a drug quantity finding that was not submitted to a jury and established beyond a reasonable doubt, and the error is plain. See Nordby, 225 F.3d at 1060. Because we conclude that §§ 841(b)(1)(A) and (B) are unconstitutional, the maximum sentence that can be imposed on Buckland for possession of an undetermined amount of methamphetamine is 20 years, under § 841(b)(1)(C). Buckland’s sentence of 27 years thus affected his substantial rights [13]. Imposing a sentence that is seven years more than the maximum sentence constitutionally permitted under the facts as found by the jury undoubtedly “seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.” [14] See Nordby, 225 F.3d at 1061-62. V. Because we conclude that §§ 841(b)(1)(A) and (B) are unconstitutional, we must consider whether they are severable from the remainder of the statute. Bd. of Natural Res. v. Brown, 992 F.2d 937, 947 (9th Cir. 1993). The first question in the inquiry is whether the statute is “fully operative” after the unconstitutional provisions have been excised. Id. at 948. The elimination of §§ 841(b)(1)(A) and (B) “ ‘in no way alters the substantive reach of the statute and leaves completely unchanged its basic operation’ ” because a defendant can still be convicted under § 841(a) and sentenced under § 841(b)(1)(C) to a maximum of twenty years’ imprisonment, regardless of the amount of a schedule I or II controlled substance he or she possessed. Id. (quoting United States v. Jackson, 390 U.S. 570, 586 (1968)). The second question is whether Congress would have enacted the constitutional provisions of the statute independently of the unconstitutional provisions. Id. Congress clearly would have enacted the remaining penalty provisions in § 841(b) in order for the sentencing court to sentence a defendant convicted of a violation of § 841(a). Having thus satisfied both inquiries, we conclude that §§ 841(b)(1)(A) and (B) are severable from the remainder of the statute.

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CONCLUSION The maximum sentence authorized by the jury’s verdict for an undetermined amount of methamphetamine was 20 years under § 841(b)(1)(C). Buckland’s sentence of 27 years, accordingly, was plain error, and it affected his substantial rights. We thus vacate Buckland’s sentence and remand for resentencing under § 841(b)(1)(C).

VACATED AND REMANDED. DUPLANTIER, District Judge, Dissenting: I respectfully dissent. I agree with the reasoning of the Seventh Circuit in United States v. Brough, 243 F.3d 1078 (7th Cir. 2001).

FOOTNOTES 1. 2.

3. 4.

5. 6.

7.

A provision of a statute is facially unconstitutional if “no set of circumstances exists under which the [provision] would be valid.” United States v. Salerno, 481 U.S. 739, 745 (1987). Because Buckland’s case comes before us on direct review, he is entitled to the benefit of Apprendi’s new rule. Griffith v. Kentucky, 479 U.S. 314, 328 (1987); United States v. Nordby, 225 F.3d 1053, 1059 (9th Cir. 2000). Apprendi was convicted of three counts, only one of which is relevant here. In Apprendi, the Court acknowledged that AlmendarezTorres v. United States, 523 U.S. 224 (1998), may have been incorrectly decided because it permitted a court to increase a defendant’s sentence for a prior conviction that was not mentioned in the indictment. 530 U.S. at 489-90. The Court, however, decided not to revisit Almendarez-Torres, treating recidivism as a “narrow exception” to the general rule announced in Apprendi. Id. Thus, although Apprendi “casts doubt on the continuing viability of Almendarez-Torres,” Almendarez-Torres remains good law “unless and until [it] is overruled by the Supreme Court.” United States v. PachecoZepeda, 234 F.3d 411, 414 (9th Cir. 2000), amended, ______ F.3d ___, 2000 WL 33156290 (9th Cir. Feb. 8, 2001), cert. denied, 121 S. Ct. 1503 (2001). Methamphetamine is a schedule II drug. 21 C.F.R. §1308.12(d). Although the majority opinion noted the dissent’s “lengthy disquisition on the benefits of determinate sentencing schemes, and the effect of today’s decision on the federal Sentencing Guidelines,” the opinion responded that the Guidelines were not before the Court, but was silent about determinate sentencing schemes. 530 U.S. at 497 n.21. The jury instruction on the possession counts stated: The defendant is charged in Counts 2, 4 and 6 of the superseding indictment with possession with intent to

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION distribute methamphetamine, in violation of Section 841(a)(1) of Title 21 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, that on or about the date alleged, the defendant knowingly possessed, or aided and abetted the possession of, a mixture or substance containing methamphetamine; and Second, that the defendant did so with the intent to deliver it to another person. It does not matter whether the defendant knew that the substance was methamphetamine. It is sufficient that the defendant knew that it was some kind of a prohibited drug. The instruction on the conspiracy count merely described the requirements of finding a conspiracy and did not mention the amount of methamphetamine. 8. Although the structure of the statute may not be dispositive, “ ‘the title of a statute and the heading of a section’ are ‘tools available for the resolution of a doubt’ about the meaning of a statute.” Almendarez-Torres, 523 U.S. at 234 (quoting Bhd. of R.R. Trainmen v. Baltimore & Ohio R.R., 331 U.S. 519, 528-29 (1947)). But cf. Jones, 526 U.S. at 233 (stating that “[t]he ‘look’ of [18 U.S.C. § 2119] . . . is not a reliable guide to congressional intentions”). 9. Buckland argues that drug type is an “enhancement element” that should be pleaded in the indictment and proven at trial. He argues that it was not, and that he should accordingly be sentenced under the subsection of § 841 that provides the lowest statutory maximum sentence, subsection (b)(1)(D). We disagree that he should be sentenced under subsection (b)(1)(D), because it is inapplicable to his case. Subsection (b)(1)(D) deals with small quantities of marijuana or hashish, and with controlled substances in schedules III, IV, and V. Methamphetamine is a Schedule II substance. 21 C.F.R. § 1308.12. Moreover, Buckland fails to raise the argument clearly, and so we decline to address the issue. Cf. United States v. Viramontes-Alvarado, 149 F.3d 912, 916 n.2 (1998) (declining to consider an issue “not specifically and distinctly argued” in the appellant’s opening brief). 10. A three-judge panel cannot reconsider or overrule the decision of a prior panel, absent an intervening Supreme Court decision that has undermined the precedential value of that authority. United States v. Hanley, 190 F.3d 1017, 1023 (9th Cir. 1999); United States v. Gay, 967 F.2d 322, 327 (9th Cir. 1992). 11. Further evidence that Congress intended the penalties section to constitute sentencing factors, rather than elements of the offense, is its inclusion in the penalties section of an

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enhancement for a prior felony drug offense conviction, which is “as typical a sentencing factor as one might imagine.” Almendarez-Torres, 523 U.S. at 230. 12. In United States v. Slaughter, 238 F.3d 580 (5th Cir. 2001), cert. denied, 121 S. Ct. 2015 (2001), the Fifth Circuit rejected a facial constitutional challenge to § 841, stating, without discussion, that “[w]e see nothing in the Supreme Court decision in Apprendi which would permit us to conclude that 21 U.S.C. §§ 841(a) and (b), 846, and 860(a) are unconstitutional on their face.” Id. at 581. See also United States v. Fort, 248 F.3d 475, 483 (5th Cir. Apr. 17, 2001) (relying on Slaughter to reject argument that §§ 841(a) and (c) are facially unconstitutional in light of Apprendi); United States v. Candelario, 240 F.3d 1300, 1311 n.16 (11th Cir. 2001) (finding, without explanation, the defendant’s facial challenge to the constitutionality of §§ 841 and 846 to be without merit), cert. denied, 121 S. Ct. 2535 (2001). The Tenth Circuit has also rejected a facial challenge to § 841, reasoning that its pre-Apprendi cases holding that drug quantity is a sentencing factor are no longer of precedential value, and that § 841 does not address procedures for determining drug quantity. United States v. Cernobyl, _______ F.3d _______, No. 00-7033, 2001 WL 733406, at *3 (10th Cir. June 29, 2001). For the reasons discussed above, we cannot agree with the Tenth Circuit. 13. Nordby declined to decide which of two approaches should be used to determine whether an Apprendi error affected a defendant’s substantial rights – weighing the extra sentence imposed upon the defendant, or examining whether a jury would have found the defendant guilty absent the error. Nordby, 225 F.3d at 1060. We need not address the issue either because we conclude that, in a case such as this one, where the defendant has been sentenced under an unconstitutional statute, weighing is inappropriate; thus, neither approach applies. Because §§ 841(b)(1)(A) and (B) are facially unconstitutional, any sentence over the twenty-year maximum in § 841(b)(1)(C) affects a defendant’s substantial rights. 14. The government argues that the Apprendi error did not “seriously affect[ ] the fairness, integrity or public reputation of judicial proceedings,” Olano, 507 U.S. at 732 (internal quotations omitted), because the 27-year sentence Buckland received could have been achieved by imposing consecutive sentences, regardless of the quantity of drugs. This argument has been rejected by Apprendi. See 530 U.S. at 474 (rejecting the argument that the judge could have imposed consecutive sentences to achieve the same prison term that Apprendi received).

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 12 NUMBER 2 — APRIL 2002

IN THIS ISSUE ... To Bookseller, Officers’ Try at a Search Warrants a Fight .............................2 Court Upholds Privacy Of Book Buyers. ........................................................4 Former Police Officer Pleads Guilty In International Drug Case ............................................................................5 University Hospital Burn Unit Seeing More And More Victims Of Methamphetamine Labs .........................................................5 Canada Top Source For Drug Chemical ..........................................................6 Cops Bust Drug Ring .......................................................................................7 Feds Bust Chicago Meth Ring .........................................................................9 Possible Terror Ties Probed in Drug Bust .....................................................10 Club Owner Alleged As Drug Lord...............................................................10 Manslaughter Counts Filed In Meth Lab Fire ...............................................11 Lab Seizure ....................................................................................................13 Separation of Ephedra Alkaloids By GC/MS ................................................14 Kirsten Wallace Evaluation of Ammonium Test Paper ...........................................................17 Dwain Worley 2002 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Association Officers President: John Hugel Health and Welfare – Canada 2301 Midland Ave Scarborough, ON M1P 4R7 CANADA (416) 973-2146 Vice-President: Peter Vallely Centre for Forensic Science PO Box 594 Archerfield Brisbane, QLD 4108 AUSTRALIA 61-73-274-9031 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (316) 792-4353 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Rachel Farnsworth ID State Police Forensic Services PO Box 700 Meridian, ID 83680-0700 (208) 884-7171 Past-President: Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284 Executive Board Members: Eric Lawrence Indiana State Police Laboratory 8500 E 21st St Indianapolis, IN 46219-2598 (317) 899-8521 Steve Johnson LAPD Crime Laboratory 555 Ramirez St Ste 270 Los Angeles, CA 90012-6302 (213) 847-0041

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TO BOOKSELLER, OFFICERS’ TRY AT A SEARCH WARRANTS A FIGHT. A DENVER DRUG PROBE CLASHES WITH AIMS TO KEEP THE PUBLIC’S READING CHOICES PRIVATE

J. MICHAEL KENNEDY Times Staff Writer Los Angeles Times March 27 2002 http://www.latimes.com/features/lifestyle/la-000021929mar27.story DENVER — Joyce Meskis didn’t have any warning when the five policemen marched into her office that day, search warrant in hand. They were there to search the sales records of Meskis’ Tattered Cover Bookstore, a Denver landmark, as part of an investigation into a small-time drug operation. “I was dumbfounded,” said the 60-year-old, whose bookstore is one of the largest independently owned in the country. “We had never faced a search warrant before.” In a matter of minutes, she was on the phone to her lawyer, who advised her to politely decline to cooperate. With that, the battle was joined in what has become one of the most prominent 1st Amendment cases in the country. Now, two years later, the Colorado Supreme Court is expected to issue an opinion this spring about whether the police have the authority to search the Tattered Cover’s sales records and, by extension, the records of other Colorado bookstores. The case could decide whether booksellers have the right, even the responsibility, to keep their customers’ purchases confidential. Losing that right, activists say, could influence what publishers are willing to print and what bookstores are willing to sell. The drug lab investigation was one in a growing trend by law enforcement agencies to seek computer records from booksellers to assist in building a criminal case. The first of these cases occurred in 1998, when independent counsel Kenneth Starr subpoenaed two Washington bookstores during his investigation of Monica Lewinsky’s affair with then-President Bill Clinton. That effort was sidetracked by Lewinsky’s agreement to cooperate with Starr’s investigation, but it opened the door to other attempts.

Even with the Lewinsky case already on the books, Meskis had no inkling of the judicial odyssey she was about to embark upon, one that has become a cause celebre in the civil rights and literary communities nationwide. In January, San Francisco’s A Clean Well-Lighted Place for Books—itself an institution of sorts—held a fund-raiser that took in more than $10,000 to help defray the Tattered Cover’s legal costs. Pulitzer Prize-winning novelist Michael Chabon and author Dorothy Allison attended, saying the case threatens the right to read without fear of prying government eyes. “I believe in the right to privacy,” Chabon said. “I believe in the freedom to read what one chooses. As a writer, a reader and an American, I truly hold the 1st Amendment sacred.” The case arose when a narcotics detail was staking out a trailer in suburban Denver where agents suspected a methamphetamine lab was operating. As part of the surveillance, the police routinely combed through the trailer’s trash and, at one point, came across a Tattered Cover shipping envelope, which had an invoice number on the front. When police raided the trailer, they found two nearly new books by humorously bogus authors: “Advanced Techniques of Psychedelic and Amphetamine Manufacture,” by Uncle Fester, and “The Construction and Operation of Clandestine Drug Laboratories,” by Jack B. Nimble. The books fit neatly into the envelope found in the trash, so investigators hoped to bolster their case by connecting the trailer owner to the drug how-to books. But to do so, they said they needed to see the Tattered Cover’s computerized records to match the invoice number.

CONTRIBUTING EDITORS

TO THE

JOURNAL

Tom Barnes ............................. OSP Forensic Laboratory – Portland, OR ............................................... (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab – Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................DEA Special Testing and Research Lab – McLean, VA ......................... (703) 285-2583 O. Carl Anderson ..................... Kansas Bureau of Investigation Lab – Great Bend, KS .......................... (316) 792-4353 Jerry Massetti ........................... CA Criminalistics Institute – Sacramento, CA ........................................ (916) 227-3575 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452

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According to an appeals brief filed by Dan Recht, the Tattered Cover lawyer, investigators had to shop around before they could find a district attorney willing to approve a search warrant for the bookstore. When they finally did get one, police showed up unannounced to go through the Tattered Cover files. Meskis, who leans toward cardigan sweaters and comfortable shoes, remembered, as she put it, “trying to beam thoughts” for the police to stop because she knew the case was one she would have to fight. Over the years the 1st Amendment protections that cover publishing books and newspapers have evolved to cover the institutions that sell them as well. The police, for their part, saw no difference between a bookstore and a hardware store in searching for and confiscating records. They simply wanted to link the owner of the trailer with the books found during the drug raid. What they probably did not know was that Meskis is one of the more formidable advocates of 1st Amendment rights in the United States. “Joyce is a very stubborn lady,” said Chris Finan, president of the American Booksellers Foundation for Free Expression. “Her philosophy is that people should make their own decisions about what they read, and her job is to make available to her customers what they request.” Meskis, among other things, is the recipient of the William J. Brennan Jr. and PEN/Newman’s Own First Amendment awards, which honor those devoted to free expression. She has led a number of 1st Amendment fights in Colorado, including a successful 1994 campaign to stop a proposed constitutional amendment that would have made it easier for communities to label materials as obscene. “We sell any book that is constitutionally protected,” said Meskis, seated in the comfortable, homey office of her downtown Denver store. “Once we start imposing our value system on you, the customer, we firmly plant our feet on a slippery slope.”

BOOKSELLERS AFRAID TO OPEN THE GATES After the police tried to execute the search warrant, Recht arranged for a week’s grace period with the Denver district attorney’s office, long enough to file for a temporary restraining order to stop the search and bring the case to court. But in October 2000, a Denver district judge ordered the bookstore to reveal the requested information about the invoice found in the trash can, which led to the state Supreme Court challenge. In arguments before that court in December, the lawyer for the police, Andrew Nathan, said that the invoice information was an essential piece of evidence needed in the case. Recht countered that it was not and that police had not done everything else in their power to find out who bought the books. “Our impression is that law enforcement sees [such searches] as a new tool and is pushing to use it,” Recht said. “From the bookseller’s point of view, it has scary repercussions. It could open gates.” Judith Krug, director of the office for intellectual freedom for

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the American Library Assn., likened the Tattered Cover case to the time in 1970 when law enforcement officials began combing library records for clues to criminal activity. Specifically, they were trying to find out who checked out books on bomb-making after a lab at the University of Wisconsin was blown up by left-wing radicals. “I was horrified,” said Krug, who then began a 30-year campaign to protect library circulation records. Today, only Kentucky and Hawaii don’t have laws protecting the privacy of what readers check out from libraries. She said combing through charge records had a similarly ominous tone. “The thought of a law enforcement officer accessing my charge records and then determining what kind of person I am on the basis of what I read would bother me tremendously,” she said. Two other prominent cases involved a Los Angeles bookstore and Seattle bookselling giant Amazon.com. The Los Angeles case centered on an FBI probe into possible illegal gifts, apparently including books, received by U.S. Sen. Robert Torricelli (D-N.J.). As part of that investigation, the FBI subpoenaed several bookstores around the country, seeking data on the purchases Torricelli and seven others made over the previous 6 1/2 years. Among those subpoenaed was Arundel’s bookstore, with shops in Los Angeles and Seattle. The owner of the stores, Phil Bevis, refused to turn over any information to FBI agents. “The feds’ conduct in this case is reprehensible,” Bevis said. “They really colored outside the lines on this one. They are supposed to [show they] need the information and, second, they are supposed to explore other ways of getting it. This was a fishing expedition.” Bevis said FBI agents arrived at the Beverly Boulevard bookstore in August and began interrogating his staff on the spot. He said he decided from the outset not to provide the information requested. “I decided we were not going to comply, period,” he said. “If the ground rules changed so that we were forced to comply, we were going to close. It was a gut check. I can’t be a bookseller if those are the rules.” The Justice Department backed off on the subpoenas in September and announced in January that it would not file charges against Torricelli. While it was at least a partial victory for Bevis, it also was an expensive one. “It’s going to take me until 2003 to pay off my legal bills,” he said. The Amazon case took place two years ago when Ohio authorities subpoenaed the company for records of anyone in the Greater Cleveland area who had purchased the “Cyborgasm I” and “Cyborgasm II” compact discs. The request was part of an investigation into a stalker who had sent the CDs—along with lingerie and other items—to 42 women over a three-year period. Amazon responded by saying it could not reply to an out-ofstate subpoena. When Ohio investigators persisted, Amazon took it to the courts. Ultimately, Amazon did not have to turn over anything. The company also found out that the chief suspect in the case, Cleveland radio and television personality Joel Rose, had committed suicide after he was publicly named as a suspect.

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He left a note in which he claimed his innocence, saying, “When your integrity is destroyed, you have nothing.” The case remains unsolved.

COLORADO COURT

AND INDIVIDUAL

LIBERTIES

In the Denver case, Recht said he is pinning some hope for success on the fact that the Colorado Supreme Court has a history of landing on the side of individual liberties. He said the decision will be cutting edge, no matter what the ruling, because no other state supreme court has ruled on the issue.

Bevis, meanwhile, wondered how many other bookstores had been approached whose owners didn’t have the will or the money to fight the government. “God only knows how often it’s happened,” he said. “And the stores that roll over, you’ll never know about.” In Denver, the criminal investigation that started the Tattered Cover’s ordeal has taken a back seat to the 1st Amendment case. Only one charge was ever filed in the meth lab bust, and that was later dropped. Authorities don’t know where the four people who were under investigation now are.

COURT UPHOLDS PRIVACY OF BOOK BUYERS. RETAILER CAN REFUSE TO TURN OVER RECORDS DAVID G. SAVAGE Los Angeles Times Tuesday, April 9, 2002 The Colorado Supreme Court ruled that the Constitution protects the privacy of both bookstore owners and their customers when it refused yesterday to force a Denver retailer to turn sales records over to police. Legal experts predicted that the decision would slow, if not halt, the recent trend of investigators seeking records of book purchases or video rentals as a quick way to track suspects or bolster a prosecution. Four years ago, independent counsel Kenneth Starr surprised booksellers when he subpoenaed the records of a Washington, D.C., store, seeking information on purchases made by Monica Lewinsky. Since then, there has been “an alarming increase in the number of bookstore subpoenas and search warrants” – including requests to online booksellers — said Chris Finan, president of the American Booksellers Foundation for Free Expression. But the bookstore owners have fought back, and they won an important victory yesterday.

FIRST AMENDMENT RIGHTS “The First Amendment embraces the individual’s right to purchase and read whatever books she wishes to, without fear the government will take steps to discover which books she buys, reads and intends to read,” the Colorado court said in a unanimous decision. This “fundamental constitutional right . . . to purchase books anonymously” cannot be swept aside, the judges said, except in the rare instance where police can show the information is absolutely essential and cannot be obtained in any other way. Moreover, the “innocent, third-party bookseller” deserves an opportunity to contest these claims in a special hearing, the state court said.

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METH LAB CASE EVIDENCE In the case decided yesterday, police were trying to determine who among several suspects operated a methamphetamine lab that officers had raided. Police found two how-to books on making illegal drugs. They also found a mailing envelope from the Tattered Cover, a popular Denver bookstore, but there was no receipt to show who had purchased the books and no name on the envelope — only the address of the trailer containing the lab.

SEARCH WARRANT RESISTED The officers obtained a subpoena from the Drug Enforcement Administration for the purchase records. Joyce Meskis, the owner of Tattered Cover, refused to comply. Police then obtained a search warrant from the Denver district attorney’s office. Six officers went to the bookstore to carry out the search, but Meskis contacted her attorney, who persuaded prosecutors to wait until a hearing could be held. The trial judge concluded that the police had shown a strong need for the information and upheld the search warrant. But Colorado’s highest court immediately took up the issue and quashed the search warrant yesterday. Since the ruling relies, in part, on Colorado’s state constitution, it is not a binding precedent for courts around the nation. But Colorado’s Supreme Court is the only one to rule on the issue, Finan said, and it could serve as an important influence on future cases. “Not only is this case a victory for readers and book purchasers in Colorado, (but) we believe the court’s opinion sets an important precedent for readers, bookstores and library patrons throughout the country,” Meskis said.

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FORMER POLICE OFFICER PLEADS GUILTY IN INTERNATIONAL DRUG CASE Published 5:35 p.m. PST Friday, January 11, 2002 LOS ANGELES (AP) - A former Ontario police officer has pleaded guilty to obstructing an investigation of an international drug-smuggling and distribution ring that may be linked to terrorist organizations, federal officials said Friday. Douglas John Bos, 34, of Canyon Lake, pleaded to a federal charge of obstructing justice in July. The plea was sealed until now to protect the integrity of the drug ring investigation, said U.S. attorney’s spokesman Thom Mrozek. Investigators said Bos was working as a member of a federal drug task force last October when he called one of the investigation’s targets - Nidal Hamayal, 45 - and warned him not to meet with a confidential informant that same day. During the conversation, investigators said Bos asked Hamayal to pay him for the tip. More than 67 people, including Hamayal, were arrested Thursday in Chicago, Detroit and several California cities,

culminating a two-year investigation dubbed “Operation Mountain Express,” authorities said. An additional 54 warrants have been issued. The FBI has launched an investigation into whether the sale of the drugs funded terrorist operations, including the one responsible for the 1993 bombing of the World Trade Center. Investigators said the alleged traffickers purchased barrels of pseudoephedrine in Canada, smuggled them into the United States through Detroit and sold them in California, where they were used to manufacture methamphetamine. Authorities say the distribution ring was headed by 10 people who called themselves “the Commission” and shipped their profits to the Middle East. Most of those ringleaders are of Middle Eastern descent, from nations including Jordan, Iraq and Israel. Bos faces up to ten years in prison when he’s sentenced on January 28.

UNIVERSITY HOSPITAL BURN UNIT SEEING MORE AND MORE VICTIMS OF METHAMPHETAMINE LABS SARAH HUNTLEY, NEWS STAFF WRITER RockyMountainNews.com March 16, 2002 http://www.rockymountainnews.com/drmn/local/article/ 0,1299,DRMN_15_1032880,00.html One in seven patients admitted to Denver’s premier burn treatment center last year was a confirmed or suspected casualty of methamphetamine labs. Mangled hands. Maimed arms. Melted faces. They’re showing up at University Hospital with tragic regularity. “There’s a break in reality between wanting to make the drugs and realizing what tremendous risk you are placing yourself in,” said Paul Bauling, director of the hospital’s burn unit. “You’re going to damage and cook your brain when you use (meth), but you’re going to damage and cook your skin when you make it.” Methamphetamine has taken hold in Colorado, posing dangers never before confronted in the drug world. Law enforcement officers throughout the state are busting labs, many in residential neighborhoods, at a rate of more than one a day.

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Just two years ago, Bauling said, meth-related burns barely made a blip on hospitals’ patient loads. University logged only a handful of cases then. But last year the numbers went up. Bauling estimated he and his burn team colleagues treated a dozen patients who were known to be manufacturing speed when their injuries occurred. Another dozen were likely involved in the illegal activity but lied about what happened. “Most people don’t walk in the door and say, ‘Oops, I got burned in a meth lab,’ “ Bauling said. Many patients are left at the emergency room alone, as the car that brought them peels away. Others come in hours after their agony started, probably so associates can clean up the labs. Doctors treat patients the same, no matter how the burns occurred. They are prohibited by confidentiality rules from calling police.

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But those on the front lines at University want to get the message out: “This is going to kill you. If it doesn’t kill you, it’s going to ruin the rest of your life … You may never be able to use your hands again. You may never be able to put a hamburger in your mouth,” Bauling said. “The risk isn’t worth the high.” Burn victims typically remain hospitalized for months, undergoing excruciating treatment in hopes of restoring the use of their limbs and affixing skin that can bend. Even after they are released, patients face years of rehabilitation. Twenty-six-year-old George H. had experienced pain in his life, but nothing like what he found when he woke up with thirdand fourth-degree burns over 26 percent of his body. The name on his hospital door said John Doe. George had been abandoned at Lutheran Medical Center in Wheat Ridge by someone, he doesn’t know who, then flown to University. He’d been unconscious for eight days. “It was hell,” he said. “Being burned is the worst experience anyone can suffer. I wouldn’t wish it on my worst enemy. I don’t wish it on the people who did this.” George, who asked that his last name be withheld because he wants no contact with his past life, admits his burns were the result of his involvement in methamphetamine. But he says he wasn’t cooking speed; he was dealing it. George was burned in January 2000 after he says he tried to settle a debt with his partner and get out of a business that had gutted his life. He was taken to a cabin in Empire, he says, where one of his former associates doused him with gasoline and lit a match. That’s the last thing he says he remembers. When he came to University Hospital at the University of Colorado Health Sciences Cente, George thought he was dead. He couldn’t lift his head. His eyes were burned shut. All he could see was white.

“I started screaming and hooting and hollering,” he said. “And the nurses came in and told me what had happened.” George’s arms, chest and neck were rippled with burns. Flames had eaten his face and ears, causing injuries that would later become infected and nibble away at the tops of his lobes. The rest of his upper body was saved by a cotton tank top. Two years later, George’s eyes shine through a face that has seen the benefit of plastic surgery, but deep scars remain on his chest and arms. He hopes his story will save someone else’s life. What happened to him, he says, saved his. “I’d been tweaking for six years. I woke up every day for six years trying to quit,” he said. Nine days before he was burned, he fell to the ground and made a deal with God. “If I’m not out of this —— in 10 days, strike me down with lightning,” George remembers thinking. “Be careful what you ask for. I got what I asked for, a day early.” Still, the experience gave George the strength he’d lacked. On April 23, he’ll celebrate two years of freedom from drugs. He’s completing a deferred sentence stemming from his arrest on several drug-related charges and hopes to become a drug counselor. Registered nurse Kimberlee LaMothe is amazed when some patients come in for clinics and admit they’ve returned to their old ways. “You put a lot of time into them and you do a lot of teaching,” she said. “But some people will go back to the meth. They couldn’t walk away.” Others, like George, learn from their past. “This is the only reason I’m clean today,” George said as he took off his shirt to show his wounds. “This started out as simple using and turned into me fighting for my life … It can happen to anyone. That’s the bottom line.”

CANADA TOP SOURCE FOR DRUG CHEMICAL PETER EISLER AND DONNA LEINWAND USA TODAY January 9, 2002

WASHINGTON — Canada has become the top source of smuggled chemicals used to produce illegal methamphetamine at clandestine U.S. labs — a problem highlighted by a seizure last month of a record 10-ton shipment in California. The illicit imports of pseudoephedrine, a common ingredient in cold and allergy medicines, are attributed mainly to a loose-knit network of people of Middle Eastern origin. Federal agents have attempted to determine whether profits are funneled to terrorist groups in the Arab world. Millions of

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dollars have been traced to banks in the Middle East, but investigators say they have no evidence of terrorist involvement. The Canadian smuggling, documented in a joint reporting effort between USA TODAY and Channel One News, a TV news network for young people, has vast implications for efforts to crack down on domestic production of methamphetamine, a powerful stimulant especially popular in the western and southeastern USA. Law enforcement officials are conducting an aggressive crackdown on the pseudoephedrine imports, which

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make their way to illicit methamphetamine labs operated in California and the Southwest by Mexican cartels. Similar initiatives are ongoing in Canada, which is poised to adopt regulations to give its border agents more authority to confiscate undocumented shipments of the chemicals. Robert Pennal, commander of the Fresno (Calif.) Methamphetamine Task Force, says evidence of Canadian smuggling emerged in 1999, and the flow has grown steadily ever since. “By March 2001, it was apparent that the vast majority of pseudoephedrine we were finding was coming from Canada,” he says, and last month’s seizure “really shows the problem’s magnitude.” Production, distribution and bulk sales of pseudoephedrine are tightly regulated under U.S. law, but Canada has virtually no restrictions on the drug. U.S. officials note that Canadian imports of pseudoephedrine — mostly from China, India and Germany — have jumped about 1,400% since the mid-1990s. The officials say they believe much of that was smuggled into the USA. The seizure in California last month, involving pseudoephedrine shipments in Anaheim and San Jose, was the latest in an escalating series. Since April 2001, when the U.S. Customs Service grabbed 10,700 kilograms of pseudoephedrine from a tractor-trailer crossing the Ambassador Bridge from Canada to Detroit, shipments of Canadian origin have been captured from Oklahoma

to California on a near-monthly basis. “It comes on big rigs, in vans and U-Hauls, even on planes, generally through Michigan, Chicago and across the U.S.” says Craig Hammer, a supervisor of methamphetamine interdiction for California’s Department of Justice. Canadian officials expect to have new regulations in place by the end of 2002 to restrict bulk sales and exports of pseudoephedrine. And Canadian Customs “is ready to do inspections (for the drug) as soon as it is declared a controlled substance,” says Collette Gentes Hawn of the Canadian Customs Service. “Right now, we have no right to seize it or do anything with it.” Methamphetamine, which retails for up to $200 a gram, is relatively easy to produce by cooking pseudoephedrine with ingredients purchased at a hardware or drug store. Until the early 1990s, most methamphetamine labs were small operations controlled by motorcycle gangs. In 1994, however, Mexican criminal organizations entered the business, setting up “super labs” in the western USA that produced large volumes of meth using pseudoephedrine from rogue U.S. distributors. All that changed in August 2000, when a huge federal dragnet dubbed Operation Mountain Express rounded up 189 people and shut down most of the U.S. distribution network for pseudoephedrine. Now, officials say, the Canadian connection is filling the void.

COPS BUST DRUG RING. BRIDGEVIEW BUSINESSES AT CENTER OF SMUGGLING OPERATION, PROSECUTORS SAY ALICE HOHL STAFF, WRITER Daily Southtown Friday, January 11, 2002 Police rounded up more than a dozen men from 11 south suburbs Thursday — seizing tens of millions of dollars, dozens of luxury cars and posh mansions — as federal authorities broke apart a huge Chicago-based Canada-to-California drug smuggling enterprise. The bootlegged pill, a common ingredient in sinus medicine, is used to make methamphetamine, called “speed” and “crank” on the street. Those men and dozens more were charged in Chicago and 10 other cities as agents aimed to stop the flow of pseudoephedrine from suppliers in Canada to labs in California. Large quantities of the chemical — about 10 million tablets at a time — were bought legally in Canada by south suburban men,

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according to federal agents. Area trucking companies and warehouses were used to move the pills illegally into Illinois and then to labs in California, authorities said. Prosecutors said significant sums of cash were being laundered through two Bridgeview car dealerships a block apart on Harlem Avenue. More than 100 people were arrested or are being sought nationwide, including six men from Tinley Park and several others from Alsip, Burbank, Chicago, Chicago Ridge, Frankfort, Hickory Hills, Lockport, Oak Forest, Palos Hills and Plainfield. South suburban police said 15 local people were arrested by federal agents with the help of area police officers and jailed at a staging area in the Oak Lawn police station. Some face charges

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in Chicago, others in California, Michigan and Arizona. The raids and arrests began at 4 a.m. Thursday. Police and federal agents searched suburban homes and businesses, seizing cars, documents, bank accounts and about $60 million in cash and assets, police said. More than two dozen law enforcement officers supervised the removal of luxury cars and sport-utility vehicles from Prestige Motor Cars, 7358 S. Harlem Ave. Shortly after 10 a.m., an employee looked at the vacant lot through the indoor salesroom. Sales, obviously, were done for the day. “I’m drinking my coffee. I have no comment,” he said. The police and federal agents then moved a block north to Affordable Motor Cars, where they towed another two dozen cars, including Cadillacs and Mercedes. Carl Housman, the owner of the Garden Wedding Chapel across from Affordable Motor Cars, said he was glad to see the businesses go. “I knew something was going on,” he said. “There was too many people going in and out.”

BANK

ALSO TARGETED

Agents and police spent much of Thursday using search warrants to find assets and proof of wrongdoing connected to the defendants. In Palos Hills, three police cars and police tape blocked the entrance to the Family Bank and Trust Co., 104th Street and Roberts Road, while two police officers guarded the door to prevent customers from entering. A sign on the door said the bank would be closed Thursday because of computer problems. A customer of the bank, Omar Najib, was turned away and surprised by the police cars. “I’m really stunned,” Najib said. “It’s an outstanding community. The bank’s people are very friendly. I hope everything is OK.” A spokesman for the U.S. attorney’s office said no one from the bank was arrested but refused to disclose whether investigators were looking for defendants’ assets. Police officers, including investigators from Oak Lawn and Bridgeview, have been assisting federal agents from the Drug Enforcement Administration, U.S. Customs and the Internal Revenue Service since September of 2000. Agents used tracking devices and phone taps to follow the drugs and smugglers. “In Chicago and the rest of the Northern District (of Illinois), we are not going to tolerate illicit trafficking of (pseudoephedrine),” said First Assistant U.S. Attorney Patrick J. Fitzgerald. “We will seek them out, we will arrest them and we will seize their assets.”

suburbs, headed by twin brothers who used their Harlem Avenue car dealerships to hide millions in cash they earned funneling pseudoephedrine from Canada to California, federal agents said. The brothers — Khaldon Esawi, 38, of 5 Turnberry Court in Burr Ridge, and Khaled Obeid, 38, of 9010 S. Milford Court in Hickory Hills — were arrested and charged along with several other members of what federal agents call the “Esawi organization,” which has been under investigation since 1999. Esawi’s nephew, Taher Yousef, 31, of 13322 W. Onondaga Trail, Lockport, is the president of a Griffith, Ind., company called Ivanhoe, which received a license to buy pseudoephedrine, agents said. The company ordered more than 72 million tablets in 1999 alone, but agents said Ivanhoe didn’t properly document how the medical tablets were resold or distributed. During one October 2001 delivery, tablets ordered by Ivanhoe were picked up in Canada by a truck driver, prosecutors said. Then Khaldon Esawi and Khaled Obeid, Jordanian nationals, used a Bedford Park business and warehouse called “Jaffa Candies” to switch the pills from one truck to another, prosecutors said. The new truck took the pills to a Chicago warehouse, where the back of the truck was filled with paper towels to hide the drugs, prosecutors said. Then the truck driver met with an unknown woman in Willowbrook before driving to Rancho Cucamonga, Calif., federal agents said. From there, the pills were distributed to illegal labs throughout southern California to be made into methamphetamine. Esawi, Obeid and their alleged partners were charged with conspiracy to illegally import and distribute pseudoephedrine.

NATIONAL

CRACKDOWN

Other cases involving different players, including some other south suburban residents, were filed in three other states. “The success of this investigation has significantly impacted the manufacture and distribution of methamphetamine in our country,” said Michael DeMarte, special agent-in-charge for the DEA. In other cities, officials said some money from the drug smuggling operation had been traced back to the Middle Eastern countries from which the main drug dealers emigrated. Many of those arrested have Arabic surnames. But in Chicago, Fitzgerald said the case is not related to terrorism and vehemently refused to comment on where the money went. “We’re not going to go around and every time someone is arrested with a Middle-Eastern background comment on whether there was a terrorism connection or not,” he said.

THE ‘ESAWI ORGANIZATION’ Charges filed in Chicago Thursday outlined a wide-ranging drug smuggling operation with stops in Chicago and the south

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FEDS BUST CHICAGO METH RING STEVE WARMBIR AND FRANK MAIN STAFF REPORTERS Chicago Sun-Times January 11, 2002

Federal agents decapitated a Chicago-based Middle Eastern drug trafficking ring with more than 15 arrests here Thursday and are investigating whether profits bankrolled terrorism. The early morning sweep was part of more than 60 arrests across the country in 12 cities, including Detroit and Chicago, that targeted illegal trafficking in a common cold pill ingredient that’s transformed at clandestine drug labs into methamphetamine—known as speed or meth on the street. In Chicago, agents arrested twin 38-year-old brothers, one of them living in a $900,000 Burr Ridge home, who allegedly headed the Esawi trafficking group. The brothers, Khaldon Esawi and Khaled Esawi, who also goes by Khaled Obeid, trafficked in more than 100 million tablets of pseudoephedrine worth millions since 1999, authorities allege. Two shipments linked to the brothers, sent in October and December last year, amounted to 20 million tablets alone. That’s about half the number of cold tablets sold by a large drug company in a typical year. The group was so streamlined that one shipment of pseudoephedrine went from the Canadian border to an illegal lab in California in just four days. The shipments often would contain a cover load of paper towels or detergent. The two brothers are Jordanian nationals, and the majority of those arrested nationwide Thursday are from Jordan or Iraq. The arrests were the latest in the ongoing Operation Mountain Express, a two-year DEA effort that targets traffickers across the nation. “We will seek them out, we will arrest them, we will take their assets,” U.S. Attorney Patrick Fitzgerald said. Nationwide, some drug money from the various operations has been sent to the Middle East. But authorities stressed they have found no ties to terrorism yet, either nationwide or in the local case. DEA agents, marshaling tips from informants and bugs on cellular phones, tracked not one, but two shipments last year of the cold tablets from Chicago to California, where middlemen distributed the pills to illegal labs run by Mexican drug cartels. The pills were nicknamed “slaughtered sheep” by the traffickers, and the pills started their journey in Canada. Pseudoephedrine is mainly manufactured as a powder in China, and made into pill form by Canadian companies. Those firms sold massive quantities of the cold medicine ingredient to a Canadian company, which in turn supplied them

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to the Esawi brothers, who stored them in Chicago area warehouses, authorities allege. Canada has become the top source for pseudoephedrine for traffickers, who need massive quantities and can’t simply go into local drugstores and buy cold pills off the shelves for the ingredient. Canada needs to beef up its regulations on the cold pill ingredient to deter illegal sales, said Michael DeMarte, the special agent in charge of the DEA in Chicago. The two Esawi brothers were allegedly trafficking in pseudoephedrine since at least 1999 and needed ways to launder their money. They did so, authorities believe, through two used car dealerships they owned about a block apart in Bridgeview— Prestige Motor Cars, formerly known as Harlem Motors Cars, and Affordable Motors. The drug cash was washed through car sales. The two men often carried large amounts of cash. One brother was once stopped at Midway Airport with about $123,000, while another was stopped at the Canadian border with about $400,000. The cash was seized in both cases, but the brothers weren’t charged at the time. In all, more than 80 cars were seized at the two lots on Thursday by DEA agents, who were joined in the case by U.S. Customs and the Internal Revenue Service. Agents also hit homes and businesses, and during the raids found documents confirming some of the suspects have traveled to Canada. Out of the 14 people charged in the Chicago cases, three were still at large Thursday, authorities said. The men in custody will have bond hearings next week, Assistant U.S. Attorney Kevin J. Powers said. Several other men arrested in Chicago were expected to be shipped to other cities, where they face charges in the nationwide investigation. Two of the men in custody in Chicago were implicated in another pseudoephedrine trafficking case that had no known ties to the Esawi organization. In the Esawi case, investigators secretly recorded conversations between participants that contained a mix of God and money. Khaled Esawi told one member of the group that he hoped that an illegal shipment was fine “for the prophet’s sake.” It will be so, if “God is willing,” the man replied.

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POSSIBLE TERROR TIES PROBED IN DRUG BUST NewsMax.com Wires Thursday, January 10, 2002 LOS ANGELES — An investigation into the trafficking of a key ingredient in methamphetamine has resulted in more than 100 arrests and may lead to links with Middle East terrorists. The Drug Enforcement Administration, along with other U.S. agencies and the Royal Canadian Mounted Police, announced Thursday that the arrests in a dozen cities were part of Operation Mountain Express, an ongoing probe into the sale of pseudoephedrine, an integral ingredient in cold pills that is also essential in the production of methamphetamine. “Equally as serious as trafficking illegal drugs is the illegal trafficking of chemicals used to produce drugs,” declared U.S. Attorney General John Ashcroft. A large number of the individuals arrested were of Middle East descent or were listed as illegal immigrants from Israel and Jordan, which raised the question of whether a portion of the proceeds from the pseudoephedrine sales wound up in the bank accounts of terrorist organizations. Although officials stressed no indication of terrorist ties had been found and that Operation Mountain Express was not specifically aimed at cutting off a source of revenues for terrorists, the FBI was looking at the money trail. “Drug trafficking is going to take on a whole new meaning now,” said John Iannarelli, an FBI spokesman in San Diego. “Originally, we looked at drug sales as something that profited

the drug traffickers. Now, every citizen has to be concerned about whether drug sales are funding terrorist activities in the United States.” Methamphetamine has long been a lucrative business for motorcycle gangs and Mexican drug rings, however U.S. restrictions on the sale of the chemicals used to produce the stimulant has forced “meth cookers” to look for sources of pseudoephedrine outside the United States. Authorities said the suspects targeted in Operation Mountain Express used small grocery stores to import large amounts of pseudoephedrine from Canada, which was then sold to the “meth cookers.” The latest phase of Operation Mountain Express resulted in the seizure of nearly 41 million pseudoephedrine tablets, reportedly enough to make 3,300 pounds of methamphetamine valued at more than $19 million. Most of the tablets were confiscated in Southern California, a long-time hotbed of methamphetamine production. “This investigation will have a significant impact on pseudoephedrine availability and methamphetamine production, not only in California, but in the rest of the nation,” said Michele Leonhart, head of the DEA office in Los Angeles. Along with the arrests in Los Angeles and San Diego, authorities arrested a number of suspects in Chicago, Detroit, Las Vegas and Phoenix.

CLUB OWNER ALLEGED AS DRUG LORD PROSECUTORS SAY NHO VAN VO HEADED THE LARGE RING BROKEN UP IN RAIDS LAST WEEK SAM SKOLNIK Seattle Post-Intelligencer Tuesday, January 29, 2002 Federal prosecutors yesterday identified an International District nightclub owner as the leader in a large drug ring broken up in raids citywide last week. Nho Van Vo, co-owner of the fashionable Club NV, a hip-hop nightclub opened late last year, and president of an automotive repair business called Ultraspeed, is alleged to have been the key player in a ring of at least 30 people recently indicted on charges of selling several illegal drugs in dance clubs around the city. Vo “was at the center of this conspiracy to distribute controlled substances,” said Assistant U.S. Attorney Ron Friedman at the arraignment of Vo and four other defendants. “He has shown himself to be in charge of a number of individuals involved in this.” Friedman described Vo, 26, as a feared drug kingpin who

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threatened associates who owed him money, and who continued to do business from his swank new apartment above the Uwajimaya grocery store — knowing full well that U.S. Drug Enforcement Administration agents were spying on him from across the hall. The indictment by a federal grand jury Jan. 16 lists 30 people charged with one count of conspiracy to distribute eight kinds of drugs, including more than 50,000 tablets of the hallucinogen Ecstasy and other so-called “club drugs” such as ketamine, an animal tranquilizer; more than 12 pounds of cocaine; marijuana; steroids; and methamphetamine. Yesterday, Friedman alleged that six of the defendants listed on the indictment were Vo’s drug distributors — Anthony Fletcher, Felicia Hollenbeck, Wade Hinshaw, Nop Van Lam, Alan Mar and William Ripley.

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Hollenbeck and Lam were also arraigned yesterday, as was Vo, his brother, Nhat Van Vo, and Reymundo Lopez. Each pleaded not guilty, and all but Lam were detained pending trial by U.S. Magistrate Monica Benton over the objection of their attorneys. Lam was remanded to a halfway house. The defendants face 10 years to life in prison. Friedman described Vo, who immigrated to the United States at age 6, as a dangerous man. In one wiretapped conversation, Friedman said, Vo is heard threatening Hollenbeck, who owed him money, by saying into her voice mail, “Talk to me soon, or I will talk to you in a different way.” Friedman also said that Vo, even after learning that DEA agents were monitoring him from an apartment directly across the hall, continued his drug operation. “They never stopped doing business,” he said, adding that agents who raided the apartment found thousands of tablets of Ecstasy, cocaine and handguns, Vo’s business, Ultraspeed, a South Jackson Street auto-repair shop, was a drug-distribution front, and most of the drugs were stored there, Friedman said. No one could be reached at Ultraspeed offices to comment on Friedman’s statement. Vo’s business partner at the club, Luke Duncan, declined comment yesterday other than to say the club remains open. Friedman said police found no drugs at the club, but did seize a 9 mm handgun there. Vo’s attorney, David Arganian, said there is “not a direct tie to Mr. Vo being involved in these offenses.” He also said that agents unfairly relied on two paid confidential informants for assistance.

This isn’t Vo’s first brush with the law. According to King County court records, Vo pleaded guilty in late 1994 to two counts of residential burglary and one count of first-degree theft, and was sentenced early the next year to 15 months in prison. A domestic-violence-related charge against him in Bellevue District Court was dismissed in1999. Friedman said Vo was free at the time of his arrest on a $10,000 bond from the Immigration and Naturalization Service, which was trying to deport him because of the 1994 felony conviction. Although more than 20 of the 30 people named in the indictment have been arrested, new arrests continue in the case — including one right outside the courtroom where the defendants appeared. The man, who attended the arraignments as a spectator, was arrested by DEA agents as he left the courtroom. He was named during the proceedings as an associate of Lopez, whom the government alleges was Vo’s main cocaine supplier. The arrests are the culmination of a two-year DEA investigation that involved numerous sales of Ecstasy to undercover agents. Club NV isn’t the only nightclub to come under scrutiny in the investigation. Club FX, an Elliott Avenue West dance club that caters to patrons 18 and older, was raided by DEA agents last week. Law enforcement sources believe some of the defendants sold drugs at the club. Top city and federal law enforcement officials plan a news conference today to release more details about the investigation.

MANSLAUGHTER COUNTS FILED IN METH LAB FIRE 2 MEN ACCUSED IN FIRST-EVER DENVER CASE; 2 WOMEN DIED HOWARD PANKRATZ Denver Post Legal Affairs Writer Friday, January 25, 2002 - Two men suspected of running a meth lab out of a Denver house were charged Thursday with reckless manslaughter in connection with the deaths of two women killed when the lab blew up. Such charges are increasing in frequency as prosecutors take a hard-nosed attitude toward the soaring number of meth labs and the danger they pose. Charged in Denver in connection with the Jan. 16 explosion and fire in the basement of a duplex at 310 S. Lincoln St. are Darryl Willis, 47, and James Campbell, 29. They face counts of reckless manslaughter, manufacture of methamphetamine, possession of methamphetamine and fourth-degree arson.

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If found guilty, the men face prison terms of two to six years for manslaughter, two to six years for possession of methamphetamine, two to six years for arson, and four to 12 years for meth production. This is the first time a meth lab fire has caused deaths in Denver, and possibly the first time in the state. The bodies of the two women were discovered in a basement crawl space after firefighters put the fire out. John Davis, supervising deputy district attorney in Riverside, Calif., said he has tried three separate and unrelated murder cases stemming from the explosions of meth labs. He said he knows of only a few such prosecutions in the United States, including four in California.

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A fifth murder case was successfully argued last year by Kansas Attorney General Carla Stovall against a meth lab operator whose meth partner was killed in an explosion in rural Rice County near Lyons, Kan. The cases were brought under the theory of felony murder that a death occurred during the commission of another dangerous felony, specifically the manufacture of methamphetamines. “I have pushed the envelope because I believe strongly that just like if you are involved in a bank robbery and things go awry even if you didn’t plan them, you need to be accountable, because you shouldn’t have been robbing the bank in the first place,” Davis said. Davis brought the first murder case of its kind in the nation against meth lab operator Kathy Lynn James, who was charged

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with second-degree murder in the deaths of three of her children who died in a meth lab explosion the day after Christmas 1995. James lived in a remote part of Riverside County in a trailer where she cooked meth and lived with her four children. When the lab blew up, she was able to escape through a bathroom window, but three of the children died in the inferno. James was convicted of three counts of second-degree murder and sentenced to 45 years to life. Her case was upheld by the California Court of Appeals. Davis also prosecuted two men for second-degree murder when a meth explosion killed their partner. He also prosecuted a man whose brother was killed by a fireball that resulted when the man flicked his cigarette lighter near the lab’s fumes.

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LAB SEIZURE METHAMPHETAMINE LABORATORY SEIZED RHODE ISLAND

IN

HOPKINTON,

In March 2002, in response to an overdose at a high school, an investigation showed that a seventeen-year-old male was selling methamphetamine to the students at the school. State Police, Hopkinton, Charlestown and Richmond Police were called for the investigation. The clan lab chemist arrested was a thirty-four year old male. He had previously served thirteen months in an Arizona prison for possessing precursor chemicals. DEA, State Police, DEA Chemists, and the State Forensic Chemist broke down the clandestine operation. The type of lab that he had was a red phosphorus-type lab. At the site was a large glass jar with “Sudafed” brand tablets being extracted with alcohol. Red phosphorus, iodine, “Red Devil” brand lye, solvents, glassware and a small amount of finished product were found. The clandestine chemist was very cooperative and told the State Forensic Chemist how he made the methamphetamine and where he purchased the chemicals used in the process. He used two thousand “Sudafed” brand tablets and made approximately one ounce of finished product at a time.

Photo 1. Tablet containing 5-methoxy-di-isopropyltryptamine

Gino Rebussini Rhode Island Department of Health Forensic Drug Chemistry

5-METHOXY-DI-ISOPROPYLTRYPTAMINE TABLETS IDENTIFIED Recently, the Sacramento County (California) District Attorney’s Forensic Laboratory received 17 round tablets bearing the imprint of a spider. The tablets were approximately 0.9 cm in diameter and 0.3 cm in width with beveled edges. The tablets were light green in color with blue specks (Photo 1). The tablets were examined with color tests with the following results: Marquis: No reaction Cobalt thiocyanate / stannous chloride: blue/blue Van Urk: purple Wagner: brown precipitate

Abundance

Average of 9.574 to 9.650 min.: 5MEODIPT.D

114 550000 500000 450000

5-MeO-diPT

400000 350000 300000 250000 200000 150000 100000 50000 m/z-->

0

72 43 56 40

60

89 103 80

100

130 145 120

140

160 160

174

188 201 215 229 243 257 274

180

200

220

240

260

280

Figure 1. MS of 5-methoxy-di-isopropyltryptamine

A portion of the tablets were examined directly using FTIR (KBr) and indicated the presence of sucrose. The tablets were extracted using methanol and further examined using GC/MS (splitless). Subsequently, the mass spectrum was identified as 5-methoxy-di-isopropyltryptamine (Figure 1). Joe Faulkner Sacramento County DA’s Forensic Laboratory

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SEPARATION OF EPHEDRA ALKALOIDS BY GC/MS KIRSTEN WALLACE, CRIMINALIST California Department of Justice – Chico Laboratory 3870 Morrow Lane, Suite A Chico, CA 95928

INTRODUCTION Ephedra is a plant that contains a number of ephedra alkaloids. The amount and types of these alkaloids vary depending on the ephedra species. The different ephedra alkaloids present are ephedrine, pseudoephedrine, methylephedrine, methylpseudoephedrine, norephedrine (phenylpropanolamine), and norpseudoephedrine. Several studies have been done to determine the relative amounts of the ephedra alkaloids in different dietary supplements [1]. Amounts of ephedra alkaloids in dietary supplements

Ephedra Alkaloid

Percentage Range

Ephedrine Pseudoephedrine Methylephedrine Methylpseudoephedrine Norephedrine Norpseudoephedrine

40 – 94% 6 – 48% 2 – 13% 0 – 1% 0 – 3% 0 – 4%

With pseudoephedrine-containing cold medications being regulated as to how many can be bought, many clandestine methamphetamine manufacturers are turning to ephedra dietary supplements as their precursor to make methamphetamine. Since ephedra can contain various amounts of the ephedra alkaloids, this can present a problem as to which end products are being synthesized by which alkaloids. Ephedrine and pseudoephedrine produce methamphetamine. Methylephedrine and methylpseudoephedrine produce dimethylamphetamine, while norephedrine and norpseudoephedrine produce amphetamine. During the analysis of a recent ephedrine extraction from a clandestine laboratory, the extraction was determined to contain ephedrine/pseudoephedrine and methylephedrine/ methylpseudoephedrine. Ephedrine and pseudoephedrine cannot be

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differentiated by GC/MS with a DB-1 column, but it was not known if methylephedrine and methylpseudoephedrine could since it differs by only 15 mass units. Norephedrine and norpseudoephedrine were also evaluated to see if they could be separated, though it was thought they could not since they are smaller than ephedrine/pseudoephedrine.

INSTRUMENTATION

AND

PARAMETERS

Instrument: ......... Hewlett-Packard 6890GC/5973 MSD GC Column: ...... DB-1 15 m long x 0.25 mm x 1.0 µm of dimethylpolysiloxane GC Parameters: .. Carrier – He, Split 50:1 Constant Flow Oven Program: .. 70°C for 1.00 min., 30°C/min. to 280°C, hold 2.00 min. MS Parameters: . 2 minute solvent delay, scan 40 to 550 amu.

RESULTS Norephedrine and norpseudoephedrine have the same retention time and mass spectra (Figure 1). Methylephedrine and methylpseudoephedrine have similar mass spectra but different retention times (Figure 2).

CONCLUSION Norephedrine and norpseudoephedrine cannot be differentiated by GC/MS where as methylephedrine and methylpseudoephedrine can. If methylephedrine or methylpseudoephedrine are believed to be present, then standards can be evaluated to differentiate them.

REFERENCES 1.

Ephedra Education Council. Ephedra Facts. 21 Dec. 2001 http://www.ephedrafacts.com

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Abundance

T IC : P P A N P S E .D

4 .9 7 6500000

norephedrine

5500000 4500000 3500000 2500000 1500000 500000 T im e - - >

3 .0 0

4 .0 0

5 .0 0

6 .0 0

7 .0 0

8 .0 0

9 .0 0

Abundance S c a n 4 9 5 ( 4 .9 7 0 m in ) : P P A N P S E .D

44 3000000 2500000 2000000 1500000

77

1000000 51

500000 0 m /z -->

30

63

57 40

50

85

70

60

70

80

98

90

A bundance

105

100

117

110

120

132 130

152 140

150

160

T IC : N P S E U D O .D

4 .9 6

7500000

91

norpseudoephedrine

6500000 5500000 4500000 3500000 2500000 1500000 500000 3 .0 0

T im e - - >

4 .0 0

5 .0 0

6 .0 0

7 .0 0

8 .0 0

9 .0 0

A bundance S c a n 4 9 3 ( 4 . 9 5 8 m in ) : N P S E U D O .D

44 3500000 3000000 2500000 2000000 1500000

77

1000000 500000 0 m /z -->

51 57 40

50

63

60

70 70

85 80

91 90

98 100

105

117 110

120

132 130

152 140

150

160

Figure 1. TIC and mass spectra of norephedrine and norpseudoephedrine

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A bunda nce 5.42

methylephedrine

400 0000

TIC : M P EM EM IX.D 5.49

methylpseudoephedrine

360 0000 320 0000 280 0000 240 0000 200 0000 160 0000 120 0000 800 000

8.23

400 000 Tim e-->

0

3.00

4.00

5.00

6.00

7.00

8.00

9.03 9.00

A bunda nce 72

S can 57 3 (5.42 3 m in): M PE M EM IX.D

260 0000 220 0000

methylephedrine

180 0000 140 0000 100 0000 600 000

m /z-->

200 000 0

42 40

49 50

56

79

63

60

70

80

91 98 105 115 90

100 110 120

133

148

162

178

130 140 150 160 170 180

A bunda nce 240 0000 220 0000 200 0000 180 0000 160 0000 140 0000 120 0000 100 0000 800 000 600 000 400 000 200 000 0 m /z-->

S can 58 4 (5.48 7 m in): M PE M EM IX.D

72

methylpseudoephedrine

42 40

49 50

56

79

63

60

70

80

91 98 105 90

117

100 110 120

133

148

162

178

130 140 150 160 170 180

Figure 2. TIC and mass spectra of methylephedrine and methylnorpseudoephedrine

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EVALUATION OF AMMONIUM TEST PAPER DWAIN WORLEY Kansas Bureau of Investigation 1620 SW Tyler Topeka, KS 66612

ABSTRACT The response of commercially available ammonium test paper to a wide range of chemicals (including numerous chemicals that may be found in clandestine laboratories) is tested as a means of evaluating the specificity of the test paper. Ammonium Test Paper Manufactured by MACHEREY-NAGEL, Duren, Germany Distributed by Gallard-Schlesinger Industries, Inc. 777 Zeckendorf Blvd. Garden City, New York 11530 Phone: (516) 229-4000, Fax (516) 229-4015 E-Mail: [email protected], Internet: www.gallard.com Product Code: 90722, Price: $38.00 (+ shipping) per box of 200 test strips Documentation provided with the product indicates that the test paper is specific for the determination of ammonia and ammonium ions.

THEORY OF TEST The ammonium test paper is based on the classic Nessler test which involves the formation of a brownish/yellow color, which results when a basic solution of alkali mercuric iodide mercuric iodide is added to solutions of ammonium salts. The test paper packaging lists potassium tetraiodomercurate (II) as the active ingredient. The reaction with ammonia is probably as follows: NH3 + 2K2HgI4 + 3NaOH -> Hg2OINH2 + 4KI + 3NaI + 2H2O NOTE: Another function of the NaOH is to free NH3 from ammonium hydroxide or ammonium salts. CAUTION! The ammonium test paper contains mercury salts and should not be allowed to contact the skin. Handle with tweezers or gloves. Dispose of properly.

EXPERIMENTAL PROCEDURE The vapor above each chemical was tested as well as direct application of the chemicals onto the test paper. Vapor testing: Samples were placed in the bottom of 10 x 75 mm disposable test tubes. A drop of 10% NaOH solution was placed on the test paper, the paper was inserted about 1-1/2 inches into the test tube and allowed to interact with the vapor

VOLUME 12 NUMBER 2 — APRIL 2002

above the sample for approximately 30 seconds. (Note: Each ammonium test paper measures ~2cm x 7cm. For these experiments, the test paper strips were cut lengthwise into 3 equal pieces so they would fit into the test tube.) Liquid/solid testing: The liquid/solid was placed directly on the ammonium test paper, which previously had 10% NaOH solution applied to it. The test results are recorded in the Table 1 using the following abbreviations: NR – No reaction with test paper + – Result that would be considered positive for ammonia - the formation of a yellow or yellowish/brown color on the NaOH saturated portion of the test paper Results that can not be explained by NR or + are described in the table or in the footnotes.

DISCUSSION Of all substances tested, only carbon disulfide (vapor but not direct) gave a response similar to that of ammonia and this response was exceedingly weak. Ammonia can be distinguished from CS2 via vapor pH (11-12 for ammonia, 4-5 for CS2). In addition, CS2 has a strong odor that is easily distinguishable from ammonia. Of particular interest is the test paper’s response to ammonium salts. When ammonium chloride (both in solid form and in a water solution) was brought into contact with the test paper, a positive result was obtained. The concentrated sodium hydroxide on the paper liberated NH3 from the ammonia salt. The test paper correctly identified this as ammonia. This is only a factor when solids or liquids are directly applied to the test paper. As expected, no reaction was observed with the vapor above the ammonium salts. The fact that the test paper can be used in screening for ammonium salts can be exploited.

SENSITIVITY A weak but acceptable positive result was obtained when the test paper was exposed to the vapor above a 0.043% aqueous solution of ammonium hydroxide in a 16 mm x 125 mm test tube. Documentation provided with the product gives the sensitivity in liquid solutions at 10 mg NH4+ per liter. No attempt was made to verify this value.

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Table 1 - Response of Ammonia Test Paper to Various Chemicals Compound Conc. NH4OH NH4Cl – solid NH4Cl – solution Methylamine (40% in water) Pyridine Diethylamine NaOH – Solid NaOH – Soln KOH – Solid KOH – Solution Sodium carbonate – solid Sodium carbonate – solution Lithium carbonate – solid Lithium carbonate – solution Hydrochloric acid Sulfuric acid Hydriodic acid (from Red P, I2 & HOH) Glacial acetic acid Methanol Ethanol Isopropanol Acetone Ethyl ether Coleman Fuel Wizard charcoal starter Diesel fuel Chloroform Toluene Nitromethane Isobutylnitrite Gamma-butyrolactone Carbon disulfide Red phosphorus Elemental iodine Tincture of iodine Phenylacetone 6 Methamphetamine (d-) base 6 Ephedrine (l-) 6 Pseudoephedrine (d-) Formaldehyde NaCl – solid NaCl – solution

Vapor + NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR + (very weak) NR 4 NR 4 NR NR NR NR NR gray - black NR NR

Direct Application to Paper + 1 + 1 + NR NR 2 See Footnote NR NR NR NR NR NR NR NR NR black and developed holes NR NR NR NR NR NR NR NR NR NR NR NR NR 3 Grayish-brown NR NR NR 4 NR 4,5 NR NR NR NR NR dark gray - black NR NR

No reaction was noted on the dry portion of the paper. The NH4Cl reacted with the NaOH on the paper generating NH3, which the paper correctly identified. 2 The diethylamine used for testing was yellowish brown. This color persisted on the paper. 3 The isobutyl nitrite reacted with the dry test paper to give a burnt-orange color. It reacted with the NaOH dampened paper to give a brownish gray color. 4 Solid Iodine and Iodine Tincture (both vapor and direct contact) turned the dry test paper brownish yellow. The portions of the paper that had the concentrated NaOH on it showed no color change. 5 Tincture of Iodine was dark brownish/yellow. When tincture was placed on the paper, the color persisted on the dry portion of the paper. 6 Methamphetamine, ephedrine and pseudoephedrine bases prepared by evaporating NaOH/ether extract of HCl salts. 1

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CONCLUSION The ammonium test paper is a highly specific indicative test for ammonia, especially when coupled with odor and vapor pH.

REFERENCES 1. 2. 3.

Ammonium Test Paper instructions provided with product Holmes, H. N.; General Chemistry; The Macmillan Company, 1941; pp. 338-339, pp. 640-641. Feigel, Fritz; Spot Tests in Organic Analysis 5th ed.; Elsevier Publishing Company, 1956; p 410.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 12 NUMBER 1 — JANUARY 2002

IN THIS ISSUE ... Officers Needed for 2002 ................................................................................2 Welcome New Members For 2000 and 2001 ..................................................2 Agents Raid Ecstasy Drug Lab At Escondido Office .....................................3 Ecstasy Lab’s Link To Cartel Is Probed ..........................................................4 Feds Link Ecstasy Case, Organized Crime .....................................................5 Lab Seizures ....................................................................................................6 Federal Register Notice: Control of Red Phosphorus, White Phosphorus and Hypophosphorous Acid (and its salts) as List I Chemicals ...........................................................11 Identification and Quantitation of γ-Hydroxybutyrate In Illicit Drug Samples ............................................................................17 David K. Rees, Stephen E. Wasem, and Elizabeth R. Patierno Lithium Gamma-Hydroxybutyrate ................................................................26 Allen J. Catterton, Erika Backstrom, and Joseph S. Bozenko

Association Officers President: John Hugel Health and Welfare – Canada 2301 Midland Ave Scarborough, ON M1P 4R7 CANADA (416) 973-2146 Vice-President: Peter Vallely Centre for Forensic Science PO Box 594 Archerfield Brisbane, QLD 4108 AUSTRALIA 61-73-274-9031 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (316) 792-4353 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Rachel Farnsworth ID State Police Forensic Services PO Box 700 Meridian, ID 83680-0700 (208) 884-7171 Past-President: Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284

2002 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Executive Board Members: Eric Lawrence Indiana State Police Laboratory 8500 E 21st St Indianapolis, IN 46219-2598 (317) 899-8521 Steve Johnson LAPD Crime Laboratory 555 Ramirez St Ste 270 Los Angeles, CA 90012-6302 (213) 847-0041

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

OFFICERS NEEDED FOR 2002 At the meeting in New Orleans, we will need to elect a Vice President (3 year term), a Membership Secretary (3 year term) and a Member At Large (2 year term). Please refer to your Constitution and Bylaws for more information about these positions or contact Pamela Johnson at [email protected]. To continue to be a great organization we need for all of the members to be involved, so please consider serving as an officer. If you know someone who you think would be a good officer please let me know and I’ll be happy to contact them. Thank you for your continued support of the organization.

WELCOME NEW MEMBERS FOR 2000 AND 2001 Congratulations on your election to membership. We are glad to have our Provisional Members from 2000 officially on board and thank them for their patience. I would encourage ALL of the new members to take an active part in the organization. It is this exchange of information that makes CLIC a very important organization to the bench chemists. Lab seizures, unusual labs, new techniques for sample handling, new laws, unusual or new drugs, by-product information, etc. is important to send into the Journal for distribution. What you are seeing in your samples or are doing in your labs may seem common to you, but may be just the solution to someone else’s problem. If you feel you can please contribute to the journal. All new members will be contacted with a letter of welcome and an invoice for 2002 Dues. Remember, if you change employment you must let the Membership Secretary, Pam Johnson, know as soon as possible. She can be reached at [email protected] or at (573) 651-2221.

CLIC APPLICATIONS ACCEPTED FOR 2000 Name ........................ Agency Scott, Karen .............. New South Wales Police Service, Australia Reynolds, Dominic ... Chemistry Centre WA, Forensic Lab, Australia Currie, Timothy ........ Chemistry Centre WA, Forensic Lab, Australia Healy, Frank ............. CA DOJ - Fresno, CA Walker, Lara ............. CA DOJ - Watsonville, CA Alfter, John ............... CA DOJ - Ripon, CA Dickan, Thomas ........ Orange Co. Forensic Science Services, CA Scola, Vincent ........... CA DOJ - French Camp, CA Cameron, Mark ......... CA DOJ - Sacramento, CA Selya, Elizabeth ........ CA DOJ - Santa Rosa, CA Beraldin, Franca ....... Health Canada - Quebec, Canada Palomino, Gerald ...... Colorado Springs Metro Crime Lab, CO Maloney, David ........ Jefferson Co Sheriff Office, CO Morales, Raul ........... DEA - Miami, FL Matchett, Christian ... GA Bureau of Investigation, GA Yamamoto, Dean ...... Honolulu PD, HI DeFrancesco, James . DEA - Chicago, IL Meyers, John ............ DEA - Chicago, IL Stoltenow, Sandra ..... IA Division of Criminal Investigation Lab, IA White, Jacob ............. IA Division of Criminal Investigation Lab, IA Kishi, Tohru .............. National Research Institute of Police Science, Japan Granlund, Amy ......... MN Bureau of Criminal Apprehension, MN Hampton, Bryan ....... St. Charles Co. S. D. Lab, MO Schell, Karen ............ MO State Highway Patrol Crime Lab, MO Atencio, Julian .......... Albuquerque P. D., NM Walton, Guy ............. Albuquerque P. D., NM Gomez, Manuel ........ Albuquerque P. D., NM Kramer, Kevin .......... OK State Bureau of Investigation, OK

CONTRIBUTING EDITORS TO THE JOURNAL Tom Barnes ............................. OSP Forensic Laboratory – Portland, OR ................................................ (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab – Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................DEA Special Testing and Research Lab – McLean, VA ......................... (703) 285-2583 O. Carl Anderson ..................... Kansas Bureau of Investigation Lab – Great Bend, KS ........................... (316) 792-4353 Jerry Massetti ........................... CA Criminalistics Institute – Sacramento, CA ........................................ (916) 227-3575 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452

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VOLUME 12 NUMBER 1 — JANUARY 2002

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Rose, Traci ................ OR State Police - Springfield, OR Felton, Melissa ......... OR State Police - Central Point, OR Thomson, Matt ......... Jackson Co. Narcotics EHF Team (JACNET), OR Johnson, Dee ............ Columbia PD, SC Cloud, Claybion ........ TX DPS - Tyler, TX Ragudo, Susan .......... Division of Forensic Science, VA Shanks, Kathy ........... WI DOJ - Milwaukee, WI

CLIC APPLICATIONS ACCEPTED FOR 2001 Name ........................ Agency Hopwood, Mark ........ Alabama Dept Forensic Science, Alabama Booth, Jane (Jill) ....... Alaska DPS - Anchorage, Alaska Osvold, Michael ....... Phoenix PD Lab, Arizona Hutchinson, Mary ..... Arizona DPS - Flagstaff, Arizona Morris, Mary ............ Arizona DPS - Phoenix, Arizona Poel, Kathleen ........... Northern Territory Police Fire Emergency, Australia Norman, Keith .......... Chemistry Centre, Australia Green, Nathan ........... Australian Federal Police, Australia Neely, Ian ................. Northern Territory Police Fire Emergency, Australia Richardson, Marla .... CA DOJ - Riverside, CA Hollomon, Kevin ...... Los Angeles PD Lab, CA Pingrey, Gloria ......... CA DOJ - Sacramento, CA Marie, Charlene ........ CA DOJ - Goleta, CA Duncan, Joel ............. CA DOJ - Watsonville, CA Chasteen, Gary ......... Los Angeles S. D. Lab, CA Phillips, Steven ......... Los Angeles S. D. Lab, CA Schumann, Lori ........ Los Angeles S. D. Lab, CA Kinney, Meghan ....... CA DOJ - Watsonville, CA Archambault, Benoit Health Canada - Quebec, Canada Aalberg, Laura .......... NBI Crime Lab, Finland Talla, Teppo .............. NBI Crime Lab, Finland Corbin, Inge .............. Miami - Dade Crime Lab, FL Catterton, Allen ........ DEA - Miami, FL Gongora, Alexandra . DEA - Miami, FL Goodlin, Scott ........... DEA - Miami, FL Stellato, Richard ....... GA Bureau of Investigation, GA Riede, Stacy A.K. ..... Honolulu PD Lab, HI Cheng Wing Chi ....... Government Laboratory, Hong Kong Donaghey, Claire ...... DuPage Co. Crime Lab, IL Martin, John .............. IL State Police Lab, IL Wilson, William ........ Cook County Sheriff’s Lab, IL Lengemann, Jason .... Independence PD lab, MO Dougherty, Patricia ... St. Louis Co Crime Lab, MO Likes, Brandy ........... St. Louis Co Crime Lab, MO LaFond, Margaret ..... New York State Police, New York Baker, Brooke ........... Miami Valley Regional Lab, Ohio Auvil, Darrell ............ OR State Police Lab - Portland, OR Gates, Kristina .......... OR State Police Lab - Portland, OR

VOLUME 12 NUMBER 1 — JANUARY 2002

Lock, Eric ................. Institut de Police Scientifique et de Ciminologie, Switzerland Love, David .............. DEA - Dallas, TX Keller, Tamara .......... DEA - Dallas, TX Redon, Ruben Jr. ...... TX DPS - Waco, TX Gay, Mary ................. DEA - Dallas, TX Wright, Christine ...... Utah State Crime Lab, Utah Dunn, Jason .............. WA State Patrol, WA Elkins, Catherine ...... WA State Patrol, WA Wasem, Steve ........... DEA - Mid Atlantic, Washington D.C.

AGENTS RAID ECSTASY DRUG LAB AT ESCONDIDO OFFICE BEN FOX Associated Press Writer SAN DIEGO (AP) — Law enforcement authorities raided an Escondido office Thursday which they say was the site of one of the largest and most sophisticated laboratories for the club-drug ecstasy ever found in the United States. The raid capped a yearlong investigation into a drug organization capable of making between 1 million and 1.5 million tabs of ecstasy a month, said Errol Chavez, Drug Enforcement Administration special agent in charge. Authorities believe they broke up the ring just as it was about to launch distribution of its product in California and Mexico, and perhaps beyond. Early Thursday, DEA agents and officers from local agencies raided the Infobase Direct Marketing office in an industrial park in Escondido, 30 miles north of San Diego. They found plastic bags filled with several thousand ecstasy pills and enough chemicals to make more than a million more, said Todd Robinson, assistant U.S. attorney. The find is significant because ecstasy typically is made overseas, primarily in Europe. More than 80 percent of the ecstasy distributed in the United States is believed to have been imported, Chavez said. “This case represents a major attempt to establish a foothold in the United States,” he said. The DEA began investigating the organization in November 2000 when it discovered the suspects were purchasing large quantities of chemicals needed to make ecstasy, Chavez said. The suspects rented the office space in the Patton Industrial Park in March and began manufacturing the drug in April, he said. Five people were arrested at the lab late Wednesday night, including Dennis Louis Alba, 52, whom authorities identified as the ringleader. The Oceanside man has a prior felony narcotics conviction, Robinson said.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION The lab was located in a room hidden behind a bookcase in the office of Infobase Direct Marketing, which lists itself with the Better Business Bureau as an Internet services company providing content for streaming videos. Investigators said the company was an Internet pornography business run by Alba. Phone messages left at the company’s number were not returned. There was no phone listing for Aaron Bartenstein, who is listed as the company president. As authorities searched the Escondido lab Thursday morning, 11 other search warrants were executed in San Diego, Los Angeles, Hemet, Perris, Costa Mesa and Los Altos. A total of 21 people were arrested and will face charges of conspiracy to manufacture and distribute ecstasy. More arrests were expected. Alba and several others were to be arraigned in San Diego on Friday. At least five people were contacted to work as distributors in San Diego, Los Angeles, San Francisco and Tijuana, Mexico, Robinson said. Investigators said a chemist who lives in Europe helped arrange shipment of the precursor chemicals. The chemist, whose name was not released, has not been arrested.

ECSTASY LAB’S LINK TO CARTEL IS PROBED MARISA TAYLOR AND JEFF MCDONALD The San Diego Union - Tribune San Diego, CA – Oct 20, 2001;

OFFICIALS SAY SUSPECTS WERE TRYING TO CONNECT The group accused of setting up an Ecstasy lab in Escondido included convicted drug dealers who authorities say were trying to forge ties with a notorious drug cartel. According to investigators, the lab was capable of producing up to 1.5 million tablets of Ecstasy a month. Last night, Drug Enforcement Administration agents seized at least $400,000 in cash believed to be connected to the ring. The money was in a storage unit in Carlsbad. They also seized books on manufacturing drugs. The lab, which federal agents raided late Wednesday night, is the first to be uncovered in San Diego County and one of the most sophisticated discovered in the United States, DEA officials said. The lab was hidden in the same rented office as an Internet pornography business. The suspects rented the office in Patton Industrial Park under the name of Infobase Direct Marketing. Yesterday, Dennis Alba of Oceanside, the suspected ringleader, and 11 others pleaded not guilty in San Diego federal court to conspiring to manufacture and distribute Ecstasy.

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Eight others also have pleaded not guilty or have arranged to surrender to authorities. If convicted, the suspects face up to 20 years in prison. If they have prior felony convictions, they could face up to 30 years. Defense attorneys yesterday downplayed the raid and arrests. They said prosecutors often seek headlines before presenting proof of wrongdoing. “I’m concerned about the media blitz in that people may prejudge the case,” said San Diego attorney Michael Pancer, who entered not guilty pleas yesterday on behalf of brothers Jason Galanis, 31, of Los Angeles and Derek Galanis, 29, of Del Mar. “Very often in a sweep like this the innocent get taken in with the guilty,” he said. According to federal documents unsealed yesterday, many of the defendants have extensive criminal records. Assistant U.S. Attorney Todd Robinson said some of the defendants met in Terminal Island federal prison in Los Angeles, although he would not reveal their names. Alba, 52, was convicted twice in the 1980s of conspiring to distribute a controlled substance, according to the documents. Donald Lee Walters, 71, of Tujunga is accused of financing the group. He was convicted in 1987 of conspiring to import and distribute marijuana in a case that named Rene Verdugo Urqudez as the lead defendant. Verdugo Urqudez was convicted in a separate case for taking part in the torture and murder of DEA Agent Enrique Camarena and is serving life in prison. Walters’ attorney, Sheldon Sherman, said his client’s prior conviction had nothing to do with the Camarena case. According to a criminal complaint unsealed yesterday, the drug ring began testing the lab last spring with the intention of producing Ecstasy in bulk. Authorities believe they raided the lab before the drug hit the streets, although they say at least five people were contacted to work as distributors in San Diego and other cities. The drug, a mild hallucinogen, sells for $20 a tablet on the street. Most Ecstasy is “cooked” in labs outside the United States, the DEA said. The agency estimates that about 80 percent of Ecstasy consumed worldwide is produced in Europe. Federal investigators said that the group’s members had international ties, and that they were trying to set up the Escondido lab to cut the costs of transporting the drug to the United States. Investigators said they also had evidence that the group was negotiating with the Joaqun Guzman Loera drug cartel to set up a lab in Mexico. Guzman, known as “El Chapo,” escaped from a maximum security prison in Mexico last January. A federal agent said in the criminal complaint that Alba set up a meeting to discuss the lab with members of Guzman’s cartel after the kingpin had escaped. Authorities said the group also turned to several companies, including one in the United States, for the chemicals needed to make the drug. Thomas Lilius, 33, is accused of brokering many of the chemical deals. Lilius is a chemist believed to be based in Stockholm, Sweden. He had not been arrested as of yesterday,

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VOLUME 12 NUMBER 1 — JANUARY 2002

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION authorities said. Hobart Huson, 33, who authorities say owns a chemical distributing company in Humble, Texas, is also accused of helping supply the group with chemicals. Huson wrote at least one how-to book on making methamphetamine, officials said. He is being held in Texas and is expected to be transferred to California. No one answered the telephone yesterday at the offices of his company, Science Alliance, which conducts much of its business over the Internet. An e-mail also went unanswered. Visitors to the company Web page may order any of scores of different products, including bulk chemicals that could be used to manufacture illegal drugs. But the Web page hints at potential illegalities associated with its products. “Attention! Our records are open to inspection by law enforcement,” it states. “Suspicious sales must be reported.” Houston attorney Gus Saper, who represents Huson, said his client regularly reports suspicious sales to the government. In recent years, Saper said, Huson has informed agents of 50 to 75 dubious orders. Huson is a middleman for many of the transactions, Saper said, arranging for shipments from suppliers to customers. “All (prosecutors) are saying is he sold some chemicals to (drug makers),” he said. “I don’t even know if the chemicals that were sold in California were sold directly by my client.” Huson also is the author of “Total Synthesis II,” a leading book on manufacturing methamphetamine, government officials allege in the criminal complaint. According to Amazon.com, the step-by-step, 291-page recipe book was written by “Strike,” an unidentified writer who also wrote another book on methamphetamine. Saper said his client is Strike. An editorial review on the Amazon.com describes Strike only as an Ecstasy and methamphetamine chemist from Texas. “Strike used to be very frustrated with the lack of common sense recipes and explanations for the production of these compounds,” the Web page reads. “So Strike wrote it all down for others to enjoy.”

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FEDS LINK ECSTASY CASE, ORGANIZED CRIME MARISA TAYLOR The San Diego Union - Tribune San Diego, CA – Oct 25, 2001;

PROBE ALSO POINTS TO TRAFFICKING IN KOSOVO The investigation of an Escondido-based Ecstasy lab unearthed possible drug ties to an organized crime family and a rebel leader in Kosovo, a prosecutor said yesterday. Assistant U.S. Attorney Todd Robinson made the allegations in San Diego federal court. He also said the same investigation led to the arrest of fugitive John Peter Galanis, a former Del Mar resident and financier who had been serving 27 years for swindling millions from investors. His son, Derek Galanis, is one of 24 defendants accused of helping set up the lab. Authorities contend that it was capable of producing up to 1.5 million tablets of Ecstasy a month. Federal agents raided the lab Oct. 17 in an industrial park. During the yearlong investigation, authorities say they taped phone conversations between Derek Galanis and Tommy Gambino, the son of a convicted drug trafficker. Federal authorities contend his father, Rosario Gambino, is an associate of the New York-based Gambino crime family. Robinson said members of the drug ring were attempting to seek financing for the Ecstasy lab from the Gambino family. Rosario Gambino is serving a 45-year prison sentence for trafficking in heroin. Tommy Gambino, who reportedly lives in California, is not charged in the Ecstasy case, and Robinson acknowledged the alleged ties between him and Galanis are “tenuous.” Michael Pancer, Derek Galanis’ defense attorney, accused the government of blowing “a great deal of smoke.” “It’s just pure speculation and has nothing to do with this case,” said Pancer, who urged a federal judge to set a $1 million bond for the release of his client. The judge ordered Galanis, 29, held without bond. James D. Henderson, a Los Angeles attorney who has represented Tommy Gambino, did not return phone calls yesterday. Robinson said the phone calls between Galanis and Gambino indicated a relationship between the two men that “may be of a criminal nature.” Robinson refused to comment further outside the courtroom. Robinson also contended that Derek Galanis, who lived in Kosovo for five months, had alleged criminal ties to a general with a rebel group in Kosovo. A U.S. government official said rebels in Kosovo have been involved in drug trafficking through Turkey and Eastern Europe. Investigators taped Derek Galanis talking about a relationship

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION with a general who authorities said is with a rebel army in Kosovo. Derek Galanis told a co-defendant that he needed to talk to the general so he could smuggle drugs, Robinson said. “We base our information not on speculation but on words that came out of Derek Galanis’ mouth,” said Robinson, who declined to reveal if the name of the general was divulged during the investigation. However, Robinson again acknowledged that the allegations are not part of the Ecstasy case, but part of the government’s argument to hold Galanis without bail. Pancer also dismissed those allegations, adding that his client went to Kosovo to open a legitimate insurance company, a venture “encouraged by the United Nations.” The business didn’t work out, and Galanis, a graduate of the private Francis Parker School in Linda Vista, returned to the United States, Pancer said. Galanis, who also has a degree in history from California State University, San Marcos, was a financial adviser for his older brother’s business, Pancer said. Authorities in San Diego discovered where John Galanis was hiding after listening to phone conversations taped during the Ecstasy investigation. Initially, Galanis had been living in Greece. Later, he moved to a $2.1 million house in Del Mar where his son and wife have been living, Robinson said.

Investigators later traced the elder Galanis to the Mexican beach resort town of Manzanillo. Mexican authorities detained him Monday and turned him over to drug enforcement agents. John Galanis is being held in the Los Angeles County jail until he is transferred to New York, where he faces escape charges, authorities said. He is not charged in the Ecstasy case. In 1987, John Galanis was indicted in New York on state and federal charges of racketeering, tax and real estate fraud, bribery of bank officials and the fraudulent takeover of a bank in Utah. At the time, government officials called it one of the largest white-collar criminal cases in the country. The charges accused John Galanis and associates of bilking hundreds of investors out of millions of dollars through a fraudulent redevelopment project in Atlantic City and of generating tens of millions of dollars’ worth of phony tax losses for 2,500 investors in a fraudulent oil-drilling scheme. He was later convicted of 44 counts of racketeering and sentenced to 27 years in prison. His business ventures didn’t end with his imprisonment. An article in Forbes magazine said John Galanis apparently was helping his older son, Jason, run credit card businesses from prison. Earlier this year, John Galanis walked away from a workrelease program and became a fugitive, authorities said. Jason, 31, also is accused of working with the Ecstasy ring and is free on a $100,000 bond.

LAB SEIZURES A TIMELY REMINDER OF THE DANGERS OF PHOSPHINE A recent case has just reinforced how easy it is even for trained clan lab investigators to become blasé about the dangers of exposure to certain chemicals. Most clan lab chemists are well aware of the deleterious effects of phosphine gas from training courses; however, it is all too easy to think of such dangers as only found in text books. In August 2001 a person was apprehended at Perth airport, on route from Brisbane, after the Western Australian police had received information about his suspicious behaviour. In his possession were found 4.8 Kg of iodine, 483 grams of pseudoephedrine (70 percent as base), a three litre round bottom flask and glass funnel, 28.4 grams of crystalline methylamphetamine (80 percent as base) and a 750 ml plastic mineral water bottle (see photos) containing a two phase liquid mixture. The clear lower aqueous layer (410 ml) was at pH 10 and the upper layer (220 ml) was a dark red colour and slightly viscous

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in appearance. The bottle cap was secured with vinyl tape at the scene and the item fortunately not investigated further by the police officers before being brought with the other exhibits to the Chemistry Centre for analysis. On opening the bottle in a fume hood a feint odour could be detected and so the headspace was tested with Draeger tubes. Phosphine gas was detected at 10 ppm - a serious cause for concern bearing in mind that the bottle had been carried in a bag as cabin luggage! The upper layer gradually turned a pale yellow colour and subsequently was found to contain approximately 140 grams of methylamphetamine oil. The hypophosphorous acid / iodine method, widely used here in Australia, is well known for producing large quantities of phosphine and was very likely the method used in this case. Dominic Reynolds Chemistry Centre WA – East Perth, Australia [email protected]

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VOLUME 12 NUMBER 1 — JANUARY 2002

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Ayahuasca at the CLIC training seminar in Monterey (September 2001) reminded me of this submission which came from one of the the nurses working at one of our drug dependency centres in 1999. The question asked was “What’s this?” The bottle illustrated contained about 40 mL of mouldy smelling dark liquid. We did a basic liquid extraction before GC/MS. One of the components had a spectrum that matched that of N,Ndimethyltryptamine. I told the nurse the bottle contained a substance controlled under the provisions of the Misuse of Drugs Act, said no, she couldn’t have it back. The bottle was photographed and eventually lawfully disposed of it. Robert K. Forrest The Medico-Legal Centre – Sheffield, UK

LEGAL STATUS OF GHB AND 4-MTA IN JAPAN On October 26, 2001, gamma-hydroxybutyric acid (GHB) and its salts, and 4-methylthioamphetamine (4-MTA) and its

PAU D’INDIO HUASCA TEA IDENTIFIED Since our lab is based in a teaching hospital and amongst our other duties provides support for caring agencies, we occasionally get asked to analyse unusual drug preparations by drug workers or nurses working with problem drug users. Most commonly, these are anabolic steroids. Natasha Urtiew’s presentation on

VOLUME 12 NUMBER 1 — JANUARY 2002

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION salts have been added to the list of narcotics in the Narcotics and Psychotropics Control Law in Japan. The legal control became effective from November 25, 2001. On June 11, 2001, the Japanese government received the notification that GHB and 4-MTA were registered as controlled substances of the Convention on Psychotropic Substances (1971) from the Secretary-General of the United Nations. The Japanese government ordinance was revised to register GHB and 4-MTA as narcotics. GHB was easily obtained in Japan, using Internet shopping. There were many Internet sites to assist the private import of GHB. According to the report of Tokyo Metropolitan Research Laboratory of Public Health, GHB was also sold at some stores and their trade names were Auraglow, Honey Bee, GHB Powder, GHB Liquid, RE MAX, LIEBES-TROPFEN, Fantasy Ball, Na-GHB, RAPE-Liquid, etc.. According to the newspaper, the cases of 4-MTA abuse are very few in Japan. However, officials worry about its potential for abuse. The laws related to abused drugs in Japan are as follows: Cannabis Control Law: July 10, 1948 Controlled substances: Cannabis Sativa L. and its products Stimulants Control Law: June 30, 1951 Controlled substances: Amphetamine, Methamphetamine and their Precursors (Ephedrine, P2P, etc.) Opium Law: April 22, 1954 Controlled substances: Papaver somniferum L., Papaver setigerum DC., Opium, etc. Narcotics and Psychotropics Control Law: Revised June 19, 1990 (Previously: Narcotics Control Law: March 17, 1953) Controlled substances: Narcotics (Heroin, Morphine, Cocaine, LSD, MDA, MDMA, etc.), Psychotropics (Barbital, Nitrazepam, Triazolam, etc.) Laws Concerning Special Provisions for the Narcotics and Psychotropics Control Law, etc.; Other Matters for the Prevention of Activities Encouraging Illicit Conduct; and Other Activities Involving Controlled Substances Through International Cooperation: October 5, 1991 Tohru Kishi National Research Institute of Police Science, Kashiwa, Japan

A CASE OF GHB OVERDOSE A Senior high-school student died in her house in September 2000. It is assumed that she killed herself in taking of a large amount of GHB, because the empty bottle of 100 g of GHB remained at the site. GHB was detected in her blood and urine.

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1.

Y. Yamamoto, M. Ueki, T. Nakagawa, I. Ushiyama, A. Nishimura, K. Ito and K. Nishi, “An autopsy case of overdose on gamma-hydroxybutyrate(GHB)”, Jpn. J. Legal Med., 55,128, 2001 Tohru Kishi National Research Institute of Police Science, Kashiwa, Japan

DRUG SUBMISSIONS IN IDAHO During 2001, the three forensic laboratories in Idaho saw a few interesting drug submissions. The Region 1 laboratory located in Coeur d’Alene received one submission of five clear capsules containing a brownish powder. The substance, which gave a brilliant green color with Marquis, was confirmed via GC/MS as 4-bromo-2,5-dimethoxyphenethylamine [(BDMPEA or 2C-B (PIHKAL #20)], a synthetic mescaline analogue. In a non-related case, the lab also received a submission of a pill which was identified as 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT). As far as clandestine lab seizures, Northern Idaho continues to see approximately half using the Birch reduction and the other half iodine/red phosphorus. The Region 3 lab located in Meridian (suburb of Boise) saw an increase in MDMA submissions during the first quarter but has steadily decreased since then. According to the agency submitting the most MDMA to this lab, the decrease in Ecstasy submissions can largely be attributed to difficulty infiltrating raves. The Meridian lab also had one submission of a clear capsule containing 5-MeO-DIPT. Clandestine lab seizures (all using iodine/red phosphorus method) have also decreased slightly, we believe, due to local law enforcement’s emphasis on trafficking activities. The Region 5 lab located in Pocatello received only about a dozen MDMA submissions, the majority from Teton County, which borders Wyoming. The resort town of Jackson Hole is nearby and is thought to be the reason for the increase over the past year. The Pocatello lab reported one large Oxycotin case in 2001. During a robbery of a Wyoming pharmacy, suspects took several thousand Oxycotin tablets. They were later apprehended while selling the tablets in Southeast Idaho. Clandestine laboratory seizures remain steady and the method of choice is still iodine/ white phosphorus, however one Birch-reduction lab was seized in Idaho Falls. Since the local phosphorus plant will be closing down this year, it will be interesting to see if labs using white phosphorus will decrease.

