COLUMBUS – Voters will decide on Tuesday whether Ohio will take a historic leap forward into total legalization of marijuana use or whether the substance will continue to be outlawed. There will be no middle ground.
But, it may not be that simple.
Polls in Ohio will be open from 6:30 a.m. until 7:30 pm. on Tues., Nov 3.
Dueling issues on the statewide ballot would either amend Ohio’s constitution to allow 10 suppliers to grow and distribute marijuana for medicinal and recreational use (Issue 3) or would prohibit such a move (Issue 2) and both could be approved by voters.
So, what then?
“If Issue 2 passes, it would have pre-eminence over Issue 3 and essentially nullify it,” Secretary of State Jon Husted said.
Issue 2 prohibits amending the Ohio constitution to allow monopolies or oligopolies in which some parties financially benefit from the proposed amendment.
Issue 3, by granting “exclusive rights” to a relatively small group of companies to grow and distribute marijuana, establishes a monopoly, in Husted’s opinion.
Issue 2 was placed on the ballot by the legislature, while Issue 3 was the result of a petition drive. That, in Husted’s opinion, is why Issue 2 trumps the marijuana legalization measure.
“The current constitution says that an issue passed by the General Assembly and placed on the ballot goes into effect immediately. An issue passed by the voters that was placed there by a petition goes into effect 30 days after,” he said.
Ohio’s constitution also says, in the event that two competing measures are approved, the one with the most votes wins.
Observers believe, if both issues pass on Election Day, the matter will head to the courts.
If Issue 3 does pass and takes precedence over Issue 2, Ohio would become the first state in the nation to go from a total ban on marijuana use to total legalization without the intermediate step of legalizing it for medicinal use first.