Ballot issue would reduce drug penalties

Published 9:26 am Thursday, August 23, 2018

Voters will decide on Nov. 6 ballot

This fall, Ohio voters will decide a ballot issue that would reduce the penalties of some drug cases. Supporters say that it will save money and get low-risk drug users into treatment rather than prison. Opponents say it sends the wrong messages.

On Wednesday, Secretary of State John Husted released the ballot language of State Issue 1.

The proposed amendment to the Ohio Constitution that if adopted would reduce the number of people being incarcerated or reduce sentences for several charges.

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If passed, the amendment would require the following:

• The sentences of people already in prison to be reduced by 25 percent if the participate in rehabilitation, work or educational programming. People who were incarcerated for murder, rape or child molestation would not be eligible.

• Possessing, obtaining or using uncontrolled substances like heroin, methamphetamine, fentanyl, cocaine or LSD would be classified as a misdemeanor crime, not a felony.

• Prohibit jail time for possessing, obtaining or using uncontrolled substances, until a person’s third offense in a 24-month period.

• Allow people convicted of possessing, obtaining or using uncontrolled substances prior to the effective date of the State Issue 1 to ask the court to reduce their conviction to a misdemeanor.

• Require available funding, based on savings, to be applied to state rehabilitation programs or crime victim funds.

• Require a graduated series of responses, such as community service, drug treatment, or jail time, for minor, non-criminal probation violations.

The ballot language included information from the Yes side and the No side of the issue.

The Yes argument, submitted by Ohio Safe and Healthy Communities Campaign, is that the passage of Issue 1 would save Ohio taxpayers tends of millions of dollars because “too many people who pose little public safety risk are incarcerated while treatment and prevention programs suffer. Issue 1 will save tens of millions of dollars annually in prison spending and direct the savings to addiction treatment and victims of crime.”

It also argues that experts agree that requiring people to earn their way out of prison through rehabilitation reduces the likelihood they’ll commit more crimes.”

The No argument, written by Louis Tobin, executive director of the Ohio Prosecuting Attorneys Association and Paul Pfeifer, executive director of the Ohio Judicial Conference, argues that Issue 1 is dangerous since “possession or use of any amount of deadly drugs like fentanyl, heroin, and meth will result in probation – lighter punishment than offenses like disorderly conduct and reckless operation.”

They also argue that it sends a message to children that the uncontrolled substances are not dangerous and sends a message to drug traffickers “that doing their business in Ohio is low risk.”

It also argues that the savings are only a one-time event and that many drug addicts will not complete treatment unless there is a threat of incarceration.

The Ohio Ballot Board approved ballot language on Wednesday. Voters will decide the issue on the general election ballot on Nov. 6.