INDIANA METHAMPHETAMINE LEGISLATION The number of seized clandestine methamphetamine laboratories continues to increase at an alarming rate in the state of Indiana. In 1999, 178 labs were seized. In the year 2000, the

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION number of labs identified more than doubled to 427. It is projected that this year nearly 700 labs will be investigated. In an effort to address the problem associated with methamphetamine, the Indiana legislation enacted a series of new statutes. Highlighting this legislation package are the following new acts: 1. Evidence of illegal drug manufacturing creates a presumption that children, when present, are seriously endangered; 2. A law enforcement agency may destroy chemicals and drugs associated with a drug lab without a court order if properly documented; 3. A person who dumps or discards chemicals associated with drug labs commits a felony; 4. A person who possesses anhydrous ammonia in an unapproved container commits a misdemeanor, it is a felony if intent to manufacture can be demonstrated; and 5. There are significant sentencing enhancements if the manufacturer possesses a firearm and/or operates within 1,000 feet of school property, public park, family housing complex or a youth program center. Copies of the new laws upon request. Eric Lawrence and Hailey Moss Indiana State Police – Indianapolis, Indiana

COOK FOUND DEAD IN HYPOPHOSPHOROUS ACID – IODINE LAB IN TEXAS On September 22, Grand Prairie (Texas) PD narcotics officers arrived at a motel room where a deceased white male had been found. A few items remaining in the room suggested that a clandestine lab had been present. The body was nude and lying on a bed. Fecal material was on the floor. When they first arrived, officers found a 3-ppm level of phosphine by Draeger testing. The room was ventilated, and a subsequent test revealed no phosphine. During our search, we pulled the trap from the kitchenette sink. The liquid from the trap was bottled and a Draeger test pegged the 10-ppm tube. Lab testing identified traces of methamphetamine and a hydrocarbon solvent in the trap. Upon the arrest of some associates, the clandestine lab items that ostensibly had been removed from the room were found in a car. These included a bottle of hypophosphorous acid and a similar empty bottle. While the toxicology report has not been released, the autopsy report listed causes of death as including pulmonary and visceral congestion, and mild pulmonary edema. Cause of death was listed as “methamphetamine intoxication”. The incomplete evidence suggests to us that perhaps phosphine contributed to the victim’s death. Max Courtney Forensic Consultant Services – [email protected]

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SOUTH CAROLINA: THE FINAL FRONTIER FOR METHAMPHETAMINE? Introduction Longtime considered a “West-Coast” biker problem, the trend of methamphetamine abuse and clandestine manufacturing has torn a swath across the United States that has infected nearly every walk of life, ethnic group, and social class present in our society. Those of you reading this article are no strangers to this trend and are most likely more familiar with it than I am. However, until just recently, the southeastern area of the country was still enthralled with battling the cocaine/crack epidemic that had reared its ugly head in the 1980’s, and an influx of the heroin trade from overseas. Not only was methamphetamine not a concern, it was a rarely encountered phenomenon. Since the mid- to late 1990s, however, this fact is no longer true. The drug has crashed through the Midwest and Mississippi Valley area to slowly creep into the “Southern Peach” of Georgia and quaint hills of Tennessee and begun to lay siege at the last state before reaching the Atlantic. Is South Carolina the last frontier left for this drug to conquer? According to recent statistics Georgia, Tennessee, North Carolina, and even Florida have begun to feel the effects of mainstream methamphetamine traffic and clandestine manufacturing. South Carolina is now on the verge of experiencing the meth epidemic already the status quo for the rest of the country. This article is intended to show what South Carolina has begun to experience and where it has come from with respect to dealing with this new problem. History and Trends Clandestine lab seizures in South Carolina were few and far between in past years. When they were found, they tended to be relatively large scale P-2-P operations supported by outlaw motorcycle gangs. Historically, South Carolina has had a large population of outlaw motorcycle gangs both resident and transient. The numerous interstate highways bisecting the State as well as various nationally acclaimed “biker rallies” draw crowds from nearly every gang faction reported in America. The outlaw motorcycle gangs supported methamphetamine traffic into the state, but historically did most of their manufacturing elsewhere. Until recently, Mexican National dope and home tweeker labs were not an issue for the meth trade in South Carolina. This is no longer the case. Since late 1995, methamphetamine cases in general have risen dramatically. This trend is especially noticeable in counties at the State’s northwestern borders and along interstate highways. Anderson and Oconee counties border Georgia and North Carolina in the northwestern corner of the state. Methamphetamine now makes up 42% of the drug case submissions from those counties. This is double the number of meth cases in one year. Additionally, clandestine lab seizures have begun to rise dramatically, from an average of 2 in 1997, to an average approaching 30 in 2000. While these statistics may appear comical to those of you

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION averaging 400 + seizures a year, law enforcement in South Carolina is very quickly finding out how ill prepared they are to address this problem. Unfortunately, this is most likely the calm before the storm. Most lab seizures have been Birch reduction laboratories. They are set up as relatively small-scale production in stationary places, or as mobile labs in the trunks of cars, in campers, and in truck beds. Lithium camera batteries provide the metal of choice for the reaction; however, there was one lab seizure where the suspect had hand-written directions on plating sodium metal from molten sodium hydroxide using a car battery, jumper cables, and grandma’s cast iron fry pan. Anhydrous ammonia is readily available in South Carolina due to the large agricultural industry. It is also being readily stolen from railroad tankers and agencies that develop blueprints (i.e., architectural firms, contractors, etc.). For the more suave and sophisticated meth cook, anhydrous ammonia can be purchased from several compressed gas supply companies with cash and a driver’s license, or diverted from the delivery truck with a little financial lubrication to the driver. Red phosphorus/HI labs have also been encountered with nearly the same frequency. Iodine crystals are still available at various feed and tack stores as well as access to large size tincture of iodine solutions. Reagent grade HI has only been encountered in one recent seizure, as well as reagent grade red phosphorus. Matchbook strikers have been the preferred source of red phosphorus. Scientific glassware has shown up at several “red p” labs, but homemade apparatus dominates the cookware category. Both lab types are using commercial cold/decongestant tablets as their precursor source. No seizures thus far have turned up large scale sources of pure ephedrine or pseudoephedrine powder. The solvent of choice has been ether obtained from Pyroil® brand engine starter fluid sold by the case at every auto parts store, Wal-Mart, etc., in the state. Red Devil® lye has been the base of choice, and HCl gas generators are commonly encountered in the red plastic 5 gallon gas can variety containing ice cream salt and Liquid Fire® brand drain opener (conc. H2SO4) as fuel. Lab sizes have ranged from gram to pound quantity production, with production capacity in the ounce category being the norm. Final product is cut with left over pill dough, crushed nicotinamide tablets from health food stores, or left uncut. In addition to abuse and sale for profit, meth is also used as a form of currency among cooks and users in South Carolina. A gram or two of the drug often being traded for water service from a neighbor’s spigot, electrical power from outlets, rent, and even as payment for services of the world’s oldest profession. Users comprise every age group from middle school to the senior citizen, and meth is now being encountered in cases involving every ethnic group in the State’s population. Another trend in South Carolina’s clandestine meth lab dilemma is the creation of cook “groups.” One individual who knows how to cook begins soliciting the help of the abusers he/ she feeds to obtain raw materials for the synthesis. We have had as many as 8 individuals stealing, purchasing, or diverting

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ingredients to make meth in return for final product, money, or apprenticeship to learn to cook. Most of our local cooks learned from someone in the Midwestern area, or from someone who has relocated here from the West. The lack of strong legislation is one reason western cooks have stated for their relocation to South Carolina. There are no precursor laws in South Carolina, and aside from a separate “conspiracy to manufacture” charge, manufacturing methamphetamine is a lesser and included offense in South Carolina’s possession with intent to distribute law and is based on drug weight. Therefore, final product must be obtained in order to warrant a manufacturing charge. In addition to weak laws, the training of current line and narcotics officers with respect to clandestine labs is severely lacking. There have been several instances where officers have avoided potentially deadly situations only by Divine intervention and blind luck. As an old “shine” state, South Carolina officers are used to finding only one thing in tightly sealed mason jars illegal sour mash moonshine. Their first action is normally to uncap the jar, and take a big whiff of the sweet smelling liquor. Unfortunately, the same thing is occurring when officers stop mobile labs on the highway. Thus far no one has been killed, but hospitalization for inhalation injuries has occurred. Additionally, after receiving some training, most officers can remember a time when they were standing in an operational clan lab or had stopped someone with ingredients to set up a lab. This lack of formal training is another reason the clan labs are going undetected. Conclusion In closing this article I would like to reiterate its purpose. South Carolina is on the verge of experiencing the epidemic the rest of the country is now neck deep in. With statistics from the DEA showing yearly lab seizures in the hundreds for all surrounding states, South Carolina cannot wait any longer to address the inevitable. All the elements for supporting a clandestine lab culture are present in South Carolina: Large rural expanses with a large agricultural industry provide access to space and reagents (NH3), ready access to precursor materials, weak laws and penalties, and a lack of formal training for law enforcement officers. The handwriting has been placed on the proverbial wall and the rest of the country has provided excellent example with steps that need to be taken. Our contribution to this issue of the Journal was to report that we, too, are being affected, but not as badly as the rest of the nation. Truly, South Carolina seems to be the final frontier for this drug. The questions we are asking now are: When will it really hit us? What can we do to properly prepare ourselves? Michael A. Miller, B.Sc., Director Anderson/Oconee Regional Forensics Laboratory

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VOLUME 12 NUMBER 1 — JANUARY 2002

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

FEDERAL REGISTER NOTICE: CONTROL OF RED PHOSPHORUS, WHITE PHOSPHORUS AND HYPOPHOSPHOROUS ACID (AND ITS SALTS) AS LIST I CHEMICALS DEPARTMENT OF JUSTICE

SUPPLEMENTARY INFORMATION:

Drug Enforcement Administration 21 CFR Parts 1309 and 1310 [DEA Number 198F1] RIN 1117–AA57 Control of Red Phosphorus, White Phosphorus and Hypophosphorous Acid (and its salts) as List I Chemicals AGENCY: Drug Enforcement Administration (DEA), Justice. ACTION: Final Rule with request for comments. SUMMARY: This rulemaking finalizes a September 25, 2000 Notice of Proposed Rulemaking (65 FR 57577) in which DEA proposed the addition of red phosphorus, white phosphorus (also known as yellow phosphorus) and hypophosphorous acid (and its salts) as List I chemicals. This action is being taken because of the use and importance of these chemicals in the illicit manufacture of methamphetamine (a Schedule II controlled substance). As List I chemicals, handlers of these materials will be subject to CSA chemical regulatory controls including registration, recordkeeping, reporting, and import/export requirements. The Drug Enforcement Administration (DEA) has determined that these controls are necessary to prevent the diversion of these chemicals to clandestine drug laboratories. Given the small quantities of these chemicals necessary for the production of methamphetamine, no threshold is being established for domestic and international transactions. As such, all transactions (regardless of size) shall be considered regulated transactions, subject to recordkeeping, reporting and/or import/ export notification requirements. DATES: Effective Date: This final rule is effective November 16, 2001. Comment date: Written comments on 21 CFR 1309.29(b), 1309.29(c) and 1310.09(d) must be submitted on or before November 16, 2001. ADDRESSES: Comments should be submitted to the Administrator, Drug Enforcement Administration, Washington, DC 20537, Attention: DEA Federal Register Representative/ CCR. FOR FURTHER INFORMATION CONTACT: Frank L. Sapienza, Chief, Drug and Chemical Evaluation Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537 at (202) 307–7183.

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What Is the Purpose of This Notice? The Controlled Substances Act (CSA) and its implementing regulations, specifically 21 U.S.C. 802(34) and 21 CFR 1310.02(c), provide the Attorney General with the authority to specify, by regulation, additional chemicals as “List I” chemicals if they are used in the manufacture of a controlled substance in violation of the CSA and are important to the manufacture of the controlled substance. This authority has been delegated to the Administrator of DEA by 28 CFR 0.100. What Specific Chemicals Does This Regulation Include? What Related Chemicals Will Not Be Subject to This Control Action? Phosphorus is a nonmetallic element that can occur in three main allotropic (i.e. crystalline) forms (white, red and black). Elemental phosphorus is derived from phosphate rock. The most abundant variety produced is white phosphorus (also known as yellow phosphorus). Most other forms of phosphorus and phosphorus chemicals are produced from white phosphorus. The second crystalline form is red phosphorus. Red phosphorus is usually prepared as a powder and is more stable and less toxic than the white form. A black crystalline form of phosphorus is also occasionally made and is similar to graphite in its physical, thermal and electrical properties. The white and red forms of elemental phosphorus are being designated as List I chemicals. Black phosphorus and phosphate rock will not be affected by this action. Additionally, DEA is adding List I chemicals. While hypophosphorous acid (H3PO2) is most commonly sold as 10%, 30% or 50%solutions, control will apply to all aqueous dilutions of hypophosphorous acid. Salts of hypophosphorous acid are known as hypophosphite salts. These salts are also being designated as List I chemicals. Examples of these salts include: Ammonium hypophosphite, calcium hypophosphite, iron hypophosphite, potassium hypophosphite, manganese hypophosphite, magnesium hypophosphite and sodium hypophosphite. Why Does DEA Believe That Control of Red Phosphorus, White Phosphorus, and Hypophosphorous Acid (and its Salts) Is Necessary? DEA has identified these chemicals as being used in the illicit production of methamphetamine. The public health consequences of the manufacture, trafficking, and abuse of methamphetamine are well known and documented. The September 25, 2000 NPRM (65 FR 57577) demonstrated how the chemistry and illicit use of these chemicals make them important to the

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION manufacture of methamphetamine and therefore meet the definition of List I chemicals. Hence, this rulemaking makes these chemicals subject to CSA regulatory controls for List I chemicals, including registration, recordkeeping, reporting, and import/export requirements as specified in 21 CFR parts 1309, 1310 and 1313. DEA believes that these regulatory controls are needed to prevent the diversion of these phosphorus chemicals to clandestine laboratories. What Regulatory Controls Will Apply to These Chemicals? As List I chemicals, red phosphorus, white phosphorus, and hypophosphorous acid and its salts will be subject to the chemical regulatory control provisions and civil and criminal sanctions of the CSA. As such, recordkeeping, reporting and import/ export notification requirements (as described in 21 CFR parts 1310 and 1313) shall apply. Manufacturers, distributors, importers and exporters of white phosphorus, red phosphorus and hypophosphorous acid (and its salts) will be required to register with DEA pursuant to the provisions of 21 CFR part 1309. Handlers of these chemicals will also be required to maintain records and meet CSA import/export notification requirements for “regulated transactions” of these chemicals. The CSA (21 U.S.C. 802(39)) defines the term “regulated transaction” as a “distribution, receipt, sale, importation, or exportation of, or an international transaction involving the shipment of, a listed chemical, or if the Attorney General establishes a threshold amount for a specific listed chemical, a transaction involving a threshold amount”. The CSA, therefore, provides the Attorney General with authority to establish a threshold amount for “listed chemicals” if the Attorney General so elects. This rulemaking does not establish a threshold for red phosphorus, white phosphorus or hypophosphorous acid (and its salts). Therefore, all transactions regardless of size will be considered “regulated transactions”. DEA has endeavored, within this rulemaking, to limit the impact of these regulations on the affected industry. In some instances, as discussed below in the responses to specific comments (e.g., separate registration for separate locations) the specific language of the CSA established the parameters of control. However, in other areas, DEA has been able to take additional steps in these final regulations to lessen the impact of these regulatory requirements on the affected industry, while simultaneously carrying out DEA’s mandate of preventing diversion of these chemicals. When Will These Regulatory Requirements Become Effective? Effective November 16, 2001, any person distributing, importing, or exporting any of these listed chemicals will become subject to the registration requirement under the CSA. DEA recognizes, however, that it is not possible for persons who distribute, import, or export any of these listed chemicals to immediately complete and submit an application for registration and for DEA to immediately issue registrations for those activities.

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Therefore, in order to allow continued legitimate commerce in these listed chemicals, DEA is establishing in 21 CFR 1310.09 a temporary exemption from the registration requirement for persons desiring to distribute, import, or export red phosphorus, white phosphorus and hypophosphorous acid (and its salts), provided that DEA receives a properly completed application for registration on or before December 17, 2001. The temporary exemption for such persons will remain in effect until DEA takes final action on their application for registration. The temporary exemption applies solely to the registration requirement; all other chemical control requirements, including recordkeeping and reporting, are effective on November 16. 2001. Additionally, the temporary exemption does not suspend applicable Federal criminal laws relating to these listed chemicals, nor does it supersede state or local laws or regulations. All handlers of the listed chemicals must comply with applicable state and local requirements in addition to the CSA regulatory controls. Comments DEA received eight comments in response to the NPRM. While the general tone of the comments was supportive of efforts to prevent the flow of listed chemicals to clandestine laboratories, the commentors raised a number of concerns regarding certain provisions of the proposed regulation. Registration 1. Four commentors expressed concerns regarding the registration requirement for handlers of List I chemicals. These commentors requested clarification as to the need for the List I registration requirement and expressed the belief that List II controls would be adequate to address the diversion problem. DEA strongly believes that given the nature of the diversion of red phosphorus, white phosphorus and hypophosphorous acid (and its salts), the registration requirement is necessary in order to effectively prevent diversion. While neither DEA nor any commentors identified any household uses for any of these chemicals, they have been widely distributed by firms engaged primarily in retail sales to the general public. The CSA requires persons who distribute, import or export a List I chemical to obtain a registration and requires that DEA determine if such registration would be in the public interest pursuant to the criteria set forth in 21 U.S.C. 823(h). Each registration applicant would be subject to a separate preregistration investigation that would require, among other things, a visit to the applicant’s place of business and a determination as to whether the criteria regarding public interest are met. DEA will closely scrutinize each registration applicant to ensure that only those who distribute these chemicals for legitimate purposes become and remain registered. DEA has also noted that these chemicals have commonly been sold via the Internet to the general public. DEA has strong concerns regarding the sale of these chemicals via such means. DEA believes that those Internet sites which choose not to

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION prohibit the sales of such items should, at a minimum, require sellers to provide proof of DEA registration prior to listing such items for sale. The registration requirement is essential to identify rogue distributors and eliminate the ability of firms to illegally distribute these chemicals. 2. Two commentors stated that the List I registration requirement would place a significant burden on industry. One of these commentors, a major national trade association, stated that it had identified six member firms which distribute hypophosphorous acid (and its salts). The commentor further stated that two of these members have between 22 and 30 facilities and expressed concerns regarding the need to register each location. One additional commentor objected to the requirement that a separate registration be obtained at each location at which List I chemicals activities are carried out. The commentor suggested that DEA allow companies to obtain a single registration, with attendant fee, for multiple locations. The law, however, is specific on this point. The Domestic Chemical Diversion Control Act of 1993 (Pub. L. 103–200) requires that a separate registration be obtained at each location at which the List I chemicals are distributed, imported or exported (21 U.S.C. 822(e) and 958(h). 3. The previously-mentioned trade association also expressed concerns that if a firm handles multiple phosphorus chemicals, then they must obtain multiple registrations. However, DEA wishes to emphasize that registration is by individual location (and not by chemicals handled). Only one registration is required for a firm which handles multiple listed chemicals at a single location. Furthermore, there is the likelihood that chemical distributors represented by this trade association are already registered with DEA since they may already handle other listed chemicals. Therefore these firms would not be required to obtain a new registration, and instead, would only be required to add additional chemicals to their existing registration. No additional fees are required to make such additions. Additionally, DEA is attempting to reduce the financial burden of registration. On December 1, 1999, DEA published a Notice of Proposed Rulemaking (64 FR 67216) which proposed a reduction in application fees for registration and reregistration of manufacturers, distributors importers and exporters of List I chemicals. DEA proposed a registration fee of $326 and re-registration fee of $171. Importer Issues 4. Two commentors requested clarification regarding the registration of importers which distribute List I chemicals. These commentors inquired as to whether multiple registrations are required for importers which distribute. Pursuant to 21 CFR 1309.22(b), “a person registered to import any List I chemical shall be authorized to distribute that List I chemical after importation, but no other chemical that the person is not registered to import.” Therefore, an importer is not required to obtain multiple registrations to distribute a List I chemical, as long as the

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only List I chemical distributed is imported material for which the person is a registered importer. Chemical Mixtures 5. One commentor stated that its red phosphorus is distributed in a thermoplastic encapsulated form and requested that such mixtures be exempted. It is apparent to DEA that such material is considered a “chemical mixture”. Chemical mixtures are currently exempt from regulatory provisions of the CSA such as recordkeeping, registration and import/ export requirements. On September 16, 1998 (63 FR 49506) DEA proposed regulations pertaining to the regulation of mixtures containing any of 34 listed chemicals. That notice proposed criteria for the determination of whether a chemical mixture shall qualify for automatic exemption from CSA regulatory controls. The NPRM was published to implement CSA requirements that only those chemical mixtures identified by regulation be exempt from applicable regulatory controls. Additionally, the NPRM defined an application process by which manufacturers may apply for an exemption for chemical mixtures that do not qualify for automatic exemption. Upon publication of this Final Notice, red phosphorus, white phosphorus and hypophosphorous acid (and its salts) shall be subject to CSA chemical regulatory controls. However, chemical mixtures containing these chemicals shall remain exempt until such time as DEA proposes and finalizes regulations for chemical mixtures containing these chemicals. At such time, the manufacturer of chemical mixtures containing these chemicals may either qualify for automatic exemption, or may apply to DEA for exemption after documenting why the mixtures can not be easily used in the manufacture of a controlled substance and the listed chemical can not be readily extracted. Threshold Issues 6. One commentor suggested that the zero threshold would place an undue burden on the company and its customers in the research community. The commentor stated that the Special Surveillance List controls should be adequate to prevent diversion. The Special Surveillance List chemicals are subject to civil penalties for the distribution of a “laboratory supply” with “reckless disregard” for the intended purpose. Red phosphorus and hypophosphorous acid have been on the Special Surveillance List since its initial publication on May 13, 1999. DEA has determined that these civil penalty provisions alone are not adequate to prevent illicit use of these chemicals and the unregulated sale to the general public continues to be a source of diversion. DEA has concluded that these chemicals should be subject to registration, recordkeeping, reporting and import/ export notification requirements of the CSA. As noted in the NPRM, these chemicals are used as catalysts in the illicit synthesis of methamphetamine. As such, the manufacture of methamphetamine requires only small quantities of these chemicals. DEA has evidence that indicates that small transactions are being diverted for illicit use. Therefore, no threshold is being established for domestic and international transactions.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Consequently, all transactions involving these chemicals, regardless of size, shall be regulated. End Users 7. Two commentors requested clarification regarding the term “chemical handler” and the potential applicability of this regulation on end users which utilize red phosphorus in their production processes. These commentors expressed concerns that an end-user may become subject to regulatory requirements because of distribution of excess material off-site for disposal purposes or because of the transfer of stock from one company location to another. Under the proposed regulations, distributions of red phosphorus, white phosphorus and/or hypophosphorous acid (and its salts) for the purpose of disposal would be considered regulated transactions subject to all CSA chemical regulatory requirements including registration, recordkeeping and reporting. Additionally, the transfer of stock from one company location to another would require the registration of each location. However, in order to reduce any burden on end-users of these chemicals, DEA is waiving the registration requirement for any person whose activities with respect to List I chemicals are limited to the distribution of red phosphorus, white phosphorus, or hypophosphorous acid (and its salts) to: another location operated by the same firm solely for internal end-use; or an EPA or State licensed waste treatment or disposal firm for the purpose of waste disposal. This waiver of registration as it pertains to distributions for waste disposal applies only to the registration requirement and all other CSA chemical regulatory controls such as recordkeeping and reporting will still apply. It is likely, however, that the CSA recordkeeping requirements are already being met as part of normal business practice. For phosphorus, compliance with EPA and DOT regulations should document such distributions. Hypophosphorous acid shipments should be documented, but shipments of the hypophosphites may not be. Nonetheless, it is likely that chemical handlers already maintain records of shipments and customers even if shipping papers are not required. 21 U.S.C. 822(d) provides that the Attorney General may, by regulation, waive the requirement of registration of certain manufacturers, distributors or dispensers, if consistent with the public health and safety. DEA is therefore modifying 21 CFR 1309.29 to provide that “The requirement of registration is waived for any person whose activities with respect to List I chemicals are limited to the distribution of red phosphorus, white phosphorus, or hypophosphorous acid (and its salts) to: Another location operated by the same firm solely for internal end-use; or an EPA or State licensed waste treatment or disposal firm for the purpose of waste disposal”. Large Transactions 8. Two producers of elemental phosphorus requested that large transactions be exempted when shipped in reusable containers with capacities of 2500 or 2800 gallons. These

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commentors stated that these bulk containers are exclusively rail cars or large isotainers specially designed to enable safe transport. After unloading, the bulk containers are shipped back to the producers (filled with water for safety reasons due to the remaining phosphorus in the container) for reuse. Therefore, the commentors expressed concerns that their other sites and customers would possibly be subject to recordkeeping and registration requirements due to the return shipments. The commentors further stated that “safeguards already include recordkeeping, incident reporting, tamper-detection, sealed valves, and use of bulk reusable containers”. The commentors believe that “registering and tracking these types of shipments back and forth with DEA would provide no additional benefit and would impose an undue burden on DEA, our operations and our customers.” DEA agrees that return shipments should not be impacted by this regulation. DEA also recognizes the difficulty in quantifying the residual amounts of red and white phosphorus contained in these rail cars and isotainers. The CSA authorizes DEA, pursuant to 21 U.S.C. 802(39)(A)(iii), to remove certain transactions in listed chemicals from the definition of regulated transaction. Therefore DEA is excluding from the definition of regulated transaction (21 CFR 1310.08(j)), domestic transactions involving red phosphorus and white phosphorus which are return shipments (from customer to producer) in rail cars and isotainers with capacities greater than or equal to 2500 gallons. As such, these return shipment transactions will not require recordkeeping. Additionally, DEA is waiving the registration requirement pursuant to 21 CFR 1309.29(c) for any person whose distribution of red phosphorus or white phosphorus is limited solely to residual quantities of chemical returned to the producer in reusable rail cars and isotainers (with capacities greater than or equal to 2500 gallons in a single container). This exemption and waiver, however, pertain only to these return shipments. Manufacturers shall still be subject to registration, recordkeeping, reporting and other CSA chemical regulatory requirements pertaining to the production and distribution of listed chemicals to their customers. The customers will not be subject to registration or recordkeeping requirements for the return of reusable containers to the producer. However, should these customers re-distribute any of the received material (other than the return of reusable containers to the producer), they shall be subject to all CSA chemical regulatory requirements. Since the two commentors noted that they already maintain records of these transactions, it is likely that normal business records are adequate to meet CSA recordkeeping requirements. 21 CFR 1310.06(b) provides that normal business records shall be considered adequate, provided they contain information described in § 1310.06(a) and are readily retrievable from other business records. These records can be those already required by other Federal, state and local regulatory agencies. Because the above exemption was not discussed in the NPRM published on September 25, 2000, DEA requests public comment with respect to this exemption.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Interim Rule With Request for Comments This final rule will establish on an interim basis, an exclusion from the definition of regulated transaction for domestic transactions involving red phosphorus and white phosphorus which are return shipments (from customer to producer) in rail cars and isotainers with capacities greater than or equal to 2500 gallons. This final rule will also establish, on an interim basis, a waiver from the registration requirement for such activity. Additionally, this final rule will establish on an interim basis, a waiver from the registration requirement for any person whose activities with respect to List I chemicals are limited to the distribution of red phosphorus, white phosphorus, or hypophosphorous acid (and its salts) to: another location operated by the same firm solely for internal end-use; or an EPA or State licensed waste treatment or disposal firm for the purpose of waste disposal. DEA is soliciting comments only on those portions of this Final Rule pertaining to these specific issues. DEA will allow 30 days for persons to comment on the exclusion and waivers. DEA will accept comments until November 16, 2001. After the close of this comment period, DEA will publish a final rule in the Federal Register to inform interested parties if changes are needed or if the exclusion and waivers will be adopted as stated. DEA became aware of these issues via comments received in response to the September 25, 2000 NPRM (65 FR 57577). Since that Notice did not propose the exclusion and waivers, the general public did not have an opportunity to comment on these issues. DEA has determined that good cause exists under the Administrative Procedure Act (5 U.S.C. 553 et seq.) (APA) to forgo a Notice of Proposed Rulemaking for the exclusion and waivers. The APA states that an agency may forgo a NPRM if it is impracticable, unnecessary, or contrary to the public interest. To avoid unnecessary or temporary burdens on affected companies during the pendency of proceedings in this matter, DEA will include as part of this rulemaking an interim rule, with request for comments regarding these issues. Certifications This regulation is not considered to have an impact upon a substantial number of firms, given the limited distribution of these three chemicals. The Administrator hereby certifies that this rulemaking has been drafted in a manner consistent with the principles of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). It will not have a significant economic impact on a substantial number of small business entities. The Administrator further certifies that this rulemaking has been drafted in accordance with the principles in Executive Order 12866 section 1(b). DEA has determined that this is not a significant rulemaking action. Therefore, this action has not been reviewed by the Office of Management and Budget. This regulation meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988. This rulemaking does not preempt or modify any provision of

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state law; nor does it impose enforcement responsibilities on any state; nor does it diminish the power of any state to enforce its own laws. Accordingly, this rulemaking does not have federalism implications warranting the application of Executive Order 13132. This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. This rule is not a major rule as defined by Section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign based companies in domestic and export markets. The Drug Enforcement Administration makes every effort to write clearly. If you have suggestions as to how to improve the clarity of this regulation, call or write Patricia M. Good, Chief, Liaison and Policy Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, telephone (202) 307–7297. List of Subjects 21 CFR Part 1309 Administrative practice and procedure, Drug traffic control, List I and List II chemicals, Reporting and recordkeeping requirements. 21 CFR Part 1310 Drug traffic control, Reporting and recordkeeping requirements. For reasons set out above, 21 CFR part 1309 and 1310 are amended as follows: PART 1309—[AMENDED] 1. The authority citation for part 1309 continues to read as follows: Authority: 21 U.S.C. 821, 822, 823, 824, 830, 871(b), 875, 877, 958. 2. Section 1309.29 is revised to read as follows: 1309.29 Waiver of registration requirement for certain activities. (a) The requirement of registration is waived for any retail distributor whose activities with respect to List I chemicals are restricted to the distribution of below-threshold quantities of a drug product that contains a List I chemical that is regulated pursuant to § 1300.02(b)(28)(i)(D) of this chapter to an individual for legitimate medical use. (b) The requirement of registration is waived for any person whose activities with respect to List I chemicals are limited to the distribution of red phosphorus, white phosphorus, or hypophosphorous acid (and its salts) to: Another location operated by the same firm solely for internal end-use; or an EPA or State

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION licensed waste treatment or disposal firm for the purpose of waste disposal. (c) The requirement of registration is waived for any person whose distribution of red phosphorus or white phosphorus is limited solely to residual quantities of chemical returned to the producer, in reusable rail cars and isotainers (with capacities greater than or equal to 2500 gallons in a single container). (d) If any person exempted under paragraph (b) or (c) of this section also engages in the distribution, importation or exportation of a List I chemical, other than as described in such paragraph, the person shall obtain a registration for such activities, as required by § 1309.21 of this part. (e) The Administrator may, upon finding that continuation of the waiver would not be in the public interest, suspend or revoke a waiver granted under paragraph (b) or (c) of this section pursuant to the procedures set forth in §§ 1309.43 through 1309.46 and 1309.51 through 1309.57 of this part. (f) Any person exempted from the registration requirement under this section shall comply with the security requirements set forth in §§ 1309.71– 1309.73 of this part and the recordkeeping and reporting requirements set forth under parts 1310 and 1313 of this chapter.

***** (g) * * * (1) * * (ii) Red phosphorus (iii) White phosphorus (Other names: Yellow Phosphorus) (iv) Hypophosphorous acid and its salts 4. Section 1310.08 is amended by adding a new paragraph (j) to read as follows: § 1310.08 Excluded transactions. ***** (j) Domestic return shipments of reusable containers from customer to producer containing residual red phosphorus or white phosphorus in isotainers and rail cars with capacities greater than or equal to 2500 gallons (in a single container). 5. Section 1310.09 is amended by adding a new paragraph (d) to read as follows: § 1310.09 Temporary exemption from registration.

PART 1310—[AMENDED] 1. The authority citation for part 1310 continues to read as follows: Authority: 21 U.S.C. 802, 830, 871(b). 2. Section 1310.02 is amended by adding new paragraphs (a)(25) through (27) to read as follows: § 1310.02 Substances covered. ***** (a) * * * (25) Red phosphorus ... 6795 (26) White phosphorus (Other names: Yellow Phosphorus) ... 6796 (27) Hypophosphorous acid and its salts (Including ammonium hypophosphite, calcium hypophosphite, iron hypophosphite, potassium hypophosphite, manganese hypophosphite, magnesium hypophosphite and sodium hypophosphite) ... 6797

***** (d) Each person required by section 302 of the Act (21 U.S.C. 822) to obtain a registration to distribute, import, or export the List I chemicals red phosphorus, white phosphorus, and hypophosphorous acid (and its salts), is temporarily exempted from the registration requirement, provided that the person submits a proper application for registration on or before December 17, 2001. The exemption will remain in effect for each person who has made such application until the Administration has approved or denied that application. This exemption applies only to registration; all other chemical control requirements set forth in parts 1309, 1310, and 1313 of this chapter remain in full force and effect. Dated: October 5, 2001. Asa Hutchinson, Administrator. [FR Doc. 01–26013 Filed 10–16–01; 8:45 am]

***** 3. Section 1310.04 is amended by adding new paragraphs (g)(1)(ii) through (g)(1)(iv) to read as follows: § 1310.04 Maintenance of records.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

IDENTIFICATION AND QUANTITATION OF γ-HYDROXYBUTYRATE IN ILLICIT DRUG SAMPLES DAVID K. REES, STEPHEN E. WASEM, AND ELIZABETH R. PATIERNO United States Department of Justice Drug Enforcement Administration Mid-Atlantic Laboratory Washington, DC

ABSTRACT On March 13, 2000, γ-hydroxybutyrate (GHB) was placed in Schedule I of the Controlled Substances Act necessitating the development of simple methods for forensic laboratory identification and quantitation. The identification of GHB and its related compounds can be accomplished by Fourier transform infrared spectroscopy (FT-IR) and/or gas chromatography/mass spectrometry (GC/MS). Quantitation of GHB can be accomplished using high performance liquid chromatography (HPLC). Reversed phased HPLC quantitation of GHB is performed with limited success due to poor retention. The retention of GHB is improved by utilizing paired ion chromatography. The results of the quantitation of GHB in various sample matrices are reported.

INTRODUCTION GHB has been reported in the literature since 1874 [1]. There has been work with GHB as an anesthetic and a treatment for various disorders [2-4], but there is no approved medical use for GHB. Even though the Food and Drug Administration has banned sale of GHB, there has been a marked increase in the reported abuse of GHB throughout the country [5-10]. As of January 1, 2000, law enforcement officers have encountered over 150 clandestine laboratories and submitted over 500 exhibits for analysis [10]. GHB is typically synthesized from γ-hydroxybutyric acid lactone (GBL), and the procedures used to prepare GHB are readily available on the internet. GBL and 1,4-butanediol are also used to obtain the same “high” as GHB since the body can metabolize both to GHB [10].

Since GHB, GBL, and 1,4-butanediol have been identified in illicit drug samples, it is important that a forensic drug laboratory be able to differentiate these compounds. Their identification can be accomplished by FT-IR when the sample matrix is simple or by GC/MS when the sample matrix is more complex. GHB must be derivatized prior to GC/MS analysis since GHB converts to GBL in the injection port. The quantitation of GHB can be accomplished using HPLC. HPLC, unlike gas chromatography (GC), is well suited to quantitate GHB due to its compatibility with sample matrices commonly encountered (i.e., water and other beverages). Also, unlike GC, HPLC does not require sample derivatization for quantitation. Methods for reversed phase liquid chromatography have been reported [11-13]; however, these methods appear to have very low capacity factors (k’) for GHB. The k’ for GHB on a reversed phase HPLC column can be improved by utilizing paired ion chromatography. With this technique the retention of a poorly retained charged species is increased by “pairing” the analyte ion with an organic counter ion [Fig. 1][14].

EXPERIMENTAL Chemicals HPLC grade water, and GC/MS grade chloroform were purchased from Burdick and Jackson. Phosphoric acid and sodium phosphate monobasic monohydrate were purchased from J. T. Baker. PIC A Low UV Reagent was purchased from Waters Corporation. 1,4-Butanediol was obtained from the Drug Enforcement Administration’s Special Testing and Research Laboratory. γ-Hydroxybutyrate, γ-hydroxybutyric acid lactone,

CH 3 O HO

O

-

+

+

H3 C(CH 2 ) 3

N

(CH 2 ) 3CH 3

(CH 2 ) 3 CH 3

CH 3

O

(CH 2 ) 3 HO

(CH 2 )3 O H3 C(CH 2 )3

N

(CH 2 )3 CH 3

(CH 2 )3 CH 3

Figure 1: Ion Pair of GHB with Tetrabutylammonium Ion

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Figure 2: Infrared spectrum of γ-hydroxybutyrate sodium salt. and N,O-bis-[trimethylsilyl]trifluoro-acetamide (BSTFA) were purchased from Sigma. All materials were used as received. Instrumentation A Mattson Genesis II FT-IR equipped with a single bounce diamond attenuated total reflectance (ATR) cell was utilized to obtain the infrared spectrum. The sample was scanned 32 times with a resolution of 4 cm-1 from 4000 cm-1 to 650 cm-1. A HewlettPackard HP6890 Gas Chromatograph interfaced with a HP5973 Mass Selective Detector was utilized to obtain the mass spectrum with the following parameters: Column: HP-5MS (30 m, 250 µm id, 25 µm film thickness) Column Flow: Helium at 1.0 mL/minute Split Ratio: 100:1 at 11.6 psi Injection Volume: 1 µL Injection Port Temperature: 270°C Oven Temperature: Initial Temperature: 120°C for 2 minutes Ramp Rate: 20°C / minute Final Temperature: 270°C for 2 minutes Transfer Line Temperature: 270°C Electron Voltage: 70 eV Scan Range: 40-400 m/z Solvent Delay: 1.5 minutes A Waters Alliance 2690 HPLC equipped with a vacuum degasser, temperature controlled column compartment, and an ultraviolet (UV) detector was utilized using the following parameters:

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Column: Phenomenex Aqua (4.6 X 250 mm, 5 µm particle size) Guard Column: Phenomenex Aqua SecurityGuard (4.0 x 3.0 mm), double stacked Mobile Phase: 100 mM NaH2PO4, 5 mM Tetrabutylammonium Sulfate, pH = 6.5 Flow Rate: 1.0 mL/minute Wavelength: 202 nm, 1.2 nm resolution Injection Volume: 5 µL Temperature: 30°C All samples were dissolved in the mobile phase to a concentration between 0.40 mg/mL and 10.0 mg/mL and filtered with a 0.2 µm filter. Derivatization of GHB for GC/MS Analysis Approximately 5 mg of GHB was added to 500 µL of 25% BSTFA in acetonitrile in a screw top vial. The vial was heated to 70°C for 30 minutes. The sample was allowed to cool and then transferred to a vial for GC/MS analysis [15-18].

RESULTS/DISCUSSION The methodology chosen to identify GHB, GBL, and 1,4-butanediol is dependent on the type of matrix in which the compound is present. If the sample is relatively pure or in a “clean” sample matrix (i.e., water), identifying any one of the three compounds can be accomplished by FT-IR [15,18-20]. All three compounds can be easily distinguished from each other by their FT-IR spectrum [Fig. 2-4]. GHB samples that were in water were simply evaporated to dryness over low heat on a steam bath. The resulting crystals were placed on the ATR

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION sample stage. The spectrum obtained matched the standard spectrum for GHB sodium salt [Fig. 5]. When GBL is in a sample with GHB, it can be easily separated using a chloroform wash. If the sample matrix is too complex (i.e., sodas, beers, sport drinks, etc.) to perform FT-IR identification, GC/MS can be utilized to identify the compound in the sample. When using GC/MS for compound identification, the sample must be derivatized with a derivatizing reagent, such as BSTFA. The derivatization must be performed since GHB will undergo a ring closure at high temperatures converting the GHB to GBL [Fig. 6]. The sample must be free of water, or the derivatization will be quenched. In addition, 1,4-butanediol can also be derivatized with BSTFA. If one has difficulty obtaining a derivatized mass spectrum of GHB, the procedure used by Couper and Logan [17] for the extraction and derivatization has been found to work on samples in more complex matrices. Once derivatized, the sample can be injected onto the GC/MS in order to ascertain the identity of the compound or compounds present in the sample [Fig. 7]. The mass spectra of the di(trimethylsilyl) derivatives of GHB and 1,4-butanediol have similarities; however, significant differences between the spectra are discernable [Fig. 8,9]. Both compounds give a base peak at 147 m/z and have significant fragments at 73 m/z and 133 m/z. However, GHB has significant fragments at 117 m/z, 204 m/z and 233 m/z, while 1,4-butanediol has significant peaks at 101 m/z, 116 m/z, 177 m/z and 219 m/z. The molecular ions of the di(trimethylsilyl) derivatives of GHB and 1,4-butanediol are small but can be found at 248 m/z and 234 m/z respectively. GBL will not derivatize with BSTFA and has a simple mass spectrum with a base peak at 42 m/z and molecular ion at 86 m/z [Fig. 10].

Once the presence of GHB has been determined, HPLC can be utilized to determine the concentration in a sample. The use of reversed phase liquid chromatography in the quantitation of GHB results in a very low k’, and therefore the system has limited ability to separate GHB from other unretained species or from the baseline disruptions caused by the injection artifact [11-13]. Paired ion chromatography substantially increases the k’ of GHB resulting in a 61.5% increase in GHB’s retention time from 3.526 minutes to 5.696 minutes [Fig. 11,12]. It should be noted that the retention time for GBL is greatly effected by the ionic strength of the mobile phase. The higher the ionic strength of the buffer, the greater the retention time of GBL in both paired ion and reversed phase liquid chromatography. Using the conditions stated above, it was determined that GHB was linear between 0.40 mg/mL and 10.0 mg/mL. The linear least-squares fit demonstrated a correlation coefficient (r2) greater than 0.9999. The percent difference between the known standard concentration and the calculated concentration using the linear least-squares fit line varied by a maximum of ± 1.96% at 0.40 mg/mL. The percent relative standard deviation for five replicate injections was determined to be less than 0.5% for all concentrations. A method should be linear and reproducible, but it must be able to successfully quantitate samples in matrices like those that are encountered in actual clandestine samples. A number of different sample matrices were spiked with GHB sodium salt and quantitated using paired ion chromatography [Fig. 13]. The calculated percent recovery should be between 95% and 105% for a given sample matrix for the method to be valid [12]. In this study, only 2 samples fell out of this range due to coelution

Figure 3: Infrared spectrum of γ-hydroxybutyric acid lactone.

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Figure 4: Infrared spectrum of 1,4-butanediol. of endogenous peaks from the sample matrix [Fig. 14]. It should be noted that the pH of the sample matrix affects the ratio of GHB to GBL. If the sample is in an acidic matrix, the GHB in the matrix will convert to GBL over time. However, the conversion of GHB to GBL does not appear to be an instantaneous process nor does it appear that all the GHB in the sample will undergo the conversion to GBL [21].

CONCLUSION

REFERENCES

3. 4. 5. 6.

Saytzeff A., Ann.1874; 177: 258. Laborit, H, Jouany, J., Gerard, J.; Fabiani, P., NeuroPsychopharmacol., Proc 1961, 2, 490. Mamelak M., Scharf M.B., Woods M., Sleep 1986; 9: 285-289. Gallimberti L., Ferri M., Ferrara S.D., Fadda F., Gentile N., Gessa G.L. et al., Lancet, September 1989; 30:787-789. Quarterly Trends in Traffic, 3rd Quarter FY-99, Drug Enforcement Administration, Miami Field Division, Miami FL, 1999. Quarterly Trends in Traffic, 2nd Quarter FY-99, Drug

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8. 9.

The analysis of GHB can be accomplished using very simple methodology. FT-IR can be used to identify a sample of GHB, GBL, and 1,4-butanediol when the sample matrices are “simple.” If the sample matrix is complex, GC/MS analysis can be utilized after derivatization with BSTFA. Quantitation of GHB can be accomplished using a paired ion HPLC method for most sample matrices.

1. 2.

7.

10. 11. 12. 13.

14. 15. 16. 17.

Enforcement Administration, San Francisco Field Division, San Francisco CA, 1999. Quarterly Trends in Traffic, 2nd Quarter FY-99, Drug Enforcement Administration, Philadelphia Field Division, Philadelphia PA, 1999. Quarterly Trends in Traffic, 3rd Quarter FY 2000, Drug Enforcement Administration, New Orleans Field Division, New Orleans LA, 2000. Quarterly Trends in Traffic, 3rd Quarter FY 2000, Drug Enforcement Administration, San Francisco Field Division, San Francisco CA, 2000. Diversion Quarterly, Special 2000, Drug Enforcement Administration, Office of Diversion, Washington DC, 2000. Mesmer M.Z., Satzger R.D., J. Forensic Sci 1998; 43(3), 489-492. Analysis of Drugs Manual, Vol. 2, 2nd Edition, Drug Enforcement Administration, Office of Forensic Sciences, Washington DC, 2000. Garcia A. D., “Quantitation of Gamma-hydroxybutyric Acid and Gamma-butyrolactone Using Capillary Electrophoresis and High Performance Liquid Chromatography.” Proceedings of the American Academy of Forensic Sciences, 2000. Meyer V.R., Practical High-Performance Liquid Chromatography. 2nd Edition, Wiley, 1994, pp 183-189. Johnsone R.E. and Bussey J.L., FDA Laboratory Information Bulletin; No 3532. Bommarito C., J. Clandestine Investigating Chemist Association, July 1993; 3(3) 10-12. Couper F.J. and Logan B.K., J. Anal Toxicol JanuaryFebruary 2000; 24:1-7.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 18. Blackledge, R.D. and Miller, M.D., Microgram July 1991; XXIV (7): 172-179. 19. Morris, J.A., Microgram August 1999, XXXII (8): 215-221. 20. Catterton, A.J., Microgram January 2001, XXXIV (1) 15-20

21. Ciolino, L., and Mesmer, M., “Bridging the Gap Between GHB and GBL, Forensic Issues of Interconversion.” Proceedings of the American Academy of Forensic Sciences, 2000.

Figure 5: Infrared spectrum of γ-hydroxybutyrate, sodium salt from an aqueous sample.

O HO

-

+

O Na

∆

O

O

Figure 6: Heat catalyzed conversion of GHB into GBL

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Abundance TIC: DKR98.D

3.06

3500000

Di(trimethylsilyl) Derivative of 1,4-Butanediol

3000000 2500000 2000000 3.63 Di(trimethylsilyl) Derivative of GHB

1500000 1000000 500000 Time-->

GBL 1.80

0

2.00

2.50

3.00

3.50

4.00

4.50

5.00

5.50

Figure 7: Total ion chromatogram of a derivatized sample containing GHB, GBL and 1,4-butanediol

Abundance

Scan 483 (3.630 min): DKR99.D 147

1200000 1100000 1000000 900000 800000 700000 600000 500000 400000

73

300000 200000 100000 m/z-->

0

117 45 40

59 60

85 80

133

103 100

233

120

140

204 218 175 191 160 180 200 220

159

247 240

Figure 8: Mass spectrum of di(trimethylsilyl) derivative of GHB

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Abundance

Scan 350 (3.068 min): DKR99.D

147

2000000 1800000 1600000 1400000 1200000 1000000 800000

116

600000

73

400000 200000 0

m/z-->

45

101

59

177

133

87

163

203

219

234

40 50 60 70 80 90 100 110 120 130 140 150 160170 180 190 200 210 220 230

Figure 9: Mass spectrum of di(trimethylsilyl) derivative of 1,4-butanediol

Abundance

Scan 49 (1.798 min): DKR99.D

42 450000 400000 350000 300000 250000 200000

56

86

150000 100000

40

50000 m/z-->

0 36

44 40

44

50 48

53 52

58 56

88

70 60

64

68

72

76

80

84

88

Figure 10: Mass spectrum of GBL

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 0.35

GHB - 3.526

0.30 0.25

AU

0.20 0.15 0.10 0.05 0.00 1.00

2.0 0

3.00

4 .00 Minutes

5.00

4.00 Minut es

5.00

6.00

7.00

8. 00

Figure 11: Reversed phase chromatography of GHB (mobile phase = 100mM NaH2PO4 pH = 6.5) (Rt of GBL is > 15.0 minutes.)

GHB - 5.696

0.25

0.20

GBL - 6.474

AU

0.15

0.10

0.05

0.00 1.00

2.00

3.00

6.00

7.00

8.00

Figure 12: Paired ion chromatography of GHB

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

0.12

AU

GHB - 5.725

0.08

GHB - 5.724

0.10

0.06 0.04

GHB - 5.682

0.14

0.02 0.00 4.00

5.00

6.00

7.00 Minutes

8.00

9.00

10.00

Figure 13: Chromatograms of GHB in Sprite, Ginger Ale and Coca-Cola. (front to back)

110.00% 105.00% 100.00% 95.00% 90.00% 85.00% 80.00% 75.00% 70.00% 65.00% 60.00%

Ginger Ale Caffeine Free Diet Coke M ountain Dew Gator Aide Orange M iller Genuine Draft Apple Juice

Sprite Diet Cherry Coke Snapple Peach Ice Tea Gator Aide Lemon Lime Coor's Light

Coca Cola Wild Cherry Pepsi Snapple Pink Lemonaide Gator Aide Fruit Punch Pete's Wicked Ale

Figure 14: Percent recovery of GHB in various sample matrices.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LITHIUM GAMMA-HYDROXYBUTYRATE ALLEN J. CATTERTON, B.S. AND ERIKA BACKSTROM, B.S. DEA Southeast Laboratory, Miami, FL

JOSEPH S. BOZENKO B.S., D.E.A. Special Testing and Research Laboratory, Chantilly, VA

INTRODUCTION Gamma-Hydroxybutyrate, also known as GHB, “G”, Scoop, Liquid X, and Liquid Xtacy is one of the “Club Drugs” that is being abused at dance clubs and raves. During a rave, abusers will start with Ecstacy, primarily 3,4-methylenedioxymethamphetamine (MDMA). MDMA causes an euphoric feeling coupled with a great deal of energy that could last up to 12 hours. Consequently, the abusers are looking for drugs that will help bring them down from the MDMA high. GHB, a therapeutic anesthetic comes into use for this purpose. GHB still gives the abusers a euphoric feeling but slows them down from the MDMA high. GHB has also been linked to date rapes accomplished by slipping GHB in an alcoholic drink. The synergistic effect with alcohol incapacitates the victim. Generally, the victim has little to no memory of the incident. An Internet site which focuses on GHB, recently noted that it was “Good to mix your GHB’s.” The site explained how mixing the sodium and potassium salt forms of GHB replenishes your electrolytes after a rave. Further investigation revealed recipes for making calcium, lithium, magnesium and even ammonium salts of Gamma-hydroxybutyrate. However it was reported that ammonium salt forms were discouraged due to the fact that a possible side reaction could produce pyrrolidone, a solvent typically used with petroleum processing [1]. These salt forms of GHB may not be popular now, however if the purchase of large amounts of NaOH and KOH are monitored, like red phosphorous and pseudoephedrine for the production of methamphetamine, the clandestine chemist may look for new precursors in the production of GHB. Another issue is the possible effect of different salt forms on physiological activity. There have been no reports of sodium and potassium GHB giving different physiological or psychological effects. However, lithiumcontaining salts, when ingested are reported to cause impaired concentration, lethargy, irritability, dehydration, confusion, and drowsiness [1]. These physiological effects caused by lithium could possibly be potentiated by GHB. Such a possibility may elicit experimentation by the clandestine chemist. Lithium salts such as lithium carbonate and lithium citrate have been used for many years to treat manic episodes of Bipolar Disorder and Manic-Depressive illness [2]. To prevent lithium toxicity, the prescribing doctor heavily monitors this treatment since the toxic levels for lithium are close to the therapeutic levels [2].

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With the abuse of GHB on the rise and clandestine chemists creating new and improved formulas to circumvent the law or create a better high for the abuser, lithium GHB might have an audience for experimentation. The possible effects of lithum ions on the human body in conjunction with GHB could be hazardous. The forensic chemist will need to have the capabilities to discern between the various salt forms of GHB. This paper will demonstrate the differences between the lithium GHB infrared spectrum to the sodium and potassium GHB infrared spectrum.

EXPERIMENTAL Reagents Gamma Butyrolactone (GBL) lot # 08907AG from Aldrich, lithium hydroxide monohydrate (LiOH · H2O) from Sigma, potassium hydroxide (KOH) from EM Science, and sodium hydroxide (NaOH) from VWR Scientific were used to prepare the standards in this experiment. IR grade potassium bromide (KBr) was purchased from Sigma. Also reagent grade H2O and ethanol were used in the experiment. Instrumentation A Nicolet Magna 560 infrared spectrophotometer with a potassium bromide (KBr) beamsplitter and a Deuterated Triglycine Sulfate (DTGS) KBr detector was used in the infrared determination. A Durascope Dicompä attenuated total reflectance (ATR) accessory with a 3-bounce Diamond ATR element was utilized. The resolution was set at 4.000 cm-1 for 32 scans between 4000 cm-1 and 550 cm-1. The mirror velocity was 0.6329 cm per second. Procedure The first step was to synthesize NaGHB, KGHB, and LiGHB. 1.0 gram of GBL was added to 3 different flasks with 50.0 mL of H2O. The appropriate amount of base was slowly added to the water over a steam bath [Table 1]. When the pH reached approximately 7 the solution was removed and let stand overnight. The solution was reduced to a dry powder on a hotplate at 100°C then further dried in a vacuum oven at a temperature of 75°C with a vacuum of -25 in Hg (-84 kPa) for 4 hours. After the samples were exsiccated, the infrared spectrophotometer was utilized to analyze the carboxyl salts.

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Table 1. GBL (grams) 1.0 1.0 1.0

NaGHB KGHB LiGHB

xOH (grams) 0.46 0.65 0.42

Next, the lithium carboxyl salt was prepared using an alternative method. 24 mL of a 25% ethanol solution was combined with 4.9 g of LiOH · H2O in a reflux apparatus. The solution was heated to a gentle boil and 10.0 mL of GBL was slowly added. Once all the GBL is added to the solution, all of the LiOH · H2O will have dissolved. The solution was then refluxed for approximately 1 more hour. After 1 hour, the reflux condenser was removed and the volume of the solution was reduced by one half. The solution was then allowed to cool to room temperature. After cooling, the solution was dried in a vacuum oven at a temperature of 75°C with a vacuum of -25 in Hg for 24 hours. After the LiGHB was exsiccated, an infrared spectrometer utilizing KBr for an absorbance spectrum [Figure 5] and a 3 bounce diamond ATR for a reflectance spectrum [Figure 4] was used to analyze the resultant dried powder.

H2O (mL) 50.0 50.0 50.0

DISCUSSION The first synthesis of LiGHB was successful, however, the infrared spectrum was not as well defined as the other two salt forms [Figure 3]. Two possible reasons could explain the lithium salt form being less susceptible to infrared analysis than the sodium or potassium GHB salts. It is a well-known fact that potassium and sodium salts of GHB are hygroscopic to the point of deliquescence, by all practical considerations LiGHB should exhibit the same properties. Possibly, the rate of absorption of water might be greater for the lithium salt, which causes the distorted infrared spectrum. Another reason could be the preparation. The lithium hydroxide used was the monohydrate while the others were anhydrous. The second experiment produced a lithium GHB salt form that had definition and sharp peaks when analyzed with an infrared spectrophotometer, indicating the LiGHB was dry when analyzed [Figure 4].

Figure 1. Sodium Gamma Hydroxybutyric Acid (ATR) 100 95 90 85 80 75 70 65

%T

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Figure 2. Potassium Gamma Hydroxybutyric Acid (ATR) [4]

95

90

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When the hydrogen is removed from a carboxylic acid to make a carboxyl salt, it causes a “bond and a half” oscillator from the C=O to the C-O-, which results in a strong CO2- asymmetric stretch at 1650 – 1540 cm-1 [3]. This is represented in all three synthesized salt forms of GHB [Figures 1, 2, and 4]. However, the lithium salt has a doublet in this region. This may be due to the contribution of the stronger bond between the ester oxygen and the lithium atom. The lithium ion being smaller, in comparison with sodium and potassium atoms, would have a stronger bond [7]. This may give way to a symmetric and asymmetric CO2stretch which results in the doublet. Wagging of the methylene groups are typically seen between 1380 – 1150 cm-1 , this is also represented in all three salt forms [Figures 1,2,4] [3]. The three salt forms differ in the region from 800 – 650 cm-1. In non-aromatic compounds, generally weak singlets are seen here from the methylene rocking. These three carboxyl salts differ distinguishably from having strong defined peaks (KGHB) to relatively no defined peaks (NaGHB). Given the radius of the group IA metals: lithium 6.94 amu, sodium 22.99 amu, potassium 39.10 amu, analysis of the three salts utilizing Nuclear Magnetic Resonance (NMR) in D2O, shifts in the proton spectrum might be assumed. However, no discernible shifts were detected between the sodium and lithium salts. Presumptive tests to determine what salts may be encountered are available. Zinc uranyl acetate will easily determine if sodium

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or potassium is present in the sample. Sodium carbonate is used to presumptively determine if lithium is present. The following details the preparation and application of the presumptive tests. Zinc Uranyl Acetate: Preparation: A) Dissolve 10 g of uranyl acetate in 50 mL of acetic acid (B) Stir 30 g of zinc acetate in 3 mL of 30% HOAc, dilute to 50 mL with water. Warm both solutions and mix. Heat to clear solution. Add a small amount of NaCl and let stand overnight. Filter off any precipitated zinc uranyl acetate, and use the clear solution [5]. Procedure: Place a small amount of sample on a glass slide. Add the reagent. (Sample can be solid or liquid) Observe under a microscope. Results: Sodium cations produce pyramid-shaped crystals. Potassium cations produce long needles around the edges. Sodium Carbonate: Procedure: Place one drop of your sample in an aqueous solution on a glass slide and allow solution to mix with sodium carbonate crystals. Observe under a microscope for at least two minutes [6].

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The presumptive test will produce birefringent hexagonal plates that are lithium carbonate.

CONCLUSION Certain Internet sites have already implanted the seeds of ideas for new salt forms of GHB. The lithium salt form of GHB may have an appeal due to the use of lithium in psychoactive medicine. If the effects of this metal ion are synergistic with GHB, the analysis of the salt form may prove vital in future investigations. One effective method for determining the salt forms of GHB is the infrared spectrometer. This technique allows the individual analyst to tell the difference between the lithium salt form from the other common salt forms of GHB.

4.

5.

6. 7.

Walker, Lara, “Identification of the Potassium Salt of Gamma-Hydroxybutyrate (GHB-K+)”, Journal Clandestine Laboratory Investigating Chemists, Vol. 9, No. 1, 1999, pp. 17-21. McKibben, T.D., Chappell, J.S., Evans, H., Mausolf, N. “Analysis of Inorganic Components Found in Clandestine Drug Laboratory Evidence.”, Journal Clandestine Laboratory Investigating Chemists, Vol. 5, No. 4, 1995, p. 33. Vogel, A.I.Vogel’s Qualitative Inorganic Analysis. 6th ed. Longman Scientific and Technical & John Wiley and Sons. 1987, pp. 280-281. McKibben, T.D., DEA Special Testing and Research Laboratory, Chantilly, VA., personal communication.

REFERENCES 1. 2. 3.

Budavari, S. Editor., The Merck Index 12th Edition. Merck Research Laboratories, 1996, pp 5544. Physicians’ Desk Reference. Medical Economics Company, Inc. 53rd Edition, 1999, pp. 2750. Colthup N.B., Daly L.H., Wiberley S.E., Introduction to Infrared and Raman Spectroscopy, 2nd Edition. Academic Press, Inc. 1975, pp. 220-320.

Figure 3 Lithium Gamma Hydroxybutyric Acid (ATR) Hydrated 95 90 85 80 75 70 65 60

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Figure 4. Lithium Gamma Hydroxybutyric Acid (ATR) 95 90 85 80 75

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Figure 5. Lithium Gamma Hydroxybutyric Acid (KBr) 95 90 85 80 75 70 65 60

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 12 NUMBER 3 — JULY 2002

IN THIS ISSUE ... Officers, Membership Candidates For 2003 ....................................................2 Lab Seizures ....................................................................................................3 Vitamin B And Genseng Tablets Sold As MDMA Are Not Controlled Substance Analogs ......................................5 Methamphetamine Synthesis Inhibition: Dissolving Metal Reductions ..................................................................10 Craig Kelly,David S. Lawrence, George M. Murray, and O. Manuel Uy

Association Officers President: John Hugel Health and Welfare – Canada 2301 Midland Ave Scarborough, ON M1P 4R7 CANADA (416) 973-2146 Vice-President: Peter Vallely Centre for Forensic Science PO Box 594 Archerfield Brisbane, QLD 4108 AUSTRALIA 61-73-274-9031 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (316) 792-4353 Membership Secretary: Pamela M. Johnson SEMO Regional Crime Laboratory SE Missouri State University Cape Girardeau, MO 63701-4799 (573) 651-2221 Editorial Secretary: Rachel Farnsworth ID State Police Forensic Services PO Box 700 Meridian, ID 83680-0700 (208) 884-7171 Past-President: Richard Laing Health and Welfare – Canada 3155 Willingdon Green Burnaby, BC V5G 4P2 CANADA (604) 666-8284

2002 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Executive Board Members: Eric Lawrence Indiana State Police Laboratory 8500 E 21st St Indianapolis, IN 46219-2598 (317) 899-8521 Steve Johnson LAPD Crime Laboratory 555 Ramirez St Ste 270 Los Angeles, CA 90012-6302 (213) 847-0041

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OFFICERS, MEMBERSHIP CANDIDATES FOR 2003 The time is fast approaching for our September meeting. The organization will need to elect a Vice President (3 year term), a Membership Secretary (3 year term) and a Member At Large (2 year term). If you are interested in helping CLIC to continue to grow and provide the same level of quality information to the membership please consider being a part of the board. Please contact Pamela Johnson at [email protected] or (573) 651-221 if you would like to be a candidate or need more information on the subject. The following individuals have applied for membership in the Association. If, for any reason, you believe any of the individuals below are unsuitable for consideration, please contact Pamela Johnson at (573) 651-2221, fax - (573) 651-2533, or email at [email protected].

ASSOCIATE MEMBERSHIP CANDIDATES Name ........................... Agency Berezansky, Paula ........ National Drug Intelligence Center, PA Purviance, Tait ............. Pierce Co. Sheriff’s Dept, WA

REGULAR MEMBERSHIP CANDIDATES Name ........................... Agency Getnby, Wayne ............ ESR, New Zealand Chalmers, Megan ......... ESR, New Zealand Flamini, Paola Dr. ........ Servic Polizia Scientifica, Italy Lumaca, Egidio ............ Servic Polizia Scientifica, Italy Lee, Christopher ........... CA DOJ Fresno Lab, CA Wallace, Kirsten ........... CA DOJ Chico Lab, CA Escamilla, Brian ........... Sacramento County Crime Lab, CA

CONTRIBUTING EDITORS

Striebel, Robert ............ Colorado Springs Metro Crime Lab, CO Scott, Deneen ............... Georgia Bureau of Investigation, GA Brown, Jesse ................ Georgia Bureau of Investigation, GA Beatty, Amy ................. Georgia Bureau of Investigation, GA Kopp, Tanja ................. Georgia Bureau of Investigation, GA Nord, Anne .................. Idaho State Police Forensic Services, ID Sobieralski, Carl ........... Indiana State Police Lab, IN Moss, Hailey ................ Indiana State Police Lab, IN Litofsky, Irvin .............. Baltimore County P.D. Forensic Service Section, MD Krey, Brian ................... St Charles County Crime Lab, MO Lepper, Matthew .......... Missouri Hway Patrol Crime Lab, MO Fertig, Camie ............... Nebraska State Patrol Crime Lab, NB Hamlin, Ann ................. North Carolina Bureau of Investigation, NC Robert, Casey ............... Oregon State Police, OR Borngasser, Jeffrey ...... Oregon State Police Lab, OR Conrad, Brandon .......... Texas DPS Tyler, TX Gibson, Keith ............... Texas DPS Houston, TX Pence, Tommy ............. Texas DPS Waco, TX Jackson, Linda ............. Virginia Division of Forensic Science, VA Reid, Steve ................... Washington State Patrol, WA

TO THE

JOURNAL

Tom Barnes ............................. OSP Forensic Laboratory – Portland, OR ............................................... (503) 229-5017 Richard Laing ..........................Health Canada Drug Analyses Lab – Burnaby, B.C. ............................... (604) 666-3479 Tim McKibben ........................DEA Special Testing and Research Lab – McLean, VA ......................... (703) 285-2583 O. Carl Anderson ..................... Kansas Bureau of Investigation Lab – Great Bend, KS .......................... (316) 792-4353 Jerry Massetti ........................... CA Criminalistics Institute – Sacramento, CA ........................................ (916) 227-3575 Peter Cain ................................Lab of the Gov. Chemist - Teddington, UK ............................................ 44-181-943-7452

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LAB SEIZURES “GUY CHEMIST + TESTOSTERONE = A CAUTIONARY TALE” The DEA and the Weld County Drug Task Force (Greeley, CO) called me to assist with a suspected MDMA lab seizure in an apartment building in Greeley, CO, on November 28, 2001. The alleged cook was a Univ. of Northern Colorado grad student in chemistry. When questioned by DEA agents, he refused to discuss anything saying “he detected ‘attitude’” in his questioners. (I thought they were being pretty nice, myself. I guess he was used to the academic atmosphere). He had about 140 different labeled organic and inorganic chemicals, and numerous unlabeled liquids and oils. I selected 70 items to be sampled. To date, I’ve analyzed about 30 of them. About a half dozen 22 liter round bottom flasks and several large heating mantles and condensers were found for equipment. No recipes were found written down. One item, a liquid, contained safrole, N,N-dimethylformamide, p-benzoquinone and 3,4-methylenedioxyphenylacetone (MDPA), using known standards for retention time and mass spectrum of each. This pointed me to the Wacker Oxidation that includes palladium chloride as a catalyst. Without an obvious recipe, I went to Rhodium and found “A complete MDMA Synthesis for the First Time Chemist” by Bright Star. This method had everything that made sense according to chemicals purchased by the cook. This method described the vacuum distillation of sassafras oil to obtain essentially pure safrole. I found approximately 6 liters of safrole in two containers, pure enough to just do a thin film IR on a KBr plate for a “court quality” spectrum. A jar containing about 500 ml. of black, very viscous liquid (barely) was positive for MDPA as the major constituent. No quantitation was done. As in the Bright Star method, methylamine was made using ammonium chloride and formaldehyde, and was identified in one item. Labeled bottles of palladium chloride powder and mercuric chloride powder were positive for those catalysts (IR and SEM/EDX … thanks to the Wyoming State Crime Lab). A liter bottle half full of dark liquid was positive for MDMA in methylene chloride. From 1.0 ml of MDMA in methylene chloride, I precipitated out 0.15 grams of MDMA HCl giving a total quantity of 75 grams of MDMA HCl in the bottle, or 63 grams of MDMA free base. This case has progressed through the preliminary hearing, and a date has been set for the defendant to either take a plea or set a trial date. Also in the apartment was a pile of a couple grams of crystalline powder on the coffee table … pure testosterone propionate. He had apparently extracted it from a pharmaceutical product.

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Thanks to the DEA Special Testing Lab for the MDPA, safrole and isosafrole standards, and Tim McKibben for his telephonic counseling and emailed information. Larry Pederson Greeley / Weld County Forensic Lab Greeley, CO

COCAINE AND HEROIN SEIZURES IN MOSCOW In October 2001 in Moscow there were withdrawn about 6 kilograms of cocaine. Cocaine was seized from two citizens of Columbia. Cocaine was brought in two barrels with double-layer walls. Those barrels contained polyvinylacetate glue. The solution of cocaine in aromatic oil was placed in the double-layer walls. The oil was especially selected so that during examination on an X-ray apparatus neither the double-layer walls, nor the cocaine solution, contained between them could be seen. On the arrival to Russia, one of the Colombians evaporated the aromatic oil, recovered solid cocaine and during it’s transportation within Moscow was arrested. In November 2001 in Moscow there were withdrawn about 8 kilograms of heroin. Heroin arrived from Tajikistan. It was packed into packing units approximately 700 grams each. Each of the packing units was wrapped in scotch tape. Heroin was of a very poor quality, with content of the active component less than 10%. The main addition to heroin was chloroquine. This substance is an antimalarial medicine. The first time chloroquine appeared in Russia as an addition to heroin was about 2 years ago. From the beginning it used to be added to heroin in small amounts. But eventually the content of heroin in specimens decreased and the content of chloroquine grew. About a year ago, there appeared specimens, pushed off by drug-traders (pushers) as heroin, but which contained either pure chloroquine, or the content of heroin was 1-3%. And chloroquine is found in all specimens of heroin, seized within whole territory of Russia in Barnaul, Ekaterinburg, Moscow, Saint-Peterburg, Ufa and other cities and town. In March 2002 in Moscow there were withdrawn 2 kilograms of heroin from Tajikistan. Heroin contained chloroquine as an addition. Dr. Vladimir I. Sorokin Forensic Science Center Moscow, Russia

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5-METHOXY-DIISOPROPYLTRYPTAMINE (5-MEO-DIPT) IDENTIFIED IN OREGON In March 2002, the Oregon State Police Forensic Laboratory in Portland received two round, salmon-pink colored tablets (0.9-cm diameter with beveled edges) with the inscription of a spider on one side. Marquis and Secondary Amine color tests exhibited no reactions while a Lieberman color test yielded a brown/gold result. Examination of a methanol extract by GC/MS revealed the presence of 5-methoxy-diisopropryltryptamine (5-MeO-DIPT), a compound that has been described in TIHKAL, The Continuation (Alexander and Ann Shulgin, 1997, Transform Press, page 527). The mass spectrum of this compound was reported in the previous edition of CLIC (Volume 12, Number 2 (April 2002), page 13). This tryptamine analog, which is currently non-controlled, is being sold under the street name “Foxy Methoxy” (www.lycaeum.org). Marcela Moënne-Loccoz Oregon State Police Forensic Laboratory, Portland

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VITAMIN B AND GENSENG TABLETS SOLD AS MDMA ARE NOT CONTROLLED SUBSTANCE ANALOGS UNITED STATES OF AMERICA

vitamins as controlled substances.

v.

OUTCOME: Defendants’ pleas of guilty to conspiracy to possess and distribute a controlled substance analogue were vacated and the conspiracy to possess and distribute a controlled substance analogue and forfeiture of drug-related assets counts of the indictment were dismissed.

LLOYD T. CLIFFORD, DONALD DWAYNE SELLMAN, and DANIEL EDWARD JOHNSON Criminal No. 01-435-A UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OFVIRGINIA, ALEXANDRIA DIVISION 2002 U.S. Dist. LEXIS 7375 April 23, 2002, Decided April 23, 2002, Filed DISPOSITION: [*1] Defendants’ pleas of guilty to Count I of the indictment was vacated and Counts I and III of the indictment were dismissed.

CORE CONCEPTS COUNSEL FOR PLAlNTIFF(S) OR PETITIONER(S): Curtis Gomez, US. Attorney’s Office, Alexandria, VA.

CASE SUMMARY PROCEDURAL POSTURE: At issue was whether three criminal defendants violated 21 U.S.C.S. §846, conspiracy to possess and distribute a controlled substance analogue, when they represented to a purchaser that the pills they were selling him contained 3,4-methylenedioxymethamphetamine, a federally-controlled substance, when in fact the pills contained nothing more than ginseng and vitamin B. OVERVIEW: Defendants sold pills they represented to contain methylenedioxymethamphetamine (MDMA), commonly known as ecstasy, to a confidential informant. The pills contained no MDMA, but were over the counter ginseng and vitamin B pills. Defendants were arrested and indicted on charges of conspiracy to possess and distribute a controlled substance analogue, conspiracy to steal money and other property of the United States, and forfeiture of drug-related assets. Defendants pled guilty to conspiracy to possess and distribute a controlled substance analogue. The other two counts were dismissed. At the sentencing hearing, the court sua sponte raised the question whether the sale of ginseng and vitamin B, represented to be MDMA, was covered by 21 U.S.C.S. §802(32)(A). The court ruled that Congress intended 21 U.S.C.S. §802(32)(A) to be read conjunctively. Defendants’ conduct was not covered by the statute because there was simply no indication in the legislative history that the Controlled Substances Analogue Enforcement Act, 21 U.S.C.S. §801 et seq., was meant to forbid individuals from passing off over-the-counter nutritional supplements or

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CORE TERMS: controlled substance, analogue, disjunctive, pill, conjunctive, vitamin, ginseng, indictment, legislative history, distribute, convention, stimulant, substantially similar, subordinate, depressant, ambiguity, central nervous system hallucinogenic, statutory interpretation, pled guilty, statutory construction, conspiracy, chemical, over-the-counter, scheduled, conspiracy to possess, federal criminal, plain meaning, federal law, cocaine

FOR DEFENDANT(S) OR RESPONDENT(S): Alan H. Yamamoto, Thomas Durbin Hughes, IV, Glen Allen Trimper, Alexandria, VA. JUDGES: Honorable T. S. Ellis, III, United States District Judge. OPINION BY: T. S. Ellis

OPINION: MEMORANDUM OPINION At issue in this matter is whether the three defendants violated 21 U.S.C. §846, Conspiracy to Possess and Distribute a Controlled Substance Analogue, when they represented to a purchaser that the pills they were selling him contained 3,4-methylenedioxymethampbetamine (MDMA), a federally-controlled substance, when in fact the pills contained nothing more than ginseng and vitamin B. More specifically, the question presented is whether pills containing ginseng and vitamin B, when represented to contain a schedule 1 controlled substance, constitute a “controlled substance analogue” under 21 U.S.C. §802(32)(A).

I The three defendants in this matter, Lloyd T. Clifford, Donald Dwayne Sellman, and [*2] Daniel Edward Johnson devised a scheme in which they would buy quantities of pills containing ginseng and vitamin B, repackage the pills, and then sell them at a handsome profit by representing them to be MDMA, commonly

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known as “ecstacy,” “XTC,” or simply “E.” Pursuant to this scheme, Clifford advised a potential MDMA customer, who as it turned out, was a confidential informant (the “CI”) that he could sell the CI a quantity of MDMA pills. The CI agreed to buy 500 MDMA tablets from Clifford and the transaction occurred the next day, with Clifford and Johnson delivering to the CI 500 pills they represented to contain MDMA in return for $5,250. In fact, the pills contained no MDMA, but were only over-thecounter ginseng tablets. At the time of this initial transaction, Clifford and Johnson also informed the CI that they could provide him with 5,000 additional MDMA pills at $5 to $6 per pill and that they could fulfill the Cl’s future requests for MDMA. In fact, defendants never intended to supply the CI with anything other than over-the-counter pills, which defendants knew did not have the stimulant, depressive, or hallucinogenic effects on the central nervous system that are the [*3] hallmark of listed controlled substances. Consistent with their intention, defendants consummated a second transaction with the CI a few weeks later. On this occasion, defendants sold the CI 1,000 pills they represented were MDMA, but in fact contained only vitamin B. The sale price was $9.25 per pill. Defendants were arrested shortly thereafter and subsequently indicted on three charges: (i) conspiracy to possess and distribute a controlled substance analogue, in violation of 21 U.S.C. §846; [1] (ii) conspiracy to steal money and other property of the United States, in violation of 18 U.S.C. §371; and (iii) forfeiture of drug-related assets, pursuant to 21 U.S.C. §853. The three defendants pled guilty [2] to conspiracy to possess and distribute a controlled [*4] substance analogue, in violation of Count I of the three count indictment. Pursuant to the terms of the plea agreement, Counts II and III were dismissed. Clifford and Sellman were scheduled to be sentenced on March 29, 2002, whereas Johnson was scheduled to he sentenced on April 12, 2002. At the sentencing hearing for Clifford and Sellman on March 29, the Court sua sponte raised the question whether the sale of ginseng and vitamin B, represented to be MDMA, was covered by 21 U.S.C. §802(32)(A). The parties were directed to submit supplemental memoranda on this question and whether an order should issue (i) vacating the order dismissing Counts II and III of the indictment, (ii) vacating defendants’ plea of guilty to Count I of the indictment, (iii) dismissing Counts I and III of the indictment, and (iv) ordering [*5] the prosecution to proceed only as to Count II of the indictment. Following two hearings, the Court ruled that defendants’ conduct was not covered by the controlled substance analogue statute and hence the Court (i) vacated the January 28, 2002 order dismissing Counts II and III of the indictment, (ii) vacated defendants’ pleas of guilty to Count I of the indictment, (iii) dismissed Count I, and, accordingly, Count III of the indictment, and (iv) ordered the prosecution to proceed to trial as to Count II of the indictment. This memorandum opinion sets forth the reasons for this ruling.

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II The central question presented is whether ginseng or vitamin B, misrepresented to be MDMA, fits within the statutory definition of a “controlled substance analogue” in 21 U.S.C. §802(32)(A). If so, then, in accordance with their pleas, defendants may he found guilty of conspiracy to possess and distribute a controlled substance analogue, in violation of 21 U.S.C. §846, and their pleas were valid. But if not, then defendants’ conspiracy to sell ginseng and vitamin B pills to the CI, representing those pills to contain MDMA, might violate some [*6] federal criminal law, but it would not violate Section 846. Passed as part of the Anti-Drug Abuse Act of 1986, 99 P.L. 570; 100 Stat. 3207 (1986), the Controlled Substance Analogue Enforcement Act of 1986 provides that the term “controlled substance analogue” means a substance – (i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II; (ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or (iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II. 21 U.S.C. §802(32)(A). Whether the ginseng and vitamin B pills sold by defendants are a controlled substance analogue [*7] under Section 802(32)(A) presents a question of statutory construction. More particularly, the question is whether the statute requires subsection (i) to be read in the conjunctive or the disjunctive with respect to subsections (ii) and (iii). Put another way, to establish that a substance is a controlled substance analogue, is it necessary to show subsection (i) and then either subsection (ii) or subsection (iii), as defendants argue (hereinafter the “conjunctive interpretation”), or is it sufficient to establish any one of the subsections alone, as the government contends (hereinafter the “disjunctive interpretation”)’? Here, it is undisputed that defendants represented that the pills they sold were MDMA, thus clearly satisfying subsection (iii). Thus, if the disjunctive interpretation of Section 802(32)(A) governs, defendants plainly conspired to possess and distribute a controlled substance analogue. Yet, if the conjunctive interpretation applies, then defendants could not have conspired to possess and distribute a controlled substance analogue because ginseng and vitamin B clearly lack a chemical structural similar to MDMA or any other schedule I or II controlled substance. [*8] Thus, defendants’ guilt or innocence with respect to Counts I and III of the indictment turns on the statutory interpretation of 21 U.S.C. §802(32)(A).

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Although this statutory interpretation question has not been resolved in this circuit, it is not entirely novel; at least three district courts have had occasion to engage this issue. Two have determined that the conjunctive interpretation is appropriate [3] while another has opted for the disjunctive interpretation. [4] In these circumstances-the absence of either controlling authority or persuasive uniform authority-the task of statutory interpretation must be undertaken anew. When interpreting a statute, it is well-established that “any [*9] analysis ... must begin with the plain meaning of the statute itself.” Chris v. Tenet, 221 F.3d 648, 651-52 (4th Cir. 2000). Of course, it is improper to confine the interpretation of a statute to the one section or sections to be construed [5], rather, it is appropriate to interpret the Controlled Substance Analogue Enforcement Act as a whole. [6] And, only if a statute’s plain meaning is ambiguous is it proper to consider the statute’s structure and purpose so as to ascertain Congress’s intent. See United States v. Jackson, 759 F.2d 342, 344 (4th Cir. 1985); Johnson v. Garraghy, 57 F. Supp. 2d 321, 326 (E.D. Va. 1999). Thus, the analysis here must begin with the question whether the statute has a plain and unambiguous meaning or is instead infected with an ambiguity. [*10] To be sure, it can be argued, as the district court concluded in United States v. Greig, 144 F. Supp. 2d 386, 389 (D. V.I. 2001), that because “each of the three subordinate clauses occupies the same structural position of subordination relative to the main clause, and each is separated by a semicolon, with the last two clauses being separated by the disjunctive ‘or’,’’ the series is intended to be read disjunctively. Id. Although this point is not without force, [7] it is neither conclusive, nor ultimately convincing. This is so because there is in fact no universally recognized or authoritatively stated rule of structure to the effect that a series of subordinate clauses must be read in the disjunctive if the penultimate and final clauses are separated by “or.” [8] While some or even many may invariably follow such a convention, it is clear that Congress is not in this group. Indeed, elsewhere in the very same statute, specifically Section 802(9), Congress elected to follow a contrary convention. There, Congress listed a number of subordinate clauses in a fashion similar to Section 802(32)(A), but placed the term “or” after every subsection to denote a clear disjunctive [*11] intent. See 21 U.S.C. §802(9). [9] Given the well-established principle of statutory construction that no part of a statute should be rendered inoperative or superfluous, [10] it follows that Congress apparently felt it necessary, at least in that instance, to place “or” between each Subordinate clause to require or ensure a disjunctive reading. So it is clear, therefore, that Congress itself does not invariably follow the convention advocated in Greig, nor is there any certain means of determining when it intends to do so and when it does not. Thus, the mere existence of “or” between the last two subordinate clauses cannot be taken to be conclusive evidence that Congress intended all the subordinate clauses to be read in

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the disjunctive. [11] And, this point alone suggests that there is an ambiguity in whether the subordinate clauses should be accorded the disjunctive interpretation or the conjunctive interpretation. [*13] But the problematical status of this convention is not the only reason pointing to the statute’s ambiguity; an additional, more compelling reason is that the word “analogue,” which Congress chose to include in Section 802(32)(A) as demarcating the statute’s scope, has a settled meaning that is consistent with the conjunctive interpretation, but flatly inconsistent with the disjunctive interpretation. An analogue, defined in the chemical context, is a “structural derivative of a parent compound that often differs from it by a single element.” [12] This definition fits well within subsection (i), but not within either subsections (ii) or (iii). Accordingly, only a conjunctive interpretation of the subsections [(i) and [(ii) or (iii)]] is faithful to the plain meaning of analogue. This point, if not conclusive in favor of the conjunctive interpretation, is surely compelling evidence of the statute’s ambiguity in this regard. Given this ambiguity, [*14] the interpretive task appropriately expands to include consideration of the statute’s purpose, as reflected in its language and structure as a whole and in its legislative history. See Jackson, 759 F.2d at 344; Johnson, 57 F. Supp. 2d at 326. In this regard, the evidence favoring a conjunctive interpretation of the subsections is compelling. As noted, in choosing to use the term “analogue” to define the statute’s scope, Congress made clear its intention to limit that scope to substances with structures chemically similar to controlled substances. Equally compelling is the statute’s legislative history. There is not a scintilla of evidence in the legislative history that Congress intended to cover and criminalize sales of legal substances such as flour, salt, ginseng, vitamin B, etc.. merely because the seller represents they will yield a stimulant, depressant, or hallucinogenic effect like that of a controlled substance. Nowhere in the legislative history is there any mention or even a suggestion of such a prospect. Instead, the available legislative history indicates unequivocally that the Controlled Substances Analogue Act was, from its inception, [*15] designed to combat the problem of persons who seek to avoid the reach of federal criminal drug laws by manufacturing or distributing substances that are not listed controlled substances but which are specifically designed to provide effects that are substantially similar to the effects of listed substances. As the district court in Forbes rightly observed, “the [controlled substance] analogue statute is directed at underground chemists who tinker with the molecular structure of controlled substances to create new drugs that are not scheduled.” 806 F, Supp. at 235. Indeed, the Senate’s version of the bill was aimed to confront the “truly frightening problem” [13] of “persons who specifically set out to manufacture or to distribute drugs which are substantially similar to the most dangerous controlled substances ....”. [14] Like its counterpart in the Senate, the House bill focused on underground chemists who

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sought to evade drug laws by slightly altering controlled substances. [15] Thus, it is clear that only the conjunctive interpretation effectuates the clear purpose of the statute, namely to criminalize the manufacture and distribution of unlisted substances that are [*16] chemically related to listed substances and either have similar effects or are represented to have similar effects. There is simply no indication in the legislative history that the Controlled Substances Analogue Enforcement Act was meant to forbid individuals from passing off over-the-counter nutritional supplements or vitamins as controlled substances. [16] [*17] The government presents two flawed arguments in support of the proposition that the legislative history supports its position. Noting that weeks before the act passed, the three subsections were numbered (i), (ii)(I), (ii)(II) and that the term “and” was written after subsection (i), the government argues that the subsequent omission of the word “and the renumbering of the subsections indicates Congress’s clear intent to require the disjunctive interpretation. Yet, there is no evidence establishing the reason for this change. Indeed, it is just as likely that the change was inadvertent as that it was deliberate. Had the change been deliberate, it would have effected a quite radical alteration in the statute’s scope; criminally not just designer drug trafficking, but also distribution of all manner of lawful substances merely because they are represented to be listed substances. Such a radical alteration would surely have occasioned some comment or remark from Congress. The silence in this regard speaks loudly in favor of inadvertence as the explanation for the change. The government also raised at oral argument that the name of the statute was changed was from the “Designer [*18] Drug Enforcement Act” to the “Controlled Substance Analogue Enforcement Act” to signify that the scope of the statute was expanded to include defendants’ situation. The legislative history disagrees. Rather “the name ‘analogue’ was substituted for ‘designer drugs’, because such a name is ‘too appealing a name for these killers.”’ 131 Cong. Rec. S13,167-02 (daily ed. Oct. 10, 1985) (statement of Senator D’Amato). Although not directly in point, the Fourth Circuit’s decision in United States v. Sampson, 140 F.3d 585 (4th Cir. 1998) is instructive. There, the court held that “flex,” a mixture of flour, wax, and baking soda, although sold as cocaine, was not a “counterfeit substance,” as defined in 21 U.S.C. §802(7). In reaching this result, Judge Motz observed that selling flex does not constitute a crime punishable by any known federal law. Simply because a substance looks like cocaine, and the defendant misrepresents to his unsuspecting purchaser that the substance is cocaine, does not make the mere distribution of that substance a violation of the federal narcotics laws. Id. at 589 (emphasis added). By the [*19] same token, passing off ginseng and vitamin B as MDMA is not “punishable by any known federal law.” Id. To be sure, as the government argues, this statement was made in the context of Section 802(7), which

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defines counterfeit substances, not Section 802(32)(A), which defines controlled substance analogues, and is therefore arguably dictum. Yet, there is no reason to believe that Judge Motz and the panel were unaware of Section 802(32)(A) when they made this remark. [17] Finally, it must be noted that the rule of lenity has no role to play in the interpretative task of the statute. This follows from this circuit’s rule that for the rule of lenity to operate, [*20] “there must be a grievous ambiguity or uncertainty in the language and structure of the Act, such that even after a court has seized everything from which aid can be derived, it is still left with an ambiguous statute.’’ United States v. Photogrammetric Data Services. Inc., 259 F.3d 229, 249 (4th Cir. 2001) (internal citations and quotation marks omitted). Here, after considering the statute’s language, structure, and purpose, it is clear that Congress intended Section 802(32)(A) to be read conjunctively. For these reasons, defendants’ pleas of guilty to Count I of the indictment were vacated and Counts I and III of the indictment dismissed. April 23, 2002 Alexandria, Virginia T.S. Ellis III United States District Judge

NOTES: 1. 2. 3. 4. 5.

6.

7.

For purposes of federal law, a controlled substance analogue is to be treated as a schedule controlled substance. See 21 U.S.C. §813. The three defendants pled guilty on different dates: Sellman pled guilty on January 14, 2002; Clifford pled guilty on January 15, 2002; Johnson pled guilty on January 28, 2002. See United States v. Forbes, 806 F. Supp. 232 (D. Colo. 1992): United States v. Roberts. 2001 U.S. Dist. LEXIS 20577, 2001 WL 1646732 (S.D.N.Y. 2001). See United States v. Greig, 144 F. Supp. 2d 386 (D. V.I. 2001). appeal docketed, No. 01-2199 (3d Cir. May 14, 2001). See Harrison v. Northern Trust Co., 317 U.S. 476, 87 L. Ed. 407, 63 S. Ct. 361 (1943): United States v. Universal C.I.T. Credit Corp., 344 US. 218, 97 L. Ed. 260, 73 S. Ct. 227 (1952). It has been held that a statutory subsection should not be construed in a vacuum; rather, it must be considered in reference to the statute as a whole and in reference to statutes dealing with the same general subject matter. See, e.g., In re Air Crash Off Long Island, New York, on July 17, 1996, 1998 U.S. Dist. LEXIS 8044. 1998 WL 292333 (S.D.N.Y. 1998); United States v. McCord, 33 F.3d 1434 (5th Cir. 1994); F.T.C. v. University Health, Inc., 938 F.2d 1206 (11th Cir. 1991). Even the court in Forbes, which ultimately adopted the

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conjunctive interpretation, noted that “as a matter of simple grammar, when an ‘or’ is placed before the last term in a series, each term in the series is usually intended to be disjunctive.” Forbes, 806 F. Supp. at 235 (emphasis added). 8. Neither the Greig not the Forbes decisions cite any authority of reference for this convention. Nor does the convention find expression in Statutes and Statutory Construction, the principal authoritative text on statutory interpretation. See Norman J. Singer, Statutes and Statutory Construction §46.05 (6th ed. 2000). And even if so-called convention, it lacks the authoritative force of a dictionary definition of a word, which is the typical basis for a finding of clear and unambiguous meaning. 9. But cf 21 U.S.C. §802(25) (using the same structure as 21 U.S.C. §802 (32)(A)). 10. See, e.g., Office of Consumers’ Counsel, State of Ohio. v. F.E.R.C. 251 U.S. App. D.C. 208, 783 F.2d 206 (D.C. Cir. 1986); United States v. Union Gas Co., 792 F.2d 372 (3d Cir. 1986). 11. For this reason, courts have cautioned against relying too heavily upon characterizations such as “disjunctive” or “conjunctive” to resolve complex questions of statutory interpretation. See Kelly v. Wouconda Park Dist., 801 F.2d 269, 270 n. l (7th Cir. 1986) (warning that “there are dangers in attempting to rely too heavily on characterizations such as ‘disjunctive’ form versus ‘conjunctive’ form to resolve difficult issues of statutory construction”); Byte Intern. Corp. v. Maurice Gusman Residuary Trust No. 1. 629 So. 2d 191, 192 (Fla. Dist. Ct. App. 1993) (holding that “courts may construe ‘and’ as ‘or’ in statutes where a construction based on the strict reading of the statute would lead to an unintended or unreasonable result and would defeat the legislative

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intent of the statute”). 12. The American Heritage College Dictionary 48 (3d. ed. 1993). 13. 131 Cong. Rec. S17, 842-04 (daily ed. Dec. 18, 1985) (statement of Senator Thurmond). 14. S. Rep. No. 196, 99th Cong., 1st Sess. 5 (1985). 15. See H.R. Rep. No. 948, 99th Cong., 2d Sess. 4(1986). 16. That the disjunctive interpretation yields this and other anomalous or unintended results is another argument in support of the conjunctive interpretation. As noted in Forbes, the disjunctive interpretation might result, arguably, in having coffee or alcohol treated as a controlled substance analogue, a result clearly counter to Congress’s intent. See 806 F. Supp. at 235; H.R. Rep. No. 948, 99th Cong., 2d Sess. 4 (1986). In this regard, the government notes that subsection (ii) would not include caffeine or alcohol because these substances, while they do produce a stimulant or depressant effect, do not produce an effect substantially similar to that of a scheduled controlled substance. Even granting this, subsection (ii) might nonetheless prohibit use of other presumably legal substances, such as dextromethorphan, the cough suppressant component of most over-the-counter cough medications. Dextromethorphan has no analgesic or addictive properties, but acts on the central nervous system to produce feelings of well-being and an enhanced awareness and appreciation of visual and auditory stimuli. 17. Of course, while defendants may not have violated federal drug enforcement laws by selling ginseng and vitamin B as MDMA, their conduct might well have violated other federal criminal laws, including 18 U.S.C. §371. conspiracy to steal money and other property of the United States, as charged in Count II of the indictment.

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METHAMPHETAMINE SYNTHESIS INHIBITION: DISSOLVING METAL REDUCTIONS Craig A. Kelly*, David S. Lawrence, George M. Murray, and O. Manuel Uy Johns Hopkins University Applied Physics Laboratory 11100 Johns Hopkins Road, Laurel, Maryland 20723 240-228-8631 240-228-6914 (Fax) [email protected]

ABSTRACT In this paper, we report the status of our investigation into the feasibility of introducing a chemical agent into agricultural grade anhydrous ammonia that will render the ammonia useless for methamphetamine synthesis. Our goal is to provide a means to reduce the number, ease, and stealth that clandestine methamphetamine laboratories using the dissolving metal, or Nazi, synthetic method currently enjoy. We have conducted investigations of additives that span the broad classes of organic, inorganic, and organometallic reagents. We have identified numerous compounds and classes of compounds that effectively inhibit methamphetamine synthesis. Feasibility evaluations of these compounds are ongoing. However, we have identified two candidate reagents that possess properties useful for consideration as additives for anhydrous ammonia: ferrocene and 1,1,1,2-tetrafluoroethane. Details of the reactivity of these compounds and issues relating to their application for the inhibition of methamphetamine synthesis will be presented.

BACKGROUND Of all the drugs of abuse, methamphetamine is the only one so simple to prepare that the individual user can make it independently [1]. It is estimated that 99 % of the clandestine laboratories in this country are involved in the illicit manufacture of methamphetamine. An increasing number of the clandestine methamphetamine laboratories (currently estimated at 20% [2]) use a procedure known as a dissolving metal reduction [3], often referred to as the “Nazi” method, of over-the-counter cold medications ephedrine or pseudoephedrine [2]. The details for the synthesis are readily available from the literature [5] and the Internet. Unlike other synthetic drugs, less than 10% of those arrested for the illicit synthesis of methamphetamine are trained chemists [1]. The relative ease with which methamphetamine is manufactured has led to a proliferation of small-scale “mom and pop” operations. The small-scale labs produce only a small amount of the methamphetamine available in this country [4]. However, clandestine laboratories, often operated by criminally minded individuals untrained in the handling of dangerous chemicals, pose threats of fire, explosion, poison gas, booby

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traps, and the illegal dumping of hazardous waste [4]. The solvent of choice used for the Nazi synthesis is anhydrous ammonia, often obtained by theft from farmers’ fields. The thieves normally pilfer only a few gallons of anhydrous ammonia but too often are the cause of major ammonia spills. Such spills not only result in the loss of thousands of gallons of ammonia for the farmer, but have resulted in the evacuations of entire towns due to the toxic cloud of ammonia produced [6]. The handling of anhydrous ammonia is an extraordinarily dangerous activity. The liquid is extremely cold (-28°F) and the vapor is highly volatile. Contact of the liquid with skin or mucus membranes causes a combination of frostbite, direct ammonolysis of the skin by ammonia, and saponification of the epidermal fats by ammonium hydroxide formed by the reaction of ammonia and water [7]. A very real concern is severe injury to children who obtain the methamphetamine synthesis from the Internet without knowledge of the risks associated with the handling of anhydrous ammonia. The small-scale clandestine laboratories are often considered to be more dangerous than the larger scale labs [4]. Smaller scale laboratories suffer from amateur chemists inexperienced in the handling of hazardous chemicals and the consequences of potential accidents. This point is evident from the large number of children present at clandestine laboratories [4]. Of the reported 7,200 clandestine laboratories seized in 1999, nearly 870 children were reported to be at the sites with 180 exposed to toxic chemicals and 12 found injured by the chemicals [8]. The small size of the clandestine methamphetamine labs and the brief time required for the methamphetamine synthesis provide stealth for the laboratories [9]. The required equipment will easily fit into the trunk of a car. The methamphetamine synthesis can be carried out in a hotel room or on the side of the road before disposing of the waste and concealing the laboratory equipment. The Nazi method enjoys the advantage of producing relatively little odor compared with other synthetic methods, greatly minimizing the risk of detection. With these points in mind, the objective of our work is to increase the level of difficulty, time, equipment, and supplies necessary to synthesize methamphetamine by the Nazi method. Because the average methamphetamine producer has relatively low chemistry skills, increasing the level of difficulty is expected

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to significantly decrease the number of individuals capable of conducting the procedure. Additionally, by increasing the time, equipment, and supplies required for the synthesis, the risk of detection of the clandestine laboratory will increase as well.

The key reagent in the Nazi methamphetamine synthesis is the solvated electron. The solvated electron is a potent reducing agent [10] and is sufficiently long-lived in liquid ammonia that it is useful for synthetic purposes [11]. Dissolving lithium (or sodium) metal in anhydrous ammonia generates the solvated electron, Scheme 1. The proposed mechanism of the Nazi reaction involves the two-electron reduction of ephedrine or pseudoephedrine to give the methamphetamine product, Scheme 2. The synthesis of methamphetamine can be prevented if a reagent already present in the anhydrous ammonia scavenges the electron.

reduction of ephedrine/pseudoephedrine can not take place, Scheme 2. This strategy can be further broken down into two distinct categories. The first is a stoichiometric approach that uses a compound capable of undergoing a finite number of one-electron reduction processes. Compounds that exhibit reactivity of this type will be referred to as stoichiometric compounds. Organic chemical compounds typically fall under this category. The disadvantage of this approach is that, in principle, the inhibitor can be overcome by the addition of excess lithium metal. Another approach is the use of a compound that is capable of catalyzing the conversion of the solvated electrons into an unreactive form. Compounds of this class will be referred to as catalytic compounds. The distinct advantage of catalytic compounds is that it is not feasible to overcome the catalyst by the addition of excess lithium. The catalyst will simply regenerate itself and consume the excess electrons. Metal compounds typically fall under this category.

