Following a debate on the New Hampshire Senate floor, state lawmakers have revised and approved a House-based bill that would legalize marijuana in the state. The measure heads to the Finance Committee before returning to the chamber floor and potentially returning to the House of Representatives for concurrence.
The vote on HB 1633 marks the furthest a marijuana bill has proceeded in New Hampshire. However, questions still need to be answered as to whether both legislative chambers can agree on a joint plan that will earn approval from Governor Chris Sununu (R), who has been skeptical of the reform but would sign a bill that meets certain conditions.
Senators adopted several amendments to the legislation before the vote and rejected others. Approved changes included penalties for cannabis in vehicles, rules regarding the approval of marijuana retailers, and lobbying restrictions on licensed businesses. Despite his opposition to legalization, many of these restrictions came from Senate President Jeb Bradley (R).
Senator Daryl Abbas has stated that “no cannabis policy will be perfect” and argued that the amended bill “was drafted to balance the public safety needs of our communities with the legalization of cannabis.”
Abbas, in previous legislative sessions, said he’s seen “some really, really, really scary policies” proposed around the legalization, which would have allowed smoking marijuana openly outside the Capitol building. He also noted that polls show that most New Hampshire adults support the legislation.
Opponents of the bill—including Senator Bill Gannon (R)—warned that legalization would flood the state with drugs, increase crime and mental health issues, and expand the illicit market, which would also encourage youth to use cannabis. He said, “We are going to change the fabric of New Hampshire if we pass this legislation.”
After splitting the amendment into two parts, senators approved the lobbying restriction on a 12-11 vote and denied the licensing restriction on a 15-8 vote.
Some critics have said that the lobbying restriction may raise concerns about constitutional free speech.
One of Bradley’s amendments revised the bill’s section on municipal approval, where voters would decide whether to allow the operation of cannabis establishments within the town or city.
Under the amendment, which passed 12-11 on a roll-call vote, voters would decide whether to allow cannabis businesses to operate if governing bodies put the question on a ballot or if advocates collected valid signatures from 5% of registered voters.
Another of Bradley’s changes replaced the bill’s proposed advisory board with a “cannabis control commission.”
“If we’re going to protect public health, if we’re going to protect the kids in the state of New Hampshire, this board needs to be turned into a control commission,” Bradley stated. “Everybody knows I don’t like this bill because of the public health implications. We can make it a little bit better with this amendment.”
His colleagues initially rejected the proposal on a 12-11 vote, but after a motion, passed it with 13-10. Some advocates opposed the creation of the commission, which they warned could delay the implementation of legalization of the law.
An amendment by Abbas removed a certified public health specialist from the marijuana advisory board, appointed by the state commission with a “prevention specialist who is currently certified by the prevention certification board of New Hampshire.”
Republican Senators Tim Lang and Howard Pearl added language creating misdemeanor penalties for consuming cannabis in a vehicle. Any person caught doing this would receive their driver’s license suspended for 60 days, with repeat offenses for up to a year.
Lang added another amendment that specified where state revenue from legal cannabis would be allocated. Bradley supposed this change.
“For those of you really believe in kiddos,” Bradley stated, “I think it’s rather odious that we’re taking marijuana money and funding education. So, this amendment dedicates that to property tax relief. I think that’s a pretty significant improvement.”
The Senate rejected a proposed change from Bradley, which would have set a maximum 15% THC cap on cannabis products, which would also contain no more than 2000 milligrams of THC per package, with serving sizes limited to 10mg. It would also make changes to the bill’s definition of a “public place” that could also make it a crime to smoke marijuana in someone’s backyard unless there is a no trespassing sign.
Legalization advocates cheered the milestone vote but said there’s still a way to go.
Karen O’Keefe, director of state policies for the Marijuana Policy Project (MPP), stated: “Fittingly, the ‘Live Free or Die’ state just became the first Republican-majority state legislature to vote to legalize cannabis for adults. However, there are several steps to go before New Hampshire would stop being an island of prohibition.”
Representative Eric Layon (R) stated in a text message that she was “concerned that the bill as passed by the Senate is a step backward for Granite Staters who use cannabis,” adding that “rational legalization is imported to grow small businesses and provide access to safe and quality cannabis for those who choose to consume.”
The Senate president recently said he hopes the bill will fail in his chamber. “I don’t want to see it get out of the Senate, period,” he told a local TV reporter but added that he feels obligated to make changes if the bill reaches the Senate.
On the floor, Bradley told fellow opponents of legalization to vote for certain amendments, arguing that the changes improved the proposal.
The latest floor changes result from the sweeping amendment to the House-passed bill from Senator Daryl Abbas (R) that was approved in the Senate Judiciary Committee last week. The amendment increased the surcharge on marijuana purchases to 15% and extended the fee to medical marijuana purchases.
Earlier in the month, the Judiciary Committee became the first-ever Senate panel to sign off on a marijuana legalization proposal, approving it on a narrow 3-2 vote.
While advocates have said they are pleased to see New Hampshire make progress, they’re also concerned by changes made by Abbas and the Senate. The ACLU of New Hampshire and other civil rights advocates have opposed the increased penalties for public consumption. Abbas has claimed that the smell, both in legal jurisdictions and parts of New Hampshire near neighboring states, has called it a number one problem with the reform.
Former Senator Kelly Ayotte (R) has said that she opposes legalizing marijuana, adding, “I don’t think legalizing marijuana is the right direction for our state.”
Lawmakers have worked extensively on marijuana reform issues and have attempted to reach a compromise to enact legislation that would include state-controlled shops, dual licenses for medical dispensaries, and privately licensed businesses. Bicameral lawmakers also convened the state commission that was tasked with studying legalization and proposing a path forward over the last year. The gap ultimately failed to arrive at a consensus or propose final legislation.
The Senate defeated a House-passed legalization bill (HB 639) last year despite bipartisan support. Last May, the House defeated marijuana legalization language included in a Medicaid expansion bill and moved another piece of legislation that would have allowed patients and caregivers to cultivate up to three mature plants, three immature plants, and 12 seedlings for personal therapeutic use.
After the Senate rejected reform bills in 2022, the House included legalization language as an amendment to separate criminal justice-related legalization, which was blocked in the opposite chamber.
