Pubdate: Sun, 18 Oct 2015 Source: Dayton Daily News (OH) Copyright: 2015 Dayton Daily News Contact: http://drugsense.org/url/7JXk4H3l Website: http://www.daytondailynews.com/ Details: http://www.mapinc.org/media/120 Author: Betty Montgomery Note: Betty Montgomery is a former county prosecutor and former Ohio Attorney General. HEADACHES AND LEGAL UNCERTAINTY Issue 3 to Hinder Law Enforcement, Ohio Employers. Few proposed constitutional amendments have been more at odds with common-sense public policy than Issue 3. Its problems are varied, but Issue 3 starts by putting Ohio law in direct conflict with federal law, creating a legal quagmire on multiple fronts. Issue 3 would create problems for Ohio peace officers, who sign an oath to support state and federal laws. If it were to pass, marijuana would be legal in Ohio but illegal under federal law. That's the quandary they would face. Additionally, Issue 3 would also create significant workplace uncertainties for Ohio employers. Unlike other states that have legalized recreational and medicinal marijuana, Ohio employers would be obligated to accommodate medical marijuana use in the workplace - even in schools, daycares, factories and prisons. At a minimum, this conflicts with the Americans with Disabilities Act, which does not protect users of marijuana and other federally banned substances. The Drug Free Workplace Act also prohibits marijuana use, as do Department of Transportation regulations for jobs governed by the Motor Carrier Act. Other unanswered questions for Ohio employers: Will Workers' Compensation be required to provide medical marijuana as a treatment for workplace injuries? Will it cover injuries suffered as the result of marijuana impairment? Will marijuana use at work be "just cause" for termination, and if not, will workers be entitled to unemployment compensation? The answers could carry a price tag in the millions. Beyond the myriad legal conundrums - and far more troubling - is the impact that Issue 3 will have on the safety of Ohio families. We need look no further than Colorado and Washington, two states that have legalized recreational and medical marijuana, to see what we can expect. Both states are already reporting disturbing trends in public safety since the legalization of recreational marijuana. According to recent reports, Washington has seen an 83 percent increase in THC-positive DUIs from 2011 (before marijuana was legalized) to 2015. Nearly a quarter of those cases involved individuals under age 21. A recent report from Colorado shows similar disturbing trends since 2014, when retail marijuana businesses began operating. Findings include a 32 percent increase in marijuana-related traffic deaths in just one year from 2013, a 38 percent increase in the number of marijuana-related hospitalizations, a 72 percent increase of marijuana-only related exposures, and a 34 percent increase in the yearly average interdiction seizures of Colorado marijuana. Colorado residents from ages 12 and 17 use marijuana at a rate that's 56 percent higher than the national average. Issue 3 will also greatly increase exposure of children to marijuana. Proponents refer to the "small amounts of marijuana for personal use" in their defense of Issue 3. As they say, the devil is in the details. A close read of the amendment reveals that every adult (21 and over) may possess up to 9 ounces of marijuana. Nine ounces is the equivalent of roughly 500 average sized joints. Furthermore, Issue 3 places no limits, regulations, or safety precautions on marijuana-infused edibles. These edibles often take the form of cookies or candies and are indistinguishable from regular cookies and candies. If stored or left in the open, they can easily and inadvertently be ingested by children a scenario that we've already seen play out in Colorado. The THC concentrations in marijuana edibles can also vary greatly, and the intoxicating effects of edibles are often delayed, causing an intentional user to ingest more than they should and potentially leading to dangerous behavior. Equally troubling, all these marijuana products will be available at more than 1,000 commercial marijuana stores throughout the state. It's perfectly conceivable that our children will pass them on their way to and from school or other activities. Finally, Issue 3 is a blatant misuse of the amendment process on two fronts: Issue 3 grants exclusive rights for the commercial cultivation, marketing, and sale of marijuana to a small group of wealthy investors. And the Constitution is the wrong place for drug policy. The legislature will be powerless to mitigate the kind of unforeseen consequences that Colorado and Washington have experienced. To date, only four states have legalized recreational marijuana. The impact of these new laws is just now coming into focus, and the stakes are high. Our children, our families, and our future are worth more than the false promises of Issue 3. Vote No on Issue 3. - --- MAP posted-by: Jay Bergstrom