CHEMICAL APPROACHES

PROGRAM GOALS

THE NAZI SYNTHETIC METHOD

TO

ELECTRON SCAVENGING

The principle strategy in this study is to scavenge solvated electrons. In the absence of a suitable reducing agent, the

Scheme 1. Dissolution of lithium metal in anhydrous ammonia results in the formation of solvated lithium ions and electrons. The electron is the key reagent for methamphetamine synthesis.

In this paper we will provide an overview of our investigations to date. There are four important goals that we are interested in addressing. The first is to maximize the ability of the additive to prevent the illicit manufacture of methamphetamine, i.e., counterproduction. The second is to minimize the ease with which the additive is defeated, i.e., counter-action. The third is to minimize or make transparent the impact of the additive on the legitimate use of anhydrous ammonia by the farmer. Lastly, we desire to limit the impact of the additive on the environment. In this paper we will focus on the first two goals, counter-production and counter-action. The other two goals will be reported on separately.

RESULTS

AND

DISCUSSION

Our investigations have been carried out predominantly by evaluating the yield of methamphetamine produced as a function of the nature of the additive. The results from these studies are summarized in Table 1.

Scheme 2. Proposed mechanism for the two electron, two-proton reduction of ephedrine or pseudoephedrine to methamphetamine.

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Water Water quenches the solvated electron by the reduction of ammonium, H2O + NH3 → OH- + NH4+ NH4+ + e- → ½ H2 + NH3 to yield hydrogen gas and hydroxide. We investigated the addition of 4.2 mmol lithium and 0.61 mmol ephedrine to a 10 mL solution of liquid anhydrous ammonia containing 0.025 mmol of water. Under these conditions, the synthesis of methamphetamine was not inhibited within our margin of error. Only low concentrations of water were investigated in order to assess the contribution of waters of hydration and atmospheric contamination. The lack of significant methamphetamine synthesis inhibition at these concentrations is due to the use of excess lithium.

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Table 1. Summary of Inhibition Results Additive No additive c Water Urea Ammonium carbonate

d

Methamphetamine Yield a

Amount of Additive b

89 ± 9 %

0.0 %

86 %

0.6 %

37 %

23 %

54 %

246 %

Boron trifluoride etherate

95 %

1%

Citric acid

99 %

14 %

99 %

14 %

1%

14 %

99 %

14 %

99 %

14 %

50 %

14 %

1%

14 %

1%

14 %

Ascorbic acid

e

α-Tocopherol

f

Butylated hydroxytoluene Trolox

g

h

Pentamethylchromanol

i

1-Chloromethyl naphthalene Trichloroethylene 2-Chloro-6-(trichloromethyl)-pyridine

j

31 %

10 %

100 %

322 %

1,1,1,2-Tetrafluoroethane l

5%

10 %

FeCl3

19 %

1.0 %

3%

1.0 %

0%

1.0 %

87 %

1.0 %

94 %

1.0 %

1,1-Difluoroethane k

FeCl3 + H2O

m

FeCl2 FeCl2 + H2O

m

FeSO4 n

FeSO4 + H2O

95 %

1.0 %

Fe(III) Citrate o

0%

1.2 %

Fe(acac)3 p

0%

0.1 %

Fe(F3-acac)3

p

0%

0.1 %

Fe(F6-acac)3

p

31 %

0.1 %

76 %

1.0 %

100 %

0.1 %

Ferrocene

0%

0.1 %

MoOCl4

99 %

0.5 %

MoOCl4 + H2O m

55 %

10 %

Fe(CO)5 Fe(CHD)(CO)3

p

WF6 92 % 273 % Methamphetamine synthetic yield as a percentage of the methamphetamine/ephedrine ratio. Unless otherwise indicated, the estimated error is ± 10 %. b As a mol % relative to the amount of lithium, i.e., amount of solvated electrons, used. c Average of ten observations. d A variable mixture of ammonium bicarbonate and ammonium carbamate. Vitamin C. f Vitamin E. g BHT. h 6-hydroxy-2,5,7,8-tetramethylchroman-2-carboxylic acid, a water soluble vitamin E derivative. i A vitamin E derivative. j The active ingredient in the anhydrous ammonia additive N-Serve. k HFC-152a. HFC-134a. m 0.6 mol % water relative to lithium. n As the heptahydrate. o As the dihydrate. p Abbreviations: acac = acetylacetonate, F3-acac = 1,1,1-trifluoroacetylacetonate, F6-acac = 1,1,1,5,5,5-hexafluoroacetonate, CHD = cyclohexadiene. a

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e l

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Figure 1. Structures of Vitamin E and derivatives.

Organic Compounds Of the non-metallic, non-halogenated compounds studied, αtocopherol (Vitamin E, see Figure 1 for structure), was by far the most active inhibitor that we have identified. The reaction was carried out using 0.61 mmol of Vitamin E in 10 mL anhydrous ammonia to which 4.2 mmol lithium and 0.61 mmol ephedrine was added. These results indicate that each Vitamin E molecule is capable of scavenging greater than 6.9 electrons. The limit of reactivity of this compound has not yet been evaluated. Substitution of the long hydrocarbon chain of Vitamin E with a carboxyl group, i.e., Trolox, resulted in a complete loss of quenching efficiency. We have found that introduction of compounds containing carboxylic acids, i.e., citric acid, ascorbic acid, and Trolox, did not result in the inhibition of methamphetamine synthesis. The origin of this observation is unclear but it is likely that these acids are fully deprotonated in the basic ammonia solutions to give the conjugate base and the ammonium cation. The anionic nature of the conjugate base will likely result in a more negative reduction potential for the compound, reducing or eliminating the thermodynamic driving force for electron scavenging. We speculate that low

Figure 2. Proposed mechanism for the promotion of methamphetamine synthesis by low concentrations of the ammonium cation.

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Halogenated Organic Compounds The reduction of halogenated hydrocarbons using dissolving metal reductions is well established [12]. Taking advantage of this known reactivity, we have found many halogenated organic compounds to be very efficient methamphetamine synthesis inhibitors. A notable exception to this is a lack of reactivity observed for the compound 1,1-difluoroethane. Halogens serve as good leaving groups upon reduction. The reaction is probably driven partly by the solvation of the halide product in the polar ammonia solvent. The hydrofluorocarbons (HFC’s) 1,1-difluoroethane (HFC-152a) and 1,1,1,2-tetrafluoroethane (HFC-134a) are halogenated organic compounds that possess boiling points of -25°C and -26°C, respectively. Importantly, these boiling points are very close to that of ammonia, -33°C. The close boiling points increase the likelihood that the halogenated organic compound will be carried over during a distillation of the ammonia [13], making it very difficult to remove the additive. Additionally, the halogenated compounds will remain below their boiling points in liquid ammonia, minimizing evaporative loss of the additive during storage. These two compounds, which possess ozone depletion potentials of zero, are being used as replacements for ozone depleting CFC-12 in refrigeration, aerosol and open-cell foam blowing applications. Our reactivity studies indicated that HFC-134a is a remarkably efficient scavenger of solvated electrons in liquid ammonia. The capacity of a halocarbon is expected to be two electrons consumed for every halogen atom. HFC-134a possesses four fluorine atoms suggesting that it is capable of scavenging eight electrons to produce four fluorides and ethane, Scheme 4. Consistent with an eight-electron reduction, we have observed near zero methamphetamine yields, within our experimental error, at HFC-134a concentrations of 10 mol% relative to lithium, Figure 3. Importantly, we have found that distillation of a mixture of HFC-134a in ammonia results in a distillate that effectively quenches the synthesis of methamphetamine. HFC-134a therefore effectively quenches the methamphetamine synthesis reaction and is difficult to remove from the ammonia. Further investigations involving this compound are ongoing to better

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Scheme 4. Eight-electron reduction of 1,1,1,2-tetrafluoroethane (HFC-134a) to ethane. characterize this system. In contrast to the HFC-134a system, HFC-152a was found to not be effective at inhibiting the methamphetamine synthesis, even at relatively high concentrations. While there are fewer fluorine atoms on HFC-152a, therefore reducing its capacity to scavenge solvated electrons, the apparent complete lack of reactivity was surprising. The lack of 1,1-difluorethane reactivity is currently under investigation in our laboratory.

In the presence of the solvated electron, the Fe(III) complex is expected to be reduced to Fe(II). Conceptually, two Fe(II) are capable of promoting the two electron reduction of the proton to give hydrogen gas, Scheme 3. In reality, the mechanism is likely to be significantly more complex, involving stabilization of the intermediate oxidation and protonation states of the proton during reduction by direct coordination to the iron center [14]. Furthermore, it is not clear if only the Fe(III) and Fe(II) oxidation states are involved. The solvated electron is a strong reducing

Scheme 3. Presumed mechanism for the Fe(III) catalyzed conversion of solvated electrons into amide anions and hydrogen gas. agent and Fe(I) is known to exist in aqueous solution [15]. Therefore, upon successful demonstration of the reactivity of Fe(III), we evaluated the reactivity of Fe(II). This compound was found to be an efficient inhibitor of methamphetamine synthesis. However, the reactivity trend in the presence of trace water was opposite that observed for Fe(III). The Fe(II) salt was significantly more efficient in the absence of water. Further investigation is required in order to sort out the details of the chemistry occurring with these compounds. One of the principle problems encountered with the Fe(II) and Fe(III) coordination compounds we have studied has been their insolubility in anhydrous ammonia. Compounds that are insoluble in anhydrous ammonia are expected to be incompatible with the ammonia distribution infrastructure.

Figure 3. Methamphetamine yield dependence on the amount of 1,1,1,2-tetrafluoroethane dissolved in anhydrous ammonia. Coordination Compounds We have found Fe(III), as FeCl 3 , to be a potent methamphetamine synthesis inhibitor. In a strongly coordinating solvent like ammonia, weakly coordinating ligands, like chloride, are expected to be displaced by ammonia to give the hexaamine complex, Fe(NH3)63+. The role of trace water is uncertain but its presence results in a significant increase in inhibition activity. Presumably, the presence of the water is resulting in a mixed ligand complex of the type Fe(NH3)n(OH2)m, where n is 4 or 5 and m is 1 or 2. The resulting mixed ligand complex appears to be more a efficient catalyst than the hexaamine.

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Organometallic Compounds The organometallic compounds Fe(CO)5 and Fe(CHD)(CO)3 were found to be ineffective inhibitors at concentrations of 1.0 mol% and 0.1 mol% relative to lithium, respectively. However, ferrocene has proven to be a potent inhibitor, reducing the methamphetamine yield to near zero at concentrations as low as 0.1 mol% relative to lithium, Figure 5. This implies that each ferrocene molecule is scavenging 1,000 electrons. Ferrocene was found to be soluble in ammonia at the concentration needed for activity, i.e., 4 x 10-4 M. Solubility is important to minimize impact on the ammonia distribution infrastructure. The efficiency of ferrocene as a catalyst for the inhibition of methamphetamine synthesis is remarkable. Ferrocene is in the lowest common oxidation state of this compound. Oxidation to the ferrocenium ion occurs at mild potentials, but this process is not likely to play a role in a reducing environment. To the best of our knowledge, reduction of ferrocene has not been reported in the literature.

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JOURNAL

OF THE

CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION ACKNOWLEDGMENTS The authors would like to acknowledge the support and technical inputs from Dr. Albert Brandenstein and Mr. James Petrousky of ONDCP/CTAC, and from Dr. Haddad Dubbleday and Mr. Richard Mellor of SPAWARSYSCEN. This work is being funded under Navy Contract N00024-98-D-8124.

REFERENCES 1.

Figure 4. Structures of the organometallic compounds discussed in the text. Reduction of ferrocene probably results in a large structural reorganization, for example, partial or complete cyclopentadienyl dissociation. Such a process is likely to be critical to the catalytic function of the compound by opening up accessible coordination sites necessary for the stabilization of intermediates in the proton reduction mechanism.

CONCLUSIONS

3. 4. 5. 6.

At the present extent of our investigation, we have identified two potentially viable additives for anhydrous ammonia, each capable of inhibiting methamphetamine synthesis. The first, 1,1,1,2-tetrafluoroethane, cannot be removed by the simple distillation of the ammonia. Furthermore, we have estimated and experimentally verified that each molecule of this compound is capable of scavenging ca. eight electrons. A high electron scavenging capacity is necessary to minimize the amount of additive necessary to inhibit the reduction reaction. Ferrocene is another additive that is potentially useful as a methamphetamine synthesis inhibiting ammonia. This compound appears to be highly efficient at catalytically scavenging solvated electrons. It does not appear that the additive can be defeated by the addition of excess lithium metal. In order to defeat the catalyst, a cryogenic distillation is required. A cryogenic distillation of ammonia is difficult, dangerous, and requires additional equipment and supplies. The increased level of difficulty is expected to reduce the number of untrained chemists, i.e., the majority of the clandestine chemists, capable of carrying out the synthesis. The additional step will require additional time to carry out the synthesis. The additional equipment necessary to conduct the distillation will decrease the portability and the ease of concealment of the clandestine laboratory. Finally, the acquisition of the cryogenic supplies necessary to perform the distillation will increase the exposure of the clandestine chemist to surveillance. In summary, the addition of either inhibitor is expected to both decrease the number of clandestine laboratories due to the increased level of difficulty and increase the probability of detection of the laboratory operation.

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2.

7. 8. 9. 10. 11. 12. 13 14. 15.

Hargreaves, G. “Clandestine Drug Labs Chemical Time Bombs”, FBI Law Enforcement Bulletin, April 2000, 69, 1-6. Cazenavette, G. J., III; DEA Congressional Testimony before the House Judiciary Subcommittee on Crime, February 25, 2000. Carey, F. A.; Sundberg, R. J. Advanced Organic Chemistry Part B: Reactions and Synthesis, Third Ed., Plenum Press, New York, Ch. 5, Sec. 5. Corcoran, J. J.; DEA Congressional Testimony before the House Judiciary Subcommittee on Crime, August 8, 2000. Ely, R. A.; McGrath, D. C. “Lithium-Ammonia Reduction of Ephedrine to Methamphetamine: An Unusual Clandestine Synthesis” J. Forensic Sci. 1990, 35, 720-723. Parker, S. “Ammonia’s New Cachet”, U.S. News Online, 9/27/99. Amshel, C. E.; Fealk, M. H.; Phillips, B. J.; Caruso, D. M. “Anhydrous Ammonia Burns Case Report and Review of the Literature” Burns 2000, 26, 493-497. “National Drug Threat Assessment 2001, The Domestic Perspective”, National Drug Intelligence Center, U.S. Department of Justice, October 2000. Bennett, D. “Stealing Anhydrous Ammonia”, Delta Farm Press, Vol. 57, No. 19, May 12,2000. Hwu, J. R.; Wein, Y. S.; Leu, Y.-J., “Calcium Metal in Liquid Ammonia for Selective Reduction of Organic Compounds”, J. Org. Chem. 1996, 61, 1493-1499. Rabideau, P. W.; Marcinow, Z. “The Birch Reduction of Aromatic Compounds”, Organic Reactions 1992, 42, 1-334. Sun, G.-R.; He, J.-B.; Pittman, C. U., Jr., “Destruction of Halogenated Hydrocarbons with Solvated Electrons in the Presence of Water”, Chemosphere 2000, 41, 907-916. Chai Kao, C.-P.; Paulaitis, M. E.; Yokozeki, A. “Double azeotropy in binary mixtures of NH3 and CHF2CF3” Fluid Phase Equilibria 1997, 127, 191-203. Koelle, U., “Transition Metal Catalyzed Proton Reduction”, New J. Chem. 1992, 16, 157-169. Baxendale, J. H.; Fielden, E. M.; Keene, J. P. Proc. Roy. Soc. Ser. A 1965, 286, 320-336.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 12 NUMBER 4 — OCTOBER 2002

IN THIS ISSUE ... Two Officers Injured In Ammonia Tank Blast ........................................... 2 JCLIC Archives On CD-ROM ................................................................... 2 Thank you! Thank you!! Thank you!!! ...................................................... 3 Welcome New Members For 2003 ............................................................. 4 Abstracts From The 12th Annual Technical Training Seminar ................... 5 N-Nitroso-Fenfluramine Identified ............................................................... 9 Clandestine Laboratory Seizures ............................................................... 10 Sentencing Enhancements Survive Appellate Court Scrutiny ................... 11 Iodine: Inhalation Hazards, Detection and Protection ................................ 18 Mark Cameron, MS, CIH The Non-Equilibrium Aqueous Solution Chemistry Of Gamma-Hydroxybutyric Acid ............................................................. 20 John S. Chappell, Ph.D. Drug Yield Calculator Version 3.2 ............................................................ 28 John Hugel, B.Sc., Sgt. Mark Pearson, and Terry Evoy

 2002 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Association Officers President: Peter Vallely Centre for Forensic Science PO Box 594 Archerfield Brisbane, QLD 4108 AUSTRALIA 61-73-274-9031 Vice-President: Anneke Poortman Forensic Science Laboratory Volmerlaan 17 Rijswijk 2288 GD The Netherlands 31-70-340-8131 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (316) 792-4353 Membership Secretary: Anne Coxon ESR Ltd. Hampstead Rd Private Bag 92-021 Auckland, NEW ZEALAND 64-9-815-3946 US fax: (760) 437-4423 Editorial Secretary: Rachel Cutler ID State Police Forensic Services PO Box 700 Meridian, ID 83680-0700 (208) 884-7171 Past-President: John Hugel Health and Welfare – Canada 2301 Midland Ave Scarborough, ON M1P 4R7 CANADA (416) 973-2146 Executive Board Members: Terry A. Dal Cason DEA North Central Laboratory 536 S Clark St Rm 800 Chicago, IL 60605-1509 (312) 353-3640 Steve Johnson LAPD Crime Laboratory 555 Ramirez St Ste 270 Los Angeles, CA 90012-6302 (213) 847-0041

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

TWO OFFICERS INJURED IN AMMONIA TANK BLAST LEN WELLS Evansville Courier and Press August 10, 2002 Two veteran police officers were injured Thursday night when a 20-pound propane tank they were attempting to bleed ruptured. The tank contained anhydrous ammonia that had allegedly been stolen by three suspected methamphetamine manufacturers from eastern Kentucky. Shane Pritchett, 32, the Grayville, Ill., Police chief, and Greg Hanisch, 47, an inspector with the Southern Illinois Drug Task Force, suffered chemical burns and breathing difficulties as a result of the accident. Pritchett was airlifted to St. Mary’s Medical Center in Evansville for treatment of chemical burns to his arms, face and mouth, and inhalation of anhydrous fumes. Hanisch was taken to the White County Hospital in Carmi where he was treated and released for burns. “It happened too fast to know what really happened,” Pritchett said. “I had a tank, and Greg had a tank, and I think the one he was holding blew.” The force of the blast blew Pritchett’s respirator off, exposing him to the fumes. “Let’s just say it was pretty rough. I know I don’t ever want another one of these.” Pritchett remains in the “step-down” intensive care unit at St. Mary’s. His mother, Iva Jean Pritchett, says he’s showing steady improvement. The incident happened shortly before 9 p.m. Thursday at the Illinois State Police pistol range west of Carmi.

Carmi firefighters hosed down the injured officers and sprayed foam over the scene to neutralize the spill. Pritchett said he and Hanisch found the tanks in a remote field southwest of Grayville earlier in the afternoon. Pritchett said they were actually investigating a reported assault and battery on Illinois 1 south of Grayville when they stumbled upon the tanks. Police say the officers spotted a Dodge Durango in a field and found the three tanks near a corn field a short distance away. A short time later, police received a report that three individuals ran out of a field, jumped a fence, and ran into the Windsor Oaks Best Western Inn south of Grayville. The three men were subsequently arrested by Hanisch and Pritchett at the motel, and transported to the White County jail at Carmi by another officer. The suspects have been identified as Ronald Lee Whicker, 40, Darrell W. Morgan 37, and James Lee Branstutter, 23, all of East Bernstadt, KY. East Bernstadt is a town of about 1,100 near London, KY. The three suspects are being held on $30,000 bond on charges related to unlawful possession of anhydrous ammonia and other charges related to the attempted manufacture of methamphetamine. Hanisch is certified in the cleanup and disposal of meth labrelated materials, including anhydrous ammonia. Pritchett was assisting Hanisch.

JCLIC ARCHIVES ON CD-ROM ROGER A. ELY With the start of 2003, the Association will begin its 13th year of publishing the CLIC Journal. The Journal has become one of the most recognizable assets of the Association, a written history of the trends of clandestine laboratory chemistry for well over a decade. One of the most frequent inquiries we receive, not only from new members, but also from veteran members, is for the complete library of all the CLIC Journals – starting with the first issue in October 1990. Since the Association has always worked on a very tight budget, the number of extra copies of the Journal are very limited and are often used to give a prospective member an opportunity

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to see what kind of information is available in the Journal. As such, perhaps only 5-10 extra copies of the Journal are printed for each issue. In addition to having a collection of all the issues, there is a real need for an indexing or cataloging system which would allow the reader to quickly locate specific information of interest across the entire collection of the Journals. In 1996, such an index was created and published. However, the problem remained that if you didn’t have the Journals from 1990 – 1995 the index did little to help you. The Journal has always been produced using PageMaker for PC. Up until about 1996, there was no particular reason to save the PageMaker files from each issue – at least it didn’t seem like it then.

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VOLUME 12 NUMBER 4 — OCTOBER 2002

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION In 1996, Adobe Systems bought the rights to the PageMaker software from Aldus Corporation. In doing so, PageMaker now included a copy of Adobe Acrobat Distiller – a utility for creating compact, multi-platform files called portable document files or PDF. By creating a PDF file for distribution, the layout of the pages, text, graphics and color elements are preserved and can be viewed and printed from the PC, Macintosh, or UNIX platforms using a free Adobe Acrobat Reader program available from Adobe’s website.(http://www.adobe.com) Since 1996, the native files and PDF files for each Journal have been retained. In the past year, the early copies of the Journal were converted to PDF format by scanning the original printed Journals. The text was scanned for optical character recognition (OCR), structures were redrawn using the latest version of ISISDraw, tables were re-created using Word, and other graphics such as IR, MS, and photos were scanned, cleaned, and edited when necessary. All of these elements were then reset into the present CLIC Journal template to create a uniform collection of information. In addition, issue indexes were bookmarked to allow for the quick access to the information of interest. Once all the issues were converted to PDF format, they were cataloged using a utility program in Adobe Acrobat v5.0. We now have available a complete collection of the CLIC Journals in electronic format on a CDROM which is searchable using Adobe Acrobat Reader. The Journals run from the first Journal (October 1990) through the July 2002 issue. The Journals can be accessed individually or can be searched across the entire collection. The contents, text, figures and photos are available for printing on your personal computer and printer system – generated

with a first generation quality. Reference spectra can be copied using Acrobat Reader tools and pasted into documents to include as references for case work. It is expected the CDROM will be update every 2-3 years. The JCLIC Archives CDROM is available to members of CLIC, only! It will not be sold or issued to individuals or agencies who are not current members of the Association. The price for this remarkable reference tool is $125 – essentially $10 per year. To encourage member participation in providing information to the Journal, members submitting papers or other material judged by the Journal Editorial Secretary, Rachel Cutler, to be worthy, will receive a free copy of the JCLIC Archives CDROM for their contribution (limit 1 CD per person). For more information regarding the JCLIC Archives CDROM, contact: Roger Ely Phone: (415) 744-7051 Email: [email protected] The JCLIC Archives CDROM can be ordered from: Steve Johnson LAPD Crime Laboratory 555 Ramirez St Ste 270 Los Angeles, CA 90012-6302 Phone: (213) 847-0041 Fax: (213) 847-0036 Email: [email protected]

THANK YOU! THANK YOU!! THANK YOU!!! I want to thank everyone who helped to make the New Orleans meeting a success. I especially want to thank my co-host organization, the Acadiana Crime Lab. Laurette Rapp, Kevin Ardoin, James Braud and Martin Garner: you were the best to work with and this meeting could not have happened without your help. I want to again thank Kathy Sullivan for her work getting vendors. Thanks to Roger Ely for a good program, Pia Ely for her work helping ahead of time and with door prizes. I want to thank the Arkansas delegation Norman Kemper,

VOLUME 12 NUMBER 4 — OCTOBER 2002

Linda Burdick and all for helping anytime I asked, passing out papers or whatever needed doing. Thanks to John Hugel, Peter Vallely, Mark Kalchik, Carl Anderson, Steve Johnson and Pam Smith. Meetings like this can only be successful through the effort of a team. I had a good team with lots of experience to draw on and work with. I hope everyone enjoyed the meeting and hope you can make it to Richmond, Virginia next year. Pam Johnson SEMO Regional Crime Lab

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

WELCOME NEW MEMBERS FOR 2003 Congratulations on your election to membership. We are glad to have you officially on board and thank you for your interest in CLIC. I would encourage ALL of the new members to take an active part in the organization. It is this exchange of information that makes CLIC a very important organization to the bench chemists. Lab seizures, unusual labs, new techniques for sample handling, new laws, unusual or new drugs, by-product information, etc. is important to send into the Journal for distribution. What you are seeing in your samples or are doing in your labs may seem common to you, but may be just the solution to someone else’s problem. If you feel you can PLEASE CONTRIBUTE TO THE JOURNAL. REMEMBER, if you change employment you MUST let the Membership Secretary, Anne Coxon, know as soon as possible. She can be reached at [email protected].

AGENCY MEMBERSHIP Gibson, Keith ........................... Texas DPS Lab – Houston, TX

ASSOCIATE MEMBERSHIP Berezansky, Paula .................... National Drug Intelligence Center – Pennsylvania, PA Purviance, Tait .......................... Pierce County Sheriff’s Department – Tacoma, WA Wong, Liqun* ........................... DEA ODE/OD – Washington, DC Zachariades, Constantinos* ...... AFIERA/SDTF – TX

REGULAR MEMBERSHIP Anderson, Sara .......................... Kansas Bureau of Identification – KS Beatty, Amy ............................. Georgia Bureau of Investigation – GA Borngasser, Jeffrey ................... Oregon State Police Lab – OR Brown, Jesse ............................. Georgia Bureau of Investigation – GA Camp, Amanda ......................... Arkansas State Crime Lab – Little Rock, AR Carpenter, Judy ........................ Health Canada, Drug Analysis Service – Toronto, ONT – Canada Chalmers, Megan ...................... ESR – Auckland, New Zealand Collins, Dottie .......................... Texas DPS Lab – Houston, TX Conrad, Brandon ....................... Texas DPS Lab – Tyler, TX Curry, Michelle ........................ DEA South Central Lab – Dallas, TX Escamilla, Brian ........................ Sacramento County Crime Lab – Sacramento, CA Eubank, Darrell ......................... DEA South Central Lab – Dallas, TX Eugenio, Edgardo ...................... LAPD Crime Lab – Los Angeles, CA Farmer, James* ......................... Richland Co Sheriff’s Department – SC Fertig, Camie ............................. Nebraska State Patrol Crime Lab – NE Flamini, Paola Dr. ..................... Servic Polizia Scientifica – Italy Gatenby, Wayne ....................... ESR – Auckland, New Zealand Gemson, Andrea ....................... Tucson P. D. Lab – Tucson, AZ Haas, Carla Jo ........................... DEA South Central Lab – Dallas, TX Hamlin, Ann ............................. North Carolina Bureau of Investigation – NC Harris, Nicole ............................ Phoenix P.D. Lab – Phoenix, AZ

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Hutto, Dameon* ....................... Alabama Dept. Forensic Science – AL Jackson, Linda .......................... Virginia Division of Forensic Science – VA Johannsen, Mogens .................. Dept. Forensic Medicine – Risskov, Denmark King, Alex* ............................... North Louisiana Crime Lab – LA Kitchen, David* ........................ Health Canada – Winnipeg, MB – Canada Kopp, Tanja ............................. Georgia Bureau of Investigation – GA Krey, Brian ............................... St Charles County Crime Lab – MO Lee, Christopher ....................... CA DOJ Fresno Lab – Fresno, CA Lepper, Matthew ..................... Missouri Highway Patrol Crime Lab – MO Litofsky, Irvin .......................... Baltimore County P.D. Forensic Service Section – MD Lumaca, Egidio .......................... Servic Polizia Scientifica – Italy Miller, Barry ............................. CA DOJ Redding Lab – Redding, CA Moss, Hailey ............................ Indiana State Police – IN Nord, Anne ............................... Idaho State Police Forensic Services – ID Orlando, Pauline ....................... DEA South Central Lab – Dallas, TX Parish, Amy .............................. Georgia Bureau of Investigation – GA Pinero, Enrique ......................... DEA South Central Lab – Dallas, TX Price, Monica* .......................... Alabama Dept Forensic Science – Mobile, AL Ream, Karen* ........................... Texas DPS Lab – Tyler, TX Reid, Steve ................................ WSP Crime Laboratory – WA Robert, Casey ........................... Oregon State Police – OR Robertson, Carole ..................... Health Canada – Burnaby BC – Canada Sarver, Matthew ....................... Arkansas State Crime Lab – Little Rock, AR Scott, Deneen ............................ Georgia Bureau of Investigation – GA Simon, Matthew ....................... Georgia Bureau of Investigation – GA Sobieralski, Carl ........................ Indiana State Police – IN Souther, Krista .......................... DEA South Central Lab – Dallas, TX Striebel, Robert ......................... Colorado Springs Metro Crime Lab – Colorado Springs, CO Sullivan, Christy ....................... Arkansas State Crime Lab – Little Rock, AR Tarbox, Dawn* ......................... Texas DPS Lab – Houston, TX Wacker, Angela ......................... DEA South Central Lab – Dallas, TX Wallace, Kirsten ........................ CA DOJ Chico Lab – Chico, CA Wheeler, Larry .......................... Georgia Bureau of Investigation – GA

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ABSTRACTS FROM THE 12TH ANNUAL TECHNICAL TRAINING SEMINAR NEW ORLEANS HILTON – RIVERWALK New Orleans, LA September 4 – 8, 2002

TECHNICAL TRAINING TOPICS “Clandestine Biological Weapons Production”, Dennis Reutter, Ph.D., ECBC Technical Director, U.S. Army Edgewood Chemical Biological Center, Edgewood Arsenal, MD Production of biological materials for the purpose of causing death or mass terror is very much in the headlines today. From accounts in the popular press, one would think that anyone with a couple of years of college level microbiology could become a successful international terrorist. Indeed biological warfare is one of the oldest forms of warfare. Yet most recent cases where biological agents have been used to purposely cause sickness or death have been small-scale operations. In reality, bio-terrorism is somewhat more complicated than some would indicate. Any would be practitioner of bio-terrorism must successfully traverse several technical and logistical hurdles to produce quantities of deadly organisms and put them into a form that is survivable and capable of being disseminated effectively and do so without doing themselves in first. This requires that they have skills and equipment to take them through well-defined steps from acquisition of the organism to the end product. We will review the defined steps and the equipment that one might see in a true clandestine bio laboratory. “Clandestine Chemical Warfare Production”, Dennis Reutter, Ph.D., ECBC Technical Director, U.S. Army Edgewood Chemical Biological Center, Edgewood Arsenal, MD Most chemicals now in the inventories of countries signatory to the Chemical Weapons Convention were discovered before World War II. Synthesis routes for those chemicals have been in the scientific literature for decades and increasingly recipes for production of highly toxic materials are showing up on the Internet and in open literature publications. Most graduate level students in organic chemistry easily understand the chemistry for synthesis of those chemicals. Yet there have been very few instances where chemical weapons have been produced and successfully deployed. Part of the reason is that precursors for the easiest production routes are now controlled as a part of compliance with the Chemical Weapons Convention. But much of the explanation for this is the very toxicity of the chemicals themselves, which make their production a highly hazardous endeavor. Indeed, without extreme attention to engineering controls, personal protective equipment, and containment, the chances of surviving an attempt to make

VOLUME 12 NUMBER 4 — OCTOBER 2002

significant quantities of chemical weapons are not high for a novice. We will review some of the aspects of chemical weapons production and some recognition factors for clandestine laboratories that have attempted to overcome the technical and operational barriers. “G3 Custom Fabrication – Science Alliance”, Detective Daniel Toulouse, Mesa Police Department, Mesa, AZ In June 2000 the Maricopa County HIDTA/DEA Phoenix Field Division concluded a six month long investigation targeting a clandestine ecstasy (methylenedioxyamphetamine, MDA) laboratory operating in Flagstaff, Arizona. The three operators of the ecstasy laboratory were college students attending Northern Arizona University. The theoretical production capability of the lab was determined to be 85 kilograms of MDA. Safrole was distilled from Camphor Oil 1.070 to obtain the necessary precursor. In June 2001, as a follow-up into the main chemical supplier for the Arizona ecstasy laboratory, a yearlong investigation culminated with the arrests of the co-owners of the Science Alliance, an Internet based Chemical Supply Company located in Humble, Texas. During the course of the investigation agents discovered the three college students had utilized anarchist recipes to assist in their manufacturing of MDA. “Total Synthesis II” – a comprehensive and detailed book on the underground production of Ecstasy, Methamphetamine and other Psychedelic Amphetamines, and “Sources” – an International Reference of Supply Houses and Resources for the Chemist, were two books used by the college students. Both books were authored by “STRIKE”, one of the co-owners of the Science Alliance. Strike also created the “HIVE” Internet web site, which is considered the information highway for people interested in learning how to manufacture illicit drugs. The site, originating in late 1996 as a means to sell his books, quickly turned into a forum for underground chemists to discuss and strategize new synthesis methods. Today, the site has several thousand registered members, both domestic and foreign. As a result of the seizure of business records from the Science Alliance, investigative leads for suspicious chemical sales, as well as other leads, intelligence and evidence were identified in 48 state and 27 foreign countries. A list of “high probability” leads identifying a minimum of 106 ecstasy labs, 139 methamphetamine labs and 152 GHB/1,4-Butanediol related labs were disseminated globally. Seizures of clandestine laboratories identified through the investigative leads continue to date.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION The presentation will provide an overview into the Arizona ecstasy laboratory, the HIVE Internet web site, the Science Alliance Internet Chemical Supply Company and subsequent identification of several hundred suspicious chemical sales resulting in numerous other clandestine laboratory seizures. “DEA Operation Triple X”, Special Agent Greg Coffey, US Drug Enforcement Administration, San Diego Field Division, San Diego, CA In October 2001, the DEA/San Diego Field Division concluded a yearlong investigation targeting an ecstasy manufacturing organization based in Southern California. The investigation involved the interception of 20 wiretaps and lead to the seizure of one of the largest ecstasy laboratories discovered in the United States. During the course of the investigation agents learned that members of the organization were using the Internet to discuss manufacturing procedures and to purchase chemicals and equipment from companies inside and outside the United States. The case was significant for several reasons. From an investigative standpoint, DEA utilized the first pure “Internet pipeline” interception in the United States to track the organizations activities and chemical purchases. From the scientific side, the DEA learned that the targeted organizations were using an uncommon method to produce ecstasy from 3,4-methylenedioxypheyl-2-nitropropene, a non regulated precursor in the United State. The presentation will illustrate the methods used to develop the investigation and to target numerous chemical companies, including Science Alliance, which were providing the necessary chemicals and equipment. “Phenyl-2-propanone: Synthetic Methods and Analytical Perspectives”, Roger A. Ely, Senior Forensic Chemist, DEA Western Laboratory, San Francisco, CA After an approximate 10-year lull in the discovery of clandestine methamphetamine laboratories using a reductive amination of pheyl-2-propanone (P2P), the number of such labs has rapidly increased since the first of 2002. In addition, the numbers of samples of d,l-methamphetamine HCl submitted to the DEA South Central laboratory has increased. These samples have been identified as being synthesized from P2P due to the reaction by-product, α-benzyl-N-methylphenethylamine. The P2P process fell out of favor in the early 1990’s due to several factors. First, precursor chemicals to manufacture P2P were severely regulated; secondly, many of the old P2P cooks, usually associated with outlaw motorcycle gangs, had been arrested and sentenced under the US Federal Sentencing Guidelines for terms ranging from 10 years to life in prison; and, finally, the increase in interest and participation of Mexican nationals in the synthesis of methamphetamine drove the prices of

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methamphetamine so low as to make it more economical for the motorcycle gangs to purchase methamphetamine directly from the Mexican national organizations. The syntheses of P2P are re-visited with an eye to the syntheses of precursors to precursors to precursors, etc. Four P2P reactions using phenylacetic acid, the most common and popular of the P2P routes, are presented. Three other less common routes will be presented, two of which use unregulated chemicals. Instrumental data, reaction mechanisms and information regarding the formation of route distinguishing by-products will be presented. “Adverse Health Effects in Clandestine Drug Lab Investigators”, Jeff Burgess, MD, MPH, University of Arizona, College of Public Health, Tucson, AZ Law enforcement officers investigating clandestine drug laboratories face a large number of chemical hazards that vary from one laboratory to the next. Unfortunately there is very little documentation in the medical literature of the health effects of this type of work, and few physicians are familiar with evaluation and treatment of chemical exposures. Therefore, lab investigators may not always receive the most appropriate medical care following an acute exposure. This makes it even more important for investigators to understand the potential health effects of their work. An investigator needs to both avoid injurious exposures and failing this, to be able to advocate the best possible treatment. This presentation will review the few published health studies on lab investigators and will describe in particular the presentation, diagnosis, and treatment of different forms of lung injury. These studies will include actual law enforcement case studies and can provide an opportunity to discuss the pros and cons of different forms of respiratory protection. “Anhydrous Ammonia Additives For the Inhibition of Methamphetamine Synthesis”, Craig A. Kelly, David S. Lawrence, George M. Murray, and O. Manuel Uy; Technical Services Department, Johns Hopkins University Applied Physics Laboratory, Laurel, MD In an effort to decrease the theft of anhydrous ammonia for use in the synthesis of methamphetamine, we have evaluated the effectiveness of a diverse range of potential additives with respect to their ability to inhibit the conversion of ephedrine (its isomers and salts) to methamphetamine. We have further evaluated the issues surrounding the introduction of such an additive into the supply of anhydrous ammonia, and have used this evaluation to identify a prototype additive that is both an effective inhibitor of methamphetamine synthesis and feasible for industrial implementation. Mechanisms for methamphetamine synthesis inhibition, constraints imposed by the goal of implementation, and the future direction of the project will be presented.

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VOLUME 12 NUMBER 4 — OCTOBER 2002

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “Drug Yield Calculator, Version 3.2”, John Hugel, Terry Evoy, Sgt. Mark Pearson; Health Canada and the Royal Canadian Mounted Police (respectively), Toronto, ON – Canada The Drug Yield Calculator is a computer program to calculate the potential yield of a scheduled drug, in terms of weight and number of doses, given a known amount of precursor and the synthetic route. The program will also indicate how much of other precursors are needed to make the calculated amount of drug. The figures from the calculator are based on practical, not theoretical yields. Figures used in the program are detailed in supporting documents, which are included. The calculator is intended for use by police officers, chemists, and prosecuting attorneys involved in the interdiction of clandestine laboratories. The program works well for inputs between 1g (ml), to 10,000 kg (L). Figures are based primarily on published information. Yields and doses are what would be anticipated for a reasonable skilled chemist and an unaddicted user. Version 3.2 of the Drug Yield Calculator offers several enhancements over version 2.1. All information is now provided in both English and French. Several reactions and a new module have been added. A report option is now available which will summarize results in a format suitable for printing. The Drug Identification Assistant will indicate which reactions include a particular precursor. A street value calculator will display the monetary value of the number of doses that are obtained by the Drug Yield Calculator. Help files are now more detailed and offer improved searching capabilities. The software is, itself, free and may be distributed to appropriate personnel. Future versions are planned and input is welcomed. “CLIC Journal Archives on CDROM”, Roger A. Ely, Former Editorial Secretary, CLIC The CLIC Journal has always been one of the motivating forces for joining the Association. The CLIC Journal was first published in October 1990 as an “Inaugural Issue”, laying out the plans for the Association and contained legal, lab seizure and original research information. The Journal has always been laid out and set using the software, PageMaker. Due to lack of insight on the part of the Editor (me!), I saw no reason in the early days to save the electronic PageMaker files that produced the Journal. New members and others have always asked about obtaining copies of the early issues of the Journal. For several years, photocopying facilitated this. In 1996, a printed index of the years 1990-1995 was produced. It was handy, but still required a collection of all the issues of the Journal. In 1996, Adobe Systems, Inc. purchased the rights and license to PageMaker and began bundling the software with Adobe Distiller, a program which creates compact Portable Document

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Files (PDF) that retain the original layout of the document and is viewed using a free viewer, Adobe Acrobat Reader, on several computer formats (PC, Mac, Unix, etc.) The conversion of the earlier Journals to PDF format, the installation of Acrobat Reader, and the Journal files will be presented. Each attendee will receive a CDROM as part of their packet containing the Journal collection from October 1990 to July 2002.

TECHNICAL PAPERS “A Case Study: The Recent Seizure Of A P-2-P/Methamphetamine Laboratory With An Interesting Route to P-2-P”, Keith Chan, Forensic Chemist, and Roger A. Ely, Senior Forensic Chemist, DEA Western Laboratory, San Francisco, CA On March 14, 2002, an operational phenyl-2-propanone (P-2-P)/ methamphetamine clandestine laboratory was seized. The defendant had receipts dating back nearly four years indicating that he was converting benzyl chloride to benzyl cyanide, then to phenyl acetic acid and then to P-2-P. Finally, the receipts also indicated that he was converting the P-2-P to d,l-methamphetamine using methyl formamide via the Leuckart reaction. However, the amount of benzyl chloride that the defendant purchased, did not justify the amounts of other precursors and chemical. At the seizure of the laboratory, the evidence and an interview with the defendant confirmed our suspicions regarding the synthesis routes and the production of benzyl chloride using toluene and chlorine gas. “Identification Of Reaction By-Products Of Common Cold Tablet Ingredients Via Hydriodic Acid/Red Phosphorus”, James L. Jackobs, Forensic Chemist, Fracia S. Martinez, Forensic Chemist, and Harry F. Skinner, Senior Forensic Chemist; DEA Southwest Laboratory, National City, CA Clandestine methamphetamine laboratories are prevalent in the United States. One of the main methods of synthesis is the reduction of ephedrine or pseudoephedrine with hydriodic acid and red phosphorus. Due to increased restrictions on obtaining pure precursor ephedrine or pseudoephedrine, most clandestine laboratory operators are utilizing common cold tablet preparations. These cold tablet preparations contain ephedrine or pseudoephedrine and other ingredients such as cough suppressants, analgesics, expectorants and antihistamines. Common ingredients include: acetaminophen, chlorpheniramine, dextromethorphan, diphenhydramine, doxylamine, guaifenesin, and triprolidine. It has been documented that these compounds may be present in methamphetamine reaction mixtures and subsequently produce other by-products.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION The identification of these by-products in clandestine methamphetamine laboratories would assist the analyst in determining which cold tablet preparation was used as the precursor source. The ratios of these by-products relative to methamphetamine are usually very low in the final product. In most cases the identification of the by-products can be quite a challenge. This paper will present an extraction technique that can be used to easily identify these by-products.

POSTER PRESENTATIONS “The Detection Of Phosphine Gas Produced From Hydriodic Acid And The Evaluation Of Detection Instruments For Use In Clandestine Laboratory Environments”, Lynn J. Willers, Los Angeles County Sheriff’s Office, Los Angeles, CA To evaluate their effectiveness at methamphetamine labs, three phosphine detectors utilizing electrochemical sensors and one manual color detector were exposed to three heated hydriodic acid preparations. Phosphine generation was recorded with respect to concentration and temperature. The instruments were also exposed to a variety of other non-phosphine producing chemicals, acids, bases, and solvents commonly encountered at ephedrine-hydriodic acid labs, to evaluate the detectors for crosssensitivity. Two identical electrochemical sensor detectors demonstrated consistency with one another independent of re-calibration, but a third detector from a different manufacturer consistently displayed higher concentrations of phosphine even when phosphine was not present. The manual color detection method responded to phosphine sporadically and at varying concentrations during heating of the hydriodic acid. Additional results showed that phosphine was generated near the expected temperature and at a lower concentration, when hydriodic acid

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was made using red phosphorus, but at a lower temperature and at a greater concentration when hypophosphorous acid was used as the phosphorus source. With the exception of minor crosssensitivity, the electrochemical sensor detectors operated effectively in the presence of chemicals encountered at ephedrinehydriodic acid clandestine laboratories. “The Determination Of The Potential Production Capabilities of Clandestine Methamphetamine Laboratories In The Absence of the Precursors Ephedrine Hydrochloride Or Pseudoephedrine Hydrochloride”, Terry A. Dal Cason, Senior Forensic Chemist, DEA North Central Lab, Chicago, IL During the last several years, a majority of clandestine methamphetamine laboratories have used either the iodine/red phosphorus couple or lithium in anhydrous ammonia as the medium to reduce the precursors ephedrine hydrochloride (HCl) or pseudoephedrine HCl. Often these precursors are stored at one location while the additional reaction components are kept at separate locations. The various reaction components are only brought together when the synthesis is to be performed. Sometimes the stockpile at a non-precursor site is found but no precursors storage sites are located. In instances such as this, determination of the theoretical capacity of the suspected lab is very difficult to ascertain. This is a direct result of the fact that no new or additional atoms are to be found in the synthesized methamphetamine molecules that are contributed from any of the reactants. One approach to solving this problem is through examination of the sequential series of reactions that result in the production of the final methamphetamine product. This presentation suggests a method for calculating the theoretical methamphetamine yield in the absence of ephedrine and Pseudoephedrine precursors.

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VOLUME 12 NUMBER 4 — OCTOBER 2002

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

N-NITROSO-FENFLURAMINE IDENTIFIED KEITH NORMAN, CHEMIST & RESEARCH OFFICER Forensic Science Laboratory – Chemistry Centre Western Australia Phone: 61-89-222-3579 Fax: 61-89-222-3087 E-mail : [email protected]

Samples were received from a company that was importing Chinese slimming capsules into Singapore. The client was being prosecuted for the presence of a synthetic compound in what was meant to be a herbal remedy. Fenfluramine was detected in trace amount approximately 0.005 milligrams per capsule. Review of the literature showed that similar products had been imported into Japan and N-Nitroso-fenfluramine was detected in these products.

m/z

Rel. abund.

159.1 101.1 186.1 71.1 56.1 70.1 109.1 42.1 160.1 117.1 187.1 211.1 210.1 119.1 28.1 29.2 115.1 41.1 230.1 102.1 89.1 72.1

100 61 53 47 42 30 14 10 9 8 7 7 6 6 5 4 4 4 4 4 4 3

N-Nitroso-fenfluramine was synthesized from fenfluramine using sodium nitrite and hydrochloric acid. The final product was extracted into dichloromethane for GC-MS analysis following pH adjustment with sodium hydroxide.

Preparation of N-Nitroso-fenfluramine H N

F3C

CH3

+ NaNO2 CH3

fenfluamine

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N

HCl

O

N

F3C

CH3

CH3

sodium nitrite

N-nitroso-fenfluramine

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CLANDESTINE LABORATORY SEIZURES REQUEST FOR FIRE-RELATED INFORMATION Recently, I was called to a fire scene, which was the result of a clandestine methamphetamine lab gone wrong. Apparently, boiling down Coleman Fuel in a casserole dish on an electric range is a bad idea. Who knew? Anyway, upon arrival I learned that two of the fire fighters had taken ill and were being treated at a local hospital. They had fought the fire in full SCBA but had taken off their units for the “mop up.” This is the second fire scene I’ve been called to in a year and a half, both times fire fighters had taken ill during the fire scene cleanup and not the active fire extinguishing. Both times they didn’t know it was a lab scene until after contamination had occurred. I am interested in gathering some information with regard to the frequency of meth labs being found during a fire investigation, along with the frequency and types of fire fighter injuries related to lab specific hazards. If you have any information, which you think might be helpful, please contact: Christian C. Matchett GBI Northwestern Regional Crime Lab 533 Underwood Drive Trion, GA 30157 phone: (706) 857-0888 fax: (706) 857-0881 email: [email protected]

Dynamite brings us to our second laboratory. ISP Forensic services were notified July 18th of another clandestine laboratory that included at least one destructive device. Arriving on scene, we were happy to see that a US Army EOD team was already on scene, and that they had dismantled the device – 4 sticks of DynoNobel dynamite wrapped in Prima-cord with a firecracker initiator. As a point of interest, firecrackers are not a good Prima-cord initiator. I can go so far as to say that if the suspect had been able to activate the device, the Prima-cord, which burns at a rate in excess of several thousand feet per second, would have blown the dynamite before the suspect could have said “Oops!” After conferring with the powers that be, the responding chemist swiped a set of assault body armor (aka: Turtle shell) and helmet from an ISP Detective and joined the EOD technicians in searching the residence for additional device (the DOD would not let the techs enter without some form of support for chemical hazards). The search lasted approximately 1 hour and failed to turn up any additional devices. However, we are happy to announce that our newest chemist, only in his 3rd week of work, and at his first clan lab, was fortunate to discover a second device later in the afternoon while assisting in a search of the suspects bedroom. He handled the situation quite well, but has been chastised for getting to play with explosives before his trainer got to . . . Michael Anthony Idaho State Police Forensic Services Pocatello, ID

DARWIN AWARD CANDIDATES – ENTRIES FROM IDAHO It has been an interesting July in Eastern Idaho. In the last few weeks, we have only responded to 2 clandestine methamphetamine laboratories, but both have been contenders for some type of Darwin Award. On July 5th, Idaho State Police Forensic Services was notified of an abandoned clandestine laboratory located 10 miles east of Blackfoot, Idaho. Loading up our gear, we responded to find that the suspects were already in custody (and busy ratting each other out) and that they were stupid. In two different attempts to manufacture methamphetamine, the suspects had managed to set their lab facility (a cattle pasture) on fire and have their reaction vessel (an igloo cooler) melted. The fire was started by the combination (we believe) of red phosphorous, iodine, water, and white gas and burned approximately 100 square feet. The cooler was decimated using a “modified” Birch Reduction method including liquid ammonia, bleach, red phosphorus, and lithium batteries. Unfortunately, prosecution is proceeding. I recommended that the suspects be released on their own recognizance and given a few sticks of dynamite.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

SENTENCING ENHANCEMENTS SURVIVE APPELLATE COURT SCRUTINY U.S. 9th Circuit Court of Appeals

conspiracy, and it imposed a two-level enhancement pursuant to U.S.S.G. S 2D1.1(b)(1) for the possession of a firearm in the course of the conspiracy. Valensia contends that the district court should have applied a clear and convincing evidence standard in assessing the enhancements on the ground that the enhancements had an extremely disproportionate effect on the length of his sentence. He also contends that the evidence offered in support of the enhancements failed to satisfy even the preponderance of evidence standard because it consisted of “inherently unreliable” hearsay statements.

USA v VALENSIA 9910170 UNITED STATES OF AMERICA, No. 99-10170 Plaintiff-Appellee, D.C. No. v. CR-97-05114-OWW ELIODORO VALENSIA, OPINION Defendant-Appellant. Appeal from the United States District Court for the Eastern District of California Oliver W. Wanger, District Judge, Presiding Argued and Submitted January 14, 2000—San Francisco, California Vacated January 26, 2000 Resubmitted July 3, 2000

I

Filed August 1, 2000 Before: Arthur L. Alarcon, A. Wallace Tashima, and Barry G. Silverman, Circuit Judges. Opinion by Judge Alarcon COUNSEL Patience Milrod, Law Office of Patience Milrod, Fresno, California, for the defendant-appellant. William L. Shipley, Assistant United States Attorney, Fresno, California, for the plaintiff-appellee. OPINION ALARCON, Circuit Judge: Eliodoro Valensia appeals from the sentence imposed by the district court following his plea of guilty to conspiracy to distribute methamphetamine and to conspiracy to possess methamphetamine with the intent to distribute in violation of 21 U.S.C. SS 841(a) and 846. The district court imposed a two-level enhancement pursuant to S 3B1.1(c) of the United States Sentencing Guidelines (“U.S.S.G.”) for Valensia’s role as a manager or supervisor in the

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We have jurisdiction pursuant to 18 U.S.C. S 3742(a). We hold that the district court did not err in applying the preponderance of the evidence standard in making its factual determinations because the contested enhancements, based on uncharged acts or conduct, did not have an extremely disproportionate effect on the length of Valensia’s sentence. We affirm the sentence imposed by the district court, because we conclude that the hearsay statements offered by the Government during the sentencing proceedings were accompanied by sufficient indicia of reliability.

On July 12, 1996, the Fresno County Sheriff’s Department received a tip from an informant that an active methamphetamine laboratory was in operation at 6291 East Clarkson Avenue in Selma, California. Law enforcement officers obtained a warrant and searched the location. There, they discovered a laboratory that was manufacturing approximately seventy pounds of methamphetamine. They also found several loaded firearms, including an AK 47-style assault rifle and a .380 caliber handgun, which were located inside a mobile home adjacent to the laboratory. Raymond Davis, Jose Arzate, and Roberto Mora were arrested at the scene. Valensia, who was not present during the raid, was not arrested. On October 14, 1996, the Fresno County Sheriff’s Department received a tip from an informant that Valensia was in the process of manufacturing methamphetamine in an apartment at 1614 East Myrtle Avenue in Reedley, California. Law enforcement officers served a search warrant and entered the premises, where they discovered six pounds of finished methamphetamine and five pounds of methamphetamine in solution. Valensia was present during the raid and arrested. When he was arrested, Valensia was carrying a pager. On May 1, 1997, the United States Attorney for the Eastern District of California charged Valensia with conspiracy to distribute methamphetamine and with conspiracy to possess methamphetamine with the intent to distribute in violation of 21 U.S.C. SS 841(a) and 846. On September 28, 1998, Valensia

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION entered a plea of guilty to these charges. During the plea proceedings, he admitted obtaining chemicals for the production of methamphetamine, attempting to manufacture methamphetamine at the Clarkson laboratory site, and transporting chemicals and equipment to the Myrtle laboratory site. After interviewing Valensia, a probation officer recommended that he be given a three-level reduction in sentence pursuant to U.S.S.G. S 3E1.1 for accepting responsibility for his involvement in the drug conspiracy. The probation officer also recommended, however, that Valensia be given a two-level enhancement pursuant to U.S.S.G. S 3B1.1(c)1 for his role as a manager or supervisor of the drug conspiracy, and a two-level enhancement pursuant to U.S.S.G. S 2D1.1(b)(1)2 for the possession of a weapon during the course of the conspiracy. Valensia objected to the factual findings regarding the two proposed enhancements. In response, the United States requested an opportunity to present evidence regarding whether Valensia played an aggravating role in the conspiracy and whether he could foresee that weapons would be possessed at the Clarkson location. The district court heard testimony on both issues from two Government witnesses, Detective Richard Lyons and Detective Brent Wood, of the Fresno County Sheriff’s Department. Detective Lyons participated in both the initial search of the Clarkson laboratory site and the investigation of additional suspects who were believed to be involved in the manufacture of methamphetamine, but who were not arrested during the raid. Detective Lyons testified that Raymond Davis, who resided at the Clarkson address at the time of his arrest, informed him that a person named “Lalo” or “Lolo” was the organizer of the Clarkson laboratory. Detective Lyons testified that Davis positively identified Valensia from a photograph as the person named “Lalo” or “Lolo. “ Davis also admitted accepting a total of $4,500 from Valensia in exchange for allowing him to use the location to manufacture methamphetamine in June or July of 1996, and on a second occasion beginning on July 11, 1996. Detective Wood testified that he interviewed Jose Arzate following the July 12, 1996 raid of the Clarkson laboratory site. Arzate identified Valensia from a photo lineup as the person responsible for the Clarkson laboratory site. Arzate referred to Valensia as “Lolo.” Arzate also informed Detective Wood that Valensia had offered him $3,000 to find a suitable location for manufacturing methamphetamine. Arzate further stated that Valensia and several Hispanic males unloaded laboratory equipment at the Clarkson property. Valensia began the process of manufacturing methamphetamine at the Clarkson laboratory site, and remained there after the chemical process started. Detective Wood also testified that he interviewed Roberto Mora, Valensia’s nephew. Mora informed Detective Wood that he had assisted Valensia in manufacturing methamphetamine at the

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Clarkson laboratory site. Mora observed Valensia add a different type of freon to the chemical solution to improve its yield. On the day of Mora’s arrest, Valensia came to the Clarkson laboratory site, added ice to large plastic barrels used in the manufacturing process, and then left the location, stating that he would return later. Detective Wood testified that, based on his knowledge and experience, Valensia’s conduct, as described by Mora, was indicative of a person who is responsible for operating a methamphetamine laboratory. Detective Wood also testified that he examined telephone records from locations believed to be involved in the drug conspiracy. These records reflected that telephone calls were placed from several of the locations believed to be involved in the conspiracy to Valensia’s residence and to his pager. The district court applied the preponderance of the evidence standard and, based on the statements of his coconspirators, found that Valensia was the manager or supervisor of the drug conspiracy. The district court imposed a two-level enhancement for his role in the offense pursuant to U.S.S.G. S 3B1.1(c). The district court also found that, given his role in the conspiracy, Valensia “had to have knowledge” of the weapons that were seized at the Clarkson laboratory, and imposed a two-level enhancement pursuant to U.S.S.G. S 2D1.1(b)(1). The district court granted Valensia a three-level downward adjustment for his acceptance of responsibility and sentenced him to imprisonment of 262 months. Had it not been for the two contested enhancements, Valensia’s sentence would have ranged from 168-210 months. II Valensia contends that the district court erred in failing to apply the clear and convincing evidence standard in determining whether he played a managerial role in the conspiracy alleged in the indictment and was responsible for possessing a firearm during the commission of that offense. He also seeks reversal of the district court’s sentencing decision on the ground that the district court erred in relying on inherently unreliable hearsay statements in enhancing his sentence. We review de novo the constitutionality of a sentence. See United States v. Mezas de Jesus, _______ F.3d _______, _______ No. 98-50639, 2000 WL 772188 (9th Cir. June 16, 2000).”Because due process protects a defendant’s interest in fair sentencing, we review the district court’s application of the standard of proof at sentencing for harmless error beyond a reasonable doubt.” Id. at _______. In United States v. Restrepo, 946 F.2d 654 (9th Cir. 1991) (en banc) (Restrepo II), we held that due process is generally satisfied when a district court uses the preponderance of the evidence standard in making findings in sentencing proceedings.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Id. at 661. In that case, Restrepo was charged in count I and count II of the indictment with distributing cocaine. See United States v. Restrepo, 903 F.2d 648, 650 (9th Cir. 1990) (Restrepo I). Judith De Maldonado, a codefendant, was also charged in count II. See id. In addition, she was charged separately in counts III and IV with possession of cocaine with the intent to distribute. See id. She pleaded guilty to count II, count III, and count IV of the indictment. Restrepo was convicted as charged in count I and count II of the indictment. See id. De Maldonado testified during Restrepo’s trial that he “provided all the cocaine that she had sold, and an additional amount of cocaine that she had turned over to the police.” Restrepo I, 903 F.2d at 650. The sentencing guideline range for the crimes charged against Restrepo in count I and count II, after considering the amount of drugs involved in the commission of those offenses, would have been 27-33 months. See id. In calculating Restrepo’s sentence, the district court aggregated the amount of drugs involved in the charges against De Maldonado in count III and count IV, and the additional amount she turned over to the police even though Restrepo was not charged in count III and count IV. See id.; Restrepo II, 946 F.2d at 661. Restrepo’s offense level was raised from 14 to 18, and, given his criminal history category, his sentence was increased to a range of 41 to 51 months. See Restrepo I, 903 F.2d at 650. The district court sentenced Restrepo to a 46-month prison term to be followed by 6 years of supervised release. See id. The 46-month sentence imposed by the district court, as a result of the four-level enhancement, was a 70.4% increase from the low end of the initial sentencing guideline range of 27 to 33 months, a 53% increase from the median of that range, and a 39.4% increase from the high end of that range. We held that the application of the preponderance of the evidence standard satisfied the Due Process Clause. See Restrepo II, 946 F.2d at 660-61. In reaching our decision, we noted that the sentencing guideline construed by the district court did not: (1) negate the presumption of innocence or the prosecutor’s burden of proving guilt with regard to the underlying crime in the conviction stage of the criminal justice process, or (2) alter the maximum penalty available for the crime committed, or (3) create new offenses requiring separate punishment. Id. at 657 (footnote omitted). We also concluded that none of these factors was at issue, given the particular facts of the case. In his concurring opinion, Judge Tang noted that the sentence imposed by the court had “no effect on the maximum penalty authorized by statute.” Id. at 662. Judge Tang also stated that “the sentencing factor here in question did not drastically affect the Guidelines range to which Restrepo was otherwise subject.” Id. In Restrepo II, we commented in dicta, that “there may be an exception to the general rule that the preponderance standard

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satisfies due process when a sentencing factor has an extremely disproportionate effect on the sentence relative to the offense of conviction.” Restrepo II, 946 F.2d at 659. In footnote 12, we stated that footnote 1 contains “examples of two scenarios under the Guidelines that [threaten ] an unacceptable sentencing effect under only a preponderance of the evidence standard.” Id. at 661 n.12. Footnote 1 reads as follows: The Third Circuit has recognized that if a sentencing factor has an extreme effect on the sentence, such as a departure from 30 months (the median of the applicable guideline range in that case) to 30 years, the sentencing factor has become “ `a tail which wags the dog of the substantive offense.’ “ United States v. Kikumura, 918 F.2d 1084, 1101 (3d Cir. 1990) (quoting McMillan, 477 U.S. at 88, 106 S. Ct. at 2417). Consequently, the court concluded that the factor must be proven by clear and convincing evidence. Id. at 1102. The Eighth Circuit has also suggested, without deciding, that a sentencing factor that produces an 18-level increase in a base offense level and a 7-fold increase in the permissible sentencing range may require clear and convincing evidence before it can be applied. United States v. Townley, 929 F.2d 365, 370 (8th Cir. 1991). Id. at 656 n.1. Since we published our decision in Restrepo II , we have considered the question whether the district court’s sentence was extremely disproportionate relative to the offense of conviction in five cases. We did not articulate a bright line rule for determining when the clear and convincing evidence standard must be applied in any of these cases. Instead, we weighed the discrete factors presented in each case in deciding whether an enhancement had an extremely disproportionate effect on the length of the defendant’s sentence. In United States v. Sanchez, 967 F.2d 1383 (9th Cir. 1992), the defendant pleaded guilty to distributing heroin in a single transaction in July of 1990. Id. at 1384. Given the defendant’s criminal history category, the initial sentencing guideline range for that offense was 10-16 months. See id. at 1384. The district court enhanced the defendant’s sentence based upon heroin transactions that occurred on other dates. See id. This enhancement raised the defendant’s sentencing range from 10-16 months to 63-78 months. See id. The district court, however, reduced the defendant’s offense level for acceptance of responsibility and thereby lowered the defendant’s sentencing range to 33-41 months. See id. The district court then sentenced the defendant to imprisonment of 33 months, an increase of 230% from the low end of the initial sentencing guideline range, an increase of 153.8% from the median of that range, and an increase of 106% from the high end of that range. See id. at 1387. We rejected the defendant’s contention that the enhancement for relevant uncharged conduct resulted in a sentence that was so disproportionate that due process required the application of the clear and convincing standard. See id. at

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 1385-87. In so holding, we noted that the “enhancement did not result in the [defendant] receiving a sentence in excess of the statutory maximum for his offense of conviction. Therefore, [his] enhancement complies with Restrepo II’s mandate.” Id. at 1385 (citation omitted). In United States v. Harrison-Philpot, 978 F.2d 1520 (9th Cir. 1992), the defendant was convicted of one count of conspiring to distribute cocaine and seven counts of distributing cocaine that involved a total of 67 grams of cocaine. Id. at 1522. Given the defendant’s criminal history category, the offense level for that quantity of cocaine, yielded an initial sentencing guideline range of 41-51 months. See id. The district court determined that the defendant and his coconspirators distributed between 15 and 49.9 kilograms of cocaine during the conspiracy period and increased his offense level accordingly. See id. This calculation resulted in a sentencing range of 292-365 months. The district court imposed a 352-month sentence, but did not indicate which evidentiary standard it applied. See id. at 1523. We noted that the clear and convincing standard does not apply when “the extent of the conspiracy caused the tremendous increase in [the defendant’s] sentence.” Id. We distinguished Restrepo II on the basis that the defendant in that case suffered an enhancement for uncharged conduct. See id. We then held that calculating the sentencing range based upon the extent of the conspiracy is not an enhancement of a sentence for an uncharged offense. See id. We also indicated in dicta that “[a]nother case, one where uncharged conduct greatly enhances a sentence, may provide the proper forum to address sentencing standards and due process concerns.” Id. at 1524 (emphasis in original). In United States v. Rutledge, 28 F.3d 998 (9th Cir. 1994), the defendant pleaded guilty to being a felon in possession of a firearm. Id. at 1000. The district court increased the sentencing range from 77-96 months to 140-175 months after finding that the defendant had used the gun in an uncharged attempted robbery, and imposed a sentence of 120 months, which was the statutory maximum for that offense. See id. at 1000, 1004. We commented in dictum that “[i]f a range increase from 41-51 to 292-360 does not require a higher standard, see Harrison v. Philpot, 978 F.2d at 152324, then the sentencing increase in this case does not a fortiori warrant a higher standard of proof.” Id. We characterize this statement as dicta because the court noted that the record showed that “the district court considered the evidence presented in light of the highest standard, proof beyond a reasonable doubt. “ Id. In United States v. Hopper, 177 F.3d 824 (9th Cir. 1999), cert. dismissed United States v. Reed, 120 S. Ct. 1578, we held for the first time that “the district court erred in failing to apply the clear and convincing standard” in weighing the evidence offered to support a sentencing enhancement. Id. at 833. There, the district court applied a seven-level increase to the sentence imposed on George Reed based on official victim and violent conduct

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enhancements and, accordingly, increased the sentencing range from 24-30 to 63-78 months. See id. We focused on the increase in the sentence from the initial sentencing guideline range and concluded that “[g]iven the relative shortness of George Reed’s sentence, a potential increase of 48 months satisfies the Restrepo extremely disproportionate impact test.” Id. We also considered whether a four-level increase in the sentence of another defendant, Roger Knight, required the application of the clear and convincing evidence standard. See id. We did not indicate the initial sentencing guideline range, or the enhanced sentencing range, or the precise sentence that Knight received as a result of the enhancement. See id. Instead, we held that “Knight’s resulting four-level increase in sentence [was ] not an exceptional case that [required] clear and convincing evidence.” Id. In our most recent decision regarding the standard that should be applied in applying a sentence enhancement, Mezas de Jesus, we held that the district court erred in applying the preponderance of the evidence standard in imposing a sentencing enhancement based on uncharged conduct. _______ F.3d at _______. There, the defendant was convicted of being an undocumented immigrant in possession of a firearm. See id. at _______. The district court enhanced his sentence nine levels after finding that the firearm was used in an uncharged kidnapping. See id. As a result, his sentencing range was increased from 21-27 months to 57-71 months. See id. The defendant was sentenced to prison for 57 months, which was more than double the sentence authorized by the initial sentencing guideline range. See id. We stated that, “[a]lthough [the defendant] was sentenced at the low end of the enhanced sentencing range, he went from a `relatively short’ sentence of less than two years to nearly five years based on an offense for which he was never even charged.” Id. at _______. We held in Mezas de Jesus that “Hopper [required] the evidence of the uncharged kidnapping to be established by clear and convincing evidence before it [could] be used to increase [the defendant’s] sentence.” Id. at _______. [1] In the present case, the statutory maximum for the crime of conspiracy to manufacture and possess 50 grams or more of methamphetamine with the intent to distribute is life imprisonment. See 21 U.S.C. S 841(b)(viii). The presentence report indicates that Valensia was involved in the manufacture of more than 35.71 kilograms of methamphetamine. Valensia does not contest this amount. In his written offer to plead guilty, Valensia informed the court that he understood that the mandatory minimum sentence for his offense is ten years, and the maximum sentence is life imprisonment. Based on the quantity of methamphetamine that was seized during the investigation of the conspiracy, Valensia’s base offense level was 38, and his sentencing guideline range was 235-293 months. [2] The district court added two levels to Valensia’s base offense level for his leadership role in the drug conspiracy pursuant to U.S.S.G. S 3B1.1(c), and two levels for the possession

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION of a firearm during the course of the conspiracy. This calculation brought the offense level to 42. The court deducted three levels for acceptance of responsibility and reduced Valensia’s offense level to 39. Given his criminal history category, that offense level provided for a sentence of 262-327 months. The district court sentenced Valensia to imprisonment of 262 months. Without the enhancements, Valensia’s offense level would have been 35, and his sentencing guideline range would have been 168-210 months. [3] Valensia asserts that “[t]he difference between an enhanced and unenhanced sentence . . . was 94 months, or almost eight years — an increase of more than 55%.” Valensia contends that a four-level enhancement that results in an increase in the sentencing guideline range is extremely disproportionate and may not be imposed unless the district court has applied the clear and convincing evidence standard. The only circuit authority cited by Valensia in support of this contention is the dicta in our en banc decision in Restrepo II, and this court’s holding in Hopper. 3 Valensia’s reliance on Hopper is misplaced. As discussed above, in Hopper, we held that a four-level enhancement is “not an exceptional case that requires clear and convincing evidence.” Hopper, 177 F.3d at 833. [4] Valensia has failed to discuss the factors that should be considered in determining whether an enhanced sentence is extremely disproportionate to the initial sentencing guideline range. While we have recognized that the Due Process Clause requires the application of a clear and convincing evidence standard when an enhancement based upon uncharged conduct has an extremely disproportionate effect on the length of a defendant’s sentence, we have not articulated a bright line test for the application of this rule. Instead, we have considered the disparity between the sentence that could have been imposed under the initial sentencing guideline range and the sentence actually imposed on a case-by-case basis, without relying on any single factor as controlling. This totality of the circumstances approach to this question is consistent with the Supreme Court’s instruction that “[d]ue process is flexible and calls for such procedural protections as the particular situation demands.” Morrissey v. Brewer, 408 U.S. 471, 481 (1972). [5] In discussing the extremely disproportionate effect of an enhanced sentence, we have identified the following factors: One. Does the enhanced sentence fall within the maximum sentence for the crime alleged in the indictment? 4 See Restrepo II, 946 F.2d at 657, 662; Sanchez , 967 F.2d at 1385. Two. Does the enhanced sentence negate the presumption of innocence or the prosecution’s burden of proof for the crime alleged in the indictment? See Restrepo II, 946 F.2d at 657. Three. Do the facts offered in support of the enhancement create new offenses requiring separate punishment? See Restrepo II, 946 F.2d at 657.

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Four. Is the increase in sentence based on the extent of a conspiracy? See Harrison-Philpot, 978 F.2d at 1523-24. Five. Is the increase in the number of offense levels less than or equal to four? See Hopper, 177 F.3d at 833. Six. Is the length of the enhanced sentence more than double the length of the sentence authorized by the initial sentencing guideline range in a case where the defendant would otherwise have received a relatively short sentence? See Mezas de Jesus, _______ F.3d at _______; Hopper, 177 F.3d at 833. [6] Valensia does not maintain that the first four factors apply to this matter. The fifth factor does not assist him because the enhancements led only to a four- level increase in his offense level. See Hopper, 177 F.3d at 833. The sentence imposed by the court was far less than a 100% increase in the sentence authorized by the initial sentencing guideline range. Thus, the sixth factor does not compel the application of the clear and convincing evidence standard. Given Valensia’s criminal history category and his offense level, the contested four-level enhancement did not present an “exceptional case that requires clear and convincing evidence.” Id. This is not a case that involves the doubling of what would otherwise be a “relatively short” sentence. Mezas de Jesus, _______ F.3d at _______. The district court did not deprive Valensia of his right to due process by determining the facts pursuant to the preponderance of the evidence standard. III Having concluded that the preponderance of the evidence standard applies in the present case, we must next determine whether the Government presented sufficient evidence to carry its burden of establishing the applicability of the two contested enhancements. Valensia asserts that the evidence offered in support of the enhancements was insufficient to support the sentence increase even under the preponderance of the evidence standard, because it consisted almost entirely of the “inherently unreliable” hearsay statements of Valensia’s coconspirators. In resolving disputed issues of fact at sentencing, a district court is not bound by the Federal Rules of Evidence or all of the constitutional protections afforded a defendant at trial. See United States v. Marin-Cuevas, 147 F.3d 889, 894-95 (9th Cir. 1998); United States v. Petty, 982 F.2d 1365, 1367-68 (9th Cir. 1993); U.S.S.G. S 6A1.3, cmt. While we have noted that “a defendant clearly has a due process right not to be sentenced on the basis of materially incorrect information,” we have held that a sentencing court may consider hearsay statements so long as they are accompanied by “some minimal indicia of reliability.” Petty, 982 F.2d at 1369. We review for an abuse of discretion the question whether hearsay statements are sufficiently reliable to be considered in fashioning a sentence. See United States v. Shetty, 130 F.3d 1324, 1331 (9th Cir. 1997).

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION In United States v. Huckins, 53 F.3d 276 (9th Cir. 1995), we recognized that a defendant’s right to due process may be violated where the sentencing court relied on the hearsay statements of an accomplice when determining whether to increase a sentence. Id. at 279. In Huckins, the district court departed upwards from the applicable sentencing guideline range after finding that the defendant possessed a firearm during the course of a bank robbery. Id. at 278. The district court’s finding was supported only by the post-arrest hearsay statement of a codefendant that both he and the defendant carried guns, and by the hearsay statement of a teller that the defendant put his hands in his pockets. See id. at 278-79. We reversed the decision of the district court, holding that the hearsay statement of the codefendant was not sufficiently reliable to merit consideration. See id. at 279. We reasoned that the statements were made “in the context of plea negotiations with the government, in which [the codefendant ] may very well have been hoping to curry favor with law enforcement officers by implicating his accomplice.” Id. In the present case, Valensia maintains that the hearsay statements of his coconspirators, like those of the codefendant in Huckins, were not sufficiently trustworthy to serve as the basis for the enhancements to his sentence. Valensia’s argument is premised on the assumption that the hearsay statements of Davis, Arzate, and Mora were unreliable due to the fact that they arguably were aware that they faced federal prosecution at the time the statements were made. Valensia asserts that their extrajudicial statements should not be trusted, because they were made to curry favor with federal prosecutors. [7] After reviewing the record, we have concluded that the statements of Valensia’s coconspirators were accompanied by a sufficient indicia of reliability to merit consideration by the district court notwithstanding the fact that the declarants arguably had an interest in implicating Valensia. Unlike the statements in Huckins, none of the hearsay statements relied on by the district court was made in connection with a plea negotiation. Rather, each was freely and voluntarily given without promise of benefit. More importantly, unlike the single, uncorroborated statement of the codefendant in Huckins, the hearsay statements at issue in this case consist of three identical statements, given independently under circumstances which limited the possibility for collusion, that corroborate one another.5 When viewed in conjunction with the telephone records showing that Valensia was the common point of contact among members of the conspiracy, the extrajudicial statements were sufficiently trustworthy for the district court to rely upon in determining whether to enhance Valensia’s sentence. The district court did not err in basing the two contested enhancements upon the hearsay statements of Valensia’s coconspirators.

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IV We hold that the district court correctly applied the preponderance of the evidence standard in determining whether to impose the contested enhancements. We affirm the sentence imposed, because we conclude that the hearsay statements of Valensia’s coconspirators were sufficiently trustworthy to form the factual basis for the contested enhancements. AFFIRMED. FOOTNOTES 1 Section 3B1.1 of the U.S.S.G. states: Based on the defendant’s role in the offense, increase the offense level as follows: (a) If the defendant was an organizer or leader of a criminal activity that involved five or more participants or was other wise extensive, increase by 4 levels. (b) If the defendant was a manager or supervisor (but not an organizer or leader) and the criminal activity involved five or more participants or was otherwise extensive, increase by 3 levels. (c) If the defendant was an organizer, leader, manager, or supervisor in any criminal activity other than described in (a) or (b), increase by 2 levels. Id. (emphasis added). 2 Section 2D1.1(b)(1) of the U.S.S.G. states: If a dangerous weapon (including a firearm) was possessed, increase by 2 levels. 3 Valensia has also requested that we consider three out-ofcircuit cases. See United States v. Gigante, 39 F.3d 42 (2d Cir. 1994) (Gigante I); United States v. Lombard, 72 F.3d 170 (1st Cir. 1995); United States v. Townley, 929 F.2d 365 (8th Cir. 1991). None of these cases, however, advances his cause. The discussion of upward adjustments and departures in Gigante I was vacated four years ago in United States v. Gigante, 94 F.3d 53 (2d Cir. 1996) (Gigante II). In Gigante II, the Second Circuit stated that “unconvicted conduct may be relied upon to adjust a defendant’s sentence level as contemplated by the Guidelines based on proof by a preponderance of the evidence.” 94 F.3d at 55. The initial sentencing guideline range of 27-33 months was enhanced for one defendant to an actual sentence of 188 months. The other defendant’s sentence was enhanced from an initial range of 27-33 months to an actual sentence of 200 months. See id. The Second Circuit expressly rejected the defendants’ contention that the district court erred in failing to apply the clear and convincing standard. See id. In dicta, the court

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION stated that a district court should be entitled to depart downward when faced with a series of adjustments, each of which involves conduct proven by a bare preponderance, leading to substantial enhancement. See id.

clear and convincing standard here. Rather, we leave that question for another day, because in our view, the Government’s evidence cannot withstand scrutiny even under the preponderance standard applicable to the usual case. Id.

Similarly, the sentencing issue presented to the First Circuit in Lombard was whether the district court erred in concluding that it lacked the discretion to consider a downward departure where the defendant’s initial sentencing guideline range was 30-37 months, and as a result of an enhancement for an uncharged murder, he received a mandatory life sentence. 72 F.3d at 175 & n.6. The First Circuit held that “the district court had authority to avoid any unfairness in [the defendant’s] sentence through the mechanism of downward departure.” Id. at 183. In this matter, Valensia did not seek a downward departure based on the increase in the sentencing range resulting from the enhancements. We express no view regarding the merits of the discussion concerning downward departures in Gigante II and Lombard.

4 We note that the Supreme Court, in Apprendi v. New Jersey, 530 U.S. _______ (2000), recently held that “other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.”

Finally, in Townley, the Eighth Circuit held that “a preponderance of the evidence suffices for determinations at sentencing. “ 929 F.2d at 369. The court expressly declined to adopt the clear and convincing evidence standard. See id. at 370. Instead, the court commented as follows: We do not foreclose the possibility that in an exceptional case, such as this one, the clear and convincing standard adopted by our sister circuit might apply. Nevertheless, we do not adopt the

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5 In fact, the only inconsistency in the hearsay statements concerns whether Valensia left the Clarkson laboratory during the manufacturing process. In his interview with law enforcement officers, Arzate stated that Valensia remained at the Clarkson laboratory site throughout the manufacturing process. In a separate interview, in contrast, Mora stated that Valensia arrived at the Clarkson laboratory, added ice to the processing vats, and then departed. A close reading of the record, however, shows that Arzate’s statement does not conflict with Mora’s statement. Arzate and Mora both agree that Valensia participated in the manufacturing of methamphetamine at the Clarkson laboratory on two separate occasions. Arzate’s statement that Valensia remained at the laboratory during the entire manufacturing process refers to the production of methamphetamine on the first occasion, while Mora’s statement that Valensia remained at the laboratory only during the critical phases of production refers to the production of methamphetamine on the second occasion.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

IODINE: INHALATION HAZARDS, DETECTION AND PROTECTION MARK CAMERON, MS, CIH Senior Industrial Hygienist CA Dept of Justice, Bureau of Forensic Services 4949 Broadway Rm A-104 Sacramento, CA 95820-1528

INTRODUCTION Iodine is routinely found at clandestine laboratories producing methamphetamine via the HI/red phosphorus method. The iodine is used instead of hydriodic acid. Iodine is also a decomposition product of hydriodic acid. Therefore, personnel entering clandestine laboratories may encounter iodine from off-gassing reaction vessels or storage containers that are opened. This paper will describe the hazards associated with iodine exposure, current detection methods and proper use of respiratory protection.

BACKGROUND Iodine was discovered by accident in 1811 by Bernard Courtois. When processing seaweed ash, instead of wood ash to extract sodium salts, excessive sulfuric acid was added and a violet vapor was observed. Dark, lustrous crystals formed on the cooler parts of the vessel, which corroded it (1). The name comes from ioeides, which is Greek for violet-colored (2). The major U.S. sources of iodine are oil field brines. Of the 500 trillion pounds produced in 1984, 22% were used in organic synthesis, 20% in pharmaceuticals, 18% animal feeds, 12% sanitary and industrial disinfectants, 11% stabilizers, 6% inks and colorants, 5% photographic chemicals and 6% miscellaneous (3). Tincture of iodine contains 2% iodine and 2% sodium iodide in 50% alcohol. Strong iodine solution, known as “Lugol’s Solution”, contains 5% iodine and 10% potassium iodide in aqueous solution (4). Iodine is an essential nutrient required for development and functioning of the thyroid gland. Goiter (enlarged thyroid gland) is caused by iodine deficiency and may lead to retardation in physical, sexual and mental development in young people (5).

INHALATION HAZARDS Iodine vapor is intensely irritating to mucous membranes and adversely affects the upper and lower respiratory system (6). Inhalation of iodine vapor leads to excessive flow of tears, tightness in the chest, sore throat and headache. It will increase pulmonary flow resistance, decrease compliance and decrease the rate of ventilation (7). Humans can work undisturbed at 0.1 ppm; with difficulty at 0.15-0.2 ppm; and work is impossible at concentrations of 0.3 ppm (8). The odor threshold has been reported at 0.9 ppm (9), so irritation may occur before the odor is detected. The Permissible Exposure Limit (PEL) is 0.1 ppm (as a Ceiling Value). NIOSH, ACGIH, OSHA, Australia, and Germany all have the same exposure value (10). The Immediately Dangerous to Life and Health (IDLH)

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value is 2 ppm (11) based on data, indicating severe eye irritation at 1.63 ppm after 2 minutes (12). The Inhalation LCLo for rats is 800 mg/m3 (80 ppm) for 1 hour (13). Iodine has a vapor pressure of 0.3 mm at 25oC (14) and 1 mm at 38.7oC (15). Using standard atmospheric pressure, a maximum of 394 ppm of iodine could build up in a container at 25oC, and a maximum of 1315 ppm could build up at 38.7oC. Therefore, opening a container could easily expose personnel to very high levels of iodine for a brief period of time. Given these conditions, a container should be opened in a well-ventilated area while wearing appropriate respiratory protection.

INGESTION HAZARDS Toxic doses of iodine are achieved only by ingestion. Whereas the Oral LD50 for a rat is 14,000 mg/kg, the LDLo for a human is 28 mg/kg. By inhalation, this would be approximately the same as breathing 126-190 ppm for 30 minutes (16), which would not be possible due to iodine’s irritating odor. Iodism, the term for overexposure to iodine, is characterized by headache, excess salivation, runny nose, eye irritation, laryngitis, bronchitis, inflammation of oral mucosa, enlarged submaxillary glands, inflammation of the parotid, and skin rashes (17). Ingestion of iodine has effect on mothers in middle and late pregnancy. In the past, administration of expectorants that contained iodides to pregnant mothers has been associated with development of goiter in the fetus. Iodine can be passed through breast milk (18). Accidental ingestion can be prevented at a clandestine lab by good decontamination, hand washing and preventing food consumption in the contaminated areas.

DETECTION Detecting iodine vapor is difficult with real-time instrumentation. No colorimetric tubes or electrochemical sensors specific for iodine detection are commercially available. Iodine does not cause cross sensitivity when using hydrogen chloride tubes at levels up to IDLH levels (unpublished DOJ test results). Iodine has an ionization potential of 9.31 eV, which means it can be detected by a photoionizing detector (PID). Several manufacturers produce PID’s; however, the PID would have to measure at least as low at 100 ppb to measure the PEL. Most PID’s do not have that capability. The RAE Systems “ppbRAE” can allegedly measure as low at 1 ppb. Since the ppbRAE is calibrated with isobutylene, a correction factor supplied by the factory (0.1) must be applied. This is useful in a controlled situation where no

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION other confounding chemicals are present. At a typical clandestine lab, the instrument would measure anything that could be ionized (solvents) and would present a reading higher than truly existed for iodine alone.

REFERENCES 1. 2.

RESPIRATORY PROTECTION Due to the highly irritating nature of iodine, respiratory protection must be used whenever the PEL will be exceeded. Since odor detection is unlikely below the PEL, respiratory protection should be used whenever handling iodine at a clandestine lab. Air purifying respirator (APR) cartridges are certified by NIOSH to protect the worker up to a maximum limit, defined as the maximum use concentration (MUC). NIOSH assigns each respirator a “protection factor” (PF) which when multiplied by the PEL of a contaminant, can give the maximum concentration in which the respirator may be used. A half-face APR is assigned a PF of 10; a full-face APR has a PF of 50. However, the cartridge MUC may be below the maximum limit assigned to the respirator. The Federal Code of Regulations, section 84.190 provides types of contaminants and respective MUC’s that NIOSH will certify: ammonia (300 ppm), chlorine (10 ppm), hydrogen chloride (50 ppm), methylamine (100 ppm), organic vapors (1000 ppm), sulfur dioxide (50 ppm) and vinyl chloride (10 ppm). Iodine is not listed. Chemically speaking, it would be expected that it would be absorbed similarly to chlorine. CADOJ has confirmed this. CADOJ submitted Scott brand 642-MPC-P100 cartridges and MSA brand GME-H cartridges to the Miller-Nelson testing laboratory in Monterey, CA. Both types of cartridges are NIOSH certified for the full spectrum of gases with the exception of vinyl chloride. T he cartridges were subjected to 2 ppm and 10 ppm atmospheres of iodine vapor for 60 minutes at a flow rate of 16 liters per minute (moderate work rate) with the environmental conditions of 37oC and 20% relative humidity. No iodine was detected at either level during the 60-minute period. The detection limit was 0.05 ppm (19). While this testing does not signify NIOSH approval of the cartridge, it can be used to ascertain that personnel will receive certain protection from iodine during sampling activities at a clandestine laboratory, provided the exposures are below the IDLH of 2 ppm. Any exposures above 2 ppm require the use of selfcontained breathing apparatus (20).

CONCLUSIONS Iodine produces an irritating vapor that readily affects the eyes and upper respiratory system. Iodine related diseases would not be expected due to the low tolerance to airborne concentrations. Accidental ingestion can be controlled with good hygienic practices. Iodine is difficult to detect with real-time monitoring instruments. Evidence sampling should be done in well-ventilated areas using appropriate respiratory protection.

3. 4. 5. 6.

7. 8.

9. 10. 11. 12.

13. 14.

15. 16. 17. 18. 19. 20.

“Discovery and Early Uses of Iodine”, L. Rosenfeld, Journal of Chemical Education, Vol. 77,(8), August 2000, pg. 984-987. Patty’s Industrial Hygiene and Toxicology, Volume II, Part F, G.D. Clayton & F.E. Clayton, editors; John Wiley & Sons, New York, 1994, pages 4513-4520. Ibid. Clinical Toxicology of Commercial Products, 5th edition, R.E. Gosselin, R.P. Smith & H.C. Hodge, editors, Wilian and Wilkins, Baltimore, 1984, pg III-213-214. Dorland’s Illustrated Medical Dictionary, 28th Edition, W.B. Saunders Company, Philidelphia, 1994, pg. 870-871. Documentation of the Threshold Limit Values and Biological Exposure Indices, 6th Edition, American Conference of Governmental Industrial Hygienists, Cincinnati, Ohio, 1991, pg 799-800. Cassarett, L.J.: Toxicology of the Respiratory System. In: Toxicology, The Basic Science of Poisons, pg 201-224. L.J. Cassarett and J. Doull, editors, Macmillan, New York, 1975. Documentation for Immediately Dangerous to Life or Health Concentrations (IDLH), NTIS PB-94-195047, U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health, May 1994, pg. 264-265. Ruth, J.H., “Odor Thresholds and Irritation levels of Several Chemical Substances: A Review”, American Industrial Hygiene Association Journal, vol. 47(3), A142-151, 1986. ACGIH, Ibid NIOSH, Ibid Documentation of the Threshold Limit Values and Biological Exposure Indices, 4th Edition, American Conference of Governmental Industrial Hygienists, Cincinnati, Ohio, 1980, pg.230. Patty’s, Ibid NIOSH Pocket Guide to Chemical Hazards, DHHS Publication No. 97-140, U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health, June, 1997, pg. 172. Sax’s Dangerous Properties of Industrial Materials, 10th Edition, R.J. Lewis, editor, John Wiley & Sons, Inc, New York, CD-ROM Version 2.0, 1999. NIOSH IDLH, Ibid Clinical Toxicology of Commercial Products, ibid. “Reproductive Hazards in the Workplace”, John Wiley & Sons, New York, 1998, L.M. Frazier & M.L. Hage, editors, pg. 269-270 Personal communication with Miller-Nelson Research, October 21, 2001. Code of Federal Regulations, Title 29, Section 1910.134, Respiratory Protection Standard.

Note: Mark Cameron received a free copy of the JCLIC Archives CDROM for this submission

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

THE NON-EQUILIBRIUM AQUEOUS SOLUTION CHEMISTRY OF GAMMAHYDROXYBUTYRIC ACID JOHN S. CHAPPELL, PH.D. Drug Enforcement Administration, Western Laboratory 390 Main Street, Room 700 San Francisco, CA 94105

INTRODUCTION The forensic analysis of gamma-hydroxybutyric acid (GHB) presents some unique challenges due in part to its acidic nature, high polarity, and high solubility in aqueous solution [1-3]. Its chemistry is further defined by its interconversion into the corresponding lactone compound [4, 5], where the GHB molecule condenses to form a cyclic ester with a five-member ring. The behavior of this equilibrium in aqueous solution is potentially complex [5, 6], although it is not well publicized in the forensic literature. Much research has focused on the analysis of GHB in forensic samples [2, 3, 7-13], as well as GHB toxicology [14, 15] and the pattern of its abuse [16, 17]. Relatively little attention, though, has been given to the physical chemistry of GHB in aqueous solution, with the exception of an original study by the Food and Drug Administration [5]. This paper addresses this topic in greater detail. The compound gamma-butyrolactone (GBL) is particularly stable among the family of lactones [4], and exists in equilibrium with GHB in aqueous solution: O

O

OH

O

+ H2O

OH

(1) (GHB)

(GBL)

The solution chemistry of GHB is further defined by the dissociation of the free acid into the gamma-hydroxybutyrate anion (GHB¯)

OH

O

(GHB)

OH

O

O− (GHB−)

OH

+ + H

(2)

The associative relationship between the free acid and the anion in aqueous solution is not unlike that for a basic amine drug and its salts, and therefore the term GHB is commonly applied to either species in solution. However, it is important to recognize that the free acid and anion exist as two distinct species in aqueous solution, and therefore, the terms GHB and GHB¯ are employed in this paper to distinguish between the free acid and anion species as necessary. Since the familiar salt forms of GHB (sodium,

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potassium and lithium) are freely dissociated in water, the dissolved salts are chemically equivalent to the anion specie in aqueous solutions. The three distinct species of lactone, free acid and anion may all coexist in an aqueous sample containing GHB. At equilibrium in aqueous solutions, the concentration of these species is described by equilibrium constants, and so the distribution of species as a function of solution pH may be deduced. However, the actual composition of an aqueous solution may be complicated by the lack of an established equilibrium among the species, since the conversion of GBL into GHB or vice versa (Eq. 1) may be a very slow process. Specifically, the rate of this reversible reaction is strongly dependent upon the solution pH, dictating a time period that is observed to range from several minutes to years in order to achieve an equilibrium distribution of the species [5]. This variation in reaction rate is interpreted as due to reaction mechanisms that are activated by the relative acidity or basicity of the aqueous solution [6, 18]. In contrast, the equilibrium between the free acid and the dissociated anion (Eq. 2) occurs rapidly (essentially instantaneous) between the dissolved species in aqueous solution. This chemistry may lead to some confusion in the analysis of aqueous solutions of GHB, where observations appear to be inconsistent due to the non-equilibrium solution chemistry of GHB. A related issue of concern is the current legal status of the three relevant species, where the free acid and anion of GHB are federally controlled substances (Schedule I), but the lactone is a listed chemical [19]. In this paper, the distribution of GHB species at equilibrium and the time scale required to achieve equilibrium is examined. Specifically, the rate of the reaction described by Eq. 1 has been studied to determine its precise dependence on solution pH. This examination may afford a greater appreciation for the time-dependent solution chemistry exhibited by GHB and thereby assist in the analysis of illicit samples.

EXPERIMENTAL Aqueous test solutions of GBL were prepared at a concentration of approximately 1 mg per mL (approximately 0.01 M). The solution pH was controlled with a buffer system at a formal concentration between 0.1 and 0.2 M. Specifically, the buffers employed included phosphate (pH values 2.0, 6.0, 8.0, 12.0), oxalate (pH value 4.0) and bicarbonate (pH value 10.0). The adjustment of the buffer pH involved titration of an appropriate solution of the buffer

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VOLUME 12 NUMBER 4 — OCTOBER 2002

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION species (e.g., phosphoric acid) with 2N NaOH until the desired pH was attained. The pH value of the solutions was measured using a Beckman Φ32 pH meter. As a consequence of the buffers employed, the ionic strength of the test solutions fell between 0.1 and 0.4 M, where the ionic strength I is defined as, I =

∑ C i zi2 i

(3)

in which Ci and zi are the concentration and charge, respectively, of each ionic species in the solution. The test solutions were stored in a dark cabinet at a laboratory temperature that was maintained between 22 - 24°C for a period up to four months. The concentration of GBL in the prepared aqueous solutions was monitored via a quantitation procedure using gas chromatography. This procedure entailed removing an aliquot of the test solution, followed by an extraction with an equal volume of methylene chloride spiked with the internal standard n-decane. The methylene chloride extraction solution was then dried over a column of sodium sulfate and examined by gas chromatography relative to a standard solution of GBL with internal standard. An Agilent model 6890 gas chromatograph was employed for the quantitative analyses using an HP-1 column (12-m length, 0.20-mm internal diameter, 0.32-µm film thickness) and helium as the carrier gas (1 mL per min constant flow) with a split ratio of 30 to 1. The oven program initially held the temperature at 80°C for 1.5 min to elute GBL, and then the temperature was raised to 90°C for 0.8 min in order to elute n-decane. The aqueous test solutions of GBL were sampled immediately upon preparation, and then at appropriate time intervals. Since the extraction efficiency of GBL into methylene chloride may be dependent upon the aqueous solution pH, the time-dependent GBL concentration was examined as a relative concentration, {GBL}(t), {GBL}(t) =

[GBL](t) [GBL](t = 0 )

Equilibrium Distribution of GBL and GHB Species The chemistry of GHB in aqueous solution is described by two equilibria. The lactone and the free acid of GHB may interconvert via hydrolysis or condensation reactions as illustrated in Eq. 1, which is represented by the equilibrium expression, Kh =

[GHB] [GBL][H 2 O]

(5)

where the bracketed parameters refer to the molar concentration of the respective species. In aqueous solutions the concentration of water may be regarded as constant, so the equilibrium is then simply described by: Kh =

[GHB] [GBL]

(6)

≅ 0.39

This value for the equilibrium constant Kh was estimated from the equilibrium concentrations observed from rate studies of the hydrolysis of GBL in solutions of moderate ionic strength (0.1 to 0.4 M), and is consistent with that cited in the literature [4, 6, 22]. This equilibrium ratio corresponds to a molar distribution that is 72% GBL and 28% GHB at a solution pH less than 3, where conditions dictate that the concentration of the gammahydroxybutyrate anion is negligible. At higher pH values, the free acid dissociates into the anion (GHB¯) and a solvated proton (H+) as illustrated in Eq. 2. The equilibrium concentrations for the species of this reaction are described by the familiar expression for the dissociation constant of an acid: Ka =

[GHB − ][H + ] [GHB]

(7)

≅ 2.5 x 10-5 M

(4)

where the molar concentration measured for GBL [GBL](t) at a time t is scaled relative to the initial solution concentration of GBL [GBL](t=0). Aqueous test solutions of GHB were also prepared from the sodium salt (NaGHB) and adjusted to acidic pH values (2.0, 4.0, 6.0) with the appropriate buffer. The concentration of GBL in the acidic solutions was similarly monitored as a function of time. For illustrative purposes, the GBL concentration was scaled relative to the initial molar concentration of NaGHB used to prepare the acidic test solutions. An endpoint titration of the free acid of GHB was also conducted to estimate an acid dissociation constant for GHB. The free acid was isolated by an ethyl acetate extraction of an acidified solution of the sodium salt [20]. An aqueous solution of the free acid was then prepared at a concentration of 10 mg per mL (0.1 M) and titrated with 0.1N NaOH. The pH-dependence of this titration allowed an acid dissociation constant to be estimated [21].

