The Ohio American Civil Liberties Union sent a letter to Ohio Senate leadership that provided recommendations for adjusting a criminal justice reform bill that was introduced into that chamber.
“The ACLU of Ohio is truly grateful for your interest in and hard work to bring positive change to Ohio’s criminal justice system,” Chief Lobbyist Gary Daniels wrote in a letter to Sen. John Eklund, R-Munson, one of the primary sponsors of the bipartisan legislation. “Our comments and continued advocacy for SB 3 will always reflect our desire to help as many people as possible.”
The legislation as written would reduce sentences for many drug offenses while increasing penalties for drug dealers and people caught with drugs near a school. It is meant to mirror popular parts of Issue 1 – a failed ballot initiative on criminal justice reform – while removing unpopular parts.
In a press conference, Eklund said that the bill was crafted in a way to differentiate between the most culpable people in drug crime, which are the traffickers, and people who are less culpable, those who are struggling with addiction and “need help more than they need time in prison or jail.”
The legislation would decriminalize possession of trace amounts of drugs, or 1/40 of a gram. Although it would not be legal to possess or purchase them, individuals who did so would not be charged with a crime. Someone found with small amounts – more than a trace amount, but not enough to be considered trafficking – would face misdemeanor charges rather than felony charges. There are some exceptions, such as if someone uses violence to possess a small amount.
Most people sentenced with a misdemeanor would be sent to rehab rather than be given jail time.
The Ohio ACLU cited several areas in which the proposed legislation could go further.
First, Daniels suggested that the sentencing changes be retroactive, meaning that they affect people who are currently serving jail time for drug-related crimes. As written, the measure would only affect people charged with crimes going forward. This, he said, would help even more Ohioans impacted by the drug war.
With the intention of putting more people into rehab rather than jail, Daniels also suggested that substance abuse treatment get more funding from the state. Currently, he said treatment options are lacking in Ohio. Increased state funding would increase the demand for such facilities, he said.
Daniels also recommends the bill remove language that prohibits individuals with past marijuana convictions from having their prosecutions put off if they seek treatment.