The sponsor of the House-passed marijuana bill in New Hampshire defends her proposal against bipartisan critics from the Senate who stated over the weekend they prefer a new approach which would establish a state-controlled, novel market.
Sens. Daryl Abbas and Cindy Rosenwald said, in a recent television interview with WMUR, that they would rather legalize marijuana through a state franchise model which is supported by Gov. Chris Sununu, R.
Abbas stated that “what was passed in House” he would not support if the Senate were to consider it.
Rep. Erica Layon, the Republican sponsor of HB1633, says that the franchise model that is being criticized by the HB 1633 sponsors is “fraught” with danger. She has argued for years that allowing the government to control cannabis retailers on a day-to-day basis would expose the state to significant legal liability, just as a ban on franchisee lobbying, which Sununu supports, would.
Marijuana Moment reported that Layon’s traditional licensing approach and strict advertising limits would protect public safety while minimizing legal risk.
Layon wrote in an email that “The Model which passed the House last Week represents a classy and controlled approach to legalization.” Our bill does not make the state a senior partner in market-controlling schemes to save the market itself. Instead, it places strong regulatory safeguards without involving the state in setting prices, wages and what franchisees are allowed to say.
In recent sessions, the House has passed numerous legalization bills. However, they have stalled repeatedly in the Senate.
According to Layon’s plan, the state will license private retailers more like other states. Abbas and others critics say legalization has not been successful in other states.
In the TV interview he stated, “They have just rebranded the retail store model and we’ve seen this fail in every state that has done this.”
Abbas explained that under the franchise model “the state is really in partnership with the franchisee, acting as a franchiser.” It protects the market so that a large company or larger operation cannot oversaturate it and manipulate the price of the product, which would cause smaller businesses to fail. We’ve seen it time and again.
Abbas led last year a state panel tasked with examining legalization and recommending a way forward. However, the group failed to reach a consensus or produce final legislation .
Many observers thought Abbas would introduce his own legalization measure this session. However, no such measure was presented. Layon’s legislation is likely to be the vehicle for reform in this session, at least if the bill can pass the Senate.
Layon responded to Abbas’s criticism in comments made on Marijuana Moment.
She said that “fans of the franchise model refer to it as a retread of other States,” but this couldn’t have been further from the truth.
While many states have independent cannabis regulators in place, HB 1633 will have the state Liquor Commission “highly engaged” in regulating the industry. The limits on cultivation and licensing are intended to keep a “local focus” and “foster small businesses,” Layon explained.
She added, “It also eliminates advertising, establishes consistent names, logos and store exteriors to present a sophisticated cannabis model in a maturing marketplace.”
She has spent the last few weeks arguing for her bill and trying to reach a consensus with Senate colleagues.
However, the new WMUR Interview is a sign some Senate factions don’t agree. Rosenwald agreed with the notion that “more control by the state is probably better for this program.”
It will be better in terms of pricing, product quality and location. “I just think that it’s probably a better way to do,” she said.
Rosenwald said that she is “more a fan” of the franchise-model than the “state-store model” because a government run approach would leave it up to the state to build new stores and hire employees.
She said that the franchise model was the best compromise and consensus.
Layon reiterated, however, that HB 1633 was “the right model for New Hampshire legalization, addressing core goals outlined in the corner office, and avoiding concern about franchisees lobbying by creating a tight-regulated market instead of a fiduciary relation between the state, and for profit businesses.”
After the House passed the measure last week, it will now be sent to its Finance Committee. It will then return to the floor to vote one final time before going to the Senate.
has approved the current version of Layon’s bill as a replacement by the Commerce and Consumer Affairs Committee this month.
The first time the bill was brought before the panel, John Hunt, a Republican member of the study commission from last year, warned Layon to get the support of senators or the proposal would die on arrival.
Anita Burroughs, a Democratic Representative, wrote in a majority report to the House Committee that the Bill will initially open 15 retail stores. However, additional licenses may be granted later. The report also states that it would impose strict limitations on sales and products, focusing on the transition to a legal market.
The report states that “many years of hard work has led to this effort. It focuses the State of NH’s efforts on harm reduction and not profits and allows it to control access and distribution through state laws and administrative rules as well as local control.” The legalization of marijuana will shift production and sales away from the illegal, often dangerous market and into legal businesses. This will allow for regulation and control.
Burroughs stated before the committee vote this month that the bill “is not 100 percent what anyone wants.” However, she warned the state that it would be “a crapshoot” if the bill was not passed this year due to the November election.
In contrast to most states, all general advertising, including billboards, social media, and other forms of mass communication, would be outright banned. Layon said that advertisements on marijuana-specific platforms such as Weedmaps would be permitted to help consumers find stores.
Companies would not be allowed to use slang or promote excessive consumption of marijuana, such as by using a logo that shows someone with bloodshot eyeballs. Regulators could also limit the names of businesses and other marketing.
The plan allows for a limited number of vaporizers, but also allows for regulators to ban “types” that are more likely to be used by minors, without detection.
Layon’s plan would also allow people to request that their criminal records be wiped clean if they were charged with possession of less than the legal limit after the changes. She said in an earlier statement that she has been talking with ACLU officials about the issue.
Rep. Lilli (R) Walsh, a Republican member of the committee who opposed the bill, wrote in a minority report that “the proposal is still not ready or appropriate for citizens of New Hampshire.”
The report states that “introducing drastic cultural changes, increased healthcare costs and significant social impact is not in state’s best interest.” The report states that “additionally, there is no clear answer to the question of whether or not the state’s actions would conflict with federal laws, specifically in relation to the sale and distribution a federally-controlled substance.”
Some voices from outside the bill have also criticised certain elements. ACLU of New Hampshire Executive director Devon Chaffee stated in committee that she is opposed to how the new changes would penalize public use of marijuana.
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Last session, lawmakers worked on marijuana reform and tried to find a compromise. They wanted to legalize the drug through a system with multiple levels. This would include state controlled shops, dual licensing of existing medical cannabis dispensaries, and private businesses licensed by state agencies.
The legislature ultimately hit a deadlock on the complicated legislation that was being considered after Sununu’s surprise announcement of his support for state-run legalization.
Last year, the Senate also defeated HB 639 despite bipartisan support.
The House defeated separately in May a separate marijuana legalization bill that was proposed as part a Medicaid expansion measure. In May, the Senate moved to introduce another piece of legislation 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 bills in 2022 the House included legalization as an amendment to separate criminal-justice-related legislation – but this was also struck down by the opposite chamber .
Congresswoman Tells DEA to ‘Reject any Argument’ that Marijuana Reclassification Would Violate International Treaties
Photo by Philip Steffan.
The article New Hampshire Senate and House Lawmakers clash over Marijuana Legalization Bill first appeared on Marijuana Moment.
