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.