Pubdate: Thu, 25 Oct 2007
Source: Cincinnati Post (OH)
Copyright: 2007 The Associated Press
Contact:  http://www.cincypost.com/
Details: http://www.mapinc.org/media/87
Bookmark: http://www.mapinc.org/find?244 (Sentencing - United States)
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)

BILL CALLS FOR TOUGHER COCAINE PENALTIES

COLUMBUS - Legislation that would bring penalties for offenses 
involving powder cocaine in line with those involving crack cocaine 
could backfire and lead to greater prison populations, a defense 
attorneys group said.

A bill that passed the state Senate with unanimous support Tuesday 
imposes stiffer penalties for possession and trafficking of powder 
cocaine, bringing sentencing guidelines to the same level as those 
involving crack cocaine.

The original penalties imposed on offenders with crack cocaine were 
racially discriminatory, said state Sen. Ray Miller, the bill's 
sponsor. The use of crack cocaine is largely based in poor and 
minority areas, and powder cocaine users are often white, he said.

Lawmakers passed the bill because they now have a broader 
understanding that drug problems in Ohio extend beyond city street 
corners, Miller said.

"We've got a growing problem in our rural areas of the state, and 
many of these members are well aware of the problem," said Miller, a 
Columbus Democrat. The bill now goes to the House, which, like the 
Senate, is controlled by Republicans.

Under current state law, penalties for crack cocaine are far harsher 
than those for powder cocaine. For example, a person caught with only 
25 grams of crack can be convicted of a first-degree felony, while it 
requires at least 500 grams of powder cocaine to face the same sanctions.

The Ohio Association of Criminal Defense Lawyers supported equalizing 
the penalties, but wanted the penalties for crack cocaine reduced to 
match penalties for powder cocaine, said Barry Wilford, the group's 
legislative director.

"I still think, ironically, the federal government is still 
struggling with the same issue, although I think they are still 
advancing an approach to reduce the penalties for crack cocaine," he said.

He said that signals that the Ohio legislature's move is out of step 
with what the federal government has considered, Wilford said.

State Sen. Bill Seitz, a Green Township Republican, voted for the 
bill but expressed concern because an analysis indicated it would 
cost $25 million or more per year to house new offenders convicted 
under the harsher penalties.

"That's real money," he said. "And that's what happens when we 
equalize penalties at a higher rate."

Miller said he doesn't necessarily agree because the penalties will 
encourage more judges to opt for treatment programs instead of prison 
for offenders, an assertion Wilford disputed.

"It seems to me when you lengthen the prison penalties for an 
offense, you're not sending a strong signal to judges that they can 
use some non-prison alternatives to look at the case," he said.

The Ohio Prosecuting Attorneys Association supported the bill, 
although increased penalties would probably boost prison rolls, 
executive director John Murphy said.

Past penalties differed because legislators and law enforcement 
officials considered that crack is deemed more addictive than powder cocaine.

"The legislature decided that was not a sufficient reason to maintain 
the difference (in punishment) and that's fine with us, too," Murphy said. 
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MAP posted-by: Richard Lake