By Michael Bear
Issue 3 claims to legalize marijuana. This claim is false. This is nothing more than another drug cartel, misleading the public, to gain a monopoly and make millions of dollars for themselves. The land and facilities have already been written in the amendment to give the monopoly to Responsible Ohio’s investors. There is so much misinformation; I am addressing some of the worst misrepresentations.
- The “medical marijuana” provisions are bad law and bad medicine.
The U.S. Food and Drug Administration (FDA) is tasked with the process of approving drugs and ensuring our food supply is safe. For those who debate the legitimacy of federal powers with regard to food and drug regulation, Article 1 Section 8 of the United States Constitution does grant a limited, enumerated set of powers to Congress. One of these is called the Commerce Clause. Congress is given the power: “To regulate commerce with foreign nations, and among the several states…” This is plain interstate and international commerce. The FDA has legitimate power to regulate legitimate medicines and keeping us safe from dangerous drugs.
Marijuana remains a Federal Schedule 1 Substance. Under 21 U.S.C. §812(b)(1)(A)-(C), these substances, including marijuana are described as follows:
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has no currently accepted medical use in treatment in the United States.
(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.
Federal laws trump state laws under the Supremacy Clause in Article VI of the Constitution. Nothing in this proposed amendment to the State Constitution can repeal that.
The proposed amendment attempts to specify what conditions merit a medical marijuana prescription. This is bad medicine. The medical uses of a substance should be determined by scientific protocol, not a ballot initiative.
- Other than those drug dealers given a monopoly, marijuana will still be generally illegal under state law.
Very little of the state laws prohibiting marijuana are disturbed. Some small misdemeanor amounts are eliminated, but possession and distribution by anyone who is not connected to Responsible Ohio’s cartel are still going to be prosecuted for felonies.
So it is understood, the current possession or cultivation of up to 100 grams of marijuana (a little over 3.5 ounces) is a minor misdemeanor, punishable by a maximum of a $150 fine, no jail, and the loss of the contraband. This is about as “draconian” as a traffic ticket. The long jail sentences usually complained of for marijuana charges are either fake, for large quantities, or combined with other drug and violent offenses. This proposed amendment is a drug cartel seeking a monopoly, not the legalization it claims to be.
- Those who want to own, grow, do business with, or work for these drug dealers should be very afraid.
Bankers are not willing to open accounts with marijuana dealers in states that allow such sales under state law because they are afraid that the Federal Government will go after them for money laundering. They could seize all the properties and assets of all the shops, and place all the owners and workers in jail legally in a single night if they chose.
In the event the federal government never decides to enforce the laws and do their job, there is also the fear of private racketeering lawsuits. State and Federal law allow people harmed by drug dealers to file a private civil action. They can recover triple damages, costs, and attorney fees in these cases. An aggressive plaintiff’s attorney would have incentive to file against every person possible. This would include everyone from the corporate entities, the owners, managers, employees, and any other person who might have assets to pay a judgment. I am surprised that I have not heard of attorneys filing suits yet in other places. I am admitted in all Ohio Courts, multiple federal courts, and would be willing to seek more to work with attorneys on such cases in other states as well.
There are many more problems, but I have decided to limit this for space. Issue 3 is misrepresented by its proponents. It is bad medicine. It is a drug cartel seeking a monopoly. Vote no on Issue 3.
Michael Bear is an attorney, and sits on the Board of Directors for Community Counseling Services Inc. in Crawford County.