CSDP Blog

Illegal substance use can land an individual a felony leading to a number of negative implications. According to the Plain Dealer November 11, 2008 article, ("Mayor Jackson Doesn't Want Drug-Paraphernalia Charges To Be Felonies") "People caught in Cleveland with drug residue in pipes and syringes will no longer be charged with a felony beginning early next year, Mayor Frank Jackson said Monday.The goal is to get addicts treatment without saddling them with a felony that could hamper them in turning their lives around, Jackson said. He warned that the new protocol will not provide a free pass to criminals and that police will still aggressively pursue drug arrests.But the new policy gives offenders a chance to treat their addiction, Jackson said. The city is finalizing the policy with the Greater Cleveland Drug Court and city prosecutor's office so they aren't burdened when the change is implemented. Jackson plans to ask the county drug-abuse board for additional money to beef up treatment programs."

The article states, "Drug abusers face felony possession charges if caught with trace amounts of drugs in a crack pipe or heroin syringe. Community activists have said for years that similar cases from the suburbs are charged as misdemeanors, leading to inequity in how justice is delivered.Cleveland is the only large city in Ohio that charges drug-paraphernalia cases as felonies, Jackson said.About 6,000 people face felony drug charges every year in the city. Jackson expects 1,200 to 1,500 of those cases to fall under the new policy."

The article adds, "The city will adopt a progressive system, similar to a three-strike law and drunken-driving laws.On the first offense, a user will be charged with having drug paraphernalia, a second-degree misdemeanor. A second offense will be charged as a first-degree misdemeanor. Defendants charged with either of these offenses could be eligible to have their cases diverted to Cleveland's drug court.A third arrest will be a felony offense, which would send the case to Cuyahoga County Common Pleas Court for a drug-abuse charge."