Statewide prison smoking bans hits snag

The General Assembly's Joint Committee on Agency Rule Review has temporarily withdrawn a prison smoking ban adopted by the Ohio Department of Rehabilitation and Correction, setting up the possibility that the matter will be taken up by the legislature (Source: "Prisoners still can smoke -- for now," Columbus Dispatch, Jan. 3, 2009).

At issue is whether the department has the authority to regulate tobacco use without legislative action.

Among those opposing the ban is the Ohio Wholesale Marketers association. That organization contends that its members will be negatively impacted by the ban. According to the ODRC, prison commissaries sold $6.2 million in tobacco products from March 2007 to February 2008. Prison officials argue that a smoking ban would save the state by lowering medical costs for inmates.

Ohio Prison Director Terry Collins said he still hopes to have a smoking ban in place by March 1 and is reviewing his department’s legal options.