VOLUME 12 NUMBER 4 — OCTOBER 2002

RESULTS AND DISCUSSION

The value for the dissociation constant of GHB has been estimated from an endpoint titration of the free acid (at a concentration of approximately 0.1 M) with 0.1 N NaOH, which equates to a solution of moderate ionic strength due to the formation of NaGHB. This observation indicates GHB to be a slightly stronger acid than butyric acid (Ka ~ 1.5 x 10-5 M), and is consistent with that expected for the substitution of an electronegative group at the gamma position of butyric acid [23]. Following from Eq. 6 and 7, the concentration of the free acid and the anion species may be expressed in terms of the lactone concentration: (8) [GHB] = Kh · [GBL] and, + (9) [GHB−] = Ka · Kh · [GBL] / [H ] The total concentration of all three species is given by the sum of the concentrations for each of the respective species:

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION distribution of species occurs. Consequently, aqueous samples of GHB may often consist of a mixture of species that is not readily characterized as exclusively containing the lactone, free acid or a salt form of GHB. The two equilibrium constants employed in this derivation are based on molar concentrations of the relevant species, and therefore are approximations for the thermodynamic equilibrium constants of the two equilibria under consideration. This approximation is accurate for nearly ideal solutions where the pertinent species are at dilute concentrations or interact relatively weakly with other species in solution. Equilibria among species in aqueous solutions are subject to significant deviations from ideal behavior at moderate concentrations of electrolytes (> 0.01 M), which may be represented by a concentration equilibrium constant that is a function of the solution ionic strength. The equilibrium between GBL and GHB exhibits a relatively weak dependence upon solution ionic strength [24], where significant deviations (> 10%) in Kh only occur at high ionic strength (> 0.5 M). The acid dissociation reaction, though, is much more sensitive to ionic strength effects due to the formation of ionic species (H+, GHB¯) from a neutral species (GHB), and the Ka of organic acids is widely recognized to increase as the ionic strength of a solution rises above 0.01 M [25]. Illicit solutions of GHB are typically prepared by dissolving the sodium salt of GHB into tap water or a commercial beverage at a concentration of approximately 10 mg per mL, or 0.1 M. This level of NaGHB will largely determine the ionic strength of most illicit solutions since the intrinsic ionic strength of most beverages is lower. (The ionic strength of sport drinks, which are among the highest for commercial preparations, falls between 0.02 and 0.04 M.) For this reason the value of Ka employed in this analysis was evaluated at approximately 0.1 M as anticipated for these types of samples. In contrast, beverages spiked with GBL are expected to possess an appreciably lower ionic strength, where the ionic

+

Ctotal = [GBL] + Kh · [GBL] + Ka · Kh · [GBL] / [H ] +

= [GBL] · (1 + Kh + Ka · Kh / [H ])

(10)

Eq. 10 allows the concentration for each of the three species to be normalized to a fractional value, which is independent of any of the actual concentrations for the dissolved species and is only a function of solution pH. Following from Eq. 10, the normalized concentration of GBL is thus: +

[GBL] ÷ Ctotal = 1 ÷ (1 + Kh + Ka · Kh / [H ])

(11)

The normalized concentration of the free acid similarly follows from Eq. 8: +

[GHB] ÷ Ctotal = Kh ÷ (1 + Kh + Ka · Kh / [H ]) (12) The normalized concentration of the anion follows from Eq. 9: + + [GHB−] ÷ Ctotal = Ka · Kh ÷ [H ] ÷ (1 + Kh + Ka · Kh / [H ]) (13) The normalized concentration of the three stable species of lactone, free acid and anion at equilibrium is suitably described by the three respective expressions above provided that no other reactions involving these species occurs [Note 1]. The distribution of the species predicted by Eq. 11-13 is illustrated in Fig. 1 as a function of solution pH. At equilibrium, GHB exists predominantly as a salt under basic conditions, where the counter-ion (typically sodium) is determined by the preparation of the solution. Under moderately acidic conditions (pH < 4), the free acid and lactone predominate. Most illicit samples of GHB, however, fall within the weakly acidic range between pH 4 and 6, where a transition in the

1.0

−

GHB

0.9

Normalized Concentration

Figure 1. The relative concentration of gamma-butyrolactone (GBL), gamma-hydroxybutyric acid (GHB) and gammahydroxybutyrate anion (GHB−) at equilibrium in aqueous solution as a function of solution pH. The distribution curves derive from the known equilibrium constants for the hydrolysis of GBL into GHB and the dissociation of the GHB into GHB− in a solution of moderate ionic strength (0.1 M) at room temperature (22°-24°C).

0.8

GBL

0.7 0.6 0.5 0.4 0.3

GHB

0.2 0.1 0.0 0.00

2.00

4.00

6.00

8.00

10.00

12.00

Solution pH

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Table I. Reaction Rate Parameters for GBL Hydrolysis in Aqueous Solution* Solution pH:

2.0

4.0

6.0

8.0

10.0

12.0

k(pH) (day )

0.56

0.0066

0.0056

0.045

5.6

~800

tm(pH) (day)

1.2

100

120

15

0.12 (3 hr)

~0.001 (~1 min)

-1

*Data collected for buffered aqueous solutions (ionic strength between 0.1 and 0.4 M) of GBL (initial concentration of approximately 0.01 M) and maintained between 22 - 24°C. Data collection was discontinued prior to establishing equilibrium for the solutions at pH 4.0, 6.0 and 8.0.

strength is solely determined by the electrolyte concentration of the unadulterated beverage. In these cases, the dissociation constant for GHB is expected to be measurably lower than that cited previously, and based on observations made of acetic acid [25], the value of Ka in a dilute solution of electrolytes is approximately half of that observed at an ionic strength of 0.1 M. This phenomenon has one principal effect on the distribution of species displayed in Fig. 1. The acid dissociation constant largely determines the pH value at which the inflection point (maximum slope) occurs for the three distribution curves. The inflection point for all three curves occurs at the same pH value, which is near pH 5.2 for the value of Ka measured at an ionic strength of 0.1 M. The inflection point of these curves will shift as the value of Ka changes, and specifically, is expected to shift to a greater pH value for solutions of lower ionic strength. The magnitude of this effect, though, is relatively small on the logarithmic scale of pH and equates to a maximum increase of approximately 0.3 pH units in the position of the inflection point. Consequently, the distribution curves for solutions of low ionic strength (e.g., GBL dissolved into low electrolyte solutions) are predicted to share an inflection point near pH 5.5. A detectable variation in the distribution of the species may therefore be

anticipated for solutions with a pH between approximately 4.8 and 6.0 depending upon the solution ionic strength. However, the general behavior predicted in Fig. 1 should apply to most aqueous solutions provided that no competing reactions occur among the GHB species. Interconversion of GBL and GHB The composition of aqueous solutions of GHB is further complicated by the potentially slow reversible reaction between the lactone and free acid species. Kinetic studies monitoring the concentration of GBL in buffered aqueous solutions as a function of time have confirmed that the rate of reaction may be very slow and is strongly dependent upon solution pH. Examples of this behavior are illustrated in Fig. 2 and 3 for aqueous solutions buffered to moderately basic and acidic pH values, respectively. Fig. 2 displays the hydrolysis of GBL in an aqueous solution at pH 10. The time dependence observed for the GBL concentration exhibits an exponential decrease with time, where the concentration of GBL approaches zero in an asymptotic fashion. Note that the hydrolysis reaction requires one day in order to achieve an equilibrium concentration of essentially zero. Under these buffered basic conditions, the GBL completely converts into the anion

Figure 2. The hydrolysis of gammabutyrolactone (GBL) into gamma-hydroxybutyrate anion (GHB−) within an aqueous solution buffered to pH 10.0 (ionic strength of approximately 0.2 M) at room temperature (22 - 24°C). The GBL concentration asymptotically approaches an equilibrium level that is near zero. The time dependence observed for the GBL concentration (data points represented by X) is consistent with that predicted for a pseudo first-order reaction (solid line).

1.0 0.9 0.8 0.7

{GBL} (t)

0.6 0.5

−

GBL + OH → GHB (at pH 10.0)

0.4

−

0.3 0.2 0.1 0.0 0.0

0.1

0.2

0.3

0.4

0.5

0.6

0.7

0.8

0.9

1.0

t (day)

VOLUME 12 NUMBER 4 — OCTOBER 2002

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION GHB¯. Both the hydrolysis of GBL and the condensation of GHB may be considered under moderately acidic conditions since according to Fig. 1 both species are stable at equilibrium. Fig. 3 therefore displays two time-dependent traces for the GBL concentration in an aqueous solution at pH 2: one represents the hydrolysis reaction in a solution initially composed of GBL, the other arises from the condensation reaction in a solution initially composed of GHB. Both sets of data asymptotically approach an equilibrium concentration for GBL near the relative value of 0.7, consistent with the equilibrium described by Fig. 1. However, equilibrium is attained in both solutions after approximately ten days, significantly longer than that observed in Fig. 2 for a solution at pH 10. As expected for a reversible process [26], the hydrolysis of GBL and the condensation of GHB are observed to progress at comparable rates for a given value of solution pH. The time dependence observed for the GBL concentration in these pH-buffered aqueous solutions is entirely consistent with a pseudo first-order reaction, where the rate of the reaction is proportional to the GBL concentration. Specifically, the timedependent concentration of GBL {GBL}(t) is expected to follow the expression [6, 26],

(k(pH) = - slope). An important aspect of this behavior is that the concentration of GBL approaches equilibrium in an asymptotic fashion, and therefore equilibrium is attained after a time period significantly greater than that inferred from the initial rate of change for the GBL concentration. The time interval required to achieve equilibrium may not be precisely defined due to the asymptotic behavior observed for the GBL concentration. However, the time-dependent rate of the reaction may be conveniently characterized by a time period tm(pH), (15) tm(pH) = 0.6931 ÷ k(pH) which corresponds to the time interval required for the concentration of GBL to decrease to the median value between the initial concentration and the equilibrium value [26]. For the case of an equilibrium concentration of zero, tm is commonly referred to as the half-life and equates to the time required for the concentration to decrease by one half. A multiple of seven times tm corresponds to a time period where the GBL concentration approaches within 1% of the equilibrium value. For the case of GBL hydrolysis at pH 10.0, tm is approximately 3 hours, and as illustrated in Fig. 2, essentially all of the GBL converts into GHB within 24 hours. Results from the time-dependent studies of GBL hydrolysis in other aqueous test solutions are summarized in Table I, where k(pH) and tm(pH) are listed as a function of solution pH. As previously observed [5], the rate constant for GBL hydrolysis is strongly dependent upon the solution pH, where k(pH) spans approximately five orders of magnitude from pH 6.0 to 12.0. The conversion of GBL into GHB¯ becomes quite rapid for a pH value of 12 or greater, with complete reaction occurring within a few minutes. Conversely, the hydrolysis reaction is very slow near neutral pH, where given the observed tm at pH 6.0 nearly complete conversion into GHB¯ is indicated to require a period of

{GBL}(t) − {GBL}(t = ∞) = exp (- k(pH) · t) (14) 1 − {GBL}(t = ∞) where {GBL}(t=∞) is the relative concentration of GBL at equilibrium, and k(pH) is a pH-dependent rate constant. The applicability of Eq. 14 was tested by examining the time-dependent concentration data for a linear correlation between the logarithm of the concentration term (left side of Eq. 14) versus time. For all sets of data, the correlation coefficient was found to be greater than 0.994, indicating a reasonably good fit to Eq. 14. A leastsquares linear regression provided a value for the slope for each set of data, which is simply related to the rate constant parameter

1.0 0.9

GBL + H2O → GHB (at pH 2.0)

0.8 0.7 0.6

{GBL} (t)

Figure 3. The hydrolysis of gammabutyrolactone (GBL) into gamma-hydroxybutyric acid (GHB) and the condensation of GHB into GBL, both within an aqueous solution buffered to pH 2.0 (ionic strength of approximately 0.1 M) at room temperature (22 - 24°C). The GBL concentration asymptotically approaches an equilibrium level of 0.72. The time dependence observed for the GBL concentration (data points represented by X) is consistent with that predicted for a pseudo first-order reaction (solid lines).

0.5

GHB → GBL + H2O (at pH 2.0)

0.4 0.3 0.2 0.1 0.0 0.0

1.0

2.0

3.0

4.0

5.0

6.0

7.0

8.0

9.0

10.0

t (day)

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VOLUME 12 NUMBER 4 — OCTOBER 2002

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION approximately two years. The rate constant is also found to significantly increase as the solution becomes moderately acidic with a pH value less than 4. This behavior is consistent with a reaction that may be both acid and base catalyzed. Hydrolysis reactions classically involve a nucleophilic substitution mechanism that may be activated by either acid or base [6]. The rate constant appears to drop to a minimum value between a solution pH of 4 and 6, signaling a transition from the activation of one reaction mechanism to another for the hydrolysis of GBL. The rate of the base catalyzed reaction apparently eclipses that of the acid catalyzed reaction at a pH value near 6, and the base catalyzed reaction then dominates as the mechanism for GBL hydrolysis at higher solution pH. The rate constants of Table I may also exhibit a dependence upon the solution ionic strength. As with the equilibrium constant Kh, the rate of the interconversion between GBL and GHB is subject to ionic strength effects, but significant deviations (> 10 %) are only observed for solutions of high ionic strength (> 0.5 M) [27]. The rate studies were all conducted at a lesser ionic strength (0.1 to 0.4 M) dictated by the buffer system employed in the test solutions. Consequently, the rates observed should be applicable to most illicit aqueous solutions unless the collective concentration of GHB salts and other electrolytes is inordinately high. It should be recognized that the results cited in Table I are for highly buffered test solutions that were prepared to maintain a relatively constant solution pH. Many illicit samples, however, derive from beverages that have a relatively weak buffering capacity, and therefore the solution pH will be subject to change as conversion between GBL and GHB occurs. This effect will complicate the precise time-dependence observed for the GBL or GHB concentration, although the rate parameters of Table I may provide a reasonable guide to the time scale involved attaining an equilibrium distribution of species. For example, solutions of GBL are disposed to acidification as hydrolysis occurs since GHB forms and dissociates, with the final (equilibrium) pH dependent upon the initial GBL concentration and the buffering capacity of the original solution. In moderately basic solutions (pH > 10), GBL hydrolyzes rapidly within one day. However, if sufficient GBL is present so as to exceed the buffering capacity of the solution, the solution pH is observed to decrease to a value of approximately 9 in the course of one day. At this point the hydrolysis reaction slows considerably and the solution pH proceeds to gradually drop as equilibrium is approached over a period of months, with the final solution pH determined by the quantity of GBL. Moderately acidic solutions (pH < 3) also hydrolyze GBL fairly rapidly over a period of several days to weeks. But in contrast to basic solutions, an excess of GBL accelerates hydrolysis since any decrease in solution pH increases the rate of reaction. The conversion of GBL into GHB is extremely slow for solutions between pH values of 4 and 6, and based on the observed rate behavior will require several months for significant reaction to occur. If the buffering capacity of the solution is depleted in the course of this reaction, the solution pH will then proceed to decrease. As the pH value drops, the reaction rate should

VOLUME 12 NUMBER 4 — OCTOBER 2002

progressively increase to an extent that as the solution pH falls below 4, equilibrium may become attainable in a few weeks. Consequently, if sufficient GBL is present, a distinctly acidic solution is expected at equilibrium. For example, an initial GBL concentration of 10 mg per mL in an unbuffered neutral solution yields a solution at equilibrium containing GBL and GHB (and dilute GHB¯), where approximately 28% of the GBL has converted into GHB. This concentration of GHB produces a solution with a pH value near 3 due to the intrinsic acidity (dissociation) of the free acid [5]. Illicit solutions of GHB may also be prepared from the salts of GHB, where the reaction behavior can be quite different based on the equilibrium distributions predicted in Fig. 1. For solutions of pH value greater than 6, the solution of the dissolved salt is essentially at equilibrium and no conversion of GHB¯ to GBL occurs. At lower pH (pH < 6), a significant portion of the very weakly basic GHB¯ will protonate and form GHB, which is disposed to condense into GBL. In contrast to the hydrolysis of GBL, this reaction process consumes solvated protons and therefore will make these solutions more basic. Consequently, the solution pH will be subject to increase depending upon the buffering capacity of the solution as well as the initial quantity of GHB salt present. The solution pH, however, should climb no greater than a value of approximately 6 since at this point conversion into GBL is no longer stable. The rate of lactonization in these solutions is expected to be largely governed by the initial solution pH, and follow the behavior outlined in Table I. Solutions with pH values between 4 and 6 will approach equilibrium extremely slowly, requiring several months or years to reach equilibrium. Solutions of lower pH (pH < 3) should react much faster and may achieve equilibrium within several days to weeks if the solution remains at low pH (pH < 3). Solutions with a low buffering capacity, though, are subject to an increase in solution pH, which will progressively slow the reaction and require months to reach equilibrium as the solution pH climbs above a value of approximately 3. The rate of interconversion is even slower at low temperatures (4°C), where the time scale of the reaction may increase as much as ten-fold over that observed at room temperature [5]. This behavior may be exploited as a means to minimize the interconversion of GBL and GHB in aqueous solutions, although the relative proportions of GBL and GHB may not be accurately preserved for a very long period. For example, a measurable change (~2%) in the concentration of a pH 4 solution of GBL was detected after two days at room temperature (22°C). A comparable change for a similar solution required approximately two weeks when stored in a refrigerator (4°C) [5]. While this behavior may effectively prevent aqueous samples from achieving an equilibrium composition of GBL and GHB over a considerable holding time (possibly several years), it is not sufficient to hold the relative concentrations of GBL and GHB constant for an indefinite storage period (even for solutions with a pH between 4 and 6, where the rate of reaction is at a minimum). Therefore storing evidentiary samples in a refrigerator prior to analysis will only minimize any change in the composition during storage, but will

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION not accurately preserve the relative proportions of GBL and GHB beyond a period of a week or two.

CONCLUSIONS In summary, the rate of conversion of GBL into GHB (and vice versa) is strongly dependent of solution pH and one that is potentially very slow, especially for solutions at a pH value between 4 and 6. This behavior has some important implications for the analysis of illicit samples containing GHB since most samples are aqueous solutions that are prepared as drinks for human consumption. Illicit samples typically consist of tap water or familiar beverages (alcoholic drinks, sport drinks, soft drinks or juices) that are spiked with GBL or NaGHB and fall within the pH range of 3 to 7. In spite of the slow conversion of GBL into GHB, a detectable quantity of GHB (or GHB¯) will be generated in these solutions within a few days after preparation at ambient temperature. Consequently, the presence of GHB is anticipated for most any aqueous sample containing GBL, although the extent of conversion will be significantly affected by the age of the sample, solution pH, as well as the storage temperature. Storage of evidentiary samples in a refrigerator may minimize conversion, although the relative proportions of GBL and GHB may not be accurately preserved beyond a couple weeks after the time of seizure. Given the slow reaction rates observed for these solutions at ambient temperatures, the composition of most illicit samples will not achieve an equilibrium distribution for several months, and therefore the relative proportions of GBL and GHB at the time of analysis can still provide some clues as to the history of the sample. Specifically, two types of samples are most likely to be encountered in an analysis, where the substance originally introduced into the beverage (typically either GBL or NaGHB) will predominate. A thorough analysis should therefore determine the solution pH and whether GBL is present in addition to GHB in order to consider the likely origin of the sample. The relative proportions of GBL and GHB may be accurately determined by high-performance liquid chromatography (HPLC) [10, 28] or capillary electrophoresis (CE) [29]. This measurement should readily indicate the predominant specie and therefore the likely starting material, as well as may be some gauge of the age of the preparation when compared to the proportions predicted for a solution at equilibrium (Fig. 1). Any age assessment, however, is complicated by the history of the solution pH and temperature, and is therefore approximate. In the absence of HPLC or CE instrumentation, an alternative approach may be made by a two-step extraction scheme [20], where GBL is first extracted from the sample with methylene chloride. GHB is then subsequently isolated by acidification of the aqueous sample and extraction with ethyl acetate. Following derivatization of the GHB extract [1-3, 7, 10-13], analysis of the respective solutions by mass spectrometry (in conjunction with gas chromatography, GC/MS) may be employed to identify and to

PAGE 26

estimate the relative amount of both species. This approach significantly underestimates the GHB quantity (the ethyl acetate extraction is only 20% efficient), but may still indicate the starting material since the non-starting species is usually present at a very dilute or trace level.

NOTE 1.

Additional reactions may be a concern for solutions with a complex composition (e.g., alcoholic drinks and fruit juices), although most putative side reactions appear unlikely to have an appreciable effect on the relative stability of lactone, free acid and anion species.

ACKNOWLEDGEMENTS The author is grateful to Dr. Marsha Lee (DEA Western Laboratory) for her critical review of this paper and helpful suggestions. The author also thanks Ms. Lavonne Wienke (DEA Library) for her efforts to acquire many of the scientific articles used in this study.

REFERENCES 1.

2. 3. 4. 5.

6. 7. 8. 9.

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Bomarito, C., “Analytical Profile of Gamma-Hydroxybutyric Acid (GHB)”, Journal of the Clandestine Laboratory Investigating Chemists Association, Vol. 3, No. 3, pp 10-12, (1991). Morris, J.A., “Extraction of GHB for FT-IR Analysis and a New Color Test for Gamma-Butyrolactone (GBL)”, Microgram, Vol. 32, No. 8, pp. 215-21, (1999). Morris, J.A., “Analogs of GHB; Part 2: Analytical Perspective”, Journal of the Clandestine Laboratory Investigating Chemists Association, Vol. 11, No. 1, pp 16-30, (2001). See, for example: Streitwieser, A. and Heathcock, C.H., Introduction to Organic Chemistry, Macmillan Publishing, New York, pp. 685-7 (1976). Ciolino, L.A., Mesmer, M.Z., Satzger, R.D., Machal, A.C., McCauley, H.A. and Mohrhaus, A.S., “The Chemical Interconversion of GHB and GBL: Forensic Issues and Implications”, Journal of Forensic Sciences, Vol. 46, No. 6, pp. 1315-23, (2001). Frost, A.A. and Pearson, R.G., Kinetics and Mechanism: A Study of Homogeneous Chemical Reactions, Wiley and Sons, New York, pp. 327-35 (1961). Blackledge, R.D. and Miller, M.D., “The Identification of GHB”, Microgram, Vol. 24, No. 7, pp. 172-9 (1991). Andera, K.M., Evans, H.K. and Wojcik, C.M., “Microchemical Identification of Gamma-Hydroxybutyrate (GHB)”, Journal of Forensic Sciences, Vol. 45, No. 3, pp. 665-8, (2000). Smith, P.R. and Bozenko, J.S., “New Presumptive Tests for

VOLUME 12 NUMBER 4 — OCTOBER 2002

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION GHB”, Microgram, Vol. 35, No. 1, pp. 10-5, (2002). 10. Rees, D.K., Wasem, S.E and Patierno, E.R., “Identification and Quantitation of Gamma-Hydroxybutyrate in Illicit Drug Samples”, Microgram, Vol. 34, No. 12, pp. 329-39, (2001). 11. McCusker, R.R., Paget-Wilkes, H., Chronister, C.W., Goldberger, B.A. and Elsohly, M.A., “Analysis of GammaHydroxybutyrate (GHB) in Urine by Gas-ChromatographyMass Spectrometry”, Journal of Analytical Toxicology, Vol. 23, pp. 301-5, (1999). 12. Couper, F.J. and Logan, B.K., “Determination of GammaHydroxybutyrate (GHB) in Biological Specimens by GasChromatography-Mass Spectrometry”, Journal of Analytical Toxicology, Vol. 24, pp. 1-7, (2000). 13. Blair, S., Song, M, Hall, B. and Brodbelt, J., “Determination of Gamma-Hydroxybutyrate in Water and Human Urine by Solid Phase Microextraction-Gas Chromatography/Quadrupole Ion Trap Spectrometry”, Journal of Forensic Sciences, Vol. 46, No. 3, pp. 688-93, (2001). 14. Tunnicliff, G., “Sites of Action of Gamma-Hydroxybutyrate (GHB) – A Neuroactive Drug with Abuse Potential”, Clinical Toxicology, Vol. 35, No. 6, pp. 581-90, (1997). 15. Bourguignon, J., Schoenfelder, A. et al. “Analogues of GammaHydroxybutyric Acid; Synthesis and Binding Studies”, Journal of Medicinal Chemistry, Vol. 31, No. 5, pp. 893-7, (1998). 16. Centers for Disease Control, “Gamma-Hydroxybutyrate Use – New York and Texas, 1995-1996”, Journal of the American Medical Association, Vol. 277, No. 19, p 1511, (1997). 17. Elsohly, M.A. and Salamone, S.J, “Prevalence of Drugs Used in Cases of Alleged Sexual Assaults”, Journal of Analytical Toxicology, Vol. 23, pp. 141-6, (1999). 18. Long, F.A. and Friedman, L. “Determination of the Mechanism of Gamma-Lactone Hydrolysis by a Mass Spectrometric Method”, Journal of the American Chemical Society, Vol. 72, pp. 3692-5 (1950). 19. “Addition of Gamma-Hydroxybutyric Acid to Schedule I”, Federal Register, Vol. 65, No. 49, pp. 13235-8 (2000). “Placement of Gamma-Butyrolactone in List I of the Controlled Substances Act”, Federal Register, Vol. 65, No. 79, pp. 216457 (2000). 20. “Gamma-Hydroxybutyrate”, Analysis of Drugs Manual, Drug Enforcement Administration (2002). 21. See, for example: Skoog, D.A. and West, D.M., Fundamentals of Analytical Chemistry, 2nd edition, Holt, Rinehart and Winston, New York, pp. 265-271 (1969). 22. Henry, P., “Über die wechselseitige Umwanllung der Laktone und der Oxysäuren”, Zeitschrift fuer Physikalische Chemie, Vol. 10, p. 96-129 (1892); Kailan, A., “Über die Bildung und Hydrolyse von Laktonen”, Zeitschrift fuer Physikalische Chemie, Vol. 94, p. 111 (1920). 23. Streitwieser, A. and Heathcock, C.H., ibid., p. 429 (1976). 24. Long, F.A., McDevit, W.F. and Dunkle, F.B., “Salt Effects on the Acid-Catalyzed Hydrolysis of Gamma-Butyrolactone: I.

VOLUME 12 NUMBER 4 — OCTOBER 2002

25. 26. 27.

28.

29.

Chemical Activity and Equilibrium”, Journal of Physical and Colloid Chemistry, Vol. 55, pp. 813-29 (1951). Harned, H.S. and Owen, B.B., The Physical Chemistry of Electrolyte Solutions, 3rd. ed., Reinhold Publishing, New York, p. 676 (1958). See, for example: Adamson, A.W., A Textbook of Physical Chemistry, Academic Press, New York, pp. 682-6 (1973). Long, F.A., Dunkle, F.B. and McDevit, W.F., “Salt Effects on the Acid-Catalyzed Hydrolysis of Gamma-Butyrolactone: II. Kinetics and Reaction Mechanism”, Journal of Physical and Colloid Chemistry, Vol. 55, pp. 829-42 (1951). Mesmer, M.Z. and Satzger, R.D., “Determination of GammaHydroxybuytrate (GHB) and Gamma-Butyrolactone (GBL) by HPLC/UV-VIS Spectrophotometry and HPLC/Thermospray Mass Spectrometry”, Journal of Forensic Sciences, Vol. 43, pp. 489-92 (1998). Garcia, A., Lurie, I., Hulett, L., and Almirall, J., “Quantitation of Gamma-Hydroxybutyric Acid and Gamma-Butyrolactone Using Capillary Electrophoresis and High-Performance Liquid Chromatography”, Proceedings of the American Academy of Forensic Sciences, p. 28 (2001)

Note: John Chappell received a free copy of the JCLIC Archives CDROM for this submission

WANT A FREE COPY OF THE JCLIC ARCHIVES CD-ROM? Your submission of information to the CLIC Journal may qualify you for a free copy of the new JCLIC Archives on CD-ROM. The CD, a US$125 value, will be presented to those reports and/or papers which the Editorial Secretary feels make a significant contribution to the field. For more information, contact Editorial Secretary Rachel Cutler at (208) 884-7171.

2002 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

DRUG YIELD CALCULATOR VERSION 3.2 JOHN HUGEL, B.SC.

SGT. MARK PEARSON

TERRY EVOY

Health Canada 2301 Midland Avenue Toronto, ON M1P 4R7

R.C.M.P. 1000 Gardiners Road Kingston, ON K7P 3C4

R.C.M.P. 1000 Gardiners Road Kingston, ON K7P 3C4

INTRODUCTION

PURPOSE

The Drug Yield Calculator is a computer program to calculate the potential yield of a scheduled drug, in terms of weight and number of doses, given a known amount of precursor and the synthetic route. The program will also indicate how much of other precursors are needed to make the calculated amount of drug. The figures from the calculator are based on practical, not theoretical yields. For example, a forensic clandestine lab chemist receives information that a suspect has purchased 100g of ephedrine HCl and is using the phosphorus / iodine method of producing methamphetamine. The calculator will indicate that the ephedrine will make 47g of methamphetamine HCl which is equivalent to 9,400 5mg doses. The calculator will further indicate that, in addition to the ephedrine, 34g of red phosphorus and 51g of iodine are needed to produce the 54g of methamphetamine. This version of the calculator provides all information in both English and French. A report option has been added which will summarize results in a format suitable for printing. A Drug Identification Assistant has been added which will indicate which reactions include a particular precursor. A street value calculator has also been added to display the monetary value of the number of doses that are obtained by the Drug Yield Calculator. The calculator consists of: ♦ calculator program itself; ♦ two help files (English and French); ♦ two Synthesis documents (one English, one French) describing the calculations used to obtain the synthesis yields; ♦ two Cannabis extraction documents (one English, one French) describing how the Cannabis extraction data was obtained; ♦ uninstall utility.

The calculator is intended to assist clandestine lab chemists and law enforcement officers to quickly calculate potential yields for intelligence purposes. By using the calculator, the same results are obtained by chemists and officers. Since the results are explained in the reference and Cannabis extraction documents, the manner in which the yields are calculated can be critically evaluated.

ABBREVIATIONS The following abbreviations are used throughout this article: BMK ......................... benzyl methyl ketone GBL ........................... γ(gamma)-Butyrolactone GHB ........................... γ(gamma)-Hydroxybutyrate HBr ............................ hydrobromide HCl ............................ hydrochoride MDA ......................... 3,4-methylenedioxyamphetamine MDMA ..................... 3,4-methylenedioxymethamphetamine or N-methyl-3,4-methylenedioxyamphetamine MD-P-2-P .................. 1-(3,4-methylenedioxyphenyl)-2propanone P-2-P .......................... phenyl-2-propanone PCC ........................... 1-piperidinocyclohexanecarbonitrile PMK .......................... Piperonal methyl ketone Pseudo/ephedrine ..... Either pseudoephedrine or ephedrine

DRUGS COVERED BY THE CALCULATOR The production of the following drugs is included in the calculator:

The calculator itself does not rely on any other program (other than Windows) to be used. The documents, however, are in Acrobat .pdf format and require Adobe Acrobat Reader 4 or better to be viewed. The reader can be downloaded from the internet at: http://www.adobe.com/products/acrobat/readstep.html.

♦

GHB Solid - GBL – Sodium hydroxide

♦

GHB Solution in Water: - GBL – Sodium hydroxide - GBL – Potassium hydroxide

Likewise, the Help files require the use on Internet Explorer 4 or better.

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 2002 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 12 NUMBER 4 — OCTOBER 2002

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION ♦

♦

♦

♦

♦

Liquid Cannabis Resin: - Extraction from Marihuana Using: - Isopropyl alcohol - Naphtha (Camp fuel) - Petroleum ether - Dichloromethane - Methyl hydrate (Methanol) - Acetone

- Sassafras oil – Hydroquinone (Wacker). Isolation of safrole from sassafras oil; oxidation of safrole to MD-P-2-P using hydroquinone and palladium chloride.

MDA: - Piperonal – Nitroethane (Shulgin). Synthesis of nitrostyrene from piperonal; its reduction with lithium aluminum hydride. - Sassafras oil – Hydrogen peroxide – Sodium cyanoborohydride (Shulgin). Isolation of safrole from sassafras oil; isomerization of safrole to isosafrole; oxidation of isosafrole with hydrogen peroxide and formic acid to MD-P-2-P (PMK); reductive amination of MD-P-2-P (PMK) and ammonium acetate using sodium cyanoborohydride. - MD-P-2-P (PMK) – Sodium cyanoborohydride (Shulgin). Reductive amination of MD-P-2-P (PMK) and ammonium acetate with sodium cyanoborohydride. MDMA from MD-P-2-P (PMK): - Aluminum amalgam (Shulgin). Reductive amination of MD-P-2-P (PMK) and methylamine using aluminum amalgam. MDMA from Sassafras oil: - Hydrogen peroxide – Aluminum amalgam (Shulgin). Isolation of safrole from sassafras oil; isomerization of safrole to isosafrole; oxidation of isosafrole with hydrogen peroxide and formic acid to MD-P-2-P (PMK); reductive amination of MD-P-2-P (PMK) and methylamine with aluminum amalgam. - Methyl nitrite (Wacker) – Aluminum amalgam. Isolation of safrole from sassafras oil; oxidation of safrole to MD-P-2-P (PMK) using methyl nitrite generated in situ; reductive amination of MD-P-2-P (PMK) and methylamine with aluminum amalgam. MD-P-2-P (PMK): - Piperonal – Nitroethane (Shulgin). Synthesis of substituted nitrostyrene from piperonal; reaction of nitrostyrene with iron and acid to form MD-P-2-P (PMK). - Sassafras oil – Hydrogen peroxide (Shulgin). Isolation of safrole from sassafras oil; isomerization of safrole to isosafrole; oxidation of isosafrole with hydrogen peroxide and formic acid to MD-P-2-P (PMK). - Sassafras oil – Methyl nitrite (Wacker). Isolation of safrole from sassafras oil; oxidation of safrole to MD-P-2-P (PMK) using methyl nitrite generated in situ and palladium chloride.

VOLUME 12 NUMBER 4 — OCTOBER 2002

♦

Methamphetamine from P-2-P (BMK): - Aluminum amalgam. Reductive amination of P-2-P (BMK) and methylamine with aluminum amalgam. - Formic acid (Leuckart). Reduction of P-2-P (BMK) and N-methylformamide with formic acid; cleavage of N-formylmethamphetamine by hydrochloric acid.

♦

Methamphetamine from Pseudo/ephedrine: - Phosphorus – Hydriodic acid. Reduction of pseudo/ephedrine with phosphorus and hydriodic acid. - Phosphorus – Iodine. Reduction of pseudo/ephedrine with phosphorus and iodine. - Hypophosphorous acid – Iodine. Reduction of pseudo/ephedrine with 50% hypophosphorous acid and iodine. This is the Australian 100:100:100 method (Vallely, et al, 2001). - Lithium – Ammonia (anhydrous). Reduction of pseudo/ephedrine with anhydrous ammonia and lithium metal. - Sodium – Ammonia (anhydrous). Reduction of pseudo/ephedrine with anhydrous ammonia and metallic sodium.

♦

Phencyclidine: - Maddox method. Synthesis of PCC and phenylmagnesium bromide; reaction of both components to from a complex which is broken up with hydrobromic acid; purification to form phencyclidine HCl. - Short method. Reaction of PCC with purchased phenylmagnesium bromide to from a complex which is broken up with hydrobromic acid to make phencyclidine HBr.

OBTAINING THE CALCULATOR Version 3.2 consists of an installation program (setup.exe), a history.txt file, and a readme.txt file. Combined, they take up 2.0 Mbytes. The calculator can be purchased on a CD-ROM through the address listed below at a cost of $5.00 (US) per copy. The price of the CD covers the cost of preparation and mailing. The software itself is free. The CD also includes a copy of the PowerPoint presentation made at the CLIC seminar in New Orleans by J. Hugel and a copy of this article. S. Johnson LAPD / SID 555 Ramirez Street, Space 270 Los Angeles, CA 90012

2002 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Alternatively, a copy of the program can be obtained by emailing [email protected]. A copy of the installation program and the text files will be emailed to you. Some servers automatically screen out emails that include .exe files, so this option many not be feasible to some email addresses. The program may be copied and distributed to forensic clandestine lab chemists, law enforcement officers, and other justice related personnel. Please ensure that all who receive copies make every effort to make sure that the program does not fall into the wrong hands.

INSTALLING THE CALCULATOR ♦

♦

♦

If you have a previous version of Drug Yield Calculator on the computer, remove it before beginning installation by using its uninstall utility. If the program is obtained on CD-ROM, place the CD into the computer CD drive and Run (from the Start menu) setup.exe. Follow the prompts. If the program is obtained as an attachment to an email, download the setup and text files into a subdirectory where they can be easily found. From Windows Explorer or My Computer, double click on the set-up.exe file. Follow the prompts.

USING THE CALCULATOR ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦

♦ ♦ ♦ ♦

From the first screen, select “English” or “Français”. From the second screen, click “Go to Calculator”. From the pull down menu, select the drug of choice. Under the Options menu, select the units that are appropriate to the investigation (g/mL or kg/L). Choose the synthesis route that is appropriate to the investigation. Use the scroll bar as necessary. Click on the precursor for which you have information. Enter the amount of the precursor. Click “Calculate Yield”. To obtain a hard copy of results, select the Print item in the File menu to obtain a print of the screen. Alternatively, select Report and Print Preview in the Options menu. A report is displayed which can then be printed. The Zoom option will allow the user to preview the page. Although the report uses colour in the display, its output on a black and white printer is satisfactory. To obtain a street value of the projected yield, click the small calculator icon beside the doses box. Select a currency from the list, scrolling as necessary. Enter a price for a single dose. Click the “=”. The screen can be printed from the Print option in the File menu.

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HOW THE FIGURES WERE OBTAINED Both the References and Cannabis Extraction documents can be loaded through the Help menu. Alternatively, the documents can be found in the program group Drug Yield Calculator in the Programs menu. The synthesis yield figures and amounts needed for a single dose are obtained primarily from published articles or from the American Sentencing Guidelines. Where such figures were not available, data from communications from knowledgeable clandestine lab chemists or police officers are used. Most of the synthesis reactions have been undertaken by one of the authors (Hugel). If a reaction had been attempted and found to be ineffective, that reaction was not included in the calculator. The only reaction that fit into this category was the formation of solid potassium GHB. Hugel found that the solid was so hygroscopic that it was unrealistic to expect a street chemist to use this method. Notably, the hygroscopic nature of potassium GHB has been reported by Walker (1999). Descriptions of how yields and doses are obtained are detailed in the calculator’s References document. That document describes the individual reactions that are used to arrive at the obtained figures. Each reaction is depicted with chemical structures and how the yield was obtained for that reaction. Conversion factors when going between weights and volumes are also listed. Most such factors were taken from the The Merck Index (2001). To demonstrate how the figures were determined, take the example of an investigator who has information that a suspect has obtained 100g of Ephedrine HCl to produce methamphetamine using the phosphorus – iodine method. The citation used in the References document is Wojcik (1992) which states: OH CH3

CH3 NH

+

P

+

I2

NH H3C

H3C

ephedrine or pseudoephedrine red phosphorus 60 g 20 g

iodine 30 g

methamphetamine 28 g

The factor for Ephedrine is 28/60 = 47% The factor for Phosphorus is 28/20 = 1.4 The factor for Iodine is 28/30 = 93% From the American Sentencing Guidelines (2001), a single dose of methamphetamine is 5mg d-methamphetamine. One gram of d-methamphetamine HCl is therefore 200 doses of methamphetamine. 100g of ephedrine HCl will yield 100g x 47% = 47g of d-methamphetamine HCl which is 9,400 - 5mg doses. The amount of phosphorus which will be needed to produce that amount of methamphetamine is 100 x 47% / 1.4 = 34g. The amount of iodine needed to produce that amount of methamphetamine is 100 x 47% / 93% = 51g of iodine.

 2002 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 12 NUMBER 4 — OCTOBER 2002

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION The figures in the Liquid Cannabis Resin section of the calculator were obtained by Sgt Pearson in his work at the Canadian Police College. A discussion of the work can be found in the article by Hugel and Pearson (1999). Details of the obtained figures are included in the Cannabis Extraction document included with the calculator.

DRUG IDENTIFICATION ASSISTANT The Drug Identification Assistant lists reactions in which a particular precursor appears. It is intended for those who have information about a precursor and are unsure which drug could be produced from that precursor. A caveat line has been added to warn non-chemists to contact their local clandestine lab chemist for clarification. More than one precursor can be entered at one time. We do not recommend doing so as the generated list of possible reactions are those in which any of the listed precursors appear. There is no ranking of generated hits. Drug Identification Assistant is accessed under the File menu in the drop down menu screen of the calculator. To use the assistant: ♦ Select the precursor of interest in the left hand column. ♦ Click “Generate Drug List”. The reactions and modules in which that precursor appears will be listed in the right hand column. ♦ To check another precursor, click “Reset Inputs”.

HELP FILES Selecting Help Topics item in the Help menu, displays a window with four choices, Contents, Index, Search, and Favorites. The Contents option lists the summaries that are available in the Help window. Clicking on closed books details the topics available in Help under that heading. Double clicking on the topic of choice displays the relevant summary in the right hand part of the window. Clicking on the Index choice, alphabetically lists the keywords that are available in the index. By typing in the word that is sought, the index entries containing that word are indicated. Double clicking on an index entry will display the relevant summary in the right hand part of the window. The indexed word may not be specifically listed in the right hand window, but if the topic in the right hand window is displayed in the Drug Yield Calculator program, the indexed word will be found. This is one way of finding whether a particular precursor is listed in the calculator. The Search option displays a line to enter the word to be searched. Using the right hand pointing arrow allows the addition of AND, OR, NEAR, and NOT to permit a Boolean search. Clicking on “List Topics” displays any topics that contain the entered word(s). Double clicking on a listed topic displays where the searched word is found. This list is not as extensive as the Index choice where individual precursors are listed. Only those words

VOLUME 12 NUMBER 4 — OCTOBER 2002

included in summaries as found in the Contents help screen are included. After any one of the listed help topics is displayed, the Favorites choice can be selected and the title of the right hand screen added to the Favorites list. This allows quick referral to topics that are likely to be repeated. Selecting Information in the Help menu, displays a window with four choices: Contacts, Acknowledgements, Disclaimer, and E-mail. The Contacts selection lists the three main authors of the Drug Yield Calculator and their affiliations. The Acknowledgements selection lists organizations and individuals who have contributed to the calculator. The Disclaimer selection outlines the context into which figures obtained by the calculator should be placed. The E-mail selection lists an email address to contact the authors of the calculator. Selecting About in the Help menu, displays a window stating the version of the Drug Yield Calculator being used.

LIMITATIONS The Drug Yield Calculator is designed to give valid results with inputs between 1 and 10,000. The program will generate an error message if the input is greater than 10,000. An error message is not generated for values less than 1. With the caveat that the units input and output by the program are either g/mL or kg/L (but not both), the program generates valid results for input figures between 1g(mL) and 10,000kg(L). Calculations for liquid precursors are based solely on volumes. This can be a problem as liquid chemicals are often sold by weight. Two exceptions to the liquid precursors being expressed solely by volume are hypophosphorous acid which is in weight, and P-2-P for which the density is close to 1.0 meaning that either volume or weight measurements are valid. The figures in the calculator are based upon what a reasonably skilled synthetic chemist could obtain. The skill level of clandestine cooks is highly variable. Similarly, dosage unit figures are based on those that would have a “therapeutic” effect on a normal, unaddicted person. This is often not the case when dealing with users of illicit drugs. Like all calculators, the Drug Yield Calculator generates answers which are often much more accurate than is warranted. The figures used in calculations are all set to two significant figures. This means that if the calculator generates a potential yield of 12,341g, the user should report the potential yield as about 12,000g. (To be strictly correct, scientific notation should be used. However, the figure 1.2 X 104 would most likely confuse non-scientists.)

FUTURE VERSIONS The addition of more modules and more methods is planned. Efforts are underway to deal with the problem of liquids that are measured by weight and not by volume. Ways of having the DYC Assistant rank hits when a number of precursors are entered are being examined.

2002 - Clandestine Laboratory Investigating Chemists Association, Inc.

PAGE 31

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Suggestions for improvements to the calculator are always welcome. Please email us at [email protected] with suggestions or comments.

2. 3. 4.

ACKNOWLEDGEMENTS A project of this magnitude could not be successful without the assistance of several groups and individuals. The Clandestine Laboratory Investigating Chemists Association, the Royal Canadian Mounted Police, and Health Canada all provided assistance on both organizational and individual levels.

5.

6.

REFERENCES 1.

J. Hugel and M. Pearson, “Marihuana Extraction Using a Modified Iso-2 Apparatus” in Journal of Clandestine Laboratory Investigating Chemists Association 10 (1) (2000) pp. 27-30

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 2002 - Clandestine Laboratory Investigating Chemists Association, Inc.

M.J. O’Neil et al The Merck Index Thirteenth Edition (Whitehouse Station, NJ: Merck & Co., Inc.) 2001 United States Sentencing Commission: Supplement to the 2000 Guidelines Manual dated May 1, 2001 P. Vallely, D. Ma, A. Coxon “Aspects of the Hypophosporous – Iodine Method” presented at the 2001 Clandestine Laboratory Investigating Chemists Association Technical Training Seminar in Monterey, CA L. Walker “Identification of the Potassium Salt of Gammahydroxybutyrate (GHB-K+) in Journal of Clandestine Laboratory Investigating Chemists Association 9 (1) (1999) pp. 17-21 C. Wojcik “Safety Alert: New Cold Method Labs on Increase” in Journal of Clandestine Laboratory Investigating Chemists Association 2 (4) (1992) pp. 3-4

VOLUME 12 NUMBER 4 — OCTOBER 2002

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 13 NUMBER 2 — APRIL 2003

IN THIS ISSUE ... Pickard, Apperson Guilty. LSD Trial: Each Man Faces A Minimum Of 10 Years In Prison Or A Maximum Of Life Without Parole ....................................................... 2 Chemical Leak Forces Evacuation In Gulfport .............................................. 2 Toxic Cloud Wreaks Havoc In Gulfport ........................................................ 3 Wade In The Bayou May Have Saved Officer’s Life .................................... 4 31 Nabbed In Waste Company Meth Raids ................................................... 4 Cartel Linked To Waste-Plant Bust Authorities Say Materials Went To Drug Group ........................................................ 5 Mandatory Presumption Of Possession Of Hydriodic Acid By Possessing Red Phosphorus And Iodine Ruled Unconstitutional By California Appeals Court ........................................ 6 The Detection of Phosphine Gas Produced from Hydriodic Acid And The Evaluation of Detection Instruments For Use In Clandestine Laboratory Environments ................................................... 14 Lynn J. Willers

Association Officers President: Peter Vallely Centre for Forensic Science PO Box 594 Archerfield Brisbane, QLD 4108 AUSTRALIA 61-73-274-9031 Vice-President: Anneke Poortman Forensic Science Laboratory Volmerlaan 17 Rijswijk 2288 GD The Netherlands 31-70-340-8131 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (316) 792-4353 Membership Secretary: Anne Coxon ESR Ltd. Hampstead Rd Private Bag 92-021 Auckland, NEW ZEALAND 64-9-815-3946 US fax: (760) 437-4423 Editorial Secretary: Rachel Cutler ID State Police Forensic Services PO Box 700 Meridian, ID 83680-0700 (208) 884-7171 Past-President: John Hugel Health and Welfare – Canada 2301 Midland Ave Scarborough, ON M1P 4R7 CANADA (416) 973-2146

2003 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Executive Board Members: Terry A. Dal Cason DEA North Central Laboratory 536 S Clark St Rm 800 Chicago, IL 60605-1509 (312) 353-3640 Steve Johnson LAPD Crime Laboratory 555 Ramirez St Ste 270 Los Angeles, CA 90012-6302 (213) 847-0041

JOURNAL

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CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

PICKARD, APPERSON GUILTY LSD TRIAL: EACH MAN FACES A MINIMUM OF 10 YEARS IN PRISON OR A MAXIMUM OF LIFE WITHOUT PAROLE STEVE FRY The Capital-Journal (Topeka, KS) 3/31/2003 Six hours after they began deliberating, federal jurors on Monday convicted two California men of LSD trafficking charges linked to a missile silo at Wamego. Following the longest criminal trial in U.S. District Court in Topeka in at least 23 years, jurors found William Leonard Pickard, 57, and Clyde Apperson, 47, guilty of conspiracy and possession of LSD with intent to distribute more than 10 grams. Monday was the first day of the 12th week of the trial, which started Jan. 13. U.S. District Judge Richard Rogers will sentence Pickard and Apperson on Aug. 8. Each defendant faces a minimum of 10 years in prison to a maximum of life in prison without parole. The defendants, first Apperson followed by Pickard, were stone-faced as the verdicts were read. Within minutes of the verdicts, Apperson, who had been free on bond pending the trial, was handcuffed and taken into custody. Pickard has been in custody since Nov. 7, 2000. Pickard portrayed himself as an academic conducting research with high-level contacts in federal law enforcement circles, the U.S. State Department, Russia and Afghanistan. He told jurors he was en route to destroy an LSD lab Nov. 6, 2000, when Kansas Highway Patrol troopers stopped his vehicle and a rental truck driven by Apperson, which was hauling the lab, near a converted missile silo in Wamego. Prosecution evidence painted Pickard as the chemist who gathered the chemicals and cooked millions of doses of LSD and Apperson as the person who set up, took down and moved the LSD lab. The lab operated in Colorado, New Mexico and a converted missile site in Ellsworth County, then LSD was shipped to California and Europe, according to evidence. Scott Lowry, the presiding juror, said jurors “found that the evidence was clear and convincing. It was a pretty easy verdict to come to.” That jurors needed only six hours to reach the guilty verdicts following a long trial was indicative of how jurors felt about the evidence, Lowry said. Another juror, Jim Mason, said audio tapes in which jurors heard the defendants’ voices use the words “my” and “our” when referring to an LSD chemical they wanted returned to them was important evidence. Most of the evidence was “pertinent,” Mason said. As little as three hours before the verdicts were announced, there were at least four jurors who were undecided about the guilt or innocence of Pickard and Apperson, Mason said. If there was

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a gray area, it was how big a part Apperson played, and jurors voted several times before the guilty verdicts were reached, he said. Mason, a line mechanic for an electronics company, drove to Topeka and stayed here during the week, then returned home where he worked 12-hour shifts during some of his days off. Assistant U.S. Attorney Greg Hough praised the work of Ralph Sorrell, a Leavenworth police officer assigned to a federal Drug Enforcement Agency task force, and DEA special agents Karl Nichols and Roger Hanzlik. “Given the overwhelming amount of evidence and the tremendous investigative job by Sorrell, Nichols and Hanzlik, the verdict in this amount of time should surprise no one,” Hough said. Mark Bennett, Apperson’s defense attorney, expressed “disappointment” with the verdict. William Rork, Pickard’s defense attorney, said the trial “was one of the toughest cases I’ve ever defended in trying to get all the facts before the jury to consider.” Rork complained that defendants had to “play hide-and-seek” with the government to get evidence about the case. Rogers praised the jury for its lengthy service. “If anyone is entitled to thanks for carrying out a patriotic and civic duty, it’s you, with merit,” he said. [Reprinted with permission]

CHEMICAL LEAK FORCES EVACUATION IN GULFPORT REGGIE BEEHNER The Sun Herald (Biloxi, MS) Sun, Feb. 23, 2003 A chemical leak on Seaway Road early Sunday forced the evacuation of the industrial park, Interstate 10 and businesses along the U.S. 49 in Gulfport, authories said. A leak of anhydrous ammonia was reported at 2 a.m. from a storage facility at Channel Chemical on Seaway Road in Gulfport. Police now believe someone tried to steal the chemical, used in methamphedamine production, which caused the leak. Officials had the leak contained by about 6:30 a.m., but were asking residents in the area to stay indoors until a cloud of the chemical dissipated, which they expected as the temperatures rose with sunrise. The cloud of gas, was starting to dissipate about 7:30 a.m. and was hanging over Old U.S. 49 at Russell Boulevard. Police are tracking the cloud via helicopter and visual sight from ground forces.

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The interstate and U.S. 49 were closed down about three hours, although traffic was starting to move again by about 7:30 a.m. Other roads remained closed, however. Biloxi-Gulfport International Airport was closed, with a 5:45 a.m. flight being canceled, stranding about 100 travelers at the airport. Road closings also were reported around the area that included Airport Road, Rippy Road and Landon Road. Some churches in the area also were reported to cancel services Sunday morning as a precaution. Anhydrous ammonia is a compressed gas with extremely toxic vapors which irritate the eyes and skin. Although classified as non-flammable by the DOT, in confined spaces it can build up to a flammable concentration and create an explosive situation. Anhydrous ammonia is widely used as a refrigerant and in the agricultural, chemical, petroleum and water treatment industries. It is not yet known what it is used for at Channel.

TOXIC CLOUD WREAKS HAVOC IN GULFPORT REGGIE BEEHNER The Sun Herald (Biloxi, MS) Mon, Feb. 24, 2003 GULFPORT - A toxic cloud of anhydrous ammonia hovered over north Gulfport for six hours Sunday morning, spawned by what authorities believe was a botched burglary attempt at a chemical company. The cloud, which originated from an open tank valve at a nearby chemical manufacturing company, triggered widespread evacuations at businesses and hotels along U.S. 49. Major roadways, including U.S. 49 and Interstate 10, were closed to traffic for hours. And runways at the Gulfport-Biloxi International Airport went quiet as authorities feared ground crews would be exposed to the dangerous gas. At least a dozen people were treated at hospitals, with many complaining of burning eyes and lungs. Of those admitted, all but one were later released, hospital officials said. The leak, discovered around 2:11 a.m., originated from a tank of anhydrous ammonia at Channel Chemical Corp. on Seaway Road. The tank’s valve had been left open. Though anhydrous ammonia is typically used as an agriculture fertilizer or industrial refrigerant, authorities said evidence found at the site led them to believe someone sought the chemical to manufacture illegal methamphetamine. The fence surrounding the company apparently did little to deter potential thieves. But the company’s owner, Tom Reid, said he would tighten security this week, adding surveillance cameras and other equipment.

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“This was out of the blue,” Reid said. “I couldn’t believe how (the interest in methamphetamine) has escalated.” By 2:30 a.m., authorities had established a command post at Crossroads Shopping Center, located just a mile or so northeast of the leak’s origin. Early on, authorities could not get close enough to the leaking tank to determine what chemical they were dealing with. One attempt by a Gulfport police officer led to a nerve-rattling rescue in a nearby bayou, where the officer was trapped by the toxic cloud for 45 minutes until a hazardous materials team fetched him by boat. Two emergency response officials and at least one other woman also inhaled some of the toxic fumes and were transported by ambulance to local hospitals. “There were some tense moments,” said Gulfport Deputy Chief Steve Barnes. “There almost always is whenever you have situations involving chemicals.” Officials said they were lucky in many respects. Light southwestern winds scarcely moved the toxic cloud more than a few miles from its origin in the largely empty industrial park. Furthermore, the early hour when the leak occurred proved a “blessing” because most employees were still at home, leaving most businesses empty, authorities said. “This had the potential to be a life-threatening situation,” said Gulfport Fire Chief Pat Sullivan. “It’s something we constantly drill for, but we were still very lucky.” By 4:30 a.m., Gulfport firefighters had turned off the valve and stemmed the chemical leak. About 600 gallons of the chemical had escaped from the 2,000-gallon tank. Authorities monitored the toxic plume by helicopter. As the sun rose and temperatures warmed, the cloud dissipated. Still, local businesses could do little but wait. The Gulfport-Biloxi International Airport, for example, which has stayed open through hurricanes, was forced to close for the first time in at least eight years, said Ken Spirito, the airport’s assistant executive director. At least five departing flights were delayed until the airport was authorized to reopen at about 10 a.m., stranding about 100 passengers on the airport’s busiest travel day of the week. Several of the airport’s ground employees later were transported to hospitals for precautionary health checks. Travelers, forced to evacuate their hotel rooms situated along U.S. 49, waited out the early-morning hours at restaurants just outside the evacuation zone. By 8:30 a.m., Department of Environmental Quality officials determined that the air quality had returned to safe levels, allowing local roadways and businesses to reopen. At 9 a.m., Gulfport Police Chief Wayne Payne instructed about 25 officers to go door to door checking on residents.

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WADE IN THE BAYOU MAY HAVE SAVED OFFICER’S LIFE REGGIE BEEHNER The Sun Herald (Biloxi, MS) Mon, Feb. 24, 2003 GULFPORT - As a toxic cloud closed in around him early Sunday morning, Gulfport patrolman Joseph Torres made an unlikely move that may have saved his life: he waded into a nearby bayou. The 28-year-old was the first officer to respond to the Channel Chemical Corp. leak Sunday. Armed with binoculars, Torres traced the chemical plume to an open tank valve. But the accompanying fog from the gas thickened the air, making it impossible to get a reading of the tank’s identifying numbers. The distinctive smell and the burning in his eyes and throat, however, gave him a good idea of what he was dealing with: anhydrous ammonia, a dangerous gas that can be fatal if inhaled in large doses. But when Torres turned to leave, his path out was gone. The cloud had moved behind him, cutting off his exit. Staving off fear, Torres concentrated on his training. He spotted Bernard Bayou about 250 yards ahead and radioed dispatch. Yes, they could get a boat out there. But it would take awhile. That was enough for Torres. He waded into the water. “It was cold and I was kind of afraid about getting hypothermia,” he said. “But I knew the chemical liked to go to water, so I figured it might attack (the water) instead of me.” Wrapping his jacket around his face as a makeshift air filter, Torres waited. The gas, which had engulfed him on dry land, now hovered close to the surface of the water, affording him gulps of air when the wind wasn’t blowing. He called it “15 minutes of hell with occasional five-minute breaks.” His eyes and throat were burning. He called his wife, suggesting she meet him at Garden Park Medical Center. “That was halfway for my own peace of mind and halfway for hers,” he said. After nearly 45 minutes, searchlights from the Gulfport Fire Department boat cut against the darkness. The chemical fog was thick and Torres, who dropped his flashlight stumbling over a fence, knew they would have difficulty finding him. Again, he turned to his training. He pulled his service revolver and fired two shots. “That was the only signal I could give them,” he said, smiling at the memory. It worked. Within minutes, firefighters had him back on shore, where he was sprayed down with decontaminating agents and given oxygen. In less than a few hours, Torres was home at his Gulfport apartment. His throat was sore. His eyes raw. But he was OK.

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Throughout his ordeal, Torres’ fellow officers had been calling in, asking about his condition and offering encouraging words. Moments before heading off to the hospital, Torres made one last call over his radio: It was a 10-43, the code for “Everything is OK.”

31 NABBED IN WASTE COMPANY METH RAIDS DENNIS WAGNER The Arizona Republic (Phoenix, AZ) Feb. 26, 2003 A Phoenix company hired to dispose of illegal drug chemicals was instead putting drugs back on the street, authorities said Tuesday. Law enforcement agents from more than a dozen agencies swarmed Innovative Waste Utilization LLC’s plant at 15th Avenue and the Salt River on Tuesday, arresting employees and seizing chemicals and corporate records. In some cases, investigators said, the company’s workers traded the components of methamphetamines for marijuana or cash. In other cases, they reportedly made meth at the company site. Attorney General Terry Goddard said at least 31 Arizona suspects were taken into custody on state and federal indictments. He estimated that 500 pounds of methamphetamines were kept off the streets because of the raids. “We trusted these individuals to take care of those chemicals,” added Paul Charlton, U.S. attorney for Arizona, “and they violated that trust.”’ In addition to handling industrial byproducts, Innovative Waste is a subcontractor used to dispose of chemicals seized during narcotics raids by law enforcement agencies in California, Arizona, Colorado and Texas. A state grand jury indictment names Innovative Waste and 26 of its employees and associates. A federal indictment charges seven more of the company’s employees and associates.

COMPANY OFFICIALS

QUIET

Officials at Industrial Waste Utilization Inc., the company’s corporate headquarters in Montclair, Calif., did not respond to interview requests. Their Phoenix attorney, J. Stanton Curry, said, “It’s too early for me to be able to comment on it.” Law officers served at least 15 search warrants in Arizona, also hitting a drug lab in Cashion and residential sites in Phoenix. A dozen more warrants were served in Ohio and California, including one at corporate offices in Montclair.

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Errol Chavez, special agent in charge of the Drug Enforcement Administration for Arizona, said law enforcement officers risked their lives seizing the meth precursors, pseudoephedrine, red phosphorous and iodine, only to learn company workers were selling them “out the back door.” Chavez said it is unclear how long that had been going on before Mesa police initiated the investigation just over a year ago. During the past four months, Chavez said, Innovative Waste took in 200 pounds of drug chemicals. Raw methamphetamines go for about $6,500 per pound wholesale or $50 per gram on the street after being cut to a lesser concentration. The federal indictment contains five criminal counts, including drug conspiracy and money-laundering. The state indictment was not available Tuesday.

GROUPS

LAWS

Phoenix tightened its zoning laws a year later to bar expansion of toxic-waste facilities, which brought an unsuccessful lawsuit from Innovative Waste. After DEQ upheld its permit last year,

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CARTEL LINKED TO WASTE-PLANT BUST AUTHORITIES SAY MATERIALS WENT TO DRUG GROUP DENNIS WAGNER

STUNNED

Revelations about the raid stunned Phoenix officials, environmentalists and neighbors who have spent four years in a losing battle to block permits granted by the state Department of Environmental Quality that allowed the plant to expand. Upon learning about the narcotics raids Tuesday, community activist Mike Pops exclaimed, “Oh, those suckers! This company has just shown its total arrogance.” Charlton and a representative of the federal Environmental Protection Agency said there was no immediate threat of contamination found during Tuesday’s raids, although inspections were expected to take several days. Patrick Gibbons, a DEQ spokesman, insisted Tuesday that his agency had been responsible in licensing the company and in regulating its operations. He said Innovative Waste was inspected in September with no violations. Gibbons acknowledged that part of DEQ’s role is to ensure that waste disposal company operations are consistent with their paperwork but said his agency cannot monitor on a detailed level. In view of the indictments, Gibbons said, “DEQ will use its full authority to take appropriate measures.” Innovative Waste, in an industrial and dumping area along the Salt River bed, was licensed to expand operations tenfold in 1999 despite community opposition based on fears of air pollution, fires and toxic releases in beleaguered minority neighborhoods. Steve Brittle, an environmental activist, said, “This gives the (DEQ) director an excuse to close them down. Christmas has come early, or late.” State Rep. John Loredo said lawmakers have tried for years to shut down Innovative Waste Utilization. “The company has always been a threat to the neighborhood because of the nature of the hazardous material they process,” he said. “Now, it appears there was another threat.”

TIGHTENED

Phoenix filed two lawsuits arguing that the state failed to get federal approval and violated procedures. Those cases are pending. “ADEQ got duped,” Phoenix Councilman Doug Lingner said. “IWU just manipulated them with a ‘pro-business’ message. They were pro-business all right . . . pro illegal business, allegedly.”

The Arizona Republic (Phoenix, AZ) Feb. 27, 2003 Federal investigators said some methamphetamine chemicals that were siphoned out of a south Phoenix waste disposal plant went to members of an international drug cartel. A day after authorities swarmed Innovative Waste Utilization LLC, which contracts with law enforcement agencies to destroy chemicals confiscated from meth labs, investigators said they have traced the distribution of some of the pilfered drugs from a local ringleader tied to a Mexican cartel. “In the drug-trafficking trade, major Mexican organizations are polydrug - meth, cocaine, heroin, marijuana,” said Tony Coulson, assistant special agent in charge for the DEA in Arizona. State and federal indictments charge that, beginning as many as five years ago, employees at the company sold the drugmaking ingredients out the back door, traded them for marijuana, or created their own meth labs. Authorities arrested more than 30 people and served more than 15 search warrants Tuesday. Richard Travis, a spokesman for the Arizona Attorney General’s Office, said more warrants were served Wednesday and additional arrests may follow. Innovative Waste received 200 pounds of drug-making chemicals in the past four months, but investigators could not provide details about law enforcement contracts with the company or a full tally of the ingredients it handles. A Maricopa County grand jury indicted Innovative Waste on suspicion of conspiracy, fraud and drug offenses in connection with the illegal diversion of chemicals. The company faces criminal fines and other penalties if convicted. Law enforcement agents and environmental inspectors scoured the company’s compound at 15th Avenue and the Salt River on Wednesday, looking for evidence and contaminants. And the Arizona Department of Environmental Quality formally shut down the plant.

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Agency Director Steve Owens said he is investigating allegations that the company not only diverted chemicals to drug labs but disposed of other wastes without a permit. “As far as this agency is concerned, they are no longer in the hazardous-waste business,” Owens said. In grand-jury indictments, it is alleged that there was chronic falsification of disposal and inventory records at the plant. Officials from Industrial Waste Utilization Inc., the Californiabased parent company, were said to be in Arizona on Wednesday.

Neither they nor company lawyers responded to interview requests. Among those arrested Tuesday was Robert Bruce Yorke III, identified by the Attorney General’s Office as facilities manager at Innovative Waste, as well as employees David Hague and Jeffrey Brandon Todd. All three are accused of falsifying disposal and inventory records. In total, the county indictment charges 50 individuals with 140 felony counts including drug conspiracy, money laundering, racketeering and bribery of a public servant.

MANDATORY PRESUMPTION OF POSSESSION OF HYDRIODIC ACID BY POSSESSING RED PHOSPHORUS AND IODINE RULED UNCONSTITUTIONAL BY CALIFORNIA APPEALS COURT Filed 12/31/02 CERTIFIED FOR PARTIAL PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Trinity) THE PEOPLE, Plaintiff and Respondent, v. LISA ROBIN MCCALL, Defendant and Appellant. C038946 (Super. Ct. No. 01F004B) APPEAL from a judgment of the Superior Court of Trinity County, Anthony C. Edwards and John K. Letton, Judges. Reversed in part and affirmed in part. Rebecca P. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, J. Robert Jibson, Supervising Deputy Attorney General, Judy Kaida, Deputy Attorney General, for Plaintiff and Respondent. Defendant Lisa Robin McCall was convicted by jury of manufacturing methamphetamine (Health & Saf. Code, §11379.6, subd. (a)) , possession of ephedrine with intent to manufacture methamphetamine (§11383, subd. (c)(1)), possession of hydriodic acid with intent to manufacture methamphetamine (§11383, subds. (c)(2) and (f)), and use and possession of methamphetamine. (§§11550 and 11377.)

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She was sentenced to serve a total of six years in prison on concurrent terms as follows: five years on count one, six years on count two, four years on count three, and two years on count four. Execution of the sentence was suspended pursuant to section 3051, upon a finding defendant is in imminent danger of becoming addicted to narcotics. She appeals from the judgment of conviction. On appeal, McCall challenges the denial of her motion to suppress evidence seized from her residence and raises several instructional and evidentiary errors. We agree with her claim that count three must be reversed because the jury was instructed with an unconstitutional mandatory presumption which required it to find defendant possessed hydriodic acid if it found she possessed the essential chemicals red phosphorous and iodine. We will reverse the conviction on count three and affirm the judgment in all other respects. FACTUAL BACKGROUND A. The Prosecution’s Case On the afternoon of January 4, 2001, law enforcement officers from the Trinity County Sheriff’s Department went to defendant’s cabin at Mills Camp in Peanut to arrest her. Officers contacted James Youngman, co-defendant Barry Youngman’s father. He told them that defendant was not home. The officers asked if they could go inside the house and look and he said “sure.” Upon entry, the officers detected a strong chemical odor coming from the kitchen. When they went into the kitchen, officers saw a glass pan containing a line of a white powdery substance. A glass pipe used to smoke methamphetamine and a piece of paper containing an unidentified substance was found in a back room. The house is an 800 square foot cabin with two bedrooms, a living room, kitchen and laundry room. Law enforcement officers obtained a search warrant of defendant’s residence and returned to execute it later that same

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day. When the officers were approximately 30 feet from the residence, they smelled a chemical odor. Inside the house, officers observed male and female adult clothing, various receipts and other documents bearing the names of defendant and Barry Youngman, and one bed. In the kitchen there was a full complement of cooking and eating utensils. It appeared that two people resided in the house. Officers seized four firearms, a glass methamphetamine smoking pipe containing residue, and a hypodermic syringe, a piece of drinking straw with residue buildup consisting of .03 grams of methamphetamine, and a small brown rock determined to be .02 grams of methamphetamine. Also seized were numerous zip lock empty baggies of varying sizes commonly used to package illegal narcotics, boxes of ephedrine tablets and sinus medication containing pseudoephedrine, containers of solvent, coffee filters stained with a reddish-colored substance, a can containing zip lock baggies with a reddish powdered substance, a digital scale, duct tape, a tetracycline prescription bottle containing beads and a lid with a yellow stain, a small electric coffee grinder containing a white powdery residue, rubber tubing, two bottles labeled red devil lye, a small measuring cup, and a piece of paper bearing an address for the Alpha Iodine Company with prices for various amounts. The majority of the seized items were found either in the utility room or the kitchen. A blue pickup truck was parked outside at defendant’s residence. During a search of the truck on January 4th, officers seized from its interior, a rifle, a letter addressed to defendant, and Sudafed tablets containing pseudoephedrine. On the morning of January 6th, defendant was arrested as she entered the pickup truck in the parking lot of the Burger King in Weaverville. At that time, sheriff ’s deputies found located on the seat of the truck, a key for room number 6 at the Indian Creek Motel in Douglas City. The deputies went to room number 6 at the Indian Creek Motel. The room was registered to Barry Youngman. Barry was in the room at the time and was immediately arrested. During a search of the motel room, deputies seized a canvas bag containing defendant’s California identification card and a small piece of tinfoil containing an off-white powdery substance later identified as .02 grams of methamphetamine. Subsequent testing of the powdery substances and the liquids seized from defendant’s residence revealed the presence of methamphetamine; ephedrine, a precursor to methamphetamine; phenyl-2-propanone (P-2-P), a by-product in the manufacturing of methamphetamine by the ephedrine-hydriodic acid method; red phosphorus containing methamphetamine and other by-products from the manufacture of methamphetamine by the ephedrine-hydriodic acid method; red phosphorus; and iodine crystals, mixed with water and red phosphorus. Defendant’s latent fingerprints were found on a can of Naptha solvent, and 11 of Barry Youngman’s latent fingerprints were found on various items, including jars, bottles, flasks, a dish containing residue, and a coffee grinder, all used in the manufacture of methamphetamine. Defendant and Barry and James Youngman all tested positive for methamphetamine upon their arrests.

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Expert testimony established that pseudoephedrine is the only precursor of the ephedrine-hydriodic acid method of processing methamphetamine. A precursor is a primary chemical that is changed into a finished product. Substances used in the manufacture of methamphetamine by the ephedrine-hydriodic acid method include pseudoephedrine tablets, solvents, bases such as Red Devil lye, red phosphorus, and iodine; equipment used to manufacture methamphetamine by that same method include coffee filters, plastic baggies, coffee grinders, funnels, separators, pans, containers, and jars. An expert opined there was a laboratory to manufacture methamphetamine by the ephedrine-hydriodic acid method in defendant’s residence, and that there was a sufficient quantity of pseudoephedrine, red phosphorus, and iodine present to manufacture methamphetamine. B. The Defense Defendant did not testify but called Barry Youngman, who testified he was convicted of manufacturing methamphetamine based upon the same facts presented in the instant case. He lived with defendant from June 2000 to January 2001 and manufactured methamphetamine at her residence in January of 2001. However, he never showed defendant the manufacturing operation, and attempted to “keep it a secret from her” by hiding materials and laboratory equipment “off the premises” in a travel trailer and a van that he kept on her property. Barry admitted both he and defendant were at her residence on January 3rd and the morning of January 4th, but he claimed he did not manufacture methamphetamine on January 4th until defendant left her residence at approximately 1 p.m. to go to court. When Barry saw law enforcement officers arrive at the residence, he fled, leaving his father at the residence. Barry owned three of the four firearms found in defendant’s residence but never showed them to her. He tested positive for methamphetamine on January 6th and gave defendant that drug on that same day. During the time he lived with defendant, he manufactured methamphetamine for the two of them to ingest and defendant knew where he obtained the drug. DISCUSSION I. The Search Warrant Defendant contends the trial court erroneously denied her motion to suppress evidence seized from her residence because information alleged in the affidavit in support of the search warrant was illegally obtained during a prior warrantless entry of her residence. She argues the trial court improperly shifted to her the burden of proving the illegality of the warrantless search, and that the People, who had the burden of proving the legality of that search, may not do so with inadmissible hearsay, namely the affidavit in support of the search warrant. Respondent contends the motion to suppress evidence was properly denied because defendant failed to establish that the averments in the affidavit contained deliberate or reckless falsehoods or omissions. Because

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defendant’s argument is based upon the incorrect assumption the People had the burden of proof, we reject her claim of error. When making a suppression motion, the People have the burden of establishing the lawfulness of a warrantless search (Welsh v. Wisconsin (1984) 466 U.S. 740, 750 [80 L.Ed.2d 732, 743]), while the defendant has the burden of proving the unlawfulness of a search incident to a search warrant. (Franks v. Delaware (1978) 438 U.S. 154, 171-172 [57 L.Ed.2d 667, 682].) Because the burden of proof depends upon whether the search is a warrantless search or is incident to a warrant, we examine the object of defendant’s suppression motion to determine which search she challenged. Defendant contends that because the initial entry was without a warrant, the People had the burden of proving the entry was lawful, and since they failed to establish that James Youngman had actual or apparent authority to give consent to enter her residence, the information gained by the officers upon that entry should have been excised from the affidavit in support of the search warrant, leaving the affidavit devoid of sufficient probable cause. Defendant is mistaken. Defendant’s notice of motion to suppress evidence moved “for an order suppressing all evidence . . . seized January 4, 2001 pursuant to execution of Search Warrant No. 01-SW-001.” The motion was made on the grounds “the preceding illegal entry cannot be the probable cause for the issuance of a search warrant,” and argued that the information obtained incident to the warrantless consent search should be excised from the affidavit, citing Franks v. Delaware, supra, 438 U.S. 154 [57 L.Ed.2d 667]. Defendant also filed an amended notice of motion, which moved “additionally for an order quashing the search warrant, and as previously noticed, suppressing all evidence seized pursuant to Search Warrant No. 01-SW-001.” Thus, defendant’s motion only sought to suppress evidence obtained pursuant to the search warrant. While she argued that the warrantless entry was unlawful and the information obtained upon entry should be excised from the probable cause affidavit, she did not separately move to suppress the evidence obtained incident to the warrantless search. In her reply brief, defendant cites People v. Leichty (1988) 205 Cal.App.3d 914, People v. Brown (1989) 210 Cal.App.3d 849, People v. Ivey (1991) 228 Cal.App.3d 1423, and People v. Ingham (1992) 5 Cal.App.4th 326, for the proposition that information obtained from an unlawful warrantless search cannot be used to support a later obtained search warrant unless the prosecution establishes the validity of the first search. Defendant’s reliance on these cases is misplaced. Cases are not authority for propositions not raised and resolved. (San Diego Gas & Electric Co. v. Superior Court (1996) 13 Cal.4th 893, 943.) Since none of the cases cited address the proposition asserted by defendant, they do not assist her. In sum, defendant did not separately seek to suppress the evidence obtained during the warrantless search, she only sought to suppress the evidence obtained incident to the warrant. By so doing, she left open only two avenues to challenge the legality of the warrantless entry. Those avenues were to mount

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a facial challenge to the sufficiency of the affidavit or to traverse the warrant under Franks v. Delaware, supra, 438 U.S. 154 [57 L.Ed.2d 667], by alleging and proving the affidavit contained deliberate falsehoods or statements made with reckless disregard for the truth, and that those falsehoods were material to the magistrate’s finding of probable cause. (Id. at pp. 171-172 [57 L.Ed.2d at p. 682].) On appeal, defendant does not challenge the facial sufficiency of the affidavit nor the denial of her Franks motion. We therefore reject her claim of error. II. Mandatory Presumption on Count Three Defendant contends section 11383, subdivision (f) and the corresponding CALJIC instructions “create an impermissible mandatory presumption that possession of iodine and red phosphorus is sufficient to prove possession of hydriodic acid.” Respondent contends that subdivision (f) is not an unconstitutional mandatory presumption “because the predicate facts that a defendant possessed essential chemicals (i.e., iodine and red phosphorus) sufficient to manufacture hydriodic acid, with the intent to manufacture methamphetamine, necessarily prove that a defendant possessed hydriodic acid.” Defendant was charged in count three with possessing hydriodic acid with intent to manufacture methamphetamine in violation of section 11383, subdivisions (c)(2) and (f). Subdivision (f) of section 11383 provides in pertinent part: “possession of immediate precursors sufficient for the manufacture of . . . hydriodic acid . . . shall be deemed to be possession of the derivative substance. Additionally, possession of essential chemicals sufficient to manufacture hydriodic acid, with intent to manufacture methamphetamine, shall be deemed to be possession of hydriodic acid.” Pursuant to subdivision (f), the jury was instructed in pertinent part as follows: “The defendant is charged in count three of having violated section 11383(c)(1) [sic] of the Health and Safety Code, which is a crime. “Every person who, with the intent to manufacture methamphetamine or any of its analogs, namely hydriodic acid, possesses any salts, isomers, or salts of isomers of ephedrine or pseudoephedrine or possesses at the same time any of the following, a combination product thereof, namely red phosphorous and iodine, is guilty of a violation of Health and Safety Code section 11383(c)(1) [sic], a crime. “In order to prove this crime, each of the following elements must be proved: A person possessed . . . red phosphorus and iodine; and that person had the specific intent to manufacture methamphetamine . . . . For the purpose of this section, possession of immediate precursors is sufficient for the manufacture of hydriodic acid with the intent to manufacture methamphetamine, shall be deemed to be in possession of hydriodic acid.”

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In essence then, the jury was instructed that it must find

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defendant possessed hydriodic acid if it found she possessed the precursors of hydriodic acid, namely, red phosphorus and iodine. Mandatory presumptions in criminal statutes may be unconstitutional if they relieve the prosecution from having to prove each element of the offense beyond a reasonable doubt. (People v. Roder (1983) 33 Cal.3d 491, 496-498; Sandstrom v. Montana (1979) 442 U.S. 510, 520 [61 L.Ed.2d 39, 48].) A mandatory presumption is one that tells the trier of fact that it must assume the existence of the elemental fact from proof of the basic fact. (People v. Roder, supra, at p. 498; Ulster County Court v. Allen (1979) 442 U.S. 140, 158 [60 L.Ed.2d 777, 792].) The prosecution may not rely on a mandatory presumption unless it is accurate. There must be a “rational connection” between the basic fact proved and the ultimate fact presumed (Ulster County Court v. Allen, supra, at p. 165 [at p. 797]) and “the fact proved is sufficient to support the inference of guilt beyond a reasonable doubt.” (Id. at p. 167 [at p. 798]; Sandstrom v. Montana, supra, 442 U.S. at pp. 521-524 [61 L.Ed.2d at pp. 49-51].) Subdivision (f) specifies that a finding of the basic fact that the defendant possessed the immediate precursors or the essential chemicals (red phosphorous or iodine) sufficient to manufacture hydriodic acid, is deemed a finding of the ultimate fact of possession of hydriodic acid. Because the jury is not free to reject the inference of the presumed fact once it finds the proved facts, the statute and the instruction constitute mandatory presumptions. A mandatory presumption may be constitutional if it is accurate beyond a reasonable doubt. (Sandstrom v. Montana, supra, 442 U.S. at pp. 521-524 [61 L.Ed.2d at pp. 49-51].) Here, neither the statutory presumption nor the instruction based upon the statute are accurate. They both equate possession of the essential chemicals with possession of the synthesized substance. They are not the same. Expert testimony established that hydriodic acid is a controlled substance that is difficult to purchase so methamphetamine manufacturers generally make their own. They do this by combining iodine, red phosphorus, and water and heating the three chemicals together. Therefore, while there is a rational basis to conclude that red phosphorus and iodine are the essential chemicals of hydriodic acid, there is no rational basis to conclude that those two essential chemicals constitute hydriodic acid. The latter substance is a different substance which does not come into existence until it is synthesized from its essential components under a process of heat. At that point, the iodine is converted to hydriodic acid while the red phosphorous retains its original properties as red phosphorous. We therefore conclude the presumption is unconstitutional. Nor was the instructional error harmless beyond a reasonable doubt. (Chapman v. California (1967) 386 U.S. 18 [17 L.Ed.2d 705]; Rose v. Clark (1986) 478 U.S. 570 [92 L.Ed.2d 460].) “The issue under Chapman is whether the jury actually rested its verdict on evidence establishing the presumed fact beyond a reasonable doubt, independently of the presumption.” (Yates v.

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Evatt (1991) 500 U.S. 391, 404-405 [114 L.Ed.2d 432, 449], overruled on other grounds in Estelle v. McGuire (1991) 502 U.S. 62, 72, fn. 4 [116 L.Ed.2d 385, 399].) In this case, the answer to that question is perfectly clear because there is absolutely no evidentiary support for a finding of the presumed fact of possession of hydriodic acid. The prosecution conceded no hydriodic acid was found in defendant’s residence. In order to establish the presumed fact, the prosecutor relied on the unconstitutional presumption, arguing there was “red phosphorous and iodine, and these two things, in combination make hydriodic acid.” Accordingly, because there was no evidence upon which the jury could have found defendant was in possession of hydriodic acid, we hold the error was not harmless. III Failure to Give an Instruction on Knowledge Relying on People v. Coria (1999) 21 Cal.4th 868 (hereafter Coria), defendant contends the jury instructions on counts one, two, and three were prejudicially erroneous because they failed to require the jury to find she knew the narcotic or illegal character of methamphetamine and its precursors. Respondent contends Coria is inapposite and that under other properly given instructions, the jury necessarily found defendant knew that methamphetamine was a controlled substance. We agree with respondent. The defendant in Coria, supra, 21 Cal.4th 868, was charged with manufacturing methamphetamine. (§11379.6, subd. (a).) The trial court gave a modified version of CALJIC No. 12.09.1. The jury was instructed that “‘[a]wareness of the physical character of the substance being manufactured, i.e., that the product of the chemical synthesis is methamphetamine is not necessary’” and that it need only find the following two elements: (1) the person engaged in the process of manufacturing, either directly or indirectly by means of chemical extraction or independently by means of chemical extraction and (2) a controlled substance, namely, methamphetamine. (Id. at p. 874, and fn. 2.) The defendant argued that this instruction converted the offense of manufacturing methamphetamine into a strict liability offense and negated his defense. He had testified that he helped his brother wash ephedrine pills, believing this was being done for the purpose of salvaging and reselling the pills. When he was told they were extracting ephedrine to make methamphetamine, he immediately quit. The Supreme Court agreed with Coria’s claim and held that the crime of manufacturing methamphetamine requires proof the defendant know the character of the substance being manufactured. To avoid converting a felony offense into a strict liability offense, the court found the element of knowledge implicit in the statutory language. The court reasoned, “ there is no reason in law or logic to construe section 11379.6 as a strict liability offense and thus permit the conviction of a person for manufacturing methamphetamine, a felony, for extracting pseudoephedrine from pills if the person does not know the extraction was performed for the purpose of, or as part of the

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process of, manufacturing methamphetamine. Merely engaging in chemical synthesis is not enough; the defendant must have knowledge of the facts which make the chemical synthesis unlawful, i.e., that methamphetamine is being manufactured.” (21 Cal.4th at p. 880.) Coria does not assist defendant. The version of CALJIC No. 12.09.1 given by the trial court below differed from the one given in Coria in two significant respects. First, it did not tell the jury that awareness of the physical character of the substance being manufactured is not necessary and second, it included a third element, i.e. “that [defendant] had the specific intent to manufacture that controlled substance, which is methamphetamine.” Thus, the instruction did not allow the jury to return a verdict for a strict liability offense. To the contrary, it required the jury to find that defendant knew methamphetamine was being manufactured. Additionally, under other properly given instructions, the jury necessarily found defendant knew methamphetamine was a dangerous and controlled substance. (People v. Musselwhite (1998) 17 Cal.4th 1216, 1248.) In count four, defendant was charged with the offense of possessing methamphetamine for purpose of sale. (§11378.) The jury was therefore instructed on this offense and its lesser included offense of possessing methamphetamine. (§11377, subd. (a).) These instructions told the jury, inter alia, that defendant “knew of [methamphetamine’s] nature as a controlled substance.” Therefore by convicting defendant of possessing methamphetamine for sale, the jury necessarily found she knew the narcotic character of methamphetamine. Nor do we find any error in the instructions given on possession of ephedrine with the intent to manufacture methamphetamine. (§11383, subd. (c)(1).) The statutory language defining that offense does not include a knowledge element. Instead, the statute requires proof the defendant had the intent to manufacture methamphetamine and the jury below was so instructed. Because the offense requires the intent to manufacture methamphetamine, it is not a strict liability offense, and therefore there is no need to construe the statutory language to include the additional element of knowledge to avoid such a result. Because the instructions correctly reflected the statutory language, there was no instructional error. Accordingly, we reject defendant’s instructional claim. IV Conspiracy Instructions and Failure to Give Instructions on Aiding and Abetting Defendant complains the trial court instructed the jury on the law of conspiracy without also instructing on the law of aiding and abetting, thereby allowing her to be convicted on the four charged offenses without proof she possessed the specific intent to commit those offenses or proof that she aided and abetted the commission of those offenses. She argues the conspiracy instructions were merely supposed to assist the jury in understanding her aider and abettor liability for the charged offenses. Therefore, according to defendant, the conspiracy

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instructions may have led the jury to convict her based upon inadequate evidence. She also argues that application of the natural and probable consequence doctrine to her would permit prosecutors to convict all methamphetamine users of manufacturing because all users have to make some kind of agreement with their suppliers and it is reasonably foreseeable the supplier will have manufactured the drug prior to providing it to the end user. Respondent contends the jury was properly instructed. We hold the trial court properly instructed the jury on conspiracy liability, and under the limited circumstances of this case, manufacturing methamphetamine is the natural and probable consequence of possessing or using methamphetamine. A. The Instructions The prosecutor argued that convictions for manufacturing methamphetamine and possession of ephedrine with intent to manufacture methamphetamine, could be based upon either one of two theories: (1) that defendant and co-defendant Barry Youngman conspired to manufacture methamphetamine or (2) that defendant and Youngman conspired to commit the target offenses of possession and use of methamphetamine and that the manufacture of methamphetamine (count one) and the possession of ephedrine with intent to manufacture methamphetamine (count two) were the natural and probable consequences of the conspiracy to possess and use that drug. Over defense counsel’s objection, the trial court instructed on the law of conspiracy. Instructions on aiding and abetting were not given. However, despite the prosecutor’s argument, the trial court only instructed the jury on the prosecutor’s second theory which required the jury to find that manufacturing methamphetamine is the natural and probable consequence of the offenses of use and possession of methamphetamine. Because the jury was not instructed on the first theory, we will confine our analysis to the second theory. It is well established, “the prosecutor, not the court or the defendant, exercises the discretion to decide which crimes will be charged and on what theory they will be prosecuted.” (People v. Brigham (1989) 216 Cal.App.3d 1039, 1052; see also People v. Vargas (2001) 91 Cal.App.4th 506, 553; People v. Cortes (1999) 71 Cal.App.4th 62, 79; People v. Tenorio (1970) 3 Cal.3d 89, 95.) Furthermore, where the prosecutor fails to charge a conspiracy but there is evidence of a conspiracy to commit the substantive offenses, it is not error for the prosecutor to introduce evidence of the uncharged conspiracy to establish liability for the charged offenses and for the trial court to instruct on the law of conspiracy. (People v. Washington (1969) 71 Cal.2d 1170, 1174; People v. Belmontes (1988) 45 Cal.3d 744, 790.) “The doctrine of conspiracy plays a dual role in our criminal law. First, conspiracy is a substantive offense in itself — ‘an agreement between two or more persons that they will commit an unlawful object (or achieve a lawful object by unlawful means), and in furtherance of the agreement, have

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committed one overt act toward the achievement of their objective.’ [Citations.] Second, proof of a conspiracy serves to impose criminal liability on all conspirators for crimes committed in furtherance of the conspiracy. Thus, ‘where several parties conspire or combine together to commit any unlawful act, each is criminally responsible for the acts of his associates or confederates committed in furtherance of any prosecution of the common design for which they combine. In contemplation of law the act of one is the act of all.’ (People v. Kauffman (1907) 152 Cal. 331, 334 [92 P. 861].) “This second aspect of conspiracy — which imposes joint liability on conspirators — operates independently of the first aspect, which makes a conspiracy itself a crime. Thus, ‘It is long and firmly established that an uncharged conspiracy may properly be used to prove criminal liability for acts of a coconspirator. [Citations.] “Failure to charge conspiracy as a separate offense does not preclude the People from proving that those substantive offenses which are charged were committed in furtherance of a criminal conspiracy [citation]; nor, it follows, does it preclude the giving of jury instructions based on a conspiracy theory [citations].”’ (People v. Belmontes (1988) 45 Cal.3d 744, 788-789 [248 Cal.Rptr. 126, 755 P.2d 310] . . . .” (People v. Salcedo (1994) 30 Cal.App.4th 209, 215-216.) In People v. Belmontes, supra, 45 Cal.3d 744, the court rejected the defendant’s claim that failure to give aiding and abetting instructions was error, where the People elected to establish defendant’s liability for murder based upon an uncharged conspiracy. (Id. at p. 793.) In sum, derivative or vicarious criminal liability may be imposed under principles of either or both conspiracy and aiding and abetting. (People v. Croy (1985) 41 Cal.3d 1, 12; 1 Witkin and Epstein, California Criminal Law (3d ed. 2000), Introd. to Crimes, §80, at p. 128.) Proof of conspiracy liability does not necessitate proof of aider and abettor liability (People v. Kauffman, supra, 152 Cal. 331; People v. Belmontes, supra, 45 Cal.3d at pp. 788-789, 793; People v. Salcedo, supra, 30 Cal.App.4th at pp. 215-216; People v. Luparello (1986) 187 Cal.App.3d 410, 441), although proof of a conspiracy may be relevant to prove aider and abettor liability. (People v. Brigham, supra, 216 Cal.App.3d at pp. 1051-1052; People v. Wheeler (1977) 71 Cal.App.3d 902, 906-907; People v. Durham (1969) 70 Cal.2d 171, 181.) Applying these principles, we find no instructional error. Although defendant was not charged with the offense of conspiracy, the prosecutor was entitled to introduce evidence of the uncharged conspiracy to establish defendant’s liability for the charged offenses. Having done so, the trial court was required to instruct on the law of conspiracy. Since defendant was not tried as an aider and abettor, the trial court had no duty to instruct on that theory. (People v. Belmontes, supra, 45 Cal.3d at p. 793.) Defendant does not claim the conspiracy instructions given to the jury were erroneous under the law of conspiracy. We therefore find no instructional error.

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B. Natural and Probable Consequences The doctrine of natural and probable consequences as applied to conspiratorial liability may be found in the early and often cited case of People v. Kauffman, supra, 152 Cal. 331, where the court explained, “‘where several parties conspire or combine together to commit any unlawful act, each is criminally responsible for the acts of his associates or confederates committed in furtherance of any prosecution of the common design for which they combine. . . . Each is responsible for everything done by his confederates, which follows incidentally in the execution of the common design as one of its probable and natural consequences, even though it was not intended as a part of the original design or common plan. Nevertheless the act must be the ordinary and probable effect of the wrongful act specifically agreed on, so that the connection between them may be reasonably apparent, and not a fresh and independent product of the mind of one of the confederates outside of, or foreign to, the common design.” (Id. at p. 334; see also People v. Luparello, supra, 187 Cal.App.3d at pp. 437-438.) The determination whether the offense committed (the nontarget offense) is the natural and probable consequence of the agreed upon offense (the target offense) is a question of fact for the jury. (People v. Nguyen (1993) 21 Cal.App.4th 518, 530; People v. Luparello, supra, 187 Cal.App.3d at p. 443.) The test is an objective one, which looks not at the issue in the abstract, but one to be resolved by the jury in light of all of the circumstances surrounding the incident. (People v. Croy (1985) 41 Cal.3d 1, 12, fn. 5; People v. Nguyen, supra, 21 Cal.App.4th at p. 531.) The question does not turn on the defendant’s subjective state of mind, but upon “whether, under all of the circumstances presented, a reasonable person in the defendant’s position would have or should have known that the charged offense was a reasonably foreseeable consequence” of the agreed upon target offense. (See People v. Nguyen, supra, 21 Cal.App.4th at p. 531.) The parties have not cited any case involving a conviction for manufacturing a controlled substance based upon a finding it was the natural and probable consequence of the offenses of use or possession of that same substance and we have been unable to find one ourselves. Nevertheless, while we agree with defendant that in the abstract, the nontarget offense is not the natural and probable consequence of the target offenses, we reach a contrary conclusion when considering, as we must, the circumstances of this case. The natural and probable consequence doctrine requires that the nontarget offense be “the ordinary and probable effect” of the target offense. It is reasonable to conclude that one who uses or possesses methamphetamine will ordinarily and probably need to acquire the drug. It does not follow, however, that one who uses or possesses that drug will ordinarily and probably manufacture it. As a practical matter, manufacturing methamphetamine requires knowledge, equipment, and the intention to do so. It cannot reasonably be said that everyone who uses or possesses methamphetamine has the capability or inclination to manufacture the drug.

