BUCYRUS — In November, Ohio citizens will decide whether to add a new amendment, known as Issue 1, to the Constitution of the State of Ohio. If Issue 1 passes, citizens can expect the following changes in how incarcerated persons and defendants in drug related cases will be sentenced.
“That kid will be punished more harshly for having the beer than possessing a drug that could kill over a thousand people. He’s not eligible for jail.”
According to the Ohio Secretary of State website, those changes include:
- Require sentence reductions of incarcerated individuals, except individuals incarcerated for murder, rape, or child molestation, by up to 25% if the individual participates in rehabilitative, work, or educational programming.
- Mandate that criminal offenses of obtaining, possessing, or using any drug such as fentanyl, heroin, methamphetamine, cocaine, LSD, and other controlled substances cannot be classified as a felony, but only a misdemeanor.
- Prohibit jail time as a sentence for obtaining, possessing, or using such drugs until an individual’s third offense within 24 months.
- Allow an individual convicted of obtaining, possessing, or using any such drug prior to the effective date of the amendment to ask a court to reduce the conviction to a misdemeanor, regardless of whether the individual has completed the sentence.
- Require any available funding, based on projected savings, to be applied to state-administered rehabilitation programs and crime victim funds.
- Require a graduated series of responses, such as community service, drug treatment, or jail time, for non-criminal probation violations.
Crawford County Common Pleas Court Judge Sean Leuthold and Crawford County Prosecutor Matthew Crall gave their opinions on what it could mean for Crawford County if Issue 1 passes in November.
“The plan behind Issue 1 is to basically make cases involving possession of drugs no longer felonies but misdemeanors,” Leuthold said.
Noting that reasonable minds have differed on the interpretation, Leuthold said he believes as it is written, Issue 1 implies that all drug cases are reduced to misdemeanors.
“Imagine our sporting events, where there is a stricter stance on smoking than drugs. What chance does our community have?”
“Some people have cited this only applies to fourth- and fifth-degree felonies but depending on how it is interpreted could include all levels of drug-possession felonies,” Leuthold said. “A person convicted of possession can only receive a maximum of up to six months in jail; but there’s a catch…they cannot be sent to jail unless they have committed a third offense in a span of 24 months.”
Prosecutor Matt Crall said Issue 1 does not address the situation of immunity.
“You could have four overdoses within three months’ time before we could intervene,” Crall said. “Persons who overdose that often probably won’t live long enough for intervention through the court system.”
But perhaps most upsetting item for Leuthold and Crall is, if the issue passes, there would be no direct penalties associated with a probationer’s responsibility to report to their supervising probation officer and the probationer cannot be charged for failing to complete rehabilitation programs, which usually are part of the conditions of community control.
Instead, a judge must get permission from an Ohio Department of Corrections official, that would be appointed and has not been named, to approve the proposed sentencing.
Crall said at a conference he attended he learned under the proposed constitutional amendment, a person could possess 49 doses of fentanyl, which is enough to kill 10,0000 people, and not be eligible for jail or prison. A lethal dose is considered 2 mg according to the U.S. Drug Enforcement Administration. The individual would receive a misdemeanor violation. If a judge decided to sentence a defendant because he or she had three or more violations within 24 months, he is unable to give a jail sentence. The judge is required to get permission from the Ohio Department of Rehabilitations and Corrections to sentence the defendant to prison.
“Say a 20-year-old kid has a beer in one hand and fentanyl in the other,” Leuthold said. “That kid will be punished more harshly for having the beer than possessing a drug that could kill over a thousand people. He’s not eligible for jail.”
According Crall, “Crime will increase, and drug overdosing will increase, greatly. This will attract not only users but drug dealers to this state.”
According to the Ohio Secretary of State Office, the amendment would allow an individual convicted of obtaining, possessing or using any such drug prior to the effective date of the amendment to ask a court to reduce the conviction to a misdemeanor, regardless of whether the individual has completed the sentence. This applies to everything but rape, murder and child molestation cases, according to paperwork on the Ohio Secretary of State website.
Crall pointed out that “child molestation” is not an official crime that is written with that terminology in Ohio laws.
“There are varying levels and different crimes that do not include that language,” Crall said.
Crall said the amendment is extremely poorly written.
Crall said, under the proposed amendment, sentences could be reduced for various crimes including but not limited to: aggravated burglary, aggravated robbery, sexual offenses that are not rape, kidnapping, child neglect, child pornography, voluntary manslaughter, vehicular homicides.
According to the Ohio Secretary of State website, to apply for a reduced sentence, inmates must participate in rehabilitation, work, or educational programming.
“There will be no motivation to go to counseling. Drug courts and counseling programs will be end. No one can be forced to go to counseling,” Leuthold said. “There is no single solution to our drug problems. Crawford County has made great strides. Crime is down across the county 50 to 60 percent. All that progress would be erased.”
Crall resents the implication that drug crimes are victimless crimes.
“They steal from their relatives; they steal from others to support their habits,” Crall said. “Women are victimized and forced into prostitution to support their habit. The ability to protect women from being exploited will be gone. And this will all be done in a constitutional amendment that is impossible to change.”
Leuthold said the very conditions that led to his election will come back to rear their ugly heads if the issue passes. According to Leuthold trafficking from Asia, China and Mexico all will pour into Ohio.
“Crawford County has seen a huge downturn in heroin use. This is not a partisan issue; this is a public safety issue,” Leuthold said. “We don’t receive money or financial benefit from the state for putting people in prison. That is a big misconception. It’s a lot more work to put people in prison but it’s for their own good and the safety of the public.”
Crall painted a picture of what he thinks may happen on a typical evening in downtown Bucyrus, or the Gazebo at Galion.
“Imagine you are out enjoying a movie at the art park or music at the gazebo and across the street, sitting on the benches, are people using heroin in front of the entire community, in front of our families and our children.” Crall said. “They would be able to do this without being charged. Imagine our sporting events, where there is a stricter stance on smoking than drugs. What chance does our community have?”
Leuthold and Crall agreed if Issue 1 passes, the drug epidemic will resume full force in Crawford County and all of Ohio.
“The effects of this will be felt and seen throughout our community. Business will suffer, the economy will suffer, and Ohio will become a great place for big drug dealers to do business,” Leuthold concluded.
More information and the complete proposed legislation may be found at the Ohio Secretary of State website.