The Akron Legal News

New heroin law takes aim at drug dealers

KEITH ARNOLD
Special to the Legal News
Published: July 5, 2016

As the state escalates its fight against the Buckeye State’s near-epidemic heroin problem, Ohio law enforcement agencies and judges now are equipped with a new tool to get drug dealers off the streets.

Gov. John Kasich has signed into law House Bill 171, which effectively decreases the minimum amount of heroin to be considered a first-degree felony trafficking violation.

“This legislation will hold the drug dealers who are poisoning our neighborhoods accountable while we continue to help the addicted seek treatment,” said Rep. Jonathan Dever, R-Madeira, a sponsor of the bill. “There is no silver bullet for ridding Ohio of heroin, but this law is a part of a solution that includes education and treatment options.”

Under current law, the trafficking or possession of between 50 and 250 grams of heroin is considered a first-degree felony, Dever detailed.

A person who has committed such a crime is punishable by a mandatory prison term of three to 11 years.

If the amount of heroin exceeds 250 grams, the person is a major drug offender and must serve the maximum prison term of 11 years.

HB 171 lowers this amount of heroin to 100 grams, putting the offense on par with the penalties for possessing equal amounts of cocaine, the lawmaker added.

Dever told fellow lawmakers during committee hearings of the bill that a constituent brought the issue to his attention.

The constituent — Hamilton County Sheriff’s Office Regional Narcotics Unit Supervisor Brad Winall — informed Dever that his unit’s heroin seizures increased by nearly 750 percent from 2011 to 2013.

“This is a significant increase for one county,” Dever said. “Ohio State Highway Patrol had approximately 9,628 arrests due to drugs in 2013, and approximately 11,162 arrests in 2014.

As of May 4, Ohio State Highway Patrol has had about 4,395 arrests due to drugs.”

In 2014, Hamilton County had roughly 298 accidental deaths caused by a drug overdose.

“This is the largest number of drug deaths in Hamilton County’s history,” added HB 171’s joint sponsor Rep. Louis Blessing III, R-Cincinnati.

Heroin was linked to 171 of those deaths, Blessing said.

“These statistics are slightly higher than those of cocaine/crack deaths in the 1990s.”

By lowering the threshold needed to impose the maximum prison sentence, as well as to be considered a major drug offender, the lawmaker said the state can reduce the presence of heroin and help save lives.

“Over the past few years, as a legislative body, we have made great strides in treatment, education and prevention of drugs; this is just another step in that process,” he said.

The bill successfully fended off opposition from the state public defender’s office, which characterized the bill as incomplete because it does nothing to assist with the resulting and overwhelming problem of addiction.

“Ohio needs an alternative approach to addressing our substance abuse problems,” Ohio Public Defender Legislative Liaison Kari Underwood told lawmakers during committee hearings. “Rather than focus our state’s limited resources on incarcerating drug dealers, we would be better served helping our addicted citizens through treatment, education and rehabilitation efforts. People don’t become addicts because drug dealers exist; drug dealers exist because people suffer from the untreated disease of addiction.”

Lawmakers believe passage of the bill is a solid first step in the right direction.

“Ohio’s heroin epidemic can be seen in each community throughout our state; therefore, I am proud to see HB 171 signed by the Governor,” Dever said.

Introduced in April of 2015, HB 171 cleared the Ohio Senate May 25 and is set to take effect sometime in August.

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