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However, as we stated above, the question whether a nontarget offense is the natural and probable consequence of the target offense is a question of fact to be determined, not in the abstract, but under all the circumstances present. (People v. Nguyen, supra, 21 Cal.App.4th at p. 531.) Here, the evidence established that defendant and Youngman were addicted to methamphetamine, they lived together in defendant’s house, where Youngman had set up a lab to manufacture methamphetamine for their mutual use. The equipment for the lab was located throughout defendant’s house, although most of it was located in the utility room and kitchen. Moreover, defendant’s fingerprints were found on a can of Naptha solvent, a substance used in the manufacture of methamphetamine. Based upon this evidence, the jury could find that defendant knew Youngman had set up a lab in her house to manufacture methamphetamine in order to supply both of them with their drug of choice. Under these circumstances, it was reasonably foreseeable that Youngman would manufacture methamphetamine in order to satisfy their mutual drug addiction. Accordingly, we find, the jury could conclude, under these circumstances, that manufacturing methamphetamine was the natural and probable consequence of the conspiracy to possess and use methamphetamine. We therefore find no error. V Admission of Drug Test Results Defendant contends the trial court erroneously admitted evidence that she, Barry Youngman (Barry), and James Youngman (James) tested positive for methamphetamine, that methamphetamine was seized from James upon his arrest, that defendant and Barry met while they were in a drug rehabilitation program, that defendant and Barry consistently used methamphetamine between June 2000 and January 2001, and that defendant was not employed. She argues this evidence is essentially evidence of prior bad acts which is inadmissible under Evidence Code section 1101, subdivision (a). Respondent contends the evidence was properly admitted to prove defendant’s knowledge of the narcotic character of methamphetamine. We find the evidence was properly admitted. During in limine motions, the court admitted evidence that upon their arrests, defendant, Barry, and James tested positive for methamphetamine. The prosecution argued that evidence of defendant’s test results and use of methamphetamine was relevant to show her knowledge of the narcotic character of the methamphetamine. The court found the test results and possession by defendant and her two co-defendants were relevant to show “the relationship of the three individuals in the processing of and possession and use of methamphetamine.” During trial and over objection by defense counsel, the court admitted a plastic bag containing a white powdery substance found in James’ pocket by jail personnel upon his arrest on January 10th. It was offered to show the connection between the defendant, Barry, and James. Trinity County Sheriff’s Deputy Bruce Haney identified the plastic bag as an item seized from

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James’ wallet upon his arrest. The content of the bag was not identified. Barry testified on cross-examination that he met defendant at an in-patient treatment program in 1998 and that the two of them consistently used methamphetamine between June 2000 and January 2001. Defense counsel objected to this testimony on the grounds it exceeded the scope of direct examination and violated Barry’s Fifth Amendment rights. Youngman also testified, without objection, that defendant was not employed. On appeal, a trial court’s decision to admit or exclude evidence is reviewed for abuse of discretion. (People v. Waidla (2000) 22 Cal.4th 690, 717-718; People v. Williams (1997) 16 Cal.4th 153, 197.) We will find error only where the trial court’s decision exceeded the bounds of reason. (People v. Funes (1994) 23 Cal.App.4th 1506, 1519.) Moreover, we review the trial court’s ruling, not its reasoning. (People v. Mason (1991) 52 Cal.3d 909, 944.) Only relevant evidence is admissible. (Evid. Code, §350.) “‘Relevant evidence’ means evidence, including evidence relevant to the credibility of a witness . . ., having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.” (Evid. Code, §210.) While evidence of a person’s character or trait of character is inadmissible to prove the person’s conduct on a specified occasion (Evid. Code, §1101, subd. (a)), evidence of wrongdoing is admissible when relevant to prove motive, plan, or knowledge. (Evid. Code, §1101, subd. (b); People v. Pijal (1973) 33 Cal.App.3d 682, 691 [prior narcotic offenses admissible to prove knowledge and intent in prosecution for furnishing and selling dangerous drug]; People v. Conrad (1973) 31 Cal.App.3d 308, 326 [evidence that defendant is a narcotic addict admissible to show motive to sell drugs and steal]; People v. Thornton (2000) 85 Cal.App.4th 44, 49-50 [use of heroin admissible to show knowledge of its narcotic character].) Defendant was charged in count four with possessing for sale, a controlled substance, to wit, methamphetamine. (§11378.) “Unlawful possession of a controlled substance for sale requires proof the defendant possessed the contraband with the intent of selling it and with knowledge of both its presence and [its] illegal character.” (People v. Meza (1995) 38 Cal.App.4th 1741, 1745-1746; People v. Harris (2000) 83 Cal.App.4th 371, 374.) Thus, the narcotics-related evidence, namely defendant’s drug test results and her consistent use of methamphetamine for the six months prior to her arrest, was admissible to establish her knowledge of its narcotic character. (People v. Thornton, supra, 85 Cal.App.4th at pp. 49-50.) The other narcotic related evidence, including the test results for Barry and James, the evidence that defendant and Barry met in a rehabilitation facility, that she and defendant consistently used methamphetamine, and that defendant was unemployed, was relevant to establish the motive of the three co-conspirators to engage in a conspiracy to manufacture methamphetamine to satisfy their common drug habits. (People v. Guyette (1964) 231

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Cal.App.2d 460, 467.) Defendant’s and Barry’s stay in a drug rehabilitation facility followed by their continued and consistent drug use, established the nature of their relationship, the extent of their addiction and the resulting strength of their motive to secure methamphetamine for their combined use. Defendant’s unemployed status was relevant to establish her need to join the conspiracy so that she could satisfy her addiction despite the fact she had no lawful income to support her habit. There was no abuse of discretion in admitting this evidence. However, the probative value of the plastic baggie seized from James Youngman’s wallet was minimal because there was no testimony identifying the white powdery residue in the bag. Nevertheless, admission of the baggie was harmless in light of the evidence James tested positive for methamphetamine upon his arrest, and Barry’s testimony that he “felt remorse for making

[defendant] an addict,” that he manufactured the methamphetamine mostly for himself and defendant, and that between June 2000 and January 2001, defendant knew where Barry got the methamphetamine. (People v. Watson (1956) 46 Cal.2d 818, 836.) Accordingly, we reject defendant’s claims of prejudicial error. DISPOSITION The judgment of conviction on count three is reversed. The judgment is affirmed in all other respects. BLEASE, Acting P. J. We concur: DAVIS J. MORRISON, J.

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THE DETECTION OF PHOSPHINE GAS PRODUCED FROM HYDRIODIC ACID AND THE EVALUATION OF DETECTION INSTRUMENTS FOR USE IN CLANDESTINE LABORATORY ENVIRONMENTS LYNN J. WILLERS Los Angeles County Sheriff’s Department Scientific Services Bureau 2020 W Beverly Blvd Los Angeles, CA 90057-2404

INTRODUCTION The production of phosphine gas at illicit drug labs is a significant safety concern for first responders. Over the last several years, many in law enforcement have been injured due to phosphine inhalation. At least three suspects have died from phosphine poisoning [1] and encounters with phosphine continue to be reported [2]. Phosphine gas, also known as hydrogen phosphide, is used in the farming industry as a grain fumigant. At clandestine laboratories, phosphine can be generated when hydriodic acid is over-heated during the manufacturing of methamphetamine. Previously, phosphine was detected at clandestine laboratory sites using a manual color detection method. This method employs a glass tube containing an inert material treated with a substance reactive to phosphine gas. When phosphine is drawn through the tube using a bellows pump, a reaction occurs causing a color change. The approximate phosphine concentration corresponds to the length of discoloration in the tube. This method can require several minutes to complete the detection process and the result has a relative standard deviation of +/-15 to 20%, as reported by Dräger [3]. As the number of reported phosphine incidents increased, many agencies abandoned the slower manual detection method in favor of a more rapid electronic detection method. One type of monitor now widely used by law enforcement employs an electrochemical sensor. A working electrode and a counter electrode, in contact with a liquid electrolyte are enclosed within the sensor housing. The gas diffuses into the sensor and through a partially permeable membrane where it contacts the working electrode. An electrochemical reaction occurs, and electrons pass between the working electrode and the counter electrode. The resulting electrical current is proportional to the concentration of the gas being measured. The instrument amplifies the current, scales the output according to the calibration, and displays a reading in parts per million [4]. The California Bureau of Narcotic Enforcement Clandestine Laboratory Task Force currently uses two types of electronic monitors to measure the concentration of phosphine gas at clandestine laboratory sites. The Toxi-RAE PGM-35 is manufactured by RAE Systems and the T-80 is manufactured by Industrial Scientific Corporation. These instruments are designed

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to detect phosphine gas within sixty (60) seconds and then sound an alarm when the concentration is measured at the Threshold Limit Value (TLV) which is 0.3 parts per million (ppm). Although these and other instruments are commercially available, vendor literature indicates that they may be marketed primarily for use in fumigation environments where phosphine is the only chemical present for detection. Many of the commercial monitors are available in mountable stationary models for use in silos or similar structures. Electrochemical sensors are also known to have some cross-sensitivity, meaning that they can react to gases which are not the target gas. According to RAE Systems, this could diminish the sensor’s response to the target gas and therefore prevent an alarm [5]. The purpose of this research was to verify that the instruments are able to detect phosphine when used in the acidic vapor environments of illicit drug labs, that they are not significantly cross-sensitive to other chemicals present, and that they are able to resist sensor degradation resulting in accurate measurements after repeated exposure in acid gas environments. A secondary purpose of this research was to compare phosphine generation between hydriodic acid (HI) preparations using red phosphorus, hypophosphorous acid and reagent grade HI, and to compare the phosphine detection ability of electrochemical sensors with the manual color detection method.

EXPERIMENT For the purpose of manufacturing, hydriodic acid is frequently used to reduce pseudoephedrine to methamphetamine. Hydriodic acid can be made by combining red phosphorus with iodine in aqueous media [6]. 3I2 + 2P 2PI3 + 6H2O

2PI3 6HI + 2H3PO3

Hydriodic acid can also be made using hypophosphorous acid and iodine [7].

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H3PO2 + I2 + H2O

H3PO3 + 2HI

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Phosphorous acid is a by-product made during both of these reactions.

4H3PO3

3H3PO4 + PH3

2H3PO2

H3PO4 + PH3

Phosphine is generated when the phosphorous acid (H3PO3) [8, 9, 10] or hypophosphorous acid (H3PO2) [7, 9] disproportionate to form phosphoric acid (H3PO4) and phosphine gas (PH3). Commercial preparations of hydriodic acid contain approximately 1.5% hypophosphorous acid as a stabilizer and would not be expected to generate a detectable concentration of phosphine gas, but could be theorized to disproportionate as shown. Phosphorous acid decomposes at approximately 180°C [1, 11] to 200°C [8, 10], while the same occurs for hypophosphorous acid at about 130°C [7, 9]. The increased use of hypophosphorous acid at illicit drug labs poses a significant safety concern for first responders [12]. The decomposition of hypophosphorous acid at the lower temperature, would indicate that the generation of phosphine is more readily attainable when hypophosphorous acid is used over red phosphorus in the production of hydriodic acid. It has been speculated that this decomposition generates significant amounts of both phosphine and diphosphine, leading to several incidents of the spontaneous ignition of hypophosphorous acid reaction mixtures [13]. This would imply that labs utilizing hypophosphorous acid would present greater fire, explosion and phosphine hazards than their red phosphorus counterparts.

INSTRUMENTS Refer to Table 1 and 2 for a listing of the instrument models and equipment used in this study. Phosphine was generated using three (3) different hydriodic acid (HI) preparations detailed in Table 3. The chemicals were mixed in a 1000 ml double-neck round bottom flask and the mixtures were heated using a heating mantle and attached rheostat. The temperature of each reaction mixture was monitored and phosphine detection data was recorded with respect to concentration and temperature. To determine consistency between electrochemical sensors, concentration data was obtained concurrently using two identical electrochemical detectors (T-80 “A” and “B”) and a third provided by different manufacturer (Toxi-RAE). The three (3) electrochemical phosphine detection instruments were attached to a ring stand, movable to and from the open neck of the flask during data recording. A fourth non-electrochemical detection method (Dräger) was used concurrently, to compare the colorimetric measurements with the electrochemical sensor measurements. To verify the precision of the results, the two T-80 instruments were exposed four (4) times to a heated reaction mixture, using the HI preparation made with red phosphorus. One of the instruments (A) was re-calibrated before each exposure, while

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the other (B) was re-calibrated only prior to the first exposure. Data recorded from each of the instruments was compared to verify that sensor degradation did not occur and that the ability of the sensor to detect phosphine without re-calibration, did not diminish with repeated exposure to an acid gas environment. To verify that the instruments do not give false positive readings when exposed to non-phosphine producing chemicals, the instruments were exposed to a variety of other chemicals typically encountered at methamphetamine laboratory sites. All four monitors were exposed to each chemical for approximately one minute, at room temperature with a detection distance of approximately three inches. The chemicals evaluated are listed in Table 4.

RESULTS During heating of the three hydriodic acid preparations, the initial temperatures at which phosphine gas was detected by each instrument was recorded (Table 5). In the hydriodic acid preparation using red phosphorus where a second heating occurred (trial #1), phosphine was detected by the T-80 instruments at 140°C and by the ToxiRAE at 125°C. Phosphine was not detected by the Dräger tubes during this trial. In the hydriodic acid preparations using red phosphorus, trials #2-#4, phosphine was detected between 160°C and 180°C by the T-80 instruments. The ToxiRAE detected phosphine between 120°C and 165°C. The Dräger tubes detected phosphine at 165°C and 190°C, and did not detect phosphine during trial #3. In the hydriodic acid preparation using hypophosphorous acid, phosphine was detected at 155° by the T-80 instruments and 115°C by the ToxiRAE. The Dräger tubes detected phosphine at 170°C. In the reagent grade hydriodic acid trial, phosphine was not detected by the T-80 instruments or by the Dräger tubes. The ToxiRAE detected phosphine at 120°C. Subsequent phosphine concentrations were recorded for each reaction mixture trial. Measured phosphine concentrations were plotted against temperature as shown in the corresponding graphs. Phosphine detection instruments were also exposed to acids, bases, solvents and other substances commonly encountered at methamphetamine labs. The electrochemical sensors did not respond to any non-phosphine generating chemicals with the exception of concentrated hydrochloric acid. As a result, two subsequent exposures to hydrochloric acid were conducted. (Each trial was approximately one minute, at room temperature.) On the first exposure at a distance of three inches between detector and acid, the ToxiRAE reacted to the acid, displaying a phosphine concentration of 0.1 to 2.3 ppm. One of the T-80 instruments displayed a concentration of 0.1 ppm at the same distance. At a distance of one inch, the T-80 instruments displayed concentrations from 0.1 to 0.2 and in negative numbers from -0.1 to -0.6 ppm. On a second exposure, one of the T-80 instruments displayed a concentration of -.01 ppm, at a distance of two inches between detector and acid.

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Table 1. Detection Instruments Instrument Model

Sensor / Detection Type

(2) T-80 Single Gas Monitors (designated “A” and “B” for experiment) Industrial Scientific Corporation electrochemical sensor (both new, never used)

Reported CrossSensitivity

Hydrogen sulfide Hydrogen cyanide

Detection Range

0-10 ppm

electrochemical sensor (replaced 6/01 - exposed to calibration gas only) Silane, Diborane, Germane, Hydrogen sulfide, Hydrogen cyanide 0-5 ppm

Resolution

0.1 ppm

0.1 ppm

Manufacturer

ToxiRAE Toxic Gas Monitor PGM-35

Accuro Hand Pump/ Phosphine short-term detection tubes

RAE Systems

Dräger colorimetric reaction Arsine, Stibine 0.1- 4 ppm (10 strokes) 1- 40 ppm (1 stroke) 0.5 ppm

Table 2. Miscellaneous Equipment Equipment

Model/Serial #

Specifications

Manufacturer

Heating mantle

TM108/155675A

380 watts/115 volts

Glas-Col

Rheostat

PL3122 Minitwin/366853

1800 watts/120 volts

Glas-Col

Round bottom flask

double neck/1000 ml

angled/boiling

unknown

Thermometer

Enviro-safe liquid

-10 to 260ΕC

HB Inst. Co

After re-calibration, the instruments were re-exposed to concentrated hydrochloric acid a third time, at distances of five, four, three and two inches (Table 6). The ToxiRAE displayed a phosphine concentration of 0.1 to 0.5 ppm at the two and three inch detection distances. The Dräger tubes did not react with any of the chemicals.

CONCLUSION The T-80 instruments detected phosphine near the temperatures where phosphine would have been expected, and showed good consistency in measurements between the two instruments independent of re-calibration. The instruments did not show significant cross-sensitivity. The ToxiRAE also detected phosphine, but consistently at higher concentrations and at lower temperatures than the T-80

Table 3. Reactions Used To Generate Phosphine Gas HI using Red Phosphorus *

HI using Hypophosphorous Acid

HI using Reagent Grade

Ephedrine (18 grams) Ephedrine (25 grams) Ephedrine (25 grams) Hydriodic acid-57% (50 mls) Iodine (37 grams) Iodine (25 grams) DI water (30 mls) Red phosphorus (8 grams) Hypophosphorous acid (25 mls) DI water (200 mls) * There were four (4) trials using this HI preparation. This chart reflects the chemical amounts used for trials #2-#4. Amounts used for trial #1 were approximately 50 grams ephedrine, 75 grams iodine, 15 grams red phosphorus and 200 milliliters of water.

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Table 4. Chemicals Evaluated With Detectors Pseudoephedrine (dry)

Hydrochloric acid

Acetone

Pseudoephedrine (in water)

Hypophosphorous acid

Methanol

Iodine (dry)

Hydriodic acid

Coleman fuel

Iodine (in water)

Phosphoric acid

Toluene

Red phosphorus (dry)

1,1,1-Trichloroethane

Charcoal lighter fluid

Red phosphorus (in water)

1,1,2-Trichlorotrifluoroethane

Denatured alcohol

Sodium hydroxide (in water)

1,1-Dichloro-1-fluoroethane

instruments. It also gave false positive readings with both hydriodic and hydrochloric acids, indicating that initial phosphine detection at the lower temperatures may be due to some crosssensitivity to the strong acids. Phosphine detection using the colorimetric Dräger system was not consistent, possibly due to inconsistencies in the tube material. Other factors may have included logistical problems such as the tube not being seated properly in the pump, ground glass in the pump prohibiting a proper seal, or the bellows not being fully depressed, thereby limiting the volume of air sampled. Overall, the colorimetric system did not perform as reliably as the electrochemical detectors. With the understanding that acid cross-sensitivity may influence concentration measurements, results of this study show that both the T-80 and the Toxi-RAE instruments demonstrate reliability, and that the electrochemical sensors operate effectively in clandestine laboratory environments.

REFERENCES 1.

2. 3. 4. 5. 6. 7.

Willers-Russo, LJ., “Three Fatalities Involving Phosphine Gas, Produced as a Result of Methamphetamine Manufacturing”, J Forensic Science, 1999, Vol. 44, No. 3, pg. 647-652. Courtney, M., “Lab Seizures”, J Clandestine Laboratory Investigating Chemists Association, Jan 2002, Vol. 12, No. 1, pg.9 Dräger Tube CH 31101, Instructions for Use, 234-311e, 11th Edition, November 1993 Industrial Scientific Corp., Technical Information, Electrochemical Sensors, www.indsci.com/lel_elec.html RAE Systems, Technical Report, TN-114, pg. 6 Ehret, WF., Smiths College Chemistry, 7th Edition, Appleton-Century Crafts, Inc., New York, 1960, pg. 465-466 Vallely, B., “A Single Step Process for Methamphetamine Manufacture Using Hypophosphorus Acid”, J Clandestine Laboratory Investigating Chemists Association, Apr 1995, Vol. 5, No. 2, pg. 14

Table 5. Initial Temperatures Phosphine Was Detected By Instruments Phosphine Generation Temperature - in degrees Celcius Trial

T-80 A

T-80 B

ToxiRAE

Dräger

Red P HI - trial #1 (re-heat)

140

140

125

no reaction

Red P HI - trial #2

175

160

165

190

Red P HI - trial #3

180

180

150

no reaction

Red P HI - trial #4

160

160

120

165

Hypophosphorous Acid HI

155

155

115

170

Reagent grade HI

no reaction

no reaction

120

no reaction

VOLUME 13 NUMBER 2 — APRIL 2003

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9. 10. 11. 12.

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Corbridge, DEC., Phosphorus: An Outline of it’s Chemistry, Biochemistry and Technology, 2nd Edition, Elsevier Scientific Publishing Company, Amsterdam, Oxford, New York, 1980, pg. 64,143 Van Wazer, JR., Phosphorus and it’s Compounds, in Two Volumes, Volume I: Chemistry, Interscience Publishers, Inc., New York, 1958, pg. 363,379 Inorganic Synthesis, Volume IX, McGraw-Hill, Inc., New York, 1967, pg. 56-57 O’Neil, MJ., Senior Editor, The Merck Index, 13th Edition, Merck & Co., Inc., Whitehouse Station, New Jersey, 2001, pg. 1317 Massetti, J., “Hypophosphorous Acid Use Increases at California Clandestine Methamphetamine Labs”, J Clandestine Laboratory Investigating Chemists Association, Jul 1997, Vol. 7, No. 3, pg. 6 Laing, R., “Lab Seizures”, J Clandestine Laboratory Investigating Chemists Association, Apr 1998, Vol. 8, No. 2, pg. 13

ACKNOWLEDGEMENTS The author would like to thank the following individuals for their invaluable assistance during the course of this project: Jerry Earley, Senior Industrial Hygienist, CA DOJ, for providing the ToxiRAE PGM-35 Sgt. Anthony Hollins, LASD, Narcotics Bureau, for providing the T-80 instruments Ms. Stacey Nupoff, BNE, for direction and assistance in the calibration of the instruments Leo Summerhays, Senior Criminalist, LASD, for assistance with editing of the manuscript Deputy Mel Cavanaugh, LASD, for assistance with printing the data chart Also my co-workers and supervisor on the Clandestine Laboratory Response Team for their general support: Steven Phillips, Ken Lee, Lori Schumann, Joseph Cavaleri, and Gary Chasteen

Table 6. Response Of Instruments To Hydrochloric Acid Sensor Response To Concentrated Hydrochloric Acid - In Parts Per Million First exposure / Distance

T-80 A

T-80 B

ToxiRAE

Trial #1 - 3 inches

0.0

0.0

0.1 to 0.3

0.0

Trial #2 - 3 inches

0.0

0.1

0.1 to 2.3

0.0

-0.1 to -0.6

----------

---------Dräger

Trial #3 - 1 inch Second exposure / Distance

0.1 to 0.2

Dräger

T-80 A

T-80 B

ToxiRAE

Trial #1 - 5 inches

0.0

0.0

0.0

----------

Trial #2 - 4 inches

0.0

0.0

0.0

----------

Trial #3 - 3 inches

0.0

0.0

0.0

----------

Trial #4 - 2 inches

0.0

-0.1

0.0

----------

Trial #5 - 2 inches

0.0

0.0

0.0

----------

T-80 A

T-80 B

ToxiRAE

Trial #1 - 5 inches

0.0

0.0

0.0

----------

Trial #2 - 4 inches

0.0

0.0

0.0

----------

Trial #3 - 3 inches

0.0

0.0

0.1

----------

Trial #4 - 2 inches

0.0

0.0

0.2 to 0.5

----------

Third exposure / Distance

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Dräger

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Measured Phosphine Concentrations in parts per million Temperature degrees C

RP #1 T-80a

RP #1 T-80b

100

RP #1 ToxiRae

RP #1 Drager

RP #2 T-80a

RP #2 T-80b

RP #2 ToxiRae

RP #2 Drager

RP #3 T-80a

RP #3 T-80b

RP #3 ToxiRae

RP #3 Drager

0

0

0

0

0

0

0

0

0

0

0

105

0

0

0

0

0

0

0

0

0

0

0

0

110

0

0

0

0

0

0

0

0

0

0

0

0

115

0

0

0

0

0

0

0

0

0

0

0

0

120

0

0

0

0

0

0

0

0

0

0

0

0

125

0

0

0.1

0

0

0

0

0

0

0

0

0

130

-0.1

-0.1

0.2

0

0

0

0

0

0

0

0

0

135

0

0

0.1

0

0

0

0

0

0

0

0

0

140

1.6

0.4-0.6

0.1-1.6

pink 4.0

0

0

0

0

0

0

0

0

145

0

0

0

0

0

0

0

0

150

0

0

0

0

0

0

0.1

0

155

0

0

0

0

0

0

0.2

0

160

0

0.1

0

0

0

0

0.1

0

165

0

0.1

0.1

0

0

0

0.1

0

170

0

0.1

0.3

0

0

0

0.1

0

175

0.1

0.1

0.3

0

0

0

0.2

0

180

0.2

0.1

0.3

0

0.1

0.1

0.2

0

185

0.2

0.1

0.4

0

0.2

0.1

0.2

0

190

0.4

0.3

0.8

1.5 0.3-0.7

0.1-0.8

0.7-1.7

0

0

0.2

195 200 190 180 170 160 150 140 130 120

0

110

0.6

0.3

100

1.1

0.7

90

0.1

0.2

0

0

0

0

1.5

4.0

80 70 60 50 40 30 20

RP #1 RP #2 RP #3

1.0

Concentration data from hydriodic acid using red phosphorus - Run #1 Concentration data from hydriodic acid using red phosphorus - Run #2 Concentration data from hydriodic acid using red phosphorus - Run #3

For logistical reasons, data could not be collected at each temperature for all instruments. Blank spaces indicate temperatures where no concentration data was collected. Where data indicates a range of values, only the high value was included in the graphed results. Drager data indicating "pink" was listed as an observation, and the value was not included in the graphed results. Data indicating a negative value was not included in the graphed results. Data from RP #1 was collected from a second heating of the reaction mixture.

VOLUME 13 NUMBER 2 — APRIL 2003

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Measured Phosphine Concentrations in parts per million Temperature degrees C

RP #4 T-80a

RP #4 T-80b

RP #4 ToxiRae

RP #4 Drager

Hypo T-80b

Hypo T-80a

Hypo ToxiRae

Hypo Drager

Reag T-80a

Reag T-80b

Reag ToxiRae

Reag Drager

100

0

0

0

0

0

0

0

0

0

0

0

0

105

0

0

0

0

0

0

0

0

0

0

0

0

110

0

0

0

0

0

0

0

0

0

0

0

0

115

0

0

0

0

0

0

0.3

0

0

0

0

0

120

0

0

0.1

0

0

0

0.5

0

0

0

0.1-0.3

0

125

0

0

0.2

0

0

0

0.3-0.4

0

0

0

0.5-0.8

0

130

0

0

0.2

0

0

-0.1

1.1

0

0

0

0.1

0

135

0

0

0.1

0

0 -0.2/-0.5

3.3

0

0

-0.1

0.3

0

140

0

0

0.1

0

0 -0.2/-0.3

1.7

0

0

-0.1

0.3-0.8

pink 0.5

145

0

0

0.3-0.4

0

0

-0.2

1.0

0

150

0

0

0.4

0

0

0

1.2

0

3.7

0

0

0

155

0

0

0.3

0

0.5

2.1

160

0.1

0.1

0.7

0

4.3

9.4

165

0.2

0.1

0.9

0.1

170

0.3

0.2

1.1

2.0

5.4

5.7

160

0

0

0.3

150

0

0

0.1

0 10.0

0.5

175 180 185 190 195 200 190 180 170 1.0

1.0

1.2

1.5

140

0.6

0.8

0.7

0.5

130

0.5

0.7

0.6

120

0.4

0.6

0.4

110

0.3

0.5

0.3

100

0

0

0

0

0.3

0.4

0.3

90

0.2

0.4

0.2

80

0.1

0.3

0.1

70

0.1

0.2

0.1

0

0

0

0.5

0

0

60 50 40 30 20

RP #4 Hypo Reag

Concentration data from hydriodic acid using red phosphorus - Run #4 Concentration data from hydriodic acid using hypophosphorus acid Concentration data from hydriodic acid using reagent grade

For logistical reasons, data could not be collected at each temperature for all instruments. Blank spaces indicate temperatures where no concentration data was collected. Where data indicates a range of values, only the high value was included in the graphed results. Drager data indicating "pink" was listed as an observation, and the value was not included in the graphed results. Data indicating a negative value was not included in the graphed results. Data from RP #1 was collected from a second heating of the reaction mixture.

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Reaction Mixture using Red Phosphorus - Trial #1 4.5 4

Phosphine concentration ppm

3.5 3 2.5 RP#1 T-80a RP#1 T-80b

2

RP#1 ToxiRae RP#1 Drager

1.5 1 0.5

20

40

60

80

10 0

12 0

14 0

16 0

18 0

20 0

19 0

18 0

17 0

16 0

15 0

14 0

13 0

12 0

11 0

10 0

0

Temperature degrees C

Reaction Mixture using Red Phosphorus - Trial #2 1.6 1.4

Phosphine concentration ppm

1.2 1 RP#2 T-80a

0.8

RP#2 T-80b RP#2 ToxiRae RP#2 Drager

0.6 0.4 0.2

20

40

60

80

10 0

12 0

14 0

16 0

18 0

20 0

19 0

18 0

17 0

16 0

15 0

14 0

13 0

12 0

11 0

10 0

0

Temperature degrees C

VOLUME 13 NUMBER 2 — APRIL 2003

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Reaction Mixture using Red Phosphorus - Trial #3 1.8 1.6

Phosphine concentration ppm

1.4 1.2 1

RP#3 T-80a RP#3 T-80b

0.8

RP#3 ToxiRae

0.6

RP#3 Drager

0.4 0.2

20

40

60

80

10 0

12 0

14 0

16 0

18 0

20 0

19 0

18 0

17 0

16 0

15 0

14 0

13 0

12 0

11 0

10 0

0

Temperature degrees C

Reaction Mixture using Red Phosphorus - Trial #4 2.5

Phosphine concentration ppm

2

1.5 RP#4 T-80a RP#4 T-80b RP#4 ToxiRae

1

RP#4 Drager

0.5

20

40

60

80

10 0

12 0

14 0

16 0

18 0

20 0

19 0

18 0

17 0

16 0

15 0

14 0

13 0

12 0

11 0

10 0

0

Temperature degrees C

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Reaction Mixture Using Hypophosphorus Acid 12

Phosphine concentration ppm

10

8 Hypo T-80a

6

Hypo T-80b Hypo ToxiRae Hypo Drager

4

2

20

40

60

80

0

0

0 10

12

14

0

0

0

0

0

0 16

18

20

19

18

0

0

17

16

15

0

0 14

0

0

13

12

11

10

0

0

Temperature degrees C

Reaction Mixture using Reagent grade 0.9 0.8

Phosphine concentration ppm

0.7 0.6 Reag T-80a

0.5

Reag T-80b

0.4

Reag ToxiRae Reag Drager

0.3 0.2 0.1

20

40

60

80

10 0

12 0

14 0

16 0

18 0

20 0

19 0

18 0

17 0

16 0

15 0

14 0

13 0

12 0

11 0

10 0

0

Temperature degrees C

VOLUME 13 NUMBER 2 — APRIL 2003

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CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 13 NUMBER 1 — JANUARY 2003

IN THIS ISSUE ... Thai Drug Hitting California Club Scene ....................................................... 2 Membership Reminder! ................................................................................. 2 Minister McLellan Announces Precursor Control Regulations (Canada) ................................................ 3 2C-T-7 Placed Under Emergency Control By DEA ..................................... 4 Benzylpiperazine (BZP) And Trifluoromethylphenylpiperazine (TFMPP) Placed Under Emergency Control By DEA ........................................... 7 Benzylpiperazine Found In Western Australia ............................................... 9 AMT And 5-Methoxy-N,N-diisopropyltryptamine Proposed For Emergency Control By DEA .......................................................... 10 Extraction Of Reaction By-products Of Common Cold Tablet Ingredients Via Hydriodic Acid Reduction ........................ 13 James L. Jacobs, Fracia S. Martinez, and Harry F. Skinner O, Dem Bones*: Systematic Analysis of Remnants from “Nazi” Methamphetamine Laboratories ............................................................ 17 Max Courtney and Thomas R. Ekis

Association Officers President: Peter Vallely Centre for Forensic Science PO Box 594 Archerfield Brisbane, QLD 4108 AUSTRALIA 61-73-274-9031 Vice-President: Anneke Poortman Forensic Science Laboratory Volmerlaan 17 Rijswijk 2288 GD The Netherlands 31-70-340-8131 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (316) 792-4353 Membership Secretary: Anne Coxon ESR Ltd. Hampstead Rd Private Bag 92-021 Auckland, NEW ZEALAND 64-9-815-3946 US fax: (760) 437-4423 Editorial Secretary: Rachel Cutler ID State Police Forensic Services PO Box 700 Meridian, ID 83680-0700 (208) 884-7171 Past-President: John Hugel Health and Welfare – Canada 2301 Midland Ave Scarborough, ON M1P 4R7 CANADA (416) 973-2146

 2003 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Executive Board Members: Terry A. Dal Cason DEA North Central Laboratory 536 S Clark St Rm 800 Chicago, IL 60605-1509 (312) 353-3640 Steve Johnson LAPD Crime Laboratory 555 Ramirez St Ste 270 Los Angeles, CA 90012-6302 (213) 847-0041

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

THAI DRUG HITTING CALIFORNIA CLUB SCENE LOUISE CHU Associated Press Writer Saturday, October 26, 2002; 4:36 AM SACRAMENTO, Calif. –– The newest drug to hit California’s underground club scene is sweet, colorful – and deadly. The drug, a form of methamphetamine called ya ba, a Thai name meaning “crazy drug,” has made its way into raves and is said to be significantly more powerful and dangerous than the current club drug of choice, Ecstasy. “The scary thing about these is that they are adding color to them and adding flavor, which could give the perception that these drugs are less dangerous than they really are,” says Will Glaspy, a spokesman for the U.S. Drug Enforcement Administration. The pills, which cost $10 to $20 apiece, are sometimes passed off as Ecstasy to unwitting users, Glaspy said. Packing a potent mix of highly addictive methamphetamine and caffeine, ya ba can keep users awake for days and has hallucinogenic effects, sometimes causing users to believe they have bugs crawling under their skin. The drug can be fatal, and common side effects include increased heart rate, dehydration, paranoia and depression. In August, federal agents in Sacramento made the largest bust of ya ba smugglers since the drug first appeared in the United States three years ago. The arrests of 10 people in Sacramento for allegedly smuggling 75,000 pills from Thailand and Laos came after U.S. Customs seized 46 shipments of ya ba in Oakland, San Francisco, Los Angeles and Honolulu, which were destined for Sacramento addresses. So far, ya ba has appeared mainly in Southeast Asian communities around California. Law enforcement’s efforts have been hampered because “we’re talking about a pretty closed community, so it’s pretty hard to get information,” said Daniel Lane, the lead U.S. Customs official in Sacramento. Officials fear the drug will spread from its niche into the mainstream, much as the painkiller Oxycontin did. The prescription drug, which also has shown up on the underground club scene, first gained a following in poor, rural areas, garnering the nickname “hillbilly heroin.” Methamphetamine abuse is not a new problem in the United States, where about 1 million people reported using meth in the last year in 2000. Drug Enforcement Agency chief Asa Hutchinson has called methamphetamines “the No. 1 drug problem in rural America.” In urban areas, he says, club drugs are the top problem. Ya ba, then, may be a terrifying combination. Ya ba has become a vague label for any type of methamphetamine in pill form, although it specifically refers to the brand produced in Southeast Asia. Meth more commonly comes in powder form, allowing users to snort it through their nostrils or inhale its fumes when heated.

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In Thailand, addiction to ya ba has reached nearly epidemic proportions, with the Thai Health Ministry estimating 3 million people are addicted to amphetamines. Ya ba was at first sold legally in Thailand, where truckers used the pills to stay awake. The government declared ya ba illegal in 1970, but the drug has since managed to enter all segments of Thai society, with reports of widespread drug use by manual laborers, college students and even five-year-old schoolchildren. The drug is now produced mainly in Burma by the United Wa State Army, a group of ethnic tribespeople allied with the country’s ruling junta and known to be one of the world’s largest and most well-armed drug-dealing organizations, law enforcement officials said. Ya ba already has spread outside Southeast Asia, and has reportedly shown up on the underground club scene throughout Europe and Australia. In the United States, ya ba has shown up only in California, which is already the nation’s main meth maker. Mexican criminal groups still dominate meth production, according to the DEA, although the Southeast Asian variety has been gaining ground. The arrests in Sacramento stemmed from four different investigations, three involving attempts to mail boxes of ya ba into the country and one involving an attempt to smuggle both opium and ya ba in a shipment of furniture. But smugglers have gotten much more creative than that, Lane said. He’s seen ya ba stuffed into CD cases, chopsticks and even dead insects. The 10 arrested, who are originally from Laos, are currently awaiting trial.

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MEMBERSHIP REMINDER! If you physically change jobs, are promoted, or leave the field, you must contact the Membership Secretary IMMEDIATELY! Failure to do so may result in the suspension or termination of your membership. Members 2 or more years delinquent in dues payments are subject to immediate suspension and termination. Anne Coxon, Membership Secretary ESR Ltd. Hampstead Rd Private Bag 92-021 Auckland, NEW ZEALAND US fax: (760) 437-4423

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

MINISTER MCLELLAN ANNOUNCES PRECURSOR CONTROL REGULATIONS

OTTAWA - The Honourable Anne McLellan, Minister of Health, today announced that the Government of Canada’s Precursor Control Regulations have been approved, and were published in the Canada Gazette Part II yesterday. A phased-in implementation plan of the regulations has been developed. The most urgent component - the licence and permit requirement for the import and export of Class A precursors, including the substances ephedrine and pseudoephedrine, as well as the licence for production - will come into force January 7, 2003. Full implementation will progress throughout 2003. “Today’s announcement demonstrates the Government of Canada’s commitment to reducing the supply of illicit drugs available on the street, and to meeting our international obligations under the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988,” said Minister McLellan. “These new regulations will provide better tools to reduce the availability of precursor chemicals that are frequently used in clandestine laboratories to manufacture illicit drugs” Precursor chemicals also have widespread use in a number of legitimate products such as pharmaceuticals, perfumes, household cleaners and paint thinners. The intent of the regulations is to monitor and control precursor chemicals, while at the same time avoiding undue restrictions on their legitimate trade. Precursor chemicals are listed in Tables I and II of the 1988 United Nations Convention. Table I chemicals, such as ephedrine and pseudoephedrine, are generally those that are essential for producing illicit substances. Table II includes chemicals such as acetone, hydrochloric acid and sulphuric acid, which are used to assist the manufacturing process. The Precursor Control Regulations, developed under the authority of the Controlled Drugs and Substances Act, provide controls on the import, export, production and distribution of these chemicals. The main components of the regulations include: ✔ For Class A precursors (Table I chemicals and three chemicals found in Table II), there will be a licence and permit requirement for import and export, as well as a licence requirement for production and distribution. ✔ For Class B precursors (the remaining Table II chemicals), there will be a registration requirement for import, export and production for sale, as well as a permit requirement for export to specific countries. ✔ For both Class A and B precursors, there will be general record keeping and reporting requirements. The regulations are a product of extensive consultation with stakeholders, such as law enforcement agencies, industry and professional associations.

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Other Government of Canada departments and agencies, including the Canada Customs and Revenue Agency, Foreign Affairs and International Trade Canada, Industry Canada, the Royal Canadian Mounted Police, Justice Canada and Solicitor General Canada, have also been closely involved in the development of the regulations. Proposed regulations were published in the Canada Gazette Part I in April 2002 for stakeholder consultation. All of the comments received have been reviewed and taken into consideration in the finalization of the regulations. http://www.hc-sc.gc.ca/english/media/releases/2002/2002_65.htm

WANT A FREE COPY OF THE JCLIC ARCHIVES CD-ROM? Your submission of information to the CLIC Journal may qualify you for a free copy of the new JCLIC Archives on CD-ROM. The CD, a US$125 value, will be presented to those reports and/or papers which the Editorial Secretary feels make a significant contribution to the field. For more information, contact Editorial Secretary Rachel Cutler at (208) 884-7171.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

2C-T-7 PLACED UNDER EMERGENCY CONTROL BY DEA DEPARTMENTOFJUSTICE Drug Enforcement Administration 21 CFR Part 1308 [DEA-225F] Schedules of Controlled Substances: Temporary Placement of 2,5-dimethoxy-4-(n)-propylthiophenethylamine Into Schedule I AGENCY: Drug Enforcement Administration (DEA), Department of Justice. ACTION: Final rule. SUMMARY: The Deputy Administrator of the Drug Enforcement Administration (DEA) is issuing this final rule to temporarily place 2,5-dimethoxy-4-(n)-propylthio-phenethylamine (2C-T-7) into Schedule I of the Controlled Substances Act (CSA) pursuant to the temporary scheduling provisions of the CSA. This final action is based on as finding by the Deputy Administrator of the DEA that the placement of 2C-T-7 in Schedule I of the CSA is necessary to avoid an imminent hazard to the public safety. As a result of this rule, the criminal sanctions and regulatory controls of Schedule I substances under the CSA will be applicable to the manufacture, distribution, and possession of 2C-T-7. EFFECTIVE DATE: September 20, 2002. FORFURTHERINFORMATIONCONTACT:FrankSapienza, Chief, Drug and Chemical Evaluation Section, Drug Enforcement Administration, Washington, DC 20537, (202) 307-7183.

SUPPLEMENTARY INFORMATION: Under What Authority Is 2C-T-7 Being Temporarily Scheduled? The Comprehensive Crime Control Act of 1984 (Pub. L. 98-473), which was signed into law on October 12, 1984, amended section 201 of the CSA (21 U.S.C. 811) to give the Attorney General the authority to temporarily place a substance into Schedule I of the CSA for one year without regard to the requirements of 21 U.S.C. 811(b) if he finds that such action is necessary to avoid an imminent hazard to the public safety. The Attorney General may extend the temporary scheduling up to 6 months. A substance may be temporarily scheduled under the emergency provisions of the CSA if that substance is not listed in any other schedule under section 202 of the CSA (21 U.S.C. 812) or if there is no exemption or approval in effect under 21 U.S.C. 355 for the substance. The Attorney General has delegated his authority under 21 U.S.C. 811 to the Administrator of DEA (28 CFR 0.100). The Administrator has redelegated this function to the Deputy Administrator, pursuant to 28 CFR 0.104.

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A notice of intent to temporarily place 2C-T-& into Schedule I of the CSA was published in the Federal Register on July 18, 2002 (67 FR 47343). The Deputy Administrator transmitted notice of his intention to temporarily place 2C-T-7 into Schedule I of the CSA to the Assistant Secretary for Health of the Department of Health and Human Services (DHHS). In response to this notification, the Food and Drug Administration has advised DEA that there are no exemptions or approvals in effect under 21 U.S.C. 355 of the Food, Drug and Cosmetic Act for 2C-T-7 and DHHS has no objection to DEA’s intention to temporarily place 2,5-dimethoxy-4-(n)propylthiophenethylamine into Schedule I of the CSA.

WHAT FACTORS WERE CONSIDERED IN THE DETERMINATION TO TEMPORARILY SCHEDULE 2,5-DIMETHOXY-4(N)-PROPYLTHIOPHENETHYLAMINE? As set forth under 21 U.S.C. 811(h), the Deputy Administrator has considered the available data and the following three factors under the CSA (21 U.S.C. 811(c)) that are required for a determination to temporarily schedule a substance: 4. Its history and current pattern of abuse; 5. Scope, duration and significance of abuse; and 6. What, if any, risk there is to the public health. Additionally, DEA has considered the three criteria for placing a substance into Schedule I of the CSA (21 U.S.C. 812). The data available and reviewed for 2C-T-7 indicate that it has a high potential for abuse, no currently accepted medical use in treatment in the United States and is not safe for use under medical supervision.

WHAT IS 2,5-DIMETHOXY-4-(N)-PROPYLTHIOPHENETHYLAMINE? 2,5-dimethoxy-4-(n)-propylth-phenethylamine (2C-T-7), a phenethylamine, is structurally related to the Schedule I phenethylamine 4-bromo-2,5-dimethoxyphenethylamine (2CB), and other hallucinogens (e.g., 2,5-dimethoxy-4-methylamphetamine (DOM), and 1-(4-bromo-2,5-dimethoxy-phenyl)-2aminopropane (DOB)) in Schedule I of the CSA. 2C-T-7 has those structural features of phenethylamines which are necessary for stimulant and/or hallucinogenic activity; 2C-T-7 is a sulfur analogue of 2CB. Based on these structural features, 2C-T-7 is likely to have a pharmacological profile similar to 2CB and other Schedule I hallucinogens. The similarity in the effects of 2C-T-7 and 2CB has been supported by Shulgin and Shulgin (Pihkal: A Chemical Love Story; pp. 569-570, 1991) and by “self-reports’’ on the Internet. Shulgin and Shulgin (1991) reported that at an oral dose of 20 mg or 30 mg, 2C-T-7 produced visual hallucinations. They concluded that in terms of being an acceptable hallucinogen, 2C-T-7 was comparable to 2CB and mescaline. Self-reports on the

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VOLUME 13 NUMBER 1 — JANUARY 2003

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Internet have described the hallucinations resulting from the selfadministration of 2C-T-7 as being very 2CB-like, consisting of persistent multiple images, overlaid patterns, and trails. The subjective effects of 2C-T-7 have also been described as being similar to those of 2CB; mood lifting, sense of well being, emotionality, volatility, increased appreciation of music, and psychedelic ideation. DEA is not aware of any approved therapeutic use of 2C-T-7 in the United States. The safety of this substance for use in humans has never been demonstrated.

WHY IS 2C-T-7 BEING CONTROLLED? The continued trafficking and abuse of 2C-T-7 poses an imminent hazard to public safety. The abuse of stimulant/ hallucinogenic substances in popular all night dance parties (raves) and in other venues has been a major problem in Europe since the 1990s. In the past several years, this activity has spread to the United States. The Schedule I controlled substance MDMA and its analogues, collectively known as Ecstasy, are the most popular drugs abused at these raves. Their abuse has been associated with both acute and long-term public health and safety problems. These raves have also become venues for the trafficking and abuse of “new non-controlled’’ substances in place of or in addition to “Ecstasy.’’ 2C-T-7 is one such substance. Illicit use of 2C-T-7 was first reported in Germany in 1997. 2C-T-7 was placed under the control of German law on January 20, 1998. In October of 1999, 2C-T-7 tablets were being sold in the Netherlands under the trade name “Blue Mystic’’. Illicit use of 2C-T-7 was reported in Sweden in January of 2000. Currently 2C-T-7 is controlled under the Swedish law pertaining to goods which are dangerous to the public. French Customs authorities reported seizing tablets in 2001 that contained 10 mg of 2C-T-7. Abuse of 2C-T-7 in the United States was first reported in 1997; an individual posted his experience associated with the oral ingestion of 20 mg of 2C-T-7 on the Lycaeum website on the Internet. In the year 2000, the abuse of 2C-T-7 by young adults began to spread in the United States as evidenced by widespread discussion on drug website forums and the sale of the substance from an Internet company. The information being discussed on these websites includes the route of administration, recommended doses, and narratives from individuals describing their experiences and effects after self-administering 2C-T-7. Self-reported experiences and other information posted on these websites indicate that 2C-T-7 is being abused orally (10-50 mg) or intranasally; the oral route is the most common route of abuse. The powder is being mixed in liquids or placed in gelatin capsules. Information posted on these websites indicates that 2C-T-7 is being taken alone or with other drugs, such as MDMA, ketamine, cannabis, N,N-diisopropyl-5-methoxytryptamine (“Foxy Methoxy’’) and N,N-dipropyltryptamine (DPT). Information gathered by DEA indicates that 2C-T-7 has been purchased in powder form over the Internet and distributed as such. In the United States, capsules containing 2C-T-7 powder

VOLUME 13 NUMBER 1 — JANUARY 2003

also have been encountered. In the Netherlands (“Blue Mystics’’) and in Canada (“Red Raspberry’’), the bulk powder is being processed into tablets. State and local law enforcement agencies reported 2C-T-7 exhibits seized in the states of Texas and Wisconsin. In Wisconsin, two unrelated exhibits were submitted to the Wisconsin State Crime Laboratory for analysis; the first exhibit consisted of two clear capsules containing 16 to 18 milligrams of white powder and two paper packets. One packet contained 450 milligrams of tan powder and the other paper packet contained 869 milligrams. The powder in these exhibits was identified as 2C-T-7. These two capsules were sold to an informant as “Twenty-Bird Mescaline.’’ The second exhibit analyzed by the Wisconsin State Crime Laboratory was shown to be a mixture of 2C-T-7 and N,N-dipropyltryptamine (DPT). 2C-T-7 has also appeared in illicit traffic in Tennessee, Washington, and Oklahoma, as evidenced by the 2C-T-7 related deaths in these states. To date, DEA has not identified a clandestine laboratory synthesizing 2C-T-7. 2C-T-7 shares those structural similarities with 2CB and other phenethylamines (i.e., DOB, and DOM) which makes it likely to produce similar public health risks. Sensory distortion and impaired judgment can lead to serious consequences for both the user and the general public. 2C-T-7 can have lethal effects when abused alone or in combination with other illicit drugs. To date, three deaths have been associated with the abuse of 2C-T-7. The first death occurred in Oklahoma during April of 2000; a young healthy male overdosed on 2C-T-7 following intranasal administration. The co-abuse of 2C-T-7 with MDMA will pose a significant health risk if 2C-T-7 popularity increases in the same venues as with MDMA. The co-abuse of 2C-T-7 with MDMA has resulted in lethal effects. The other two 2C-T-7 related deaths resulted from the co-abuse of 2C-T-7 with MDMA. They both occurred in April of 2001. One young man died in Tennessee while another man died in the state of Washington.

WHAT IS THE EFFECT OF THIS FINAL RULE? While the issuance of this final order, 2C-T-7 becomes subject to regulatory controls and administrative, civil and criminal sanctions applicable to the manufacture, distribution, dispensing, importing and exporting of a Schedule I controlled substance. 1. Registration. Any person who manufactures, distributes, dispenses, imports or exports 2C-T-7 or who engages in research or conducts instructional activities with respect to 2C-T-7 or who proposes to engage in such activities must submit an application for Schedule I registration in accordance with part 1301 of Title 21 of the Code of Federal Regulations (CFR) by October 21, 2002. 2. Security. 2C-T-7 is subject to Schedule I security requirements and must be manufactured, distributed and stored in accordance with § § 1301.71, 1301.72(a), (c), and (d), 1301.73, 1301.74, 1301.75(a) and (c) and 1301.76 of the Title 21 of the Code of Federal Regulations.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 3.

Labeling and Packaging. All labels and labeling for commercial containers of 2C-T-7 which are distributed on or after October 21, 2002. Shall comply with requirements of § § 1302.03 - 1302.07 of Title 21 of the Code of Federal Regulations. 4. Quotas. Quotas for 2C-T-7 are established pursuant to part 1303 of Title 21 of the Code of Federal Regulations. 5. Inventory. Every registrant required to keep records and who possesses any quantity of 2C-T-7 is required to keep inventory of all stocks of this substance on hand pursuant to § § 1304.03, 1304.04 and 1304.11 of Title 21 of the Code of Federal Regulations. Every registrant who desires registration in Schedule I for 2C-T-7 shall conduct an inventory of all stocks of 2C-T-7 on or before October 21, 2002. 6. Records. All registrants are required to keep records pursuant to § § 1304.03, 1304.4 and § § 1304.21 -1304.23 of Title 21 of the Code of Federal Regulations. 7. Reports. All registrants required to submit reports in accordance with §1304.31 through § 1304.33 of Title 21 of the Code of Regulations shall do so regarding 2C-T-7. 8. Order Forms. All registrants involved in the distribution of 2C-T-7 must comply with the order form requirements of part 1305 of Title 21 of the Code of Federal Regulations. 9. Importation and Exportation. All importation and exportation of 2C-T-7 shall be in compliance with part 1312 of Title 21 of the Code of Federal Regulations. 10. Criminal Liability. Any activity with 2C-T-7 not authorized by, or in violation of, the CSA or the Controlled Substances Import and Export Act occurring on or after September 20, 2002 is unlawful.

REGULATORY CERTIFICATION Regulatory Flexibility Act The Deputy Administrator hereby certifies that this rulemaking has been drafted in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation, and by approving it certifies that this regulation will not have a significant economic impact on a substantial number of small entities. This action temporarily places 2C-T-7 into Schedule I of the CSA. Executive Order 12988 This regulation meets the applicable standards set forth in Sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice Reform. Executive Order 13132 Federalism This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this rule will not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

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Unfunded Mandates Reform Act This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by § 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets.

LIST OF SUBJECTS IN 21 CFR PART 1308 Administrative practice and procedure, Drug traffic control, Narcotics, Prescription drugs, Reporting and recordkeeping requirements. Under the authority vested in the Attorney General by Section 201(h) of the CSA (21 U.S.C. 811(h)), and delegated to the Administrator of the DEA by 28 CFR 0.100, and redelegated to the Deputy Administrator pursuant to 28 CFR 0.104, the Deputy Administrator hereby amends 21 CFR Part 1308 as follows: PART1308—SCHEDULESOFCONTROLLEDSUBSTANCES 1. The authority citation for 21 CFR Part 1308 continues to read as follows: Authority: 21 U.S.C. 811, 812, 871b, unless otherwise noted. 2. Section 1308.11 is amended by adding paragraph (g)(5) to read as follows: § 1308.11 Schedule I. (g) * * * (5) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical isomers, salts and salts of isomers—7348. ***** Dated: September 6, 2002. John B. Brown, III, Deputy Administrator. [FR Doc. 02-23877 Filed 9-19-02; 8:45 am] BILLING CODE 4410-09-M NOTICE: This is an unofficial version. An official version of these publications may be obtained directly from the Government Printing Office (GPO).

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

BENZYLPIPERAZINE (BZP) AND TRIFLUOROMETHYLPHENYLPIPERAZINE (TFMPP) PLACED UNDER EMERGENCY CONTROL BY DEA

DEPARTMENTOFJUSTICE Drug Enforcement Administration 21 CFR Part 1308 [DEA-226F] Schedules of Controlled Substances: Temporary Placement of Benzylpiperazine and Trifluoromethylphenylpiperazine Into Schedule I AGENCY: Drug Enforcement Administration (DEA), Department of Justice. ACTION: Final rule. SUMMARY: The Deputy Administrator of the Drug Enforcement Administration (DEA) is issuing this final rule to temporarily place N-benzylpiperazine (BZP) and 1-(3-trifluoromethylphenyl) piperazine (TFMPP) into Schedule I of the Controlled Substances Act (CSA) pursuant to the temporary scheduling provisions of the CSA. This final action is based on a finding by the DEA Deputy Administrator that the placement of BZP and TFMPP into Schedule 1 of the CSA is necessary to avoid an imminent hazard to the public safety. As a result of this rule, the criminal sanctions and regulatory controls of Schedule I substances under the CSA will be applicable to the manufacture, distribution, and possession of BZP and TFMPP. Effective Date: September 20, 2002. FORFURTHERINFORMATIONCONTACT:FrankSapienza, Chief, Drug and Chemical Evaluation Section, Drug Enforcement Administration, Washington, DC 20537, (202) 307-7183.

SUPPLEMENTARY INFORMATION: Under What Authority Are BZP and TFMPPP Being Temporarily Scheduled? The Comprehensive Crime Control Act of 1984 (Pub. L. 98-473), which was signed into law on October 12, 1984, amended section 201 of the Controlled Substances Act (CSA)(21 U.S.C. 811) to give the Attorney General the authority to temporarily place a substance into Schedule I of the CSA for one year without regard to the requirements of 21 U.S.C. 811 (b) if he finds that such action is necessary to avoid an imminent hazard to the public safety. The Attorney General may extend the temporary scheduling up to 6 months. A substance may be temporarily scheduled under the emergency provisions of the CSA if that substance is not listed in any other schedule under section 202 of the CSA (21 U.S.C. 812) or if there is no exemption or approval in effect under 21 U.S.C. 355 for the substance. The Attorney General has delegated his authority

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under 21 U.S.C. 811 to the Administrator of DEA (28 CFR 0.100). The Administrator has redelgated this function to the Deputy Administrator, pursuant to 28 CFR 0.104. A notice of intent to temporarily place BZP and TFMPP into Schedule I of the CSA was published in the Federal Register on July 18, 2002 (67 FR 47341). The Deputy Administrator transmitted notice of his intention to temporarily place BZP and TFMPP into Schedule I of the CSA to the Assistant Secretary for Health of the Department of Health and Human Services (HHS). In response to this notification, the Food and Drug Administration has advised DEA that there are no exemptions or approvals in effect under 21 U.S.C. 355 of the Food, Drug and Cosmetic Act for BZP and TFMPP and HHS has no objection to DEA’s intention to temporarily place N. benzylpiperazine and 1-(3-trifluoromethylphenyl)piperazine into Schedule I of the CSA.

WHAT FACTORS WERE CONSIDERED IN THE DETERMINATION TO TEMPORARILY SCHEDULE N-BENZYLPIPERAZINE AND 1-(3-TRIFLUOROMETHYLPHENYL)PIPERAZINE? The Deputy Administrator has considered the available data and the following three factors required for a determination to temporarily schedule a substance under the CSA (21 U.S.C. 811 (c)): 4. Its history and current pattern of abuse; 5. Scope, duration and significance of abuse; and 6. What, if any, risk there is to the public health. Additionally, DEA has considered the three criteria for placing a substance into Schedule I of the CSA (21 USC 812). The data available and reviewed for BZP and TFMPP indicate that they have a high potential for abuse, no currently accepted medical use in treatment in the US and are not safe for use under medical supervision.

WHAT ARE BZP AND TFMPP? BZP and TFMPP are piperazine derivatives, BZP was first synthesized in 1944 as a potential antiparasitic agent. There are no therapeutic applications for BZP and TFMPP, BZP and TFMPP have no accepted medical use in treatment in the United States. The safety for use of these two substances has not been determined. They are available primarily as chemical intermediates in syntheses. These two substances are similar in chemical structure and are often found to be abused together in tablets or powder form.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION WHY ARE BZP AND TFMPP BEING CONTROLLED?

1.

Registration. Any person who manufactures, distributes, dispenses, imports or exports BZP and TFMPP or who engages in research or conducts instructional activities with respect to BZP and TFMPP or who proposes to engage in such activities must submit an application for Schedule I registration in accordance with part 1301 of Title 21 of the Code of Federal Regulations (CFR) by October 21, 2002. 2. Security. BZP and TFMPP are subject to Schedule I security requirements and must be manufactured, distributed and stored in accordance with §§ 1301.7, 1301.72(a), (c), and (d), 1301.73, 1301.74, 1301.75(a) and (c) and 1301.76 of Title 21 of the Code of Federal Regulations. 3. Labeling and Packaging. All labels and labeling for commercial containers of BZP and TFMPP which are distributed on or after October 21, 2002 shall comply with requirements of §§ 1302.02-1302.07 of Title 21 of the Code of Federal Regulations. 4. Quotas. Quotas for BZP and TFMPP are established pursuant to Part 1303 of Title 21 of the Code of Federal Regulations. 5. Inventory. Every registrant required to keep records and who possesses any quantity of BZP and TFMPP is required to keep an inventory of all stocks of the substances on hand pursuant to §§1304.03, 1304.04 and 1304.11 of Title 21 of the Code of Federal Regulations. Every registrant who desires registration in Schedule I for BZP and TFMPP shall conduct an inventory of all stocks of BZP and TFMPP on or before October 21, 2002. 6. Records. All registrants are required to keep records pursuant to §§1304.03, 1304.04 and §§ 1304.21-1304.23 of Title 21 of the Code of Federal Regulations. 7. Reports. All registrants required to submit reports in accordance with §1304.31 through §1304.33 of Title 21 of the Code of Federal Regulations shall do so regarding BZP and TFMPP. 8. Order Forms. All registrants involved in the distribution of BZP and TFMPP must comply with the order form requirements of part 1305 of Title 21 of the Code of Federal Regulations. 9. Importation and Exportation. All importation and exportation of BZP and TFMPP must be in compliance with part 1312 of Title 21 of the Code of Federal Regulations. 10. Criminal Liability. Any activity with BZP and TFMPP not authorized by, or in violation of, the Controlled Substances Act or the Controlled Substances Import and Export Act occurring on or after September 20, 2002 is unlawful.

Abuse of BZP was first reported in late 1996 in California. BZP and TFMPP are being encountered in several regions of the United States and their abuse has spread rapidly from the states where they were initially encountered. Over the past few years, in the United States, BZP and TFMPP have increasingly been found in similar venues as the popular club drug 3,4-methylenedioxymethamphetamine (MDMA, also known as Ecstasy). BZP and TFMPP are also sold as MDMA and are targeted to the youth population. The tablet form often bears imprints commonly seen on MDMA tablets such as a fly, crown, heart, butterfly, or bull’s head logos in pink, tan, white, or green. BZP and TFMPP have also been found in powder form or liquid form packaged in small convenience sizes sold on the Internet, Illicit distributions occur through smuggling of bulk powder through organizations with connections to overseas sources of supply. The bulk powder is then processed into capsule, tablet, or pill form and distributed through organized networks. These organizations also distribute other controlled substances such as MDMA, 2C-B, marijuana and anabolic steroids. The increasing abuse of BZP and TFMPP in the United States is evidenced by increasing encounters by law enforcement agencies. DEA, State and local law enforcement agencies reported BZP and TFMPP in drug exhibits seized in the states of California, Connecticut, Florida, Illinois, Indiana, Iowa, Louisiana, Minnesota, Nevada, New York, Oregon, Rhode Island, South Carolina, Texas, Virginia, Washington and Wisconsin. Over fifty (50) seizures have been reported and amounted to over 39,000 tablets and 1000 pounds of powder. BZP and TFMPP are being promoted as legal alternatives to MDMA. They are often sold as “Ecstasy’’, or as “BZP’’, “A\2\’’, “legal E’’ or “legal X’’. BZP and TFMPP, with their easy availability and their so-called legal status, are becoming drugs of abuse in the United States. As with amphetamine and MDMA, the effects of BZP are stimulant-like and those of TFMPP are hallucinogen-like. The risks to the public health associated with MDMA and amphetamine, both substances with high potential for abuse, are well known and documented. BZP acts as a stimulant similar in effect to MDMA or amphetamine, producing euphoria and inducing cardiovascular effects in humans, including increased heart rate, systolic blood pressure and pulse rate. TFMPP, at approximately 100 mg, produces hallucinogenic effects similar to those produced by MDMA. TFMPP is a serotonin releasing agent and binds to serotonin receptors in the brain. In 2001, a report from University Hospital in Zurich, Switzerland details the death of a young female which was attributed to the combined use of benzylpiperazine and MDMA.

WHAT IS THE EFFECT OF THIS FINAL RULE? With the issuance of this final order, BZP and TFMPP become subject to regulatory controls and administrative, civil and criminal sanctions applicable to the manufacture, distribution, dispensing, importing and exporting of a Schedule I controlled substance.

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REGULATORY CERTIFICATION Regulatory Flexibility Act The Deputy Administrator hereby certifies that this rulemaking has been drafted in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation, and by approving

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION it certifies that this regulation will not have a significant economic impact on a substantial number of small entities. This action temporarily places BZP and TFMPP into Schedule I of the Controlled Substance Act. Executive Order 12988 This regulation meets the applicable standards set forth in Sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice Reform. Executive Order 13132 Federalism This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this rule will not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Unfunded Mandates Reform Act This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by § 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets.

LIST OF SUBJECTS IN 21 CFR PART 1308 Administrative practice and procedure, Drug traffic control, Narcotics, Prescription drugs, Reporting and Record keeping requirements. Under the authority vested in the Attorney General by Section 201(h) of the CSA (21 U.S.C. 811 (h)), and delegated to the Administrator of the DEA by 28 CFR 0.100, and redelegated to the Deputy Administrator by 28 CFR 0.104, the Deputy Administrator

hereby orders that 21 CFR Part 1308 is amended as follows: PART1308—SCHEDULESOFCONTROLLEDSUBSTANCES 1. The authority citation for 21 CFR Part 1308 continues to read as follows: Authority: 21 U.S.C. 811, 812, 871b, unless otherwise noted. 2. Section 1308.11 is amended by adding paragraphs (g)(3) and (g)(4) to read as follows: § 1308.11 Schedule I. ***** (g) * * * (3) N-benzylpiperazine (some other names: BZP; 1-benzylpiperazine), its optical isomers, salts and salts of isomers— 7493 (4) 1-(3-trifluoromethylphenyl)piperazine (other name: TFMPP), its optical isomers, salts and salts of isomers—7494 ***** Dated: September 5, 2002. John B. Brown, III, Deputy Administrator. [FR Doc. 02-23878 Filed 9-19-02; 8:45 am] BILLING CODE 4410-09-M NOTICE: This is an unofficial version. An official version of these publications may be obtained directly from the Government Printing Office (GPO).

BENZYLPIPERAZINE FOUND IN WESTERN AUSTRALIA So far this year in Western Australia we have had 3 different seizures of benzylpiperazine (BZP) in Western Australia. The first was as a white powder with a BZP concentration of 73%. The second was a 1mL syringe containing a brown solution which contained both BZP and methylamphetamine. The final sample was traces of white powder located on the inside of a plastic bag. In addition to these seizures we have had a clandestine laboratory at which the offender admitted to producing BZP. The initial BZP siezure for WA was from the offenders wife. At this stage we have not completed the analysis of the items seized during the decommissioning of the laboratory, but information on the results will be posted following completion of this case. Keith Norman, Chemist & Research Officer Forensic Science Laboratory – Chemistry Centre Western Australia

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AMT AND 5-METHOXY-N,N-DIISOPROPYLTRYPTAMINE PROPOSED FOR EMERGENCY CONTROL BY DEA DEPARTMENTOFJUSTICE Drug Enforcement Administration 21 CFR Part 1308 [DEA–238N] Schedules of Controlled Substances: Temporary Placement of Alphamethyltryptamine and 5-methoxy-N,N-diisopropyltryptamine Into Schedule I AGENCY: Drug Enforcement Administration (DEA), Justice. ACTION: Notice of intent. SUMMARY: The Deputy Administrator of the Drug Enforcement Administration (DEA) is issuing this notice of intent to temporarily place alphamethyltryptamine (AMT) and 5-methoxyN,N-diisopropyltryptamine (5- MeO-DIPT) into Schedule I of the Controlled Substances Act (CSA) pursuant to the temporary scheduling provisions of the CSA. This intended action is based on a finding by the DEA Deputy Administrator that the placement of AMT and 5-MeO-DIPT into Schedule I of the CSA is necessary to avoid an imminent hazard to the public safety. Finalization of this action will impose the criminal sanctions and regulatory controls of a Schedule I substance on the manufacture, distribution, and possession of AMT and 5-MeO-DIPT. FORFURTHERINFORMATIONCONTACT: Frank Sapienza, Chief, Drug and Chemical Evaluation Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, Telephone (202) 307–7183. SUPPLEMENTARYINFORMATION: Background The Comprehensive Crime Control Act of 1984 (Pub. L. 98–473) amended section 201 of the CSA (21 U.S.C. 811) to give the Attorney General the authority to temporarily place a substance into Schedule I of the CSA for one year without regard to the requirements of 21 U.S.C. 811(b) if he finds that such action is necessary to avoid an imminent hazard to the public safety. The Attorney General may extend the temporary scheduling up to 6 months. A substance may be temporarily scheduled under the emergency provision of the CSA if that substance is not listed in any other schedule under section 202 of the CSA (21 U.S.C. 812) or if there is no exemption or approval in effect under 21 U.S.C. 355 for the substance. The Attorney General has delegated his authority under 21 U.S.C. 811 to the Deputy Administrator of DEA (28 CFR 0.100).

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Section 201(h)(4) of the CSA (21 U.S.C. 811(h)(4)) requires the Deputy Administrator to notify the Assistant Secretary for Health, delegate of the Secretary of Health and Human Services, of his intention to temporarily place a substance into Schedule I of the CSA. Comments submitted by the Assistant Secretary for Health in response to this notification, including whether there is an exemption or approval in effect for the substance in question under the Federal Food, Drug and Cosmetic Act, shall be taken into consideration before a final order is published. In making a finding that places a substance temporarily into Schedule I of the CSA is necessary to avoid an imminent hazard to the public safety, the Deputy Administrator is required to consider three of the eight factors set forth in section 201(c) of the CSA (21 U.S.C. 811(c)). These factors are as follows: (4) History and current pattern of abuse; (5) The scope, duration and significance of abuse; and (6) What, if any, risk there is to the public health. Alpha-methyltryptamine and 5-methoxy-N,N-diisopropyltryptamine Alpha-methyltryptamine (AMT) and 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT) are tryptamine (indoleethylamine) derivatives and share several similarities with the Schedule I tryptamine hallucinogens, alpha-ethyltryptamine (AET) and N,Ndimethyltryptamine (DMT), respectively. Several other tryptamines also produce hallucinogenic/stimulant effects and are controlled as Schedule I substances under the CSA (bufotenine, diethyltryptamine, psilocybin and psilocin). Although tryptamine itself appears to lack consistent hallucinogenic/stimulant effects, substitutions on the indole ring and the ethylamine side-chain of this molecule result in pharmacologically active substances (McKenna and Towers, J. Psychoactive Drugs, 16: 347–358, 1984). The chemical structures of AMT and 5-MeO-DIPT possess the critical features necessary for hallucinogenic/stimulant activity. Thus, both AMT and 5-MeODIPT are likely to have a pharmacological profile substantially similar to other Schedule I tryptamine derivatives such as DMT and AET. In drug discrimination studies, both AMT and 5-MeO-DIPT substitute for 1-(2,5-dimethoxy-4-methylphenyl)-aminopropane (DOM), a phenethylamine-based hallucinogen in Schedule I of the CSA. The potencies of DOM-like discriminative stimulus effects of these and several other similar tryptamine derivatives correlate well with their hallucinogenic potencies in humans (Glennon et al., Eur. J. Pharmacol. 86:453–459, 1983). AMT shares other pharmacological properties with Schedule I hallucinogens such as AET. AMT increases systolic and diastolic arterial blood pressures. The behavioral effects of orally administered AMT (20 mg) in humans are slow in onset, occurring after 3 to 4 hours and gradually subside after 12 to 24 hours, but may last up to 2 days in some subjects. The majority of the subjects

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION report nervous tension, irritability, restlessness, inability to sleep, blurry vision, mydriasis and equate the effects of a 20 mg dose to those of 50 micrograms of lysergic acid diethylamide (LSD) (Hollister et al., J. Nervous Ment. Dis., 131: 428–434, 1960; Murphree et al., Clin. Pharmacol. Ther., 2: 722–726, 1961). AMT also produces hallucinations and dextroamphetamine-like mood elevating effects. 5-MeO-DIPT also produces pharmacological effects similar to those of other Schedule I hallucinogens such as DMT. The synthesis and preliminary human psychopharmacology study on 5-MeO-DIPT was first published in 1981 (Shulgin and Carter, Comm. Psychopharmacol. 4: 363–369, 1981). 5-MeO-DIPT is an orally active hallucinogen. Following oral administration of 6-10 mg, 5-MeO-DIPT produces subjective effects with an onset at about 20–30 minutes, a peak at about 1–1.5 hours and a duration of about 3–6 hours. Subjects who have been administered 5-MeO-DIPT are talkative and disinhibited. 5-MeO-DIPT causes mydriasis. High doses of 5-MeODIPT produce nausea, jaw clenching, muscle tension and overt hallucinations with both auditory and visual distortions. History and Current Pattern of Abuse The popularity and use of hallucinogenic/stimulant substances at raves (all-night dance parties) and other social venues have been a major problem in Europe since the 1990s. In the past several years, this activity has spread to the United States. The Schedule I controlled substance 3,4-methylenedioxymethamphetamine (MDMA or Ecstasy) and its analogues are the most frequently abused drugs at these raves. Their abuse has been associated with both acute and longterm public health and safety problems. Raves have also become venues for the trafficking and abuse of new, noncontrolled substances distributed as legal substitutes for, or in addition to, MDMA. 5-MeO-DIPT and AMT belong to such a group of substances. Data gathered from published studies, supplemented by reports on Internet websites indicate that these are often administered orally at doses ranging from 15-40 mg for AMT and 6–20 mg for 5-MeO-DIPT. Other routes of administration include smoking and snorting. Data from lawenforcement officials indicate that 5-MeO-DIPT is often sold as “Foxy” or “Foxy Methoxy”, while AMT has been sold as “Spirals” at least in one case. Both substances have been commonly encountered in tablet and capsule forms. Scope, Duration and Significance of Abuse According to forensic laboratory data, the first encounter of AMT and 5–MeO–DIPT occurred in 1999. Since then, law enforcement officials in Arizona, California, Colorado, Delaware, Florida, Idaho, Illinois, Iowa, New Jersey, Oregon, Texas, Virginia, Washington, Wisconsin and the District or Columbia have encountered these substances. According to the Florida Department of Law Enforcement (FDLE), the abuse by teens and young adults of AMT and 5-MeO–DIPT is an emerging problem. There have been reports of abuse of AMT and 5–MeO–DIPT at clubs and raves in Arizona, California, Florida and New York. Many tryptamine-based

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substances are illicitly available from United States and foreign chemical companies and from individuals through the Internet. A gram of AMT or 5–MeO–DIPT as bulk powder costs less than $150 from illicit sources on the Internet. DEA is not aware of any legitimate medical or scientific use of AMT and 5–MeO–DIPT. There is recent evidence suggesting the attempted clandestine production of AMT and 5–MeO–DIPT in Nevada, Virginia and Washington, DC. Public Health Risks AMT and 5–MeO–DIPT share substantial chemical and pharmacological similarities with other Schedule I tryptaminebased hallucinogens in Schedule I of the CSA (AET and DMT). This makes it likely that these drugs cause similar health hazards. Tryptamine, the parent molecule of AMT and 5–MeO–DIPT, is known to produce convulsions and death in animals (Tedeschi et al., J. Pharmacol. Exp. Ther. 126:223–232, 1959). AMT and 5-MeO-DIPT, similar to other tryptaine- or phenethylamine based hallucinogens, through the alteration of sensory perception and judgment can pose serious health risks to the user and the general public. Further, there have been several self-reports on Internet websites describing the reported abuse of these substances in combination with other controlled drugs, namely MDMA, marijuana, gamma hydroxybutyric acid (GHB) and 2,5-dimethoxy-4-(n)propylthiophenethylamine (2C–T–7). This practice of drug abuse involving combinations poses additional health risks to the users and the general public. Available information indicates that AMT and 5–MeO–DIPT lack any approved therapeutic use in the United States. The safety of these substances for use in humans has not been studied. DEA has considered the three criteria for placing a substance into Schedule I of the CSA (21 U.S.C. 812). The data available and reviewed for AMT and 5–MeO–DIPT indicate that these substances each have a high potential for abuse, no currently accepted medical use in treatment in the United States and are not safe for use under medical supervision. Role of the Assistant Secretary for Health in Temporary Scheduling Section 201(h)(4) of the CSA (21 U.S.C. 811(h)(4)) requires the Deputy Administrator to notify the Assistant Secretary for Health, delegate of the Secretary of Health and Human Services, of his intention to temporarily place substances into Schedule I of the CSA. Comments submitted by the Assistant Secretary for Health in response to the notification regarding AMT and 5–MeO–DIPT, including whether there is an exemption or approval in effect for the substances in question under the Federal Food, Drug and Cosmetic Act, shall be taken into consideration before a final order is published. Based on the above data, the continued uncontrolled distribution and abuse of AMT and 5–MeO–DIPT pose an imminent risk to the public safety. DEA is not aware of any

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION recognized therapeutic uses of these substances in the United States. In accordance with the provisions of section 201(h) of the CSA (21 U.S.C. 811(h)) and 28 CFR 0.100, the Deputy Administrator has considered the available data and the three factors required for a determination to temporarily schedule AMT and 5–MeO–DIPT in Schedule I of the CSA and finds that placement of AMT and 5-MeO–DIPT into Schedule I of the CSA is necessary to avoid an imminent hazard to the public safety. Because the Deputy Administrator finds that it is necessary to temporarily place AMT and 5–MeO–DIPT into Schedule I to avoid an imminent hazard to the public safety, the final order, if issued, will be effective on the date of publication of the Federal Register. AMT and 5–MeO–DIPT will be subject to the regulatory controls and administrative, civil and criminal sanctions applicable to the manufacture, distribution, possession, importing and exporting of a Schedule I controlled substance under the CSA. Further, it is the intention of the Deputy Administrator to issue such a final order as soon as possible after the expiration of thirty days from the date of publication of this notice and the date that notification was transmitted to the Assistant Secretary for Health. Regulatory Certifications Regulatory Flexibility Act The Deputy Administrator hereby certifies that this rulemaking has been drafted in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation, and by approving it certifies that this regulation will not have a significant economic impact on a substantial number of small entities. This action provides a notice of intent to temporarily place AMT and 5-MeODIPT into Schedule I of the CSA. DEA is not aware of any legitimate uses of AMT and 5-MeO-DIPT in the United States.

Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign based companies in domestic and export markets. List of Subjects in 21 CFR Part 1308 Administrative practice and procedure, Drug traffic control, Narcotics, Prescription drugs, Reporting and record keeping requirements. Under the authority vested in the Attorney General by Section 201(h) of the CSA (21 U.S.C. 811(h), and delegated to the Deputy Administrator of the DEA by Department of Justice regulations (28 CFR 0.100), the Deputy Administrator hereby intends to order that 21 CFR part 1308 be amended as follows: PART1308—SCHEDULESOFCONTROLLEDSUBSTANCES 1. The authority citation for 21 CFR part 1308 continues to read as follows: Authority: 21 U.S.C. 811, 812, 871b, unless otherwise noted. 2. Section 1308.11 is to be amended by adding paragraph (g)(6) and (7) to read as follows: § 1308.11 Schedule I. ***** (g) * * * (6) Alpha-methyltryptamine (AMT), its isomers, salts and salts of isomers: 7432. (7) 5-methoxy-N,Ndiisopropyltryptamine (5-MeO-DIPT), its isomers, salts and salts of isomers: 7439.

Executive Order 12988 This regulation meets the applicable standards set forth in Sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice Reform. Executive Order 13132 Federalism This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this rule will not has sufficient federalism implications to warrant the preparation of a Federalism Assessment.

***** Dated: January 10, 2003. John B. Brown, III, Deputy Administrator. [FR Doc. 03–1800 Filed 1–27–03; 8:45 am] BILLING CODE 4410–09–M

Unfunded Mandates Reform Act This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under provisions of the Unfunded Mandates Reform Act of 1995.

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EXTRACTION OF REACTION BY-PRODUCTS OF COMMON COLD TABLET INGREDIENTS VIA HYDRIODIC ACID REDUCTION JAMES L. JACOBS, FRACIA S. MARTINEZ, AND HARRY F. SKINNER Drug Enforcement Administration Southwest Laboratory 410 W. 35th Street National City, CA 91950

INTRODUCTION Clandestine methamphetamine laboratories are prevalent in the United States. One of the main methods of synthesis is the reduction of ephedrine or pseudoephedrine with hydriodic acid. [1] Initially the reductions were carried out using commercial hydriodic acid and red phosphorus. Currently the hydriodic acid is commonly generated in the clandestine laboratories due to restrictions on hydriodic acid. The methods used to generate hydriodic acid are with iodine and red phosphorus or with other reactive phosphorus compounds such as hypophosphorous acid or phosphorous acid. Due to the increased restrictions on obtaining pure precursor ephedrine or pseudoephedrine, most clandestine laboratory operators are utilizing common cold tablet preparations. [2, 3] These cold tablet preparations contain ephedrine or pseudoephedrine and other ingredients such as cough suppressants, analgesics, expectorants and antihistamines. Common co-ingredients include: acetaminophen, brompheniramine, chlorpheniramine, dextromethorphan, diphenhydramine, doxylamine, guaifenesin, and triprolidine. It has been documented that when these compounds are present in the ephedrine/pseudoephedrine reduction mixtures, they will be carried through the reaction sequence unchanged or produce by-products that are identifiable by GC/MS. [4, 5] The identification of these compounds or their by-products in clandestinely produced methamphetamine can assist the analyst in determining which cold tablet preparation was used as the precursor source. However, the ratios of these by-products relative to methamphetamine are usually very low in the final product. In some cases the identification can be a significant challenge.

EXPERIMENTAL Gas Chromatography. These analyses were performed using a Hewlett-Packard 6890 Gas Chromatograph equipped with a flame ionization detector and electronic pneumatic control. A 10.0 m x 0.32 mm i.d. fused-silica capillary column coated with 0.52 µm HP-5 (Hewlett-Packard) was employed. Hydrogen was the carrier gas, with an average linear velocity of 40 cm/sec (constant flow). The injection port and detector were maintained at 280°C. The samples were extracted into hexane and 1 µL of each sample was injected in split mode (20:1). The oven temperature was programmed as follows: Initial temperature 120°C, hold for 1.0 minute, then ramp

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temperature at 25°C per minute to 280°C, hold for 1.0 minute (total run time = 10 minutes). Mass spectrum conditions are detailed in the previous paper. [1]

RESULTS AND DISCUSSION The intermediates and by-products in the synthesis of methamphetamine utilizing ephedrine/pseudoephedrine via HI/ red P are well documented. [1, 6-9] Iodomethamphetamine is formed as an intermediate during the reduction of ephedrine/ pseudoephedrine and is present along with ephedrine/ pseudoephedrine in incomplete reactions. Phenyl-2-propanone, 1,3-dimethyl-2-phenylnaphthalene and 1-benzyl-3-methylnaphthalene are formed as by-products, and can be found in various stages of the reaction. These compounds extract with methamphetamine. Similarly, the tablet co-ingredients may produce intermediates and by-products during HI reduction. [4] These compounds are also found at various stages during the reactions. The identification of these intermediates and by-products indicates the stage of the reaction as well as the source of the ephedrine/ pseudoephedrine precursor. Chlorpheniramine and brompheniramine are the only commonly seen co-ingredients not affected by the HI reaction, and are recovered unchanged. Acetaminophen, dextro-methorphan, and guaifenesin undergo ether cleavages and form phenolic products during the HI reduction process. Acetaminophen forms 4-aminophenol, dextromethorphan forms dextrophan, and guaifenesin is first cleaved to 2-hydroxyphenylglyceryl ether and then to 1,2-dihydroxy-benzene. In addition, the ether linkage in doxylamine is cleaved and reduced to form 2-(α-methylbenzyl)pyridine, diphenhydramine is completely reduced to the neutral product diphenylmethane, and triprolidine is reduced to 1-(4-methylphenyl)-1-(2-pyridyl)-3-pyrolidinopropane (hereafter referred to as “reduced triprolidine”). Some of these by-products will co-extract and co-crystallize in samples utilizing traditional clandestine methamphetamine extraction and crystallization procedures. The phenol by-products, 4-aminophenol, dextrophan, 2-hydroxyphenylglyceryl ether, and 1,2-dihydroxybenzene, form phenolic salts with sodium hydroxide and therefore do not extract from the highly basic extraction method (and would therefore not be expected in the final methamphetamine product). It is possible, however, to identify these products from neutral extractions of the

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100

4 808 chlorpheniramine

80

60

40

20

5 458 reduced triprolidine

0.414 dimethylsulfone

pA

1.083 methamphetamine

FID2 B, (HFS\13941716.D)

0 0

2

4

6

8

min

Figure 1. Gas chromatogram of a methamphetamine sample containing dimethylsulfone and “byproduct amines.” methamphetamine/HI reaction mixture or/from neutral extractions of the initial aqueous waste solution. Diphenylmethane extracts into ether or other organic solvents from either acidic or basic solutions; however, it would not be expected in final methamphetamine products, because it does not form a crystalline salt from traditional clandestine methamphetamine crystallization procedures. However, if the methamphetamine has occluded solvents, diphenylmethane can be identified in the final product in a similar manner as phenyl-2-propanone and the “naphthalene” compounds. It is also possible to identify this product in an ether extract of the methamphetamine/HI mixture. The amines, including 2-(α-methylbenzyl)pyridine and “reduced triprolidine,” as well as the unreacted ingredients such as triprolidine, chlorpheniramine, brompheniramine, and carbinoxamine, are usually carried through to the final methamphetamine product. These compounds (simply referred to as “by-product amines”) extract and crystallize in the samples along with the methamphetamine. In an incomplete reaction iodomethamphetamine (detected via aziridines) [1] along with unreacted ephedrine/pseudoephedrine would also extract. Figure 1 shows an overloaded GC chromatogram of a methamphetamine sample containing dimethylsulfone, chlorpheniramine, and “reduced triprolidine.” As can be seen from the chromatogram, the amount of chlorpheniramine and “reduced triprolidine” is very small relative to the methamphetamine. This is expected since the initial tablet precursors typically contain only a very small amount of chlorpheniramine and triprolidine relative to pseudoephedrine.

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Typical combinations are 60 mg pseudoephedrine HCl to 2.5 mg triprolidine HCl and 30 mg pseudoephedrine HCl to 2 mg chlorpheniramine maleate. Extractions of these tablets yield both pseudoephedrine and triprolidine, or pseudoephedrine and chlorpheniramine. When heated in hydriodic acid pseudoephedrine is reduced to methamphetamine, the triprolidine is reduced to the “reduced triprolidine,” and the chlorpheniramine does not react. Upon work-up, the methamphetamine and “amine by-products” co-extract and crystallize in the relative ratios present in the initial pseudoephedrine tablets. Finding both chlorpheniramine and “reduced triprolidine” in the same methamphetamine batch indicates that the two different kinds of precursor tablets were extracted to obtain the pseudoephedrine, since no commercially marketed tablets contain both ingredients. Since the relative amounts of these “by-product amines” are very small relative to methamphetamine, identification can be difficult. The neutrals can be simply extracted and identified using an ether extraction on the solid methamphetamine sample or an ether extraction from an acidic aqueous solution containing the methamphetamine sample. [1] However, these extractions do not assist in the separation or identification of the “by-product amines.” A very simple and easy procedure can be used to enhance the “by-product amines.” The methamphetamine HCl sample (50 to 100 mg) is dissolved in 2-3 mls of water and made pH 8/9 basic with sodium bicarbonate. The basic solution is then extracted with 2 mls of hexane. The majority of the methamphetamine remains in the aqueous solution and does not extract into the hexane. The

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4.807 chlorpheniramine

FID2 B, (HFS\13941723.D)

1.051 methamphetamine

pA

100

80

5.457 reduced triprolidine

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4.980 232-2

40

20

5.824 triprolidine

60

0 0

2

4

6

8

min

Figure 2. Gas chromatogram of the sodium bicarbonate basic aqueous hexane extract. GC chromatogram of the hexane extract of 50 mgs of the previous methamphetamine sample is shown in Figure 2. The neutrals and “by-product amines” are enhanced over the methamphetamine and the dimethylsulfone. If a sample contains mainly, dimethylsulfone, a small amount may co-extract. The extract can be analyzed by GC/MS or GC/IR to identify the P2P, naphthalenes, and “by-product amines”, as well as the much smaller amount of co-extracted methamphetamine. [1] If sodium hydroxide is used to basify the initial extract solution to pH 13/14, a much larger amount of methamphetamine will co-extract into the hexane. The extracted solution can be further enhanced by evaporating the solution to dryness on a hot plate, at 90º C, with a stream of air for about two minutes. The P2P, methamphetamine, and residual dimethylsulfone will evaporate, leaving only the naphthalenes and “by-product amines”. The GC chromatogram of the evaporated hexane extract is shown in Figure 3. The “by-product amines” can now be analyzed without any interference from methamphetamine, dimethylsulfone, or phenyl-2-propanone. Thus, the “by-product amines” can easily be identified even if present in only trace amounts in the original sample. The hexane extract of a methamphetamine sample that contains unreacted triprolidine is shown in Figure 4.

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CONCLUSION Use of cold tablet preparations as the source of pseudoephedrine has presented challenges in the identification of the trace amounts of the “by-product amines” in methamphetamine samples. By employing a basic aqueous hexane extract within optional evaporation step, the analyst can enhance the “by-product amines” over methamphetamine and easily identify these by-products. The identification of these by-products in clandestinely produced methamphetamine can assist the analyst in determining which cold tablet preparations were used as the precursor source and/or used to link possible exhibits as well as cases together.

REFERENCES 1. 2. 3. 4.

Skinner, H.F., “Methamphetamine Synthesis via Hydriodic Acid/Red Phosphorus Reduction of Ephedrine,” Forensic Science International, Vol. 48, 1990, p. 123. “The Chemical Diversion and Trafficking Act of 1988,” AntiDrug Abuse Amendments Act of 1988, Subtitle A. Drug Enforcement Administration, Statistical Reports, 1996. Oulton, S.R. and Skinner, H. F., “Reaction By-products of Common Cold Tablet Ingredients Via Hydriodic Acid / Red Phosphorus,” Journal Clandestine Laboratory Investigative Chemist Association, Vol. 9, No. 4, 1999, p. 21.

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4 806 chlorpheniramine

5 455 reduced triprolidine

FID2 B, (HFS\13941726.D) pA

100

80

5.822 triprolidine

60

4 980 232-2

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20

0 0

2

4

6

8

min

8

min

Figure 3. Gas chromatogram of the hexane extract evaporated with heat and air.

FID2 B, (HFS\13941722.D)

60

40

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5 724 triprolidine

80

5.454 reduced triprolidine

100

4.805 chlorpheniramine

1.056 methamphetamine

pA

0 0

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Figure 4. Gas chromatogram of sodium bicarbonate basic aqueous hexane extract of a methamphetamine sample containing unreacted triprolidine.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 5.

6.

7.

Melgoza, L., “Impurities in Methamphetamine Manufactured from over-the-counter Pseudoephedrine Tablet Preparations,” Journal Clandestine Laboratory Investigative Chemist Association, Vol. 9, No. 4, 1999, p. 21. Lekskulchai, V., Carter, K., Poklis, A. and Soine, W., “GCMS Analysis of Methamphetamine Impurities: Reactivity of (+)or (-)-Chloroephedrine and cis and trans-1,2-dimethyl-3phenylaziridine. Journal Analytical Toxicology, Vol. 24, 2000, p. 602. Lurie, I. S., Bailey, C. G., Anex, D.S., Bethea, M. J., McKibben, T. D., and Casale, J. F., "Profiling of Impurities in Illicit Methamphetamine by High-Performance Liquid

8. 9.

chromatography and Capillary Electrochromatography", Journal Chromatography, Vol. 870, 2000, p. 53. Noggle, F. T., Clark, C. R., DeRuiter, J., “Characterization of Methamphetamine and Synthetic By-products in Clandestine Samples: A case report." Microgram, Vol. 27, 1994, p. 253. Windahl, K. L., McTigue, M.J., Pearson, J. R., Pratt, S. J., Rowe, J. E., and Sear, E. M., “Investigation of the Impurities Found in Methamphetamine Synthesized from Pseudoephedrine by Reduction with Hydriodic Acid and Red Phosphorus,” Forensic Science International, Vol. 76, No. 2, 1995, p. 97.

O, DEM BONES*: SYSTEMATIC ANALYSIS OF REMNANTS FROM “NAZI” METHAMPHETAMINE LABORATORIES MAX COURTNEY AND THOMAS R. EKIS Forensic Consultant Services P. O. Box 11668 Fort Worth, TX 76110

*African-American Spiritual, based upon Ezekiel 37: “Behold, there were very many (bones) in the open valley; and lo, they were very dry. And he said unto me, son of man, can these bones live? Behold I will cause breath to enter into (the bones), and (they) shall live.” (KJV, Excerpted)

INTRODUCTION: With the first in 1989, forensic laboratories have reported increasing numbers of seizures of clandestine methamphetamine laboratories wherein the syntheses are carried out via a Birch/ Benkeser reduction reaction, the so-called “Nazi” synthesis. [1] In the vast majority of these seizures, the featured reaction is reduction of pseudoephedrine to methamphetamine by reaction with anhydrous ammonia and an active metal, usually lithium. Most clandestine lab reactions also form a by-product, 1-(1,4-cyclohexadienyl)-2-methylaminopropane, by partial reduction of the benzene ring. Upon completion of a “Nazi” synthesis, the methamphetamine base is extracted into a non-polar organic solvent, usually ethyl ether, toluene, or mineral spirits. The remnant, a solid material, is frequently referred to as the “bones” of the reaction. This material consists mostly of waste from the reaction and can include tableting material. Attempts at acid-base extractions are sometimes frustrated by the formation of formidable emulsions.

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During 2002, the authors responded to 37 clandestine lab sites inside the city of Fort Worth, Texas. Of those, 25 involved the “Nazi” synthesis. In several instances, the only items which contained methamphetamine were the “bones”. Obviously, the successful prosecution of violators in these cases for manufacturing methamphetamine depends upon detailed information about the evidence items, as seized in the field, and about their chemical analysis. While differences are found in the various jurisdictions, the prose of the indictment will reflect the intent of the violator to manufacture methamphetamine. For example, the indictment might read, “In Tarrant County, Texas, on or about the 10th day of January, 2003, John Doe, hereinafter styled the defendant, did intentionally and knowingly manufacture a controlled substance, namely methamphetamine, by independent chemical synthesis, against the peace and dignity of the State.” Such a specific indictment requires that specific information be presented in court to prove the indictment. This paper discusses a systematic approach for optimizing data obtained from analysis of “bones” exhibits. Techniques for identifying all reactants, extraction solvents, and products are described.

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Figure 3.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION chromatograph equipped with a 30-meter DB-1 capillary column (30m x 0.25mm x 0.25µm); spectral data were presented through a Hewlitt-Packard Enhanced ChemStation G1701AA Version A.03.00 program. 2. Vapor Cells Vapor-phase FTIR spectroscopy is a very useful technique in analysis of “Nazi” lab remnants, as well as many other clandestine laboratory evidence items. A simple cell may be constructed by cutting the end from a clear plastic film canister, drilling a hole in its side, and placing salt windows in either end. The drilled hole should accommodate a test tube; we have found that a screw-cap test tube works well for this purpose. The cell can be placed into the beam of the spectrophotometer. A prior background scan is obtained with an empty cell, and the vapor sample is then introduced into the cell and scanned.

