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State Issues 2 and 3 on the Nov. 3 ballot focus on different topics, but they are tied together by one word: marijuana. Here's what you need to know.
(Glen Stubbe, Minneapolis Star Tribune via AP)
COLUMBUS, Ohio -- State Issues 2 and 3 on the Nov. 3 ballot focus on different topics, but they are tied together by one word: marijuana.
Issue 3, which would legalize recreational and medical use of marijuana, reached the ballot through a petition drive.
State legislators, looking to head off the marijuana issue and bar enshrinement of business interests in the Ohio Constitution, put Issue 2 on the ballot.
So given that the two issues are competing against each other, don't be surprised by the ads that urge a vote in favor of one and against the other.
And if both are approved? Almost certainly the courts will have to sort it out.
Here's a quick look at each.
Issue 3
What It Would Do: Issue 3 would legalize personal and medical use of marijuana in Ohio, opening the door to a multi-billion dollar industry regulated by the state.
Here are some key provisions of the constitutional amendment:
- Legalizes recreational use of marijuana and marijuana-infused products by adults age 21 and older and legalizes use for medical purposes.
- Establishes a regulated industry, governed by the Ohio Marijuana Control Commission, that would draw up rules and procedures, establish a system for tracking all marijuana, medical marijuana and marijuana-related products and serve as a clearinghouse for all scientific and medical research.
- Limits commercial growing to 10 specific sites controlled by campaign investors. More sites could be added after four years.
- Requires retail outlets to get a license, which cannot be issued unless approved by electors in the precinct, similar to liquor sales. No business could locate within 1,000 feet of a church, school, daycare center, library or playground.
- Allows adults 21 and older to home-grow marijuana, permitting up to four flowering plants and up to 8 ounces of dried marijuana at a time if the individual has obtained a $50 home-grow license.
- Taxes marijuana 15 percent when grown and manufactured and 5 percent at retail locations, with most revenue going toward road repairs, police and fire protection and other local public services.
What proponents say: ResponsibleOhio, the group that put the issue on the ballot, argues that marijuana prohibition has failed. Police agencies in Ohio spend millions each year enforcing marijuana laws, money that could be better spent tackling other crime and addressing more serious drug issues like heroin. Approval of the issue, it argues, would open the door for medical treatments now unavailable in the state and create a regulated and controlled industry that would raise millions in tax revenue for Ohio and lead to economic development.
What opponents say: The issue would create a state-sanctioned industry that would give exclusive rights to a small group of investors. The structure would lock in what opponents call "sweetheart tax rates" that could not be changed by the state government. Allowing over-the-counter sales of marijuana and marijuana products raises public health and safety issues, particularly with regard to children.
Issue 2
What it would do: Issue 2 would bar constitutional amendments that would enshrine a business interest or financial advantage in Ohio's constitution. The word "marijuana" doesn't appear anywhere in the text of Issue 2, but legislators clearly enacted it with the goal of heading off Issue 3.
Here are some key provisions of the constitutional amendment:
- Prohibits individuals or entities from proposing a constitutional amendment that would grant a monopoly, oligopoly or cartel; specify a tax rate; or confer a commercial interest that is not available to others.
- Requires that a citizen-proposed issue that would establish such a right would have to be accompanied by a second ballot issue asking voters if the special right should be allowed. Approval of both issues would be required for them to take effect.
- Specifically bars any such issues that will appear on the Nov. 3 general election ballot for controlled substances (Issue 3) from taking effect.
What proponents say: Issue 2 is needed to ensure that Ohio's constitution is not up for sale. The citizens' petition process that was created in 1912 was intended for issues of broad public interest. Issue 2 would keep well-financed, special interest groups from putting constitutional amendments before voters that would lock in preferential commercial interests or tax rates for themselves. Advocates say the issue long has been needed and cite the state's casino amendment as an example of why.
:
The current system works. Before any citizen-proposed amendment can take effect, it first must gain approval of the voters. Therefore, there is no reason to limit what can be proposed to Ohioans. Some critics also contend that the issue was poorly drafted and that it could inadvertently
dealing with tax rates. The language that targets other issues on the Nov. 3 ballot would cancel the will of the people if Issue 3 were approved.