Don’t let ideals of Issue 1 die with initiative’s defeat

Ohioans rightly gave a severe thrashing to state Issue 1 on last week’s general-election ballot. That proposed Ohio constitutional amendment sought to defelonize a slew of drug crimes and encourage a more robust network of treatment and rehabilitation options for addicts.

Statewide, voters trounced the initiative by a significant 63.4 percent to 36.6 percent margin, according to unofficial results from the Ohio secretary of state’s office.

Despite that beating, the defeat should not be regarded as the last word on the compelling central issues the amendment sought to address, namely the need to aggressively fight our state’s out-of-control opiate epidemic and the need for criminal justice reform, specifically targeting the state’s dangerously overcrowded prison system.

After all, our opposition to Issue 1 – and that of dozens of other individuals and institutions – centered primarily on its packaging and not on its overriding aims. We and many others viewed the new and narrow chiseling into Article XV of the Ohio Constitution as dangerous tinkering with that most fundmental set of overarching principles that define our state government.

But as for the philosophical arguments underpinning Issue 1 – the Drug and Criminal Justice Policies Initiative – to reduce the penalties for the crimes of obtaining, possessing or using illegal drugs, each side had some ideas worthy of further review.

Supporters passionately asserted that the Buckeye State needs to make treatment and rehabilitation a stronger priority, given Ohio’s ranking as second-highest in the nation in the number of deaths from drug overdoses.

Backers of the amendment also argued reasonably that prison cells are inappropriate venues for drug treatment and that the 130 percent overcapacity rate of the Ohio prison system is shameful and must be lowered.

Similarly, opponents of Issue 1 had their own set of legitimate concerns beyond the amendment’s ill-fitting presentation as a constitutional amendment. For example, they feared the decriminalization proposed went too far, that judges would lack needed discretion and that the state’s very successful network of drug courts would be threatened.

BRING TOGETHER BOTH SIDES

It is now time, therefore, to bring both sides together to iron out a productive package of drug-treatment and prison-policy reforms. We would encourage Republican Gov.-elect Mike DeWine to find leading representatives from both sides of the Issue 1 debate to sit on an advisory panel to craft compromises toward the intended constructive aims of Issue 1.

We’d hope he’d tap Ohio Chief Justice Maureen O’Connor, a leading opposition voice and a panelist on a Vindicator- sponsored debate on the issue in September. Mahoning County Common Pleas Court Judge John Durkin, whose drug court serves as a model for others throughout the state and who also participated in the lively debate, would also bring needed expertise to such a panel.

It should also be complemented by leaders in the campaign to pass Issue 1, such as Stephen JohnsonGrove, deputy director for policy at the Ohio Justice & Policy Center, or Shakyra Diaz, managing director of Crime Survivors for Safety and Justice. Both spoke fervidly and articulately at the Vindicator debate.

All of their voices deserve to be heard and channeled into the proper mechanism for change, namely legislation for members of the Ohio General Assembly to consider, debate and refine.

For his part, Senate President Larry Obhof, R-Medina, said he hopes to file legislation before the end of the year seeking to downgrade some drug offense and encourage treatment.

According to the Columbus Dispatch, Obhof has been working with others to draft legislation that seeks to reclassify most minor drug felonies as misdemeanors, with a preference for probation for those who seek treatment; allow records for some past convictions to be sealed but maintain judges’ ability to threaten jail time if probationers don’t stay in drug treatment.

Having witnessed the success of the carrot-stick approach Judge Durkin’s and other local drug courts use, we’d encourage any final package to retain them and encourage their expansion.

If Obhof follows through, he, too, should seek out the diversity of voices heard throughout the Issue 1 campaign before finalizing and introducing his bill.