Members of a New Hampshire Senate committee on Tuesday heard testimony on a series of House-passed bills regarding marijuana—from allowing medical patients to grow cannabis at home to full-blown, unregulated legalization—but opted not to take immediate action on any of the legislation.
This hearing is scheduled ahead of the expected House floor vote on further drug reforms later in this week. These include a separate proposal for legalization and a decriminalization plan.
The Senate Judiciary Committee heard four cannabis-related bills, two of which were from Rep. Wendy Thomas, (D), relating to homegrow and medical dispensaries, another was from Rep. Jonah Wheeler, (D), to simplify the process in the state for the annulment of past cannabis offenses, and a fourth from Rep. Kevin Verville, (R), that would allow adults over 21 to purchase marijuana and not regulate its sale.
Thomas’s HB 51 would allow the New Hampshire’s existing medical marijuana dispensaries—known in the state as alternative treatment centers (ATCs)—to buy nonintoxicating cannabinoid products from commercial producers and, after lab testing, use them in products sold to state-registered patients. The Department of Health and Human Services would regulate this activity.
It is important to note that the bill will not cover hemp-derived THC. Only non-intoxicating cannabinoids are covered. The examples given included cannabidiol(CBD)and cannabigerol(CBG).
Thomas, a senator at the hearing, said that the current law requires ATCs to produce their own cannabinoids. This made sense back in 2013 when the original law passed, but hemp is now federally legal and there are several legal sources of CBD and non-intoxicating Cannabinoids.
She stated that the new policy would enable ATCs produce some products at a “less costly price, which will result in this product becoming more affordable for New Hampshire’s patients.”
Jerry Knirk of the Therapeutic Cannabis Medical Oversight Board spoke to support the proposal. The chair told the panel that ATCs are already selling many products high in CBD but low in THC.
The high costs of THC-rich plants make it impossible to grow enough CBD or other nonintoxicating compounds.
Knirk continued, “since industrial hemp is grown out in fields, it can provide a good source of CBD and non-intoxicating cannabis cannabinoids.”
Matt Simon, Director of Public and Government Relations at GraniteLeaf Cannabis (a medical marijuana provider), told legislators that the “costs are extremely high” when growing indoors under intense lights.
“Meanwhile these products are legal and readily available,” said he.
Simon also stressed that although hemp CBD products are federally legal, they tend to be unregulated.
“If the products have been tested in a lab, this was done voluntarily. Nobody checks these labels to verify that they’re accurate,” said he. According to HB51, we would sell products containing lab-tested hemp-derived cannabinoids that are non-intoxicating. Our belief is that we could lower the prices of those products. This would be good for patients, medical professionals, and New Hampshire.
Pat Sullivan said that the New Hampshire Association of Chiefs of Police opposes this bill, citing legal concerns about the interstate distribution of cannabinoids.
He said: “We are concerned about transportation across states, and believe that this is just an expansion of marijuana legalization efforts.” “And with that, I will leave it.”
In answer to a legislator’s question about which part of the plan is illegal, Sullivan replied that “it talks about the manufacturing of cannabis concentrate and products infused with cannabis.”
Thomas’s HB53 bill would also allow registered state medical marijuana users and their caregivers to cultivate cannabis at home. Qualified individuals can grow three mature and three immature plant types, along with 12 seedlings. The qualified individuals could possess as much cannabis, up to 8 ounces from these plants.
The state would require that growers keep their plants away from the public eye or unauthorised access. Renters could also ban cultivation on rented properties.
Thomas is the third lawmaker to introduce a bill like this. A medical marijuana user herself, Thomas introduced it three times in her career as a politician.
She told the panel that House Bill 53 allows low-income, homebound or immobile patients to get their medical cannabis or receive help to do so. There are only seven dispensaries in the entire state and many patients lack transportation or vehicles.
She noted neighboring Connecticut, Maine Massachusetts Rhode Island and Vermont allow home-grown plants. The Therapeutic Cannabis Medical Oversight Board, she said, “voted unanimously in support of this legislation.” The bill is viewed as a way for patients to receive therapeutic cannabis at a low cost.
Critics such as Sullivan, from the Association of Chiefs of Police, and a member of the advocacy group Smart Approaches to Marijuana, (SAM), opposed this measure. They claimed that the legislation did not provide adequate oversight of the patients and caregivers.
Knirk is the chair of the Therapeutic Cannabis Medical Oversight Board. He rebutted the claims made by critics. For example, Sullivan claimed that caregivers can charge up to $2,000 per hour for their services.
