Lawmakers proposing blocking monopolies in Ohio constitution

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 sites 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.

Ian James, executive director of ResponsibleOhio, described the legislation as an effort to squelch the voice of the people.

“For 18 years, state lawmakers have stalled on an issue that the majority of Ohioans now support. These politicians trusted the voters enough to elect them, but when faced with an issue they disagree with, lawmakers want to deny the voters the right to decide,” James said.

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.”

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