Anti-Monopoly Amendment Targeted At Marijuana Legalization Effort Heads To Ballot

[bobandtorey]

COLUMBUS, Ohio -- Ohio voters will be asked in November to approve a ballot issue prohibiting monopolies and business interests from being written into the Ohio Constitution as well as a ballot issue that would likely violate that measure.

The Ohio General Assembly on Tuesday approved House Joint Resolution 4, a constitutional amendment to prohibit monopolies, oligopolies and cartels, specifying or determining a tax rate or conferring a commercial interest, right or license to another person or entity that is not available to similarly situated entities from being written into the Ohio Constitution.

The resolution passed the Senate in a 20-9 vote and later the House in a 72-15 vote and will appear on the November ballot. Senate Democrats said they voted against the resolution because it would deny voters the opportunity to decide on   ResponsibleOhio's plan for a legal marijuana industry limited to 10 commercial growers.

Lawmakers had said the amendment was aimed at monopolies in general, but language was included to ensure it would trump any such issues on the November ballot about the sale or use of Schedule I drugs, which includes marijuana. 

Hours before the vote, ResponsibleOhio turned in more than 695,000 signatures in support of its amendment to meet the deadline for November ballot. At least 305,591 valid signatures, meeting certain thresholds in 44 of Ohio's 88 counties, are needed to qualify for the statewide ballot.

Senate President Keith Faber, a Celina Republican, said the final language does not infringe on voters' right to vote for ResponsibleOhio's amendment.

"The reality is what we're doing is relying on the voter to be informed to make an informed decision," Faber said.

Senators tweaked the language hours before Tuesday night's vote to address concerns the broad language could prevent initiatives such as veterans bonuses, minimum wage increases, and other efforts that result in an economic benefit. The five-member Ohio Ballot Board would decide whether a proposed amendment would violate the anti-monopoly provision.

It was unclear whether the tax prohibition would affect Ohioans to End Prohibition's marijuana legalization amendment, which would also tax marijuana at rates different from alcohol or cigarettes.

Senate Minority Leader Joe Schiavoni, a Boardman Democrat, said the amendment sets a precedent that if the legislature doesn't like a ballot issue it is going to throw roadblocks at its supporters. 

"We're basically telling voters that they are not able and capable of making a decision after reading an amendment that is on the ballot for them to vote on," Schiavoni said.

Schiavoni unsuccessfully offered an amendment that would legalize marijuana without ResponsibleOhio's monopoly structure if voters approved both the ResponsibleOhio and anti-monopoly amendments this fall.

Earlier in the day, ResponsibleOhio attorney Don McTigue urged lawmakers not to rush to place the amendment on the ballot this November. McTigue said it appears on the ballot next to ResponsibleOhio's, it will face hundreds of thousands of dollars in opposition.  

"There's no reason this has to be on the ballot this November except for personal opposition that some people have to the proposed marijuana amendment," McTigue said.

The resolution's joint sponsor Rep. Mike Curtin, a Marble Cliff Democrat, said the amendment is long overdue and the Senate-revised language was an improvement.

Ohio auditor Dave Yost, who lobbied lawmakers to address constitutional monopolies, praised the passage of the "clean constitution amendment" in a statement.

"This is a great day for the people of Ohio – they will get a meaningful choice on the ballot this fall," Yost said.

 

http://www.cleveland.com/open/index.ssf/2015/06/anti-monopoly_amendment_target.html