COMMENTARY

Opinion: Many drug offenders need punishment, not just treatment

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By Rachel Hutzel, Contributing Writer Updated 4:08 PM Tuesday, June 23, 2009

President Barack Obama has recently appointed Gil Kerlikowske as Director of the White House Office of National Drug Control Policy. While Kerlikowske has some good ideas, there are a few that I take issue with.

The new director has identified the misuse of pharmaceuticals like oxycontin as one of his top priorities. National and local statistics indicate that the fastest growing drug problem in the country is prescription drug abuse. Focusing resources on prescription monitoring methods is appropriate.

Kerlikowske advocates the diversion of funds from law enforcement and prisons to treatment and needle exchange programs for drug users. Kerlikowske argues that anti-drug efforts in this country should be led by public health officials and not law enforcement officials. Here, I disagree with the director.

In my office, approximately one in five felonies is a drug possession or drug trafficking charge. Nevertheless, an estimated 85 percent to 90 percent of the felonies committed in Warren County are drug or alcohol-related. Many thefts are committed to get drug money. The majority of traffic-related deaths are drug or alcohol-related. And personal crimes such as child endangering and domestic violence are usually fueled by drugs or alcohol.

Many of those charged with possession receive treatment at the expense of the county. Last year, many drug felonies in Warren County received court-ordered and taxpayer-funded treatment, referred to in the Ohio Revised Code as “treatment in lieu of conviction.” Many of those charged with drug possession successfully complete needed treatment, and never re-offend. Others do re-offend.

Treatment, without punishment, is unfair to victims of drug-motivated crimes, such as that committed by Roxie Luff in a Warren County nursing home recently. Luff stole pain medication from elderly patients who suffered needlessly as a result of her drug addiction.

Further, treatment is ineffective to deal with dealers such as Nicholas Lozier, convicted of dealing cocaine and ecstasy in Warren County. Many drug dealers like Lozier are “businessmen,” who profit enormously from the addiction of others. Lozier is a criminal who was, and should be, punished by the criminal justice system.

Stanley Hall caused permanent brain damage to 2-year-old Marilyn while using drugs. It is not fair to Marilyn to simply treat her tormentor rather than to punish him.

Many drug crimes should continue to be dealt with harshly. The people who are harmed by the selfish, destructive acts of drug users and drug dealers deserve nothing less.

Rachel Hutzel is the Warren County prosecutor.

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