On Sept. 27, The Lantern ran an editorial endorsing the legalization of marijuana. As a first step to this goal, we suggested voting for Issue 1, which the editorial said “allows first-time drug offenders to get treatment rather than go to prison.”
Our stance on marijuana stands, but the description of Issue 1 needs revision.
Issue 1, if passed, would amend the Ohio constitution, forcing judges to give all first- and second-time nonviolent drug offenders a chance to receive treatment rather than jail time.
It’s a nice idea, founded on the basis that law enforcement should rehabilitate offenders instead of punish them. But a look at the law as it is now begs the question of why Ohio needs Issue 1.
Judges, as it turns out, already have the option of allowing a drug offender treatment. They make the decision of whether or not to offer this option on a case-by-case basis, so they can distinguish between an aging hippie who was caught smoking a joint and a dealer who was caught trying to sell 20 kilos of heroin to 4-year-olds.
Issue 1 takes away this judiciary discretion, giving the hippie and the dealer the same sentence – or lack thereof. It could cause serious offenders to get off with a slap on the wrist.
The only reason to vote for Issue 1 would be if you believe judges are unfairly giving too-strict sentences to people whose offenses weren’t all that offensive – and the numbers suggest otherwise. Out of 44,000 prisoners in Ohio, apparently only 1,500 are first-time drug offenders. That’s less than four percent of Ohio inmates who would be affected by this amendment.
While getting treatment for first-time drug offenders is a great idea, it’s one which is already in place under Ohio’s current system. Making it mandatory takes away the freedom our judges now have to decide who deserves a second – and a third – chance. A vote for Issue 1 is a vote of no confidence in Ohio’s judiciary. Tomorrow, vote “no” on Issue 1.
