Members of the New Hampshire Commission were visibly upset at a meeting on Thursday when they saw the slow progress made by the group in a draft bill that was circulated last month. The group’s chairman, Sen. Daryl Abbas, (R), had been the one who circulated the draft.
The panel members became combative over issues like penalties for public consumption, dual licenses of existing medical marijuana businesses, and even the handling of commission meetings. After two hours of sometimes heated debate, Sen. Rebecca Whitley, a Democratic senator, raised a motion of order, asking members to be “more respectful of our process and other members of the commission” — a criticism that led to an argument with Abbas about who interrupted whom.
Before the December 1 deadline, the 19-member Commission to Study With the Goal of Proposing Legalization and State Controlled Sales of Cannabis and Cannabis Products only has two meetings left to schedule. The proposed bill will be presented to the legislature in the session of 2024. Unanswered are a number of important questions.
The commission has so far spent three of its seven sessions trying to go through Abbas’s draft reference bill. He initially described it as a loose start for the final product. Currently, the body has 17 pages left of the 37-page document to review.
The next group meeting will be held on November 16. Members have decided to start an hour earlier to get more done. The meeting is expected to last from 9 am until mid-afternoon.
The panel was initially formed this summer in order to examine state-run retail, which is a model backed by Gov. Chris Sununu, (R). In September, members began to consider an alternative system that would allow the state to regulate and supervise the industry’s look, while private licensees handle the day-today retail sales and cultivation.
The new franchise system is not clear yet. Proponents likened it to McDonald’s and Dunkin’ Donuts. The commission has debated different approaches. For example, requiring ATCs obtain separate licenses for sales to adults or allowing licensed retailers to sell both adult and medical products after legalization.
This is one of several measures that the commission has not decided on yet. It will be discussed at a future meeting, or by lawmakers once the legislative sessions begin.
Abbas said to his colleagues during the latest meeting: “Nothing is final.” Remember, the proposal will go through multiple committees and changes once it reaches the legislature.
The most controversial topic discussed on Thursday was the punishment for people who smoke or vape cannabis in public. Some panelists felt that penalties should be harsh even for first-time offenders, but others warned against criminalizing public use.
Abbas called for a more severe penalty than the $500 civil offense included in his draft law. He suggested a misdemeanor punishment on second and subsequent offences, which could include jail terms. He said, “This isn’t something you will violate by accident.”
Rep. Tim Cahill, (R), also called for misdemeanor punishments. He said that the public use of marijuana was “crushing” Maine and Massachusetts.
“We want to have the ability to breathe in public.” He said that it was a God-given rights. “I understand that some people dislike the word, but I believe it is a God-given rights.”
Some members of the panel argued that criminal penalties do not stop public consumption.
Frank Knaack represents the ACLU in the commission. “I believe we are all of the same opinion that smoking is not good for you,” he said. The research shows that criminalizing such conduct is ineffective. It actually puts obstacles in the way of people.
Abbas said that there has to be a certain point where it is reasonable to charge someone for vaping or smoking in public. “I’m just asking you how many times somebody could violate this provision–intentionally smoke or vape cannabis in a public place–before you’re comfortable with it,” he said. “How many violations would you have to find before you’re comfortable with it becoming a Class B Misdemeanor?”
Knaack responded that Abbas’s questions was off the mark. He said that he was concerned about the public safety implications of criminalizing such conduct.
The commission couldn’t come to an agreement on the consequences of public consumption. Abbas stated that the issue would be likely taken up by lawmakers after the bill was formally presented.
The commission, in addition to deferring some issues until another day and striking some noteworthy sections from the bill draft, also rewrote some of the most important parts. The commission also struck some notable sections from the draft bill.
He said without elaborating, “My understanding is this could fall apart if the language remains in there.” The provision was scrapped by a vote of the members.
The committee removed another section which would have stated that the smell of pot alone is not sufficient to establish probable cause for a state law stop or search. Abbas stated that he did not think that the smell of alcohol was sufficient to establish probable cause under state law.
He said: “If the smell of alcohol does not constitute a probable reason to search, the same is true for cannabis.” “That is basically copying and pasting precedent.” “I don’t believe we need to put that in statute so we can remove that.”
The group also discussed the serving size for infused edibles, which was set at 5 milligrams THC. They also talked about a possible limit per se to determine driving under the influences based on THC levels in blood. Members wanted to know how THC levels are affected by the amount of cannabis consumed.
Abbas asked: “Let’s assume it’s five nanograms per milliliter.” How much would I need to consume?
John Bryfonski, a member of the New Hampshire Association of Chiefs of Police’s commission, replied: “That is the $64,000” question. I have no idea how much you or anyone in the room would spend.
A second issue that was discussed on Thursday was whether or not the New Hampshire Liquor Commission will oversee all licensees, or if it will co-regulate with the Department of Health and Human Services which runs the state’s therapeutic cannabis program. Others suggested creating a specialized advisory body.
Abbas said that home cultivation is a no-go in any legalization measures. “This is a deal-breaker for this bill.” “If it’s here, it would be better to just adjourn the session and call it quits,” he said.
