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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 on November 3, 2015, the electors approve a proposed constitutional amendment that conflicts with division (B)(1) of this section with regard to the creation of a monopoly, oligopoly, or cartel for the sale, distribution or other use of any federal Schedule I controlled substance, then notwithstanding any severability provision to the contrary. the entire proposed constitutional amendment shall not take effect.


2.  The monopoly provisions are too embedded in the ResponsibleOhio amendment, so a court could not sever the monopoly provisions and leave the rest remaining.

See Cleveland.com: What happens if both marijuana legalization and anti-monopoly amendments pass?

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