"Drug law lends itself to such easy stereotypes that voters might be surprised at what's on the books already and what actually happens to illicit drug users," said the Commission's Executive Director David Diroll. "Many new laws make Issue 1 unnecessary and even rigid," he added.

Since the mid-90s, the Sentencing Commission has been behind a series of reforms that favor treating--rather than jailing--people who possess but don't sell drugs.

"As a result," said David Diroll, the Commission's executive director, "courts today have greater flexibility in dealing with drug users. More flexibility, in fact, than Issue 1 allows."

He listed several recent changes in how Ohio law deals with drug users.

• Unlike Federal law, Ohio has no mandatory prison or jail terms for persons who possess illegal drugs for personal use.
  
• Drug courts place many users in treatment before sentencing. If successful, the court dismisses the case without a conviction.
  
• If a drug use case reaches sentencing, the law guides judges to sentence to treatment instead of prison. In fact, the offender can have a prison sentence overturned when no aggravating factor--such as violence--is present.
  
• Recognizing that many drug users violate conditions imposed by courts, the law encourages judges to order treatment if the offender violates solely by testing positive for drugs, provided the offender has not already failed in treatment.

"Neither prison nor jail is the usual destination for the vast majority of illegal drug users," said Commission research coordinator Fritz Rauschenberg.

According to Commission data, most drug offenders are misdemeanants. Many face only a fine of $100. Of the 2,650 lowest-level drug felons who wind up in prison, 1,200 (45%) pave their way by violating court-imposed conditions, most typically by committing new crimes, including violent acts and thefts. Nearly 1,000 more (37%) go to prison because they have already been convicted of at least one prior felony. Another 8.5% are convicted of multiple drug charges, not just one possession count.

In short, said Rauschenberg, "less than 9% of first time single count felony drug users find themselves in prison."

"Remember," Diroll added, "the 9% includes persons who pled guilty to avoid more serious charges, offenders with juvenile or misdemeanor records that couldn't be ignored, and those that the court plans to release after serving as little as 30 days."

As for drug users bound for local jails--about one-fifth of all felony drug cases--Commission research shows the average sentence is under 20 days.

"We appreciate that the pro-Issue 1 campaign has taken such an energetic interest in usually dry Sentencing Commission data," Rauschenberg said. "But they don’t tell the whole story."