Jacob Redmond
Well-Known Member
Two House lawmakers want to put a constitutional amendment before Ohio voters this fall that would preclude monopolies from being written into the state constitution and could block efforts to legalize marijuana in the state.
The effort, endorsed by leadership of the House and the Senate, is not directed specifically at a measure supported by ResponsibleOhio that would legalize marijuana in the state, Sen. President Keith Faber said at a news conference Tuesday.
But if both appear on the ballot in the fall, the new resolution could have an impact on the ResponsibleOhio measure, perhaps even blocking the entire measure. Ultimately that decision would likely need to be resolved in a court.
Supporters of the ResponsibleOhio measure are gathering signatures needed to put their issue before voters. It is widely expected that the marijuana legalization issue will appear on the Nov. 3 ballot.
If approved, it would restrict commercial growing of marijuana to 10 specific cites in Ohio, creating a monopoly for the owners of those properties.
To reach the ballot in November, the House proposal would have to clear the General Assembly before early August. Faber and House Speaker Cliff Rosenberger said they hope that can be done shortly after work on the state budget is completed.
A spokesman for Ohio Secretary of State Jon Husted said his office was not ready comment on what extent the House measure would affect the legalization of marijuana, if both issues were to win voter approval.
Generally, where there is conflicting language, the issue that receives the most votes would control.
But a specific provision in the proposal raises the possibility that it could block the marijuana issue from taking effect at all. It provides that if another issue on the Nov. 3 ballot would violate the anti-monopoly provisions, "not withstanding any severability provision to the contrary, that entire proposed constitutional amendment shall not take effect."
Rep. Mike Curtin, a Democrat from greater Columbus, said if both issues did appear on the ballot and won approval, it almost certainly would end up in court.
Steven Steinglass, dean emeritus from Cleveland-Marshall College of Law and a legal adviser to the Ohio Constitutional Modernization Commission, said he thinks the amendment could very well void the marijuana legalization amendment. He, too, agreed that it would be an issue likely settled in court.
Curtin and Rep. Ryan Smith, a Republican from southeastern Ohio, are the sponsors of the House resolution.
Curtin is one of several legislators who have expressed concern that the initiative petition process was being used to secure business interests by writing them into the state constitution.
Ohio's casino industry, for example, is limited to four casinos specifically included in the amendment that opened the door for legalized gambling in Ohio.
Curtin said there have been other efforts, too, in Ohio and other states that have attempted to lock in business interests for several topics, including highways or green energy. The emergence of the ResponsibleOhio initiative pushed the debate forward, he said.
"Did the ResponsibleOhio plan create a sense of urgency. Absolutely it did," Curtin said. "For me the issue is not marijuana, it's not legalization. I would be in this fight if the commodity was bananas or tires or anything else."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Lawmakers propose constitutional amendment that could block marijuana legalization effort | cleveland.com
Author: Robert Higgs
Contact: Contact us - Cleveland.com
Photo Credit: None Found
Website: Cleveland OH Local News, Breaking News, Sports & Weather - cleveland.com
The effort, endorsed by leadership of the House and the Senate, is not directed specifically at a measure supported by ResponsibleOhio that would legalize marijuana in the state, Sen. President Keith Faber said at a news conference Tuesday.
But if both appear on the ballot in the fall, the new resolution could have an impact on the ResponsibleOhio measure, perhaps even blocking the entire measure. Ultimately that decision would likely need to be resolved in a court.
Supporters of the ResponsibleOhio measure are gathering signatures needed to put their issue before voters. It is widely expected that the marijuana legalization issue will appear on the Nov. 3 ballot.
If approved, it would restrict commercial growing of marijuana to 10 specific cites in Ohio, creating a monopoly for the owners of those properties.
To reach the ballot in November, the House proposal would have to clear the General Assembly before early August. Faber and House Speaker Cliff Rosenberger said they hope that can be done shortly after work on the state budget is completed.
A spokesman for Ohio Secretary of State Jon Husted said his office was not ready comment on what extent the House measure would affect the legalization of marijuana, if both issues were to win voter approval.
Generally, where there is conflicting language, the issue that receives the most votes would control.
But a specific provision in the proposal raises the possibility that it could block the marijuana issue from taking effect at all. It provides that if another issue on the Nov. 3 ballot would violate the anti-monopoly provisions, "not withstanding any severability provision to the contrary, that entire proposed constitutional amendment shall not take effect."
Rep. Mike Curtin, a Democrat from greater Columbus, said if both issues did appear on the ballot and won approval, it almost certainly would end up in court.
Steven Steinglass, dean emeritus from Cleveland-Marshall College of Law and a legal adviser to the Ohio Constitutional Modernization Commission, said he thinks the amendment could very well void the marijuana legalization amendment. He, too, agreed that it would be an issue likely settled in court.
Curtin and Rep. Ryan Smith, a Republican from southeastern Ohio, are the sponsors of the House resolution.
Curtin is one of several legislators who have expressed concern that the initiative petition process was being used to secure business interests by writing them into the state constitution.
Ohio's casino industry, for example, is limited to four casinos specifically included in the amendment that opened the door for legalized gambling in Ohio.
Curtin said there have been other efforts, too, in Ohio and other states that have attempted to lock in business interests for several topics, including highways or green energy. The emergence of the ResponsibleOhio initiative pushed the debate forward, he said.
"Did the ResponsibleOhio plan create a sense of urgency. Absolutely it did," Curtin said. "For me the issue is not marijuana, it's not legalization. I would be in this fight if the commodity was bananas or tires or anything else."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Lawmakers propose constitutional amendment that could block marijuana legalization effort | cleveland.com
Author: Robert Higgs
Contact: Contact us - Cleveland.com
Photo Credit: None Found
Website: Cleveland OH Local News, Breaking News, Sports & Weather - cleveland.com
