ResponsibleOhio Sues, Claiming Ballot Language Deceptive

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ResponsibleOhio filed a complaint in mandamus challenging the ballot language of their marijuana legalization initiative petition.  View the complaint.   View the court docket.  The complaint alleges that the ballot adopted by the Ohio Ballot Board violates Article XVI, Section 1 of the Ohio Constitution which requires that ballot language can not deceive, mislead or defraud […]

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Monopoly Probably Not Severable From the Marijuana

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Dean Emeritus Steven H. Steinglass opines that if both anti-monopoly and the “marijuana monopoly” amendments to the Ohio Constitution are passed and the anti-monopoly amendment gets more votes, the anti-monopoly amendment will completely wipe out the ResponsibleOhio “marijuana monopoly” amendment because: 1.  The Anti-monopoly amendment contains the following language: If, at the general election held

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Marijuana Monopoly will be on the Ballot – Conflicts with Proposed Anti-Monopoly Amendment (Updated)

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The Ohio Secretary of State verified that ResponsibleOhio obtained sufficient signatures for their marijuana amendment  to appear on the ballot this fall. See Cleveland.com, Marijuana legalization amendment approved for Ohio’s November ballot.  The proposed amendment would limit the growing of marijuana to ten sites specified in the Ohio Constitution.  The ten sites are owned by

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Appeals Court Rules State Restrictions on Traffic Cameras are Constitutional

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The Second District Court of appeals held that  SB 342 did not violate the Ohio Constitution’s home rule provisions.  SB 342 requires police officers to be present when traffic cameras are operating, and imposes other restrictions on the use of traffic cameras.  The Montgomery County Common Pleas Court ruled that these provisions violated the City

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Tenth District Holds No Standing in Second Attempt to Challenge JobsOhio

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In State ex rel. Ullmann v. Husted, 2015-Ohio-3120, the Franklin County Court of Appeals held that an individual suing for mandamus relief from the JobsOhio statute did not have standing under the public rights doctrine.  The relator asked the court to not only declare the law creating JobsOhio unconstitutional, but also to direct state officeholders

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Ohio Senate Introduces Congressional Redistricting Reforms

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SJR 2 ,introduced on July 22, 2015, reforms congressional redistricting in Ohio to make it more nonpartisan.  A similar proposal is pending in the Ohio House, H.J.R. 2. See Columbus Dispatch: Ohio senators push for congressional redistricting See our prior post Ohio Can Proceed with Congressional Redistricting Reforms – SCOTUS Approves Independent Redistricting Commissions

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New Initiated Statute Proposal Provides for Expungement of Marijuana Offenses

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The Ohio Attorney General certified an initiated statute, which would allow for expungement of marijuana offenses, if  marijuana becomes legal.  See ResponsibleOhio to begin collecting signatures for plan to expunge pot offenses.  The initiated statute also provides that if offenders are still subject to sanctions, such as prison, fines, or community control, the offender can

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