Bill targets drug dealers preying on addicts

Penalties would toughen near treatment locations

A bill that would toughen penalties for those who deal drugs near a site offering substance addiction treatment or to addicts undergoing treatment passed the Ohio legislature on Wednesday.

The legislation, sponsored by Sen. Theresa Gavarone, R-huron, is similar to current Ohio law where felony levels are increased for drug trafficking near schools or juveniles. In many cases, a fourth-degree felony would become a third-degree one.

The goal is to fight the ongoing opioid crisis and other addictions by targeting the supplier, especially those who prey on recovering addicts, Gavarone said.

“My stepson, who was then an addict in treatment ... could leave the facility, walk a block in any direction and find someone willing to provide him heroin,” said Paul Dobson, former head of the Ohio Prosecuting Attorneys Association, in testimony. “That’s why we discussed the idea that has become SB 25.”

While Senate Bill 25 has enjoyed broad bipartisan support, there are some who say higher penalties are just an echo of the failed “war on drugs” approach, dealing with addiction as a crime. Criminal justice reform advocates fear it could disproportionately impact communities of color.

Many noted that in dense, urban areas, it could be hard to not be in the vicinity of an organization providing some sort of addiction recovery support, such as pharmacies or doctor’s offices.

“The idea that Ohio will solve the drug crisis if we incarcerate all the drug traffickers is not realistic,” said Niki Clum with the Ohio Public Defender’s

office last month, noting others will simply step in to make a profit off drugs.

In response, Gavarone made some changes which have appeased some opponents. Higher penalties would only apply if the crime happens within 500 feet of a treatment site, instead of 1,000. Prosecutors would need to prove offenders “knowingly” violated the law instead of “recklessly,” which arguably narrows the scope.

In addition, an effort to criminalize cheating an alcohol, drug or urine screening test was removed from the bill, after some advocates said it was too extreme.

A fiscal analysis estimates the bill would increase incarceration costs $1.7 million to $5.8 million annually due to longer prison stays from the higher penalties.

The bill now awaits a final signature from Republican Gov. Mike Dewine, who said through a spokesperson he supports the bill.

This is the third time Gavarone has spearheaded this legislation, with previous efforts ending right before the finish line. Dewine vetoed it in 2020, but only because a Covid-related measure was added to it.

“This is an idea I support, and look forward to the day I sign that provision into law,” the governor had said then.

Titus Wu is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.