Legislation that would bring penalties for offenses involving powder cocaine in line with those involving crack cocaine could backfire and lead to greater prison populations, a defense attorneys group said.

A bill that passed the state Senate with unanimous support imposes stiffer penalties for possession and trafficking of powder cocaine, bringing sentencing guidelines to the same level as those involving crack cocaine.

"Lawmakers passed the bill because they now have a broader understanding that drug problems in Ohio extend beyond city street corners," Miller said.

"We've got a growing problem in our rural areas of the state, and many of these members are well aware of the problem," said Miller, a Columbus Democrat. The bill now goes to the House, which, like the Senate, is controlled by Republicans.

Under current state law, penalties for crack cocaine are far harsher than those for powder cocaine. For example, a person caught with only 25 grams of crack can be convicted of a first-degree felony, while it requires at least 500 grams of powder cocaine to face the same sanctions.

The Ohio Association of Criminal Defense Lawyers supported equalizing the penalties, but wanted the penalties for crack cocaine reduced to match penalties for powder cocaine, said Barry Wilford, the group's legislative director.

"I still think, ironically, the federal government is still struggling with the same issue, although I think they are still advancing an approach to reduce the penalties for crack cocaine," he said.

State Sen. Bill Seitz, a Green Township Republican, voted for the bill but expressed concern because an analysis indicated it would cost $25 million or more per year to house new offenders convicted under the harsher penalties.

"That's real money," he said. "And that's what happens when we equalize penalties at a higher rate."

Miller said he doesn't necessarily agree because the penalties will encourage more judges to opt for treatment programs instead of prison for offenders, an assertion Wilford disputed.

"It seems to me when you lengthen the prison penalties for an offense, you're not sending a strong signal to judges that they can use some non-prison alternatives to look at the case," he said.

The Ohio Prosecuting Attorneys Association supported the bill, although increased penalties would probably boost prison rolls, executive director John Murphy said.

Past penalties differed because legislators and law enforcement officials considered that crack is deemed more addictive than powder cocaine.

"The legislature decided that was not a sufficient reason to maintain the difference (in punishment) and that's fine with us, too," Murphy said.

-- AP

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