The Ohio General Assembly adopted House Joint Resolution 4 (HJR 4), a general assembly initiated constitutional amendment which, if passed, would prohibit the passage of a constitutional amendment that would “grant a monopoly, oligopoly, or cartel … to any person or nonpublic entity.” HJR 4 will appear as Issue 2 on the November 15, 2015 ballot in Ohio.
Meanwhile, the advocacy group RsponsibleOhio has gathered enough signatures to place its Marijuana Legalization Amendment on the same November 15, 2015 ballot as Issue 3. Arguably, Issue 3 would create a monopoly and would be prohibited by Issue 2. Just to remove all doubt, Ohio legislators added the following provision to HJR 4 prior to adoption: “If, at the general election held on November 3, 2015, the electors approve a proposed constitutional amendment that conflicts with division (B)(l) of this section with regard to the creation of a monopoly, oligopoly or cartel for the sale, distribution, or other use of any federal Schedule I controlled substance, then notwithstanding any severability provision to the contrary, that entire proposed constitutional amendment shall not take effect.” The added language appears clearly aimed at Issue 3.
If both Issue 2 and Issue 3 pass, who would win? Article II, Section 1b of the Ohio Constitution provides that if conflicting amendments are both approved, the amendment receiving the highest number of affirmative votes shall become law. The Ohio Constitution also provides that a general assembly initiated amendment shall be effective upon passage, whereas an elector initiated amendment shall be effective 30 days after the election at which it was approved. Finally, the Issue 3 specific language added by legislators to HJR 4 would come into play.
Regardless of which issue receives the most affirmative votes, if both are passed by voters, it seems likely that the issue will end up before the Ohio Supreme Court, which has original jurisdiction in all cases challenging the adoption or submission of a proposed constitutional amendment to the electors. For more information on how this may affect your business, please contact a member of the Frantz Ward Marijuana Law & Policy Group.