War on drugs takes odd turn over the counter (2024)

Published July 22, 2001|Updated Sept. 10, 2005

Right now, you or I could walk into any Wal-Mart and buy diet aids and energy boosters containing a substance called ephedrine.

Yet, when a Jordanian-born store owner named Ahmad Ghenemat helped a customer buy an over-the-counter product made with ephedrine, here's what happened _ Ghenemat got nearly five years in prison and faces deportation from the United States for 20 more.

The "customer" was an undercover agent for the U.S. Drug Enforcement Administration. And the reasons he approached Ghenemat raise questions about this country's war on drugs and its treatment of non-citizens.

Until their paths crossed, Ghenemat had a clean record, not even a traffic ticket. In 1991, he moved from Jordan to California, where he married a U.S. woman with a baby. To support them, Ghenemat worked two jobs. He paid taxes, became a legal permanent resident and saved and borrowed enough to open his own minimart. By October 1996, he was in the process of buying a second store.

But the long hours had hurt his marriage. Ghenemat and his wife split up, and she took most of their assets. He wondered where he would get money for the big deposit needed to change the electric bill at the new store into his name.

That's when a man walked in, pointed to a bottle of "Mini Thins" and asked if it would be possible to get some more. Ghenemat said he would check with his wholesaler.

Made by an Indianapolis company, Mini Thins is ostensibly a cold medicine but is often called "trucker's speed" because long-distance truckers use it to stay alert. It contains ephedra, or ma huang, a substance derived from an Asiatic shrub that acts as a stimulant on the central nervous system. Ephedra is found in many other over-the-counter products including diet aids like Metabolife.

In the mid-90s, Mini Thins were especially popular with "meth cooks," who extracted the ephedra for use in the manufacture of illegal methamphetamines. Known as "speed" or "crank," methamphetamines cause increased activity, decreased appetite and a sense of well-being. Once the "rush" wears off, there is a high state of agitation that sometimes leads to violent behavior.

Ghenemat, a Muslim, has never used or condoned illicit drugs, according to Patricia Bellamy, his fiance. When people tried to swap marijuana for alcohol in his stores, he refused, she says.

Several days after his first visit, the same customer returned and asked if Ghenemat had been able to get more Mini Thins. No, he apologized. Worried about his electric deposit, though, he arranged this time to get six cases of Mini Thins, each with 144 bottles, in return for what he assumed would be a commission from the wholesaler.

At the customer's request, he, Ghenemat and the wholesaler met in a parking lot across from one of Ghenemat's stores. Ghenemat never had his hands on either the Mini Thins or any money. Nonetheless, he was charged with a federal felony: possession of pseudoephedrine knowing and having reasonable cause to believe that it would be used to manufacture methamphetamine.

Insisting he was innocent, Ghenemat went to trial. Among the evidence were tapes on which the DEA agent talked about making "meth." That proved Ghenemat knew the Mini Thins were being purchased for illegal reasons, prosecutors said.

A jury convicted Ghenemat and a judge sentenced him to 51 months, which he is serving at a federal prison in Arizona. When he finishes his term, he faces additional punishment under the 1996 Immigration Reform Act, which requires that any non-citizen convicted of an aggravated felony be deported for 20 years.

But that's not the end of the story. About the same time _ unbeknownst to Ghenemat and his lawyers _ the DEA and local police were conducting a "sting" of convenience stores in Phoenix, Ariz., that purportedly were selling large quantities of Mini Thins to meth cooks.

Like Ghenemat, most of the store owners arrested were Arab-Americans. Unlike him, they got a lucky break.

In the Arizona cases, the owners had been charged under a state, not federal law. A sharp defense lawyer found another Arizona law that barred prosecution of anyone "who sells any non-narcotic substance that under (federal law) may be sold over the counter without a prescription." Charges against the store owners were dropped.

While interviewing a detective, defense lawyers made another startling discovery. With DEA approval, the detective had sent a letter to Wal-Mart and other big retailers informing them that products with ephedrine were being used to make methamphetamines. The letter asked for the retailers' cooperation in restricting sales.

However, no such letter went to the owners of the small mom-and-pop stores.

"If you're Wal-Mart, you get a year to educate your employees and reconfigure your cash register to halt bulks sales," a story in the Phoenix New Times said. "If you're E-Z Stop, you get solicited by undercover narcs."

Under the Methamphetamine Control Act of 1996 _ which did not take effect until after Ghenemat's arrest _ retailers are now restricted in the amount of ephedrine-containing products they can sell to a single customer.

However, the U.S. Food and Drug Administration does not regulate ephedrine when sold as a dietary supplement, despite evidence it has sickened or killed more than 800 people even when used for its stated purposes. The makers of Mini Thins and other products continue to legally produce them.

The DEA and other government agencies "go after the little guys because if they go after the big guys, the big guys will hire big law firms and they won't get anywhere with it," says Eleanor Miller, a lawyer who represented some of the Arizona store owners. "So they target the little guys who will roll over."

It's hard to say whether Ghenemat, 33, suspected that someone wanting 864 bottles of Mini Thins had an illicit purpose in mind. But there is no evidence he ever sold Mini Thins to any real-life methamphetamine makers. Remember, too, that Mini Thins are a legal product and that Ghenemat was a hard-working, tax-paying individual who never had any problems with the law until an agent of the U.S. government walked into his store.

Makes you wonder, doesn't it?

