New Hampshire Senators Reject House Passed Marijuana Bills in Committee, but Floor Votes are Still Planned

The New Hampshire Senate Committee has rejected two bills passed by the House to legalize marijuana, as well as a bill to allow medical cannabis users to grow their plants. Despite the procedural loss, the bills will still be brought to the floor.

The House Republican sponsoring the legalization bill has indicated that he is prepared to block unrelated Senate bills if the other chamber fails to pass the reform.

In a 3-2 vote, the Senate Judiciary Committee rejected the House Majority and Minority Leaders’ legalization and regulatory measure. They deemed it “inefficient to legislate”. A non-commercial bill of legalization and a proposal allowing home cultivation by cannabis patients suffered the same fate.

The panel discussed the proposals at an earlier hearing scheduled by the panel on the cannabis holiday, 4/20 , last month.

Sen. Rebecca Whitley, a Democrat from New Hampshire, voted against ITL’s motion to pass the comprehensive legalization legislation. She said constituents had “made it very clear” that they wanted to see the end of marijuana prohibition and legalize the drug in a regulated manner.

“New Hampshire is an Island of prohibition. This means that money is spent outside our borders.” She said that this bill was a chance to seize those dollars. “I don’t think it is a good idea to ITL the bill. I had hoped we could at least discuss it.”

The advocates have been closely monitoring the legislation and hoping that the GOP-controlled Senate would take a new approach after rejected two legalization proposals passed by the House during the last session. The bill, which was rejected by the committee on Tuesday, is still technically alive. It will be brought to the floor as soon as Thursday. However, senators have already indicated that it has a dim future.

Osborne, House majority leader and sponsor, issued a not so subtle threat on Monday to the Senate, telling the chamber to stop “kicking the can down to the road.” He also pointed out that there are “a lot of Senate Bills in the House at the moment, and it would be a shame to see them go away.”

Majority Leader @Osborne4NH discusses the precarious future of the House Cannabis Legalization Bill now in @TheNHSenate. “… “There are many Senate bills that are in the House’s possession right now and it would be a pity if they were to lose them.” #NHPolitics #WMUR pic.twitter.com/6ivDfYv4yb

Adam Sexton 8 May 2023 HTML0

Senate President Jeb Bradley (R) for his part has said that he would oppose the bill and predicted that the legislation would fail.

The House approved commercial legalization measure that was stalled in committee has a different model than the previous measures. It proposes a more traditional regulated private market compared to state-run or non-commercial bills which failed during last session.

Advocates were also more optimistic in this session due to changes in the Senate composition after last year’s elections, which they hoped would tilt the scales in favor of legalization.

Sen. Keith Murphy, a Republican senator who is a co-sponsor for the reform bill said recently that the measure has a 50-50 shot of passing this session. HB 639 passed the House last month with over two-thirds.

This is what HB639 would achieve:

Adults aged 21 or older can purchase, possess, and give away up to 4 ounces cannabis.

The newly renamed Liquor and Cannabis Commission will be responsible for the regulation of the marijuana market and granting business licenses.

The number of marijuana businesses licensed in the state would not be capped.

The state Department of Health and Human Services and the commission must develop regulations within 18 months of enactment to allow existing medical cannabis dispensaries apply for dual licensing to begin serving adult consumers.

Wholesale cannabis products would be subject to a tax of 12.5% of the final value of the product.

After covering the costs associated with legalization, $100,000 in revenue will be used to fund data collection on the health effects of cannabis prohibition and cannabis regulation.

The remaining funds would then be distributed to towns and cities to offset education taxes, 30 percent to the New Hampshire Retirement System to offset its unfunded accrued liabilities, 10 percent (or $25 million, whichever is lower) to fund substance abuse programs, 5 % to hire and train experts in drug recognition, and 5 % to support the behavioral health services for children.

Localities can limit or prohibit marijuana businesses in their area.

State or local government employees who use marijuana on the job would have employment protections. Cannabis use could not be used to deny or withdraw professional and occupational licenses.

Marijuana businesses can deduct their business expenses when filing taxes with the state.

No provisions exist to allow cannabis cultivation at home or to annul previous convictions.

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The committee rejected a bill that would have allowed medical marijuana patients to cultivate their own plants. The measure allows patients and designated caregivers up to three mature, three immature and 12 seedling plants.

On Tuesday, a House-passed bill on legalization that contained almost no restrictions or regulations on cannabis also was deemed ITL.

Gov. Chris Sununu, the Republican who was reelected in 2016, remains against legalization. However, his recent comments seem to indicate a softening. He stated in a debate that reform was “possible” but added that states should “be patient with how they do it.”

After the Senate rejected the two reform bills that were introduced last year, the House added legalization language to separate criminal justice legislation. But this was also rejected by the other chamber.