The New Hampshire Senate narrowly approved the table of a marijuana legalization measure passed by the House on Thursday. This effectively ended this year’s renewed efforts to end cannabis prohibition.
The chamber voted 12–10 in favor of tabling the measure, HB 198, from Rep. Jared Sullivan (D). The House of Representatives passed the measure in March. However, the Senate Judiciary Committee then recommended that the proposal not be accepted.
The bill, if passed, would allow adults over 21 to possess and use marijuana for non-commercial purposes. Adults could have as much marijuana as they wanted, up to 2 ounces, up to 10 grams, and up to 2000 milligrams THC.
Unlike a bill considered by New Hampshire lawmakers last year—and unlike most other legal marijuana states—the proposal would not have established a regulated commercial market, system of taxation or lab-testing requirements.
Sullivan stated at a Senate Committee hearing held last month that his goal was to “stop arresting people”. “It’s 2025.” “Nearly half of the US states have legalized this.”
Before Thursday’s Senate vote, the bill was barely discussed.
Donavan Fenton said he thinks there is a “need to rectify the penalties associated with the possession of marijuana in small amounts” and believes that this reform will allow law enforcement agencies to concentrate on pressing matters.
Regina Birdsell, R-Senator and supporter of the motion for its initiation, stated that “we have debated marijuana to death” by lawmakers. She also stressed that Gov. Kelly Ayotte has stated that she would reject any legislation legalizing cannabis.
Ayotte reiterated in late March her opposition to the legalization of marijuana in Granite State. She told reporters, “I have been clear about this.” The people of New Hampshire already know what I think about this issue because “I ran for office on it.” “I don’t endorse it.”
A former U.S. senator and state attorney general, Ayotte said repeatedly on the campaign trail last year that she would oppose efforts at adult-use legalization.
Sullivan’s plan was a trimmed-down version a measure that lawmakers almost passed under the then-Gov. Chris Sununu (R), but it did not include that bill’s regulated commercial system—a controversial issue that ultimately derailed the earlier effort.
Sullivan said that last month most of the disputes were about how to sell a product. The bill does not touch on that.
Those opposed to the bill, such as law enforcement agencies, anti-drug organizations and Republicans in the Senate Committee, say that it would send a wrong message to kids and not ensure the safety of products.
Sen. Daryl Abbas, who supported marijuana legalization last year but is now firmly opposed to it this year, claimed in committee that supporters of the bill were calling the criminalization for possession of marijuana “an injustice.”
“All I’m hearing people say is that there was an injustice, which could have easily been rectified with the previous legislation,” said he. In this case he was referring to a legalization law passed last year. This is going to just be an open policy which allows for it to exist everywhere.
New Hampshire’s residents are strongly in favor of the new policy, according to a recent state poll. A Granite State Poll conducted by the University of New Hampshire’s States of Opinion Project late last month found that 70 percent of New Hampshire residents supported the policy change. This included majorities of Democrats and Republicans, as well as independents.
According to the survey, “generally speaking 70% of Granite Stater strongly support (49%) legalizing small amounts of cannabis for personal consumption in New Hampshire, or are at least somewhat supportive (20%). 9% of Granite Stater are neutral, or do not have an opinion. 21% of Granite Stater are either somewhat (7%), or strongly (15%) against, and less that 1% of Granite Stater are unsure.
The report added, “Support of legalization is up slightly since June 20,24 (65%), but remains higher than the mid-2010s.” Majorities of Democrats (84%), Independents (72%), as well as Republicans (55%), support the legalization of marijuana for personal consumption.
Karen O’Keefe said the Marijuana Policy Project’s state director, that “the New Hampshire Senate had let down its voters. 70% of them support legalizing possession of cannabis.”
She told MEDCAN24 that “at least until next summer, Live Free State is the only New England state where adult cannabis possession will be punished, making a mockery out of the motto.”
The Senate, in addition to presenting Sullivan’s HB 198 on Thursday, also deferred action on two reform bills related marijuana until the following week.
One—HB 190, from Rep. Heath Howard (D)—would increase the possession limit of medical marijuana by patients and caregivers, raising it to four ounces from the current two. The existing 10-day limits for patient purchases would be increased from 2 ounces to 4 ounces.
The other—HB 380, from Rep. Suzanne Vail (D)—would adjust penalties around sales of medical cannabis by state-registered patients or caregivers to people who are not enrolled in the state’s medical system.
Vail explained at an earlier hearing that “it eliminates the extra felony which carries with it a possible $300,000 fine or seven year prison sentence for someone who transfers their supply to another person who is not a patient or caregiver.”
The bill would not change the existing state laws that prohibit unlicensed sale of marijuana.
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Earlier this month, the Senate voted to table a separate cannabis legalization bill—HB 75, from Rep. Kevin Verville (R)—that would have removed state penalties around marijuana-related conduct for adults 21 and older. It would, however, not create a licensed market for marijuana or any broader regulation.
The proposal included no limits on marijuana possession or cultivation, and it would have carved out marijuana from the state’s laws against illicit drug sales—provisions even some reform advocates found too permissive.
The Senate tabled a bill to permit medical cannabis patients at home to grow their own plants and to allow dispensaries access to hemp-derived CBD on the market.
Ayotte has received a positive rating from 49 percent of residents of the Granite State, while only 38 percent were disapproving. The governor’s support was divided along party lines.
Report: “Nine-in-10 Republicans (89%), and 49% of Independents, approve Ayotte’s performances. But only 11% approve for Democrats.”
Only 1% of respondents said that Ayotte’s handling drug policy is the primary reason why they dislike her, while 0% of respondents stated it as their reason of approval.
Last legislative session, New Hampshire lawmakers nearly passed a bill that would have legalized and regulated marijuana for adults—a proposal that then-Gov. Chris Sununu, a Republican politician from New Hampshire, had said he would support the measure. This measure was ultimately defeated by a dispute over the way in which it would be run. House Democrats narrowly voted to table it at the last minute, taking issue with the proposal’s state-controlled franchise model, which would have given the state unprecedented sway over retail stores and consumer prices.
A poll from last June found that almost two thirds (65 percent) of New Hampshire residents supported legalizing marijuana. A similar number of New Hampshire residents (61%) also said that time they supported the failed marijuana legalization bill HB 1633.
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Philip Steffan provided the photo.
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