_ Susan Taylor Martin can be contacted at susansptimes.com

War on drugs takes odd turn over the counter (2024)

FAQs

What were the consequences of the War on Drugs? ›

Criminalisation of drug users, excessive levels of imprisonment, and punitive sentencing practices, including mandatory sentencing, the death penalty and enforced 'drug detention centres', are some of the unintended negative consequences of the 50 year 'war on drugs', a policy with direct impact on the vulnerable, poor ...

Which of the following are examples of drugs that switched to over the counter? ›

Below, we'll discuss 13 examples of medications that have made the switch from prescription-only to OTC.
  • Nasonex. Nasonex (mometasone furoate) is a steroid nasal spray. ...
  • Lastacaft. Lastacaft (alcaftadine) eye drops are used to help relieve itchy eyes caused by allergies. ...
  • Astepro. ...
  • Voltaren Gel. ...
  • Pataday. ...
  • Plan B. ...
  • Opill. ...
  • Xyzal.

What did the War on Drugs change? ›

The War on Drugs resulted in an immense growth in court caseloads and the prison population. The War on Drugs focused on small-time drug dealers, who were generally poor young black males from the inner city. Ultimately, the prison population doubled due to the arrest of drug dealers and their customers.

What was the purpose of the War on Drugs? ›

The initiative includes a set of drug policies that are intended to discourage the production, distribution, and consumption of psychoactive drugs that the participating governments, through United Nations treaties, have made illegal.

What are the negative effects of war? ›

War destroys communities and families and often disrupts the development of the social and economic fabric of nations. The effects of war include long-term physical and psychological harm to children and adults, as well as reduction in material and human capital.

What is the name of the drug police? ›

About the DEA

The mission of the Drug Enforcement Administration (DEA) is to ensure the safety and health of American communities by combating criminal drug networks bringing harm, violence, overdoses, and poisonings to the United States.

How does a drug become over-the-counter? ›

For a medicine to be granted OTC status, it must have a wide safety margin, be effective, and bear understandable labeling to ensure proper use.” Certain drugs, such as Nasonex 24 HR Allergy Nasal Spray, make it through the approval process and become available OTC.

What drugs are sold over-the-counter? ›

These drugs are usually located on shelves in pharmacies, grocery stores, gas stations and even online. Popular examples include pain relievers like acetaminophen (Tylenol) and ibuprofen (Advil, Motrin IB), cough suppressants such as dextromethorphan (Robitussin) and antihistamines like loratadine (Claritin 24H).

How does the war on drugs impact social determinants? ›

The drug war and a punitive drug war logic impact most systems of everyday life in the U.S., subjecting people to surveillance, suspicion, and punishment and undermining key SDOH, including education, employment, housing, and access to benefits.

How does drug trafficking affect society? ›

The relationship between psychotropic or "mind/mood altering" drugs and sustainable development is rooted in the contribution that the legal and illegal drug trade makes to a set of barriers to development, including: (1) interpersonal crime and community violence; (2) the corruption of public servants and the ...

What is the zero tolerance policy war on drugs? ›

These policies specifically targeted actions considered violent and threatening, such as possession of a firearm or weapon. The concept of zero-tolerance policies was introduced into the education system during the 1980s as part of the failed War on Drugs as an attack on drug usage and violence in schools.

Which statement is true about the war on drugs? ›

The true statement about the War on Drugs is that it grew out of public fear over crack use in urban areas. It led to an increase in incarceration rates for non-violent drug offenses and has been criticized for causing more harm than good.

What was one effect of the war on drugs? ›

One effect of the "war on drugs" has beento cost American taxpayers 1 trillion dollars over the last 40 years. to reduce by 90 percent the flow of drugs into the United States. to entirely stop the flow of drugs into the United States. to cost American taxpayers 100 million dollars annually.

Which two statements best describe the impact that the war on drugs had on those living in inner cities? ›

Which two statements best describe the impact that the War on Drugs had on those living in inner cities?-African Americans and Hispanics were more likely to be arrested for drug possession. -The War on Drugs created more opportunities for inner cities to address drug use with rehabilitation options.

What impact did the war on drugs have on Latin America? ›

With minor successes and no end in sight, not only have these conflicts failed to reduce the supply of illicit drugs in the region, but they have also had numerous unintended consequences such as an increase in homicides (see Figure 1), increasing incarceration rates, and the wide criminalisation of communities on the ...

How has the war on drugs impacted the US? ›

The criminalization of drug use in the U.S. has led to tragic consequences and mass incarceration, with a disproportionate impact on lower-income and minority communities.

Which statement best describes the effect of the Reagan administration's war on drugs? ›

The statement that best describes the effect of the Reagan administration's war on drugs is C. More nonviolent drug offenders were incarcerated, but the policies failed to decrease the rates of drug use across the United States.

References

Top Articles
Latest Posts
Recommended Articles
Article information

Author: Sen. Emmett Berge

Last Updated:

Views: 6323

Rating: 5 / 5 (60 voted)

Reviews: 83% of readers found this page helpful

Author information

Name: Sen. Emmett Berge

Birthday: 1993-06-17

Address: 787 Elvis Divide, Port Brice, OH 24507-6802

Phone: +9779049645255

Job: Senior Healthcare Specialist

Hobby: Cycling, Model building, Kitesurfing, Origami, Lapidary, Dance, Basketball

Introduction: My name is Sen. Emmett Berge, I am a funny, vast, charming, courageous, enthusiastic, jolly, famous person who loves writing and wants to share my knowledge and understanding with you.