Judge dismisses meth charges against 30 people

A Marion County judge dismissed methamphetamine charges against 30 people, saying prosecutors could not use multiple purchases of a key ingredient in manufacturing the illegal drug to build their case.

State law bars single purchases of more than 9 grams of pseudoephedrine ? an over-the-counter cold medicine that is used to make meth ? during any 30-day period.

The defendants were charged after making multiple buys in legal amounts that totaled more than 9 grams during the period, court records show.

Circuit Court Judge Thomas W. Graham dismissed the charges Thursday.

“It is clear that since none of the purchases in these cases exceeded 9 grams, the state simply cannot legally make a promotion case as to any of these defendants,” Graham wrote in his opinion.

He wrote that for the law to withstand a constitutional challenge for vagueness, it must be applied to a single purchase.

David McGovern, assistant district attorney for the 12th Judicial District, said prosecutors are considering an appeal.

“The judge is effectively saying if you don’t buy in a single purchase (at least) 9 grams of pseudo there is no way you can be guilty of violation of the statute,” McGovern said.

Marion County authorities arrested more than 80 people in April on charges of promoting methamphetamine manufacture.

Investigators collected records of thousands of sales of pseudoephedrine over a two-month period and cross-referenced them against people who had been previously arrested for manufacturing methamphetamine.

Detective Gene Hargis said he was disappointed with the ruling.

“It has set the whole state back 10 years,” Detective Hargis said.