10 Things Your Employees (as Parents, Taxpayers & Voters) Should Know About Issue 3

(Fall 2015) Deciding whether to vote for or against Issue 3, the proposed constitutional amendment to legalize marijuana as “medicine” and for personal (aka recreational) use, is a complex issue. Unfortunately, the debate surrounding the issue is often distilled to simplistic questions such as, “Do you like weed or not?” and “Do you think people have a right to do what they want?” To cast an informed vote on Issue 3, the following are 10 things to consider before going to the polls:

1. 1. Issue 3 is a proposed constitutional amendment and therefore, if passed, would change Ohio’s constitution.
      Likewise, the only way to revise, alter or amend it would be through a populous vote on another ballot issue (initiated by citizens or the state legislature).

1. 2. An anti-monopoly issue is also on the November ballot (Issue 2), and according to the Ohio Secretary of State’s office, if both issues pass Issue 3 would be blocked.
      The official ballot text of Issue 2 states, “Anti-monopoly amendment; protects the initiative process from being used for personal economic benefit.” Issue 3 is in direct conflict with Issue 2 because it would establish a marijuana-growing monopoly. The Ohio Constitution says if two conflicting amendments on the same ballot pass, the one that gets the most votes becomes law. However, because Issue 3 is citizen-initiated the law would go into effect 30 days after the election and Issue 2, a legislature-sponsored amendment, would become law immediately. Therefore, Issue 3 would be nullified.

1. 3. There is no such thing as a “prescription” for marijuana, even in states where it is legal as “medicine.”
      Because marijuana is illegal at the federal level and not been cleared by the Food and Drug Administration (FDA) to be prescribed or sold as medicine, Issue 3 only permits a doctor to issue a “certificate” – not a prescription – to allow patients to purchase and use marijuana. Those given a certificate would not purchase it at a drug store like prescription or over-the-counter medications. (Again, because it has not been approved by the FDA). And because there is no prescription, patients will not have information about dosage, frequency, duration of use, how it should be administered (e.g., eaten, smoked, drank), any interactions with other medications, who should not take it, or what activities should be avoided while taking it (e.g., driving or other safety-sensitive tasks). Patients will be on their own to make these decisions, instead of using approved science and established medical practice.

1. 4. With certification from a doctor, the law would permit people to use marijuana on the job.
      Section J of the amendment states, “Nothing in this section is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, or transportation of medical marijuana, marijuana, homegrown marijuana, marijuana-infused products or marijuana accessories in the workplace or to affect employers’ ability to restrict the use of such products by employees, except that a patient with a medical marijuana certification may self-administer the medical marijuana subject to the same conditions applied to administration of prescribed medications.”[Italics and bold added for emphasis.]This means whoever is permitted to use prescription medications on the job – school teachers and administrators, medical professionals (e.g., nurses, surgeons), police officers, cooks, etc. –would be permitted to smoke or otherwise ingest “medical” marijuana on the job.

1. 5. Issue 3 would permit the manufacture and sale of marijuana edibles
      If the amendment passes, manufacturing plants could produce products containing THC (the active ingredient in marijuana that produces the high). According to a published summary of the proposed amendment, a “Marijuana Control Commission” would be charged with regulating the content and potency of the edibles and “ensure” the products are not manufactured, packaged or advertised in ways that create a substantial risk of attractiveness to children. Popular edibles in states where marijuana is legal include such items as candy bars, suckers, cotton candy, gummy bears, cookies and beverages. And the lack of specific measures currently available regarding marijuana impairment means Ohio will likely experience the same struggles other states with marijuana laws are currently dealing with concerning marijuana-infused edibles such as increased childhood exposure, acute intoxication and accidental overdoses.

1. 6. The amendment would permit over 1,100 marijuana retail stores to be opened across the state (more than the combined number of Starbucks and McDonalds in Ohio).
      Could one be opened in your “backyard?” It depends on whether voters in your precinct give their approval. Since the amendment does not cap the number of stores that can be put in any particular location, there could be a disproportional number of retail stores in particular areas or sections of the state compared to others. And there are lessons learned from our history with alcohol sales that cause concern when considering the possible location of marijuana stores.   Research shows that increased alcohol outlet density in a given geographical area is associated with increased alcohol-related harms. Experience has taught that a high concentration of alcohol outlets leads to a variety of serious health and social consequences including violence, alcohol-impaired driving, neighborhood disruption and public nuisance activities.

