As we head into this fall’s election, Ohio voters are once again faced with a ballot issue that would amend the state’s Constitution.
Like a great many of its predecessors, this fall’s “Issue 1” is pushed by outside interests, not the people of Ohio.
And like the marijuana monopoly that was soundly rejected by the voters just a few short years ago, Issue 1 is poor public policy and contains topics that are properly dealt with in the Ohio Revised Code, not our state’s Constitution.
Issue 1 purports to reduce penalties for drug possession and direct the savings to drug treatment programs. Frankly, if that is all it did, I would be one of its biggest supporters. But that is not what it does. In fact, despite its stated goals, Issue 1 will likely lead to more drug abuse and less effective treatment for those who need it. The General Assembly has made an active effort in recent years to reform Ohio’s sentencing laws.
We recognize the difference between drug users and addicts, on one hand, and traffickers who prey on our communities. We have increased penalties for drug dealers – most recently for those who traffic fentanyl, which is largely responsible for Ohio’s huge increase in overdose deaths. But we have taken a very different approach with respect to drug addicts.
There is now a presumption against jail time for most fourth and fifth degree felonies (including drug possession). Ohio has expanded the availability of intervention in lieu of conviction for offenders with drug or alcohol problems, and offers greater opportunities for individuals seeking community-based substance abuse treatment.
Specialized drug courts are having success in getting addicts into treatment and helping them turn their lives around. We have much more work to do. The opioid epidemic is one of the most significant issues facing Ohio today, and it will take a combination of education and prevention, addiction treatment, and law enforcement efforts to combat it. Issue 1 will exacerbate the opioid problem in several ways.
First, Issue 1 will allow people to carry distribution-level quantities of hard drugs. Under this deeply flawed proposal, someone could carry up to 10,000 lethal doses of fentanyl without the risk of jail time. If someone is carrying 10,000 doses of fentanyl – or cocaine, methamphetamine, heroin, or any other drug – it is not for personal consumption. It is not because of an addiction.
If someone has 10,000 doses of a drug, he is a trafficker who is selling this poison and preying on our communities. But under Issue 1, he would be charged with a misdemeanor and face probation, without the possibility of jail time. The message to drug dealers across the country will be unmistakable: Ohio is “open for business.”
Second, Issue 1 actually undermines treatment. Without the threat of jail time, judges have little or no ability to get addicts into treatment. That is why judges across Ohio, from both political parties, have come out against this. They know that Issue 1 will prevent effective treatment efforts in courts across Ohio. This amendment have the opposite effect of its stated goals.
Third, buried in Issue 1 is a provision that makes violent felons eligible for a 25% sentence reduction. This has nothing to do with drug addiction or treatment, and its presence inside Issue 1 is a Trojan horse. I believe that Ohio’s prison population is too high, and my colleagues and I are working with prosecutors in both parties to pass further sentencing reforms that will help bring that number down while still protecting our communities.
But Issue 1 paints with a broad brush, including drug traffickers, kidnappers, arsonists, human traffickers, and more. This is a complex area, and these changes must be handled carefully, not etched into our Constitution by a shoddilywritten amendment pushed by out-of-state billionaires. You don’t need to take my word for it. We know how these policies work.
The special interests pushing this constitutional amendment already succeeded in doing something similar in California. Property crimes are up dramatically – in some places by more than 40%. California’s county drug court programs have fewer participants than they did before these so-called “reforms.” California officials have described these policies as a “disaster for public safety.”
In short, Issue 1 is not what it purports to be. It is dressed up in lofty rhetoric about increasing drug treatment and helping addicts turn their lives around. Ohioans should not fall for this marketing scam.
Issue 1 will undercut treatment efforts. It will incentivize drug dealers’ presence in Ohio. It will make our communities less safe. This November, we must send a message to special interests who keep abusing Ohio’s Constitution: enough is enough.
Senator Larry Obhof (R-Medina) currently serves as President of the Ohio Senate. For more information, visit www.ohiosenate.gov/obhof.
