After hearing the testimony of four cannabis bills passed by the House, New Hampshire Senate Committee voted on Wednesday to vote to kill three measures. This included a Republican-led proposal for legalization and a plan that would allow state-registered patients to grow medical marijuana plants in their homes.
Another bill rejected by the Senate Judiciary Committee at a hearing on Tuesday would have allowed existing medical marijuana dispensaries—known in the state as alternative treatment centers (ATCs)—to buy nonintoxicating hemp cannabinoid products from commercial producers and, after lab testing, use them in products for patients.
Lawmakers voted 3–1 to designate each of the three bills as “inexpedient to legislate” (ITL), essentially recommending that they not proceed. All three bills are still moving to the Senate’s floor. At that point, the Senate can approve or reject them regardless of the recommendations made by the committee.
While the legalization bill—HB 75, from Rep. Kevin Verville (R)—was widely seen as unlikely to make it through the Senate, advocates said the committee’s recommended rejection of the two medical marijuana proposals from Rep. Wendy Thomas (D) underscores the body’s critical reception in general of cannabis-related legislation.
Matt Simon told MEDCAN24, “It seems that a handful of senators are just trying to kill all bills that deal with cannabis policies, regardless of how modest or non-controversial they may be.” This is unfortunate as support for the reform of cannabis policy has always been bipartisan.
Simon said he still hopes the Senate will advance at least the hemp-cannabinoids bill (HB 51) once it reaches its chamber’s floor.
(Disclosure: Simon supports MEDCAN24’s work via a monthly pledge on Patreon.)
The committee did not take action at its Tuesday meeting regarding the fourth marijuana bill, HB 196. It would have expanded the state’s process to annul past arrests, convictions, and charges relating to simple possession of marijuana.
Thomas’s medical cannabis homegrow legislation, HB53 would permit state-registered marijuana patients to cultivate their own cannabis. The bill allows for the cultivation of up to 12 seedlings, three mature plants, and three immature ones. The plants could be used to produce up to 8 ounces usable cannabis.
The state would require that growers keep their plants away from the public eye or unauthorised access. They would also need to report the cultivation to them. The landlord could prohibit this activity.
Thomas is the third legislator to introduce a similar measure. As a marijuana patient, she has done so three times.
Debra Altschiller, the only member of the committee to vote in favor of rejecting the bill, was touched by the public’s comments.
The patient testified last week at a committee hearing.
Altschiller believes homegrown marijuana would make medical marijuana more affordable for patients, and allow them to choose the cannabis varieties that best suit their individual needs.
Daryl Abbas said, “I see this proposal as a sneaky way to limit the possession of marijuana in California by patients.”
He said: “I have many concerns about this policy, but starting with eight ounces of marijuana is not a good idea.” “This really is to me just increasing the possess limit.”
Thomas’s HB 51 also failed to pass the Senate committee. It would have permitted ATCs, after laboratory testing, to purchase non-intoxicating cannabis cannabinoids from commercial markets. The bill’s supporters said that ATCs currently must grow their own cannabis, which is very expensive due to strict security requirements.
This activity will be regulated under the Department of Health and Human Services. This bill does not cover hemp-derived THC, but rather non-intoxicating cannabinoids like cannabidiol and cannabigerol.
Abbas stated at the hearing on Tuesday that, in his opinion, this bill allows for small quantities of synthetic THC. However last week proponents had denied that claim.
Abbas said, “If they are going to sell something it should be THC.”
After the vote on Tuesday, Thomas was contacted by the sponsor and expressed disappointment at the reaction of the committee to her proposal.
She wrote “I am so disappointed” in an email. “Both bills help therapeutic patients.” CBD and other hemp-derived cannabinoids already have legal status, so opposing their use by ATCs makes no sense.
Thomas stated that home-grown medical marijuana was “humane” and provides financial relief for patients who are paying high prices for their medication.
She said to MEDCAN24, “We will continue to press for these two bills.” Most people in NH are for legalizing cannabis. Restricting the therapeutic programs is backwards.
Verville’s bill 75, which would legalize marijuana for all adults over 21, will remove the state penalty for cannabis-related behavior. It would, however, not create a commercial licensed market, or any broader regulation, unlike legalization measures taken in other states.
This proposal does not include any limits to marijuana cultivation or possession. The proposal would exempt marijuana from state laws that prohibit illicit drug sales, without creating any kind of regulatory framework for the commercial industry.
Bill Gannon, the Republican chair of the Senate committee on the Bill before the vote described it as “trying jump the river but without building a bridge.”
“My thoughts were: no safety rails, no quality control if someone’s growing it in their yard, we’ll pay for any problems that are related to it, we’re going to increase poly-use—I’m not going to know what’s in those drugs when they’re out there,” he said. It’s so much more than we ever talked about before, without safety rails.
The bill would still prohibit minors from using marijuana. If found in possession or use of the substance by a person under 21, they would be charged with a crime. Anyone under 18 years old would also be sent for a substance abuse disorder screening. In addition, adults who smoke marijuana in public places would be charged with a crime.
Verville said to MEDCAN24 that the Senate Committee’s vote “once again failed to find its way” in support of any of the cannabis commercialization and legalization bills approved by the NH House of Representatives.
It was just a few days ago that Gov. Kelly Ayotte reiterated her opposition against legalization of cannabis in New Hampshire.
“I’ve been very clear on this,” Ayotte told reporters last Wednesday, the same day House lawmakers passed HB 198, a separate bill that would legalize the use and possession of marijuana by adults 21 and older. “I campaigned on this topic, and New Hampshire knows where I stand.” “I don’t endorse it.”
Verville stated that, “barring a miracle in the legislative realm, it seems that we will not see non-medical cannabis reforms until 2027 at least.” The fact that Ayotte is adamantly against any form of cannabis reform doesn’t do us much good.
He added that until there is a broader shift, New Hampshire residents will continue to deal with the black market or drive a few miles to neighboring states to buy legally available cannabis.
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.
Other cannabis products containing up to 2,000 mg of THC would be allowed to be owned by adults over 21. The retail sale of marijuana and home cultivation would continue to be illegal. Cannabis consumption on public land will also be illegal.
The proposal, from Rep. Jared Sullivan (D), cleared the chamber last week in a 208–125 vote.
Ayotte, who recently argued against cannabis legalization in a very direct manner, left the door wide open for modest cannabis reforms. She said she would review any bill brought to her attention, which could include the proposal for medical marijuana growing at home.
Other bills passed by New Hampshire House lawmakers last Wednesday would reduce penalties for the use and possession of psilocybin by adults and double the amount of medical cannabis that state-registered patients can purchase and possess.
Under the psilocybin plan—HB 528, from Verville—a first psilocybin offense for possession or use would be a violation, subject to a fine of $100 or less.
Second and subsequent psilocybin offences would, however, be classified as class B misdemeanors. These offenses could result in fines between $500 and $1,000 but no prison time. Fourth and subsequent offences would still be felonies.
As the law is currently written, sales and distribution are still prohibited. The reform will only affect “anyone 18 years or older” who purchases, obtains, transports or uses the drug.
As originally introduced, the legislation would have completely removed penalties around obtaining, purchasing, transporting, possessing or using psilocybin, effectively legalizing it on a noncommercial basis. However a House committee amended the bill before unanimously advancing it last month.
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. Infighting about how to set up the market ultimately led to its demise. 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.