STATE ISSUE 1: NO WAY TO TREAT A CONSTITUTION OR A DRUG OFFENDER

State Issue 1, the Ohio Drug Treatment Initiative, is one of the most
ill-conceived ballot measures to face Ohio voters in recent memory. The
Dispatch urges voters to vote 'No' on Nov. 5.

Though advertised as a compassionate measure that mandates treatment
instead of prison for nonviolent first- and second-time drug abusers, it
really is an attempt to decriminalize the use of illegal drugs.

Issue 1 mandates that Ohio spend an additional $247 million on drug
treatment through 2009, a figure that is above and beyond what it spends
already. After 2009, it requires spending an adequate amount on drug
treatment without providing any definition for adequate , an open
invitation to endless litigation.

Because this spending would be mandated in the state constitution, it would
take precedence over spending for higher education, roads, public health,
law enforcement and a host of other vital state responsibilities.

Ohio law already favors treatment over imprisonment. Of 45,000 inmates,
fewer than 2,700 were convicted of low-level drug possession and virtually
none are there simply for possession, but because they committed other crimes.

Current law takes a tough-love approach to drug abusers that is crucial.
Without the threat of imprisonment, many abusers never would try hard to
kick their addiction. Currently, offenders face up to 18 months in prison
if they fail to comply with court-monitored treatment. Issue 1 would slash
the maximum sentence to just 90 days.

And though Issue 1 supporters claim it would apply only to nonviolent
first- and second-time offenders, in fact, once enacted, the measure would
give all previous drug offenders a pass and let them start over in the
justice system with a clean slate. Provisions for expunging records would
mean that former drug abusers could seek jobs driving school buses and
trucks and operating heavy equipment or dangerous machinery, while never
having to disclose to their prospective employers that they had drug problems.

Writing it into the Ohio Constitution is foolish. All legislation requires
revision and fine-tuning, but the only way to alter the state constitution
is by a statewide vote, a difficult and expensive process.

The responsible way to deal with the drug-sentencing issue is through the
legislature, the branch of government that exists expressly to set and
adopt public policy.

Issue 1 is a thoroughly bad idea.