Competing ballot initiatives could send marijuana legalization issue to Ohio Supreme Court

The first publicly released poll directly on Ohio’s vote on legalizing marijuana suggests it could get the support of 56 percent of registered voters, while competing Issue 2, the antimonopoly amendment rushed to the ballot by lawmakers to thwart the marijuana question, would also pass with 54 percent of the vote (Source: “Ohio marijuana issues could see court showdown,” Toledo Blade, Oct. 13, 2015). 

The Health Policy Institute of Ohio has launched an online resource page dedicated to providing Ohioans with a non-partisan source for resources and information about Issue 3. There may be considerable impacts to health policy and health outcomes in Ohio should the ballot issue pass. The resource page is intended to help interested voters and policymakers understand the policy and health issues surrounding marijuana legalization in Ohio.

If the results of the WKYC-Kent State University Poll end up being an accurate prediction of poll results, it would likely set up a showdown before the Ohio Supreme Court between two successful constitutional amendments that conflict with one another.

Generally, Issue 3 would legalize the use of marijuana for recreational and medical purposes and would build a new wholesale and commercial infrastructure around the newly legal business. It would write the specific parcel numbers of 10 investor-operated growing facilities into the Ohio Constitution, thus triggering the ballot description of a “monopoly.”

Issue 2 would prohibit the writing of any new commercial monopolies into the constitution, including the marijuana enterprise that Issue 3 would purportedly create.

Lawmakers moved quickly to put Issue 2 on the ballot, arguing that if both pass, Issue 2 would prevent citizen-initiated Issue 3 from taking effect. Both sides, however, agree that the dispute would likely be decided in court.