Figure 2

EXPERIMENTAL 1. Instrumentation FTIR spectra were obtained on a Perkin-Elmer 1600 series spectrophotometer. Gas chromatograms were obtained on a Perkin-Elmer Sigma 2B gas chromatograph equipped with a 6’ packed glass column, 10% OV-101 on Gas Chrom Q, 100-120 mesh, with oven at 145°C isothermal. Mass spectral data were obtained on a Hewlett-Packard 5971A with Mass Selective Detector and Hewlett-Packard Model 5890 Series II gas

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3. Analysis A complete analysis of the reaction remnants, or “bones”, includes identification of methamphetamine and reaction by-products, ammonia, solvents, and the active metal employed. The following techniques have proven useful in the characterization of exhibits. a. Visual and microscopic analysis. The material is examined visually and microscopically for traces of unreacted metal fragments. If lithium metal is present, it will probably be somewhat oxidized; hence, it will appear dark gray. Also found in some exhibits are aluminum strips or other components from lithium batteries. Their size and composition may be compared to those from other batteries. b. Lithium analysis. If unreacted particles of lithium are found, they may be identified by reacting them with water, observing the vigorous reaction, igniting the evolving hydrogen, and testing the resulting liquid. The lithium metal will form lithium hydroxide, which will result in a pH of 14 for the solution. The liquid may be tested in the flame of a propane torch; if lithium is present, a strong, sustained crimson color will be imparted to the flame. Compare with a lithium standard. It is often possible to observe the crimson flame test response on the solid residue, itself. However, if lye has been added to the mixture, the very intense yellow from the sodium likely will overpower the response of the lithium. Other methods of elemental analysis may be employed if desired. c. Vapor-phase FTIR spectroscopy. A small sample is placed into a Pyrex test tube which is attached to a vapor cell. The sample is heated in the flame of a propane torch until vapors are observed rising from the sample. The vapors may be “walked” up the tube into the vapor cell by heating with the flame; then the spectrum is obtained. Figure 1 shows the FTIR vapor-phase spectra of (a) ammonia, (b) the “bones” volatiles, and (c) ethyl ether. If the methamphetamine extraction were done with mineral spirits, a different vapor spectrum, without the C-O stretch absorption at ca. 1140 cm-1, obviously would be obtained. If desired, the condensed beads of liquid inside the tube can be analyzed further by GC or GC-MS for more complete identification of the solvent.

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Figure 3

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION d. Separation of methamphetamine. An elution chromatography tube is plugged with glass wool and packed with ca. 10 grams of the solid material, which has been ground up as well as possible. The column is eluted with two 20-mL portions of chloroform. The combined eluate is filtered, and the chloroform evaporated. By difference weighings, the amount of chloroformsoluble material is determined; these data can be used in quantitative analysis. e. Gas chromatography. The eluate is examined by gas chromatography. Figure 2 shows the chromatogram of an exhibit containing methamphetamine, the diene by-product, and unreacted pseudoephedrine. f. GC-MS analysis. A sample of the eluate is analyzed by gas chromatography-mass spectrometry. Figure 3 shows the eluate’s total ion chromatogram and the mass spectrum of methamphetamine. Figures 4 and 5 show, respectively, the mass spectra of 1-(1,4-cyclohexadienyl)-2-methylaminopropane and pseudoephedrine.

DISCUSSION By the described methodology, the forensic chemist possibly can “breathe life into the bones”. It is possible to identify all of the reactants of the “Nazi” synthesis, the solvent used to extract the methamphetamine, and the product and by-products of the reaction. Given all of this information, the chemist has solid evidence associating the exhibit with a “Nazi” methamphetamine synthesis. In our experience, the ethyl ether and ammonia might be

detectable in some exhibits several weeks after the reaction occurred, depending upon a number of variables. The material in the “bones” tends to clump, and volatile components can thus be trapped inside the clumps. For this reason, attempts to estimate when the reaction occurred based upon the presence of ammonia or ether vapors, independent of other information, might be troublesome. Since the “bones” will almost invariably have an alkaline pH, methamphetamine will be present as the base. If the container housing the exhibit is not airtight, some of the volatile amine base will be lost over time. It is possible in many items to differentiate ephedrine from pseudoephedrine in the chloroform eluate by FTIR analysis. The chloroform is evaporated, and the residue is smeared onto a salt window. The spectrum is obtained. If methamphetamine interferes, it may be removed by drying the window with a hot air gun. Analysis of the chloroform eluate can be useful in attempting to estimate a product yield for a given exhibit. While the ratio of methamphetamine-to-diene-to-pseudoephedrine could be different in the extract than the residue, the ratio found in the eluate gives at least a first approximation of the completeness and the efficacy of the reaction under the conditions utilized in the case at hand.

REFERENCES: 1.

Dal Cason, Terry A., “Introduction. A Review of the Birch Reduction Method", monograph of the Clandestine Laboratory Investigating Chemists, 1998.

Figure 4

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Figure 5

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 13 NUMBER 3 — JULY 2003

IN THIS ISSUE ... Agents Seize ‘Huge’ PCP Lab .........................................................................2 Blast Reveals Meth Super Lab. Site Operating ‘24/7’ Is One Of Biggest Found In Madera County. .........................................................................2 Man Linked To Escondido Drug Ring Pleads Guilty To Conspiracy .............3 Police Call Off Raid On Movie Set’s ‘Meth’ Lab ...........................................3 Prospective Members For 2003 .......................................................................3 Governor Sonny Perdue Signs Methamphetamine Legislation. Tougher Laws Will Combat Growing Methamphetamine Production and Use ...................................................................................4 Lab Seizures ....................................................................................................5 State of Oregon vs Anthony John Slovik ........................................................7

Association Officers President: Peter Vallely Centre for Forensic Science PO Box 594 Archerfield Brisbane, QLD 4108 AUSTRALIA 61-73-274-9031 Vice-President: Anneke Poortman Forensic Science Laboratory Volmerlaan 17 Rijswijk 2288 GD The Netherlands 31-70-340-8131 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (620) 792-4353 Membership Secretary: Anne Coxon ESR Ltd. Hampstead Rd Private Bag 92-021 Auckland, NEW ZEALAND 64-9-815-3946 US fax: (760) 437-4423 Editorial Secretary: Rachel Cutler ID State Police Forensic Services PO Box 700 Meridian, ID 83680-0700 (208) 884-7171 Past-President: John Hugel Health and Welfare – Canada 2301 Midland Ave Scarborough, ON M1P 4R7 CANADA (416) 973-2146

2003 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Executive Board Members: Terry A. Dal Cason DEA North Central Laboratory 536 S Clark St Rm 800 Chicago, IL 60605-1509 (312) 353-3640 Steve Johnson LAPD Crime Laboratory 555 Ramirez St Ste 270 Los Angeles, CA 90012-6302 (213) 847-0041

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AGENTS SEIZE ‘HUGE’ PCP LAB

BLAST REVEALS METH SUPER LAB. SITE OPERATING ‘24/7’ IS ONE OF BIGGEST FOUND IN MADERA COUNTY.

ELAINE SILVESTRINI Tampa Tribune (FL), June 6, 2003 TAMPA – Federal authorities have uncovered what they describe as a “huge” PCP lab here capable of producing millions of doses of the illegal drug. The lab, in a rented house at 2626 E. 32nd Ave., is thought to be one of the largest ever discovered in Florida, and possibly among the biggest in the nation, according to Joe Kilmer, spokesman for the Drug Enforcement Administration’s Miami field division. “This is a huge find,” Kilmer said. PCP, or phencyclidine hydrochloride, was banned for human use in 1965 for its delusional effects, according to the Psychoactive Drugs Web site. Authorities are still investigating where the drug was sold and when. “This part of the case is in its infancy,” Kilmer said. Three men were arrested this week after they allegedly tried to buy piperidine, a PCP ingredient. The defendants were indicted Wednesday. That night, agents searched the 32nd Avenue house rented by John Cruz, 43, said Steve Cole, spokesman for the U.S. attorney’s office. DEA agents found 15 buckets of chemicals inside the house, as well as some white powder thought to be PCP, officials said. Thursday, Cruz and co-defendants Christopher Michael Zimmitt, 22, of Virginia, and Michael Burpee, 36, of Ocala and Virginia, pleaded not guilty before U.S. Magistrate Mary Scriven, who ordered the trio held without bail. Contacted later, Cruz’s attorney, Pedro L. Amador Jr. declined to comment, saying only “... we entered a plea of not guilty and we’ll have our day in court.” Kilmer said the quantity of piperidine seized was enough to produce 2 million doses of PCP. If the amount of piperidine had been equal to the other chemicals found during the search, the lab would have been capable of producing “many, many, many millions” of doses, he said. The lab was discovered after a confidential source tipped DEA Special Agent Christopher Cascio in April that Cruz and two others from Virginia were trying to find piperidine in Tampa, according to an affidavit prepared by Cascio. In May, Cascio heard from a Plantation detective who discovered the same thing from another informant, who put one of the men, Burpee, in touch with an undercover detective posing as a piperidine supplier. Monday, the detective sold three gallons of the chemical to Burpee outside the Steak and Ale Restaurant on West Shore Boulevard. All three defendants were arrested, according to the affidavit. Burpee later confessed and said Zimmitt and Cruz had come to the restaurant to “watch his back,” court papers state. If convicted, each defendant could face up to 20 years in federal prison.

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MARC BENJAMIN The Fresno Bee Friday, May 9, 2003 It was unique in both size and sophistication and might still be producing “crystal ice” methamphetamine today if a batch of the drug had not exploded during processing Wednesday. The site is the fourth large “super lab” seized in Madera County this year and the 17th seized by the Fresno Methamphetamine Task Force in 2003. “This lab is one of the biggest and most organized labs we’ve ever encountered in Madera County,” said Manuel Rocha, the commander of Madera County Narcotics Enforcement Team. “This particular meth lab site was a dedicated lab site, a live operation where meth makers were manufacturing the illicit drug 24/7.” Agents believe Madera County’s isolation and proximity to the Bay Area make meth manufacturing attractive. The lab was hidden in a metal workshop on Avenue 19 near Road 22, not far from Highway 99. Concealed by trees and shrubbery, 30 to 50 pounds could be cooked in a two-day cooking cycle. “This lab has been in operation for well over two years,” said Bob Pennal, commander of the Fresno Methamphetamine Task Force. “We have had numerous dump sites in that area that have had specific items that matched up with that lab.” Agents discovered 3 pounds of crystal methamphetamine inside a nearby mobile home and estimated a potential value of $150,000. “It’s one of the largest and most sophisticated-run operations we have had,” Pennal said Thursday. Investigation is focusing on a San Jose or East Palo Alto connection. At least three people are being sought. Fire that consumed the meth lab continued burning Thursday. Firefighters were unable to battle the blaze because of dangerous, potentially deadly, phosphorous emissions. “As soon as the wind shifts, we have to run for cover,” said Erica Stuart, the public information officer for Madera County Sheriff’s Department. Firefighters remained on standby to battle remnants of the blaze on Avenue 19, near Road 22, about six miles north of Madera. They were assisted by a quarter-inch of rain Thursday afternoon. No injuries have been reported, but that does not mean there were no victims in the 3 p.m. Wednesday explosion and fire. No suspects have been arrested. “The suspects usually always get burned, but rarely do we ever find them,” Pennal said. Investigators believe the group was acting as part of a larger cartel. The cartels are rooted in Mexico, Pennal said.

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State and local drug agents along with hazardous materials teams worked throughout the day Thursday sifting through debris before sealing it in airtight drums to be hauled away. Even worse, Stuart said, is what will be left behind to clean up. The cost to sanitize a lab site can be in the tens of thousands of dollars and remaining residue can be harmful, potentially deadly, to humans and animals. “This is such reckless behavior,” Stuart said. “It’s absolute disregard for the people who live in this county.” If the property owner, who lives outside the area, cannot pay, taxpayers must foot the bill. Pennal said landowners have to be alert when renting property. “These people often pay their rents far in advance, so property owners have to be leery of that,” he said.

MAN LINKED TO ESCONDIDO DRUG RING PLEADS GUILTY TO CONSPIRACY San Diego (AP, June 13, 2003) – A Texas chemical supplier who wrote instruction manuals for making the illegal drug Ecstasy pleaded guilty in federal court Friday to a conspiracy charge for shipping chemicals to a Southern California drug lab. Hobart Huson, 35, of Humble, Texas, reached a plea deal with prosecutors in which they will recommend a sentence of eight years, lead prosecutor Todd W. Robinson said. The charges carry a maximum sentence of up to 20 years. U.S. District Court Judge Thomas J. Whelan will decide sentencing in September. Huson remains free on bond. Huson was arrested in Texas on drug conspiracy charges in October 2001 after Drug Enforcement Administration agents raided a drug lab in Escondido as part of an operation called “Triple-X.” Prosecutors said the laboratory was one of the largest and most sophisticated Ecstasy labs ever identified. The conviction “demonstrates that Ecstasy has no legitimate place in our society,” U.S. Attorney Carol C. Lam said in a statement. “Those who actively promote its manufacture and use in any manner will be investigated and prosecuted.” Huson, who owned a supply company called Science Alliance, provided illegal labs with chemicals and glassware used to manufacture controlled substances, including Ecstasy, prosecutors said. The government alleged that Huson had dodged prosecution by claiming the non-regulated chemicals he sold were legal. Huson remains free on bond until the sentencing, although he faces possible prosecution in Arizona, where he was indicted in 2001 for selling chemicals for making illegal drugs. Robinson said those charges are still pending. Of the 18 people indicted in the 2001 raid, all but two have agreed to guilty pleas, Robinson said. Those two defendants will go on trial on July 8.

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POLICE CALL OFF RAID ON MOVIE SET’S ‘METH’ LAB San Diego (AP) — The abandoned house had the right equipment for an illegal drug lab. It was even in an ideal location, on a remote dirt road near the U.S.-Mexico border. Indeed, the house looked so much like a methamphetamine lab that San Diego police Tuesday called a narcotics task force to bust the place and a hazardous materials team to clean it up. But this was no drug lab. It was a movie set. Authorities were called to the scene by a building inspector who was checking the house for asbestos so the film crew could get a permit to burn the building as part of the movie. But San Diego Police spokesman Bill Robinson said the inspector had no idea the house was a movie set and neither did the first officers who responded to the call. As word spread of the meth lab, the traffic division, which was aware of the film project, alerted the rest of the department and called off the raid. The house was part of the set for “The Gatekeeper,” an independent film whose crew obtained all the right permits from the city and alerted the police department to their activities. “Not everybody got the word,” Robinson said. “The Gatekeeper” is about a Border Patrol agent who goes undercover to infiltrate an immigrant smuggling organization and is held captive and forced to work in a meth lab, according to Kathy McCurdy, director of the San Diego Film Commission. “It’s a compliment to the art department on the film, that it looked that authentic,” she said.

PROSPECTIVE MEMBERS FOR 2003 The following individuals have filed membership applications with the Membership Secretary. If you have any information regarding why any candidate listed should not be a member of CLIC, please contact Anne Coxon at [email protected] The following individual has applied for Associate Membership: Przybylski, John .............. VA Division of Forensic SciencesRichmond, VA The following individuals have applied for Regular Membership: Akutagawa, Berklee ........ CA DOJ Crime Lab-Ripon, CA Appel, Michael ................ CA DOJ Crime Lab-Fresno, CA Ashby, Linda ................... AZ DPS Crime Lab-Phoenix, AZ Bartolotta, Antoinette ...... VA Division of Forensic SciencesRichmond, VA

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Boyd, David ..................... DEA Southwest Lab-Vista, CA Camilleri, Michelle .......... DEA North Central Lab-New York, NY Carney, Leah ................... DEA Southwest Lab-Vista, CA Champagne, Andrea ........ NM DPS Crime Lab-Mesilla Park, NM Cillessen, Sabrina ............ AZ DPS Crime Lab-Phoenix, AZ Cravens, Michael ............. IL State Police-Springfield, IL Crowe, Carol ................... CBI-Lakewood, CO Erwin-Sipes, Hope ........... IL State Police-Springfield, IL Fasanello, Jack ................. DEA Northeast Lab-New York, NY Gaxiola, Rebecca ............. CA DOJ Crime Lab-Redding, CA Haag, Michael ................. Albuquerque Police Crime LabAlbuquerque, NM Hooks, Jason .................... Sacramento Co. Forensic LabSacramento, CA Jorgenson, Matthew ......... WSP Crime Laboratory-Spokane, WA Keogh, Julianna ............... UT State Crime Lab-Ogden, UT Kitlinski, Lisa .................. DEA Southwest Lab-Vista, CA Klein, Cheyanne .............. NM DPS Crime Lab-Mesilla Park, NM Koppenhaver, David ........ IN State Police Lab-Fort Wayne, IN Larson, Robyn ................. VA Division of Forensic SciencesRichmond, VA Lively, Grace ................... IL State Police-Carbondale, IL Margot, Pierre .................. Institut de Police Scientifique et de Criminologie-Lusanne, Switzerland Masten, Rebecca .............. VA Division of Forensic SciencesRichmond, VA Olson, Ragnar .................. DEA North Central Lab-Chicago, IL Paiva, Marcelo ................. IL State Police-Springfield, IL Person, Eric ..................... WSP Crime Laboratory-Marysville, WA Pfeiffer, Kathleen ............ DEA Northeast Lab-New York, NY Reavis, Joseph ................. NC State Bureau of InvestigationSkyland, NC Rienhardt, Scott ............... DEA Western Laboratory-San Francisco, CA Ristau, Daphne ................ GBI Division of Forensic SciencesDecatur, GA Rizo, Lynn ....................... IL State Police-Joliet, IL Robinson, JW .................. DEA Western Laboratory-San Francisco, CA Smith, Stacie .................... Fort Worth PD Forensic LaboratoryFort Worth, TX Spangler, Marla ............... IL State Police-Fairview Heights, IL Spatola, Josh .................... CA DOJ Crime Lab-Ripon, CA Stiefvater, Kristin ............ IL State Police-Springfield, IL Tatro, Caroline ................. MA State Police Crime Lab-Sudbury, MA Vadell, Noel ..................... DEA Northeast Lab-New York, NY Wilson, Robert ................. CA DOJ Crime Lab-Sacramento, CA

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Workman, Michael .......... MO State Highway Patrol Crime LabWillow Springs, MO Wu, Tina .......................... DEA Western Laboratory-San Francisco, CA Young, Eric ..................... NM DPS Crime Lab-Las Cruces, NM

GOVERNOR SONNY PERDUE SIGNS METHAMPHETAMINE LEGISLATION. TOUGHER LAWS WILL COMBAT GROWING METHAMPHETAMINE PRODUCTION AND USE Atlanta, GA (Thursday, May 15, 2003) – Governor Sonny Perdue today signed into law Senate Bill 205, methamphetamine legislation that strengthens criminal penalties for the manufacture, transfer and possession of methamphetamine and criminalizes the transport of materials used in its illegal manufacture: “Methamphetamine abuse has gone unchecked for too long in our state. Concerns about methamphetamine’s impact on our state led me to ask my Senate Floor Leaders to introduce this bill at my behest. As such, I am very proud to add my signature to this important public safety legislation today and join law enforcement professionals around Georgia in sending a clear message to those engaged in methamphetamine production, distribution and possession,” said Governor Perdue. “You are not welcome in Georgia. Compromising the well-being of Georgia families and children will not be tolerated,” added Governor Perdue. “I want to again extend thanks to the Georgia legislature for its bipartisan support, and the Georgia Bureau of Investigation for their expert assistance in developing and passing this important legislation.”

METHAMPHETAMINE POSES MAJOR PUBLIC SAFETY AND PUBLIC HEALTH THREAT TO GEORGIANS State data provided by the Georgia Bureau of Investigation (GBI) confirms that methamphetamine may be more addictive than heroin. Its harmful effects can include addiction, psychotic behavior, and brain damage. Chronic usage can cause violent behavior, anxiety, confusion, insomnia, auditory hallucinations, mood disturbances, delusions, and paranoia. The brain damage that results from methamphetamine usage is similar to Alzheimer’s disease, stroke, and epilepsy. Methamphetamine continues to gain popularity among older teenagers and adults thirty-five and younger. The alarming trends of methamphetamine production are further supported by numerous state and national statistics including: ✔ Each individual producing methamphetamine will teach 10 others to produce the drug. Proliferation of production

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has caused a 50% reduction in the street level price of methamphetamine within the past two years. ✔ The growth of methamphetamine production is so widespread that 25% of drug-related federal sentences in Georgia were methamphetamine-related, compared to 15% nationwide. ✔ The GBI and its supervised Drug Task Force seized 148 clandestine labs in 2002 and is on track to reach higher numbers during the current fiscal year.

SUMMARY INFORMATION REGARDING METHAMPHETAMINE LEGISLATION Georgia’s new methamphetamine legislation ranks among the strongest in the nation. The law will: ✔ Make it a felony offense to steal anhydrous ammonia (a substance commonly used in the production of methamphetamine); ✔ Create the felony offense of possessing anhydrous ammonia with knowledge that it will be used unlawfully

to manufacture a controlled substance; ✔ Prohibit the possession and transport of anhydrous ammonia in an unapproved container; ✔ Make it a felony offense to possess any product that contains ephedrine, pseudoephedrine or phenylpropanolamine in an amount that exceeds 300 pills, tablets, capsules or other individual units or more than 9 grams of these substances, whichever is smaller; ✔ Create the felony offense of possessing any amount of ephedrine, pseudoephedrine or phenylpropanolamine with the intent of producing methamphetamine; ✔ Create a felony offense to possess, manufacture, deliver, distribute, dispense, administer, purchase, sell or possess with intent to distribute any substance containing any amounts of ephedrine, pseudoephedrine or phenylpropanolamine which have been altered from their original form to a powdered, liquefied or crushed form; and; ✔ Provide stiffer penalties for trafficking methamphetamine.

LAB SEIZURES HAND-BLOWN AMPOULE CREATES BIG HAZARD

Rachel Cutler ISP Forensic Services Laboratory – Meridian, ID

The Idaho State Police Forensic Services Laboratory in Meridian, Idaho, received an interesting submission as part of a clandestine lab case. A sealed, hand–blown glass ampoule, measuring approximately 6 x 8 cm containing a clear, colorless liquid was submitted. According to the investigating officer, the ampoule was found in the suspect’s freezer. Since all the chemical elements to prove methamphetamine synthesis had already been identified, the ISP chemist analyzing this case opted to not open this ampoule. However, the Prosecuting Attorney and officer demanded the item be tested. The item was taken to a fume hood, and when the top was snapped off, white smoke began to evolve. The chemist passed a damp pH paper through the smoke but no pH reading was registered. When the paper was dipped and quickly removed from the liquid, it smoked heavily and nearly ignited. The paper initially turned brown but read acidic after a few minutes. When the investigating officer was questioned about the sample, it was discovered the suspect also had several materials for making explosives present at the scene (it sure would have been nice to know this PRIOR to the receipt of this item)! The local Hazardous Materials Team was called to assist with the disposal of the ampoule. After several hours, they determined the liquid was most likely white fuming nitric acid. Wearing Level B personal protective equipment, the liquid was added drop wise to ten 1–gallon buckets of water, neutralized with sodium bicarbonate, and solidified with cat litter.

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TRYPTAMINE ANALOG LABORATORY SEIZED IN LAS VEGAS In September 2002, the DEA Southwest Laboratory with the help of the Las Vegas Metropolitan Crime Laboratory assisted Las Vegas–DEA in the investigation and ultimate seizure of a chemical company. The Las Vegas–based company, Western Biosynthesis, sold chemicals over the Internet. The majority of the chemicals were precursors and intermediates for numerous controlled tryptamine and phenethylamine analogs. At the time of the seizure, a fully–operational laboratory was discovered where 4–chloro–2,5–dimethoxyphenethylamine (2–CC) was being manufactured. This drug is the analog of 4–bromo–2,5– dimethoxyphenethylamine (2CB), a Schedule I controlled substance. The analyses of exhibits seized during the investigation indicated other analogs were being manufactured. The analogs included 5–methoxydiisopropyltryptamine (5–MeoDIPT) also known as Foxy, as well as the drugs 5–MeoDMT, DPT, DIPT, AMT and 2CT–2. Since the raid, 5–methoxydiisopropyltryptamine has since been placed as a Schedule I controlled substance. The defendant has subsequently pled guilty to manufacturing. Harry Skinner DEA Southwest Laboratory – Vista, CA

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L–METHAMPHETAMINE AND

NON–RACEMIC MIXTURES D– AND L–METHAMPHETAMINE IDENTIFIED IN ‘ICE’ METHAMPHETAMINE SAMPLES

OF

The DEA Western Laboratory (San Francisco, CA) recently received a 3.3 gram sample of clear crystalline material purchased in an undercover capacity as “ICE” methamphetamine. “ICE” methamphetamine has, in the past, been high-purity d-methamphetamine hydrochloride and is ingested by smoking. This particular sample, however, was identified as l-methamphetamine hydrochloride with a purity of 99% by weight. No synthetic route information was developed during the analyses [Figure 1]. The laboratory later received a 2670 gram submission obtained from the same defendant, packaged in six ziplock plastic bags that were further sealed in vacuum-heat sealed plastic bags. The crystalline material was clear, and the individual crystals were large [Photo 1]. Each bag was screened using the Marquis color test and by gas chromatography with flame ionization detection (GC–FID) of the N–trifluoroacetyl–L–prolyl chloride (l–TPC) derivative to determine the isomeric form. Four of the bags were found to contain mixtures of d-methamphetamine hydrochloride and l–methamphetamine hydrochloride, with a higher concentration of the d–isomer [Figure 2]. The other two bags were found to have a similar

mixture, except that the concentration of the l–isomer was greater [Figure 3]. The quantitative analysis of the composite sample from all 6 bags determined the purity to be 96% by weight. Roger A. Ely, DEA Western Laboratory – San Fransico, CA

Photo 1. One of the crystals removed from a plastic bag containing suspected “ICE” methamphetamine

l–meth TPC

350 300 250 200

3.791 - l-methamphetamine

FID2 B, (C:\HPCHEM\1\JUNE_D~1\_RE_T20\SCRN0000.D) pA

150 100 50 0

1

2

3

4

5

Figure 1. GC–FID trace of the l–TPC derivative of the first sample of suspect “ICE” methamphetamine

min

l–meth TPC

350 300 250 200 150 100

3.789 - l-methamphetamine 3.846 - d-methamphetamine

FID2 B, (_RE_T16\TPC00001.D) pA

d–meth TPC

50 0

1

2

3

4

5

min

Figure 2. GC–FID trace of suspected “ICE” methamphetamine. Two bags had isomeric profiles similar to this chromatogram.

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350

l–meth TPC

300 250 200 150 100

3.783 - l-methamphetamine 3.848 - d-methamphetamine

FID2 B, (_RE_T16\TPC00005.D) pA

d–meth TPC

50 0

Figure 3

1

2

3

4

5

min

GC–FID trace of suspected “ICE” methamphetamine. Four bags had isomeric profiles similar to this chromatogram.

STATE OF OREGON VS ANTHONY JOHN SLOVIK FILED: June 12, 2003

KISTLER, P. J.

IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Respondent, v. ANTHONY JOHN SLOVIK, Appellant. 00CR0023; A111274 Appeal from Circuit Court, Josephine County. William Mackay, Judge. Argued and submitted May 13, 2002, at Crescent Valley High School, Corvallis. Robin A. Jones, Senior Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public Defender. Jennifer S. Lloyd, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General. Before Kistler, Presiding Judge, and Linder and Brewer, Judges. KISTLER, P. J. Sentences on counts 1, 3, and 5 vacated and remanded for resentencing; counts 2, 4, 6, and 15 remanded for resentencing; otherwise affirmed.

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Defendant appeals from a judgment of conviction for manufacturing, delivering, and possessing methamphetamine. He argues, among other things, that the trial court erred in imposing enhanced sentences on those offenses because each offense involved 10 grams or more of “a mixture or substance containing a detectable amount of methamphetamine.” See ORS 475.996(1)(a)(C); ORS 475.996(2)(b)(C). [1] We reverse and remand for resentencing. While performing a valid search on June 30, 1999, police officers found items associated with manufacturing methamphetamine. Among other things, they found a gallon jar with liquid in it, two plastic soda pop bottles with residue, a large brown jar, and numerous pseudoephedrine bottles. [2] One of the jars contained a two-layer liquid, the top layer of which was toluene–a solvent that is evaporated in the methamphetamine manufacturing process. Although laboratory tests revealed that the toluene contained methamphetamine, the tests did not determine the weight of the pure methamphetamine contained in the solvent. Rather, they determined that the solvent and methamphetamine together weighed 7.75 grams. A second jar contained a three-layer liquid. One layer contained chemicals that had been extracted out of the solvent, tested positive for methamphetamine, and weighed 5.8 grams. The second layer, a solution of oil, water, and a brown substance, also tested positive for methamphetamine and weighed 37.4 grams. The third layer, a crystalline substance, contained no trace of any controlled substance. The liquids that tested positive for methamphetamine were in the manufacturing process; that is, the liquids required additional processing to create usable methamphetamine. Until that occurred, the liquids were poisonous to ingest.

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The state charged defendant with, among other things, manufacturing, delivering, and possessing methamphetamine. The indictment alleged that each of those three charges– manufacture, delivery, and possession–involved 10 or more grams of “a mixture or substance containing a detectable amount of methamphetamine”–an allegation that made defendant eligible for an enhanced sentence under ORS 475.996(1)(a)(C) and ORS 475.996(2)(b)(C). At the close of the state’s case, defendant moved for a judgment of acquittal because the state failed to prove that the liquid containing methamphetamine was in a usable or saleable form. [3] He reasoned that, when the legislature provided for enhanced sentences for drug crimes involving 10 or more grams of a “mixture or substance containing a detectable amount of methamphetamine,” it did so only for those mixtures or substances that were ready for sale and use. It did not intend, defendant asserts, to enhance a person’s sentence for possessing 10 or more grams of a mixture or substance that was not in marketable form. The trial court denied defendant’s motion, and he was convicted of manufacturing, delivering, and possessing methamphetamine. The court imposed an enhanced sentence on each of those convictions. The issue that defendant raises on appeal is narrow. Defendant does not dispute that a reasonable juror could find that the liquid the officers discovered in the two jars weighed more than 10 grams and contained an unquantified amount of methamphetamine. [4] Conversely, the state does not argue that the methamphetamine that the officers found was in a usable or saleable form; that is, the state does not dispute that the manufacturing process was still ongoing when the officers found the liquid containing the methamphetamine. The question accordingly reduces to a legal issue: Did the legislature intend to enhance a defendant’s sentence for manufacturing, delivering, or possessing “a mixture or substance containing a detectable amount of methamphetamine” when the methamphetamine is not in marketable form? Defendant contends that the statutory phrase “a mixture or substance” is limited to mixtures or substances that are market ready and in a useable form. He bases his argument in large part on Chapman v. United States, 500 US 453, 460, 111 S Ct 1919, 114 L Ed 2d 524 (1991), a case interpreting the federal sentencing guidelines on which Oregon’s statute was modeled. Noting that the Chapman Court explained that the federal government had “adopted a ‘market-oriented’ approach to punishing drug trafficking, under which the total quantity of what is distributed * * * is used to determine the length of the sentence,” id. at 461, defendant reasons that, when the Oregon legislature enacted ORS 475.996, it understood that the phrase “a mixture or substance” referred only to marketable mixtures or substances– typically mixtures or substances that result from diluting a pure drug with a cutting agent before offering it for sale. [5] The state responds that the text of the statute refers broadly to mixtures or substances containing a detectable amount of methamphetamine; nothing in the text of the statute limits its reach to those mixtures or substances that are marketable.

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The parties’ dispute turns on an issue of statutory interpretation, and we begin with the text and context of the relevant statutes. PGE v. Bureau of Labor and Industries, 317 OR 606, 610, 859 P2d 1143 (1993). ORS 475.996(1)(a) provides for an enhanced sentence if a conviction for manufacturing or delivery involves a specific amount of “a mixture or substance containing a detectable amount of” one of eight controlled substances. When defendant committed his crime, the relevant subparagraph provided for an enhanced sentence for a manufacturing or delivery offense that involved “[t]en grams or more of a mixture or substance containing a detectable amount of methamphetamine.” ORS 475.996(1)(a)(C). ORS 475.996(2) (b)(C) similarly enhances a defendant’s sentence for possessing “[t]en grams or more of a mixture or substance containing a detectable amount of methamphetamine.” [6] The texts of those subparagraphs do not expressly limit the type of mixture or substance that will warrant an enhanced sentence; that is, they do not specifically limit the phrase “a mixture or substance” to marketable mixtures or substances. Although the text, viewed in isolation, supports the state’s position, the court has explained that a statute’s context may reveal a different focus from its text, State v. Stoneman, 323 OR 536, 546, 920 P2d 535 (1996), and we turn to that inquiry. Under ORS 475.996, “a mixture or substance” is something that a person either delivers, manufactures, or possesses. Those verbs shed light on the meaning of what is effectively their direct object, and we examine each verb separately. “Deliver” means “the actual, constructive or attempted transfer * * * from one person to another of a controlled substance.” ORS 475.005(8). Delivery connotes the transfer of “a mixture or substance” that is ready for distribution or sale. Typically, a person does not deliver controlled substances until the manufacturing process has been completed and the completed product is capable of being ingested. Put another way, the legislature’s use of the verb “deliver” implicitly qualifies the type of mixture or substance to which the statute refers–those mixtures or substances that are marketable. The same is true for possession. Typically, a person possesses controlled substances that are ready for use; that is, the crime of possession ordinarily refers to the possession of a completed product that is capable of ingestion. In the same way that the verb “deliver” implicitly qualifies the phrase “mixture or substance,” so does the verb “possess.” [7] The third verb “manufacture” points in a different direction. Manufacture means “the production, preparation, propagation, compounding, conversion or processing of a controlled substance * * * by means of chemical synthesis, or by a combination of extraction and chemical synthesis[.]” ORS 475.005(14). As we explained in State v. Brown, 109 OR App 636, 645, 820 P2d 878 (1991), rev den, 313 OR 210 (1992), the prohibition against manufacturing controlled substances “prohibit[s] not simply possession of the controlled substance created by the prohibited means, but [also] those acts that ultimately will result in the creation of a controlled substance.” Used with that verb, the phrase “mixture or substance” would appear to refer not only to

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those mixtures or substances that are ready for distribution and use but also to those mixtures or substances that are still in the midst of the manufacturing process. [8] Defendant also relies on the Court’s opinion in Chapman as context. As defendant notes, ORS 475.996 was modeled on the federal sentencing statute, which the Court interpreted in Chapman. See State v. Stockfleth/Lassen, 311 OR 40, 50, 804 P2d 471 (1991) (explaining that “when Oregon adopts the statute of another jurisdiction, the legislature is presumed also to adopt prior constructions of the statute by the highest court of that jurisdiction” ). [9] As defendant also notes, the Court explained in Chapman that, in enacting the federal sentencing guidelines, Congress “adopted a ‘market-oriented’ approach” in which the length of a person’s sentence is based on the “total quantity of what is distributed.” 500 US at 461. Similarly, when addressing the defendant’s due process challenge, the Court stated that the federal statute “measur[es] the quantity of the drugs according to the ‘street weight’ of the drugs in the diluted form in which they are sold[.]” Id. at 465. Defendant reasons that the discussion of the federal statute in Chapman reveals that only marketable mixtures or substances–those mixtures that are in a form ready to be sold–would be used to determine whether a defendant’s sentence should be enhanced and that the Oregon legislature is presumed to have adopted that understanding when it modeled our statute on the federal law. See Stockfleth/Lassen, 311 OR at 50. We agree with defendant that the Court’s discussion of the federal statute in Chapman supports his position. We also note that a majority of the federal courts have read Chapman to mean that the phrase “a mixture or substance” is limited to marketable mixtures or substances. [10] Despite that understanding of Chapman and the presumption recognized in Stockfleth/Lassen, we are hesitant to give Chapman’s statements dispositive weight because the question presented in Chapman differs from the question presented here. The question in Chapman was whether the blotter paper on which LSD was distributed was a “mixture or substance,” the weight of which should be included in determining whether the defendant possessed a substantial quantity of that drug. [11] There was no dispute in Chapman that, if the blotter paper were a mixture or substance, it was marketable. By contrast, in this case, there is no dispute that a reasonable juror could find that the liquid in the two jars was “a mixture or substance.” Rather, the question here is whether the legislature intended that the phrase “mixture or substance” would refer to any mixture or substance or only those mixtures or substances that are marketable. Because that question was not squarely at issue in Chapman, we hesitate to say, in reliance on Chapman alone, that Oregon intended to limit the phrase “mixture or substance” to marketable mixtures or substances. We agree, however, with defendant that the text, considered in context, is ambiguous and turn to the legislative history. See PGE, 317 OR at 611-12. ORS 475.996 was a “legislative fix” for a problem that we recognized in State v. Moeller, 105 OR App 434, 806 P2d 130,

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rev dismissed, 312 OR 76 (1991). The defendant in Moeller had challenged a sentencing guidelines rule that provided for enhanced sentences for drug offenses that “‘occurred as part of a drug cultivation, manufacture or delivery scheme or network.’” See id. at 437. We held that the phrase “scheme or network” violated Article I, sections 20 and 21, of the Oregon Constitution because it gave judges and juries unbridled discretion to determine the sort of conduct that would warrant a higher sentence. Id. at 439-41. Following Moeller, Representative Tom Mason introduced a bill to replace the “scheme or network” rule with a more specific test. As initially proposed, the bill provided for a presumptive prison sentence if a person either delivered certain controlled substances for consideration or if the state proved specific factors, such as the presence of stolen property, a substantial amount of cash, or a substantial amount of controlled substances. Minutes, House Committee on Judiciary, Subcommittee on Crime and Corrections, HB 2390, Jan 30, 1991, at 2, 5 (testimony of Rep Tom Mason). There was some concern that the specific factors were themselves vague, and Judge Harl Haas mentioned that the committee might want to look at the federal sentencing guidelines as a way of defining which drug crimes should be subject to an enhanced sentence. Id. at 4-5. On February 20, 1991, the Oregon District Attorneys Association (ODAA) pursued the approach that Judge Haas had mentioned. It proposed amending HB 2390 to correspond with the federal sentencing guidelines, and the ODAA’s proposed amendment became, with some changes, what is now ORS 475.996(1). See Ex D, House Committee on Judiciary, Subcommittee on Crime and Corrections, HB 2390, Feb 20, 1991 (setting out the ODAA amendment). The ODAA’s amendment provided, as ORS 475.996(1) now provides, for enhanced sentences for delivering or manufacturing specified amounts of mixtures or substances containing detectable amounts of certain controlled substances. Norm Frink, a representative for the ODAA, told the subcommittee why the district attorneys association had proposed the amendment: “ First, instead of speaking solely in terms of a quantity of a drug, we spoke in terms of a mixture or compound with detectable amounts of the drug. Now, this change is I think a very significant change in terms of actual operation of law. It is based on the federal experience that it has been almost impossible to litigate quantities and that type of thing. It is also based on my brief discussions with the crime lab where they estimate that if we went to a system where the crime labs around the state had to determine the quantity–in other words, you had to show that there was exactly five grams of actual heroin, as opposed to five grams of heroin and 10 percent of cut, or something like that– they estimate that the budgetary expenses necessary to prepare lab reports in that fashion might be in excess of $500,000. “ So, both the experience in federal court and the projections that I received from the crime lab argued for that change, and that was the reason for that change.

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“ The second change was going to the specific amounts laid out in subsection 1, which made certain deliveries or manufactures presumptively prison based simply on the quantity of the substance involved. And what we tried to do was to make the quantities in reasonable relation to each other based on street value. We took the first quantity that the committee had laid out–5 grams of heroin–and we attempted to lay out quantities of these other substances that were more or less appropriate to that in terms of street value and magnitude of operation so that there would be a consistency between the various drugs. We also, as the committee would note, added several drugs that we felt in high quantities were deserving of presumptive prison treatment.” [12] Tape Recording, House Committee on Judiciary, Subcommittee on Crime and Corrections, HB 2390, Feb 20, 1991, Tape 30, Side A (testimony of Norm Frink). As Frink noted, the amendment (and the bill that was later enacted) provides, for example, for a presumptive prison sentence if a manufacturing or delivery offense involves: (1) five grams or more of a mixture or substance containing heroin; (2) 10 grams or more of a mixture or substance containing cocaine; (3) 10 grams or more of a mixture or substance containing methamphetamine; (4) 150 grams or more of a mixture or substance containing marijuana; or (5) 200 user units or more of LSD. See Ex D, House Committee on Judiciary, Subcommittee on Crime and Corrections, HB 2390, Feb 20, 1991, 2 (setting out the ODAA amendment). Frink also explained how the association arrived at the amount of each mixture or substance that will result in an enhanced sentence. It used the street value of each mixture or substance to determine the amount that would be equivalent to the street value of a mixture or substance containing five grams of heroin; that is, the calculation that resulted in the amount of each mixture or substance set out in the text of the bill is based on the understanding that each mixture or substance is in a form ready to be sold on the street. The state argues that we should give Frink’s comments regarding “street value” little weight because they “were related to the relative threshold quantities proposed for each drug; they did not relate to the purpose of the ‘mixture or substance’ language or to the general purposes of the substantial-quantities factor.” Additionally, the state contends that his remarks should be discounted because they were merely the comments “of a single witness in a single hearing.” On the first point, we note that the amount of each mixture or substance that will warrant an enhanced sentence was based on an understanding about the nature of the mixture or substance that was to be measured. That understanding informs our analysis of the sort of mixture or substance that the legislature had in mind when it enacted House Bill 2390. On the second point, an examination of the remainder of the legislative history demonstrates that Frink’s comments were not isolated remarks. Rather, the understanding that informs his testimony recurs throughout the remainder of the hearings. In the Senate, much of the discussion focused on the amount of a controlled substance that would warrant an enhanced sentence; the committee members wanted to distinguish an amount that

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was consistent with personal use from an amount that was consistent with selling controlled substances. Minutes, Senate Committee on Judiciary, HB 2390, May 24, 1991, 13. For example, Senator Hamby wanted to know whether “[t]en grams is less than a week’s supply of meth.” Id. at 14. When the representative from the Oregon Criminal Defense Lawyers Association explained that it would be a week’s supply “[f]or someone who’s doing a lot of meth,” Senator Hamby asked what a normal dose would be. Id. Similarly, when one of the senators asked how long five grams of uncut heroin would last, the witness explained that the amounts of drugs listed in the bill that would enhance a person’s sentence were based on the “street level variety” of those drugs. Id. at 17. The senator responded, “So we drive policy by identifying street level drugs.” Id. at 18. When questioned on this point, John Bradley, a deputy district attorney from Multnomah County, explained that the sentencing statutes for most other states and the federal government were based on “the weights of what is sold and possessed.” Id. at 19-20. Bradley explained that the federal approach had proved successful, id., and the committee ultimately agreed with him. See Minutes, Senate Committee on Judiciary, HB 2390, June 12, 1991, 8-9. [13] Throughout the legislative history, the legislators acted on the understanding that the “mixtures or substances” that would be measured to determine a person’s sentence were marketable mixtures or substances. Not only did the ODAA representative explain to the House subcommittee that the specific amounts of each mixture or substance set out in the amendment had been determined using their “street values,” but the legislators in the Senate sought to determine the amount of drugs that would distinguish trafficking from personal use. That is, the legislators looked to the marketable form of mixtures or substances containing controlled substances in determining the amount of each mixture or substance that would warrant a presumptive prison sentence. Reading the text, context, and legislative history together, we conclude that, when the Oregon legislature modeled ORS 475.996 on the federal statute, it intended to enhance a defendant’s sentence only for marketable mixtures or substances–a holding that is consistent with the discussion of the federal sentencing laws in Chapman and the majority of the federal courts that have specifically considered the issue. [14] We accordingly vacate defendant’s sentences on counts 1, 3, and 5 and remand for resentencing. We also remand the remainder of defendant’s convictions for resentencing. See ORS 138.222(5). Sentences on counts 1, 3, and 5 vacated and remanded for resentencing; counts 2, 4, 6, and 15 remanded for resentencing; otherwise affirmed. 1. 2. 3.

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Unless otherwise stated, the citations refer to the 1997 statutes. Pseudoephedrine is extracted from pseudoephedrine tablets and used to manufacture methamphetamine. Defendant also moved for a judgment of acquittal on count 13 charging him with conspiring to manufacture

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methamphetamine. He argued that the evidence was not sufficient to permit a reasonable juror to find that he had conspired with others. The trial court denied the motion, defendant assigns error to that ruling on appeal, and we affirm the trial court’s ruling without discussion. 4. Defendant did not argue below that neither ORS 475.996(1)(a)(C) nor ORS 475.996(2)(b)(C) applied because the liquid contained only salts, isomers, or salts of isomers of methamphetamine; that is, defendant did not argue below that he did not manufacture, deliver, or possess methamphetamine, as opposed to its salts or isomers. 5. In this case, for example, the state’s witness testified that, after the methamphetamine manufacturing process is complete and the methamphetamine is in the form of a dry powder, the powder is often mixed with a cutting agent such as Epsom salts before it is sold. 6. As amended in 2001, ORS 475.996(1)(a)(C) refers to “[t]en grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers or salts of its isomers.” See OR Laws 2001, ch 804, § 2. The legislature did not amend ORS 475.996(2)(b)(C). That subparagraph still provides for an enhanced sentence for persons who possess 10 or more grams of methamphetamine. 7. Consistently, ORS 475.996(1)(a)(F) enhances a sentence for manufacturing or delivering “[t]wo hundred or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide,” and ORS 475.996(2)(b)(F) enhances a sentence for possessing 200 or more “user units” of LSD. By referring to user or dosage units, those subparagraphs imply that they are limited to marketable mixtures or substances. These related subsections reinforce what the terms deliver and possession imply: The reference to a mixture or substance in ORS 475.996(1)(a) and ORS 475.996(2)(b) is limited to marketable mixtures or substances. 8. Although “deliver” and “manufacture” point in different directions, the statute conjoins those two words. It authorizes an enhanced sentence for the “delivery or manufacture” of “ten grams or more of a mixture or substance containing a detectable amount of methamphetamine.” ORS 475.996(1)(a)(C). The single phrase “mixture or substance” thus has a different connotation depending on whether it is read with “delivery” or “manufacture.” 9. The state does not dispute that Chapman is a prior construction for the purposes of Stockfleth/Lassen. 10. See United States v. Palacios-Molina, 7 F3d 49, 54 (5th Cir 1993) (holding that the weight of cocaine mixed with sangria should not be used for sentencing because the cocaine was not part of a “marketable mixture” ; only after the liquid was distilled out would the cocaine be ready for either the wholesale or retail market); United States v. Salgado-Molina, 967 F2d 27, 29 (2d Cir 1992) (same); United States v. Jennings, 945 F2d 129 (6th Cir 1991) (declining to use weight of mixture containing a small

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11.

12.

13.

14.

amount of methamphetamine and poisonous by-products because the mixture was not marketable); United States v. Rolande-Gabriel, 938 F2d 1231, 1237 (11th Cir 1991) (concluding that weight of liquor in which cocaine was distilled should not be used in weight calculation); but see United States v. Walker, 960 F2d 409, 412-13 (5th Cir), cert den, 506 US 967 (1992) (holding, in reliance on preChapman precedents, that the total weight of waste water containing cocaine should be used to enhance a defendant’s sentence); United States v. Mahecha-Onofre, 936 F2d 623 (1st Cir), cert den, 502 US 1009 (1991) (holding that the weight of a suitcase made from a cocaine-acrylic mixture should be used to determine the defendant’s sentence). The defendant in Chapman argued that the blotter paper was a carrier medium, comparable to packaging material, that should not be considered a mixture or substance. The defendant also noted that LSD was sold by the dose, rather than by weight, and that using the weight of the blotter paper to determine the length of his sentence produced an arbitrary result. In addition to providing for a presumptive prison sentence if a defendant possessed more than a specified quantity of certain controlled substances, the amendment provided for the same sentence if the crime was a “commercial drug offense.” The amendment used the types of factors set out in the original bill (factors associated with drug trafficking) to identify a commercial drug offense. See Ex D, House Committee on Judiciary, Subcommittee on Crime and Corrections, HB 2390, Feb. 20, 1991, 3. That aspect of the amendment is not at issue here. As amended in the Senate, the bill provided for treatment for certain drug offenders. The House did not accept those changes, and a conference committee was convened, which recommended that the Senate amendments be adopted. The conference committee did not consider any of the issues raised here. We express no opinion on the question whether the addition of the phrase “its salts, isomers or salts of its isomers” to ORS 475.996(1)(a)(C) in 2001 would lead to a different result for those persons who manufacture or deliver methamphetamine after the effective date of that amendment. See n 6 above.

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JOURNAL

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CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 13 NUMBER 4 — OCTOBER 2003

IN THIS ISSUE ... Four Members Elevated To Life–Member Status for Service ...................... 2 New CLIC Members For 2003 ..................................................................... 2 Meth Cases Create Massive Backlogs At Police Crime Labs ..................... 3 Meth Problems Cloud Life In Hawaii ............................................................ 4 Meth ‘Superlab’ Busted: 8 Indicted In Connection With Drug Factory Near Lewiston ......................................................... 5 Some Scenes From The 2003 Technical Training Seminar ........................... 6 Clandestine Drug Labs Skyrocket In B.C. Province Accounts For Half Canada’s Total, RCMP Says ................................................... 7 Mushroom Grow In Santa Cruz, California ................................................... 7 Abstracts From 13th Annual Technical Training Seminar, September 3–7, 2003 In Richmond, VA ................................................. 8 MTQ Calculator V5.0 .................................................................................. 14 Rico Warmenhove Analysis Of Lithium, Sodium, and Potassium Via FTIR–ATR: An Examination of Subtle Shifts in Carbonate and Hydroxide Ion Spectra .......................................................................... 16 Barry Miller and Rebecca Gaxiola

 2003 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Association Officers President: Anneke Poortman Forensic Science Laboratory Volmerlaan 17 Rijswijk 2288 GD The Netherlands 31-70-340-8131 Vice-President: David Love DEA South Central Laboratory 10150 E. Technology Blvd. Dallas, TX 75220-4377 (972) 559-7900 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (620) 792-4353 Membership Secretary: Anne Coxon ESR Ltd. Hampstead Rd Private Bag 92-021 Auckland, NEW ZEALAND 64-9-815-3946 US fax: (760) 437-4423 Editorial Secretary: Rachel Cutler ID State Police Forensic Services PO Box 700 Meridian, ID 83680-0700 (208) 884-7171 Past-President: Peter Vallely Centre for Forensic Science PO Box 594 Archerfield Brisbane, QLD 4108 AUSTRALIA 61-73-274-9031 Executive Board Members: Terry A. Dal Cason DEA North Central Laboratory 536 S Clark St Rm 800 Chicago, IL 60605-1509 (312) 353-3640 Laurette Rapp Acadiana Crime Lab 5004 W Admiral Doyle Dr New Iberia, LA 70560-9135 (337) 365-6671

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

FOUR MEMBERS ELEVATED TO LIFE–MEMBER STATUS FOR SERVICE Four long–time members of the Association were elevated to Life Members at the recent meeting in Richmond, VA. Byron Max Courtney, Laboratory Director for Forensic Consultant Services in Fort Worth, TX, attended the first CLIC seminar in 1991 in San Diego, CA, and presented the first of his four papers for CLIC seminars during the session. Max joined CLIC during this first meeting. The next year, Max coordinated the 2nd Annual seminar at the Stockyards Hotel in Fort Worth, TX. Max has published two papers in the CLIC Journal and has served on the CLIC Board of Directors. Thomas R. Ekis, Forensic Examiner for Forensic Consultant Services in Fort Worth, TX, also attended the first CLIC seminar in 1991 in San Diego, CA, and presented the first of his two papers for CLIC seminars during the session. Tom joined CLIC during this first meeting. The next year, Tom assisted in the coordination of the 2nd Annual seminar at the Stockyards hotel in Fort Worth, TX. Tom has published two papers in the CLIC Journal and has served on the CLIC Board of Directors. Pia T. Ely, Special Investigator for the US Investigative Services in San Ramon, CA, attended her first CLIC seminar in Memphis, TN, in 1993. At the time, Pia worked in the Special Investigative Services Forensic Laboratory for the Honolulu Police Department in Honolulu, HI. Pia has been active in the operation of the CLIC seminars, coordinating and obtaining door prizes and awards, assisting with registration and day–to–day operation of the seminars. Pia assisted in scouting the site for the 2001 seminar in Monterey, CA, and traveled to New Orleans, LA, to evaluate hotel sites for the 2002 seminar. In addition, Pia is the Chairperson for CLIC’s historical committee. Linton Von Beroldingen, Criminalist for the California Department Justice Laboratory in Richmond, CA, attended his first CLIC seminar in Fort Worth, TX, in 1992. Linton provided instruction for a session on the use of microscopy in the examination of clandestine laboratory chemicals and materials. Most recently, Linton was the Technical Leader in Chemistry for the Oregon State Police Laboratory in Portland, OR. Linton has been a frequent resource for problem solving on the CLIC ListServer. Congratulations to each of these members!

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NEW CLIC MEMBERS FOR 2003 The following new members were accepted at the recent CLIC meeting in Richmond, VA.

ASSOCIATE MEMBER Gilbert, Michael ................ Pinellas Co. Forensic Laboratory– Largo, FL Toulouse, Daniel .............. Mesa Police Dept–Mesa, AZ

REGULAR MEMBER Akutagawa, Berklee ......... CA DOJ Crime Lab–Ripon, CA Appel, Michael ................ CA DOJ Crime Lab–Fresno, CA Ashby, Linda ................... AZ DPS Crime Lab–Phoenix, AZ Attebery, Darian .............. MO State Highway Patrol Crime Lab–Jefferson City, MO Barker, William ................. ESR–Auckland, New Zealand Bartolotta, Antoinette ...... VA Division of Forensic Sciences– Richmond, VA Bayler, Shelia ................... NC State Bureau of Investigation– Raleigh, NC Boyd, David ..................... DEA Southwest Lab–Vista, CA Camilleri, Michelle ............ DEA North Central Lab–New York, NY Campbell, Ryan ................ St. Louis County Police Department–St. Louis, MO Carney, Leah .................... DEA Southwest Lab–Vista, CA Catley, Diane .................... VA Division of Forensic Sciences– Roanoke, VA Champagne, Andrea ........ NM DPS Crime Lab–Mesilla Park, NM Cillessen, Sabrina ............. AZ DPS Crime Lab–Phoenix, AZ Cravens, Michael ............. IL State Police–Springfield, IL Crowe, Carol ..................... CBI–Lakewood, CO Echtle, Brigid .................... DEA South Central Laboratory– Dallas, TX Erwin–Sipes, Hope ........... IL State Police–Springfield, IL Fasanello, Jack ................. DEA Northeast Lab–New York, NY Gaxiola, Rebecca .............. CA DOJ Crime Lab–Redding, CA Gilliland, Candice ............. Aiken Co. Sheriff’s Office–Aiken, SC Gurdziel, Michael ............. NC State Bureau of Investigation– Raleigh, NC Haag, Michael .................. Albuquerque Police Crime Lab– Albuquerque, NM Heagney, Aaron ............... Australian Gov. Analytical Laboratory–Pymble, NSW Australia Hooks, Jason ................... Sacramento Co. Forensic Lab– Sacramento, CA Jorgenson, Matthew ........ WSP Crime Laboratory–Spokane, WA Karr, Carol ........................ MS State Crime Lab–Batesville, MS

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VOLUME 13 NUMBER 4 — OCTOBER 2003

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Keogh, Julianna ............... UT State Crime Lab–Ogden, UT Kirby, Dean ...................... DEA Southwest Lab–Vista, CA Kitlinski, Lisa ................... DEA Southwest Lab–Vista, CA Klein, Cheyanne ............... NM DPS Crime Lab–Mesilla Park, NM Koppenhaver, David ........ IN State Police Lab–Fort Wayne, IN Larson, Robyn ................. VA Division of Forensic Sciences– Richmond, VA Lively, Grace .................... IL State Police–Carbondale, IL Margot, Pierre .................. Institut de Police Scientifique et de Criminologie–Lusanne, Switzerland Masten, Rebecca ............. VA Division of Forensic Sciences– Richmond, VA Meyer, Corrie ................... VA Division of Forensic Sciences– Richmond, VA Moran, Cindy ................... AR State Crime Lab–Little Rock, AR Olson, Ragnar .................. DEA North Central Lab–Chicago, IL Paiva, Marcelo ................. IL State Police–Springfield, IL Person, Eric ...................... WSP Crime Laboratory–Marysville, WA Pfeiffer, Kathleen ............. DEA Northeast Lab–New York, NY Przybylski, John ............... VA Division of Forensic Sciences– Richmond, VA Reavis, Joseph ................. NC State Bureau of Investigation–

Skyland, NC Rienhardt, Scott ............... DEA Western Laboratory–San Francisco, CA Ristau, Daphne ................ GBI Division of Forensic Sciences– Decatur, GA Rizo, Lynn ........................ IL State Police–Joliet, IL Robinson, JW .................. DEA Western Laboratory–San Francisco, CA Rohde, Douglas ............... Lake County Crime Laboratory– Painesville, OH Smith, Stacie ..................... Fort Worth PD Forensic Laboratory–Fort Worth, TX Spangler, Marla ................ IL State Police–Fairview Heights, IL Spatola, Josh .................... CA DOJ Crime Lab–Ripon, CA Stiefvater, Kristin ............. IL State Police–Springfield, IL Strauss, Liisi ..................... Forensic Service Center–Tallinn, Estonia Tatro, Caroline ................. MA State Police Crime Lab– Sudbury, MA Vadell, Noel ...................... DEA Northeast Lab–New York, NY Wilson, Robert ................. CA DOJ Crime Lab–Sacramento, CA Wininger, Jennifer ............ KY State Police–Frankfort, KY Workman, Michael ........... MO State Highway Patrol Crime Lab–Willow Springs, MO

METH CASES CREATE MASSIVE BACKLOGS AT POLICE CRIME LABS KIMBERLY HEFLING Sun, Sep. 14, 2003 ASSOCIATED PRESS EVANSVILLE, Ind. – Crime labs across the Midwest are backlogged with thousands of methamphetamine cases, leading at least one judge to threaten a lab director with fines and forcing prosecutors to dismiss some charges. “It’s a little stressful. If you’re a drug chemist and you come into work, there is no light at the end of the tunnel,” said 1st Sgt. Joe Vetter, who manages a police crime lab in southern Indiana with a backlog of 1,400 cases, many of which involve methamphetamine. Similar backlogs have formed throughout the Midwest as methamphetamine arrests increase steadily in states such as Indiana, Kentucky and Kansas. Chemists in Vetter’s lab work nights and weekends to respond to subpoenas. Angry prosecutors call to demand evidence, afraid that judges tired of granting repeated postponements might dismiss the charges. Forensic scientists analyze evidence seized in drug raids, conducting tests to determine, for example, if residue is in fact

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methamphetamine or how much of the drug could have been made at a clandestine laboratory. Crime lab managers say the backlog reflects the ever–growing volume of methamphetamine cases, the complexity of chemical tests and the amount of evidence seized from suspected makers of the drug, a highly addictive stimulant that produces a euphoria similar to cocaine but lasts longer. “For states where there are tremendous numbers of these, you bet it is a burden and requiring huge amounts of time for analysis and disposal,” said Roger Kahn, president–elect of the American Society of Crime Laboratory Directors. Kentucky officials are working to reduce a 10,000–case backlog created in part by the state’s growing methamphetamine problem. A judge in Graves County, south of Paducah, became so frustrated with lab delays that he warned a lab director the agency could face fines of $100 a day for contempt of court if cases were not processed promptly.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Graves County prosecutor David Hargrove said trials have frequently been postponed because lab results were not available. “Before you know it, we’ve got many cases eight or nine months old,” Hargrove said. Kentucky’s state crime labs processed 354 meth cases last year, up from 280 in 2001, said Jeff Warnecke, manager at the state’s central lab. Each case can take days. Warnecke’s crime lab has experienced more than 50 percent turnover in staff since 1999 as chemists left for states offering better pay. Training a replacement can take six months, Warnecke said. Contributing to the backlog in all the states are other laboratory demands, such as increased use of DNA tests in criminal investigations.

But there is no doubt that methamphetamine makes a difference in places such as Graves County, Ky., where meth now accounts for more than half of all indictments, Hargrove said. “It was just like dropping a match in a gasoline jug,” he said. “I’ve never seen anything explode like this did.” In Kansas, where cases have been dismissed because of laboratory delays, competition among prosecutors to get meth evidence analyzed forced the state to create a priority system for cases. Cases that meet certain criteria, such as those involving children or weapons, are given a higher priority. Prosecutors can also use a password–protected Web site to check on individual cases.

METH PROBLEMS CLOUD LIFE IN HAWAII JAYMES SONG Sun, Sep. 14, 2003 ASSOCIATED PRESS

HILO, Hawaii – Hungry children sat quietly in a darkened living room, terrified of their abusive father. In the kitchen, maggots and rotting food filled the fridge. With the electricity out, cooking was done on a propane stove. The furniture was repossessed. The welfare check was already spent. The family was being evicted. None of this mattered to Wayne and Dina Tamura. As long as the couple from the tiny town of Kau was high on crystal methamphetamine, they were happy. “I didn’t think about the kids, I didn’t want to spend money on diapers,” said Wayne Tamura, now a recovering addict. “All I wanted to do was smoke.” On the streets, it’s known as “ice” – the highly pure, crystalline form of methamphetamine whose use across the Hawaiian islands has reached epidemic levels. The state’s drug–fighting efforts culminate Monday when Lt. Gov. James “Duke” Aiona convenes a statewide drug summit to discuss ways to beat back the menace. “It’s just an insidious drug,” said Aiona, a former prosecutor and judge. “I’ve never seen the devastation from the other drugs like this.” Smoking ice provides a high so intense and long–lasting that addiction can be instant, withdrawal is excruciating and brain damage often permanent. Since the drug’s introduction from Asia in the mid–1980s, ice has burrowed into every community in Hawaii, becoming widely used and readily available. The drug threatens the very way of life in these multicultural islands, where close–knit families often live three generations to a household, officials say.

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Every level of government in Hawaii is focused on stopping the drug. Lawmakers took the rare step of creating a joint House– Senate committee to formulate an attack plan. Special police units are being established, and communities are holding town–hall– style meetings and anti–drug rallies. Most of the ice in Hawaii is produced in Mexico and California, according to federal authorities. While meth in other states is often manufactured locally and usually snorted, ingested or injected, Hawaii prefers the imported, smokable crystal meth or “ice,” which is higher in purity. “It takes your soul away,” said Joshua Lagmay, 26, a recovering user who recalled how the drug made him prostitute himself and terrorize his community, even his own family. Though virtually every state has a meth problem, and the smokable form has become established in other pockets of the country, including California, officials in Hawaii have been calling the islands’ problem the worst anywhere. Some 37.4 percent of men jailed in Honolulu tested positive for methamphetamine in 2001, higher than any other major U.S. city, the federal government says. The Honolulu Medical Examiner’s Office reported that on the island of Oahu, deaths in which ice was a principal cause quadrupled in the past decade to 62 last year, surpassing deaths related to any other illegal drug or alcohol. Also last year, crystal meth overtook alcohol as the primary substance used by adults admitted to treatment centers in Hawaii, according to the state Health Department. The 2002 total –

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VOLUME 13 NUMBER 4 — OCTOBER 2003

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 2,888 ice users admitted – was double the amount just four years earlier. “If we don’t grab a hold of this moment in time, we’re going to lose a lot more lives before things get better,” said Edward Kubo Jr., the U.S. attorney for Hawaii. “Clearly, Hawaii is being killed,” Kubo said. “We’re on our knees right now.” There’s no precise count of Hawaii’s ice users. Estimates range from 8,000 to 120,000 out of a state population of 1.2 million, mainly because officials say it’s hard to get credible information from users and recovering addicts. Officials say the state was a ripe target for ice dealers because of the rural surroundings and no major organized crime group controlling the drug trade. Sgt. Marshall Kanehailua, head of a new police ice task force for Hawaii County, which encompasses the Big Island, said he believes the high unemployment rate and close–knit culture on the mostly rural island play a role in helping the drug gain ground. Police across the state blame ice for a surge in property crimes,

domestic violence and psychotic behavior. Said Sue Cuffe– Sykos, a drug counselor in the small town of Hana: “It’s the first time I’ve seen fear. ... People are afraid of their own relatives.” For the Tamuras, addiction quickly mounted into a $500–a–day habit, leaving them broke and unemployable. They would stay high and awake for more than a week at a time, and Wayne Tamura became aggressive and paranoid to the point of hallucinating. “After you stay up for days, it’s mean how the brain plays tricks on you,” he said. It wasn’t until the state took custody of their children for a third time that the couple decided to get treatment. As recovering addicts, the Tamuras find the allure of the drug is still there. And while that feeling may never vanish completely, with help they are trying to rebuild their lives and be reunited with their five children. “I’m in love with him again,” Dina Tamura said of her husband. “He has changed so much. He’s like a man again – a husband and father.” He is, to her, everything that ice had taken away.

METH ‘SUPERLAB’ BUSTED: 8 INDICTED IN CONNECTION WITH DRUG FACTORY NEAR LEWISTON KIMBERLY BOLANDER Record Searchlight Redding, CA September 20, 2003

Drug agents dismantled a methamphetamine “superlab” near Lewiston and gained indictments for eight alleged drug makers, including an alleged Cottonwood kingpin who drug enforcement agents said they’ve been tracking for a year and a half. U.S. Attorney McGregor Scott announced the indictments Friday at a joint press conference at the Redding Civic Center that credited a variety of north state law enforcement agencies for working together. Like Columbia and its cocaine crop, America has become the source nation for methamphetamine production, with California largely supplying the rest of the nation, Scott said. Crackdowns in Southern California have driven Mexican nationals to move their meth labs to rural parts of the north state. “It’s not that they’re coming here. It’s that they are here,” he said. In Trinity County, the alleged meth makers cooked the drug inside a rented cabin southwest of Lewiston, about two miles off Highway 299. The lab produced as much as 60 to 75 pounds of methamphetamine in each batch, qualifying it as a superlab. A pound of the drug fetches about $10,000 wholesale from drug

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dealers across the United States, Scott said. Those federally indicted by Scott’s office on July 31 and Sept. 11 include Jose Sanchez, 46, of Cottonwood, also known as Jose Luis Gonzalez. Sanchez allegedly led the multimillion–dollar drug operation that shipped crystal methamphetamine as far as Georgia and Florida. Gordon Taylor, agent in charge of the federal Drug Enforcement Agency office in Sacramento, said Sanchez has operated in the north state for about two years. He was overseeing methamphetamine production at the cabin near Lewiston for several months before drug agents raided it July 11, Taylor said. On that day, agents stopped a Ford Explorer leaving the cabin with four or five of the suspects. They found a secret compartment under the vehicle that contained 20 pounds of high–quality crystal meth in Tupperware containers. The compartment’s opening was behind a rear tire wheel well and was sealed with Bond–O, then “dirtied up” to further hide it, said Joe Diaz, special agent supervisor for the Bureau of Narcotic Enforcement. Defendant Arturo Rodgrigo Luna–Rodriguez Jr. , 32, also lived in Cottonwood. Residences were unknown for the remaining

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION defendants: Jesus Ramirez–Ortiz, 33, Alejandro Carrillo, 47, Gabino Sanchez–Gonzalez, 27, Noe Sanchez–Perez, 28, Juan Chipres– Guizar, 30, and Rosa Lara Calderon, 23. Carrillo remained at large Friday. By filing allegations in federal court rather than state courts, prosecutors can seek stiffer penalties, Scott said. Diaz estimated Sanchez went by 20 to 30 aliases, even within his own operation, to keep ahead of the law. Agents have been trying to locate his whereabouts for about a year and a half, Diaz said. “Frankly, we don’t know what his real name is. That’s fine. He can be John Doe for 20 years in prison,” Diaz said.

The indictment from a grand jury in California’s eastern district federal court charges the defendants with manufacturing, possession and an intent to distribute meth, among other allegations. Officials from eight north state drug and law enforcement agencies joined Scott Friday, including Trinity County Undersheriff Dave Laffranchini. Combining drug–fighting forces and finances is the only way Lewiston’s superlab was dismantled, Laffranchini said, and he suspects there are more labs yet to be discovered in Trinity County. “This is a trend, unfortunately, that we’re going to see more of in the north state,” Laffranchini said.

SOME SCENES FROM THE 2003 TECHNICAL TRAINING SEMINAR

Left: Members of the CLIC Board of Directors (L to R): Peter Vallely, Past–President; David Love, Vice–President; Anneke Poortman, President; Terry Dal Cason, Executive Board Member; Laurette Rapp, Executive Board Member; and John Hugel, outgoing Past–President. Missing from the photograph are Carl Anderson, Secretary–Treasurer; Rachel Cutler, Editorial Secretary; Anne Coxon, Membership Secretary; and Steve Johnson, outgoing Executive Board Member.

Right: Charles Fishel of the Naval Criminal Investigative Services Laboratory in Norfolk, VA, collects exemplar tablets as he demonstrates how a single–stage pill press works. Fishel and Laura Tayman, Assistant United States Attorney, presented their work on a case where the tabletting press was seized. A copy of the abstract for their training presentation can be found in this Journal.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CLANDESTINE DRUG LABS SKYROCKET IN B.C. PROVINCE ACCOUNTS FOR HALF CANADA’S TOTAL, RCMP SAYS ALLAN WOODS Can West News Service Thursday, October 02, 2003 The RCMP is turning to private–sector companies to cope with a dramatic increase in the number of underground drug labs set up to feed B.C.’s growing hunger for ecstasy and methamphetamine. The clandestine laboratories are often found in the bathrooms, basements and garages of residential homes, police say. They are stocked with a lethal mix of chemicals including acetone, ephedrine, methanol, rubbing alcohol, paint thinner and red phosphorus –– the active ingredient in road flares. Last week, the force issued a request looking for “highly qualified and fully licensed [hazard materials] specialists.” It’s the first–step toward establishing a contract with a company to handle and dispose of chemicals seized from the labs, police said. “It’s something we’re really running into more and more and it’s something we’ve got to get a handle on,” said Sergeant Mike Harding, head of the RCMP’s drug operations support unit in B.C. “We don’t really know how much is out there. We know how much is on the street, but where it’s coming from? We don’t really know.” The labs are often uncovered after fires or other accidents occur. In the last six months, Harding said, those have been occurring with alarming frequency. Sergeant Doug Culver, the RCMP’s national clandestine laboratory co–ordinator, said B.C. accounts for 50 per cent of such makeshift labs discovered in Canada. He said the national number is growing –– from virtually none five years ago to more than 40 uncovered last year. “I honestly don’t know (why the number is increasing so fast),” said Culver, who worked 22 years in B.C. with the Vancouver and Victoria drug units. “The only thing we can figure is that the growth of clandestine laboratories in Canada is mirroring what happened in the U.S. about 10 years ago.” A decade ago, he said, there was a small network of drug labs operating in California. The number of operations increased exponentially and began spreading to the east. Last year, 80,000 chemical drug–making operations were discovered by U.S. authorities, he said. In Washington state that number grew from about 50 in 1997 to 1,470 last year. “We’re starting to see increases in labs in Alberta, Ontario and Quebec,” Culver said. Many labs are run independently, but police are now uncovering links to biker gangs like the Hells Angels and Asian organized crime gangs. “There’s some horrendous profits to be made in this,” he said.

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“It’s a crime of greed.” Harding also said half of the drug labs found are now producing ecstasy, a drug that until a few years ago was only made in The Netherlands and parts of Asia. “It’s almost unheard of until very recently that ecstasy is being produced in North America,” he said. Shutting down such operations, when they are found, also becomes the responsibility of several government departments, including housing officials and the health department. One Vancouver house was put under 24–hour fire watch last year after police discovered red phosphorous, a flammable ingredient used to make speed, in the house. In Windsor, Ont. last year, a lab was discovered in a top floor apartment of a high–rise building. There are also indications in most labs that chemicals have been flushed down toilets or dumped down drains, possibly contaminating water supplies.

MUSHROOM GROW IN SANTA CRUZ, CALIFORNIA The California Department of Justice’s Freedom Laboratory recently processed a sophisticated mushroom growing operation. The growing operation was discovered after residents had called police when they saw the suspect’s cooking something in a 55-gallon drum. Although, the suspects claimed they were creating “Bio–diesel”, burlap bags containing straw were found nearby. Based on a reference book at the scene, “The Mushroom Cultivator” by Stamets and Chilton, the suspect’s were likely sterilizing their growing medium. The suspect’s had rented a one bedroom home with a 2–car garage and extra room. In less than three weeks they had attempted to create a sterile growing facility. They had built two separate growing areas that included shelving, black plastic sheeting, and controlled environments. Timers had been connected to ventilation, heating, humidifiers, and lighting. Other materials included lime (calcium carbonate), peat moss, duct work, PVC piping, and steel pots with white residue. Two different starting mediums were found in one of the rooms. Mason jars containing grain and trays containing straw and a dirt–like substance both had white moldy growths. The white moldy growth, likely mycelium, is indicative of the early stages of mushroom cultivation. A warmer, more humid room contained trays of vermiculite with mushrooms just starting to emerge through some of the growing medium. Several samples were taken back to the lab and attempts were made to continue the growth cycle for analysis. Other samples were dried overnight and analyzed the next day. Mushrooms analyzed the following day contained psilocyn and/or psilocybin. Lara Walker–CA DOJ Laboratory, Freedom

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ABSTRACTS FROM 13TH ANNUAL TECHNICAL TRAINING SEMINAR DURING SEPTEMBER 3–7, 2003 IN RICHMOND, VA “Designer Drugs, Analogs and Controlled Substance Analogs” Terry A. Dal Cason, DEA North Central Laboratory, Chicago, IL Since the publication of PIKAL and TIKAL, a fairly rapid succession of chemical analogs of controlled substances (Controlled Substance Analogs, CSA) has appeared on the drug scene. A historical perspective will look at the origination of the term “Designer Drugs”, and how this term relates to structural analogs and CSA. U. S. Federal Law, some of it conflicting, will be referenced and briefly discussed in relation to CSA. Terminology and important concepts regarding chemical structure will be presented. Factors that may affect the illicit production of structural analogs of controlled substances will be suggested. A number of representatives of “classes” of controlled substances will be looked at and potential modifications to these structures presented. A recent defense strategy using the “Tanimoto Coefficient” will be discussed. “Drug Discrimination: A Technique for Investigation of Abused Substances” Richard A. Glennon, Department of Medicinal Chemistry, School of Pharmacy, Medical College of Virginia Campus, VA Commonwealth University, Richmond, VA 23298–0540 Drug discrimination, using (typically) rats as subjects, is a behavioral paradigm that is essentially a “drug detection” procedure [1]. That is, animals can be trained to recognize (i.e., to discriminate) a specific dose of training drug and to respond accordingly (e.g., to press one of two levers in a two–lever operant procedure when administered training drug). The training drug is usually paired with a second drug (or, more commonly, saline vehicle). As a consequence, animals can be trained to discriminate training drug from saline vehicle; these animals respond on the “training– drug lever” when administered training drug, and on the vehicle– lever (“non–drug lever”) when administered vehicle. Many drugs with central actions serve as discriminative stimuli including opioids, barbiturates, anxiolytic agents, central stimulants, and hallucinogens. Agents we have used in our laboratories as training drugs include, for example, diazepam, pentobarbital, (+)amphetamine (1), cocaine, LSD, DOM (2), R(–)DOB, DOI, (-)ephedrine, caffeine, MDA (3) and MDMA. Results obtained are dose related and stimulus potency can be determined by calculating an ED50 dose for the training drug. Three–lever procedures, although less common, have also been used. For example, we have trained animals to discriminate R(–)MDA, from S(+)MDA, from vehicle. Once animals have been trained to discriminate a given drug

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from vehicle, a variety of tests can be conducted; two of the most common are tests of stimulus generalization and stimulus antagonism. In tests of stimulus generalization, doses of a “test drug” are administered to the trained animals to determine if the test drug produces stimulus effects similar to (i.e., generalizes to or substitutes for) those of the training drug. Where substitution (stimulus generalization) occurs, an ED50 dose can be calculated and compared with the ED50 dose of the training drug for an estimation of relative potency. Drugs that produce similar effects in humans generally substitute for one another in tests of stimulus generalization in animals. In tests of stimulus antagonism, pretreatment of the animals with a specific antagonist prior to administration of the training drug can result in the animals responding on the non–drug lever if the antagonist interferes with the actions of the training drug. Using such tests, a variety of studies can be conduced that provide information on a) categorization of drug effect (e.g., do standard Drug A and Drug B produce similar effects?), b) potency (i.e., how potent is Drug A relative to Drug B?), c) classification of novel agents (i.e., does novel agent X produce an effect similar to Drug A), d) mechanism of action (i.e., how does Drug A produce its stimulus effects?), e) metabolism (i.e., is Drug A active per se, or is it first converted to an active metabolite? or, is metabolite A’ capable of producing Drug A–like effects?), f) duration of action, g) time of onset of drug action, h) drug interactions (i.e., will Drug Z potentiate the effects of Drug A?), and structure–activity relationships (i.e., what is the influence of each structural feature of Drug A on its actions as a discriminative stimulus)? One practical application relates to categorization, classification, formulation of structure–activity relationships, and an investigations of the mechanism(s) of action of phenylalkylamines. Compounds 1–3 are phenylalkylamines; 1 is the central stimulant amphetamine whereas 2 is the hallucinogen 1– (2,5–dimethoxy–4–methylphenyl)–2–aminopropane (DOM). (+)Amphetamine and DOM serve as discriminative stimuli, and (as might be expected on the basis of their human actions)

2003 - Clandestine Laboratory Investigating Chemists Association, Inc.

NH2

NH2

NH2

* CH3

* CH3

* CH3

H3CO OCH3 CH3

1

2

O O

3

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION (+)amphetamine does not substitute for DOM, nor does DOM substitute for (+)amphetamine. Structurally, what makes amphetamine a stimulant and DOM a hallucinogen? Both agents possess a chiral center and are optically active. Which is the more potent isomer for each agent; are both isomers active? Does each isomer produce a similar effect? What effect will removal of the DOM C4–methyl group have; will the resultant compound a) retain hallucinogenic character (and, if so, how potent is it relative to DOM?), b) possess stimulant action, or c) be behaviorally inactive? Certain other methoxy–substituted phenylalkylamines are stimulants and some are hallucinogens; at what point, structurally, does one action shift to the other? Are there any agents that possess both stimulant and hallucinogenic character? Is MDA (3) an amphetamine–like stimulant or a DOM–like hallucinogen; how potent is it with regard to the action it produces? How do these agents work? Structurally related designer drugs are appearing on the clandestine market; do any of these agents possess amphetamine–like or DOM–like actions; how potent are they? These are just some of the types of questions that can be addressed using the drug discrimination technique. 1.

Glennon, R. A.; Jarbe, T. U. C.; Frankenheim, J. eds., Drug Discrimination: Applications to Drug Abuse Research, NIDA, Rockville, MD, 1991.

“The Formulation of Pseudoephedrine Tablets” Bill Bess, Product Development Director, Pfizer Consumer Health Care Tablet formulations contain a number of excipients used for various reasons. These ingredients typically fall into some broad categories: binders, disintegrants, film forming agents, fillers, and granulation aids. I will discuss the reasons for their use, give examples of these ingredients along with typical use levels, and discuss their impact on separation of pseudoephedrine form the tablet matrix. I will also discuss the denaturant technology that Pfizer is finalizing for use in pseudoepehdrine tablets to prevent their use as a source of precursor material. “A Modular Training Program for Chemists Preparing to Undertake Clandestine Laboratory Sample Analysis and Investigation” Curtis L. Heye, Forensic Science Services, Orange County Sheriff–Coroner Department, Santa Ana, CA The Orange County Sheriff’s Department Forensic Science Services has developed a modular training program for forensic scientists preparing to undertake clandestine laboratory sample analysis and, if appropriate, clandestine laboratory field investigation. The trainee’s progress in the following areas: chemical and instrumental analysis, field investigation, safety,

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legal implications, and interpretation of field observations and chemical results, is evaluated via laboratory exercises, blind sample analysis, written quizzes and examination. The completion of this training program is contingent upon the trainee’s successful analysis of qualifying samples, the rendering of relevant and accurate conclusions, and demonstrated competency in clandestine laboratory scene investigation (if appropriate). The qualified analyst is subsequently evaluated on an annual basis via proficiency testing and field monitoring (if field trained). The details, time frame, and success of this training program will be discussed. “Clandestine Phenethylamine Laboratory Syntheses and Analyses Training For New Chemists at the DEA–Western Laboratory” Roger A. Ely, DEA–Western Laboratory, San Francisco, CA Newly hired forensic chemists with the U.S. Drug Enforcement Administration’s (DEA) laboratories must successfully complete a rigorous analytical training program before they are allowed to examine case samples. Since the types of cases and workload vary with each DEA laboratory, each laboratory’s training program is developed and tailored to meet the needs of their customer base. The DEA Western Laboratory’s (San Francisco) training program introduces analytical methodology for controlled and restricted drug groups. This training includes color screening tests, extractions, identification procedures, quantitative analyses procedures, and mock court sessions. The program also familiarizes the trainee with the use and limitation of the analytical instrumentation available at the Western Laboratory. Though one or two “senior” chemists lead the training, other staff chemists assist by providing specialized training in the analytical and instrumental methodology for particular drugs. Over the past 12 years, the author has developed and refined the clandestine phenethylamine laboratory investigation and analyses portion of the Western Laboratory’s training program. This section gives the new chemist the basic knowledge, skills, and techniques necessary to investigate, analyze, and testify about clandestine phenethylamine laboratories seized in the Western Laboratory’s nine state service area. The training features classroom lecture with handouts, hands–on syntheses and sampling, hands–on analytical methodology, a written examination, group and individual project assignments, and an oral presentation of analytical findings. This presentation will discuss the clandestine phenethylamine training designed by the author. The author will provide a critical assessment of the success of the training to date and offer suggestions for developing similar training programs for individual laboratories.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION “CCI Course C 201: Clandestine Laboratory Analysis and Synthesis” Jerry Massetti, CA State Dept. of Justice, California Criminalistics Institute, Sacramento, CA The Clandestine Laboratory Analysis and Synthesis Class has been part of the CCI chemistry program for 13 years. Laboratory exercises direct students to prepare precursors and to synthesize methamphetamine by several methods. Over the course of the reactions, students collect samples and prepare them for analyses. Group discussions about and comparisons of reaction efficiency, synthetic methods, sample preparation techniques, instrumentation and analytical results follow. Synthetic routes of other controlled substances also are presented, along with fundamental principles applicable to most syntheses of controlled substances. These include legal issues, stereochemistry, quantitative concerns, and analytical case approaches. Course subject matter content reflects current issues that confront clandestine laboratory evidence analysts. Such issues include: ✔ shifting synthetic trends used to manufacture drugs clandestinely, ✔ changes in approach used by attorneys, investigators, legislators, ✔ innovations in analytical techniques and improved equipment, ✔ practices and requirements imposed by accrediting bodies or developers of laboratory protocols, and ✔ availability of instructors. CA DOJ relies on supervisors and senior criminalists to provide comprehensive individual training appropriate for specific jurisdictional requirements of its ten regional laboratories. The analysis and synthesis class complements a general training plan for CA DOJ criminalists. It is a core component of the training curriculum for California State Department of Justice (CA DOJ) criminalists assigned to clandestine laboratory duties. Prior to clandestine laboratory analysis training, laboratory analysts must train, and demonstrate proficiency, in basic analysis of controlled substances. Other CCI courses assist achievement of basic drug analysis proficiency. These courses address basic controlled substances analysis, instrumental analytical techniques, mass spectra theory and interpretation, interpretation of infrared spectra, courtroom testimony, and technical writing. Clandestine laboratory scene responders must complete annual safety certification training and monitoring, which includes baseline physical examination and APR fit check. First aid and CPR training are optional, so long as other scene response team members have completed first aid and CPR certification. Annually scene responders receive a refresher class, a physical examination, and an APR fit check. A clandestine laboratory supervisor’s course is provided to supervisors of clandestine laboratory scene responders at their option.

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Students from all public California crime laboratories are admitted to the class with their manager’s approval and as space allow. Students from outside of California are also accommodated when space becomes available. “National Forensic Laboratory Information System” Liqun Wong, Program Officer, Drug Enforcement Administration, Office of Diversion Control, Drug & Chemical Evaluation Section, Washington, DC 20537 National Forensic Laboratory Information System (NFLIS) is a DEA program that systematically collects results from drug chemistry analyses conducted by State and local forensic laboratories across the country. NFLIS is a unique source of information for monitoring and understanding drug abuse and trafficking in the United State, including the diversion of legally manufactured drugs into illegal markets. Findings from NFLIS can also supplement existing drug data sources including information from demand–side survey and drug testing programs. NFLIS presents the laboratory results validated by chemical analysis that have highest degree of validity. As such, there are tremendous benefits associated with NFLIS, a national drug forensic laboratory reporting system that provides timely and detailed analytic results of drug seizures. Established in September 1997, NFLIS has become a fully operational system and is moving toward full national coverage. As of June 2003, 36 state lab systems and 56 local lab systems representing 192 individual labs, were participating in NFLIS. In 2002, a total of 1,034,032 analyzed drug items were reported to NFLIS. Results from the NFLIS can serve multiple audiences, including forensic laboratories, policymakers, local, state, and federal law enforcement personnel, intelligent analysts and researchers. NFLIS results are made available through quarterly, semi-annual and annual reports. These reports provide statistically representative national and regional drug item estimates for the most frequently identified drugs. These reports also include findings on major drug categories such as narcotic analgesics, benzodiazepines, club drugs, anabolic steroids, and stimulants. In addition, the reports also provide summary on commonly reported drug combinations, drug purity reported among selected labs, and drugs identified in strategic geographic locations as well as major metropolitan areas. NFLIS database is also available through the Interactive Data Site (IDS) to participating lab, individuals in DEA and other drug control agencies. The IDS is secured website that is accessible through a direct dial–in connection currently and will be migrate to a secured website on Internet by October 2003. The IDS combines timely and detailed data analyses with flexible, user-friendly features. It allows user to run parameterized queries against the NFLIS database in a near real–time capacity. The IDS users can specify the time period, region, type of laboratory, and drug type in order to customize these queries.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION NFLIS is enhancing DEA resources for carrying out its core mission. The NFLIS data system will improve our ability to track national, regional and local drug abuse patterns, including providing timely and geographically specific information on emerging drug problem. Over the next several years, the DEA will seek to expand the NFLIS project to including all state, local, and federal laboratories that perform drug chemistry analyses. “Anatomy of a ‘Foxy’ Tableting Operation: From Routine Undercover Investigation to Unprecedented Federal Court Ruling” Charlie Fishel, NCIS Regional Forensic Laboratory, Norfolk, VA; and Laura P. Tayman, Assistant U.S. Attorney, Eastern District of Virginia, Norfolk, VA In January 2002, agents from the Naval Criminal Investigative Service (NCIS) Field Office in Norfolk, Virginia, began what was to be a routine undercover investigation into MDMA distribution among service members in the local area. The results were far from what was expected. Analysis of initial buys of tablets and capsules indicated the presence of 5–Methoxy–N,N–diisopropyltryptamine (“Foxy”) and alpha–methyltryptamine (AMT). Additional intelligence gathering revealed that one individual was suspected of purchasing pure “Foxy,” AMT, compounding materials, and a tablet press from internet sources. Two other individuals were suspected of distribution. Raids occurred upon two dwellings in March 2002. Among the items recovered were the following: 1) 878 “Foxy” tablets; 2) 535 AMT tablets; 3) 76 MDMA tablets and capsules; 4) 211 grams of 98% pure “Foxy;” 5) 10 kilograms of tablet compounding materials; and 6) one single–station motorized tablet press. The true challenge in this case was its prosecution. Two suspects plead guilty to charges of conspiracy to distribute and possession with the intent to distribute controlled substance analogues (“Foxy” and AMT) and maintaining a drug–involved premise. However, the third suspect (the tablet manufacturer) elected to challenge the classification of “Foxy” as a controlled substance analogue and the constitutionality of the Federal Controlled Substance Analogue statute. A two–day motion hearing was held in U.S. District Court, Norfolk, Virginia. This was to be the first case argued before a U.S. federal court judge to consider “Foxy” as a controlled substance analogue. For this presentation, the NCIS forensic chemist will discuss the analysis of the evidence submitted, and the sources of “Foxy,” tablet compounding materials, and tablet press. The U.S. attorney will discuss the lengthy preparations in acquiring the evidence, witnesses, and experts needed to substantiate the three prongs of the Analogue statue.

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“The Diversion Of Law Enforcement Seized Hazardous Waste The “Innovative Waste Utilization” Investigation” Detective Daniel Toulouse, Tucson Police Department, and S/A John Murphy, US Drug Enforcement Administration, Mesa, AZ This case study will cover a two–year combined state and federal investigation into a hazardous waste Treatment, Storage and Disposal Facility (TSDF) and its employees who were responsible for the diversion of several hundred pounds of law enforcement–seized hazardous waste from clandestine methamphetamine laboratories. In addition, nineteen state and three federal search warrants were executed in the Phoenix (Arizona) metro area; two search warrants were served on IWU’s corporate headquarters in Montclair, California; 11 search warrants were served in Dayton, Ohio; and one search warrant was served in Greeley, Colorado. The investigation utilized many techniques including surveillance, undercover buys, court–authorized video surveillance, and court–authorized Title III wiretaps. During the investigation it was learned that employees of Innovative Waste Utilization, several of whom were identified as members or associates of five separate Mexican street gangs, were engaged in the illegal diversion of law enforcement seized hazardous waste chemicals used in the manufacturing of methamphetamine. It was determined that a conservative estimate of 500 pounds of methamphetamine could have been manufactured by the illegal diversion of chemicals. Numerous environmental violations were also uncovered during the investigation. The state grand jury returned indictments against 56 defendants, including Innovative Waste Utilization as the lead defendant, involving 511 felony counts to include Conspiracy, Illegally Conducting an Enterprise, Use of Wire Communications Facility to Facilitate a Drug Felony, Possession/Sale/Transfer of Marijuana, Possession or Sale of Precursor and Regulated Chemicals, Possession or Sale of Dangerous Drugs, Possession of Narcotic Drugs, Bribery of Public Servant, Fraudulent Schemes and Artifices, Fraudulent Schemes and Practices, Money Laundering, Misconduct Involving Weapons, and Possession of Drug Paraphernalia. Seven defendants were indicted by the federal grand jury. “Canadian Precursor Control Regulations” Theresa Schopf, Office of Controlled Substances, Health Canada The Government of Canada has developed new Precursor Control Regulations (PCR), under the Controlled Drugs and Substances Act, to establish more effective measures to monitor and control precursor chemicals used in the manufacture of illicit drugs. The new regulatory framework was designed to fulfill Canada’s international obligations under the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 (88 Convention) and establish

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION more effective measures to monitor and control the movement of precursor chemicals in an effort to minimize the diversion of these chemicals to clandestine laboratories and their use in the manufacture of illicit drugs. At the same time, they strive to minimize the impact on the legitimate trade and use of precursor chemicals such as those commonly used in homes, businesses, hospitals and schools (e.g., cleaning solvents, fragrances, paint, etc.). The main components of the regulations include: a license and permit scheme for the import and export of Class A precursors (Table I chemicals and three chemicals found in Table II of the 88 Convention), as well as a license requirement for their production, packaging, and sale; a registration and export permit scheme for Class B precursors (the remaining Table II chemicals); and general record keeping and reporting requirements for both Classes. A phased–in implementation plan began on January 9, 2003, when the most urgent component of the regulations, the license and permit requirement for the import and export of Class A precursors, and the license requirement for their production and packaging, came into force. The license requirement for the sale and provision of Class A precursors, which controls domestic distribution, came into force July 7, 2003. The regulations governing Class B precursors will come into force on January 1, 2004. “International Control of Precursor Chemicals” Liqun L. Wong, Drug Enforcement Administration, Office of Diversion Control, Drug and Chemical Evaluation Section, Washington, DC 20537 The United States is one of the 162 signature parties to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. The 1988 Convention article 12 requires Governments to have adequate legislation in line with the United Nations 1988 Convention and effective working mechanisms, as well as information feedback procedures to be followed by the authorities involved with the control of precursor chemicals. To fulfill U.S. treaty obligations, Drug Enforcement Administration is designated as competent authority to collect and report data on substances frequently used in the illicit manufacture of narcotic drugs and psychotropic substances (Form D) to the UN. Collected information includes manufacturing, importing, exporting, and trans–shipment of these precursor chemicals, unusual trade patterns and suspicious transactions, and common concealment of illegal shipments. In addition, U.S. government also reports seizure data on clandestine laboratories and precursor chemicals, including all Listed Chemicals under the CSA, emergent trends and alternative methods in clandestine manufacturing, investigational techniques and successful prosecutions. In the United States, during 2001, there were a total of 13,042 seized clan labs, which is 47% increase compared to the previous year. The most serious clandestinely manufactured drug continues to be methamphetamine, and there was also noticeable

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increase in MDMA lab seizures. Twenty two (22) tons, including 61 millions tablets of ephedrine/pseudoephedrine were seized. The increase in amount of MDMA precursor chemicals seizure, safrole in 114 liters, 3,4–MDP2P in 14 liters, coincided with the increasing seizure of MDMA labs. The International Narcotics Control Board (INCB), commissioned by the Economic and Social Council of the United Nation, reports annually on the implementation of the article 12 and reviews the adequacy and propriety of Table I and II chemicals. In 2000, base on the reports from 162 States, represents 85% of all countries in the world, there was largest ever increase seizure of ATS precursor chemicals, such as ephedrine/pseudoephedrine, P2P, 3,4–MDP2P, and safrole. More than 62,000 kilos of ephedrine/ pseudoephedrine, 14,000 liters of 3,4–MDP2P and 39,000 liters of safrole were seized. Diversion of controlled chemicals are becoming increasingly sophisticated, employing tactics like using the identities of legitimate companies with licit requirements for these chemicals, relying on corrupt employees of chemical companies, and place orders for chemicals through third country brokers. Due to the collaboration of international communities and support from the United Nations International Drug Control Program (UNDCP), the customs Cooperation Council (also known as the World Customs Organization) and the International Criminal Police Organization (Interpol), Operation Purple and Operation Topaz has achieved great success since their initiation in 1999 and 2001 respectively. An new international collaboration, “Project Prism” was initiated in June, 2002, to deal with the increasing international ATS abuse problem and those precursor chemicals diversion. “The Cocaine Signature Program” John F. Casale, DEA – Special Testing and Research Laboratory, Dulles, VA In 1997, the DEA’s Special Testing and Research Laboratory began an in–house Cocaine Signature Program (CSP) to identify trends in cocaine processing. Each year, through the CSP, in-depth chemical analyses are performed on over 2500 cocaine HCl exhibits obtained from bulk seizures throughout the United States. The program also examines cocaine exhibits seized throughout the world. Additionally, samples of solvents, reagents, and other materials seized from South American illicit cocaine laboratories are examined. Analytical methodologies developed at SFL–1 give evidence of how and where coca leaf was processed to cocaine base (geographical origin), and how and where cocaine base was converted to cocaine hydrochloride (processing origin). Correlated data from the seizures are reported to the counter–drug community on a quarterly basis. State–of–the–art scientific methods at SFL–1 can determine both the geographic origin (country) of the coca leaf and the region of hydrochloride conversion with a confidence level exceeding 95%. Determination of the geographical and processing origins of illicit cocaine exhibits provides valuable information to

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION the counter–drug intelligence community and U.S. policymakers. Intelligence information derived from this program enables the law enforcement community to determine cocaine distribution and trafficking routes throughout the world, and determine where cocaine base is specifically produced in the Andean Ridge. “Illicit Cocaine Production” John F. Casale , DEA – Special Testing and Research Laboratory, Dulles, VA The predominant methods currently utilized in South America for illicit production of cocaine are presented. These include the production of cocaine base from coca leaf by both the “Solvent Method” utilized in Colombia and the “Acid Method” utilized in Peru and Bolivia. The Colombian method for conversion of cocaine base to cocaine HCl is also addressed. The presentation is an update of illicit cocaine processing methodologies presented at the 1996 CLIC Technical Training Seminar. “Drug Yield Calculator Version 4.0” John Hugel, Drug Analysis Service, Health Canada; C/M Terry Evoy, R.C.M. Police, Kingston Detachment; and Sgt. Mark Pearson, R.C.M. Police, Kingston Detachment The Drug Yield Calculator is a bilingual (English and French) stand alone computer program to calculate illicit drug yields given an amount of precursor and a known reaction. Figures in the program have been obtained from published literature, from knowledgeable chemists, and the American Sentencing Commission. A street value calculator will determine the monetary value of the potential yield. Extensive help files and a Drug Identification Assistant are available to assist users in obtaining results. Version 4.0 offers several improvements over previous versions. In particular: ✔ liquids can be input in weight or volume; ✔ liquid products (MD–P–2–P and P–2–P) are expressed in weight or volume; ✔ a Theoretical / User Yield method has been added to most modules; ✔ a P–2–P (BMK) module has been added which includes 2 methods plus the Theoretical / User Yield method; ✔ a method has been added to the MDMA from MD–P2P (PMK) module; ✔ yield factors for some intermediates have been added to the References document; ✔ the report format is now Acrobat .pdf; ✔ the method window displays one method only. A review of the use of the calculator as well as a description of the improvements, why they were implemented, and how to make use of them will be presented. Installation, supporting documents, limitations, and planned improvements will be outlined. Setup,

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Readme, and History files for the calculator, a copy of Acrobat Reader 5, and a copy of the PowerPoint presentation are included in the CD distributed at the meeting. “Phenethylamine and Tryptamine Analog Laboratory Seized” Harry Skinner, Senior Forensic Chemist, DEA Southwest Laboratory, Vista, CA In September, 2002 after a long investigation a controlled substance analog laboratory was seized in Las Vegas, Nevada. Chemists from the DEA Southwest Laboratory and the Las Vegas Metropolitan Police Laboratory participate in the seizure. The laboratory was seized after the operator of the clandestine laboratory received a shipment of the controlled substance diethyltryptamine. Up until then the only documented activity involved the analog compounds. The operator was also the owner of the Internet chemical company Western Biosynthesis. Western biosynthesis mainly sold the precursors and subsequent intermediates to the analog compounds. None of the finished product analogs were listed on the website. Western Biosynthesis also received analog compounds from China as well as manufacturing the analogs. The phenethylamine analog compounds included 2CC (4–chloro–2,5–dimethoxyphenethylamine), 2CT2 (2,5-dimethoxy–4–ethylthio–phenethylamine, and 2–chloro– 4,5-dimethoxyphenethylamine. The N–alkyl tryptamine analog compounds included dipropyltryptamine (DPT), diisopropyltryptamine (DIPT), 5–methoxydimethyltryptamine (5-Meo–DMT), as well as 5–Meo–DPT and 5–Meo–DIPT. The alpha methyl tryptamine analogs included alpha methyltryptamine (AMT) and 5–methoxy alpha methyltryptamine (5–Meo–AMT). Numerous manufactured nitropropene intermediates for methoxy–amphetamines were also seized. Piperonyl acetone and gamma methyl–MDMA were also seized. The phenethylamines were manufactured from the aldehydes via the nitrostyrene intermediates. The N–alkyl tryptamines were manufacture from the indoles via the glyoxylamide intermediates. The alpha methyl tryptamines were manufactured via the indole-3-carboxaldehyde precursor via the nitropropene intermediates.

