A New Hampshire legislative committee has approved several changes to a bill that would legalize marijuana for adult use in the state. The full House Commerce and Consumer Affairs Committee is set to vote on this amended bill on Wednesday.
The latest in a process that has lasted months to negotiate and adjust core provisions of legalization of cannabis as lawmakers try to reach consensus on a law to send to the Governor. Chris Sununu, R.
At Tuesday’s meeting of the subcommittee, Rep. Erica Layon said: “We are all working off the Governor’s list” of the things that would be required in a law. Sununu’s office distributed a list of prerequisites late last year. They included a maximum of 15 stores in the state, government control over retailers, and a prohibition on political donations and lobbying by licensees.
Layon stated that “reading through the Governor’s list he seemed very strong on the 15, while also being fairly strong that this whole thing is harm reduction and not profits.” “And to ensure that the illicit markets are a lot more attractive because unfortunately we have people dying in our state because they’re purchasing cannabis on the streets that’s contaminated with Fentanyl.”
The synthetic opioid fentanyl has been detected in other illicit drugs, but there is no reliable proof that marijuana is laced with it.
Sununu proposed a novel state-run store system last year, which was later revised by a state committee into a franchise. Layon and others are concerned that a franchise model, under which New Hampshire could control the look and feel of retail stores and their daily operations, would expose the state to legal liability.
Layon, who introduced HB1633 in early this year, has been working with the members of the State Commission–which did not reach a consensus on a December deadline last year–as also as senators who have dominated the discussion about legalization.
Rep. John Hunt, who chairs the House Committee, warned Layon at first that her proposal was doomed if it didn’t receive support from Senate counterparts.
Layon presented the changes that she had made following conversations with senators. She said, “I talked with some senators who are very involved in this and I also spoke to other senators to try to figure out how we can get our bill closer towards something that will receive broad support in Senate.”
Just minutes before the meeting, an amendment was circulated.
Layon explained that the bill in its amended form outlines a “highly-regulated and transparent process”, which is meant to increase consumer confidence in the regulated markets.
Layon has already removed from the franchise model which, she claims, would pose a significant legal risk to the state. The amendment addresses issues such as the licensing of medical marijuana operators and tax allocations. It also includes penalties for public smoking.
She said that a franchise model lacks the transparency we need to build public trust. “I think the public’s trust is most important when we create a system such as this.”
Existing medical marijuana businesses in New Hampshire, also known as alternative treatment centres, or ATCs would be able apply for adult use licenses, but not be automatically allowed to sell to adults. This is a departure from previous proposals in New Hampshire that would have permitted ATCs obtain dual-use licensing and sell both adult-use and medical products at retail stores.
Layon says ATCs will still have an advantage in applying for licenses due to their experience in the marijuana industry, but is not sure how much.
Layon explained that “it will be an extra little tally for them, because they have been here, done this market and provided access to our patient,” but it wouldn’t be the only factor.
The proposal’s punishment for people who smoke marijuana in public is a controversial one. The first two offenses will result in a civil fine. A third offense could be charged with a misdemeanor, and you may have to spend time in jail.
Some supporters of this approach claim that people who break the law three times or more are “almost deliberately trying to flout the laws at that point.”
Renters and visitors in New Hampshire will have to either consume other products, or risk legal penalties.
Devon Chaffee is the executive director of ACLU of New Hampshire. He urged legislators to remove the possible jail sentence from the proposed legislation.
She told the subcommittee that it “does not make any sense” to criminalize nonviolent activities that are not criminalized by the current marijuana legalization laws.
Chaffee noted that similar crimes, like smoking indoors, do not result in jail time. She said that there are many violations of law that could result in a fine, but that we don’t believe anyone should go to prison for.
Hunt responded by comparing smoking in public to drunken driving. He backed off that comparison when Chaffee, and the members of the panel themselves, pointed out that impaired driving was dealt with separately in the legalization bill.
Rep. Jared Sullivan, a member of the panel (D), expressed frustration with the state’s approach to legalization. He predicted that the restrictive nature of the state will make it more difficult for the future.
He said that it was unfortunate that so many people were afraid to leave the state. “We have to be restricted so that the illegal market doesn’t get wiped out, because we only have fifteen stores or a state-run system that opens the door for corruption.”
He said, “Those who are opposed to a more free-market approach on this matter should understand the implications of what I call stubbornness in this regard.” “I’ll swallow the bitter pill, and support this bill because I believe the benefits outweighs the costs. But I find it hard to swallow.”
Anita Burroughs, a Democratic Representative from the State of California, said that while the bill “is not 100 percent what anyone wants,” the state will be “taking a gamble” if it isn’t passed this year. This is because the elections are coming up later in the year.
“We don’t even know who will be the next governor.” “We don’t know which party will be the majority,” she stated. How many times will we have to repeat this process? It could take two, four, six, or eight years. It’s just like Groundhog’s Day.”
Rep. Lilli (R) Walsh, who voted against the proposal, argued that the bill could not change the fact marijuana remains illegal at the federal level.
Walsh added, “For that reason I will continue to vote no.” “And I love Groundhog Day.”
The amendment passed in subcommittee Tuesday makes adjustments to the way tax revenue is distributed. Layon is open to reducing, or even eliminating, the 15 percent that would be allocated to pension obligations. She noted that “apparently a lot people don’t like their pensions to be paid by pot.”
A further 10 percent will go to the community reinvestment funds, Layon explained, because “water and sewer access are one of the biggest limitations for new housing in the state.” An additional 10 percent will go to the substance abuse prevention treatment and recovery fund.
Each municipality that hosts retail stores, public safety agencies, mental health programs and drug recognition experts will receive 5 percent.
Layon explained that “this brings it back to what was already passed by Ways and Means in the past year”, so we can have a consistent view. It is as close as possible to what I discussed with Sen. Abbas, and Sen. Lang. However, it does not include the franchise model.
Abbas and Lang served as members of a state commission which studied the legalization of cannabis in late last year. The task was to recommend legislation for this shift. The members of the commission failed to reach a consensus on how to move forward with cannabis policy.
, in a report released late last year, stated that “the Commission ultimately voted to not recommend legislation for 2024 Session.” The Commission failed to reach consensus due to a number of unresolved problems.
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Hunt, who was also a member of the commission, spent a lot of time working on marijuana reform during last session. He tried to find a compromise for legalizing marijuana through a system with multiple levels, including state-controlled shops, double licensing for medical cannabis dispensaries, and private businesses licensed by state agencies.
lawmakers, however, reached an impasse over the complex legislation that was being considered after Sununu announced his surprise support for state-run legalization. The Senate , however, defeated HB 639 last year, despite bipartisan support.
In May, the House rejected a separate marijuana legalization bill that was proposed as part a Medicaid expansion measure.
The Senate 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 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.
The Commerce and Consumer Affairs Committee will be taking up the amended bill in full on Wednesday afternoon.
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Photo by Chris Wallis // Side Pocket Images.
The article New Hampshire Panel Approves Changes to Marijuana Legalization Bill Setting Up Full Committee vote on Wednesday first appeared on Marijuana Moment.
