The manufacturing of methamphetamine
does not create a weapon of mass destruction, Superior Court
Judge James L. Baker ruled Nov. 7.
Baker dismissed 15 cases against Watauga County individuals
charged with the manufacture of a chemical weapon of mass
destruction, and said that North Carolina General Statute
14-288.21 is unconstitutional on its face and unconstitutionally
applied to methamphetamine manufacturers.
As a result, several of the accused were able to make bail.
The accused still face methamphetamine related charges.
Earlier this year, the District Attorney’s office began
charging individuals found with methamphetamine laboratories
with the B1 felony of manufacturing a nuclear, biological
or chemical weapon of mass destruction in violation of N.C.
statute 14-288.21, in addition to charges already in place
for methamphetamine crimes.
In a July press release, District Attorney Jerry Wilson said
the statute was in response to the growing number of methamphetamine
laboratories in the area and expressed concern that the existing
statute for dealing with methamphetamine laboratories was
“insufficient.”
Immediately following Baker’s decision, the District
Attorney’s office appealed the ruling to the North
Carolina Court of Appeals.
“The District Attorney’s office argued strenuously
during the hearing in favor of the constitutionality of the
statute as passed by the legislature,” Wilson said.
“I believe Judge Baker’s ruling is incorrect,”
Wilson said.
According to the District Attorney’s office, the WMD
statute applies to methamphetamine producers because the
process of “cooking” methamphetamine creates
toxic and potentially explosive chemicals, endangering the
lives of not only neighbors but also of law enforcement and
firefighters who may respond.
According to the Watauga Democrat, Wilson said that N.C.
Attorney General Roy Cooper has agreed to argue the appeal
of Baker’s ruling in court.
Pending the appeal, the District Attorney’s office
is now looking at charging methamphetamine cooks with charges
of improper disposal of hazardous material, a Class C felony,
according to the Watauga Democrat.
Several attorneys defended the accused.
“I believe the judge’s ruling was absolutely
correct,” defense attorney Eric Eller said.
“We argued [that the WMD statute] was so vague as to
lend itself to an interpretation of things it was clearly
not intended to cover,” he said.
Defense attorney Vince Gable said: “I think [DA Wilson]
is sincere in what he’s trying to do, but he’s
going about it in the wrong way. This law has to be addressed
in the legislature.”
“[Judge Baker] was loyal to the law,” attorney
Scott Casey said. “He wasn’t going to wait for
a higher court to decide.”
Casey said that although District Attorney Wilson lost this
case, he would eventually succeed. These cases will encourage
the state legislature to change the laws regarding methamphetamine,
he said.
“There should be a more severe punishment,” Casey
said.
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