TECHNICAL PAPER PRESENTATIONS “Determination of Carbon–14 in Methamphetamine by Liquid Scintillation Counting” Tohru Kishi, Hiroyuki Inoue, Yuko Iwata and Tatsuyuki Kanamori, National Research Institute of Police Science, Kashiwa, Chiba, Japan, 277–0882 Methamphetamine is one of the most popular abused drugs in Japan. Most seized methamphetamine in Japan was the d–isomer manufactured by the reduction of l–ephedrine from Ephedrae

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION herb. Recently, there are some seized cases containing l– or mixture of d– and l–methamphetamine. This fact means that the precursor is not natural l–ephedrine. In order to determine the origin, we have investigated analysis of carbon–14 in methamphetamine by Accelerator Mass Spectrometry (AMS). However this method is not convenient, because of the cost. So we investigated the convenient method for measurement of carbon–14 by liquid scintillation counter. The counting rate of carbon–14 is expected about 10 counts per 1g of methamphetamine hydrochloride. Methamphetamine hydrochloride was dissolved in water. Adding sodium hydroxide to the solution, oily methamphetamine free base was separated as upper layer. This free base liquid was mixed with liquid scintillation cocktails. in standard 20 ml LSC polyethylene vial. Carbon–14 concentration was determined by liquid scintillation counting. As a result, carbon–14 was detected in the seized sample and we assumed that precursor of the methamphetamine was l–ephedrine from Ephedrae herb in this case. On the other hand, no carbon–14 was detected in d,l–methylephedrine as expected. Therefore, this LSC method is useful to identify the origin of precursor of methamphetamine.

“Clandestine Ammonia Generation” Eric C. Person, Ph.D., Lori A. Knops, and David M. Northrop, Ph.D., Washington State Patrol Marysville Crime Laboratory, Marysville WA Northwest Washington has seen an explosion of clandestine methamphetamine laboratories where ammonium sulfate fertilizer is alleged to be used to generate ammonia. Recipes for ammonia generation are available on the Internet. Many of these recipes also report adding pseudoephedrine dissolved in an alcohol to the reaction without first evaporating the solvent. Determining whether these recipes will work amounts to determining if it is important for the ammonia used to be anhydrous. In our investigation of the feasibility of these recipes we address tolerance of this reaction to the presence of water, methanol, or isopropanol.

MTQ CALCULATOR V5.0 RICO WARMENHOVE, PRINCIPAL FORENSIC ANALYST Forensic Science Laboratory – Western Cape Cape Town, South Africa E-mail: [email protected] ✔ A chemical identifier that determines if a chosen chemical can be a precursor, reagent or solvent in the synthesis of MTQ ✔ Logo index, which presents the tablet logos per code. ✔ A number of handy tools including a Volume/Mass Conversion Tool, a Sample Calculator and a Partial Volume Calculator. ✔ MTQ information at the click of a button. ✔ Important information, such as the safety ratings of relevant chemicals. ✔ An integrated and easy to use help function.

INTRODUCTION MTQ Calculator is a program designed to assist the investigator of clandestine methaqualone (MTQ) laboratories. It is a tool that can be used in the laboratory as well as on a portable computer to assist the investigator on the clandestine laboratory scene.

COMPONENTS The following are the main components of the program: ✔ A choice of four of the most popular clandestine MTQ synthesis methods. ✔ Method descriptions, possible reagents and solvents, and reaction schemes. ✔ A calculator for each of the available methods. ✔ Precursor information including synonyms, structures and mass spectra. ✔ A precursor calculator that calculates the amount(s) of precursor(s) needed for a known amount of MTQ.

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A small selection of program components for illustrative purposes. Program Main Interface MTQ Calculator has an easy to use windows interface with the most popular program options presented by iconized command buttons.

2003 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 13 NUMBER 4 — OCTOBER 2003

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Partial Volume Calculator Easily determines the volume of liquid present in a round bottom flask and Erlenmeyer flask if certain measurements are made and the figures entered.

MTQ Calculators This part of the program calculates the amount of MTQ product from known precursor amount(s). The abundant and limiting precursors are determined as well as theoretical MTQ producible from the abundant precursor. It also calculates the required precursor amount(s) for one known precursor amount. The user also has the option to choose the % yield he /she is comfortable with as this is a much disputed subject.

THE FUTURE A number of improvements and additions are being planned for future versions. This will include the addition of other drugs. Methcathinone as an addition to the program is currently in the planning phase and form designs reflecting this have been added to the program.

ACKNOWLEDGEMENTS My thanks to the following individuals for their contributions and suggestions: Ettiene van Zyl, Forensic Science Laboratory, Pretoria Casper Venter, Forensic Science Laboratory, Western Cape John Hugel, Health Canada

Chemical Identifier A useful tool to determine if a chosen chemical can be a precursor, reagent or a solvent in the synthesis of methaqualone.

VOLUME 13 NUMBER 4 — OCTOBER 2003

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

ANALYSIS OF LITHIUM, SODIUM, AND POTASSIUM VIA FTIR–ATR: AN EXAMINATION OF SUBTLE SHIFTS IN CARBONATE AND HYDROXIDE ION SPECTRA BARRY MILLER AND REBECCA GAXIOLA California Department of Justice Bureau of Forensic Services, Redding Regional Laboratory 11745 Old Oregon Trail Redding, CA. 96003

INTRODUCTION: Of the many methods for manufacturing methamphetamine, the Birch–Benkeser reaction, commonly referred to as the “Nazi” method, involves several analytical challenges. One of those challenges is the identification of solutions containing lithium salts. Lithium solutions can usually be qualitatively identified using an open flame by observing a bright crimson color [1]; however, other metals in the sample may mask the color and render the results uninterpretable. Lithium is not detectable by Energy Dispersive X–ray analysis (XRF–EDX). Instrumental methods commonly used for analysis of lithium include Atomic Absorption Spectroscopy (AAS) and Atomic Emission Spectroscopy (AES). Some AES instrumentation, such as Inductively Coupled Plasma (ICP), Inductively Coupled Plasma–Mass Spectrometry (ICP-MS), and Direct Current Plasma (DCP), can analyze a number of different elements simultaneously [2]; while simpler flame AES and AAS instruments can only analyze one element at a time. Unfortunately, some of these instruments are costly and many forensic laboratories do not have access to them. A novel application of Fourier Transform Infrared Spectroscopy using an Attenuated Total Reflectance sampling stage (FTIR–ATR) is presented as an alternative to instrumentally identify ionic lithium.

EXPERIMENTAL: Solutions of sodium hydroxide (NaOH), potassium hydroxide (KOH) and sodium carbonate (Na2CO3) were prepared from stock dry chemicals. Lithium hydroxide (LiOH) was prepared by dissolving a small strip (approximately 1.0 cm2) of lithium metal in water. The solutions were then taken to dryness on a hot plate forming the respective solid hydroxide or carbonate salts. The salts were analyzed with a Nicolet Avatar™ 360 Fourier Transform Infrared Spectrophotometer (FTIR); the single reflectance Attenuated Total Reflectance (ATR) sampling attachment utilized a zinc selenide crystal. Immediately prior to analysis, the samples were oven–dried at 80°C, to minimize interfering peaks from moisture. They were analyzed at approximately 1, 2, and 48 hours after preparation to observe carbon dioxide uptake; representative data for the 2 hour and 48 hour intervals are presented (Figure 1 a, b, and c; Figure 2) as spectra obtained after 2 hours or more showed no variation or interference from water vapor. Significant interference due to water vapor was observed in spectra obtained

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at one hour (data not shown). A mixture of LiOH and NaOH (1:1 by volume) was prepared and analyzed to determine if samples in which the chemicals were mixed (i.e. mixed with lye) could be distinguished (Figure 3). Results were recorded in inverse centimeters vs. percent (%) reflectance. In the case of KOH, the results were initially recorded in inverse centimeters vs. % reflectance and during the course of examining the spectra, the results were converted to % transmittance; however, both are mathematically equal [3]. Any residual carbon dioxide that was not eliminated in the background subtraction performed by the instrument was further subtracted to remove it from the spectrum. The concentration of aqueous solutions of LiOH, NaOH and KOH were not measured since analysts do not have control of concentrations recovered from clandestine laboratories.

RESULTS AND DISCUSSION: Attenuated Total Reflectance (ATR) is well documented; in brief, a single beam is reflected through a crystal–sample surface and % reflectance is measured [3]. Spectra obtained by ATR tend to skew towards the lower wave numbers. The automatic correction provided by Nicolet® to correlate spectra obtained from ATR and transmission FTIR was not used because the correction increases the % reflectance for higher wave numbers outside of the fingerprint region (1500–600 cm-1) and all of the peaks of interest with the exception of the OH stretch are in the fingerprint region of the spectrum. During methamphetamine manufacture using the “Nazi” method, aqueous LiOH solutions may be encountered. Drying the solution produces a white, dehydrated LiOH precipitate. The same process occurs with sodium (Na) and potassium (K). Lithium, sodium, and potassium hydroxide are known for their ability to absorb carbon dioxide from the air [4]. The dried hydroxide precipitate absorbs carbon dioxide (CO2) from the atmosphere and forms a CO3–OH mixture. The resulting CO3–OH mixture can be analyzed via FTIR–ATR. By observing the slight shifts that take place in the carbonate ion spectra, and the hydroxide ion spectra for monohydrated samples, the Li, Na, and K carbonate salts within the CO3–OH mixture can be distinguished from one another. FTIR–ATR analysis of the mixture reveals data consistent with standard stock carbonate spectra (Figure 1b and 2). Closer

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VOLUME 13 NUMBER 4 — OCTOBER 2003

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION examination of Li, Na, and K spectra show subtle changes in peak wavelengths depending on the metal cation bonded to the carbonate ion (Table 1). The stretching and deformation modes for OH and CO3 are documented (5). Reasons for the subtle shifts in Li2CO3, Na2CO3, and K2CO3 salts analyzed in Nujol using dispersive IR have also been discussed [8]. Li υOH υCO3

2-

(asymmetric C–O Stretch) 2υCO3 (symmetric C–O Stretch) 2υCO3 (out–of–plane deformation) 2υCO3 (in–plane deformation)

Na

K

†

3675

3575

†

3500†

1420

1420

1390

1087

*

1060

860

878

879

*

701

685

Analysis of lithium with standard forensic instrumentation can be problematic. Although lithium carbonate and lithium hydroxide cannot be distinguished from one another by FTIR–ATR alone, they can be distinguished from Na and K carbonate–hydroxide salts. FTIR–ATR combined with scene investigation and traditional chemical methods (i.e. pH and flame tests) are adequate to confirm the presence of lithium metal or lithium hydroxide in clandestine laboratory analysis.

ACKNOWLEDGMENTS: Thanks to Dr. Robert Julian of Wisconsin State University, Synchrotron Radiation Center, Frank Maeda of Wah Chang Analytical, Anna Breedlove of the CA. DOJ Redding Regional Laboratory, Matt Kirsten of the CA. DOJ Eureka Regional Laboratory and Stephen Bentley of the CA. DOJ Chico Regional Laboratory.

Table 1: Wavenumber (cm-1) of absorption bands for OH-CO3 samples. *Not observed for this sample. † Only observed in monohydrated samples. Peak is medium intensity but sharp.

REFERENCES: 1. 2.

Analysis of the absorption bands indicates that when carbonate ion complexes to Li, Na, and K, subtle shifts occur in the asymmetric C–O stretch and the out–of–plane deformation of the carbonate ion. The primary peak at ~1420 cm-1, from the asymmetric C–O stretch, does not vary significantly between Li and Na but demonstrates a significant downshift to ~1390 cm-1 in K. Out–of– plane deformation at ~880 cm-1 does not vary significantly between Na and K but demonstrates a significant downshift to ~860 cm-1 in Li. Li exhibits a small, sharp peak for symmetric C–O stretching at 1087 cm-1 while Na does not show a peak and K has a downshift to ~1060 cm-1 (Figures 1a, 1b, 1c). Na exhibits a small, sharp peak at ~701 cm-1 while Li shows no peak and K has a downshift to 685 cm-1. Based on the observed peaks it is possible to distinguish between the three cations (or salts) by FTIR–ATR. In samples that were heated to dryness on a hot plate prior to oven drying at 80°C the monohydrate of the sample was observed [6]. Li, Na and K exhibited a medium, sharp peak at ~3675 and ~3575 and ~3500 cm-1 respectively. These peaks were not observed in oven–dried samples, as it is representative of OH stretching observed in monohydrated samples [7]. However, in monohydrated samples, these peaks also demonstrate shift based on the bonded metal. The mixture of LiOH and NaOH could be distinguished. Peaks from both compounds resulted and peak splitting was observed in the out–of–plane deformation area (~860–880 cm-1)(Figure 3). It should be noted that Nicolet does not recommend prolonged exposure of the zinc selenide crystal to strong acids or bases, as it will cause degradation of the crystal [3].

VOLUME 13 NUMBER 4 — OCTOBER 2003

CONCLUSION:

3. 4. 5.

6.

7.

8.

CRC Handbook of Chemistry and Physics, 71st ed.; Lide, D.R., Ed.; CRC Press, Inc.: Boca Raton, 1990. Personal communication with Spectroscopy Supervisor Frank Maeda of the Wah Chang Analytical Laboratory. Thermo–Nicolet online user’s manual, 2001. The Merck Index, 11th ed.; Budavari, S., Ed.; Merck & Co., Inc.: Rahway, N.J., 1989. Oohira, S., Kakihana, M., Fujii, Y., Nagumo, T., and Okamoto, M., “Spectroscopic Analysis of Lithium Hydroxide and Carbonate in Solid State Lithium Oxide,” Journal of Nuclear Materials, Vol. 133 and 134, 1985, p. 201–204. Harmon, K.M., Günsel, A.F., Duffy, D.L., and Janos, M.S., “Hydrogen Bonding Part 31. IR and Thermodynamic Evidence for Unusual Hydrogen Bonding in the Higher Alkali Metal Hydroxide Monohydrates,” Journal of Molecular Structure, Vol. 216, 1990, p. 63–76. Hermansson, K., “From Cluster to Crystal: Ab Initio Calculations of the OH- Frequency in Lithium Hydroxide Monohydrate,” Chemical Physics, Vol. 159, No. 1, 1992, p. 67– 73. Miller, F.A. and Wilkins, C.H., “Infrared Spectra and Characteristic Frequencies of Inorganic Ions, Their Use In Qualitative Analysis,” Analytical Chemistry, Vol. 24, No. 8, Aug. 1952, p. 1253–1294.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 100 LiOH heated 2 hrs at 80C 98

94

1a

1087.56

96

92 90 88

%Reflectance

86 84 82 80 78 76 74 860.21

72 70 68 66

2000

1500

1416.88

1000

2000

1500

1420.93

64

1000

62 3500

3000

2500 Wavenumbers (cm-1)

100 NaOH Dried 48 hrs 80C 98

94 92

701.59

96

1b

90 88

%Reflectance

86 84 82 80 78 76 877.86

74 72 70 68 66 64 62 3500

3000

2500 Wavenumbers (cm-1)

95

1c

684.97

90

1060.27

1653.08

100 KOH Dried 2 hr 80C

85

75 70

60 55 50

Figure 1 a,b and c: FTIR–ATR Spectra of dried Li, Na, and KOH. Spectra labels represent the original metal hydroxide complex dried down for analysis. Peaks present are due to various bending and stretching modes of carbonate ion resulting from absorption of CO2 from the atmosphere.

879.71

65

45 3500

3000

2500

2000

1500

1389.35

%Transmittance

80

1000

Wavenumbers (cm-1)

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VOLUME 13 NUMBER 4 — OCTOBER 2003

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 100 NaCO3 2 hr 80C

701.58

95

90

%Reflectance

85

80

75

877.68

70

65

55 3500

3000

2500

2000

1500

1420.06

60

1000

Wavenumbers (cm-1)

Figure 2: FTIR–ATR spectra of stock sodium carbonate demonstrating that peak frequencies observed in dried stock sodium hydroxide are consistent with carbonate ion from carbon dioxide absorption from atmosphere.

Figure 3: FTIR–ATR spectra of a homogenous mixture of NaOH and LiOH demonstrating peak splitting in the 860 cm-1 to 878 cm-1 region. 1087 cm-1 and 701 cm-1 are also indicative of lithium and sodium respectively.

VOLUME 13 NUMBER 4 — OCTOBER 2003

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

WANT A FREE COPY OF THE JCLIC ARCHIVES CD-ROM? Your submission of information to the CLIC Journal may qualify you for a free copy of the new JCLIC Archives on CD-ROM. The CD, a US$125 value, will be presented to those reports and/or papers which the Editorial Secretary feels make a significant contribution to the field. For more information, contact Editorial Secretary Rachel Cutler at (208) 884-7171.

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2003 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 13 NUMBER 4 — OCTOBER 2003

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 14 NUMBER 2 — APRIL 2004

IN THIS ISSUE ... April Fool’s Joke Aborts Drug Trial .............................................................. 2 DA’s Warning: Get Pseudoephedrine Off Shelves ...................................... 2 Deaths From Crystal Meth Jump At ‘Frightening’ Rate In B.C. .................. 3 Fire Smokes Out Drug–Making Lab ............................................................. 3 Seattle Man Is Charged In Federal LSD Case ............................................. 4 Parents Get Life In Fire Death Of Baby ....................................................... 4 Police Will Pay ESR For ‘Speed Lab’ Costs ................................................ 5 Several Arrests Made In Eastern Oklahoma Methamphetamine Raids ........ 6 Police Bust Drug Ring Operating Out Of Tribal Casino ............................... 6 Lithium – Ammonia Lab Seized In Utah ....................................................... 7 Lab Supplies Go to the Highest Bidder: A Brief Analysis Of Clandestine Methamphetamine Laboratory Supplies And Methamphetamine Precursors Being Sold On eBay® ......................................................... 8 Jeff Borngasser Pseudoephedrine Clean Up; Spray Starch Use ............................................. 9 Linda A. Ashby Mushrooms Or Cacti? ................................................................................. 10 Robert Block Psilocybin Mushroom Cultivation ................................................................. 11 Dan Dimitroff “One-Pot” Methamphetamine Manufacture ............................................... 14 Eric C. Person, Ph.D.; Lori A. Knops, B.S.; David M. Northrop, Ph.D.; and Shawn P. Sheridan  2004 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Association Officers President: Anneke Poortman Forensic Science Laboratory Volmerlaan 17 Rijswijk 2288 GD The Netherlands 31-70-340-8131 Vice-President: David Love DEA South Central Laboratory 10150 E. Technology Blvd. Dallas, TX 75220-4377 (972) 559-7900 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (620) 792-4353 Membership Secretary: Anne Coxon ESR Ltd. Hampstead Rd Private Bag 92-021 Auckland, NEW ZEALAND 64-9-815-3946 US fax: (760) 437-4423 Editorial Secretary: Rachel Cutler ID State Police Forensic Services PO Box 700 Meridian, ID 83680-0700 (208) 884-7171 Past-President: Peter Vallely Centre for Forensic Science PO Box 594 Archerfield Brisbane, QLD 4108 AUSTRALIA 61-73-274-9031 Executive Board Members: Terry A. Dal Cason DEA North Central Laboratory 536 S Clark St Rm 800 Chicago, IL 60605-1509 (312) 353-3640 Laurette Rapp Acadiana Crime Lab 5004 W Admiral Doyle Dr New Iberia, LA 70560-9135 (337) 365-6671

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

APRIL FOOL’S JOKE ABORTS DRUG TRIAL: A THREE–WEEK DRUG TRIAL IN THE NSW DISTRICT COURT COSTING AT LEAST $75,000 HAS BEEN ABORTED OVER AN APRIL FOOL’S JOKE. The Australian April 02, 2004 A judge’s associate today confirmed a jury had been hearing the drug trafficking trial of two people for almost three weeks when it was aborted over the gag yesterday. She would not elaborate on the nature of the joke but it is believed a juror told the other 11 members before entering the court room that the pair had changed their plea. After the others expressed their astonishment he announced it was an April Fool’s prank but 15 minutes later he retold the joke to a court officer in the jury room. The court officer allegedly told the judge who released the jury and ordered a retrial. The Law Society’s criminal law section chair Pauline Wright said it was risky for jurors to make jokes about the case they were hearing. “In general juries have got a really important function to serve and they really have to take it seriously,” she said. “Even a small slip like making a joke over whether a defendant pleaded guilty, which is not true, could result in very serious difficulty which could cost the court time and money.” She said a court case normally cost at least $5000 a day, which mean the one aborted would have cost taxpayers about $75,000. While jurors were instructed on the responsibility involved in their task it was unnecessary to give them a specific warnings about jokes, Ms Wright said. “It’s a bit hard to cover everything,” she said. Jury behaviour has been in the spotlight this week after it was revealed the NSW Sheriff’s office is investigating claims two jurors hearing a trial of convicted gang rapist Bilal Skaf conducted their own crime scene experiments during jury deliberations. Skaf and his brother Mohammed Skaf have used the investigation as grounds for an appeal against their convictions and sentences for a string of gang rapes in Sydney’s west in 2000. The brothers have taken their appeal to the NSW Court of Criminal Appeal.

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DA’S WARNING: GET PSEUDOEPHEDRINE OFF SHELVES KIM MORAVA Shawnee (OK) News-Star April 9, 2004 Grocery, discount and convenience stores that are still selling cold and allergy tablets primarily made with pseudoephedrine are now breaking the state law enacted Wednesday. “If I see it on the shelves, I will prosecute you,” District Attorney Richard Smothermon said Thursday after hearing that some stores were continuing to sell the tablets Thursday. “This is a warning — get it off your shelves...now!” Gov. Brad Henry signed HB 2176 Wednesday, a bill banning store sales of the tablet form of pseudoephedrine, found in decongestants like Sudafed and Claritin-D. That law became effective 2 p.m. Wednesday. An emergency clause was enacted, so from the moment of the bill’s signing, it was illegal for any business with a non-licensed pharmacist to sell the tablet form. Stores with pharmacies can continue to sell the medications in limited amounts to people with photo IDs and a signature, but the tablets must be placed behind the pharmacy counter. On Thursday, local drug agents in the Pottawatomie County area learned there were several stores still selling the tablets, despite the new law. They said delaying compliance to the new law is just giving meth cooks more time to stock up. Violators who continue to sell the banned medicines can face misdemeanor charges, punishable by one-year in the county jail. Two employees of The Shawnee News-Star visited one grocery, two dollar stores, two convenience stores and one pharmacy location in Shawnee Thursday evening. Both dollar stores had either sold out or completely emptied their shelves of any of the products, and one store had a notice that they are complying with the law. At one local grocery store, there were no tablets with pseudoephedrine, but store brands with the ingredient in liquid gels were present. Liquid capsules are exempt. The convenience stores didn’t have pseudoephedrine items on shelves. But a local pharmacy chain was a meth cook’s dream. It still had plenty of the banned tablets on its shelves for customers to purchase, including Claritin-D and other brands made primarily with pseudoephedrine. That store, with a licensed pharmacist, can continue to sell the products under the new law, but the items should have been behind the pharmacy counter and the pharmacist is required to ask for a photo ID and signature. A store manager said they were waiting orders from their corporate headquarters on how to comply and referred the NewsStar to its corporate office, where a voice message was left. The manager did say the new law is confusing, and she thought the store would have 30 days to figure out what to do. Stores with pharmacies must move the items behind the counter and follow the photo ID and signature procedures.

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VOLUME 14 NUMBER 2 — APRIL 2004

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Smothermon said he will allow convenience and grocery stores to have pseudoephedrine tablets in storerooms for up to a 30-day grace period to allow them time to return the tablets to the manufacturer. But, he said, those stores must quit selling these products immediately, and they must take the tablets off store shelves. The ease with which meth can be made with pseudoephedrine tablets resulted in meth lab sprouting up across the state. Ten years ago, there were just a few labs, but in 2003, 1,300 labs were dismantled. Gov. Henry calls this bill “model legislation.” “I believe it will reduce the number of Oklahomans who are addicted to this devastating drug, and it will reduce the risk of law enforcement officers who endanger their lives every time they stop someone for speeding or walk into a house to dismantle a lab,” Henry said at Wednesday’s signing. Authors of the bill were Sen. Dick Wilkerson, D-Atwood and Rep. John Nance, R-Bethany. It was originally named the Trooper Nik Green Act for an Oklahoma Highway Patrol trooper shot and killed in Cotton County last December during a meth investigation. The measure was renamed in committee to include the names of two more OHP troopers, Rocky Eales and Matthew Evans. Eales was killed in 1999 drug raid in Sequoyah County and Evans died when a known meth user crashed into a police vehicle in Oklahoma City.

Two of this year’s methamphetamine deaths occurred in the Lower Mainland, two on Vancouver Island, one in the Fraser Valley and one in the Interior. About 68 per cent of methamphetamine deaths were classified as accidental and 84 per cent occurred in the same region where the deceased lived. Police say the highly addictive drug has become more widespread among teens in B.C. because of its low cost – $10 for one-tenth a gram, referred to among users as a “point.” The drug is so cheap that some drug dealers are giving out a half point free to high school students to ensure a steady supply of future customers. Three years ago the samples of synthetic drugs seized from rave parties and night clubs showed 40 per cent contained crystal methamphetamine. Last year the drug was in 58 per cent of samples and this year it was in 65 per cent of samples, police said. Victoria city council agreed last week to push for a joint emergency meeting with the Greater Victoria school board to discuss the emerging crystal meth problem threatening young people. Dr. Doug McGhee, a Victoria-based family doctor who specializes in inner city youth medicine, recently helped create a 22–minute video called Reduce Speed, which profiles kids addicted to crystal methamphetamine. He came up with the idea while studying inner city youth medicine at the University of B.C. He gave video cameras to some of the Victoria kids he had met on the streets who were addicted to the drug, allowing them to tell their personal stories about how the drug affected their lives.

DEATHS FROM CRYSTAL METH JUMP AT ‘FRIGHTENING’ RATE IN B.C. NEAL HALL

FIRE SMOKES OUT DRUG–MAKING LAB

The Vancouver Sun Tuesday, March 16, 2004

MICHELLE EVERHART

The number of methamphetamine deaths in B.C. this year is rising alarmingly, according to statistics released Monday by the office of B.C.’s chief coroner, Terry Smith. Smith called the trend “frightening.” Police say methamphetamine use in B.C. is skyrocketing because the drug is cheap and highly addictive. Last year, there were 12 methamphetamine deaths in the province but already this year there have been six deaths. In 2000, there were only two methamphetamine deaths – one in the Lower Mainland and one in the Fraser Valley. In 2001, there were four deaths, followed by seven in 2002. The chief coroner’s analysis of 31 methamphetamine deaths in B.C. in the last five years shows that the majority of victims were male, with the highest number between 19 and 21 years old, followed by the 22–to–24 and 25–to–27 age groups. The average age was 33, although two male victims this year were 50 and 52. The female victims ranged in age from 27 to 51.

VOLUME 14 NUMBER 2 — APRIL 2004

Springfield (OH) News–Sun April 9, 2004 An early morning house fire led to the discovery of a methamphetamine lab Thursday on East Cassilly Street. Johnny R. Hyde Jr. was treated for second–degree burns at Mercy Medical Center. The 20–year–old was watching Gordon Keith Wade, 37, make the drug in an upstairs bedroom at 703 E. Cassilly St. when a fire started, police said. The fire burned both Hyde and Wade, who live at the house, according to reports. Hyde has been charged with complacency to illegal assembly or possession of chemicals for manufacture of illegal drugs, according to Sgt. Lou Turner. More charges could be filed pending further investigation, he said. Wade has a warrant out for his arrest for illegal assembly or possession of chemicals for manufacture of illegal drugs and aggravated arson, Turner said. Police believe Wade sustained

2004 - Clandestine Laboratory Investigating Chemists Association, Inc.

PAGE 3

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION more severe burns than Hyde but left the scene after the fire started. Another roommate called 911 shortly before 5:30 a.m. from a gas station about three blocks away. He told the dispatcher he wanted to report a house fire. He said there were flames but he thought everyone got out of the house. When firefighters arrived, the flames in an upstairs bedroom had an odd color to them and the smoke did not smell right, Springfield Police Chief Stephen Moody said. Once the firefighters realized they were dealing with a possible drug lab, they secured the area and called police. Federal drug agents from Dayton and Springfield Police Division narcotics officers investigated the house and contents throughout the morning, bringing out dozens of empty cold pill boxes, a gasoline can, and various other items used for making methamphetamine. Methamphetamine is a synthetic, addictive, stimulant that strongly activates certain systems in the brain, according to the National Institute on Drug Abuse. Street methamphetamine is referred to as “speed,” “meth,” and “chalk.” Methamphetamine hydrochloride, clear chunky crystals resembling ice that can be inhaled by smoking, is referred to as “ice,” “crystal,” and “glass.” A methamphetamine lab was discovered in a Northridge subdivision home in October.

SEATTLE MAN IS CHARGED IN FEDERAL LSD CASE MAUREEN O’HAGAN Seattle Times staff reporter Friday, February 06, 2004 A Seattle man who boasts on his Web site about college degrees, fluency in several languages and patents, is facing federal criminal charges for allegedly trying to buy chemicals to make LSD. Glenn C. Slayden, 37, of Seattle, was charged Wednesday with attempted manufacture of LSD and attempted possession of a precursor chemical to the substance. If convicted, he faces a mandatory term of at least 10 years. Slayden is a jazz pianist who has played around the Seattle area, and also runs a Web site that teaches the Thai language. He claims on his Web site to hold several patents as well. According to the federal complaint, Slayden e-mailed an unnamed source in October asking to buy a kilogram of ergotamine tartrate and have it mailed to an address in Bangkok. He wanted to buy it with his Visa card. The unnamed source said the deal could be arranged, but asked that he be paid in “finished product” – that is, LSD, rather than

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cash. At first, Slayden said he wasn’t sure if he would “be successful” in producing the substance, which federal authorities say is difficult to make but can be highly lucrative. He planned to acquire other chemicals and make the drug in his living room, according to the complaint. Finally, Slayden agreed that in exchange for the chemical, he would give the source two–thirds of the “FP” or finished product, court documents say. He would keep the remainder for himself. “LSD has the ability to gain insights about yourself that continually stay with you,” he told the source in a conversation recorded by the government.

PARENTS GET LIFE IN FIRE DEATH OF BABY. ILLEGAL DRUG LAB SET BLAZE THAT KILLED 1–YEAR–OLD. JILL YOUNG MILLER Atlanta Journal–Constitution February 4, 2004 Ringgold – The parents of a year-old baby who died after a methamphetamine lab fire burned down their northwest Georgia house were found guilty of felony murder Tuesday and sentenced to life in prison. Chris Hicks, 33, and Suzzett Calloway, 30, were convicted of felony murder in the death of their baby, Chelton Hicks, of manufacturing methamphetamine and of possession with intent to distribute the powerful, illegal stimulant. A jury deliberated for about five hours Tuesday, following a week of testimony in the case, before finding them guilty. “Chelton lost his life as a result of your desire to manufacture methamphetamine,” Catoosa County Superior Court Judge William Ralph Hill told the defendants before he sentenced them. Immediately after court, defense lawyers said Hicks and Calloway will appeal. Prosecutors said the parents set their house on fire while making the drug and that their actions led to the death of Chelton, who was gravely injured and later died in foster care. Catoosa County District Attorney Herbert “Buzz” Franklin said he hopes the verdict and life sentences will “send a message to a lot of parents out there who are manufacturing methamphetamine. It has hurt a lot of children.” Standing before the judge, the couple showed no emotion as he sentenced them. For hours, they had awaited the verdict, sitting across from each other at the defense table, holding hands, speaking softly and praying. As Calloway was handcuffed and put into leg irons to leave the courtroom, she began to weep. “They killed their child by their own actions,” Franklin had told the jury Monday, during closing statements.

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VOLUME 14 NUMBER 2 — APRIL 2004

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Defense lawyers argued unsuccessfully that the fire was caused by a sparking wall heater and that the state used “a bunch of liars” as key witnesses. In the fire, on Feb. 17, 2001, Chelton, then four days shy of his first birthday, was burned over one–third of his body. The couple’s other child, Christian, escaped the fire and was put into foster care, where he remains. Chelton, whom Hicks rescued through a window, was hospitalized for months, undergoing a tracheotomy and numerous skin grafts on his face, chest, arms and hands. He died June 16, 2001. ‘’We’re not saying they intentionally killed their child,” said Franklin, the district attorney. The prosecutor said he hopes the sentences will “send a message to a lot of parents out there who are manufacturing methamphetamine.’’

“ESR, in consultation with police and justice agencies, is investigating streamlining current testing regimes while ensuring that they still meet the rigorous requirements of the justice system,” he said. “All of the agencies involved want to ensure that the case for prosecution is well put together and has all the requisite parts and evidence necessary to ensure that justice is served.” Each clandestine lab finding required a range of scientific tests, with some requiring more than others, depending on the size and complexity of the lab and the type of evidence recovered, Mr. Chisnall said. “However ESR will not cut corners or sacrifice quality for speed. “The scientific work associated with a clan lab must be robust and will not be compromised,” Mr. Chisnall said. National MP Tony Ryall said police must be given more resources to pay for the spiralling problem. “If we are to make a dent in this despicable trade, it is imperative the police are given sufficient funds to fight it,” he said.

POLICE WILL PAY ESR FOR ‘SPEED LAB’ COSTS The New Zealand Herald April 30, 2004 Police have given Environmental Science and Research a commitment to pay for all the agency’s work on clandestine methamphetamine labs following concerns over a lack of funding. ESR forensics general manager Wayne Chisnall said ESR staff provided a round-the-clock specialist response service to the police; when a methamphetamine, or P, lab is found, police evacuate the site and call the ESR response team. Specially trained forensic scientists and chemists were needed because of the dangers involved but the “explosion” of P production had led to a worldwide shortage of suitably trained staff. In February, ESR asked the Government for a one-off injection of $900,000 to reduce the rapidly growing case backlog, and to manage new cases; it estimated it would have to deal with 300 P labs in 2003-2004, up from just nine in 2000. But after a meeting between Justice Minister Phil Goff, Crown Research Institute Minister Pete Hodgson, justice sector officials and ESR in February, police gave an undertaking to pay for all work on clandestine labs as each case was completed, Mr. Chisnall said. As well, more scientists were being recruited; the arrival in June of an experienced American would make ESR’s clandestine lab team the largest at a single site in Australasia. A spokesman for Mr. Hodgson said as further experts were found, “money to fund them won’t be an issue”. Mr. Chisnall said discussions were continuing with the justice sector on the issues surrounding expert witness appearances and evidence issues.

VOLUME 14 NUMBER 2 — APRIL 2004

WANT A FREE COPY OF THE JCLIC ARCHIVES CD-ROM? Your submission of information to the CLIC Journal may qualify you for a free copy of the new JCLIC Archives on CD-ROM. The CD, a US$125 value, will be presented to those reports and/or papers which the Editorial Secretary feels make a significant contribution to the field. For more information, contact Editorial Secretary Rachel Cutler at (208) 884-7171.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

SEVERAL ARRESTS MADE IN EASTERN OKLAHOMA METHAMPHETAMINE RAIDS

POLICE BUST DRUG RING OPERATING OUT OF TRIBAL CASINO. DEALERS USED CHOCTAW GAMING CENTER AS BASE

KTUL–TV Tulsa, OK May 5, 2004 Muskogee – Major meth raids in eastern Oklahoma and western Arkansas targeted major distributors Wednesday morning. So far, there have been two dozen arrests and police are looking for nine more. Four people were arrested on other miscellaneous charges like drug paraphernalia. NewsChannel 8’s Bill Mitchell was the only Tulsa reporter to join in the operation which federal agents are calling an incredible success. “Operation Hell on the Border” is what agents call an historic haul. The early morning raids ended a six month undercover investigation. More than one hundred federal, state and local law enforcement officers took part in the simultaneous early–morning raids. They raided homes in LeFlore and Sequoyah counties in Oklahoma and Sebastian County in Arkansas. The feds say they purchased more meth from these suspects than any other operation of its kind. Some of the suspects mistakenly thought they were immune from arrest because they were on Indian land. “These traffickers were arrested due in part because they thought they could operate with impunity on Indian property,” says DEA Agent Gary Olenkiewicz. “Obviously, that’s not the case and today’s operation is a prime example.” The raids are called “Operation Hell on the Border” alluding to a time when desperados ran into Indian territory to hide from the law. “Those who are trafficking in methamphetamine have secreted themselves to Indian territory or dealt on Indian land, where they were free to not be fettered by local law enforcement,” said Leflore County District Attorney Rob Wallace. Most of the suspects face federal prosecution, which could, if guilty, get some of them a minimum of up to twenty years. And, in federal prison, twenty years means twenty years. In Wednesday’s raids officers confiscated seven thousand dollars in cash and four weapons. No labs were found. These were major traffickers or distributors. The long arm of the law has a hefty reach when everyone works together. It’s being called a huge success, so watch for “Hell on the Border” part two.

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SAM LEWIN The Native American Times May 6, 2004 POCOLA, OK – Federal authorities say a massive, multi–state methamphetamine bust today revolved around a casino operated by the Choctaw Tribe, but tribal officials are quick to point out that there was no drug dealing going on inside the operation. The investigation has now generated numerous arrests. “A task force of federal, state and local investigators are executing federal and state arrest warrants for 34 defendants in eastern Oklahoma,” said United States Attorney Sheldon Sperling of the Eastern District of Oklahoma. “This operation, nicknamed ‘Hell on the Border’ or ‘Hot B,’ is the result of over five years of intelligence gathering and investigation.” Sperling said that the investigation was started when the Pocola Police Department learned that a number of meth dealers were using the Choctaw Gaming Center in Pocola as a base a operations. “Just as outlaws fled to Indian Territory to escape prosecution in Judge [Issac] Parker’s day, these drug traffickers were using Indian tribal land as a method of escaping State law enforcement jurisdiction,” said LeFlore County District Attorney Rob Wallace. “We needed the help of Sheldon Sperling and the federal agencies to provide jurisdiction for these efforts.” Because some of the trafficking happened on Indian land, the cases are going federal. “Eleven cases involving seventeen defendants will be prosecuted in the United States District Court for the Eastern District of Oklahoma,” said Sperling. “Five cases will be prosecuted by DA Rob Wallace’s office in Poteau. Five will be prosecuted by the DA’s Office in Fort Smith. Two cases will be federally prosecuted in the Western District of Arkansas.” Sperling credited Choctaw tribal police with helping in the probe. “During the planning and investigative stages of this operation, Choctaw Nation Law Enforcement Executive Director Ray Jordan and Director Dan Breshears cooperated with, and maintained the confidentiality of this ambitious undertaking,” Sperling said. “Tribal casinos, truck stops and other businesses – whether Indian or non–Indian – are not safe havens for drug slingers. We expect more such investigations at other tribal gaming facilities in our district. Criminals who choose tribal casinos as a venue are just not very smart. Tribal businesses generally have better electronic surveillance equipment than most other businesses.” Choctaw spokeswoman Judy Allen said the tribe was more than happy to cooperate with the feds. “Oh yes. [Sperling] called Chief [Greg] Pyle this morning and

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VOLUME 14 NUMBER 2 — APRIL 2004

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION congratulated him for helping out,” Allen said, adding that she was told that the dealers were using the casino’s parking lot to buy and sell drugs.

LITHIUM – AMMONIA LAB SEIZED IN UTAH DAVID MURDOCK, PH.D. UT State Crime Laboratory Salt Lake City, UT The Box Elder County Sheriff submitted a so called “Nazi” clan lab to the Utah State Crime Lab in Salt Lake City, April 22, 2004. This is the first “Nazi” lab we have encountered. The suspect confessed that he retrieved anhydrous liquid ammonia from a Northern Utah farming area and was using Li batteries to produce methamphetamine from pseudoephedrine. DEA agents handled the seizure. The liquid ammonia was stored in a container that was subsequently vented at the site; we received only a few tenths of a ml of clear liquid in a glass bottle. The liquid was found to contain what appear to be N-methylcyclohexadienyl -2- propanamine as well as methamphetamine. We did not have a standard for the methamphetamine– reduced product but the GCMS spectra from CLIC (Vol 7, No. 2, 1997, pg 7-10) of this product looked identical to our spectra. The cyclohexadienyl product trailed the methamphetamine peak by 0.2 min. We use an HP-5, 30m x 0.25mm x 0.25µm column, run at 145°C. Pseudoephedrine or ephedrine were not identified in this liquid. The foil submitted supposedly from a Li battery, did not react with water so did not contain any reactive Li. The foil was identified as Al; the soft black layer on top of it contained Fe and S. The elements were identified by SEM.

VOLUME 14 NUMBER 2 — APRIL 2004

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

LAB SUPPLIES GO TO THE HIGHEST BIDDER: A BRIEF ANALYSIS OF CLANDESTINE METHAMPHETAMINE LABORATORY SUPPLIESAND METHAMPHETAMINE PRECURSORS BEING SOLD ON eBAY® JEFF BORNGASSER, FORENSIC SCIENTIST Oregon State Police Forensic Laboratory Central Point, OR

With the increase of Internet usage, the anonymous nature of on-line bidding, and the publicity surrounding the arrests of chemical supply personnel and subsequent law enforcement access to purchasing histories, it is only logical that the more intelligent clandestine chemists would look to Internet auction sites to purchase their supplies. A brief search of recent sales on the Internet auction site eBay® found that all the equipment and precursors needed to produce large quantities of methamphetamine were readily available. A search using precursors as key words shows that large quantities of red phosphorous and iodine are bought and sold on a regular basis. It seems that pseudoephedrine is harder to obtain but that is only logical with both legal restrictions and eBay®’s own policy on drugs and paraphernalia [1], however it was still available (Table 1).

Table 2 Item

Closing Price

Buyer

Iodine - Reagent grade 1 lb.

$42.95

Buyer 1

Red Phosphorous 99.99% 500g

$370.00

Buyer 2

Ten 4 oz. bottles of “Toms of Maine Decongestant w/ pseudoephedrine”

$15.00

Buyer 3

Sodium metal 99.99% Pure 1 oz.

$17.00

Buyer 4

Sodium metal 320grams

$96.55

Buyer 5

Buyer

$225.00

Buyer 2

Glas-Col Heating Mantle Temp Controller

$68.00

Buyer 2

1000ml lab glass 3 neck flask

$76.00

Buyer 2

250ml glass cylindrical separatory funnel

$31.00

Buyer 2

2000ml 3 neck RB flask

$87.00

Buyer 6

1000ml graduated flask

$6.99

Buyer 6

Lab glass utility CLAMP for glassware stands

$28.00

Buyer 6

Organic Glassware kit with heating mantle (500ml, 3 neck, RB flask; 250ml, 1 neck, RB flask; 100ml, one neck RB flask; 50ml one neck RB flask; Condensor - Liebig 300mm; condensor - Allihn 300mm; Adapter 2 mouth; adapter stillhead; adapter 105 vacuum; additional funnel 125ml; hollow glass stopper; 500ml heating mantle

Table 1 Item

Closing Price

REFERENCE 1.

The other part of the search shows that the appropriate glassware for large scale manufacturing operations is also available. Again, a quick search yielded a large quantity of “high quality” glassware appropriate for mega-lab quantity cooks (Table 2). Even with eBay®’s written policy banning drug paraphernalia it is obvious that there is lively trade in materials, which are commonly used to manufacture methamphetamine. This being said, it would behoove investigators to be aware of this route of transfer of materials and seize the appropriate materials found at laboratories to enhance investigations in manufacturing conspiracies.

Drugs and Drug Paraphernalia eBay® Policies Prohibited and Restricted Items Drugs and Drug Paraphernalia eBay® Policy on narcotics, steroids, and other controlled substances: Narcotics, steroids, or other controlled substances (including any substance included in Schedules I, II, III, IV or V of the Uniform Controlled Substances Act, 21 U.S.C. 801 et seq.) may not be listed on eBay®. Further, gamma hydroxybutyrate (GHB), which is unlawful in many jurisdictions, may not be listed on eBay. For more information about specific substances covered by this law, see 21 U.S.C. 812. eBay® Policy on Drug Paraphernalia: Drug paraphernalia, as defined in 21 U.S.C. 863 , may not be listed on eBay®. Such paraphernalia includes all items that are

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VOLUME 14 NUMBER 2 — APRIL 2004

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION primarily intended or designed for use in manufacturing, concealing, or using a controlled substance. A partial list of these banned items includes: Pipes made from metal, wood (except briar), acrylic, glass, stone, plastic, or ceramic. Water pipes, chamber pipes, carburetor pipes, electric pipes, ice

pipes, bongs, chillums, or wired cigarette papers. Items that are not banned include products traditionally intended for use with tobacco products, including pipes made from briar, clay, corncob, meerschaum, or similar materials.

PSEUDOEPHEDRINE CLEAN UP; SPRAY STARCH USE LINDA A. ASHBY AZ DPS Central Regional Crime Laboratory Controlled Substances and Clandestine Laboratory Response Unit

During a recent lab seizure in Glendale, AZ, by Arizona Department of Public Safety and Maricopa County HIDTA Meth Task Force, significant amounts of Red Devil lye, rock salt, and a can of spray starch were found. The suspect told the case officer about “gassing” his pseudoephedrine. Upon the completion of the lab scene processing, the detective asked the suspect specifics about a gassing process for cold tablets. The suspect elaborated and detailed a procedure for free–basing the pseudoephedrine. The free–based pseudoephedrine is gassed with HCl. This produces an “ultra pure” final product. HIDTA task force member Steve Symes did some research on the subject of the extra steps for pseudoephedrine extraction. A link on rhodium details such an extraction. The address for the link is: http://www.rhodium.ws/chemistry/pseudo.xtract.waterless.html

The rock salt is listed in the process as a drying agent for the lye. This is nearly waterless depending on the percent of isopropyl alcohol varying from 70 to 91. Modifications for the elimination of additional additives like antihistamines are included in the process.

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The spray starch can was obvious. Arizona DPS chemists usually carry a can of spray starch in our field boxes. This is our field test for iodine. The spray can preparation does not evaporate which is a problem in Arizona climate. The starch is convenient, tamper proof and easy to use. Officers have also been trained to test for iodine in this manner. This helps reduce the amount of iodine stained items submitted for analysis. The last thing done at a typical scene is the spraying of starch. Photos taken after the spraying compared with the initial overall photos show the pervasive nature of iodine. The suspect was using it to identify where any iodine was present. He would be able to clean up any visible purple marks produced by his activities. None of the popular cook websites had any mention of spray starch. The suspect had been previously charged with manufacturing. Perhaps he had been paying attention to the DPS chemist during previous investigations.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

MUSHROOMS OR CACTI? ROBERT BLOCK Wisconsin Crime Lab Madison, WI The controlled substances psilocyn and psilocybin are found in the Psilocybe mushrooms. Psilocybe mushrooms are readily distinguishable from other more common mushrooms. Recently the Wisconsin Crime Laboratories received submissions of material believed to be Psilocybe mushrooms. However, the appearance of this material is quite different from that of Psilocybe mushrooms. The physical appearance is that of sliced and dried cucumbers. This material is not mushrooms but does contain the controlled substance mescaline. Mescaline is a hallucinogenic drug typically found in Peyote cactus. The Peyote cactus can be found in the desert regions of the southern United States and northern Mexico. When the Peyote cactus is processed, it looks like a dried button having a cotton ball in its middle. The material recently submitted as Psilocybe mushrooms is believed to be either the Peruvian Torch or San Pedro cacti from South America. These are tubular-type cacti. When processed, the spines are removed, then sliced and dried giving them the appearance of dried cucumbers with green edges. The Peruvian Torch and San Pedro cacti contain mescaline. Mescaline has a traditional use among Native American tribes and has similar effects to LSD or Psilocybe mushrooms leading to a dream–like trance state.

Dried Psilocybe mushrooms

Dried Peruvian Torch or San Pedro Cactii

Dried Peyote buttons

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

PSILOCYBIN MUSHROOM CULTIVATION DAN DIMITROFF, CONSTABLE Peel Regional Police Morality Bureau (Drug Unit) Mississauga/Brampton, Ontario, Canada (905) 453–3311 Ext. 3515

INTRODUCTION The Peel Regional Police Morality Bureau recognized the need for an officer or officers to become ‘experts’ in psilocybin for the purpose of testifying in court. This project, involving the cultivation of magic mushrooms, was intended not only to make certain drug officers more knowledgeable in this area but also to increase their credibility in providing ‘expert’ testimony.

BACKGROUND Psilocybin (magic) mushrooms are hallucinogenic mushrooms that are found growing in the wild in parts of Canada. They can also be cultivated indoors. After picking they are either eaten raw, mixed with food, or brewed into a tea. They can be eaten fresh or dried and stored for later use. They are usually sold loose or crushed in bags but can also be crushed and pressed into tablets. A ‘trip’ usually begins about 30 minutes after ingesting the mushrooms and lasts between 4 and 6 hours. There is no predictable way of estimating the amount of psilocybin in each mushroom. The amount is determined by the strain, size and age of the mushroom. At low doses, magic mushrooms produce feelings of relaxation, not dissimilar to those of cannabis. Users often indicate that they laugh a lot and find things funnier than they would normally. At higher doses, the experience is closer to that of LSD, intensifying colours and producing visual hallucinations and feelings of euphoria. Medical research indicates that mushrooms are neither physically addicting nor likely to cause psychological dependence. Many people actually find that their desire to use mushrooms decreases for a period of time after use. There are many risks associated with consuming magic mushrooms. They often cause stomach pains, sickness and diarrhea. Selection of the wrong type of mushroom could cause serious illness and even fatal poisoning. Magic Mushrooms can impair judgement. Driving while under the influence of mushrooms is obviously dangerous. Users sometimes have ‘bad trips’ which can include confusion, anxiety and panic. Physically or psychologically unsettling events in the days before a mushroom trip can blossom into more serious distress and trauma while tripping.

METHOD Psilocybin mushrooms are easily cultivated using ‘out–of– the–box’ grow kits. These kits require simply mixing the spores

VOLUME 14 NUMBER 2 — APRIL 2004

with a growing medium (substrate) and letting the mushrooms grow to maturity. I was unable to purchase any of these kits from Canada or the United States. They are expensive and this is not a cost effective method for anyone who is cultivating psilocybin mushrooms for the purpose of trafficking. The internet provided me with several sites that listed basically the same method for cultivating psilocybin (magic) mushrooms. The internet also provided several sites where psilocybin mushroom spores could be purchased. Spore syringes are legal to sell and legal to possess in Canada. I chose to follow ‘The Magic Mushroom Growers Guide’ from the internet site “The Vaults of Erowid” (www.erowid.org/plants/ mushrooms/mushrooms_mmgg.shtml). The British Columbia Marihuana Party Book Store supplied me with a psilocybin spore syringe. On the 15th of May 2003, a certificate of exemption was issued by the Chief of the Peel Regional Police, Noel Catney. This certificate of exemption was issued pursuant to Section 13 of the Controlled Drugs and Substances Act, Police Enforcement Regulations, and enabled me to legally be involved in the cultivation of psilocybin: On the 7th of April 2003, I mailed a $45.00 money order to the British Columbia Marihuana Party Book Store 307 West Hastings Street, Vancouver, British Columbia. I requested an Ecuador strain, 10 cubic centimetre spore syringe. There were many types of strains to choose from but the Ecuador strain was recommended by the growers guide and by an employee of the British Columbia Marihuana Party Book Store. It should be noted that once a crop has been grown, a spore syringe can be made for subsequent growing cycles thus eliminating this step of the process and the cost associated to it. The spores come from a mature mushroom cap and are mixed with sterile water. I then purchased the necessary materials to get started, ½ pint canning jars ($15.00), brown rice flour ($2.50), and vermiculite ($5.00). The canning jars and vermiculite can be purchased from any Canadian Tire/ Walmart type store. The canning jars must have an opening at least as wide as the body of the jar. This is because the contents of the jar will eventually need to be removed from the jar in one piece. The vermiculite is sold at any gardening center. Brown rice flour is sold at health food stores. All prices are in Canadian dollars.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION SECURITY MEASURES The production and possession of psilocybin mushrooms is illegal and therefore security measures were taken. A locked cabinet was designated in the morality bureau office for this purpose alone.

INVESTIGATIVE CONTACTS Ms. Kelly Gorman, the head federal crown attorney for the Region of Peel, was contacted and endorsed this project. She indicated that growing psilocybin mushrooms would be extremely beneficial for ‘expert’ designations. Police services in the greater Toronto area and in Vancouver were contacted to determine if magic mushrooms had been cultivated by law enforcement officers in the past. The Canadian Police College, the Ontario Police College, and Health Canada were also contacted and all indicated that to their knowledge, the lawful cultivation of magic mushrooms has never been attempted.

PROCEDURE On the 28th of May 2003, I began filling culture jars with substrate using the following method: 1. Using a hammer and a small nail, I poked four small holes into the lids of ten culture jars. 2. I mixed 6½ cups of vermiculite, 2½ cups of brown rice flour, and 2½ cups of water together in a mixing bowl. 3. I then filled each jar (loosely packed) up to within half an inch of the top with this substrate making a ‘rice cake’. 4. I then cleaned the top half inch of the jars to remove any material that bacteria and mold could use as a wick to infect the mixture. 5. I then filled the top half inch of the jar with dry vermiculite. This layer insulates the sterilized mixture from any air borne molds and bacteria while allowing air exchange to occur. 6. I placed the lids on the jars and wrapped a piece of tin foil over the lids. The tin foil was used to prevent water from entering through the holes in the lids while the jars filled with substrate were being sterilized. 7. I then placed the jars in a large pot and added water to the pot until the level was about half way up the jars. I boiled the jars for an hour to sterilize them. 8. I allowed the jars to cool to room temperature which took about two hours. 9. I sterilized the psilocybin spore syringe needle then inserted it into each hole in the lids of the jars. I injected a total of one cubic centimeter of this solution into each jar. 10. I placed the jars in a dark environment until the entire surface of the glass was covered with white fungus called mycelium. The mycelium first appeared as little white spots at the inoculation sites.

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On the 12th of June 2003, I transferred five of the rice cakes out of the culture jar and placed them into individual airtight containers. I discarded the other five culture jars because mold had infected them. During the growing stage the airtight containers (terrariums) needed to have high humidity, temperatures in the mid to upper 70’s F, and a little light. The terrarium is small enough that the moisture from the rice cake was enough to keep the humidity at a high level. These airtight containers needed to be opened every day in order to allow fresh air to enter. As well, the rice cakes needed a small amount of light to initiate mushroom growth. Mushrooms are not plants and do not need light to grow however they did need light to trigger a response that tells the mycelium that it has reached the edge of the substrate and can now form a mushroom. Any normal spectrum of light will work. Sunlight, fluorescent or incandescent light are all fine and will work. A few minutes of light a day was sufficient.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION A mushroom maintenance schedule was prepared and designated officers cared for the mushrooms as required. On the 25th of June 2003 after no mushrooms had begun to form, I increased the temperature inside the cabinet from 70°C to 80°C. Within three days mushrooms began to grow. Within a few more days there were numerous mushrooms growing on the cakes. Pictures were taken at various stages of growth. A drying container was prepared by using a plastic bowl with a sealing lid, ¼–inch wire mesh and a washcloth. Calcium chloride was purchased to dry the mushrooms. The wire mesh was placed about an inch off the bottom of the bowl where the water from the mushrooms would collect. The washcloth was placed on the wire mesh and calcium chloride was placed on the washcloth. Another piece of wire mesh was then placed a couple of inches above the calcium chloride for the mushrooms to sit on to dry. On the 26th of June 2003, I prepared jars with a Thailand strain psilocybin spore syringe using the same method listed above. On the 19th of July 2003, because of limited space, I transferred only three of the rice cakes with the Thailand strain into plastic containers. One of these rice cakes became contaminated with mold and had to be discarded. I now had seven rice cakes growing mushrooms. Five from the original Ecuador strain and two from the Thailand strain. On the 19th of July 2003, the first mushrooms from the Ecuador strain were harvested and dried. I noticed no difference between the Ecuador strain and the Thailand strain mushrooms. The mushrooms were harvested as they matured until all remaining mushrooms were picked on the 22nd of August 2003. Potentially more mushrooms would have been grown however the legal exemption order was coming to an end and the decision was made to end the project. Total Cost of Equipment 1. Brown rice flour ............................................... $2.25 2. Vermiculite ...................................................... $5.00 3. Glass jars ....................................................... $20.00 4. Plastic airtight containers .............................. $30.00 5. Electric heater ................................................ $50.00 6. ¼ inch metal screening ................................. $15.00 7. Mushroom spore syringe .............................. $45.00 Total ............................................................ $167.25

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For the second grow with the Thailand strain, only the brown rice flour, vermiculite and mushroom spore syringe needed to be purchased. Total cost $52.25. It should also be noted that with any subsequent grows I would have only required the brown rice flower and the vermiculite. The spore syringes could be made from the mature mushrooms. Total cost of all subsequent grows, $7.25.

RESULTS The total dry weight of all the mushrooms harvested was 70.2 grams. The average dried weight of mushrooms was 10.0 grams per rice cake. (Fig. 1) The total estimated street value of 70.2 grams of dried mushrooms is $700.00 (estimated at $10.00 per gram). The estimated street value that each rice cake produced is $100.00. Rice cake # 1 (Ecuador) 2 (Ecuador) 3 (Ecuador) 4 (Ecuador) 5 (Ecuador) 6 (Thailand) 7 (Thailand) Total

Mushrooms harvested 34 24 23 28 27 25 28 189

Total wet weight 49.2 g 56.1 g 52.8 g 74.3 g 71.3 g 42.0 g 58.0 g 403.7 g

CONCLUSION Psilocybin mushrooms were easily cultivated using very basic techniques and with very basic equipment. After initial costs, psilocybin mushrooms can be cultivated at very little cost and effort. For court purposes, as an expert and for estimating yields of psilocybin growing operations, I can now report that using very basic methods, I was able to produce an average of 10 grams of dried psilocybin mushrooms for every rice cake. This is an estimated street value of $100.00 (at $10.00 per gram). An experienced grower may be able to produce a much higher yield.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

“ONE-POT” METHAMPHETAMINE MANUFACTURE ERIC C. PERSON, PH.D.; LORI A. KNOPS, B.S.; AND DAVID M. NORTHROP, PH.D. FORENSIC SCIENTISTS Washington State Patrol Marysville Crime Laboratory 2700 116th Street NE Suite P Marysville, Washington 98271

SHAWN P. SHERIDAN DETECTIVE Snohomish Regional Drug Task Force 3000 Rockefeller Avenue, Mail Stop 606 Everett, Washington 98201

We have previously shown that ammonia generated from fertilizer and lye and condensed using dry ice could be used to manufacture methamphetamine [1]. Recently we have received questions from the Snohomish Regional Drug Task Force (SRDTF, Snohomish County, Washington) about whether it is necessary to condense the ammonia or if it can be generated in–situ in a one pot method. Questions of whether this type of method would work were also raised on the CLIC List [2]. SRDTF provided us with a copy of an internet recipe written by “Lord Mighty” [3]. This recipe was used as the outline for our experiment. The conditions outlined in this recipe are summarized below. In a 2 liter bottle combine: 3 200 crushed 60 milligram pseudoephedrine tablets 3 262 grams of lab grade ammonium nitrate, approximately 1½ cups 3 3 –11oz cans of starting fluid (about 425 milliliters of ethyl ether in each)

3 3 3

lithium strips from 3 lithium AA batteries (about 1 g ea.) 32 grams of Red Devil lye (the first portion of a total of 149 grams added) two capfuls of water, about 14 milliliters using the cap of the two liter bottle

The lid was opened and closed periodically to relieve excess pressure while maintaining a steady rate of bubbling (ammonia gas and possibly a little hydrogen). The remaining lye was added in portions of approximately 30 grams four times during the reaction process (at 20, 40, 60, and 100 minutes). During the reaction, a yellow layer formed on top of the solid materials. Agitation was required to disrupt this layer and allow the solid material to react with the added lye. Care should be taken to avoid getting portions of the lithium trapped in the solid material as they can ignite. Aliquots of the ether layer were sampled periodically during the reaction to monitor progress and injected into a Gas Chromatograph–Mass Spectrometer (GC–MS). The recipe recommended continuing the reaction for two hours. After two

Table 1. Peak areas under the total ion chromatogram for reactions after approximately 2 hours and after sitting overnight. About 2 hours

Overnight

Reaction

Meth

Pseudo

CMP

Meth

Pseudo

CMP

NH4NO3, 2L

80%

20%

*

95%

1%

3%

NH4NO3, 150 mL

60%

40%

*

–

–

–

(NH4)2SO4, 150 mL

20%

80%

–

87%

13%*

–

* a peak at the retention time corresponding to CMP was observed with less than 1% of the total peak area

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION hours and twenty minutes, the GC–MS of the ether showed significant conversion to methamphetamine which increased on sitting overnight (Figure 1). A small amount of 1–(1’, 4’–cyclohexadienyl)–2–methaminopropane (CMP) was identified in the overnight sample. Note that the tablets were not extracted prior to use and that no aqueous/organic extraction is used in the purification process, as the ether can be removed for salting without extraction. Two additional experiments on smaller scales using a 150 milliliter bottle (approximately 1/12 scale) with ammonium nitrate and ammonium sulfate also showed conversion of pseudoephedrine to methamphetamine. The samples have not been quantitated, but the peak area percentages for all three experiments are summarized in Table 1. Further work will evaluate: 3 the yield and conversion rates of this variation of the lithium-ammonia reduction 3 how materials from this variation of the lithium-ammonia method of manufacture can be distinguished analytically from other variations 3 the types and amounts of materials required

Meth

6000000

ACKNOWLEDGMENTS This project was supported in part by a grant from the National Institute of Justice, 2003–LT–BX–K004. This reaction was videotaped and photographed with the assistance of SRDTF to provide training materials. Copies of these materials will be made available to interested CLIC members on request.

REFERENCES 1.

2. 3.

Person, E. C.; Knops, L. A., “Clandestine Ammonia Generation,” Journal of the Clandestine Laboratory Investigating Chemists Association, Volume 14, Number 1, January, 2004, pp. 20–27. Norman, K., “Single pot Birch method,” CLIC List Server, February 18, 2004. Lord Mighty, “How to Make Cryztal Dope in 2-3 Hours Using a 2 Liter Bottle,” http://www.textfiles.com/uploads/metanf.txt

60000

CMP Pseudo

40000

4000000

20000 0 2.0

2000000

0

2.0

3.0

3.0

4.0

4.0

5.0

5.0

Figure 1. The GC–MS TIC of the ether layer taken after allowing the large scale ammonium nitrate cook to sit overnight. A small amount of CMP and pseudoephedrine (shown in inset) are present.

VOLUME 14 NUMBER 2 — APRIL 2004

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION statute and mere doubt does not afford sufficient reason for a judicial declaration of invalidity. Statutes must be upheld unless their unconstitutionality clearly, positively and unmistakably appears. [Citations.]” (Lockheed Aircraft Corp. v. Superior Court (1946) 28 Cal.2d 481, 484.) A statute “cannot be held void for uncertainty if any reasonable and practical construction can be given to its language.” (Ibid.) Defendant’s vagueness challenge is unpersuasive. As we have already discussed, the wording of section 11379.8 does not limit the volume enhancement to only those substances that are manufactured during a violation of subdivision (a) of section 11379.6. The plain language of section 11379.8 applies, without any limitation, to persons convicted of section 11379.6 “with respect to any substance containing a [statutorily specified] controlled substance . . . : (1) Where the substance exceeds three gallons of liquid by volume.” (§ 11379.8, subd. (a)(1).) Furthermore, the statement of statutory intent for section 11379.8 makes explicit that this section was intended to cover persons like defendant, who engage in large scale or repeated production of prohibited substances. (Stats. 1985, supra, § 1, p. 4948.) Finally, the cases interpreting the laws prohibiting the manufacture of methamphetamine have held that it applies to each step in the manufacturing process, regardless of whether a defendant has completed production at the time the operation is halted. Thus, section 11379.8, viewed in the appropriate context, places persons on notice that all substances containing methamphetamine, used or to be used in an operation prohibited by section 11379.6, are subject to the volume enhancements specified in section 11379.8. Persons who conduct such an operation and utilize or produce large volumes of substances containing a controlled substance have fair warning that doing so will subject them to longer terms of imprisonment than those who “have a less serious, occasional or relatively minor role.” (Stats. 1985, supra, § 1, p. 4948.) III. Substantial Evidence Supports the Jury’s Finding on Volume Enhancement Defendant contends that there was insufficient evidence to support the true finding on the volume enhancement. In determining whether a criminal conviction lacks sufficient evidentiary support, we must review the whole record in the light most favorable to the judgment below to determine whether it discloses “substantial evidence—that is, evidence which is reasonable, credible, and of solid value—such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.” (People v. Johnson (1980) 26 Cal.3d 557, 578.) In this case, it was undisputed that the solvents seized from the truck contained methamphetamine and amounted to more than three gallons by volume. The criminalist testified that such solvents are often reused by methamphetamine manufacturers in the final stages of production to further purify the methamphetamine being produced. He further testified that the solvents from the truck were suitable to be used to purify the particular methamphetamine that had been under production in room 10, even though the ephedrine reduction method was being

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employed. In other words, the mere fact that these specific solvents had been used in the past to purify methamphetamine made with the P-2-P method, and could be considered a waste product of that process, did not preclude them from being reused to purify the contraband under production inside room 10. These facts are substantial evidence from which the jury could determine that, but for the interruption by law enforcement, the solvents in the truck were to be used by defendant in a later stage of the methamphetamine manufacture underway in room 10. IV. Sentencing Error Requires Remand For Resentencing Section 11379.8, subdivision (d) expressly provides: “Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.” Defendant correctly contends the trial court mistakenly believed it lacked this discretion in its sentencing of defendant. Hence we remand the case to permit the trial court to determine whether or not to exercise this discretion. (See People v. Meloney, supra, 30 Cal.4th at pp. 1151, 1165.) At the sentencing hearing, the trial court provided an extended explanation of its intended sentencing decisions before allowing counsel to argue and before pronouncing judgment and sentence. The court recognized that it had to decide whether to stay the sentence for count two under Penal Code section 654. Further, the court noted that it had discretion to select the lower, middle, or upper term on the conviction for count one. However, as to the three enhancements for count one (prior prison term, three-gallon volume enhancement, past conviction of possessing methamphetamine for sale), the court stated in the clearest language possible that it had no discretion and must increase the prison term selected by seven years.[4] Under section 11379.8, subdivision (d), this conclusion was erroneous. Defendant had a right to have the court exercise the discretion it possessed prior to imposing sentence on the enhancement. We remand to permit this to occur. (People v. Meloney, supra, 30 Cal.4th at p. 1165.)

DISPOSITION The judgment is reversed and remanded to the trial court for a new sentencing hearing, at which the trial court shall exercise its discretion under section 11379.8, subdivision (d) in deciding whether to strike the three-year enhancement provided by that section.

NOTES 1.

In an opinion filed on May 27, 2003, we affirmed the judgment in this matter in its entirety. On August 27, 2003, the Supreme Court granted review and transferred the matter to us with directions to “vacate [our] decision and to reconsider the cause in light of People v. Meloney (2003) 30 Cal.4th 1145.” In part IV of this opinion, we apply Meloney and alter

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CLANDESTINE AMMONIA GENERATION ERIC C. PERSON, PH.D., AND LORI A. KNOPS Washington State Patrol Marysville Crime Laboratory 2700 116th St. NE Suite P Marysville, WA 98271 ([email protected] and [email protected])

ABSTRACT Northwest Washington has seen a dramatic increase in the number of clandestine methamphetamine laboratories where ammonium sulfate fertilizer is being used to generate ammonia. Despite concerns that water in ammonia generated in this manner would interfere with the lithium–ammonia manufacturing method, it was determined that ammonia could be generated from ammonium sulfate fertilizer of sufficient quality to allow the chemical reduction of ephedrine or pseudoephedrine. It was also determined this reduction could be accomplished in the presence of at least 10% water, methyl alcohol, or isopropyl alcohol in the ammonia used in this method. The use of fertilizer and lye to generate ammonia is a viable means of manufacturing methamphetamine, even without taking care to remove water from the generated ammonia. Despite the presence of water contamination, this material may still fall under the intended meaning of statutes listing anhydrous ammonia. Other terms, such as liquid ammonia, liquefied ammonia, or condensed ammonia gas may also be used to refer to this material.

INTRODUCTION Ammonia is a colorless gas with a characteristic pungent odor, which is often associated with household cleaners. It is a caustic corrosive irritant, an excellent solvent, reactive with many materials, and highly soluble in water. Ammonia gas can be liquefied by cooling to temperatures below –33ºC (–28ºF), pressurization to pressures above 8.5 atmospheres, or a combination of the two [1]. Ammonia has legitimate uses in a wide variety of applications. Solutions in water are common in household and industrial cleaners. Anhydrous ammonia is used: in agriculture to supplement the nitrogen content of soil, in refrigeration, in the manufacture of explosives, and in the manufacture of other chemicals. Liquid ammonia is used widely in synthetic chemistry due to its excellent solvation properties. Liquid ammonia is used illegally in the manufacture of methamphetamine. Dissolving pseudo/ephedrine and an alkali metal in liquid ammonia results in a chemical reduction of the pseudo/ephedrine to form methamphetamine, and is commonly referred to as the “Nazi” method or Birch reduction. This method is a dissolving metal reduction using lithium metal and liquid ammonia and is actually a cross between the Birch reduction, using sodium metal in the presence of liquid ammonia and an alcohol, and the Benkeser reduction, using metallic lithium and a low molecular weight amine or a mixture of amines [2, 3].

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Lithium metal is encountered more frequently than sodium in clandestine methamphetamine laboratories due to its availability in lithium batteries and ammonia is used as the amine. Compared to other alkali metals, such as sodium and potassium, lithium has the highest solubility in ammonia. This means an even greater difference in the available actual reduction potential [4]. We will hereafter refer to this method as the lithium–ammonia method. While the majority of the other items needed for the manufacture of methamphetamine using the lithium–ammonia method are available at local grocery, home improvement, and hardware stores, liquid ammonia is not. Since the emergence of the lithium–ammonia method of manufacture in the early 90’s [2], theft of ammonia from agricultural and industrial facilities has been a growing problem. In the state of Washington in 2001, ammonia was the most frequently released hazardous substance. “Deliberate damage / illegal activity” accounted for 60% of these releases. Most of these involved residential areas [5]. These releases and the associated costs have led to increased security and prevention efforts, making ammonia more difficult to obtain [6]. Clandestine chemists have found ways around these efforts and protections in Northwest Washington. In the past two years, there has been a shift from individuals stealing ammonia towards the use of clandestinely generated ammonia. In Snohomish County, about 30 miles north of Seattle, the clandestine generation of ammonia for use in the lithium–ammonia method is used almost to the exclusion of other manufacturing methods [7]. The clandestine generation of ammonia is typically accomplished by mixing an ammonium salt, such as those found in fertilizers, with a strong base, such as lye. The reaction of these materials forms ammonia gas, water, and inorganic salts (Eq. 1). (Eq. 1)

(NH4)2SO4 + 2NaOH

2NH3 + Na2SO4 + 2H2O

The escaping ammonia gas is then condensed to yield the liquid form of ammonia. This can be achieved through pressurization, but is more often accomplished using a cold bath to lower the temperature of the ammonia until it is a liquid. Dry ice and any one of a number of solvents can be used to generate a bath below the boiling point of ammonia, and are the most frequently used cold baths in Northwest Washington. The use of liquid propane to condense ammonia has been reported in the Midwest [8, 9]. If not kept cold or pressurized, the liquid ammonia will immediately begin to evaporate.

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VOLUME 14 NUMBER 1 — JANUARY 2004

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 14 NUMBER 1 — JANUARY 2004

IN THIS ISSUE ... DEA Chemist Testifies In LSD Case ............................................................ 2 LSD Manufacturers Sentenced ...................................................................... 2 Two Sentenced In LSD Lab Case ................................................................. 3 Two California Men Sentenced In Kansas In LSD Case .............................. 3 Racing Kingpin’s Secret Life ........................................................................ 4 Why It’s So Difficult To Launch A New Illegal Drug .................................. 5 Volume Enhancement Applies To Waste, Appeal Court Decides ................ 6 United States Controlled Substance Analogue Act Upheld ........................ 10 Decision of Appeal On Controlled Substances Analogue Act .................... 13 Production of Anhydrous Ammonia Used To Produce Methamphetamine Via The Birch Reduction Method Bradley M. Crow, B.A. .......................................................................... 18 Clandestine Ammonia Generation Eric C. Person, Ph.D., and Lori A. Knops ............................................ 20

Association Officers President: Anneke Poortman Forensic Science Laboratory Volmerlaan 17 Rijswijk 2288 GD The Netherlands 31-70-340-8131 Vice-President: David Love DEA South Central Laboratory 10150 E. Technology Blvd. Dallas, TX 75220-4377 (972) 559-7900 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (620) 792-4353 Membership Secretary: Anne Coxon ESR Ltd. Hampstead Rd Private Bag 92-021 Auckland, NEW ZEALAND 64-9-815-3946 US fax: (760) 437-4423 Editorial Secretary: Rachel Cutler ID State Police Forensic Services PO Box 700 Meridian, ID 83680-0700 (208) 884-7171 Past-President: Peter Vallely Centre for Forensic Science PO Box 594 Archerfield Brisbane, QLD 4108 AUSTRALIA 61-73-274-9031

2004 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Executive Board Members: Terry A. Dal Cason DEA North Central Laboratory 536 S Clark St Rm 800 Chicago, IL 60605-1509 (312) 353-3640 Laurette Rapp Acadiana Crime Lab 5004 W Admiral Doyle Dr New Iberia, LA 70560-9135 (337) 365-6671

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

DEA CHEMIST TESTIFIES IN LSD CASE STEVE FRY

STEVE FRY

The Capital-Journal (Topeka, KS) November 21, 2003

The Capital-Journal (Topeka, KS) November 26, 2003

Two men convicted of trafficking in LSD had enough of the finished product and related chemicals stored in a former missile base on the outskirts of Wamego to market millions of doses of the hallucinogenic drug, according to a Drug Enforcement Administration chemist. William Leonard Pickard, 57, and Clyde Apperson, 48, were to be sentenced Thursday in U.S. District Court, but at the end of the court day witnesses called for the sentencing hearing hadn’t finished testifying. The sentencing hearing will resume on Monday. Pickard and Apperson were convicted on March 31 by a federal court jury of conspiracy and possession of LSD with intent to distribute more than 10 grams of LSD. Pickard’s defense attorney, William Rork, Thursday questioned federal officials’ calculations on the quantity of LSD and related chemicals stored at the former missile base. Law enforcement officials searched the missile base on Oct. 31, 2000, with the consent of the man renting the former missile silo, and found evidence of 90 pounds of LSD; 52 pounds of a byproduct of LSD; 214.5 pounds of a precursor substance of LSD; and almost 42 pounds of another precursor, DEA chemist Timothy McKibben testified. McKibben said millions of doses of LSD could be made with the LSD, byproduct and precursors. For example, the 42 pounds of one precursor could make between 90 million doses and 248 million doses, he said. Reduced to “LSD in pure form,” the LSD and its related chemicals at the Wamego site equaled 198.9 grams, or a little more than 7 ounces, McKibben said. For much of Thursday, Rork closely questioned McKibben about how the calculations were made. Rork repeatedly challenged how McKibben knew a five-gallon plastic gasoline can containing a precursor was full. And another time, Rork asked what part of a plastic bag McKibben removed to get a sample for testing. Testimony will resume Monday before U.S. District Judge Richard Rogers.

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LSD MANUFACTURERS SENTENCED

The chemist who manufactured LSD in a clandestine lab near Wamego and the man who set up, tore down and transported the LSD lab received long prison sentences in U.S. District Court on Tuesday. William Leonard Pickard, 58, Mill Valley, Calif., was sentenced to two concurrent life terms in prison without parole, and Clyde Apperson, 48, Sunnyvale, Calif., was sentenced to two 30-year sentences without parole. Pickard and Apperson were convicted March 31 on felony charges of conspiracy and possession of LSD with intent to distribute more than 10 grams. Pickard and Apperson requested that each be incarcerated at a federal prison facility at Lompoc, Calif., because their families live in California. U.S. District Court Judge Richard Rogers told them he would recommend their imprisonment at the California prison, but the U.S. Bureau of Prisons will decide where to house each man. The sentence announcements followed a two and one-half day hearing in which the defendants challenged a federal Drug Enforcement Administration chemist’s calculations of how much LSD was seized. Federal officials said that evidence of liquid and powder LSD, an LSD byproduct and two precursors to LSD showed that it would have produced an estimated 2.8 billion doses of LSD. Pickard and Apperson, each with his legs shackled and wearing the orange coveralls of a federal prisoner, sat side by side during the sentencing. As he was sentenced, Pickard leaned his head on two fingers, his face flushed and his chin quivered. Apperson was expressionless while he was being sentenced. Neither man had any supporters in the courtroom when he was sentenced. Two news reporters and several federal investigators watched the proceeding. In sentencing Pickard, U.S. District Court Judge Richard Rogers said he had very little discretion in imposing two life sentences once he learned the amount of drugs linked to the case and that Pickard had two prior drug convictions. Before he was sentenced, Pickard made a lengthy statement to Rogers, saying he had authority from the federal government to communicate with drug traffickers and manufacturers in 1997 and that his job description with the state of California specifically included interviewing drug manufacturers and traffickers. Pickard said that he told a DEA special agent and an assistant U.S. attorney that Gordon Todd Skinner was concealing a chemist and a laboratory tied to the drug ecstasy. Skinner was linked to the LSD case and testified against Pickard and Apperson during the LSD trial. Federal officials didn’t take action with the information, Pickard told the judge. “I leave you with those thoughts, sir,”

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Pickard said to Rogers. Apperson could have been sentenced to 10 years in prison. In sentencing Apperson, Rogers had to decide whether there were factors that would increase the sentence. Rogers found that Apperson played a significant role in the drug case but didn’t have the same leadership role as Pickard and didn’t receive the same share of money as Pickard. Rogers said the amount of LSD was at the top of the drug quantity table in the federal sentencing guidelines. Evidence shows that a “considerable amount” of drug was made at a former missile silo near Ellsworth and earlier at a site in Santa Fe, N.M. Apperson, who appeared to have lost 30 to 40 pounds since the trial ended March 31, sought a shorter sentence, saying he had a minor role in the production of the LSD. Pickard and Apperson will appeal their convictions, their defense attorneys said Tuesday. Apperson would be eligible to earn up to 54 days of “good time” each year, meaning he could be released after serving about 25 years six months. The good time doesn’t apply to Pickard’s life sentence.

TWO SENTENCED IN LSD LAB CASE CNN.COM – NOV. 26, 2003 TOPEKA, Kansas (AP) – A judge on Tuesday imposed prison sentences on two California men convicted of drug trafficking following an LSD lab bust in rural Kansas three years ago. U.S. District Judge Richard Rogers sentenced William L. Pickard to life in prison, while Clyde Apperson received 30 years in jail. Neither is eligible for parole; their lawyers planned to appeal. Pickard, 58, and Apperson, 48, were arrested near a former missile silo near Wamego. The Drug Enforcement Administration raided the site in 2000, and said they found enough chemicals to make millions of doses of LSD. U.S. Attorney Eric Melgren said the DEA has made only four seizures of complete LSD labs – including Wamego – and three involved Pickard and Apperson. The agency said the drug was never produced Wamego, however. Both men were convicted in March of conspiracy to manufacture and distribute more than 10 grams of LSD and possession with intent to distribute the illegal drug. Apperson said nothing during Tuesday’s sentencing. Pickard made a brief statement, criticizing the credibility of the government’s chief witness, Gordon T. Skinner, who received immunity for his testimony. Skinner was the silo’s former owner. Government witnesses previously said Pickard made LSD in Colorado and New Mexico. The operation allegedly moved to Kansas — first to an old missile base in Ellsworth County in

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December 1999 and then to Wamego in July 2000. Billy Rork, who represents Pickard, said his client didn’t receive a fair trial and promised to appeal. The judge said Pickard “was the primary organizer in an operation that produced substantial amounts of LSD.” He also noted that Pickard had two drug convictions in California.

TWO CALIFORNIA MEN SENTENCED IN KANSAS IN LSD CASE CARL MANNING. ASSOCIATED PRESS San Jose Mercury News, November 25, 2003 TOPEKA, Kan. – William Leonard Pickard was sentenced Tuesday to life in prison after being found guilty earlier this year of drug trafficking in what has been called the largest seizure by federal drug agents of an operable LSD lab. U.S. District Judge Richard Rogers also sentenced Pickard’s co–defendent, Clyde Apperson, to 30 years in prison. Pickard, 58, of Mill Valley, Calif., and Apperson, 48, of Sunnyvale, Calif., were convicted in March of conspiracy to manufacture and distribute more than 10 grams of LSD and possession with intent to distribute the illegal drug. Neither man is eligible for parole but Apperson’s sentence could be reduced up to 54 days a year for good behavior. Both men sat quietly in their orange jail suits and leg shackles as Rogers handed down the sentences. They were arrested three years ago near a former missile silo near Wamego, where Drug Enforcement Administration agents said the LSD lab had been. Apperson said nothing and Pickard made a brief statement in which he criticized the government’s chief witness, Gordon Todd Skinner, who received immunity for his testimony. Attorneys for both men said they would appeal. Pickard’s attorney, Billy Rork, said his client didn’t receive a fair trial because he wasn’t allowed to introduce all the evidence he wanted. Rogers said Pickard “was the primary organizer in an operation that produced substantial amounts of LSD.” He also noted that Pickard had two drug convictions in California, one in 1978 and another in 1992. The judge said Apperson “played a significant role” in the LSD operation, but not to the extent that Pickard was involved. During an 11-week trial that started in January, DEA agents testified they seized about 90 pounds of LSD, another 214-1/2 pounds of precursor lysergic acid, 52 pounds of byproduct iso-LSD, and nearly 43 pounds of the precursor ergocristine. Prosecutors said no LSD was made at the Wamego silo, about 15 miles east of Manhattan, and the LSD found there came from elsewhere.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION U.S. Attorney Eric Melgren said the DEA has made only four seizures of complete LSD labs, including Wamego, and three involved Pickard and Apperson. During the trial, prosecutors contended Pickard and Apperson were part of an LSD ring. The defendants argued they were duped into helping move the laboratory out of the silo. Prosecutors painted Pickard as the chemist who gathered the chemicals and made the LSD, and Apperson as the one who set up the lab, took it down and moved it. Pickard portrayed himself at the trial as an academic conducting research with high-level contacts in federal law enforcement, the State Department and overseas. He testified he was en route to destroy an LSD lab on Nov. 6, 2000, when state troopers stopped his vehicle and a rental truck driven by Apperson near the silo. Apperson was arrested that night; Pickard fled on foot and was taken into custody the next day at a nearby farm. DEA agents said they found a complete LSD laboratory, one of the biggest ever seized.

RACING KINGPIN’S SECRET LIFE PETER HANSEN The Sunday Mail (Queensland, Australia) November 30, 2003 When colourful Gold Coast racing identity Dennis James Lowe splashed more than $800,000 at the 2000 Magic Millions yearling sales, the thrill of it would have been tempered if he had known undercover police were watching his every move. Drug detectives had heard all the rumours about the flash racetrack character who lived with his de facto partner in a Gold Coast mansion. How he was supposed to own more than 40 thoroughbreds and the showpiece stud Linden Park at Beaudesert – but not in his name. How he would make $20,000 and $30,000 bets and preferred champions like Octagonal to sire his thoroughbreds. At least one, Miss Thunderstood, started in the prestigious Golden Slipper. How he would show up at Victorian studs (not where Octagonal stands) with a suitcase of cash to pay the $50,000 or $60,000 service fee for one of his mares. Where did the money come from? Detectives suspected drugs. The 2000 Gold Coast Magic Millions was his last hurrah. For Lowe, the race ended last week when he was convicted in the Supreme Court in Brisbane of trafficking in methylamphetamine and nine other drug counts. They included unlawful production of amphetamine and methylamphetamine and unlawful possession of drug-making equipment and hundreds of thousands of dollars of drug money. Lowe and his associates were arrested when Operation Voice wound up in November 2000, with assets valued at more than

PAGE 4

$5 million seized under proceeds-of-crime legislation. All his horses and his Sovereign Islands mansion were sold, as well as properties at Beaudesert and Canungra. After debts and legal bills were paid, Lowe ended up on public defence. Operation Voice, under Detective-Sergeant Andrew Massingham, landed what police claimed to be the biggest illegal drug lab in Queensland. The operation began in September 1999, when detectives learned a company at Loganholme, in Brisbane’s south, had taken delivery of 25kg of pseudo-ephedrine hydrochloride from a Sydney chemical supplier. Police are alerted about suspiciously large orders of this drug because it is the primary ingredient in the production of methylamphetamine, or speed. They found other large orders, including another 25kg of phenylpropanolamine, also had been sent to the same company. Phenylpropanolamine is used to produce amphetamine. The company, Denlin Laboratories, manufactured various horse products, including a cough and cold remedy containing pseudoephedrine. When investigators called, documents were produced to try to show everything was on the up and up. The Crown said it was just a front. Operation Voice gathered pace when detectives found that a Denlin director was the woman who lived with Lowe at Sovereign Islands on the Gold Coast and her name was used for many of his enterprises, including his racing interests. Lowe already was under suspicion and he and his associates were placed under surveillance in Queensland and Melbourne. Detectives obtained covert search warrants from the Supreme Court and teams went in at night to search and take chemical samples from Denlin and a large laboratory set up on a property at Canungra. Undercover police bypassed security guards and their dogs. One recalled yesterday: “One night we were very nearly sprung by a Doberman. We hit the deck inside as the dog sniffed at the door. Very close.” The Crown alleged the main market for the illegal drugs was Victoria. Drugs and hundreds of thousands in cash were transferred by car, commercial aircraft and sometimes by interstate semi-trailer drivers. The jury heard about an intercept at Brisbane airport where a bag was secretly opened and between $200,000 and $300,000 in cash was found. Sheets of aluminium foil had been included to try to beat the airport X-rays. Another time, police pretended to be checking large vehicles at the border and intercepted Lowe returning from Victoria towing a horse float. They found $59,000 in cash Lowe said was the proceeds of the sale of two horses in Victoria. The ruse was to try to force Lowe’s hand. Detectives pretended to accept his horse sale story but then intercepted calls where a spooked Lowe ordered the drug lab be shifted from Canungra to a shipping container at Beaudesert. At his trial, Lowe said some of the money that financed his

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION lifestyle did come from illegal activity – but not as charged. He said he got it distributing the illegal stimulant EPO to racing associates. EPO was the banned stimulant at the centre of the Tour de France cycling race doping scandal in 1998. Lowe said he also got by on loans when financial difficulty struck later in 2000. He explained the huge amount of glassware found came from his interest in producing other legitimate chemicals, including an acid to remove rubberised paint from ship’s hulls. If illegal drug production occurred at his labs, he was not aware of it. Prosecutor Todd Fuller told the jury of Lowe’s “Crown Lager and ornamental lake” lifestyle. The Crown said Crown Lager cartons were used to smuggle the drugs to Victoria. Lowe said he liked Crown Lager. Mr. Fuller said the beautiful lake on Lowe’s Beaudesert stud was one of the ornaments he used to disguise his real activities. An associate, industrial chemist Erik William Zagata, 39, was also convicted on three counts, including the production of amphetamine and methylamphetamine. James Pawley Greenup, 68, who managed Denlin Laboratories, pleaded guilty last month to production of methylamphetamine and amphetamine. He testified for the Crown. Detectives said Operation Voice was one of the most complex investigations undertaken by the drugs group of State Crime Operations Command. It uncovered production of 32kg of methylamphetamine with a street value of $2.9 million. Lowe and Zagata are expected to be sentenced this week.

WHY IT’S SO DIFFICULT TO LAUNCH A NEW ILLEGAL DRUG

less today. Profit margins have shrunk to as little as a pound a pill, which hardly justifies the opprobrium and long prison sentences that go with the trade. Mat Southwell, of the Dance Drugs Alliance, a hedonists’ advocacy group, says that many dealers now see Ecstasy as a means of keeping customers, nothing more. Some have begun to push cocaine, although that is a paraphernaliafilled business unsuited to the club market. Dealers would prefer something that is both easy to take and profitable, which is where the new pills come in. In some ways, the drug market would seem to favour new entrants like 2C-I. Manufacturing know–how is widely available, thanks in part to a Californian chemist, Alexander Shulgin, who puts new recipes into the public domain, together with tasting notes (“my conversations were incredibly clear and insightful,” he says of his 2C-I experiment). Fierce competition among producers, importers and dealers means that products can be brought to market cheaply. And there are armies of early adopters to spread the word. The problem, as with all illicit products, is quality control. When Ecstasy first appeared, it was branded with symbols which inspired some trust. But factories soon began putting the same symbols on amphetamines and caffeine tablets. Pill-poppers have responded to this problem partly by putting faith in dealers (not always a reliable source of information), and partly by lowering expectations. James Fitchett, a Nottingham marketing expert, says that teenage Ecstasy users will sooner concoct personal explanations for bad experiences than blame a beloved product. All of which explains why new drugs are slow to catch on, and slow to be discarded. The successful ones are valued not so much for their chemical properties, but for their associations with new ways of going out. For a new product to succeed, it will need amenable venues, distinctive fashions, and new music—preferably stuff that outsiders find intolerable.

The Economist December 11, 2003 This summer, a small white pill appeared in nightclubs and at music festivals. It looked like Ecstasy, but as the £10 price tag hinted, it was something else: 2C-I, a newer and more potent hallucinogen. Psychonauts (early adopters, in square-speak) quickly seized on the drug, and others are expected to follow. In October, the National Criminal Intelligence Service alerted police forces to a rising threat. Perhaps more significantly, Mixmag , a clubbers’ magazine, pronounced 2C-I “a national mash–up waiting to happen.” The timing is certainly fortuitous. Boredom and rising tolerance have done for Ecstasy, the 1990s club drug of choice, what stern warnings could not do. Last week, a Home Office survey found that only 2.6% of 16 to 24–year-olds had used it in the past month; a year ago, 3.6% had. Worse, from the dealers’ point of view, prices of Ecstasy tablets have fallen from more than £20 in the late 1980s to £4 or

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VOLUME ENHANCEMENT APPLIES TO WASTE, APPEAL COURT DECIDES Filed 9/26/03 (Opn. following transfer by the Supreme Court) In The Court Of Appeal Of The State Of California First Appellate District Division Five THE PEOPLE, Plaintiff and Respondent, v. DANIEL PATRICK HARD, Defendant and Appellant. Under Health and Safety Code section 11379.8, a defendant convicted of manufacturing methamphetamine “with respect to” a substance of a certain volume containing methamphetamine earns an enhanced penalty. In this case we consider whether a defendant arrested in the early stages of the manufacturing process is subject to this volume enhancement when he possesses more than three gallons of a solvent containing methamphetamine to be used in the final stage of the process to purify crystallized methamphetamine. Defendant argues that the volume enhancement applies only to a substance produced during the manufacture and does not apply to a substance possessed for later use in the process. We disagree and conclude that the volume enhancement applies to any substance containing methamphetamine which is produced, used, or to be used in the process of manufacturing methamphetamine. Health & Safety Code section 11379.8, subdivision (d) grants discretion to the sentencing court to strike the volume enhancement. Because the trial court mistakenly believed it lacked such discretion, we remand for resentencing. (People v. Meloney (2003) 30 Cal.4th 1145.)[1]

PROCEDURAL BACKGROUND A jury found defendant guilty of manufacturing methamphetamine (Health & Saf. Code, § 11379.6, subd. (a)) and of doing so with respect to a substance containing methamphetamine that exceeded three gallons of liquid by volume (Health & Saf. Code, § 11379.8, subd. (a)(1)). The jury also found him guilty of possession of ephedrine with intent to manufacture methamphetamine (Health & Saf. Code, § 11383, subd. (c)), and of obstructing or delaying a peace officer (Pen. Code, § 148, subd. (a)). In a separate court trial, the court found true special allegations that defendant had been convicted in the past of possessing methamphetamine for sale (Health & Saf. Code, §§ 11370.2, subd. (b), 11378) and had served a prior prison term (Pen. Code, § 667.5, subd. (b)). The court sentenced defendant to prison for the aggregate term of 14 years, comprised of the upper seven-year term for processing methamphetamine, to run consecutively with a three-year term

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for the volume enhancement, a three-year term for the prior conviction of possessing methamphetamine for sale, and a oneyear term for having served a prior prison term. The court stayed an upper six-year term on the conviction for possession of ephedrine with intent to manufacture methamphetamine, and sentenced defendant to a concurrent one-year jail term for the misdemeanor conviction of obstruction of a police officer.

