A conference committee in New Hampshire, which is working to reconcile the different versions of legislation passed by both the House and Senate during this legislative session, agreed on Wednesday to proceed with a plan that would reduce penalties for possession of psilocybin. Meanwhile, a panel separate rejected a proposal that allowed medical marijuana patients at home to grow their own cannabis.
Both proposals had support from House lawmakers, but—with the exception of the newly advancing psilocybin provision—the Senate has broadly stood in the way of drug reform measures.
In regards to psilocybin possession, a bipartisan conference committee has voted for a compromise version SB 14 that contains mandatory minimum sentences in relation to fentanyl and a lower punishment.
In its Senate version, the bill set out mandatory minimum penalties for some fentanyl crimes. But a House committee last month added language to reduce the penalty for psilocybin, making it a misdemeanor rather than a felony to possess up to 3/4 of an ounce of the psychedelic—at least on the first offense.
Daryl Abbas, a member of the Conference Committee (R), stressed that reforms would only apply to the first offenses of psilocybin.
At the hearing on Wednesday, he stated that “any subsequent offenses after the first will still be felonies.”
Abbas said that the punishment for first-time possession would be a misdemeanor without classification, which means prosecutors could charge it as a misdemeanor of Class A, Class B, or neither. The latter does not carry jail time.
The measure does not go as far as a separate standalone psilocybin decriminalization bill—HB 528, from Rep. Kevin Verville (R), which would have made a first offense a $100 violation—but it would still end the state’s felony law against simple possession.
Verville and other supporters of SB 14 have held hope that the Senate will adopt a more moderate approach to decriminalizing psilocybin after rejecting Verville’s proposal earlier in this session.
Verville, speaking at a conference committee hearing on Wednesday, said: “We aren’t decriminalizing any of it.” On the psilocybin front, what we do is a penalty reform on a first offence.
He said that psilocybin is “essentially nontoxic”, and that a person would have to consume more than 20 pounds to reach a fatal dose. The other thing about psilocybin, it is that is does not form a habit. It’s not addictive.”
Verville, after House approval of revised SB 14 earlier in the month, said that although he doesn’t like mandatory minimum sentences the proposed sentences around fentanyl were “fairly brief sentences for felony offenses,” and described the entire bill as “an outstanding trade which is to the greater advantage of New Hampshire citizens.”
Proposed fentanyl punishments would apply to manufacturing, transportation, or possession of fentanyl with intent to sell. The minimum mandatory prison term for those who are involved in activities that involve 20 grams or more is 3 1/2 years, and 50 grams or more will be at least 7 years.
It appeared briefly earlier this week that the conference committee was giving up the bill on fentanyl/psilocybin. On Monday, members declined to accept the compromise.
Bill Gannon, a Republican member of the committee, told the House members that the Senate’s position was “clear” on psilocybin earlier in the year. “We are not going agree to this part of the Bill,” he said. “I think it kills the deal for you guys.”
Gannon noted at the time that “I hate to waste your precious time” and acknowledged the efforts made by Rep. Terry Roy, R. in the creation of the fentanyl mandatory minimums legislation.
You know what?” Roy responded, “That is fine.” Then we’ll come back to it in the Fall.
However, since that hearing was held, the legislative leaders have replaced some of those members, and it appears this has accelerated a resolution.
SB 14 as revised will now be sent for review to the Senate and House of Representatives, before being potentially presented to Governor. Kelly Ayotte is a Republican.
As for home cultivation of medical marijuana by patients and caregivers, a separate conference committee that heard SB 118—which primarily deals with nursing homes in the state—voted earlier Wednesday to move forward with a version of the bill that does not contain the cannabis provision added by the House.
The House conferees discussed the issue and three of four have agreed to support the Senate’s position. [provision] Rep. Wayne MacDonald, a Republican member and Chair of the House Health and Human Services Committee and a panelist on the issue, said: “We should remove the SB 118 and keep the remainder of the bill in tact.”
—
MEDCAN24 has been tracking the hundreds of bills relating to cannabis, psychedelics or drug policies that have passed through state legislatures as well as Congress in this past year. Patreon subscribers who donate at least $25/month gain access to interactive maps, charts, and hearing schedules so that they do not miss anything.
Discover more about the marijuana bills tracker. Become a patron on Patreon and you will have access.
—
Rep. Laura Telerski – who was replaced by an older House member last week – expressed dissatisfaction at this move, and she said that she would request to be replaced in the conference committee.
She said that she was part of the committee in order to have a discussion about the House’s position on cannabis, including the home-grown therapeutic product. Home cultivation will increase accessibility for patients and lower costs. “Unfortunately I won’t be able support this agreement and will request to be replaced.
The conference committee accepted the amended proposal and reverted to the House compromise plan, minus the provision on cannabis growing at home. Both legislative chambers will have to approve the agreement.
SB 118 didn’t originally contain the cannabis language, but earlier in the session—following the Senate’s tabling of HB 53, a separate homegrow bill that senators had previously tabled—a House committee had amended the bill to add language from the standalone bill.
The Senate has not been very receptive to proposals for drug reform so far in this session. While a number of bills have cleared the House of Representatives—including a renewed effort to legalize adult-use marijuana—nearly all have gone on to die in the Senate.
Matt Simon, Director of Public and Government Relations at GraniteLeaf Cannabis’ medical marijuana provider, said to MEDCAN24 in a recent interview that the results were disappointing but not surprising.
Earlier in the year, Simon said it appeared “that a few senators just want to kill every bill that deals with cannabis policy, no matter how modest and non-controversial”—an observation that’s largely held true.
As for broader cannabis legalization, the Senate in early May narrowly voted to table a House-passed marijuana legalization bill, effectively ending this year’s effort to end cannabis prohibition in the “Live Free or Die” state.
The chamber voted 12–10 to table the measure, HB 198, from Rep. Jared Sullivan (D). It had previously passed the House of Representatives in March, but weeks later the Senate Judiciary Committee recommended the proposal be rejected.
If enacted, the bill would have legalized noncommercial possession and use of marijuana among adults 21 and older, permitting adults to have up to two ounces of marijuana flower, 10 grams of concentrate and up to 2,000 milligrams of THC in other cannabis products.
Sullivan’s proposal was a pared-down version of a legalization measure lawmakers nearly passed last year, under 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.
New Hampshire’s residents are strongly in favor of cannabis legalization, according to a recent state poll. In late April, a Granite State Poll, from the University of New Hampshire’s States of Opinion Project, found 70 percent support for the reform, including majorities of Democrats, Republicans and independents.
The report added, “Support of legalization is up slightly since 2024 (65%), but it remains higher than the middle-2010s.” “The majority of Democrats (84%), Republicans (55%) and independents (72%) support legalizing cannabis for personal use.”
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 had stated that he supported the bill. 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.
Trump’s VA Head Visits Psychedelics Research Center, Reiterating ‘Promise’ To Explore Benefits For Military Veterans
Kristie Gaianopulos provided the image element.
MEDCAN24 would not be possible without the support of readers. Please consider making a Patreon monthly pledge if you depend on our cannabis journalism for information.
