At a Tuesday hearing, the New Hampshire Senate Judiciary Committee recommended that several drug policy reforms be killed. These included measures that would have legalized simple marijuana possession for adults, increased medical cannabis limits, and allowed harm reduction groups use strips of drugs to test substances.
Members of the panel voted 3–2 along party lines to designate all three proposals inexpedient to legislate, recommending that the full Senate reject them.
The committee also took testimony on three other drug-related bills—including measures that would decriminalize possession of psilocybin, allow greenhouse cultivation by existing medical marijuana businesses and lessen penalties for state-registered patients who illegally sell their marijuana—but did not act on those proposals.
All of the drug legislation heard on Tuesday has been approved by House legislators. Regardless of any recommendations made by the Judiciary Committee, the entire Senate will consider all measures.
HB 198 was one of the most ambitious bills that the committee rejected. It came from Rep. Jared Sullivan. This bill legalizes the noncommercial use and possession of marijuana by adults aged 21 or older.
Sullivan said to the committee, “My aim here is stop arresting people.” “It’s 2025.” “Nearly half of the US states have legalized this.”
Driving under the influence would still be illegal.
Sullivan said the proposal was based largely on a legalization measure lawmakers nearly passed last year but without that bill’s regulated commercial system—a controversial issue that ultimately derailed the earlier effort.
The sponsor stated that “most of the differences” are about how to sell the product. This bill won’t affect that at all.
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, (R), complained about the supporters of the bill who called the criminalization for simple possession of marijuana “an injustice.”
He told his colleagues: “All I hear is people talking about an injustice which I feel personally could have been solved with previous legislation.” The apparent reference was to the legalization bill of last year. This is going to just be an open policy which allows for it to exist everywhere.
When you hear a testimony of an injustice, he said again “that injustice was resolvable.”
Bill Gannon said, “For me it has always been our youth.” The message is wrong.
Gannon also said that the drivers of this state strategically combine drugs to avoid drug testing.
There are many people who know about them [can] After three drinks of alcohol, you will start to use marijuana,” said he.
Another bill the committee recommended abandoning—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.
Howard said to the panel that the number of dispensaries is very low in New Hampshire. People from the northern part of New Hampshire are forced to travel hours just to get medicine at one of New Hampshire’s 10 alternative treatment center (ATC) licensed centers.
It’s all about making sure people can get their medicine, reducing the number of dispensaries they have to visit each month, and allowing them to buy the exact amount they require. Howard is himself a registered medical marijuana patient.
Jerry Knirk said the long trip to collect medical marijuana is “particularly bothersome” to older patients and people suffering from severe back pain.
Knirk noted that Granite State residents can fill several months worth of prescriptions ahead to reduce trips to their nearest pharmacy from more rural locations.
Gannon for his part said the regulatory system surrounding weight limits is “broken”, as it doesn’t account for potency or the amount of total THC contained in the products.
Despite the protests of two Democrats, the GOP members voted HB 190 down as a bill that is not feasible to pass.
Why can’t people easily get what they know is legal here in this state? Sen. Debra Altschiller (D) asked.
HB 226, by Rep. Jodi (D), was also a bill the committee deemed unsuitable for legislation. That measure would not affect state law around drugs themselves but would instead specify that certain drug testing equipment—strips that screen for the presence of individual substances—would not be considered illegal paraphernalia when used by authorized organizations for harm reduction purposes.
Supporters said that the change would enable groups to test for harmful additives in drug supplies, such as fentanyl, and to conduct legal tests for these substances.
A law enforcement representative was critical of the proposal, however, noting that the change wouldn’t necessarily lead more people into drug treatment or recovery and could create confusion around the legal transportation of drug testing strips to harm reduction organizations themselves—an issue the legislation doesn’t cover.
Abbas said that this change could have unwanted consequences. For example, drug dealers would be able to determine more accurately how to dilute illicit products by using drug testing strips. The bill, he said, “allows someone illegally selling drugs to determine if they wish to dilute their products and reduce the potency but increase what they already have.”
“This is a great way to facilitate it,” said he. If you see someone wearing that device right now, that would indicate that person is committing some criminal act.
Tara Reardon of the Democratic Party pushed back on Abbas’s statement, noting drug-checking strip would be only legal for harm-reduction organizations registered by state. Abbas, however, responded there were “too few pitfalls” with this proposal.
The Judiciary Committee took additional testimony, but didn’t act on any of the three other drug-related bills.
Rep. Kevin Verville’s (R), HB528 decriminalizes psilocybin. According to the plan, first-time psilocybin offenders would receive a $100 fine or lesser for a violation.
The second and third offenses are class B misdemeanors. They carry fines up to $1,000 and $500 respectively. However, there is no jail term. Fourth and subsequent offenses will still be classified as felonies. Sale and distribution will remain illegal.
As initially introduced, the bill would have eliminated all penalties surrounding adults over 18 years of age obtaining, buying, transporting, possesing or using Psilocybin. This effectively made it legal on a not-for-profit basis. The bill was amended by a House panel before being unanimously approved last month.
