{"id":69616,"date":"2023-10-24T13:26:43","date_gmt":"2023-10-24T21:26:43","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2023\/10\/24\/new-hampshire-marijuana-legalization-commission-begins-workshopping-draft-legislation-thats-due-on-december-1\/"},"modified":"2023-10-25T19:46:49","modified_gmt":"2023-10-26T03:46:49","slug":"new-hampshire-marijuana-legalization-commission-begins-workshopping-draft-legislation-thats-due-on-december-1","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2023\/10\/24\/new-hampshire-marijuana-legalization-commission-begins-workshopping-draft-legislation-thats-due-on-december-1\/","title":{"rendered":"New Hampshire Marijuana Legalization Commission Begins Workshopping Draft Legislation That\u2019s Due On December 1"},"content":{"rendered":"<\/p>\n<p>A New Hampshire commission charged with drafting a bill to legalize cannabis sales through state-run stores began digging into possible legislative language on Tuesday, discussing issues such as how existing medical marijuana dispensaries would be integrated into the new system, how products would be tested for potency and safety and how to avoid interfering with existing hemp and CBD markets.<\/p>\n<p>The 19-person panel also heard from three opponents to marijuana legalization, although the commission chair, Sen. Daryl Abbas (R), had to repeatedly remind speakers that the body\u2019s core goal is to craft a proposal that would legalize cannabis in New Hampshire and that witness testimony needed to focus on shaping, rather than stopping, the policy change.<\/p>\n<p>It was the fifth meeting of the Commission to Study With the Purpose of Proposing Legalization, State Controlled Sales of Cannabis and Cannabis Products\u2014a body created through legislation in August. The group is charged with considering legalization\u2019s possible impacts on New Hampshire and crafting recommended legislation by December 1. Lawmakers would then take up the bill in the coming 2024 session.<\/p>\n<p>After hearing comments from the legalization opponents, members on Tuesday began a line-by-line review of a 37-page draft bill that was circulated by Abbas\u2019s office. The senator described the document as \u201ckind of a combination of several bills\u201d that lawmakers have considered in past sessions.<\/p>\n<p \/>\n<p>When Abbas\u2019s office sent Marijuana Moment a copy of the draft bill last week, a staffer emphasized that \u201cthis working draft is extremely fluid and nothing is official by any means.\u201d<\/p>\n<p>Nearly every one of the commission\u2019s meetings so far have gone more slowly than planned, and Tuesday\u2019s meeting was no different. When members broke for the day, they\u2019d managed to get through not quite five pages of the 37-page draft bill and were still in the measure\u2019s definitions section.<\/p>\n<p>Most of the adjustments the commission discussed making were relatively minor. For example, panelists noted that the bill\u2019s definition of \u201ccannabis products\u201d could theoretically interfere with businesses already offering CBD-infused beverages and topicals. They talked about amending that definition to more clearly state that hemp products, including CBD, fall outside the scope of the bill.<\/p>\n<p>Members also discussed whether the sale of cannabis accessories, such as pipes and rolling papers, would be subject to state cannabis taxes. Most felt that such purchases should not be taxed, whether sold by licensed cannabis stores or other establishments, such as convenience stores. A provision of the draft bill suggested that a state license would be needed to sell marijuana accessories, but the panel struck that line.<\/p>\n<p>How to test cannabis products also came up at Tuesday\u2019s meeting, although the panel did not make any specific changes to the draft language.<\/p>\n<p>Perhaps the most controversial topic panelists discussed at the meeting was how to handle the state\u2019s existing medical dispensaries, known in New Hampshire as alternative treatment centers (ATCs). Currently the state\u2019s seven licensed ATCs must be organized as not-for-profit businesses, but the commission is proceeding toward an adult-use system that would sell to consumers through a state-controlled model.<\/p>\n<p>The scheme would allow the state to handle administration and marketing of adult-use marijuana while leaving responsibility for retail operations to private owners. It\u2019s intended to allow the state more control over the look and feel of stores without taking on the burden and legal liability of actually running them.<\/p>\n<p>Expectations for the bill have already changed considerably in recent months. The panel was initially <a href=\"https:\/\/www.marijuanamoment.net\/new-hampshire-governor-signs-bill-creating-marijuana-legalization-commission-to-prepare-state-run-sales-model\/\" target=\"_blank\" rel=\"noopener\">formed to consider state-run stores<\/a>, a novel model supported by Gov. Chris Sununu (R), but last month members <a href=\"https:\/\/www.marijuanamoment.net\/new-hampshire-officials-consider-state-led-franchise-model-for-marijuana-legalization-that-would-allow-privately-owned-stores\/\" target=\"_blank\" rel=\"noopener\">turned to consideration of the alternative, franchise-style system.