Only in Ohio could an initiative to legalize recreational marijuana be opposed by legalization activists because it’s purpose designed to benefit 10 politically connected entities seeking monopoly rents:
As a member of the International Cannabinoid Research Society, a collector of antique marijuana apothecary jars, the founder of an industrial hemp business and “a pot smoker consistently for 47 years,” Don Wirtshafter, an Ohio lawyer, has fought for decades to make marijuana legal, calling it “my life’s work.”
But when Ohio voters go to the polls Tuesday to consider a constitutional amendment to allow marijuana for both medical and personal use, Mr. Wirtshafter will vote against it.
Issue 3, as the proposed amendment is known, is bankrolled by wealthy investors spending nearly $25 million to put it on the ballot and sell it to voters. If it passes, they will have exclusive rights to growing commercial marijuana in Ohio. The proposal has a strange bedfellows coalition of opponents: law enforcement officers worried about crime, doctors worried about children’s health, state lawmakers and others who warn that it would enshrine a monopoly in the Ohio Constitution.
The result has been one of the nation’s oddest legalization campaigns. It pits a new generation of corporate investors against grass-roots advocates like Mr. Wirtshafter, who deplores “opportunists seeking monopolistic gains” and laments that America would have been much better off “if they would have just let the hippies have their weed.”
A recent poll by the University of Akron shows voters evenly split, but if the proposal passes, Ohio will be the first state to approve marijuana for personal use without first legalizing medical marijuana. That would put Ohio, a swing state, at the forefront of the national movement to overhaul marijuana laws — just in time for the 2016 presidential campaign. Gov. John R. Kasich of Ohio, a Republican candidate for president, opposes Issue 3.
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To complicate matters, the Ohio General Assembly has put a competing initiative, Issue 2, on the ballot; known as the antimonopoly amendment, it would block Issue 3 by prohibiting the granting of special rights through the State Constitution. There is certain to be a protracted legal battle if both measures pass.
There is also the matter that the granting of monopolies in the production of Marijuana might be unconstitutional.
We see state monopolies, and state granted monopolies and oligopolies, in alcohol because section 2 of the 21st amendment has been interpreted by the courts of giving states near absolute control over the alcohol trade within their borders.
This does not apply to weed.
The story is twisted:
The story of how Issue 3 got onto the ballot begins here in Columbus, the capital, with Ian James, a political consultant whose company, the Strategy Network, specializes in gathering signatures for ballot initiatives. In 2009, his firm helped legalize casino gambling in Ohio through a measure that amended the State Constitution and specified where casinos could be located.
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Mr. James said he had “taken that premise and applied it to marijuana.” In early 2014, he said, he began meeting with lawyers and a potential investor, James Gould, a Cincinnati sports agent, to talk about a “tightly regulated system” to make marijuana available in Ohio. An organization called the Ohio Rights Group, then represented by Mr. Wirtshafter, was already gathering signatures for an initiative to make medical marijuana legal.
But Mr. James had a more ambitious plan.
With help from Mr. Gould, he found 10 investment groups willing to put up a minimum of $2 million each to finance a campaign to pass an amendment that would legalize marijuana for medical use and personal use in small amounts; set up a commission to regulate it; and designate 10 parcels of land — each owned or optioned by funders of the initiative — where marijuana could be legally grown and cultivated for commercial use.
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The backers call themselves ResponsibleOhio. Among the investors: the former professional basketball player Oscar Robertson, the fashion designer Nanette Lepore, Mr. Gould and two great-great-grand-nephews of President William Howard Taft. Each investment group has committed as much as $40 million to build facilities if Issue 3 passes.
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But perhaps the group’s most contentious marketing effort has been Buddie, an anthropomorphic marijuana bud who looks a bit like a spear of asparagus wearing green cowboy boots and a blue cape, and who has been turning up on college campuses around the state. Critics liken him to Joe Camel, the cartoon character accused of marketing Camel cigarettes to children.
To say that I have mixed emotions about this is an understatement.
My win-win scenario is for Issue 3 to pass, and for the federal courts to strip the monopoly provisions from the statute, but my second best alternative is for the corporate ratf%$#s to lose.
I have no clue as to how I would vote on this if I lived there.