Ohio secretary of state sees potential conflict with legalized marijuana amendment

COLUMBUS — Secretary of State Jon Husted said today that approval of a potential monopoly-prohibiting amendment would block a possible marijuana legalization constitutional amendment if voters approve both in November.

“It is clear that the marijuana proposal from ResponsibleOhio and the anti-monopoly language proposed by the General Assembly are in conflict with each other,” Husted, a Republican, said in a prepared statement. “Specifically, the section of the ResponsibleOhio proposal that creates a private marijuana monopoly directly conflicts with the General Assembly’s proposal, which seeks to prohibit the creation of such commercial monopolies.”

Neither is on the ballot at this time, he said, but ResponsibleOhio, which is backing the marijuana legalization proposal says it has enough valid signatures to be put in front of voters in November.

When there are two amendments that conflict on the ballot, the one with the greater number of votes prevail, Husted said.

But this case is different, he said.

“The Ohio Constitution also stipulates that a citizen-initiated petition will go into effect 30 days after passage, whereas the constitution makes no mention of any delay for initiatives placed before the voters by the General Assembly,” Husted said. “Thus, should both proposed measures be approved, the anti-monopoly amendment put forth by the legislature would go into effect first and it’s provision banning a monopoly from inclusion in the constitution would serve as an effective roadblock to ResponsibleOhio’s amendment taking effect.”

Among the 10 backers of the proposed marijuana ballot issue is Nanette Lepore, a Youngstown native and sister of state Rep. Michele Lepore-Hagan of Youngstown, D-58th.

ResponsibleOhio has proposed a structure to regulate marijuana production and sales in the state. Its amendment outlines 10 sites where marijuana could be grown, and five testing facilities to check drug supplies for potency and safety, including a site in Mahoning County.

The ballot language also would allow anyone 21 or older to grow up to four marijuana plants at home, as long as they have obtained permits in advance and the growing area is secure.