Pubdate: Sun, 09 Aug 2015
Source: Plain Dealer, The (Cleveland, OH)
Copyright: 2015 The Plain Dealer
Contact: http://www.cleveland.com/plaindealer/letter-to-editor/
Website: http://www.cleveland.com/plaindealer/
Details: http://www.mapinc.org/media/342
Note: priority given to local letter writers
Author: Dave Yost
Note: Dave Yost, a Republican, is Ohio auditor.

OHIO MARIJUANA PROPOSAL ECHO CAUTIONARY TALE OF MARGARINE PROHIBITION

Margarine prohibition ended in Ohio via the ballot box in 1949. How 
it happened sheds some light on the attempts to repeal marijuana 
prohibition this year.

Oleomargarine, as it was known at the dawn of the 20th century, was 
invented in France as a result of a prize offered for the invention 
of a cheap substitute for butter. The invention spread quickly to the 
United States.

The stuff was white and had the appearance of lard --not surprising, 
since it was originally made from beef fat and vegetable oils.

Many people found the appearance unappetizing --imagine spreading 
warm, fresh-baked bread with lard -- so manufacturers began to use 
yellow food dye to make margarine look more like butter.

They succeeded, causing alarm among Wisconsin dairy farmers who 
correctly concluded that a tasty, less expensive alternative to their 
butter would create a drop in sales and cut into their income. 
Threatened by the competition, they won passage of new laws banning 
the sale of yellow oleomargarine.

In 1890, Ohio enacted its own prohibition on yellow oleomargarine. 
Plain white oleo was legal  only the kinds that looked like butter 
were against the law.

White oleo could be sold with yellow dye packets that could be mixed 
in at home. The additional labor, at a time before power mixers and 
food processors, was not well received in Ohio's kitchens. The end 
result was frequently a swirled effect, yellow and white. At least it 
didn't look like rendered pig fat. (That's what lard is, of course.)

The matter was challenged in court as an unconstitutional taking 
under the Fifth Amendment, but the U.S. Supreme Court in 1903 held 
that the Fifth Amendment did not apply to the states, only the 
federal government.

So, aggrieved Ohioans turned to their legislature, seeking relief. 
Year after long year, they were whipped by the powerful dairy lobby 
- -- a potent political force at a time when every county had at least 
one representative in the House, no matter how small its population.

The political churn made Ohioans burn with passion -- they yearned to 
keep more of what they earned by purchasing cheaper butter 
substitute. Finally, they turned to the initiative process, collected 
petition signatures, and placed the issue on the 1949 November 
ballot, ending prohibition against yellow oleo once and for all.

Today, the self-proclaimed ResponsibleOhio is seeking an end to 
marijuana prohibition through the initiative process - but with a 
twist. If approved by voters, it would write into the Ohio 
Constitution the location of ten farms that would be allowed to grow 
marijuana, exclusively.

A business plan shouldn't be written into the constitution.

Even if you're for ending prohibition -- of oleo or marijuana -- 
writing into the constitution an exclusive license to make the newly 
legalized product is a bad idea. It wasn't needed for oleo 
legalization, and it's not needed for marijuana legalization either.

A legalized, properly licensed market should be available to all 
comers, not just the few with the money to enshrine into the Ohio 
Constitution a monopoly for themselves.

Oleo prohibition ended at the hands of the voters -- and without the 
creation of a cartel of rich guys to control the market. If it is the 
judgment of the voters of Ohio that marijuana prohibition should end, 
the ResponsibleOhio amendment is the wrong way to go about it.
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MAP posted-by: Jay Bergstrom