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Michael J. Duber and Brandon T. Duber

Ohio’s Overcrowded Prisons Spur New Sentencing Laws – Part 2

Dec 16, 2011 |

Continued from Part 1…

Possession of marijuana and hashish:

Previously, the maximum F-2 sentence (eight years) would be applied to a person trafficking or in possession of 20 kilos of marijuana, 1 kilo of solid hashish, or 200 grams of liquid hashish. Under the new bill, the possession amounts are higher and the mandatory prison term is lower (between five and seven years, depending on the situation). The new law does not apply to drug charges near schools, or in cases of juvenile penalties.

New thresholds for felony theft charges:

Prior to HB 86, the most serious theft felony, F-1, had been classified as theft of $1 million or more. Under the new law, an F-1 theft felony is classified as theft of $1.5 million or more. Most of the thresholds for theft classifications are now 50 percent higher than they had been.

Increased earned credits:

Under the new law, some offenders can earn five days per month off of their sentence. Previously, only one day per month could be earned for credit toward release. (Sex offenders are not eligible for this change.)

Sentencing for drug offenders:

Mandatory sentencing has been relaxed for major drug offenders. This bill changes how MDOs are defined, and it gives the judge more latitude in sentencing.