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What happens if both marijuana legalization and anti-monopoly amendments pass?

Submitted by Marijuana News on Tue, 08/18/2015 - 08:45

COLUMBUS, Ohio -- Ohio voters in November will face two constitutional amendments that conflict with one another.

One -- a citizen-initiated amendment -- would legalize a new marijuana industry dependent on 10 predetermined growing sites. Another, which state lawmakers put on the ballot, seeks to block that business model.

What happens if they both pass?

The Ohio Constitution says if two conflicting amendments on the same ballot pass, the one that gets the most votes becomes law. But the constitution also says citizen-initiated amendments, such as the marijuana legalization amendment, become law 30 days after an election while legislature-sponsored amendments become law immediately.

Ohio's chief election official, Secretary of State Jon Husted, says it's clear: The amendment seeking to block the marijuana plan would prevail because it would take effect first.

But marijuana legalization backers who disagree with Husted's interpretation would likely challenge it in the Ohio Supreme Court,...

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