New Hampshire Marijuana Legalization Commission Holds First Meeting To Consider State-Run Reform Model

The first meeting of a New Hampshire commission charged with preparing a bill to legalize the sale of marijuana through a state-run store system was held on Friday. Members elected leaders for the panel, and discussed the policy issues that they would be addressing.

The bill was signed by the governor earlier this month, after the bipartisan and bicameral legislators had reached an agreement on incremental reform through a conference committee.

The “Commission to Study for the Purpose of Proposing Legislation on State-Controlled Sale of Cannabis Products” was formed by 17 members who have a mixed record in cannabis policy. Five members of the House and five from the Senate are included in the body, as well as a designee from the governor and professionals from banking, law enforcement, and civil rights.

On Friday, Sen. Daryl Abbas, who sponsored previous state-run legalization bills, was appointed chairman of the commission. Pro-legalization Sen. Becky Whitley, (D), was appointed clerk.

Matt Simon, who is the director of government and public relations for Prime Alternative Treatment Centers of New Hampshire told Marijuana Moment that attendees seemed to fall into three different “camps”.

Some support more conventional legalization, while others such as Abbas back the state control model that is at the heart of the work of the commission. Others like Bedford Police Chief John Bryfonski represent the New Hampshire Association of Chiefs of Police.

A new commission has been formed to develop a state-run system for the sale of marijuana recreationally. Chairman/Sen. Daryl Abbas (R-Salem) on the individual differences with the policy. I think it’s important that we work together in order to create legislation, but that doesn’t mean we support it. #nhpolitics pic.twitter.com/1BUN5eBEDc

— Kevin Landrigan (@KlandriganUL) September 8, 2023

The members of the ACLU of New Hampshire’s policy department, Frank Knaack (director of ACLU of New Hampshire), recommended that they discuss topics such as youth prevention, public health, THC per se limits for impaired driving, and annulment of previous cannabis records.

The members also received a paper comparing the provisions of two legalization bills passed by the state legislature. This could be used to create a legislative model for the Commission as it carries out its duties.

The next meeting will be held on September 18 and the New Hampshire Liquor Commission (which has two members: Chairman Joseph Mollica, and Policy Director James Vara) will present on this issue.

Simon stated, “We are looking forward to participating in this process and to trying to come up a reasonable policy that is sensible for New Hampshire.”

(Disclosure – Simon supports Marijuana Moment through a pledge every month on Patreon.

Members will have to move quickly in order to draft and study novel legalization bills for legislators to consider during the second half the two-year legislative sessions that begin in January. The work of the commission is due on December 1.

The group was given the specific task of looking at possible legislation that would:

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Keep marijuana out of the schools and away from children
Controls the marketing of marijuana
Prohibit “marijuana Miles” or oversaturation in marijuana retail establishments
Municipalities can choose whether to restrict or prohibit marijuana retail establishments
Multi-drug abuse is reduced
Has no additional tax to stay competitive

The New Hampshire Bankers Association and Communities for Alcohol- and Drug-free Youth are also represented in the group.

The commission’s focus on creating a cannabis market run by the state is largely because of Gov. Chris Sununu, a Republican, surprised many in May by embracing the reform model. He had come to the conclusion that the legalization of cannabis was “inevitable”, despite his concerns about the policy. He said that a state-run system is the best option to address his health and safety issues.

The conference committee approved the legislation in June that created the commission, which initially required its members to only study the idea of state stores for cannabis. Before final approval, the legislation was changed to mandate that the commission take its findings and create a state-run legalization plan for legislators to consider.

John Hunt, the chairman of the House Commerce and Consumer Affairs Committee, who was a conferee and now sits on the commission, worked on marijuana reform extensively this year, including recent efforts to find a compromise in legislation that would legalize marijuana this year via a multi-tiered approach, which includes state-controlled shops and dual licensing for medical cannabis dispensaries already operating.

Hunt’s panel has reached an impasse over the complex legislation. This was after Sununu made a surprise announcement that he supports state-run legalization, and the Senate rejected a more conventional legalization bill passed by the House’s bipartisan leaders.

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Sununu seems to be confident that his proposal for legalization will pass the Senate, but recent events raise some doubts about the lawmakers’ willingness to support the type of reform Sununu is promoting.

Last year, a bill to implement a state-run cannabis program passed the New Hampshire House. However, it was defeated unanimously in the Senate.

The underlying legislation, which the Governor signed into law along with the provisions of the Legalization Study Commission, would also remove the requirement that patients in pain first try opioid-based treatment before they receive a recommendation for medical cannabis.

The law also clarifies that it is not intended for the sale of intoxicating hemp-derived products such as delta-8THC.

In May, the House rejected a separate marijuana legalization bill that was proposed as part a Medicaid expansion measure.

The Senate also moved to introduce another piece of legislation in the same month, which would have allowed designated caregivers and patients to grow up to 12 seedlings, three immature and three mature plants for their own therapeutic use.

After rejecting reform bills in 2022 by the Senate, the House added legalization language to separate criminal justice legislation, but this was also rejected in the opposing chamber .