Medical Marijuana

Legislators have limited options available if they intend to try to stop efforts to amend Ohio's constitution to legalize marijuana in the state. Backers of two issues now are circulating petitions among registered voters in an effort to reach the November ballot.

(Glen Stubbe, St. Paul Pioneer Press file photo via AP)

COLUMBUS, Ohio -- Ohioans could face more than one issue on their ballot in November that would legalize marijuana. And while that has stirred some concerns, don't look for the legislature to step in ahead of time to countermand the efforts.

Some lawmakers dislike that the process for amending the Constitution is being used to potentially create what they see as a business monopoly on marijuana. Others dislike legalization at all.

But Statehouse insiders say no serious push is underway to try and enact something quickly ahead of November.

Indeed, House Speaker Cliff Rosenberger made it clear this week that he is opposed to any action that could involve legalizing marijuana.

"Clearly, my position on what's going on `with the ballot initiative has been very straightforward, and that is I don't believe in it, and I don't think it's a good thing for the state of Ohio," Rosenberger said.

Asked if he envisioned his chamber pushing through marijuana legalization legislation to head off potential ballot issues, Rosenberger was firm.

"I don't believe so. Not as long as I'm speaker, at least."

A Senate staffer was unaware of any efforts to intervene in that chamber.

If two issues did land on the ballot, it's possible they could split supporters and defeat each other.

But the potential for two issues does concern Secretary of State Jon Husted, who chairs the Ohio Ballot Board.

On Thursday, the ballot board cleared the way for Better for Ohio to start circulating petitions and collecting names of registered voters needed to get its marijuana legalization issue on the ballot.

With that, Husted said he thought it was time for the General Assembly to take up the debate.

Better for Ohio will have to gather more than 305,000 signatures to put the issue before voters. ResponsibleOhio, which has its own marijuana proposal it wants to put on the ballot, has been collecting signatures for several weeks.

With the prospect of having dueling constitutional amendments on the ballot in the fall, Husted said he thinks it is time for the General Assembly to address legalization of marijuana.

That would allow for a more-thoughtful approach, he said, with public hearings and testimony before action is taken.

If nothing else, Husted said, there should be discussion, given that polling data suggests voters might approve legalization.

"I once heard it described as a bad idea whose time has come," Husted said. "This is too important to leave to a handful of special interests."

But Husted conceded Thursday that the legislature's options might be limited.

The Ohio Constitution would trump any legislation approved by the General Assembly, he said. So the constitutional amendments would override changes legislators make to state law.

Theoretically, legislators could put forward a constitutional amendment of their own to counter the legalization efforts, but they would have to act quickly. The deadline would be in early August.

A complicating factor is that the General Assembly is focused on the state budget, which must be approved and signed by the governor by June 30.

Traditionally, the chambers then adjourn for the summer.

Meanwhile, a chorus of state officials have criticized use of the amendment process to establish a business that would be limited to certain investors, as both the ResponsibleOhio and the Better for Ohio amendments would do.

In each case, a limited number of people would be allowed to grow marijuana for commercial sale. Language in the constitutional amendments spells out how those people will be determined.

Rosenberger suggested the Ohio Constitutional Modernization Commission, which is considering updates to the state constitution, might need to consider "what we need to do to continue to protect our constitution."

Rep. Michael Curtin of Columbus is circulating a letter among fellow Democrats asking if they would join him in sponsoring a resolution in the House stating opposition to the process.

"We should not allow anyone to abuse the Ohio Constitution to create a commercial monopoly -- and certainly not a commercial monopoly for personal enrichment through the sale and distribution of marijuana," Curtin wrote in his letter.

And on Thursday state Auditor Dave Yost recommended the modernization commission take up the issue. He proposes it pursue an amendment that would ban amendments to the Ohio Constitution that would create economic monopolies.