During the final half-hour, some members seemed to lose their patience. After a series of tangents and questions to the guest speakers, as well as members of panel talking over each other, Sen. Rebecca Whitley addressed Abbas.
“Mr. “We need to take back control of how the members of this commission interact with each other,” she said.
Abbas responded, “Are you raising an issue of order?”
Whitley replied, “Yes, I have a point of Order.” Whitley said, “Yes, a point of order.”
Abbas cut her out. “You raised your point of Order.”
Whitley began his speech with “Yet another…
Abbas replied, “I understand.”
“No. Whitley repeated, “Senator, again.” We need to be respectful and let people finish what they are saying and then have people respond. The chair should take control. Again, please.”
John Hunt, a Republican member of the Commission, leaned in to his microphone at that moment. He said, “I’m sorry,” as if Whitley was addressing him.
Whitley clarified that Abbas’ comments were not directed solely at him as Abbas responded to Hunt.
Abbas shook the table and said, “You interrupted me!” “We won’t interrupt anyone anymore, including me.”
Whitley then added, “And I as well.”
Abbas retorted, “You interrupt again.”
The panel then began discussing its future schedule. Whitley seemed to criticize Abbas again for his handling of the process.
She said, “I don’t believe that going line-by-line is going to help us. We won’t have the time to do this.” “Maybe the chair would like to look at a more efficient process to get us where we need be.”
Abbas defended his commission’s progress by saying that he believed members were “coming up with a certain consensus.”
Whitley responded, “I believe there are a number of questions that remain open.”
Those who have followed the progress of the commission over the last few weeks may be disappointed.
Timothy Egan is the chair of the New Hampshire Cannabis Association’s (NHCANN) board of advisors. He said that, given the way things were shaping up, “I’m not sure that people would want to vote on the commission bill.”
Egan, an ex-member of the New Hampshire House said, “I am concerned that legislators who are looking to vote for legalization cannabis will look at this bill, and say, “That’s not how to do it.” “While this commission has good intentions, I am not sure they will be able pass this bill.”
Egan continued, “It takes a long time and I don’t believe that they take it seriously.” If they took it seriously, they would meet more often and have multiple hearings every week. They’re just letting things go slowly to avoid making changes they don’t want.
It’s become clear that many members of the commission have approached legalization with a certain amount of reluctance or even dissent. Egan noted that the members were more interested in hearing from groups that warned about the dangers to public health of legalization, than they were in hearing from regulators or members of industry with knowledge about how other adult use cannabis systems work.
Egan stated that the NHCANN was supposed to be involved in the review process under the statute which created the commission. Egan said that despite his repeated outreach efforts, nobody has listened to him or taken seriously the alternative legislation proposed by NHCANN.
He argued that the best way to make legislation is to reach consensus by listening to all voices and bringing them to the table. “I don’t believe there is a true consensus coming from this commission bill.”
Ari Pollack, an attorney representing the New Hampshire Coalition for Responsible Cannabis Regulation spoke before the commission started its Thursday debate. He described his client, which is “composed of a large beer distributor now serving the majority of New Hampshire,” as “a large beer and beverages distributors.”
They have modern, high-tech warehousing and professional drivers. They also have trucking fleet insurance. “They know what they are doing,” Pollack said.
He suggested the commission add an additional category of license for distributors who would be able transport marijuana between growers and retailers. He said that cultivators could continue to transport their products but alcohol distributors would offer an alternative method, which is operated by businesses who are familiar with the compliance issues surrounding controlled substances.
Joseph Mollica is the chair of the New Hampshire Liquor Commission. He said that Pollack’s suggestion was a “great idea”. The new language was not a problem for any of the members.
Egan cited the exchange as an instance of members of the commission relying on what they already know, rather than learning.
It allows him to say, “Great! Egan said Mollica’s department, which would oversee the regulation of legal marijuana, was a vendor “we understand”. “But these vendors are unknown, and they will not be very familiar with the transportation of marijuana. They load beer into a truck, and then they transport it. “This is like produce.”
The commission will hear from a representative of the New Hampshire State Treasury at its next meeting.
According to the legislation which created the study group commissions had been given the task of studying the feasibility and specifically writing legislation that:
- The state can control the distribution and access
- 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
Hunt, the commissioner who presided over the House Commerce and Consumer Affairs Committee in this session, worked on marijuana reform during the session and tried to reach a consensus to legalize through a system of multiple tiers that included state-controlled shops and dual licensing for medical cannabis dispensaries already operating.
Hunt’s House committee, however, came to a deadlock on the complex legislation that was being considered after Sununu made his surprise announcement about his support for state-run legalization. The Senate , however, defeated HB 639 despite 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 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 struck down by the other chamber.
The full legislation that is being discussed by the Commission:
White House says ‘nothing has changed’ with Biden’s marijuana stance as Ohio becomes the latest state to legalize
Photo by Philip Steffan.
The post New Hampshire Marijuana Legalization Commission Members Spar on Details Ahead of Looming Bill Deadline first appeared on Marijuana Moment.