Verville acknowledged that removing all penalties for simple possession—or around other psychedelic substances, such as mescaline or LSD—was “clearly a bridge too far” for state lawmakers, but he urged them to step down what’s now a felony offense around psilocybin.
He said, “My weak point is to make someone a felon if they commit a psilocybin offense for the first time.”
HB 528 is opposed by law enforcement in general.
Psilocybin falls under Schedule I. Bill Bright from the New Hampshire State Police called it a psychedelic. The highs people experience from psilocybin and psychedelics are unpredictable. [make it] “It is dangerous to legalize.”
Driving under the influence will become a problem. “Youth use is increasing,” said he. Who knows what other things could be at play in a situation like that?
According to him, the claim that psilocybin can be used as medicine is “not approved by the [Food and Drug Administration] “I’m not aware of any other medical boards that are approved.”
HB 301 by Rep. Suzanne Vail would permit medical marijuana growers to set up a second cultivation site, even in a green house. ATCs are currently only allowed to grow marijuana indoors. Greenhouse cultivation is prohibited.
Last year the state passed a bill similar to Vail’s, which was then vetoed. Chris Sununu and legislators failed to override Sununu’s veto.
Vail said at the hearing, “Cannabis cultivation is done in enclosed houses. One for every ATC.” The artificial lighting and temperature control systems that are used to do this consume a large amount of energy.
An earlier study found that switching from indoor to outdoors grows could reduce carbon emissions up to 76 percent. In a separate research conducted in the past year, it was found that outdoor-grown marijuana can produce 50 times less greenhouse gases than indoor cannabis.
Jerry Knirk of the Therapeutic Cannabis Medical Oversight Board told lawmakers that the ATCs could produce more medical marijuana for a lower cost.
Abbas, on the other hand, was sceptical, and repeatedly asked speakers to provide more information or data modeling about how this change will affect prices for patients.
The committee considered HB 380 from Vail as well, which aimed to adjust the penalties surrounding sales of medical marijuana by people who were not qualified patients or caregivers.
The sponsor said: “It removes an additional felony which carries with it a possible $300,000 fine or seven year prison term for a person who transfers their supplies to someone else who is not a fellow patient or caregiver.”
Knirk, the director of the Therapeutic Cannabis Medical Oversight Board in the state said that the penalties currently in place are unnecessary. A patient could face charges of criminal offenses and lose registration with the state even without a felony.
The point was that, even if someone sold marijuana and they were a medical cannabis patient, the certification would be revoked, he explained, adding, “and then you will face all of the penalties of a nonpatient.”
Supporters said that the restrictions made sense back when New Hampshire legalized medical cannabis and the policymakers worried about the diversion of cannabis to the illegal recreational market. Residents can now legally get cannabis just by traveling to a nearby state.
Knirk stated that “someone would need to be examined by a doctor before they could buy therapeutic cannabis and then sell it recreationally to someone else.” [that person] You could get it for far less.”
At the Tuesday hearing, an official from Smart Approaches to Marijuana, which is a drug prohibition organization opposed each of the six measures. The representative claimed that at one stage “You can find out more about it here. The following are some examples of how to use The following are some of the ways to get in touch with us. You can find out more about this by clicking here. You can also find out more about us here. You can also find out more about the people who work at Use The following are some of the ways to get in touch with us: Legalize You can find out more about this by clicking here. You can also check out our other blog posts. Based You can also find out more about the following: facts, The following are some examples of how to get started: they’re You can also check out our other blog posts. Based You can also find out more about the following: The following are some of the ways to get in touch with us. data.“
Gannon said the panel could return next week to vote on remaining bills.
Earlier this month, the same Senate committee voted to recommend killing three other cannabis-related measures, including a Republican-led legalization proposal and a plan to let state-registered medical marijuana patients grow plants at home.
They also rejected another proposal that would allow ATCs the ability to buy hemp-cannabinoid nonintoxicant products from commercial producers, and after laboratory testing use them in own products.
All bills will be sent to the Senate’s floor where the entire body can approve or reject them, regardless of the recommendations made by the committee. Some supporters are hopeful that the Senate, at the very least, will pass the hemp cannabinoids legislation, HB51, when it reaches its chamber’s floor.
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Governor Kelly Ayotte (R) reiterated her opposition to legalization in the Granite State just days before his earlier hearing. Kelly Ayotte reiterated her opposition against legalization of marijuana in New Hampshire.
Ayotte informed reporters that she had been “very clear” on the issue. The people of New Hampshire already know my position on the issue. I do not support 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.
Ayotte has left open the possibility of modest reforms to cannabis despite her recent statements that she is against legalization. She informed reporters that she intended to review all bills which come before her.
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.
A poll from last June found that almost two thirds (65 percent) of New Hampshire residents supported legalizing marijuana. Nearly the same number (61%) of residents said they supported HB1633, the failed legalization measure from last session.
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Kristie Gaianopulos provided the image element.
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