Some Ohio lawmakers think they have the answer to the disparity between penalties for crack and powder cocaine offenses: make the powder penalties as harsh as those for crack.

The Associated Press reported Oct. 25 that the Ohio Senate unanimously passed a measure that equalizes penalties for possession and trafficking of crack and cocaine by increasing the penalties for the latter. The Ohio Association of Criminal Defense Lawyers had called upon lawmakers to end what was viewed as a racially biased disparity by lowering the crack penalties to match those for powdered cocaine.

Sen. Ray Miller (D-Columbus), the bill's sponsor, agreed that treating possession of 25 grams of crack the same as possession of 500 grams of powdered cocaine unfairly targeted poor and minority communities. But his approach goes against discussions in Washington, where lawmakers have been debating whether to lower mandatory-minimum sentencing requirements for crack to equal those for powdered cocaine.

Some Ohio lawmakers expressed concern about the cost of housing more cocaine offenders, but Miller said the harsher penalties would encourage judges to divert more offenders into treatment rather than prison. State Sen.  Bill Seitz, a Green Township Republican, disagreed. "It seems to me when you lengthen the prison penalties for an offense, you're not sending a strong signal to judges that they can use some non-prison alternatives to look at the case," he said.