marijuana

Marijuana Monopoly Could Violate Commerce Clause if Enforced vs. Out-of-State Growers

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ResponsibleOhio’s marijuana legalization amendment may run afoul of the Commerce Clause if the marijuana monopoly is enforced to prohibit out-of-state growers from selling marijuana in Ohio.  This may be true even the federal government does not legalize marijuana. See Crain’s Cleveland Business.  Monopoly on Ohio marijuana market could be cloudy issue

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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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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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House Joint Resolution 4 Aims to Restrict Constitutionally Created Monopolies

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House Joint Resolution 4,  introduced yesterday, would amend the Ohio Constitution to restrict amendments  to the Ohio Constitution that create economic benefits in favor of certain individuals.  Initiatives by the General Assembly would not face these restrictions, only initiatives by individuals.  An individual or group wanting to amend the Ohio Constitution to create an economic

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Better for Ohio Drops Marijuana Petition for 2015, Ohioans to End Prohibition Refiles with AG

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Better for Ohio stopped the push to get their Legalize Marijuana and Hemp in Ohio Initiative Petition on the 2015 ballot.  See Toledo Blade, Marijuana Group Quits Ballot Bid.  The group said the cost of getting the necessary signatures by July 1 was prohibitive.  Better for Ohio’s amendment allows forty grow-sites to be owned by

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Third Marijuana Legalization Amendment Rejected by AG

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A third marijuana legalization amendment, called the Cannabis Control Amendment was filed with the Ohio Attorney General by Ohioans to End Prohibition.  This third proposal differs from Legalize Marijuana and Hemp in Ohio Initiative Petition (Better for Ohio) and Marijuana Legalization Amendment (ResponsibleOhio) because it does not limit grow-sites to certain named individuals.  Under the

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