1. 7. The taxes collected from growing, manufacturing and selling marijuana are not likely to cover the costs associated with use.
      According to Issue 3, marijuana purchased for personal use will be taxed at the retail, wholesale and manufacturing levels, while “medical” marijuana will be sold at wholesale prices (i.e., not taxed). ResponsibleOhio, the author and promoter of Issue 3, estimates that those taxes will generate $554 million in new annual tax revenue for Ohio by 2020. Comparatively, the Colorado Governor’s Office estimated they would take in $100 million in taxes, however they only generated about $53 million in personal and medical taxes in 2014. (Reports from Colorado also estimate that 40% of the marijuana consumed in the state is purchased, at a cheaper rate, on the black market.)Under Issue 3, not only would medical marijuana be available tax-free, financial assistance could be given to those in need. And it’s not fiscally sound to discuss revenue without also looking at costs. Federal and state alcohol tax revenues, for example, cover less than 10% of the estimated $185 billion in alcohol—related costs linked to health care, criminal justice and lost productivity in the workplace.

1. 8. In states that have legalized marijuana, the use among kids has increased.
      As illustrated in the report, The Legalization of Marijuana in Colorado the Impact, past month marijuana use among youth aged 12 – 17 is higher in states with legalized marijuana. Further, the 2014 Monitoring the Future survey reported that past month marijuana use among 8^th graders in Denver, Colorado was 350% higher than the national average for youth the same age. Numerous studies illustrate problems with early use:
      • When marijuana use starts in adolescence, 1 out of 6 users develops an addiction to the drug.
      • Youth with a D average or lower were more than four times as likely to have used marijuana in the past year as youth with an average grade of A.
      • Youth who begin using marijuana before age 15 are three times more likely to have left school by age 16.
      • Even if they decrease their usage later in life, those who begin using marijuana by age 13 are more likely to report lower income as adults.
      • Kids who used cannabis heavily in their teens and continued through adulthood showed a permanent drop in IQ of 6- 8 points.

1. 9. Marijuana is not proven to work for most illnesses that many states have approved it for.
      As published in the Journal of the American Medical Association, a group of researchers examined 79 clinical trials performed on 10 conditions thought to be improved with marijuana use. Of the 10 conditions studied, only two were found to have “moderate-quality evidence” to support the claim – chronic pain and muscle stiffness related to multiple sclerosis. Four of the other conditions had “low-quality evidence” and the other four had no evidence at all. Dr. Deepak Cyril D’Souza, co-author of a related editorial about the study, suggests that “both patients and doctors should demand that the government support high-quality research to conclusively determine whether marijuana has therapeutic effects in the various conditions for which it has been currently approved.”

1. 10. The groups that are in opposition of Issue 3 care about children; public health; job security and safety; and public safety.
       The list is growing daily of those associations who are publically opposed to Issue 3:
       • Ohio Children’s Hospital Association
       • Ohio Chamber of Commerce
       • Ohio State Medical Association
       • Ohio Hospital Association
       • Ohio Nurses Association
       • Nationwide Children’s Hospital
       • Columbus Medical Association
       • Ohio Chapter, American Academy of Pediatrics
       • Fraternal Order of Police of Ohio
       • Ohio School Boards Association
       • Affiliated Construction Trades Ohio
       • Associated General Contractors of Ohio
       • Buckeye Association of School  Administrators
       • International Union of Operating Engineers Local 18
       • National Organization of Black Law Enforcement
       • National Federation of Independent Businesses/Ohio
       • Ohio Council of Retail Merchants
       • Ohio Farm Bureau Federation
       • Ohio Manufacturers’ Association
       • Ohio Trucking Association

So who’s publically in favor of Issue 3? Obviously the investors who will own the 10 marijuana farms where marijuana could be grown under ResponsibleOhio’s plan. They are also investing in a $20 million campaign to pass the amendment – illustrative of the financial gain they expect if the amendment passes. The National Organization for the Reform of Marijuana Laws (NORML), whose mission it is to legalize marijuana use, also supports Issue 3, but disagrees with the amendment’s limitation on commercial growers.

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