1. United States
2. Ohio
3. Letter

I am writing to express my strong opposition to Ohio House Bill 88. While addressing the fentanyl crisis is critically important, HB 88 does not represent a targeted or effective response. Instead, it is a sweeping proposal that would introduce some of the most significant changes to Ohio’s drug laws in the past decade. The bill imposes drastic departures from the current felony classification structure, including elevating certain offenses by multiple felony levels based on weight and drug type. These changes are not only economically burdensome but also fail to demonstrate a meaningful return in terms of public safety outcomes. Furthermore, HB 88 raises serious concerns regarding fairness and justice. The bill removes the mens rea requirement for possession of most drugs, including fentanyl, while still imposing severe felony penalties. This means individuals could face serious criminal consequences without knowledge that substances in their possession were laced with fentanyl—potentially criminalizing low-level users rather than addressing the root causes of drug misuse. Current estimates suggest that these penalty changes would affect a substantial portion, and possibly the majority, of individuals entering prison for drug trafficking offenses. I urge you to carefully consider the unintended consequences of this legislation and to prioritize evidence-based, equitable approaches to addressing substance use in Ohio.