<\/a><\/p>\n<p>Officials have likened the model to McDonalds and Dunkin\u2019 Donuts. Adult-use shops would be privately owned, for-profit businesses, but they would be overseen by the state government.<\/p>\n<p>While the draft legislation would let ATCs reorganize as for-profit entities and begin selling to adults, the details of that transition are still muddy. Panelists at Tuesday\u2019s meeting raised a variety of possible paths forward, for example requiring ATCs to have separate counters for medical and adult-use products or prohibiting colocation of medical and recreational stores at the same facility. Also at issue is which state governmental body should regulate medical marijuana: the Department of Health and Human Services, which currently oversees the medical program, or a renamed Liquor and Cannabis Commission, which lawmakers contemplate running the adult-use market.<\/p>\n<p>For patients and treatment centers, the issues loom large, said Matt Simon, the director of public and government relations at medical marijuana provider GraniteLeaf Cannabis.<\/p>\n<p>Simon, who testified at the hearing, told Marijuana Moment in a follow-up interview that he wants to see expanded access to medical products but thinks it\u2019s important patients have access to quality information, too.<\/p>\n<p>\u201cOur position is nuanced,\u201d he said. From a patient perspective, he said, it would be helpful to expand the sale of medical products beyond the states seven licensed ATCs. On the other hand, adult-use shops might lack the necessary resources or knowledge to help guide medical patients to appropriate products.<\/p>\n<p>\u201cIf we could expand that, that\u2019d be terrific,\u201d Simon said. \u201cThe only question is how to provide education and support when patients are not buying it at ATCs, particularly when they\u2019re making their first purchases.\u201d<\/p>\n<p>(Disclosure: Simon supports Marijuana Moment\u2019s work via a\u00a0<a href=\"https:\/\/www.patreon.com\/marijuanamoment\" target=\"_blank\" rel=\"noopener\">monthly Patreon pledge<\/a>.)<\/p>\n<p>In terms of who should regulate ATCs, written testimony submitted jointly by GraniteLeaf Cannabis, Sanctuary ATC and Temescal Wellness said that while there could be advantages to having medical and adult-use marijuana under the same regulatory umbrella, it\u2019s not uncommon\u2014and may actually be reasonable\u2014to have medical products overseen by a health agency.<\/p>\n<p>The companies note that convenience stores in New Hampshire, by comparison, might report to several different entities based on the products they sell.<\/p>\n<p>\u201cWe believe the Therapeutic Cannabis Program and the adult-use franchise model can coexist in New Hampshire with two separate regulatory authorities if the law and rules allow the ATCs to transition smoothly and serve both markets without facing unnecessary burdens,\u201d the ATCs said.<\/p>\n<p>Very few changes were in fact made to Abbas\u2019s draft legislation during the meeting, but some members were tasked with incorporating feedback into updated provisions by the body\u2019s next scheduled meeting on November 3.<\/p>\n<p>One matter members said they also plan to revisit during the next meeting is personal possession limits. The draft legislation would allow possession of up to four ounces of cannabis flower, for example, though some members proposed cutting that limit to two ounces.<\/p>\n<p>Testimony from those who appeared in opposition to marijuana legalization may also influence the shape of the final bill. Amy Turncliff, a consultant who described herself as a PhD in neurobiology and a \u201cfourth generation property holder in New Hampshire,\u201d warned that legalization would put adult and youth consumers at risk of developing psychotic disorders.<\/p>\n<p>Abbas pressed Turncliff on how to craft legislation \u201cin a way that would mitigate those negative impacts,\u201d which Turncliff said was impossible.<\/p>\n<p>\u201cI\u2019m going to be honest, I don\u2019t think you can mitigate them,\u201d she said. \u201cThose of us who are public health advocates do believe that there will be a reckoning down the road\u2026 Maybe a decade or more from now, all of this is going to come tumbling out.\u201d<\/p>\n<p>Ultimately she suggested a handout be given to consumers that warns of the health risks of cannabis use. Asked by Abbas what should be prioritized on product warning labels, Turncliff said warnings about pregnancy, psychosis and other health risks were likely the most important things to highlight, though regulators could also require rotating warning labels that carry different information.<\/p>\n<p>Omar Shaw, a doctor at Boston Children\u2019s Hospital, noted the Food and Drug Administration (FDA) has approved cannabinoid-based pharmaceuticals for limited uses such as severe seizure disorders. \u201cOnce you get away from these conditions,\u201d he said, \u201cit\u2019s very hard to see the benefits overall compared to the potential side effects it has.