The New Hampshire commission charged with preparing legislation for adult-use cannabis to be legalized through a state-run system of stores, heard testimony on Thursday from leaders of New Hampshire’s medical marijuana programs.
Michael Holt, the administrator of New Hampshire’s Therapeutic Cannabis Program and Patricia Tilley the director of state Health and Human Services Department Division of Public Health Services, gave the majority of the presentation. The two were invited to give their opinion on the regulation of medical marijuana in New Hampshire if the state also legalizes recreational sales for adults.
Holt described the current medical marijuana program in New Hampshire as “a maturing, but vulnerable program.” He noted that New Hampshire’s neighboring states have legalized medical marijuana and adult-use cannabis and prices can be much lower.
He told the panel that “we regulate a product and an industry which is affected by a rapidly developing recreational cannabis regional market, with a patchwork state regulations.” “We know that cannabis is more readily available and cheaper across the border, whether it’s for therapeutic or recreational purposes.”
He said that in most states where adult-use marijuana is legalized, patient registrations drop by 31 percent on average. He explained that there are many reasons for this, including “patients choosing to self-medicate; patients do not want to be listed on a state register; patients do not want to speak to their doctor regarding the program; they don’t want an application process or the fee associated with it. They don’t want a doctor visit.” Some patients can afford to buy more expensive recreational cannabis.
Holt asked: “If New Hampshire values its therapeutic program, how can it continue the program while allowing adult cannabis sales to be legalized?”
As the duo began what they described initially as a 30 minute presentation, the members of the panel interrupted almost immediately with questions. Holt and Tilley often replied that the answers were already included in their slideshow, but the members of the commission urged them on to go through it more quickly.
“If you don’t mind, in the interest of efficiency, I want to get to the meat of what we’re doing–what is the scope of this commission,” said Sen. Daryl Abbas, who chairs the Commission to Study for the Purpose of Proposing Laws, State-Controlled Sale of Cannabis, Cannabis Products and Cannabis Extracts.
Tilley stated that her department’s main priorities in relation to medical cannabis are: “We want a safe product. We want it accessible. “We want it to be affordable,” said she. We look to the commission as the one to set the tone.
They said they hope to be able to give their input to the draft legislation when it becomes available.
Abbas responded that he hoped the two health officials simply would dictate how to incorporate the two programs. Tilley replied, “It would be very helpful if you could just tell us how to integrate the two programs.” It would probably save us a whole day of hearings.
The 17 members of this commission have a mixed record on cannabis policy. Five members of the House and five members from the Senate are part of the body, along with a Governor’s Designee, and professionals who represent banking, health and law enforcement interests.
In August, the governor created the commission following an agreement reached by bipartisan legislators in both chambers in a conference panel to implement the incremental reform.
The panel will be tasked with evaluating the possible effects of cannabis legalization on New Hampshire, and recommending legislation to lawmakers by December 1. The bill would be taken up by lawmakers in the 2024 session.
Since holding its first meeting nearly a month back the commission has not released any draft legislation that would indicate where it is headed.
The members of the hearing agreed to begin their discussion with HB 1598. This was a bill Abbas had introduced when he served as a member of the House. Abbas, however, referred at the end to a separate measure that was reportedly prepared.
There is a draft here. “I’ll distribute that, but it’s not going be 1598,” said he, urging members to read the draft before the next panel meeting on October 19th.
Rebecca Whitley, a Democratic Senator from California, asked “Who did that draft?” Noting that there are other groups working on legislative language. I want to wait until a draft is released.
Abbas didn’t directly answer Whitley’s question. Instead, he replied, “This is a first draft. I’m certain there will be many edits.”
Abbas didn’t immediately respond to a request from Marijuana Moment for a copy the draft legislation.
Rep. Shaun Filiault, a member of the commission (D), complained that there was no common draft of the bill for panelists and those giving testimony to refer to. This led to confusion and disorganization.
Filiault stated, “We have now heard four hours worth of presentations by two agencies. We are operating in a vacuum that has led to a freewheeling debate about marijuana’s merits.” “Our goal is to introduce legislation.” We should work in the same way as most committees, which is to put on the table the proposed legislation and allow for comments.
Holt’s office listed many provisions that he believes are essential to include in a regulatory system. The list included creating a diverse cannabis board, launching an education campaign about responsible marijuana use and storage, independent testing labs, establishing universal cannabis labels, limiting serving sizes for adult-use products (but not medical products), and imposing advertising restrictions.
Holt suggested that medical products should be exempt from state taxes to prevent adult-use marijuana from overtaking medical marijuana. Holt also pointed out that the fees for medical cannabis cards can discourage patients from staying in the system. Holt added that the state may want to remove the current requirement that all medical dispensaries in the state be non-profit organizations.
The group is also studying the feasibility and support of a state-run marijuana model. Chris Sununu, the group has been given the specific task to look at the possibility drafting legislation which:
- 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
At their second meeting, held last month the members discussed an alternative plan to a state run plan. Instead, a private franchisee system would be licensed. The state would retain control over the marketing, packaging, and labeling of stores, as well as store design.
Joseph Mollica said at the meeting that “the model we are looking to implement, that we believe would be feasible, would be that the Liquor Commission will be the franchisor, and the franchisee will be the retailer.”
Holt stated that if the State adopted a franchising model, “patients must know they are going to the same dispensary that they have been visiting for the last seven years”, referring to the number of years that dispensaries in the State have been operating. This could mean that nonprofits would have to integrate some of their branding into franchised shops.
Members spent Thursday’s last meeting scrambling for a schedule with less than two weeks left until their legislation recommendation is due. They decided to have representatives of the office of state Attorney General John Formella (R) and medical dispensaries testify at their next meeting on October 19, which will be held by the panel. The public will have the opportunity to comment on October 24.
The next meetings will take place on November 3, 9, and 16. A final document is expected to be available for voting by November 28.
Matt Simon, director of public relations and government affairs at medical marijuana provider GraniteLeaf Cannabis told Marijuana Moment he was expecting to see Abbas’ draft measure soon. He said that Abbas invited them to send him an email and ask for it.
Simon pointed out that many of provisions discussed in the meeting on Thursday were already included in HB 639. This legalization measure was passed by the House this year. This was just one of many competing legalization plans that were proposed in the past.
In an interview, he stated that “all of our advocacy was consistent with trying create a market that is functional and serves New Hampshire well. It creates an atmosphere where businesses can prosper but do not control everything.” “We are looking for an upward trajectory.” We’re certain that if the state passes a law that excludes us, it will lead to a downward trajectory–either on the short or long term.”
(Disclosure – Simon supports Marijuana Moment via a Patreon monthly pledge.
John Hunt, the chairman of the House Commerce and Consumer Affairs Committee (R), and a member on the commission, have worked on marijuana reform issues extensively this year. They tried to reach a consensus on legislation that would legalize marijuana this year, 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 privately.
Hunt’s House panel reached a deadlock on the complex legislation that was being considered after Sununu announced his surprise support for state-run marijuana legalization. The Senate , despite bipartisan support, defeated the more conventional HB 649.
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 rejected in the opposing chamber.
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The post Tensions Flare at New Hampshire Hearing on Adult-Use Legalization Impact on Medical Marijuana Patients first appeared on Marijuana Moment.
