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Clandestine Drug Labs, The Newest Real Estate Hazard:
By Michael Buettner: Back to Environmental Page
The production of illegal drugs continues to be a growing problem in the United States, quickly becoming the number one crisis faced by law enforcement in some parts of the country. This problem is also having a very real impact on REALTORS® and their clients. In several states, drug enforcement and public health agencies have effectively supported new legislation created to deal with this crisis. Provisions of these new laws make disclosure violations, property entry, and removal of any affixed notice a felony, the newest, quickest way to lose your real estate license.
REALTORS® could be lulled into false security by thinking that this is only an issue for economically depressed neighborhoods; this is not always the case. Many of the “meth” laboratories are found in upscale, gated communities making them less of an obvious target for law enforcement. Because methamphetamine has only recently become a popular drug, the long-term effects of exposure to precursor chemicals on children and others are unknown.
Washington, Arizona, Missouri and Illinois are among the states that have already passed legislation designed to deal with this issue. In Arizona the passing of House Bill 2595 blindsided many in the Real Estate community, prompting a “Clandestine Drug Lab Symposium” sponsored by the Arizona Real Estate Educators Association and the Phoenix Association of REALTORS®. The details of HB2595 having the greatest impact on REALTORS® include language such as, “…IT IS UNLAWFUL FOR ANY UNAUTHORIZED PERSON TO ENTER THE RESIDUALLY CONTAMINATED PORTION OF THE REAL PROPERTY, …THE OWNER SHALL NOTIFY THE BUYER IN WRITING THAT METHAMPHETAMINE, ECSTASY OR LSD WAS MANUFACTURED ON THE REAL PROPERTY, …A PERSON WHO KNOWINGLY VIOLATES AN ORDER OR NOTICE OF REMOVAL THAT IS ISSUED BY A PEACE OFFICER UNDER THIS SECTION IS GUILTY OF A CLASS 6 FELONY. A PERSON WHO KNOWINGLY DISTURBS A NOTICE OF REMOVAL POSTED ON THE REAL PROPERTY IS GUILTY OF A CLASS 2 MISDEMEANOR.”
According to the Arizona Attorney General, methamphetamine is the number one illegal drug contributing to violent crime in Arizona. Not only is "meth" highly addictive, it is easily and cheaply produced using common household chemicals and over the counter cold medicines. The manufacturing process, however, is very dangerous, since volatile substances, and red phosphorus (used to ignite matches), are involved when "cooking" meth down to its final stage. Because the chemicals used are highly flammable, fires and explosions that result in serious injury or death are common.
After the equipment and chemicals from an illegal drug laboratory have been removed, residue from the various chemicals may still be present in the building in drains, on surfaces, furnishings or household items. The dangerous by-products generated from the ingredients pose serious environmental hazards that can persist in the soil and groundwater for years. These environmental effects can cost the US Government as well as property owners millions of dollars. For every pound of methamphetamine produced, five to six pounds of toxic waste are left behind.
Arizona is not alone in dealing with this problem; in 2002 the DEA reported that meth lab raids were on the rise, approximately 9,000 as compared to 800 in 1995. Due to this increase, many states are considering legislation designed to deal with this problem. Any newly enacted legislation will undoubtedly include provisions that will affect you and your real estate license.
The following websites may prove helpful in providing more information on this and other potential Indoor Air Quality Hazards.
http://www.radanovich.house.gov/meth/stats.htm
http://www.palabs.com/Services/spotlightServices.asp
If you suspect a home is being used as a meth lab, you are strongly encouraged to contact your local police or sheriff's department.
Mr. Buettner, a nationally recognized lecturer, trainer and consultant, has extensive microbial training and real estate experience; this combination lends a unique insight into the relationship between indoor environmental issues and real estate laws.
Michael Buettner, CRMI, CIE, CIAQM
office: 800.283.9512
fax: 480.275.3237
email: Mike@IAQUS.com
website: www.IAQUS.com
All rights reserved ®, do not reprint without express permission from Michael Buettner
