Rep. Smith applauds change in trafficking and possession penalties

COLUMBUS—State Representative Ryan Smith (R-Bidwell) 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.

“This legislation reaffirms our message to drug dealers that there are consequences for operating in Ohio,” said Smith. “Trafficking dangerous drugs is a serious offense and should be treated as such under Ohio law.”

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.