The New Hampshire commission that is responsible for drafting the bill to legalize the sale of marijuana through state-run stores before the end of the month, met again on the Friday.
The committee covered about a page-and-a-half of the document’s 37 pages during the meeting on Friday. It then flagged a few items for the members to research at home and bring back to a future meeting. The committee discussed a number of issues, including personal possession limits, penalties associated with smoking or vaping cannabis in public, whether adult can give cannabis to each other, and whether people who are not housed should be considered “residents” according to the bill’s definitions.
Since took up the reference measure at their last meeting, the members have only read six pages. The document was distributed by Sen. Daryl Abbas, the chair of the commission. Abbas’ staff told Marijuana Moment in November that the draft measure was “extremely flexible and nothing is official.”
Similarly to the last meeting, the members of the panel made few formal amendments to Abbas’ draft legislation. When the discussion was contentious, or the panel wasn’t sure what a particular provision meant, members were given the task of updating provisions before the next meeting on Thursday.
The meeting on Friday was divided over how to punish those who vape or smoke marijuana in public. Working drafts say the offence would be punishable by a civil fine of $250, higher than the $100 state penalty for drinking alcohol in public. Some members wanted the fine reduced to match that of alcohol consumption in public, but others — including Abbas — wanted it increased to a misdemeanor offense.
Abbas, an attorney, said that he is a resident of Salem, Massachusetts where marijuana has been legalized. He often smells cannabis when he enters a garage. He said that he didn’t believe the deterrent system in place there was working.
Rebecca Whitley, a member of the commission (D), reminded Abbas about the importance of not making public policy based on anecdotes. She said, “You want public policy to be based on facts.” If the purpose of criminalizing the behavior is to deter, then we must have data that proves it works.
Whitley, for her part, said that “there is absolutely no way I would support a bill that has a misdemeanor in it.”
Some members proposed a graduated system of punishments, which would get more severe as violations continue. The panel could not agree on a way forward and the issue was pushed to the next meeting.
A second controversial question was whether or not adults could legally give marijuana to each other. The draft bill circulated Abbas allows it, but some members have said they are against it.
John Bryfonski said during the debate, “I am against Section B in its current form because it allows gifting.”
The panelists decided to revisit the topic later.
The commission also heard from two representatives of a testing laboratory who explained how and why marijuana should be screened to detect pesticides and heavy-metals, as well as a California pediatrician who is opposed to legalization.
The majority of commission members seemed to be in favor of testing cannabis products. However, they were interested in the cost and procedure comparisons when comparing the use third-party laboratories with the state. The list of adulterants that Canadian testing laboratories screen for was also welcomed.
The state’s medical cannabis regulators do not currently publish the list of contaminants New Hampshire testing laboratories can screen for. An official explained that this is because publishing the labs’ abilities could lead businesses into using other products that cannot be detected. The panel members requested the list and action levels of contaminants to be taken into account.
Lynn Silver was invited by Gov. Chris Sununu to come from California. Chris Sununu, (R). She said that she was once a supporter of legalization but has since become opposed to it after seeing what’s happening in California and other States.
Silver argued that cannabis was much more potent today than it used to be in previous generations, and this could increase the risk of adverse health effects. Silver said that the use of cannabis has been linked to car accidents and youth poisonings, among other things.
She said: “We now know that cannabis use can also be associated with increased suicidality and mood disorders, as well as car accidents, and possibly heart attacks, even though many consumers believe misleading industry messages that claim it’s a safe way to relieve stress.”
Silver recommended that the state limit the potency of cannabis, prohibit concentrated cannabis products, and avoid luring children with marijuana packaging or advertisements. She also recommended high taxes, similar to Washington State’s 37-percent cannabis tax, and a limit on retail outlets.
She warned, “Don’t be too enamored with the revenue projections of private operators.” If you create an industry which drives up consumption, and leads to more adverse events and serious outcomes, you will be essentially robbing Peter in order to pay Paul. You’ll spend $1 or $2 for every dollar you pay in taxes on psychiatric or rehab beds.
Silver also praised Sununu’s idea of state-run stores, an idea that was supported by the commission and the original approach it was created to study. She stated that Ontario, Canada which sells marijuana products through government-run shops, has better health outcomes as well as greater economic benefits than provinces who allow private retailers.
Silver said that New Hampshire should decriminalize small amounts of marijuana, which it already has done, rather than allow commercial sales. She also suggested taking steps to limit the risks associated with legalization, such as requiring plain packaging and graphic warning labels.
Silver’s remarks were appreciated by a third of members who are generally against legalizing marijuana.
Debra Naro is the executive director of Communities for Alcohol- and Drug-Free Youth. She said, “Your testimony was one of the strongest arguments I’ve ever heard against legalization.”
Joseph Mollica is the chair of the New Hampshire Liquor Commission. He told Silver, “a lot of your ideas are in line with what the state wants to do. It’s wonderful to hear this.”
The commission stated that it would be interested in hearing from someone who is from Ontario, Canada, and can provide insight into the approach taken by that province to state-run shops.
The study group, called the Commission to Study with the Purpose to Propose Legislation State-Controlled Sale of Cannabis and Cannabis Product, has been charged to generally examine the feasibility of state-run cannabis and to draft legislation that:
- Allows for the state to control access and distribution
- 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 commission made a clear statement in an earlier meeting held in September that it would be moving away from a state-run model. Members are instead seeking an alternative franchise-style model. Officials likened this model to McDonald’s and Dunkin’ Donuts. Adult-use shops will be for-profit, privately-owned businesses that are overseen by state government.
In the next legislative session, legislators could change or completely overhaul the proposed bill.
John Hunt, the chairman of the House Commerce and Consumer Affairs Committee (R) and a member on the commission, has worked on marijuana reform issues extensively this year. He tried to reach a consensus on legislation that would legalize marijuana through a system with multiple levels, including state-controlled shops and dual licensing for medical cannabis dispensaries already in place, as well as businesses licensed by state agencies to individuals.
was unable to reach a consensus on the complicated legislation after Sununu announced that he supported state-run legalization. The Senate , however, defeated HB 639 despite the bipartisan support.
The legalization study provisions in the underlying legislation of the commission that was signed into law by the governor would also remove the requirement that patients with 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 state to allow 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, 3 immature plants, and three mature plants for their own therapeutic use.
After the Senate rejected reform legislation in 2022 the House included legalization as an amendment to separate criminal-justice-related legislation, but this was also rejected in the opposing chamber.
This is the complete draft legislation which was discussed on Friday:
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The article New Hampshire Commission continues to make slow progress on draft marijuana legalization bill due next month first appeared on Marijuana Moment.
