MANSFIELD - Some local officials are criticizing Senate Bill 3, which is aimed at providing better access to treatment for Ohioans struggling with drug addiction.

The bill would reduce possession of small amounts of drugs, including heroin and cocaine, to misdemeanors. Possession of such drugs is generally a fourth- or fifth-degree felony.

Fourth-degree felonies are punishable by up to 18 months in prison, while fifth-degree felonies carry a possible one-year prison term.

Richland County Common Pleas Judge Brent Robinson said the bill would take away the threat of prison hanging over the heads of drug offenders.

"There has to be a negative consequence to seek treatment," he said. 

John Mayer is a Mifflin Township trustee with a 32-year career in law enforcement, including a stint as supervisor of the local Adult Parole Authority. He said he has talked with a number of people about Senate Bill 3.

"We don't want it (possession) to be a misdemeanor," Mayer said. "Once these guys (drug users) get to know this, it's going to cause the crime rates to go up. There's nothing over their heads, no hammer."

Senate Bill 3 is being sponsored by a trio of senators, Senate President Larry Obhof, R-Medina; Jon Eklund, R-Chardon; and Sean O'Brien, D-Cortland.

"If what we're interested in is recovery and helping people, then we need to acknowledge that (failure) and not punish it like it's some kind of crime against humanity," Eklund told the Columbus Dispatch.

The bill would create stronger penalties for drug trafficking. Aggravated trafficking would be a first- or second-degree felony, while major trafficking would be a first-, second- or third-degree felony. Trafficking would be a third-, fourth- or fifth-degree felony.

Eklund told the Dispatch the bill would allow a person possessing a large amount of drugs to be charged with trafficking.

In November, voters in Ohio turned down Issue 1, a constitutional amendment that was similar to Senate Bill 3. Over 63% voted against it.

"I was much more excited when that issue failed than when I won (as township trustee) the year before," Mayer said.

Mayer said he doesn't think the 132 members of the state legislature should be able to overrule the 2.7 million Ohioans who voted against Issue 1.

Robinson offered a different view.

"I took a stance on the constitutional amendment," he said of Issue 1. "We should be using the legislature to make big policy changes."

Robinson is concerned about how Senate Bill 3 could impact drug courts. The judge heads up the very successful specialty docket. 

"I think it's a great program, and I'd like to see it keep going," Robinson said. "It's my concern my drug court numbers will go down because I would not see any more possession-type cases.

"I'm not going to put drug traffickers in drug court."

Ohio Chief Justice of the Supreme Court Maureen O'Connor also has weighed in on the matter. She sent a letter to Eklund in March. That letter was shared with judges.

Regarding drug court, she wrote, "The desire of offenders to avoid the collateral consequences of becoming a convicted felon also serves as a motivator for participation in drug court programs.

"Convicted felons cannot obtain certain professional licenses. ... They often struggle to find jobs and have difficulty renting apartments."

Robinson also is concerned the bill would put undue stress on municipal courts because they would have to handle the possession cases.

Mansfield Municipal Judge Frank Ardis shares those concerns. 

"I don't like it," he said flatly.

Ardis said he and fellow Judge Jerry Ault hear more than 30,000 combined cases a year. 

"From my perspective, it's going to create a large burden on municipal courts and county courts around the state," Ardis said.

The judge sees another drawback to Senate Bill 3: If drug offenders don't go to prison, they would wind up in an already overcrowded county jail.

"I have to let Frick out to get Frack in," Ardis said.

He added the influx of inmates would be a "big expense" for counties.

Mayer worked with many people struggling with addiction during his time with the APA.

"Never give a drug addict another opportunity to use," he said. "It would give them another chance to kill themselves."

He said a friend of his lost a son recently to an overdose and told Mayer he wished his son had been on probation to have someone keeping tabs on him.

Mayer also sees the potential for an increase in crime, noting drug abusers often commit burglaries and thefts to feed their habit. He calls Senate Bill 3 a safety issue for Ohioans.

"If you don't curb that behavior right away, these guys are not going to comply with anything," he said. "They're not going to go to rehab voluntarily."

Again, he said that is where the threat of prison is effective.

Robinson said he agrees with no prosecution of those with trace amounts of drugs.

"That at least makes sense, if you don't have enough that you could use it," the judge said.

Proponents of the bill call it the next step in criminal reform. 

Ardis is not so sure.

"I hate to say it, but if this passes, I think the state is going to have a greater drug crisis," he said.


Twitter: @MNJCaudill


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