FACTUAL BACKGROUND In the course of investigating another crime, a Lake County deputy sheriff smelled a strong odor related to methamphetamine manufacture emanating from a pickup truck located in the parking lot next to a motel in Lakeport. Later, the officer smelled the same odor coming from room 10 at the motel, situated directly across the lawn from the truck. The officer knocked on the door of room 10 and demanded entry to do a search but was refused. The officer went around to the back door of room 10 and noticed it was ajar, but when the officer started to push it open, defendant slammed the door shut. Next, the officer heard what sounded like furniture being moved against the door as though the person in the room was barricading himself inside. After several hours of negotiations failed to persuade defendant to surrender, tear gas was used to drive him from the room. Defendant was taken into custody and the room was searched. Keys to the truck were found in the room. From the truck, law enforcement officers seized numerous items that could be used in the manufacture of methamphetamine, including two plastic gas cans, a five-gallon white plastic bucket with a lid on it, and a red zippered bag that held three canning jars. Each contained liquid. By combining the contents of the five-gallon bucket with those of the two gas cans, the total volume amounted to at least four gallons. From room 10, officers seized additional items that could be used in the manufacture of methamphetamine. These items included several pieces of glassware that can function as chemical reaction vessels. In addition, officers seized a garbage bag containing a box of Red Devil lye, also used in the methamphetamine manufacturing process, and empty boxes of pseudoephedrine. Pseudoephedrine can be a source of ephedrine used in the manufacture of methamphetamine. Ephedrine was found in a round bottom flask located in the bathroom of room 10. Gregory Popovich, a clandestine controlled substances laboratory expert employed by the California Department of Justice, testified that he arrived at the scene soon after the arrest of defendant, examined the materials found in the truck and entered and examined room 10. He found evidence of two different methods for manufacturing methamphetamine: the ephedrine reduction method and the phenyl-2-propanone (P-2-P) method. In the ephedrine reduction method, ephedrine is extracted from cold tablets by a multistep process that includes grinding the

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION tablets into a fine powder to which chemicals are applied. Popovich testified that the ephedrine in the round bottom flask represented an early stage of this process. He explained that in later steps the ephedrine is turned into crystallized methamphetamine, which is then washed with an organic solvent to further purify it. He found no completed methamphetamine in room 10, but did find chemicals consistent with manufacture employing the ephedrine reduction method. Popovich found glassware in room 10 that he associated with the P-2-P method due to residue in the glassware. However, he did not find all of the other materials needed for production under the P-2-P method in room 10 or in the truck. The liquids found in the containers seized from the truck were organic solvents that had earlier been used to produce methamphetamine by means of the P-2-P method. The presence of methamphetamine, together with P-2-P in these liquids, suggested that these solvents were waste material from which methamphetamine had previously been extracted. In the final step of both the P-2-P and ephedrine reduction processes, an organic solvent is used to clean or purify the crystallized methamphetamine. Popovich explained that methamphetamine manufacturers tend to save and reuse such solvents because law enforcement agents look for large sales of them. He further stated that methamphetamine could be extracted from these solvents, but that they probably did not contain a “significant amount of product.” Popovich could not say that the solvent taken from the truck had been produced in room 10, but stated that it had the potential to be used to further purify the methamphetamine that was in the course of production in room 10, even though the method being used in room 10 was the ephedrine reduction method. He concluded that the presence of methamphetamine in the solvent would not increase its effectiveness in the purification process.

DISCUSSION I. The Jury Instruction on Volume Enhancement Was Valid Over defendant’s objection the court modified the 1996 version of CALJIC No. 17.21, [2] the standard instruction defining the volume enhancement imposed by Health and Safety Code [3] section 11379.8, subdivision (a)(1). The key portion of the court’s modified instruction read as follows: “It is alleged under count one in the first special allegation that the substance containing methamphetamine exceeded three gallons of liquid by volume within the meaning of [section] 11379.8, subdivision (a)(1). [¶] In order for you to find this special allegation to be true, the following elements must be proved: [¶] One, the person was convicted of manufacturing methamphetamine; two, one of the substances used in, to be used in or produced during the manufacturing process contained methamphetamine; and three, that substance containing methamphetamine exceeded three gallons of liquid by volume.” The jury later found this volume enhancement true. This instruction permits a true finding even if the substance containing methamphetamine, the solvent in this

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case, had not yet been used in the manufacturing process. Defendant contends that this instruction exceeds the intended scope of section 11379.8, and that it was error to provide it. Resolution of this contention requires an analysis of the section’s breadth. In construing this statutory provision, familiar rules of statutory interpretation guide our task. “The primary duty of a court when interpreting a statute is to give effect to the intent of the Legislature, so as to effectuate the purpose of the law. [Citation.] To determine intent, courts turn first to the words themselves, giving them their ordinary and generally accepted meaning. [Citation.] If the language permits more than one reasonable interpretation, the court then looks to extrinsic aids, such as the object to be achieved and the evil to be remedied by the statute, the legislative history, public policy, and the statutory scheme of which the statute is a part. [Citation.] . . . Ultimately, the court must select the construction that comports most closely with the apparent intent of the Legislature, with a view to promoting rather than defeating the general purpose of the statute, and it must avoid an interpretation leading to absurd consequences. [Citation.]” (In re Luke W. (2001) 88 Cal.App.4th 650, 655.) In pertinent part, section 11379.8, subdivision (a) provides: “Any person convicted of a violation of subdivision (a) of Section 11379.6 . . . with respect to any substance containing a [statutorily specified] controlled substance . . . shall receive an additional term as follows: (1) Where the substance exceeds three gallons of liquid by volume or one pound of solid substances by weight, the person shall receive an additional term of three years.” (Italics added.) Defendant would have us construe the italicized phrase narrowly so that one convicted of manufacturing methamphetamine would be liable for the enhanced penalty only if the substance containing methamphetamine was manufactured in that process. This imposes too limited a meaning for the phrase “with respect to” used by the drafters. Under the term “respect,” Webster’s defines “with respect to” as “with reference to : in relation to.” (Webster’s 10th Collegiate Dict. (2000) pp. 994-995.) While the phrase certainly applies to those who manufacture a substance of sufficient volume, it is broad enough to also cover persons who used or will use such a substance in the course of producing the final product. This broader interpretation is supported by evaluating the language of the enhancement in the context of the breadth of the underlying offense, section 11379.6 (manufacturing methamphetamine). Section 11379.6 provides, in relevant part, “[E]very person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance specified in Section . . . 11055 [(methamphetamine)], . . . shall be punished by imprisonment in the state prison . . . .” As our Supreme Court has explained, “The conduct proscribed by this section encompasses the initial and intermediate steps carried out to process a controlled substance.” (People v. Coria (1999) 21 Cal.4th 868, 874, citing People v. Lancellotti (1993) 19 Cal.App.4th 809, 813.) “It is

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION evident from the Legislature’s use of such all-encompassing language that it intended to criminalize all acts which are part of the manufacturing process, whether or not those acts directly result in completion of the final product.” (People v. Heath (1998) 66 Cal.App.4th 697, 705.) The scope of the prohibition in section 11379.6 is broad because the production of methamphetamine is an incremental, not instantaneous process, often conducted in a piecemeal fashion to avoid detection. (Lancellotti, at pp. 811, 813.) Because the police can interrupt production at any stage, the language of section 11379.6 should be construed broadly to ensure that a manufacturer will not receive any benefit from police intervention early in the process. Consequently, section 11379.6 contemplates that a conviction may result even though production is interrupted before all of the substances gathered by a manufacturer and necessary to produce a final product have been utilized. We believe that section 11379.8 should be interpreted in a similar fashion. Had the deputy sheriff arrived at room 10 while newly purified crystallized methamphetamine settled in the solvent, the volume enhancement would clearly apply. We see no reason to interpret the enhancement narrowly to provide a benefit to a manufacturer simply because law enforcement officers arrive earlier in the process, before the solvent has been employed. Defendant argues the methamphetamine in the solvent was chemically irrelevant to the solvent’s role in the process, and, therefore, no legitimate statutory goal is served by subjecting the substance to the volume enhancement. We disagree. The Legislature stated in the uncodified portion of the statute enacting section 11379.8 that: “It is the intent of the Legislature in enacting [section 11379.8] to punish more severely those persons who are in the regular business of trafficking in, or production of, narcotics and those persons who deal in large quantities of narcotics as opposed to individuals who have a less serious, occasional, or relatively minor role in this activity.” (Stats. 1985, ch. 1398, § 1, p. 4948, italics added.) We believe the intent expressed in this italicized phrase is furthered by interpreting section 11379.8 to authorize the challenged instruction. The solvent contained methamphetamine because it had been utilized in the past to produce that controlled substance. Punishing a current manufacturer who intends to reuse a solvent more severely than one who will use a clean solvent is consistent with the legislative goal of punishing repeat manufacturers. Thus, the instruction given by the trial court in this case was correct. II. Section 11379.8 Is Not Unconstitutionally Vague Defendant contends that if the trial court were correct in applying the volume enhancement to the facts in this case, then the section, as applied, would be void for vagueness. He argues that the language of section 11379.8 fails to provide adequate notice that “the volume enhancement applies to supplies prior to their use in the chemical production process.” He claims that section 11379.8, by its terms, “only appears to apply to chemicals produced in the manufacturing process.” The Attorney General argues this contention is waived because

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defendant did not raise it below. Some Courts of Appeal have extended the doctrine of waiver to constitutional issues including vagueness or overbreadth. (See People v. Gardineer (2000) 79 Cal.App.4th 148, 151-152; In re Josue S. (1999) 72 Cal.App.4th 168, 170-174.) However, the Court of Appeal in In re Justin S. (2001) 93 Cal.App.4th 811, 814-815, held that a constitutional vagueness or overbreadth challenge is not waived where the challenge presents a pure question of law that can be resolved without reference to the record. Assuming without deciding that the waiver rule is inapplicable, we find defendant’s claim without merit. In People v. Rubalcava (2000) 23 Cal.4th 322, the court set forth the parameters of the vagueness doctrine: “A law is void for vagueness only if it ‘fails to provide adequate notice to those who must observe its strictures’ and ‘ “impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application.” ’ [Citations.]” (Id. at p. 332.) “No one may be required at peril of life, liberty or property to speculate as to the meaning of penal statutes. All are entitled to be informed as to what the State commands or forbids.” (Lanzetta v. New Jersey (1939) 306 U.S. 451, 453; accord, People ex rel. Gallo v. Acuna (1997) 14 Cal.4th 1090, 1115.) In order for a criminal statute to satisfy the dictates of due process, it must meet two requirements. “First, the provision must be definite enough to provide a standard of conduct for those whose activities are proscribed. [Citations.] Because we assume that individuals are free to choose between lawful and unlawful conduct, ‘we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he [or she] may act accordingly. Vague laws trap the innocent by not providing fair warning.’ [Citations.] Second, the statute must provide definite guidelines for the police in order to prevent arbitrary and discriminatory enforcement. [Citations.]” (People v. Heitzman (1994) 9 Cal.4th 189, 199-200.) In analyzing whether a statute is sufficiently definite to pass constitutional muster, we look not only at the language of the statute but also to legislative history and California decisions construing the statute. (Pryor v. Municipal Court (1979) 25 Cal.3d 238, 246.) This is because the courts require citizens to apprise themselves not only of statutory language, but also of legislative history and subsequent judicial construction. (People v. Heitzman, supra, 9 Cal.4th at p. 200; see also People v. Falck (1997) 52 Cal.App.4th 287, 293-295.) In addition, our Supreme Court has cautioned that “abstract legal commands must be applied in a specific context. A contextual application of otherwise unqualified legal language may supply the clue to a law’s meaning, giving facially standardless language a constitutionally sufficient concreteness. Indeed, in evaluating challenges based on claims of vagueness, the [United States Supreme Court] has said ‘[t]he particular context is all important.’ ” (People ex rel. Gallo v. Acuna, supra, 14 Cal.4th at p. 1116, quoting Communications Assn. v. Douds (1950) 339 U.S. 382, 412.) “All presumptions and intendments favor the validity of a

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION statute and mere doubt does not afford sufficient reason for a judicial declaration of invalidity. Statutes must be upheld unless their unconstitutionality clearly, positively and unmistakably appears. [Citations.]” (Lockheed Aircraft Corp. v. Superior Court (1946) 28 Cal.2d 481, 484.) A statute “cannot be held void for uncertainty if any reasonable and practical construction can be given to its language.” (Ibid.) Defendant’s vagueness challenge is unpersuasive. As we have already discussed, the wording of section 11379.8 does not limit the volume enhancement to only those substances that are manufactured during a violation of subdivision (a) of section 11379.6. The plain language of section 11379.8 applies, without any limitation, to persons convicted of section 11379.6 “with respect to any substance containing a [statutorily specified] controlled substance . . . : (1) Where the substance exceeds three gallons of liquid by volume.” (§ 11379.8, subd. (a)(1).) Furthermore, the statement of statutory intent for section 11379.8 makes explicit that this section was intended to cover persons like defendant, who engage in large scale or repeated production of prohibited substances. (Stats. 1985, supra, § 1, p. 4948.) Finally, the cases interpreting the laws prohibiting the manufacture of methamphetamine have held that it applies to each step in the manufacturing process, regardless of whether a defendant has completed production at the time the operation is halted. Thus, section 11379.8, viewed in the appropriate context, places persons on notice that all substances containing methamphetamine, used or to be used in an operation prohibited by section 11379.6, are subject to the volume enhancements specified in section 11379.8. Persons who conduct such an operation and utilize or produce large volumes of substances containing a controlled substance have fair warning that doing so will subject them to longer terms of imprisonment than those who “have a less serious, occasional or relatively minor role.” (Stats. 1985, supra, § 1, p. 4948.) III. Substantial Evidence Supports the Jury’s Finding on Volume Enhancement Defendant contends that there was insufficient evidence to support the true finding on the volume enhancement. In determining whether a criminal conviction lacks sufficient evidentiary support, we must review the whole record in the light most favorable to the judgment below to determine whether it discloses “substantial evidence—that is, evidence which is reasonable, credible, and of solid value—such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.” (People v. Johnson (1980) 26 Cal.3d 557, 578.) In this case, it was undisputed that the solvents seized from the truck contained methamphetamine and amounted to more than three gallons by volume. The criminalist testified that such solvents are often reused by methamphetamine manufacturers in the final stages of production to further purify the methamphetamine being produced. He further testified that the solvents from the truck were suitable to be used to purify the particular methamphetamine that had been under production in room 10, even though the ephedrine reduction method was being

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employed. In other words, the mere fact that these specific solvents had been used in the past to purify methamphetamine made with the P-2-P method, and could be considered a waste product of that process, did not preclude them from being reused to purify the contraband under production inside room 10. These facts are substantial evidence from which the jury could determine that, but for the interruption by law enforcement, the solvents in the truck were to be used by defendant in a later stage of the methamphetamine manufacture underway in room 10. IV. Sentencing Error Requires Remand For Resentencing Section 11379.8, subdivision (d) expressly provides: “Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.” Defendant correctly contends the trial court mistakenly believed it lacked this discretion in its sentencing of defendant. Hence we remand the case to permit the trial court to determine whether or not to exercise this discretion. (See People v. Meloney, supra, 30 Cal.4th at pp. 1151, 1165.) At the sentencing hearing, the trial court provided an extended explanation of its intended sentencing decisions before allowing counsel to argue and before pronouncing judgment and sentence. The court recognized that it had to decide whether to stay the sentence for count two under Penal Code section 654. Further, the court noted that it had discretion to select the lower, middle, or upper term on the conviction for count one. However, as to the three enhancements for count one (prior prison term, three-gallon volume enhancement, past conviction of possessing methamphetamine for sale), the court stated in the clearest language possible that it had no discretion and must increase the prison term selected by seven years.[4] Under section 11379.8, subdivision (d), this conclusion was erroneous. Defendant had a right to have the court exercise the discretion it possessed prior to imposing sentence on the enhancement. We remand to permit this to occur. (People v. Meloney, supra, 30 Cal.4th at p. 1165.)

DISPOSITION The judgment is reversed and remanded to the trial court for a new sentencing hearing, at which the trial court shall exercise its discretion under section 11379.8, subdivision (d) in deciding whether to strike the three-year enhancement provided by that section.

NOTES 1.

In an opinion filed on May 27, 2003, we affirmed the judgment in this matter in its entirety. On August 27, 2003, the Supreme Court granted review and transferred the matter to us with directions to “vacate [our] decision and to reconsider the cause in light of People v. Meloney (2003) 30 Cal.4th 1145.” In part IV of this opinion, we apply Meloney and alter

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2.

3. 4.

our prior determination. The relevant portion of CALJIC No. 17.21 (6th ed. 1996) states: “It is alleged [in Count _____] that at the time of the commission of the crime of which the defendant is accused, [he] [she] _____ a substance containing _____ which exceeded . . . [_____ by liquid volume].” All undesignated section references are to the Health and Safety Code. The court’s pertinent comments were: “There are three enhancements that were found to be true by the jury. One is a prior prison term, another is the three-gallon measurement and another is a combination of a current conviction with a

prior conviction. That is a conviction for count one with a prior conviction of possession for sale, [section] 11378, which you have. That’s a three-year enhancement. So there’s seven years worth of enhancements. All of them are mandatory consecutive. Okay. So whatever prison term I select has to be increased by seven years. There is no if’s, and’s or but’s. Again, my hands are basically tied.”

UNITED STATES CONTROLLED SUBSTANCE ANALOGUE ACT UPHELD United States Court Of Appeals For The Fourth Circuit United States of America, Plaintiff-Appellee v Richard Lester Klecker, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., District Judge. (CR-02-68) Argued: September 26, 2003 Decided: October 27, 2003 Before WILKINS, Chief Judge, and HAMILTON, Senior Circuit Judge.* Affirmed by published opinion. Chief Judge Wilkins wrote the opinion, in which Senior Judge Hamilton joined. Counsel ARGUED: David Wayne Bouchard, Chesapeake, Virginia, for Appellant. Laura P. Tayman, Assistant United States Attorney, UNITED STATES ATTORNEY’S OFFICE, Norfolk, Virginia, for Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, UNITED STATES ATTORNEY’S OFFICE, Norfolk, Virginia, for Appellee. Opinion WILKINS, Chief Judge:

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Richard Lester Klecker was convicted of two offenses involving distribution of 5-methoxy-N,N-diisopropyltryptamine (commonly called “Foxy”). Although Foxy was not listed as a controlled substance when the offenses occurred, the Government alleged that Foxy was an analogue of diethyltryptamine (DET), a schedule I controlled substance, and that Klecker’s activities were therefore unlawful under the Controlled Substance Analogue Enforcement Act of 1986 (“Analogue Act”), see 21 U.S.C.A. Sections 802(32), 813 (West 1999 & Supp. 2003). [1] Klecker maintains that the Analogue Act is unconstitutionally vague and that, in any event, Foxy is not an analogue of DET. We affirm.

I. In March 2002, Klecker was indicted for multiple drug trafficking offenses, including conspiracy to distribute Foxy and other substances [2], see 21 U.S.C.A. Section 846 (West 1999), and distribution of Foxy to a person under 21 years of age, see 21 U.S.C.A. Section 859 (West 1999). Klecker moved to dismiss the indictment, asserting that the Analogue Act is unconstitutionally vague on its face and as applied to Foxy. After hearing two days of testimony, the district court held that the Analogue Act is not vague. The court further found that Foxy is in fact an analogue of DET. Following this ruling, Klecker pled guilty to conspiracy and distribution to a person under age 21. Klecker reserved the right to appeal both the denial of his motion to dismiss and the finding that Foxy is a controlled substance analogue.

II. Congress enacted the Analogue Act to prevent underground chemists from altering illegal drugs in order to create new drugs that are similar to their precursors in effect but are not subject to the restrictions imposed on controlled substances. See United States v. Hodge, 321 F.3d 429, 432 (3d Cir. 2003). The Act defines a “controlled substance analogue” as a substance –

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION (i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II; (ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or (iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II. 21 U.S.C.A. Section 802(32)(A). The Act further provides that “[a] controlled substance analogue shall, to the extent intended for human consumption, be treated, for the purposes of any Federal law as a controlled substance in schedule I.” 21 U.S.C.A. Section 813. Klecker contends that the definition of a controlled substance analogue is so indeterminate that it renders the Analogue Act void for vagueness. He further claims that Foxy is not sufficiently similar to DET to qualify as an analogue.

A. We turn first to Klecker’s vagueness claim. Klecker asserts that the Analogue Act is impermissibly vague both on its face and as applied to Foxy. Facial vagueness challenges to criminal statutes are allowed only when the statute implicates First Amendment rights. See United States v. Sun, 278 F.3d 302, 309 (4th Cir. 2002). Accordingly, we will only consider the “as applied” challenge. “The void-for-vagueness doctrine requires that penal statutes define crimes so that ordinary people can understand the conduct prohibited and so that arbitrary and discriminatory enforcement is not encouraged.” United States v. McLamb, 985 F.2d 1284, 1291 (4th Cir. 1993). In evaluating whether a statute is vague, a court must consider both whether it provides notice to the public and whether it adequately curtails arbitrary enforcement. See Kolender v. Lawson, 461 U.S. 352, 357-58 (1983) (stating, in the context of a facial challenge, that preventing arbitrary enforcement is “the more important aspect of the vagueness doctrine”). The requirement of preventing arbitrary enforcement is easily satisfied here. In order to show an Analogue Act violation, the Government must prove (1) substantial chemical similarity between the alleged analogue and a controlled substance, see 21 U.S.C.A. Section 802(32)(A)(i); (2) actual, intended, or claimed physiological similarity (in other words, that the alleged analogue has effects similar to those of a controlled substance or that the

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defendant intended or represented that the substance would have such effects), see id. Section 802(32)(A)(ii), (iii); and (3) intent that the substance be consumed by humans, see id. Section 813. Cf. Hodge, 321 F.3d at 436-39 (interpreting Section 802(32)(A)). The intent requirement alone tends to defeat any vagueness challenge based on the potential for arbitrary enforcement. See United States v. Carlson, 87 F.3d 440, 444 (11th Cir. 1996). The question of whether the statute provides adequate notice is closer. Klecker claims that the phrases “chemical structure” and “substantially similar” do not provide adequate guidance to a person trying to determine whether one molecule resembles another closely enough to qualify as an analogue. Indeed, the testimony presented below illustrates that even experts can disagree about whether two molecules have chemical structures that are substantially similar; the Government’s experts relied primarily on their structural diagrams of Foxy and DET and concluded that they were similar, while Klecker’s expert compared several different properties of the two molecules (including weight, shape, and the relative amounts of different types of atoms) and found significant differences. Notwithstanding this indeterminacy in Section 802(32)(A), other courts of appeals have unanimously rejected vagueness challenges to Analogue Act prosecutions. [3] While these cases are not directly on point because they concerned substances other than Foxy and DET, they are nevertheless instructive to the extent that they identify factors pertinent to our analysis. In particular, United States v. McKinney teaches that it is useful to compare chemical diagrams of the controlled substances and the alleged analogue. See United States v. McKinney, 79 F.3d 105, 108 (8th Cir. 1996), vacated on other grounds, 520 U.S. 1226 (1997). The diagrams admitted into evidence during the hearing on Klecker’s motion demonstrate considerable similarities between Foxy and DET, particularly when compared to other substances that might be consumed for their psychoactive effects. Although there are important differences between Foxy and DET, the similarities in their structures would put a reasonable person on notice that Foxy might be regarded as a DET analogue, particularly if that person intended (as Klecker plainly did) that Foxy be ingested as a hallucinogen. Finally, we note that the district court heard testimony that Klecker was actually aware that Foxy was a controlled substance analogue. Some courts have concluded that a defendant who had actual notice that his conduct was unlawful cannot prevail on a vagueness challenge. See, e.g., United States v. Washam, 312 F.3d 926, 930 (8th Cir. 2002); United States v. Pitt-Des Moines, Inc., 168 F.3d 976, 990 (7th Cir. 1999). We need not decide this question, however, because we conclude that the Analogue Act would not be unconstitutionally vague as applied to Foxy even with respect to a defendant who lacked actual notice.

B. Klecker next claims that the district court erred in finding that

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Foxy is an analogue of DET. We disagree. Initially, we note some uncertainty about the procedural posture of this claim. Whether a particular substance qualifies as a controlled substance analogue is a question of fact. See United States v. Fisher, 289 F.3d 1329, 1333 (11th Cir. 2002), cert. denied, 537 U.S. 1112 (2003). Questions of fact are generally reviewed for clear error. See United States v. Elie, 111 F.3d 1135, 1144 (4th Cir. 1997). We are not certain, however, that this factual question was properly in issue in the district court. The only hearing held in the district court concerned Klecker’s motion to dismiss the indictment, and we doubt that an indictment would be subject to dismissal on the ground that one of its essential allegations was false. Cf. Costello v. United States, 350 U.S. 359, 363 (1956) (holding that defendant was not entitled to dismissal of indictment based on inadequacy or incompetence of evidence presented to grand jury). We are therefore inclined to construe this claim as a challenge to the adequacy of the factual basis underlying Klecker’s plea, which we would review for abuse of discretion, see United States v. Martinez, 277 F.3d 517, 531 (4th Cir.), cert. denied, 537 U.S. 899 (2002). Ultimately, we need not resolve this question; Klecker conceded at oral argument that he is not entitled to de novo review, and we conclude that the finding of the district court should be affirmed under any deferential standard of review. In its very careful opinion, the district court summarized the evidence from the hearing as follows: “Foxy” and DET share the same core arrangement of atoms, known as tryptamine. Tryptamine is the core element of a number of hallucinogenic drugs. DET is created by adding two ethyl groups (two carbon chain) to the tryptamine core. “Foxy” is produced by adding a methoxy group (CH3O) to the number 5 carbon in the phenyl ring (6 carbon ring) and changing the diethyl groups (two carbon chain) of DET to diisopropyl (three carbon chain with a branching structure) . . . . The Court finds that the substitutions to “Foxy” and DET, while not identical, are substantially similar. The tryptamine core is intact and therefore identical in the two compounds, and the remaining elements are substantially similar.

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J.A. 536 (footnote omitted); see also id. (explaining that the term “substitutions” refers to additions to the tryptamine core). The court further noted that Foxy and DET have comparable hallucinogenic effects. The record contains ample evidence supporting these conclusions. Accordingly, we affirm the finding of the district court that Foxy is a DET analogue.

III. For the foregoing reasons, we affirm the judgment of the district court. AFFIRMED

FOOTNOTES: *This appeal is decided by Chief Judge Wilkins and Senior Judge Hamilton as a quorum. 1. After Klecker was indicted, the Drug Enforcement Administration used its emergency powers to add Foxy to schedule I for one year. See Schedules of Controlled Substances, 21 C.F.R. Sections 1308.11(g)(7) (2003), WL 21 CFR s 1308.11. 2. One of the substances listed in the indictment was alphamethyltryptamine (AMT), which was alleged to be an analogue of alpha-ethyltryptamine. Klecker has not raised any claims relating to AMT in this appeal. 3. See United States v. Orchard, 332 F.3d 1133, 1137-38 (8th Cir. 2003); United States v. Washam, 312 F.3d 926, 930-32 (8th Cir. 2002); United States v. Fisher, 289 F.3d 1329, 1333-39 (11th Cir. 2002), cert. denied, 537 U.S. 1112 (2003); Carlson, 87 F.3d at 443-44; United States v. McKinney, 79 F.3d 105, 108 (8th Cir. 1996), vacated on other grounds, 520 U.S. 1226 (1997); United States v. Hofstatter, 8 F.3d 316, 321-22 (6th Cir. 1993) (per curiam); United States v. Granberry, 916 F.2d 1008, 1010 (5th Cir. 1990); United States v. Desurra, F.2d 651, 653 (5th Cir. 1989) (per curiam).

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DECISION OF APPEAL ON CONTROLLED SUBSTANCES ANALOGUE ACT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division UNITED STATES OF AMERICA, v. RICHARD LESTER KLECKER, Defendant. Criminal No. 2:02cr68

OPINION AND ORDER In April 2002 the Defendant and a co-defendant, Timothy Luken, were charged in a multi-count indictment. The indictment charged the Defendant with conspiracy to distribute and possess with intent to distribute MDMA (commonly known as “Ecstasy,” a schedule I controlled substance) and controlled substance analogues, namely 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT), also known as “Foxy,” and alpha-methyltryptamine (AMT), ten counts of distribution and possession with intent to distribute MDMA and controlled substance analogues, two counts of distribution of the analogues to persons under 21 years of age, one count of maintaining a drug establishment, and possessing firearms in furtherance of drug trafficking, in violation of 21 U.S.C. Sections 846, 841 (a)(1) and (b)(1)(C), 859, 856, and 18 U.S.C. Section 924(c). Defendant, Richard Lester Klecker, filed a motion to dismiss challenging the constitutionality of the Controlled Substance Analogue Statute, 21 U.S.C. Section 802(32). Defendant moved to dismiss those parts of the indictment charging him with distribution of 5-MeO-DiPT, also known as “Foxy,” and AMT on the grounds that 1) prosecution of those portions of the indictment violate the due process clause of the Fifth Amendment in that 21 U.S.C. Section 802(32) which defines a controlled substance analogue is unconstitutionally vague and constitutes an ex post facto law; 2) that the definition of a controlled substance analogue as applied to “Foxy” and AMT is unconstitutionally vague; and 3) that “Foxy” and AMT have not been determined and announced to the public as controlled substance analogues and declared illegal prior to the purchase and distribution by the Defendant, and are not illegal under the Analogue Act. An evidentiary hearing was held on the motion on August 19 and 20, 2002, and the Court ruled from the bench. This Order sets forth more fully the Court’s reasoning.

PROCEDURAL AND FACTUAL BACKGROUND In late January 2002, Naval Criminal Investigative Services (NCIS) agents received information from a confidential source that the Defendant was manufacturing tablets of an alleged analogue drug called “Foxy.” During the course of the ensuing

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investigation, a cooperating witness and an undercover agent made several purchases of “Foxy” and AMT from the Defendant and co-Defendant, Timothy Luken. Although he initially manufactured the pills in capsule form, the Defendant later purchased a tablet press which he thereafter used to manufacture tablets of “Foxy” and AMT. On March 14, 2002, search warrants were issued for Luken’s residence and the Defendant’s residence. Prior to the execution of the search warrants, the Defendant moved the tablet press from his apartment to a Virginia Beach location and requested his roommate to dispose of the pills if the law arrived. The Defendant’s roommate was inside the Defendant’s apartment holding a .38 caliber revolver when the search warrant was executed. Agents recovered 535 AMT pills in the bathroom, 212 grams of pure “Foxy” in the freezer, cutting and binding agents, and a videocassette and manual describing the operation and maintenance of the tablet press. In addition, agents recovered the .38 caliber revolver, a loaded shotgun, and an unloaded rifle. On March 15, 2002, agents recovered the tablet press and 160 tablets of “Foxy” from the Virginia Beach location.

LEGAL ANALYSIS The Analogue Act This motion requires the Court to interpret the Controlled Substance Analogue Enforcement Act of 1986 (the “Analogue Act”), 21 U.S.C. Section 802(32)(A). The indictment charges the Defendant with conspiracy to distribute and possess 5-MeODiPT (“Foxy”) and AMT. The Government alleges that “Foxy” is a controlled substance analogue of diethyltryptamine (DET), a schedule I controlled substance, and that AMT is a controlled substance analogue of alphaethyltryptamine (AET), also a schedule I controlled substance. Except as provided in subparagraph (C), which is not applicable here, the Analogue Act defines a “controlled substance analogue” as a substance – (i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II; (ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or (iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 21 U.S.C. Section 802(32)(A). To the extent that a controlled substance analogue is “intended for human consumption,” it is treated as a schedule I controlled substance for purposes of any federal law. 21 U.S.C. Section 813. [1] At issue in the charges against the Defendant are three substances: 1) MDMA; 2) 5-MeO-DiPT or “Foxy”; and 3) AMT. Although MDMA, also known as “Ecstasy,” is a schedule I substance, [2] “Foxy” and AMT are not, requiring the Government to prove that “Foxy” and AMT are controlled substance analogues under the statute. Is the Analogue Act unconstitutionally vague? Defendant’s first two arguments challenge the constitutionality of the Analogue Act both on its face and as applied. Defendant argues that the Analogue Act is unconstitutionally vague because the Defendant has no reasonable basis for knowing what substance is illegal if it is not defined as illegal by appropriate statute and because the definition of an analogue, as applied to “Foxy” and AMT, neither fairly warns nor effectively safeguards against arbitrary enforcement. Based on the following rationale, the Court FINDS that the Analogue Act is neither unconstitutionally vague on its face nor unconstitutionally vague as applied to “Foxy” and AMT. Vagueness Challenges “As generally stated, the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.” Kolender v. Lawson, 461 U.S. 352, 357, 103 S. Ct. 1855, 1858 (1893). “It is well established that vagueness challenges to statutes which do not involve First Amendment freedoms must be examined in the light of the facts of the case at hand.” United States v. Mazurie, 419 U.S. 544, 550, 95 S. Ct. 710, 714 (1975). “One to whose conduct a statute clearly applies may not successfully challenge it for vagueness.” Parker v. Levy, 417 U.S. 733, 756, 94 S. Ct. 2547, 2562 (1974). A number of courts have addressed whether the Analogue Act is unconstitutionally vague. Holding that the Analogue Act was not unconstitutionally vague, the Fifth Circuit stated: [T]he term “controlled substance analogue” in Section 813 is clearly and specifically defined, in terms readily comprehensible to the ordinary reader. It provides adequate notice of what conduct is prohibited. The statute makes plain that drugs which have been chemically designed to be similar to controlled substances, but which are not themselves listed on the controlled substance schedules, will nonetheless be considered as schedule I substances if 1) they are substantially similar chemically to drugs that are on those schedules; 2) if they produce similar effects on the central nervous system as drugs that are on those schedules; or 3) are intended or represented to produce effects similar to those produced by drugs that are on those

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scheduled. There is nothing vague about the statute. United States v. Granberry, 916 F.2d 1008, 1010 (5th Cir. 1990). The Sixth Circuit held that the fact that the Analogue Act does not specifically list the chemicals that are controlled substance analogues does not necessarily render the Act unconstitutionally vague. United States v. Hofstatter, 8 F.3d 316 (6th Cir. 1993), cert. denied, 510 U.S. 1131, 114 S. Ct. 1101 (1994). The court noted that such a list might be impossible to obtain due to the creativity of amateur chemists. Id. at 322. The court held that the Act’s requirement that the analogue be “intended for human consumption” “sufficiently constrains law enforcement officials and discourages arbitrary or discriminatory application of the law.” Id. The Eleventh Circuit held that the Analogue Act was not void for vagueness as applied to MDMA [3] where the defendants had actual notice that possessing precursor chemicals was prohibited. United States v. Carlson, 87 F.3d 440 (11th Cir. 1996), cert. denied, 522 U.S. 895, 118 S. Ct. 238 (1997). In United States v. Fisher, the Eleventh Circuit held that the Analogue Act was not unconstitutionally vague as applied to gamma-butyrolactone (GBL) as an analogue of gammahydroxybutyric acid (GHB), a schedule I controlled substance because its chemical structure and effect on the central nervous system were substantially similar to GHB. 289 F.3d 1329 (11th Cir. 2002). Although noting that the statute may be constitutionally applied in other contexts, a Colorado district court held that the Analogue Act was unconstitutionally vague as applied to AET. [4] United States v. Forbes, 806 F. Supp. 232 (D. Colo. 1992). The court granted the defendant’s motion to dismiss because there was no scientific consensus that AET had a chemical structure that was substantially similar to DMT or DET and therefore there was no way for the defendant to determine in advance whether AET was substantially similar to a controlled substance. Id. at 238. The court expressed concern that the analogue definition as applied to AET would permit arbitrary enforcement. Id. at 238-39. The court noted that the defendant had been investigated for the same offense two years prior, but the government did not prosecute at that time because a Drug Enforcement Administration (DEA) chemist had concluded that AET was not substantially similar to DMT or DET. Id. The Analogue Act is not unconstitutionally vague on its face. Defendant first argues that the Analogue Act is unconstitutionally vague and constitutes an ex post facto law because the Defendant has no reasonable basis for knowing what substance is illegal if it is not actually and properly defined as an illegal substance by the appropriate statutes as administered by the Secretary of Health and Human Services. However, as the preceding discussion indicates, the constitutionality of the Analogue Act is well established. The Court finds the Analogue Act is sufficiently precise and agrees that failure to specifically

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION list controlled substance analogues does not necessarily render the statute unconstitutionally vague. See, e.g., Fisher, 239 F.3d at 1337 n.11, [5] Hoffstatter, 8 F.3d at 322. The very purpose of the statute, which is to prevent development of new drugs by underground chemists attempting to create new drugs that are not scheduled, necessitates some elasticity and prevents a specific listing of chemical analogues. This important legislation illustrates the futility of relying upon attempts to control the importation of existing controlled substances, when domestic underground chemists can create synthetic ones with the potential to be equally, or more, dangerous. The language of the statute provides specific restraints on law enforcement when it defines a controlled substances analogue and requires that it be intended for human consumption. Accordingly, the Court FINDS that the Analogue Act is not unconstitutionally vague on its face. The Analogue Act is not unconstitutionally vague as applied to “Foxy” and AMT. Defendant also argues that the Analogue Act is unconstitutionally vague as applied to “Foxy” and AMT because it neither fairly nor effectively safeguards against arbitrary enforcement. Here, however, the Defendant had actual notice of the Analogue Act and researched and discussed its applicability, thus foreclosing a vagueness challenge in the instant case. Witnesses testified that the Defendant showed them at least one website warning that “Foxy” could be prosecuted under the Analogue Act. The Defendant’s roommate testified that when he asked the Defendant about the legality of the drug, the Defendant responded that it was not classified as a controlled substance, but that the “drug look alike act” might apply. Furthermore, like the defendant in Carlson, this Defendant attempted to conceal his activity from law enforcement. Firstly, the Defendant attempted to obtain precursor chemicals from a supplier alleging that he was a research company conducting a study of their pharmacological effects. Secondly, prior to the search of his apartment, the Defendant moved the tablet press from his apartment to another location and informed his roommate to flush the pills if the law appeared. Thus, the Court FINDS that the Analogue Act is not unconstitutionally vague as applied to the Defendant’s alleged manufacture and sale of “Foxy” and AMT under the facts of this case. “Foxy” and AMT are Controlled Substance Analogues under the Analogue Act. Defendant’s third argument challenges the applicability of the Analogue Act to “Foxy” and AMT, requiring the Court to determine whether these substances are controlled substance analogues under the statute. After the motion was fully briefed and all of the evidence was presented, the Government raised the issue of whether the Court or a jury should decide whether “Foxy” and AMT are controlled substance analogues of DET and AET, respectively, as defined by the statute. This occurred after the Defendant and the Government had represented to the Court that its decision on the issue would “decide the case.” When the

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Government raised the issue, the Defendant stated he was submitting the issue to the Court for decision and the Government later agreed to submit the issue to the Court. It this appears to the Court that the issue is properly before it for decision. Before the Court applies the statute, it must first determine the burden of proof to be applied in deciding this motion. The Government has the burden of proving that AMT and “Foxy” are controlled substance analogues. Because this issue is an essential element of the Government’s proof, the Court finds the Government has the burden of proving beyond a reasonable doubt that these substances meet the statutory definition of a controlled substance analogue. [6] The Analogue Act contains three subparagraphs. There is some dispute as to whether the three prongs of the Act are to read in the disjunctive or whether the Government must prove conjunctively substantially similar chemical structure and either substantially similar effects or represented to have substantially similar effects. All of the cases that have interpreted the Analogue Act, with one exception, have held it should be interpreted in the conjunctive, meaning that the Government must establish subparagraphs (i) and (ii) or subparagraphs (i) and (iii). Compare United States v. Vickery, 199 F. Supp.2d 1363 (N.D. Ga. May 16, 2002) (holding the Analogue Act must be construed conjunctively to avoid unintended or absurd results), and United States v. Clifford, 197 F. Supp.2d 516 (E.D. Va. 2002) (holding that the plain meaning of the statute and legislative history requires a conjunctive interpretation), and United States v. Roberts, 2001 U.S. Dist. LEXIS 20577, 2001 WL 1646732 (S.D.N.Y. Dec. 14, 2001) (same), and United States v. Forbes, 806 F. Supp. 232 (D. Colo. 1992) (holding that a controlled substance analogue must satisfy clause (i) and clauses (ii) or (iii)), with United States v. Grieg, 144 F. Supp.2d 386 (D. Vi. 2001) (holding a substance may be a controlled substance analogue if it satisfies section (i), (ii), or (iii)). This Court adheres to those cases adopting the conjunctive interpretation and finds that the Government has proven at least subparagraphs (i) and (ii) of the statute beyond a reasonable doubt in the instant case. [7] The Defendant presented evidence challenging the Government’s claim that the chemical structures of the alleged analogue substances were substantially similar to certain scheduled controlled substances as required by subparagraph (i) of the statute. However, the Defendant did not present evidence to challenge the Government’s evidence as to subparagraphs (ii) and (iii) of the statute. With respect to the substantially similar effects prong, the Defendant simply criticized studies in the field cited by the Government, but was unable to cite any contrary studies or even any contrary anecdotal evidence. The Defendant offered no challenge to the Government’s evidence as to subparagraph (iii) of the statute. AMT and “Foxy” have substantially similar chemical

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION structures to AET and DET, respectively. The expert for the Defendant agreed with the Government’s expert that AMT and AET have substantially similar chemical structures. Structurally, the only difference between AMT and AET is the addition of one methyl group (one carbon chain). Thus, the Court finds that the chemical structure of AMT is substantially similar to that of AET, a schedule I controlled substance. Although there is greater chemical structural difference between “Foxy” and DET, the Court finds that the chemical structure of “Foxy” is substantially similar to DET. “Foxy” and DET share the same core arrangement of atoms, known as tryptamine. [8] Tryptamine is the core element of a number of hallucinogenic drugs. DET is created by adding two ethyl groups (two carbon chain) to the tryptamine core. “Foxy” is produced by adding a methoxy group (CH3O) to the number 5 carbon in the phenyl ring (6 carbon ring) and changing the diethyl groups (two carbon chain) of DET to diisopropyl (three carbon chain with a branching structure). The substitutions [9] on “Foxy” and DET increase the lipophilicity of both compounds as compared with tryptamine alone, and thereby prevent them from being metabolized before they enter the brain; thus enabling each compound to penetrate the blood stream and enter the brain. Lipophilicity is an indicator of the ability of a compound to penetrate the blood brain barrier. Significantly, all of the experts agree that “Foxy”, which is lengthened by one methyl group, has a slightly higher lipophilicity rating than DET, which means it has a greater ability to penetrate the blood stream. The Court finds that the substitutions to “Foxy” and DET, while not identical, are substantially similar. The tryptamine core is intact and therefore identical in the two compounds, and the remaining elements are substantially similar. Both of the Government’s experts, Dr. Harvey Lazar, a chemist with the DEA, and Gretchen Feussner, a pharmacologist with the DEA, testified that DET and “Foxy” possessed substantially similar chemical structure. The Defendant’s expert, Dr. Milton L. Brown, a knowledgeable and credible physician and professor of Chemistry at the University of Virginia, distinguished a number of the chemical properties of “Foxy” and DET. However, the first prong of the Analogue Act refers to the structure, not the properties, of the substances being compared. As Dr. Lazar testified, a chemical compound’s properties are not part of its chemical structure. As illustrated by Exhibit B, prepared by Dr. Brown and entitled Chemical Properties Outline, a compound’s structure is one of its properties, but the inverse is not true, and the terms structure and properties are not synonymous. Interestingly, counsel for the Defendant attempted to elicit from Dr. Brown an opinion that the structures of DET and “Foxy” were not substantially similar, but the Court interprets Dr. Brown’s testimony, as well as the weight of the evidence, as opining that the properties, as opposed to the structure, were not substantially similar. Accordingly, this Court concludes beyond a reasonable doubt that the chemical structure of “Foxy” is substantially similar to that of DET. AMT and “Foxy” have hallucinogenic effects substantially

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similar to or greater than the hallucinogenic effects of AET and DET, respectively. AMT, AET, “Foxy” and DET share an identical tryptamine core that, with certain substitutions, can alter the central nervous system and produce significant hallucinogenic effects. Uncontroverted evidence presented by the Government confirms that AMT and AET share substantially similar hallucinogenic effects. Ms. Feussner testified for the Government that AMT and AET are known to have similar hallucinogenic effects. Other witnesses testified that AMT produces hallucinogenic effects lasting from five to ten hours. The evidence is even more persuasive as to “Foxy.” Several witnesses testified regarding the effects of “Foxy,” likening it to MDMA, AET, and LSD, all schedule I controlled substances. These witnesses described “Foxy” as producing an initial Ecstasy feeling followed by substantial hallucinogenic effects similar to those of LSD. Although Ecstasy has an amphetamine core and LSD has a tryptamine core, both are hallucinogenic drugs. The comparison of “Foxy” to LSD, DET and AET provides evidence of similar effect because these substances all contain tryptamine. The evidence indicates that tryptamine becomes hallucinogenic when certain substitutions increase its lipophilicity thereby preventing the metabolism of the substance and enabling it to travel to the brain and produce hallucinogenic effects. Although different substitutions may affect the duration and intensity of the effect, the hallucinogenic effects of the various compounds containing tryptamine, including DET, are substantially similar. Dr. Brown criticized the various studies conducted on “Foxy” and AMT. He testified that such anecdotal reports, affidavits and testimonials are not considered scientifically reliable. However, he acknowledged that his research uncovered no evidence to contradict these findings. The Court FINDS that Dr. Brown is attempting to apply the same test for finding a substantially similar stimulant, depressant or hallucinogenic effect under the statute as the medical community requires for the approval of new prescription drugs to be utilized in medical treatment. The Court FINDS that the use of the term substantially similar in the Analogue Act creates an entirely different test than the scientific methodology required in the prescription drug approval process. The studies and anecdotal evidence presented by the Government are unrebutted. For example, although Schulgin (sic) and Carter’s study on the effects of “Foxy” on humans may not meet the test for scientific methodology applied to the approval process for prescription drugs, it does provide persuasive evidence of the hallucinogenic effects of this drug. The Court classifies the evidentiary weight of the Government’s studies as greater than anecdotal, but less than scientifically acceptable in the prescription drug approval process. The cumulative weight of the studies and the anecdotal evidence is sufficient to prove beyond a reasonable doubt that the effects on humans of AMT and “Foxy” are substantially similar to AET and DET, respectively. [10] iii) The Defendant represented that AMT and “Foxy” had

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION hallucinogenic effects substantially similar to or greater than the hallucinogenic effect of a controlled substance in schedule I or II. Finally, unrebutted evidence establishes that the Defendant represented and intended that the effects of AMT and “Foxy” were substantially similar to the effects of various schedule I controlled substances. Witness testimony established that the Defendant related the effects of these substances to MDMA and LSD and that the Defendant showed witnesses websites that described the hallucinogenic effects of these drugs and compared them to MDMA and LSD. The evidence is not clear that the Defendant represented specifically that AMT and “Foxy” had substantially similar effects as AET and DET, respectively. Because the Court has decided that the Government has met subparagraphs (i) and (ii) of the statutory definition, it need not find whether the represented substance under subparagraph (iii) must be the same as the substance which has a substantially similar chemical structure under subparagraph (I). An argument can be made that subparagraphs (i) and (iii) need not match up as to the substance although, in the view of this Court, subparagraphs (i) and (ii) must so match. However, the Court FINDS this issue to be moot and declines to decide it.

SUMMARY Thus, the Court FINDS that AMT and “Foxy” are controlled substance analogues of AET and DET, respectively, as defined by the Analogue Act. The Court bases its decision upon the expert witness testimony, the evidence of studies and the anecdotal evidence which cumulatively prove beyond a reasonable doubt that the Government has met the definition of controlled substance analogue under subparagraphs (i) and (ii) of the Analogue Act. The Court further FINDS that the Analogue Act is not unconstitutionally vague on its face or as applied in the instant case.

ORDER The Court DENIES the Defendant’s motion to dismiss the indictment. The Clerk is REQUESTED to mail a copy of this Order to all counsel of record. It is so ORDERED. (Signed) Henry Coke Morgan, Jr. United States District Judge Norfolk, Virginia October 18, 2002

FOOTNOTES: 1. 2.

Here, the Court FINDS beyond a reasonable doubt from the undisputed evidence that the Defendant manufactured the AMT and “Foxy” for human consumption. See Controlled Substances Act, 21 U.S.C. Sections 801 et seq. Section 812 (c) specifies that 3,4-methylenedioxy-amphetamine

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(sic) is a schedule I controlled substance. Although initial attempts to temporarily schedule MDMA as a controlled substance were invalidated, MDMA has since been validly listed as a Schedule I controlled substance. 4. AET has since been listed as a schedule I controlled substance. See Placement of Alpha-Ethyltryptamine into Schedule I, 59 Fed. Reg. 46757 (Sept. 14, 1994). 5. Footnote 11 states in part: Because a controlled substance analogue statute exists, the only step Congress had to take to make GHB analogues illegal was to schedule GHB a controlled substance. It did not have to specifically identify GHB analogues or place all GHB analogues on a list . . . Therefore, under current law, all substances that meet the definition of a controlled substance analogue are illegal. No list of controlled substance analogues is necessary. 6. Reviewing the case law under the Analogue Act, the Court was unable to find a case specifically addressing the Government’s burden of proof. However, “the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.” In re Winship, 397 U.S. 358, 364, 90 S. Ct. 1068 (1970). Furthermore, by analogy to cases addressing the burden of proof as to illegal firearms, the Court concludes that the Government must prove beyond a reasonable doubt that these substances meet the statutory definition of a controlled substance analogue. See, e.g., United States v. Spinner, 152 F.3d 950 (D.C. Cir. 1998) (“To obtain a conviction under [18 U.S.C.] section 922(v)(1), the government must prove beyond a reasonable doubt that the recovered weapon satisfied the statutory requirements.”); United States v. Stout, 667 F.2d 1347 (11th Cir. 1982) (“In a prosecution for illegal possession of firearms, the burden of proof is on the government to prove each element of the offense beyond a reasonable doubt.”) 7. No cases have required the Government to prove all three subparagraphs to establish that a substance is a controlled substance under the Analogue Act. 8. The attached Exhibit A, prepared by Defendant’s expert, Dr. Brown, entitled Structural Transformation, illustrates the chemical structures of Tryptamine, DMT, DET and “Foxy.” 9. The experts used the term “substitutions” to describe what a layman might refer to as additions to the chemical structures of the compound in issue. In the experts’ analysis, the additions result in a change in an element of a compound; thus, in their terminology, an element containing “additions” is substituted for an original element of a compound. 10. Much of the Government’s anecdotal evidence focused on the similar effects on humans of “Foxy” on the one hand and Ecstasy and LSD on the other. However, it is not sufficient to prove that DET and “Foxy” have substantially similar chemical structures and rely upon another substance, such as Ecstasy or LSD, to meet the second prong of substantially similar effect. Such is not the evidence here, as the Government did prove beyond a reasonable doubt that DET and “Foxy” have both chemical structures and effects on humans which are substantially similar. 3.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

PRODUCTION OF ANHYDROUS AMMONIA USED TO PRODUCE METHAMPHETAMINE VIA THE BIRCH REDUCTION METHOD BRADLEY M. CROW B.A.; FORENSIC SCIENTIST III Kansas Bureau of Investigation 1620 SW Tyler Topeka, KS. (785)-296-8336, [email protected]

OVERVIEW Anhydrous ammonia can be produced from mixing ammonium nitrate, sodium hydroxide, and water. The vapor produced by this reaction can be condensed into liquid anhydrous ammonia suitable for producing methamphetamine utilizing the Birch reduction method.

MATERIALS 500 mL squeeze bottle 22 inches of rubber tubing Insulated container 2 clamps 100 mL beaker Filter paper

(2) 250 mL squeeze bottles 15 inches of rubber tubing 2 ring stands 50 mL beaker Glass disposable pipet pH paper

CHEMICALS ammonium nitrate, Acros, Lot # A015472801 sodium hydroxide, Fisher, Lot # 972360 tap water liquid nitrogen d-pseudoephedrine HCl, Sigma, Lot # 93F-0511 sodium metal ethyl ether, Fisher, Lot # 012252-15 hydrochloric acid, Fisher, Lot # 023844

INSTRUMENTATION AND PARAMETERS Hewlett-Packard 6890 gas chromatograph equipped with an HP-Ultra 1 crosslinked methyl siloxane column (12M x 0.2mm x 0.33 micrometer film thickness) and a 5973 mass selective detector (mass range 40 to 400 AMU). Temperature program: starting temperature 100oC for 1 minute, ramp rate 25oC per minute, and a final temperature 290oC for 2.4 minutes.

EXPERIMENTAL Fill a suitable insulated container that will hold a 250 mL squeeze bottle with liquid nitrogen and place container on a ring stand. Purge the 250 mL squeeze bottle with nitrogen gas and place it into the insulated container containing the liquid nitrogen. Place a clamp on the ring stand and secure to the neck of the squeeze bottle. Attach the larger piece of rubber tubing to the squeeze bottle.

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Remove the inner stem from the 500 mL squeeze bottle and add 60 grams of ammonium nitrate, 108 grams of sodium hydroxide, and approximately 0.5 mL or less of water. Quickly cap the squeeze bottle and place it in the clamp on the other ring stand. Attach the other end of the tubing coming from smaller squeeze bottle. The reaction produces heat. Periodically, shake the squeeze bottle to produce more ammonia vapor. Note that if large squeeze bottle begins to collapse, the tubing needs to be removed to break the vacuum and then reattached. When the heat subsides, remove the tubing from the small squeeze bottle and remove the bottle from the liquid nitrogen. At this point, there should be a visible frozen mass inside the small squeeze bottle. If none is present or only a small amount is present, repeat. Allow the mass to thaw, and transfer the liquid to a 50 mL beaker. You should have at least 10 mL of liquid for this step. Add 0.27 grams of sodium metal to the liquid and allow it to dissolve. Add 1.08 grams of d-pseudoephedrine HCl to the solution and stir. Alternatively, this step can be carried out directly in the squeeze bottle holding the condensed anhydrous ammonia. Allow the remaining anhydrous ammonia to evaporate. Carefully add water to neutralize any remaining sodium metal that may still be present. Add approximately 25 mL of ethyl ether to the beaker, stir, and filter the contents into the 100 mL beaker. Use more ethyl ether if all of the solid material does not transfer to the filter paper. The final volume should be approximately 50 mL to 60 mL. Remove inner stem from the other 250 mL squeeze bottle and add approximately 30 mL of hydrochloric acid and cap. Attach the smaller piece of rubber tubing to the bottle and attach a disposable pipet to the other end. Place tip of pipet into the ethyl ether solution and gently squeeze bottle to introduce the hydrogen chloride gas into the solution. Crystals should start to form. Once the pH is approximately 0, this step is complete. Filter the solution and allow the filtrate to dry.

RESULTS AND DISCUSSION This method is a viable procedure for the production of condensed anhydrous ammonia and the subsequent production of methamphetamine. The amount of powder recovered from this method was 0.74 grams (74% yield) and when quantitated was found to be approximately 53% pure (39% yield). There was a

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION quantity of unreacted d-pseudoephedrine that carried through the reaction, but there were no Birch reaction byproducts identified [Fig. 1].

REFERENCES 1.

Ammonium Nitrate, The Merck Index, Thirteenth Edition, Page 91.

2. 3.

Sodium Hydroxide, The Merck Index, Thirteenth Edition, Page 1542. R.A. Ely and D.C. McGrath, “Lithium-Ammonia Reduction of Ephedrine to Methamphetamine: An Unusual Clandestine Synthesis,” Journal of Forensic Science, Volume 35, Number 3, Pages 720-723.

methamphetamine

pseudoephedrine

Figure 1. TIC and mass spectrum of methamphetamine powder after reduction

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

CLANDESTINE AMMONIA GENERATION ERIC C. PERSON, PH.D., AND LORI A. KNOPS Washington State Patrol Marysville Crime Laboratory 2700 116th St. NE Suite P Marysville, WA 98271 ([email protected] and [email protected])

ABSTRACT Northwest Washington has seen a dramatic increase in the number of clandestine methamphetamine laboratories where ammonium sulfate fertilizer is being used to generate ammonia. Despite concerns that water in ammonia generated in this manner would interfere with the lithium–ammonia manufacturing method, it was determined that ammonia could be generated from ammonium sulfate fertilizer of sufficient quality to allow the chemical reduction of ephedrine or pseudoephedrine. It was also determined this reduction could be accomplished in the presence of at least 10% water, methyl alcohol, or isopropyl alcohol in the ammonia used in this method. The use of fertilizer and lye to generate ammonia is a viable means of manufacturing methamphetamine, even without taking care to remove water from the generated ammonia. Despite the presence of water contamination, this material may still fall under the intended meaning of statutes listing anhydrous ammonia. Other terms, such as liquid ammonia, liquefied ammonia, or condensed ammonia gas may also be used to refer to this material.

INTRODUCTION Ammonia is a colorless gas with a characteristic pungent odor, which is often associated with household cleaners. It is a caustic corrosive irritant, an excellent solvent, reactive with many materials, and highly soluble in water. Ammonia gas can be liquefied by cooling to temperatures below –33ºC (–28ºF), pressurization to pressures above 8.5 atmospheres, or a combination of the two [1]. Ammonia has legitimate uses in a wide variety of applications. Solutions in water are common in household and industrial cleaners. Anhydrous ammonia is used: in agriculture to supplement the nitrogen content of soil, in refrigeration, in the manufacture of explosives, and in the manufacture of other chemicals. Liquid ammonia is used widely in synthetic chemistry due to its excellent solvation properties. Liquid ammonia is used illegally in the manufacture of methamphetamine. Dissolving pseudo/ephedrine and an alkali metal in liquid ammonia results in a chemical reduction of the pseudo/ephedrine to form methamphetamine, and is commonly referred to as the “Nazi” method or Birch reduction. This method is a dissolving metal reduction using lithium metal and liquid ammonia and is actually a cross between the Birch reduction, using sodium metal in the presence of liquid ammonia and an alcohol, and the Benkeser reduction, using metallic lithium and a low molecular weight amine or a mixture of amines [2, 3].

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Lithium metal is encountered more frequently than sodium in clandestine methamphetamine laboratories due to its availability in lithium batteries and ammonia is used as the amine. Compared to other alkali metals, such as sodium and potassium, lithium has the highest solubility in ammonia. This means an even greater difference in the available actual reduction potential [4]. We will hereafter refer to this method as the lithium–ammonia method. While the majority of the other items needed for the manufacture of methamphetamine using the lithium–ammonia method are available at local grocery, home improvement, and hardware stores, liquid ammonia is not. Since the emergence of the lithium–ammonia method of manufacture in the early 90’s [2], theft of ammonia from agricultural and industrial facilities has been a growing problem. In the state of Washington in 2001, ammonia was the most frequently released hazardous substance. “Deliberate damage / illegal activity” accounted for 60% of these releases. Most of these involved residential areas [5]. These releases and the associated costs have led to increased security and prevention efforts, making ammonia more difficult to obtain [6]. Clandestine chemists have found ways around these efforts and protections in Northwest Washington. In the past two years, there has been a shift from individuals stealing ammonia towards the use of clandestinely generated ammonia. In Snohomish County, about 30 miles north of Seattle, the clandestine generation of ammonia for use in the lithium–ammonia method is used almost to the exclusion of other manufacturing methods [7]. The clandestine generation of ammonia is typically accomplished by mixing an ammonium salt, such as those found in fertilizers, with a strong base, such as lye. The reaction of these materials forms ammonia gas, water, and inorganic salts (Eq. 1). (Eq. 1)

(NH4)2SO4 + 2NaOH

2NH3 + Na2SO4 + 2H2O

The escaping ammonia gas is then condensed to yield the liquid form of ammonia. This can be achieved through pressurization, but is more often accomplished using a cold bath to lower the temperature of the ammonia until it is a liquid. Dry ice and any one of a number of solvents can be used to generate a bath below the boiling point of ammonia, and are the most frequently used cold baths in Northwest Washington. The use of liquid propane to condense ammonia has been reported in the Midwest [8, 9]. If not kept cold or pressurized, the liquid ammonia will immediately begin to evaporate.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Several common fertilizers contain ammonium salts. Ammonium sulfate fertilizer, 21–0–0, is used most frequently in the clandestine manufacture of ammonia in Northwest Washington. Ammonium nitrate fertilizer, 34–0–0, is reported as being used frequently in other areas [8–10]. Other ammonium salts may also work in the ammonia generation process. This includes other fertilizers such as Miracle Grow as well as salts such as aluminum ammonium sulfate, which has recently been identified in case samples [11]. The numerical designations on the fertilizer provide information regarding the nitrogen content of the fertilizer, but do not distinguish between ammonium and other nitrogen salts, such as urea. The numerical N–P–K designation on the fertilizer refers to the percentage of nitrogen (N), available phosphate (P2O5), and soluble potash (K2O). For example, the percentage of nitrogen in ammonium sulfate is 21% and the N–P–K designation for this type of fertilizer is 21–0–0. The percentage of ammoniacal nitrogen, which is not necessarily the same as the percentage of total nitrogen, can be used to determine a theoretical yield for the ammonia generation process, but more work will be required to determine a window of reasonable practical yields for this process. There are a number of recipes available over the Internet, which describe how this process can be accomplished. One of the most comprehensive, called “The Complete Birch,” was written by Mister Clean [12]. In general, these recipes call for a container used as a generator where the fertilizer, lye, and a small amount of water are mixed. In Northwest Washington, metal containers such as propane tanks and fire extinguishers are commonly used as generators. The generator is typically connected by tubing to a receiving vessel where the liquefied ammonia is collected. Recipes differ on the use of intermediate traps and how long the process takes. Mister Clean uses both an ice bath and a calcium chloride drying tube to remove traces of water from his process. He reports that it can take an hour to get the first milliliter of ammonia, and that it can take eight hours to generate 500 milliliters from 30 pounds of fertilizer and 7 pounds of lye. The ammonia generation setups observed at clandestine methamphetamine laboratories in Snohomish County do not have the intermediate water traps described in Mister Clean’s recipe. Instead they typically consist only of a metal container used as a generator connected by tubing to some container used as a receiving flask (Fig. 1). This tubing is then cooled using a dry ice and solvent bath. The metal containers are apparently being used so the cooks can use propane torches to heat the generators in order to drive off any remaining ammonia. The absence of water traps in the setups raises the question of whether these traps are necessary, or if in fact clandestinely generated ammonia will be of sufficient quality to manufacture methamphetamine. Empirical evidence derived from this method’s widespread use suggests that the ammonia is of sufficient quality. The purpose of this project was to determine if this is in fact the case. This project also addresses whether water must be removed from ammonia generated in this fashion, and how tolerant the Birch– Benkeser reduction is to the presence of water and alcohols. This

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Fig. 1 The equipment shown in these two photographs are representative of the types of equipment used in Snohomish County for the clandestine generation of ammonia. Metal containers such as propane cylinders (A) and fire extinguishers (B) are typically used as generators, and burn marks are often observed around the bottom of these containers. leads to a discussion of terminology often used to describe ammonia, including the meaning of the term anhydrous ammonia.

EXPERIMENTAL Chemicals Reagent grade chemicals were obtained from Sigma–Aldrich Chemical Company, VWR, or other commercial sources. Anhydrous ammonia was obtained from Airgas. The crystalline ephedrine and pseudoephedrine tablets used were taken from seized samples. ColorpHast pH test strips and JT Baker NH4+ test strips were purchased through VWR. All of the materials required for the manufacture of methamphetamine using clandestine ammonia generation are available over–the–counter from local stores. With the exception of lithium ribbon purchased from Aldrich and acetone purchased from VWR, all of the materials for the demonstration were

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION obtained in this fashion. Ammonium sulfate was sold as 21-0-0 fertilizer in 20 pound bags. Sodium hydroxide was sold as Red Devil Lye for use in unclogging drains. Dry ice was sold by a local grocery store for making punch, freezing meat, use in coolers, or for use by mechanics in separating metal parts. Though lithium ribbon was used in this project, it is available in the form of lithium camera batteries. Pseudoephedrine can be extracted from a variety of over–the–counter cold and allergy medications. Many polar and non–polar solvents are available from home improvement stores for use in thinning or stripping paint or other applications. In addition, materials needed to provide all of the required equipment and glassware to a creative cook are available at local stores. Analytical Methods Chemical analysis conformed to the requirements for analysis of clandestine drug laboratories in the Washington State Patrol Crime Laboratory using methods including Gas Chromatography– Mass Spectrometry (GC–MS), Fourier Transform–Infrared Spectrophotometry (FTIR), X–Ray Fluorescence (XRF), Capillary Electrophoresis (CE), and wet chemical methods. GC–MS analysis was conducted using an Agilent 6890N Gas Chromatograph with a 5973N Mass Selective Detector. A 30-meter HP–5MS 0.25 mm inside diameter column was used with a constant flow of 1.5 milliliters of helium per minute. After one minute at 100°C, the oven temperature was ramped to 280°C at 25°C per minute. One microliter was injected with a 150:1 split ratio. Acetylation of samples was accomplished by adding approximately 5 microliters of acetic anhydride to the sample vial. FTIR analysis was conducted using a Nicolet Nexus 670 bench with either an attenuated total reflectance (ATR) or diamond anvil cell (DAC) accessory. XRF analysis was conducted using an Eagle II Micro XRF with an excitation energy of 40 kilovolts and 1 milliamp of current. CE cation analysis was conducted using an Agilent Capillary Electrophoresis Unit with a diode array detector. A 64.5 centimeter (56 centimeter effective length), 50 micron inside diameter fused silica capillary was used with a 30 kilovolts run voltage for eight minutes. Electrokinetic injection was accomplished using 10 kilovolts for 2 seconds. Indirect UV detection of ions was accomplished using Agilent’s cation buffer and monitoring the absorbance at 200 nanometers. The Agilent cation standard solution (containing NH4+, K+, Na+, Ca++, and Mg++) was mixed with 50–millimolar lithium phosphate.

Fig. 2 Red plastic gas cans were used as the generators. The cans were connected with ¼” inside diameter flexible tubing to glass jars. In the open system (A) the tubing was run directly into the top of the jar. In the closed system (B) the tubing was run through a hole in a metal lid and then into the jar.

Ammonia Generation Demonstration Round white tablets marked “LAN 1290” (56.2 grams, net weight) were powdered using a coffee grinder. This corresponds to approximately 390 tablets containing a total of approximately 23 grams of pseudoephedrine hydrochloride. This powdered tablet material was extracted with laboratory grade methyl alcohol.

The methyl alcohol and tablet mixture was filtered through nested coffee filters to separate insoluble tablet binder materials. The methyl alcohol was evaporated leaving 19.9 grams of white material. FTIR analysis indicated this material was primarily pseudoephedrine hydrochloride with a small extra peak in the carbonyl stretch region (presumably a small amount of residual

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION tablet material). Approximately 4 pounds of Lilly Miller (21–0–0) ammonium sulfate fertilizer, was mixed with approximately 1 pound of Red Devil Lye in each of two 2–gallon plastic gasoline cans (hereafter referred to as ammonia generators). Ten feet of 0.25 inch ID flexible tubing was attached to each ammonia generator, coiled in a dry ice–acetone bath, and run into one–quart glass jars also placed in the bath. In the first reaction system, the jar did not have a lid (open system, Fig. 2a). In the second system, the end of the tubing was run through the lid (closed system, Fig. 2b). Approximately 10 milliliters of water was added to each ammonia generator to initiate the ammonia generation. The ammonia generators were shaken periodically to maintain ammonia production. After 30 minutes, approximately 400 milliliters of clear liquid had been collected in each jar. In the open system, some white solid material was observed at the bottom that was not observed in the closed system. The waste material in the ammonia generator from the open system contained ammonium sulfate and indications of a sodium salt. Based on the analysis of waste materials, significantly more lye could have been included to generate more ammonia from the existing fertilizer. In retrospect, approximately 1.6 pounds of ammonium sulfate for each pound of lye is closer to the stoichiometric ratio. Pseudoephedrine hydrochloride was added to the liquid generated in each system (10.9 grams in the open system and 9.0 grams in the closed system). Lithium metal (approximately 1–2 grams) was added portion–wise until a blue color persisted in the liquid. After allowing the ammonia to evaporate, water was added to the reaction mixture slowly to quench excess lithium. After approximately 300 milliliters of water had been added, the water layer from each system was extracted twice with a solvent (Coleman Fuel for the open system and Xylene for the closed system). The bi–layer liquid from each system contained methamphetamine, 1–(1’,4’–cyclohexadienyl)–2–methylaminopropane (CMP), lithium salts, and ammonia. Internet recipes discussed bubbling evaporating ammonia through muriatic acid to reduce ammonia vapors escaping from the reaction. A portion of the ammonia evaporated from these two systems was bubbled into muriatic acid to provide an example of the type of sample we should expect to see. This generated a white precipitate that was found to contain ammonium chloride. In our case, the liquid was strongly acidic (pH of approximately 1), but the pH would be expected to vary depending on the amount of ammonia that had been bubbled through the liquid. The white precipitate was prepared for analysis by filtering and washing with acetone to remove excess muriatic acid. Addition of acetone to the liquid (observed in the filtrate) induced precipitation of additional ammonium chloride. An NH4+ test strip dipped in a portion of the liquid to which strong base had been added gave a strong positive response. These two responses may provide useful screening tests for this type of sample. Hydrogen chloride gas was generated by adding drain cleaner containing sulfuric acid to a few inches of rock salt in a 1–gallon

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garden sprayer until gas production was evident. The sprayer was then closed and the spray attachment was used to bubble hydrogen chloride gas through the solvent layers from each system. The solutions quickly turned cloudy as precipitates formed. The precipitates were separated using coffee filters. Hydrogen chloride gas was bubbled through each filtrate resulting in the formation of additional precipitate, which were also separated using coffee filters. Each filtrate was found to contain methamphetamine and CMP. Each precipitate was found to contain methamphetamine and CMP (Fig. 3a and 3b). As the reaction materials were sampled at several points during the manufacturing process, the yields were not calculated. Reductions using Ammonia with 10% water Approximately 50 milliliters of commercial anhydrous ammonia was transferred to a beaker. Approximately 0.25 gram of ephedrine HCl dissolved in 5 milliliters of water was added to the ammonia followed by portion–wise additions of lithium (more than 0.05 gram). The pieces of lithium did not release a blue color immediately upon addition, but a faint blue color appeared around the pieces as the ammonia evaporated. Once the evaporation of ammonia was complete, additional water was added to the reaction, which was then extracted with pentane. The extract contained methamphetamine, CMP, and ephedrine– pseudoephedrine (Fig. 4a). A yield was not calculated. Reduction using Ammonia with 10% Methyl Alcohol The process described above was repeated using 5 milliliters of methyl alcohol to dissolve the ephedrine HCl. When the lithium was added, a blue color was released into an area immediately around the edge of the lithium piece. Once the evaporation of ammonia was complete, water was added to the reaction, which was then extracted with pentane. The extract contained methamphetamine, CMP, ephedrine–pseudoephedrine, another reduced methamphetamine, and an oxazolidine (Figure 4b). A yield was not calculated. Reduction using Ammonia with 10% Isopropyl Alcohol The process described above was repeated using 5 milliliters of isopropyl alcohol to dissolve the ephedrine HCl. In this case, the pieces of lithium immediately released a blue color into the solution. Once the evaporation of ammonia was complete, water was added to the reaction, which was then extracted with pentane. The extract contained methamphetamine, CMP, and another reduced methamphetamine (Fig. 4c). A yield was not calculated.

DISCUSSION Generated Ammonia Liquid ammonia can be generated in a simple, quick, and easy manner using fertilizer and lye. The ammonia generated in this manner is of sufficient quality to be used in the manufacture of

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION methamphetamine using the lithium–ammonia reduction method. It is not necessary to dry the generated ammonia, as the reaction has been shown to be tolerant of the presence of at least 10% water, methyl alcohol, or isopropyl alcohol. These experiments indicate that residual solvent in the pseudoephedrine does not prevent conversion to methamphetamine. In addition, water generated during the reduction, ammonia generation, or condensation from the atmosphere will not prevent conversion of ephedrine or pseudoephedrine to methamphetamine. Terminology While the liquid form of ammonia, even with contamination of protic solvents such as water, works well in the lithium–ammonia method of methamphetamine manufacture, conventional ammonia cleaners, which are solutions of ammonia in water, do not. The question of terminology then arises from the need to distinguish between these two forms of ammonia in describing the process to the court and writing statutes governing its use. This liquid form of ammonia is often referred to as anhydrous ammonia as opposed to ammonia cleaners, which may be referred to as aqueous ammonia. The term anhydrous ammonia enjoys widespread use, including use in federal statutes governing the transport of this material for legitimate agricultural and industrial uses [13, 14], federal and state statutes governing the theft and illegal use of this material [15–17], and in chemical supply catalogs. In isolation, the word “anhydrous” means without water. This raised the immediate concern of whether ammonia that contained small amounts of water could still be referred to as anhydrous. In essence, do we need to prove only that the liquid is ammonia, or do we also need to prove that there is no water present? Clandestinely generated ammonia is almost certain to contain water contamination resulting from either the water generated along with the ammonia or absorbed from the atmosphere during the generation process. In addition, ammonia stolen from commercial tanks is likely to have been exposed to air during the transfer process, and as a result would be expected to have absorbed water from the atmosphere. Can this material be considered anhydrous ammonia? This concern, in part, led the state of Washington to change it statutes from reading “anhydrous ammonia” to reading “pressurized ammonia gas or pressurized ammonia gas solution” [15]. Are changes of this manner to legislation necessary? In fact, in many cases, even commercial ammonia contains a small amount of water. When ammonia began to be used in agriculture in the 1950’s there were a large number of cracked tanks that resulted from a phenomena called stress corrosion cracking [18]. It was discovered that the presence of water in ammonia could inhibit this process, and the 1962 study by the Agricultural Ammonia Institute recommended that “ammonia should contain at least 0.2% water to inhibit [stress corrosion cracking]” [18]. Legislation now requires that 0.2% water be added prior to transport or storage in quenched and tempered steel containers [14]. As a result, it is unlikely that ammonia used

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in the manufacture of methamphetamine was ever truly without water, and is almost certain to have water contamination by the time it is tested by the laboratory. Despite the water added to inhibit stress corrosion cracking, the material is still described as anhydrous ammonia in the federal statutes governing transport [14]. Ammonia sold in containers requiring the addition of water is still labeled as anhydrous ammonia [14]. The vast majority of commercial anhydrous ammonia, including the commercial ammonia used in this study, contains at least 0.2% water, according to a representative of Oxarc, the company who repackages the anhydrous ammonia distributed through Airgas in our area [19]. Anhydrous ammonia then has a common meaning referring to the liquid form of ammonia, which is distinct from the chemical meaning of the word anhydrous. The term anhydrous ammonia should be viewed as distinguishing ammonia in its liquid form from solutions of ammonia in water. Liquid ammonia, liquefied ammonia, and pressurized ammonia may also be appropriate ways to refer to this material. In the opinion of these authors, based on the use of the term in statutes governing its transport and the tolerance of the reaction to water contamination, it is reasonable to interpret the intent of the term anhydrous ammonia in federal and state statutes as referring to the liquid form of ammonia, regardless of the presence of water contamination.

ACKNOWLEDGEMENTS The following contributions are greatly appreciated. Dr. David Northrop assisted with the ammonia generation demonstration, offered advice on several aspects of this project, and reviewed a draft of this manuscript. The Snohomish Regional Drug Task Force provided valuable assistance in conducting the ammonia generation demonstration. Detective Terry Warren assisted in planning and Detective Shawn Sheridan photographed and video taped the process. The WSP Interagency Bomb Squad allowed us to use their range, which provided an open air, remote, and secure location. David Love, of the DEA South Central Laboratory, provided valuable information on ammonia legislation and terminology. He also reviewed a draft of this paper.

REFERENCES 1. 2. 3.

4. 5.

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“NIOSH Pocket Guide to Chemical Hazards,” U.S. Department of Health and Human Services, 1997; pp 14–15 Dal Cason, T. A., “A Review of the Birch Reduction Method,” CLIC Monograph, September, 1998, pp. 1–3. Birch, A. J.; Smith, H., “Reduction by Metal–Amine Solutions: Applications in Synthesis and Determination of Structure,” Quarterly Reviews, (the Chemical Society, London), Volume XII, 1958, pp. 17–33. Dissolving Metal Reductions, Smith, M. In Reduction, Augustine, R. L., Marel Dekker: New York, 1968; pp 95-108. “Ammonia Emergency Release Events in Washington State, 1993–2001,” Washington State Department of Health, February, 2003; pp 1–13

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION 6. 7. 8. 9. 10. 11. 12. 13. 14.

Schiffner, K., “Making Meth Gets Easier: Home Cooks Now Can Brew Their Own Ammonia,” Everett Herald, July 6, 2003, p. A1. Personal Communication with Detective Terry Warren of the Snohomish Regional Drug Task Force, March 25, 2003. Love, D., “Homemade NH3 Condensation With Propane (l).” CLIC List Server, March 18, 2003. “Production of Homemade Anhydrous Ammonia Increasing in the Midwest,” Microgram, Volume XXXV, Number 9, September, 2002, pp. 204–205. Personal Communication with David Love of the DEA South Central Laboratory, September 6, 2003. Personal Communication with David Northrop of the Washington State Patrol Crime Laboratory, September 8, 2003. Mister Clean, “The Compete Birch,” 2000, Retrieved March, 2003, from: http://www.rhodium.ws/chemistry/birch.mrclean.html. 29 Code of Federal Regulations (CFR) 1910.111 49 Code of Federal Regulations (CFR) 173.315(a)

15. Revised Code of Washington (RCW) 69.55 16. Children’s Health Act of 2000, 21 United States Code (USC) 841.423(a) 17. 21 United States Code (USC) 864(a) 18. Longlow, A. W., “A Review of Stress Corrosion Cracking of Steel In Liquefied Ammonia Service,” Materials Performance, Volume 25, Number 12, December, 1986, pp. 18–22. 19. Personal Communication with Calvin Bladow of Oxarc, Inc., September 25, 2003.

WANT A FREE COPY OF THE JCLIC ARCHIVES CD-ROM? Your submission of information to the CLIC Journal may qualify you for a free copy of the new JCLIC Archives on CD-ROM. The CD, a US$125 value, will be presented to those reports and/or papers which the Editorial Secretary feels make a significant contribution to the field. For more information, contact Editorial Secretary Rachel Cutler at (208) 884-7171.

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Abundance (million counts) Open System

20

A

Methamphetamine 18 16 14 CMP 150

12 10 8 6 4 2 2.00 Time-->

2.50

3.00

3.50

4.00

4.50

5.00

5.50

Abundance (million counts) Closed System

9 8

B

Methamphetamine

7 6 5 4 3 CMP

2

150 1 2.00 Time-->

2.50

3.00

3.50

4.00

4.50

5.00

5.50

Figure 3. The total ion chromatogram for base extracts of the finished product generated using the ammonia from the open system (A) and the closed system (B).

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2004 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 14 NUMBER 1 — JANUARY 2004

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION Abundance (million counts) Approximately 10% Water 6

A

Methamphetamine

5 4 3 2 CMP

150

1

Ephedrine 2.00

2.50

3.00

3.50

4.00

4.50

5.00

5.50

Time-->

Abundance (million counts) 20

Approximately 10% Methyl Alcohol

18

B

Methamphetamine

16 14 CMP

12

150

10 8 6 4 2 2.00 Time-->

2.50

3.00

3.50

4.00

4.50

5.00

5.50

Abundance (million counts) Approximately 10% Isopropyl Alcohol

16 14

Methamphetamine

C

150

12

CMP

10 8 6 4 2 2.00 Time-->

2.50

3.00

3.50

4.00

4.50

5.00

5.50

Figure 4. The total ion chromatogram for the extracts of the reaction mixtures generated using the commercial ammonia with approximately 10% water (A), methyl alcohol (B), and isopropyl alcohol (C).

VOLUME 14 NUMBER 1 — JANUARY 2004

2004 - Clandestine Laboratory Investigating Chemists Association, Inc.

PAGE 27

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION VOLUME 14 NUMBER 3 — JULY 2004

IN THIS ISSUE ... DEA Announces Arrests Of Website Operators Selling Illegal Designer Drugs ................................................................ 2 Cocaine Math Problem Taken To Class ........................................................ 4 NZ And Fiji Police in $870 Million Drug Raid ............................................ 4 Police Raid Huge Meth Lab In Fiji. Chemicals Could Make Drugs Worth Half–Billion Dollars ............................................... 5 Pharmacists Reduce Access To Methamphetamine Ingredients ................... 5 Alberta Pharmacies Restrict Sales Of Cold Remedies Used To Make Crystal Meth ................................................................... 6 Stores Crack Down On Cold Medicine Misuse ............................................ 6 Police Share Millions Seized From Drug Lab ............................................... 7 Membership Applicants and Drops For 2004 ............................................... 8 20 Volume Clear Developer Being Utilized As A Source Of Hydrogen Peroxide For Iodine Recovery David W. Love ......................................................................................... 9 Report Of Red Phosphorus In “Dragon’s Breath” Shotgun Shells Clarence Davis, Laurie Krupa, and David W. Love ............................. 10 Abbreviated Reaction Times in the Red Phosphorus - Iodine Manufacturing Method R. A. Heegel; L. A. Knops, B.S.; D. M. Northrop, Ph.D.; and E.C. Person, Ph.D. ........................................................................................ 11 Indanylamphetamine Identified Hailey R. Newton .................................................................................. 12 The Agony And The Ecstasy Michael Perkal ...................................................................................... 15 ã 2004 - Clandestine Laboratory Investigating Chemists Association, Inc. The Journal of the Clandestine Laboratory Investigating Chemists is published quarterly in the months of January, April, July, and October. The Journal encourages submissions concerning any area of forensic drug analysis, especially relating to the examination and investigation of illicit drug laboratories. The Journal accepts Letters to the Editor, news items, reports of laboratory seizures, reports of new or unusual synthetic methods or apparatus, original research or method development, and commentaries. Contributors are requested to submit material typed, double spaced with proper literature references when necessary. Research papers or material over one page in length are requested to be submitted on IBM computer disk (contact the Editor for more information). The primary goal of the Journal is the rapid dissemination of information regarding illicit laboratories; as such, peer reviews of technical materials will be performed in a timely manner.

Association Officers President: Anneke Poortman Forensic Science Laboratory Volmerlaan 17 Rijswijk 2288 GD The Netherlands 31-70-340-8131 Vice-President: David Love DEA South Central Laboratory 10150 E. Technology Blvd. Dallas, TX 75220-4377 (972) 559-7900 Secretary-Treasurer: O. Carl Anderson Kansas Bureau of Investigation Lab 625 Washington St Great Bend, KS 67530-5442 (620) 792-4353 Membership Secretary: Anne Coxon ESR Ltd. Hampstead Rd Private Bag 92-021 Auckland, NEW ZEALAND 64-9-815-3946 US fax: (760) 437-4423 Editorial Secretary: Rachel Cutler ID State Police Forensic Services PO Box 700 Meridian, ID 83680-0700 (208) 884-7171 Past-President: Peter Vallely Centre for Forensic Science PO Box 594 Archerfield Brisbane, QLD 4108 AUSTRALIA 61-73-274-9031 Executive Board Members: Terry A. Dal Cason DEA North Central Laboratory 536 S Clark St Rm 800 Chicago, IL 60605-1509 (312) 353-3640 Laurette Rapp Acadiana Crime Lab 5004 W Admiral Doyle Dr New Iberia, LA 70560-9135 (337) 365-6671

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

DEA ANNOUNCES ARRESTS OF WEBSITE OPERATORS SELLING ILLEGAL DESIGNER DRUGS

WASHINGTON, DC – DEA Administrator Karen P. Tandy today announced the culmination of “Operation Web Tryp” that resulted in ten arrests and targeted five websites. Operation Web Tryp investigated Internet websites distributing highly dangerous designer drug analogues under the guise of “research chemicals” primarily shipped to the U.S. from China and India. These websites are known to have thousands of customers worldwide. One website operator is known to conduct estimated sales of $20,000 per week, while another is known to have been in business for more than five years. These websites sold substances that led to the fatal overdose of at least two individuals and 14 non–fatal overdoses. “The Internet has become the street corner for many drug users and traffickers. Drug pushers who use the Internet will find themselves out of business and behind bars,” Administrator Tandy said. ‘These dealers now enter into the privacy of our own homes to entice and sell destruction to our children veiled under the illusion of being safe and legal. The formulation of analogues is like a drug dealer’s magic trick meant to fool law enforcement. They didn’t fool us and we must educate our children so they are not fooled either. Today’s action will help prevent future deaths and overdoses, and will serve as notice for those dealing in designer drugs and the illegal use of the Internet.”

ENFORCEMENT ACTIONS This operation resulted in the following website operators arrests on July 21, 2004: WWW.RACRESEARCH.COM and WWW.DUNCANLABPRODUCTS.COM April Curtis and Doug Thompson, website operators of WWW.RACRESEARCH.COM, were arrested yesterday, July 21, in Arizona and Georgia, respectively. The arrests are based on charges of conspiracy to distribute controlled substance analogues out of the Southern District of New York. WWW.RACRESEARCH.COM has so far been linked to non-fatal overdoses of two college students. This investigation by DEA New York and the New York Police Department also uncovered the illegal distribution of designer drugs on WWW.DUNCANLABPRODUCTS.COM . This site was operated by Raymond Duncan and supplied by April Curtis. Duncan was arrested yesterday, July 21, in California based on charges of conspiracy to distribute controlled substance analogues. Both websites were voluntarily terminated. WWW.PONDMAN.NU David Linder, website operator of WWW.PONDMAN.NU was arrested yesterday. This investigation was conducted by

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DEA and the Naval Criminal Investigative Service in Norfolk, VA. The above site, which purportedly sold landscape supplies, also sold designer drugs. Linder supplied these drugs to U.S.-based Navy personnel who later held rave–style parties to facilitate further distribution. To date, an overdose death of an 18–year–old male and three non–fatal overdoses causing serious bodily injuries have been linked to WWW.PONDMAN.NU. Linder is charged with conspiracy to distribute controlled substance analogues out of the Eastern District of Virginia. This website will be voluntarily terminated. WWW.AMERICANCHEMICALSUPPLY.COM DEA Baton Rouge, LA initiated this investigation that resulted in yesterday’s arrest of Michael Burton, operator of WWW.AMERICANCHEMICALSUPPLY.COM. Charges against Burton and an unidentified coconspirator include illegal distribution with enhanced penalties for causing death, aiding and abetting, and forfeiture out of the Middle District of Louisiana. A restraining order will be issued to prevent use of this website. WWW.OMEGAFINECHEMICALS.COM DEA San Diego yesterday arrested Thomas Kasper, Joseph Kasper, Beth Badrak, and Elaine Villalobos, all California residents, on conspiracy charges to distribute controlled substance analogues, distribution of controlled substance analogues to individuals under the age of 21, and money laundering out of the Southern District of California. These four operated WWW.OMEGAFINECHEMICALS.COM. In addition to the arrests, DEA used warrants to search the Omega Business address, and the residence of Beth Badrak and Tom Kasper in Santa Barbara, CA. A seizure warrant will be served on the Omega website. Two bank accounts were also seized.

BACKGROUND ON DESIGNER DRUGS FROM OPERATION WEB TRYP The products sold by the above mentioned websites are synthetic substances chemically identified as tryptamines, piperazines, and phenylethylamines. Some of these substances are specifically restricted under the Controlled Substances Act (CSA) while others, when intended for human consumption, are controlled under the Controlled Substance Analogue Enforcement Act (CSAEA). Prior to the CSAEA, chemists would cause slight changes in the molecular structure of a controlled substance to circumvent the CSA. The CSAEA was enacted to arm law enforcement with the tools needed to stay one step ahead of the drug dealers’ innovations. On the street and in Internet chat rooms these substances go by innocuous names such as “Foxy Methoxy”

ã 2004 - Clandestine Laboratory Investigating Chemists Association, Inc.

VOLUME 14 NUMBER 3 — JULY 2004

JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION and “DIPT.” Many young people are led to believe that these substances are a form of “legal” Ecstasy or LSD because they produce similar hallucinogenic effects. Adolescents and young adults are primary abusers of these chemicals. Many have the false impression that they are not as harmful or addictive as mainstream drugs such as heroin or cocaine. This is a highly dangerous emerging drug trend. Because the recommended dosages can vary by as little as a milligram, any slight miscalculation can cause fatal results.

OVERDOSE VICTIMS In April 2002, an 18–year–old male in Hancock, New York died after consuming a chemical obtained from WWW.PONDMAN.NU. A 19–year–old male friend of the decedent later confirmed using similar chemicals obtained from WWW.PONDMAN.NU that resulted in him suffering from seizures, floating spots in his vision, memory lapses, uncontrollable teeth grinding and large lumps that would appear and disappear periodically on his face and neck. In December 2003, police responded to a call of a college student found unconscious, unresponsive and turning blue on the kitchen floor of a residence in Fairhaven, Massachusetts. He had been lying on the floor for 45 minutes before a call for help was made. This student was suffering from the ingestion of a substance he obtained from WWW.RACRESEARCH.COM. This overdose victim now suffers from chronic, violent seizures. In March 2004, a 22–year–old male resident of St. Francisville, Louisiana died after ingesting a substance he believed to be similar to Ecstasy. When found by his mother he asked to be driven to the hospital where he died three days later. His body temperature had reached an astounding 108 degrees. It was later found that the substance used was sent from WWW.AMERICANCHEMICALSUPPLY.COM, one of the targeted websites in this investigation. These website operators attempted to give an appearance of legitimacy to their websites by presumably selling these chemicals to bona fide researchers; however, a review of customer lists revealed purchasers with e–mail addresses such as acidtripo420@; ecstasylight@; madtriper17@; moontripperdipt@; partys_with_glow_sticks@; professor@; psychedelic_stoner@; and ravergirlny@.

SPECIAL THANKS AND RECOGNITION These enforcement actions demonstrate the DEA’s steadfast commitment to identifying and preventing any illegal drug distribution through the use of the Internet. The success of this operation could not have taken place without the cooperation and coordination of the following: DEA and US Attorney’s Office, Albuquerque, NM DEA and US Attorney’s Office, Baton Rouge, LA DEA, Immigration and Customs Enforcement, Ward County Narcotics Task Force, North Dakota Bureau of Criminal Investigations, and US Attorney’s Office, North Dakota

VOLUME 14 NUMBER 3 — JULY 2004

Food and Drug Administration and US Postal Inspection Service, Minnesota DEA, New York Police Department and US Attorney’s Office, New York, NY DEA, Naval Criminal Investigative Service, and US Attorney’s Office, Norfolk, VA DEA, Food and Drug Administration, US Postal Inspection Service, Internal Revenue Service, and US Attorney’s Office, San Diego, CA Federal Bureau of Investigation, Santa Maria, CA US Forestry Service and Santa Barbara County Sheriff’s Office, Santa Barbara, CA DEA, Las Vegas, NV DEA, Riverside, CA DEA, Phoenix, AZ DEA, Macon, GA

WANT A FREE COPY OF THE JCLIC ARCHIVES CD-ROM? Your submission of information to the CLIC Journal may qualify you for a free copy of the new JCLIC Archives on CD-ROM. The CD, a US$125 value, will be presented to those reports and/or papers which the Editorial Secretary feels make a significant contribution to the field. For more information, contact Editorial Secretary Rachel Cutler at (208) 884-7171.

ã 2004 - Clandestine Laboratory Investigating Chemists Association, Inc.

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JOURNAL OF THE CLANDESTINE LABORATORY INVESTIGATING CHEMISTS ASSOCIATION

COCAINE MATH PROBLEM TAKEN TO CLASS

NZ AND FIJI POLICE IN $870 MILLION DRUG RAID

RICHARD WATTS Times Colonist (Victoria, BC – Canada) June 22, 2004 Confused about how to divide “kilos” of cocaine into ounces for sale, two teens from a Saanich private school turned to their math teacher for help, provincial court heard Monday. An 18-year-old woman testified that a classmate – when they were both Grade 11 students at St. Margaret’s School for girls – returned from the Thanksgiving holiday with a large quantity of cocaine which she intended to sell. But the two girls, who cannot be named because they were under age 18 at the time of the alleged incident, were unsure of its value since neither knew how many ounces there are in a kilogram. “She asked me and I didn’t know. We were in math class so the teacher would know. So I asked,” said the testifying student. The other student, now 18, is on trial in B.C. provincial court for possession of a narcotic for the purpose of trafficking. Saanich police arrested the girl when she was 17 on Oct. 14, 2003. Police seized the cocaine from a locker at the school. Police testimony Monday revealed the cocaine was in two “bricks” weighing 0.468 and 0.506 kilograms. They were found inside a backpack along with a note and school textbook. St. Margaret’s is one of region’s more exclusive private schools, with annual fees reaching about $35,000 for boarding students. The 18-year-old student who testified Monday said her friend had told her that her dad was a cocaine dealer. The friend had said she had found the cocaine hidden under her own bed at the family home in the B.C. Interior. The student testified her friend borrowed her backpack earlier in the year and when she returned from the Thanksgiving vacation she was using it to carry the cocaine. At the school, the friend used a locker the two shared to store the backpack with the cocaine, the student said. Students at St. Margaret’s receive assigned lockers and the friend had forgotten her combination so the two shared. After considering what it meant to get so closely connected to a large quantity of cocaine, the student testified she decided to speak to the school principal. “It was in my backpack, in my locker and if anybody had seen it, I would have got in a lot of trouble,” the student said. She testified her friend talked of sharing some of the cocaine with her friends, using some of it herself and selling most of it. The testifying teen said her friend figured she could get $40,000 for it and wanted to buy a car. “She was going to buy a car and just go shopping and stuff like that,” the student testified.