Knirk noted the bill caps reimbursable costs by a caregiver at $500—meaning for things like materials and electricity—but that labor itself would be “a labor of love.”
“You may ask them for up to 500 dollars in compensation from you, if they are unhappy with your services,” said he. “This does not mean you are allowed to add on labor at $2,000 an hour on top.” This isn’t what it says.”
Knirk denies that the cannabis industry is not regulated. The law prohibits anyone else from selling marijuana other than ATCs licensed by state.
The sale of marijuana is already covered in law, he explained. It’s already in statute, so we don’t really need it to be included.
Simon noted that he had lobbied legislators in New England on cannabis-related issues. He described the home cultivation of patients by panelists as “the most controversial aspect” of legalizing cannabis or medical cannabis policies.
The New Hampshire Attorney General said: “I would like to make it clear that the cultivation of cannabis at home is now a criminal offense in New Hampshire.” Growing more than an ounce of marijuana can lead to arrest and jail.
“Our Patients feel strongly that their should be free cultivate like the counterparts of every New England State are capable,” he stated. “They are mad because they can’t grow it here. They sometimes yell. We’re standing up for them.”
(Disclosure – Simon contributes to MEDCAN24 via a Patreon monthly pledge.
On Tuesday, HB 196 was a third bill that would extend the annulment of arrests and previous convictions in relation to simple possession of marijuana.
Wheeler said that at present, people are required to pay $300 in order to obtain a cancellation request. The bill would allow for people to request an annulment, without paying the steep $300.
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The law would allow for the cancellation of offenses if you possess up to 2 ounces and 5 grams of cannabis or any amount that New Hampshire allows adults over 21 to have.
He explained that New Hampshire residents with cannabis convictions are often denied employment, military service and loans. You are not allowed to move forward and improve yourself because of a teenage mistake.
Wheeler noted at the public hearing that originally the bill had made the annulment of the contract automatic. Wheeler pointed out that the original bill would have made annulment automatic.He said that the original bill “wouldn’t have been burdensome to the Department of Justice staff and the Department of Justice itself”, he added.
The majority of law enforcement agencies opposed the changes. A representative of the Association of Chiefs of Police stated that they were “concerned” about the possibility of this change occurring every two years.
This measure can also lead to confusion when the plea deal does not state the exact amount of marijuana involved, said he, adding that under current law petitioners must prove that it was less than a specified threshold.
The last bill, HB75, heard in the Senate on Tuesday would have removed state sanctions for adult cannabis users over 21. The bill would not set up a commercial licensed market nor a more comprehensive regulatory system, as other legalization initiatives have done in some states.
This proposal does not include any limits to marijuana cultivation or possession. The proposal would exempt marijuana, despite the lack of any regulatory framework for commercial businesses.
Under the new bill, minors will still be prohibited from using marijuana. Under 21s would commit a criminal offense if they were found to possess or use the substance. Anyone younger than 18 will be subjected to an assessment for addiction disorders. In addition, adults who smoke marijuana in public places would be guilty of violating the law.
Verville did not attend the hearing.
Verville’s legalization bill will still be sent to New Hampshire Governor. Kelly Ayotte, a Republican member of Congress has indicated that she will veto legalization proposals. 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.
Hearings are being held as the House of Representatives is preparing to vote on separate legislation relating to drug reform this week.
Verville has proposed HB528 to decriminalize possession and usage of psilocybin. The legislation, which was passed earlier this month by the House Committee, imposes penalties that are significantly less severe than those imposed under the current state law.
According to the amendment, first-time psilocybin offenders would receive a $100 fine or less. A second or third offense would fall under class B misdemeanors with fines as high as $500, and up to $1,000. However, there is no jail sentence.
The fourth and subsequent offences would be considered felonies.
Another proposal—HB 198, from Rep. Jared Sullivan (D)—would take a simple approach to marijuana legalization, allowing only possession and use but not establishing a commercial market.
If the measure is approved, it would allow adult cannabis users over 21 to possess two ounces (or more) of marijuana flower or concentrate.
Under the proposed plan, home-grown marijuana and retail sales of marijuana will remain illegal. The plan would also prohibit the consumption of marijuana on public land.
Another bill—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. In addition, the existing 10 day patient purchase limit would increase to four ounces.
New Hampshire lawmakers nearly passed legislation last session that would have legalized and regulated marijuana for adults—a proposal that then-Gov. Chris Sununu had stated that he supported the idea. 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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Mike Latimer provided the photo.
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