(Submitted by State Representative Theresa Gavarone)
State Rep. Theresa Gavarone (R-Bowling Green) today announced the passage of legislation by the Ohio House that makes changes to drug trafficking and possession laws regarding cocaine. House Bill 4 restores the statutory penalties for possession of cocaine and clarifies the penalties for the trafficking of cocaine.
Under Ohio’s statutory drug penalty framework, penalties increase with the quantity of the drug involved in the violation. For cocaine, the Ohio Revised Code prescribes five steps or tiers of felony penalties with the increasing amounts of cocaine involved.
The possession penalties were undone by the Ohio Supreme Court’s recent decision in State v. Gonzales, which determined that only the weight of pure cocaine in a substance could be used to set an offender’s sentence. Because of this, cocaine possession, regardless of quantity, will, as a practical matter, only be prosecuted as a fifth degree felony, the lowest penalty under statute, if the law is not amended.
House Bill 4 seeks to modify this language to clarify that the total weight of the compound, mixture, preparation or substance containing cocaine is included for penalty purposes, for both offenses of possession and trafficking.
“Prior to the passage of this bill, drug traffickers faced a low-risk, high reward proposition for transporting cocaine because of the relatively light penalty,” said Rep. Gavarone. “This legislation aids law enforcement and members of the judicial system by strengthening penalties for possessing and transporting cocaine. I am proud to have co-sponsored this bill with Reps. Cupp and Rogers.”
The legislation now heads to the Ohio Senate for consideration. The bill includes an emergency clause to make it effective on the day it is signed by the Governor.