\u201d<\/p>\n<p>Shaw said he would support raising the minimum age for cannabis purchases in New Hampshire to 25, at which point brain development has typically slowed. \u201cIf it was up to me, I\u2019d ban alcohol and nicotine,\u201d he added.<\/p>\n<p>Scott Gagnon, a Maine-based anti-legalization advocate, told the panel that it\u2019s essential that state lawmakers take cannabis issues seriously, regardless of what sort of bill the commission recommends.<\/p>\n<p>\u201cYou can put forward the best legislation that\u2019s ever happened in this country when it comes to cannabis legalization,\u201d he warned, \u201cbut the work after it is going to be just as important to protect what to protect what you put in there.\u201d<\/p>\n<p>During public comment at Tuesday\u2019s meeting, Jim Riddle, a farmer in Hillsboro, brought up a recent <a href=\"https:\/\/www.marijuanamoment.net\/new-hampshire-farmers-interested-in-growing-marijuana-but-oppose-governors-state-run-sales-proposal-survey-finds\/\" target=\"_blank\" rel=\"nofollow noopener\">survey of New Hampshire farmers who were asked their opinions on marijuana<\/a>. About 87 percent said they support legalization and 78 percent said they\u2019re interested in growing, Riddle noted, and about 70 percent would like to see an allowance for direct sales to consumers.<\/p>\n<p>Ensuring broad access to legal retailers would also would help combat unregulated activity, he said: \u201cThe more barriers to being a legal player, the more you\u2019re favoring the illegal market.\u201d<\/p>\n<p>Regardless of what\u2019s in the bill the commission ultimately recommends, lawmakers during next year\u2019s legislative session could amend various provisions or overhaul the proposal altogether.<\/p>\n<p>In addition to generally studying the feasibility of a state-run cannabis model, the commission is specifically <a href=\"https:\/\/www.gencourt.state.nh.us\/bill_status\/billinfo.aspx?id=371&amp;inflect=2\" target=\"_blank\" rel=\"noopener\">tasked<\/a>\u00a0with looking at the possibility of drafting legislation that:<\/p>\n<ol>\n<li class=\"p1\"><span class=\"s1\"><span class=\"Apple-converted-space\">\u00a0<\/span>Allows the state to control distribution and access<\/span><\/li>\n<li class=\"p1\">Keeps marijuana away from kids and out of schools<\/li>\n<li class=\"p1\">Controls the marketing and messaging of the sale of marijuana<\/li>\n<li class=\"p1\">Prohibits \u201cmarijuana miles\u201d or the over-saturation of marijuana retail establishments<\/li>\n<li class=\"p1\">Empowers municipalities to choose to limit or prohibit marijuana retail establishments<\/li>\n<li class=\"p1\">Reduces instances of multi-drug use<\/li>\n<li class=\"p1\">Does not impose an additional tax so as to remain competitive<\/li>\n<\/ol>\n<p>At a meeting earlier this month, a panelist from the state attorney general\u2019s office <a href=\"https:\/\/www.marijuanamoment.net\/uniqueness-of-new-hampshires-proposed-state-run-marijuana-stores-could-create-federal-liability-ags-office-says\/\" target=\"_blank\" rel=\"noopener\">said the unique approach could create federal liability<\/a>.<\/p>\n<p>\u201cThe probability or extent of those liabilities is unknown to the attorney general\u2019s office,\u201d said Myles Matteson, a senior assistant attorney general who heads the office\u2019s criminal justice bureau, but \u201cany state-controlled or state-managed system certainly creates liabilities. There\u2019s no doubt about that.\u201d<\/p>\n<p>House Commerce and Consumer Affairs Committee Chairman John Hunt (R), a member of the commission, worked extensively on marijuana reform issues this year and attempted to reach a compromise on legislation to enact legalization through a multi-tiered system that would include state-controlled shops, dual licensing for existing medical cannabis dispensaries and businesses privately licensed to individuals by state agencies.<\/p>\n<p>Hunt\u2019s House panel, however,\u00a0<a href=\"https:\/\/www.marijuanamoment.net\/new-hampshire-lawmakers-punt-on-state-run-marijuana-legalization-proposal\/\" target=\"_blank\" rel=\"noopener\">reached an impasse on the complex legislation<\/a>, which was being considered following Sununu\u2019s surprise announcement that he backed state-run legalization. Meanwhile the Senate\u00a0<a href=\"https:\/\/www.marijuanamoment.net\/new-hampshire-senate-rejects-house-passed-marijuana-legalization-bill\/\" target=\"_blank\" rel=\"noopener\">defeated the a conventional legalization bill, HB 639, despite its bipartisan support<\/a>.<\/p>\n<p>The underlying commission legislation that the governor signed into law with the legalization study provisions would also remove an existing requirement that pain patients try opioid-based treatments first before receiving a medical cannabis recommendation for their condition.<\/p>\n<p>It also includes provisions to clarify that the state\u2019s hemp law is not intended to authorize the sale of hemp-derived intoxicating products, such as delta-8 THC.<\/p>\n<p>In May, the House separately defeated a different marijuana legalization amendment that was being proposed as part of a Medicaid expansion bill.<\/p>\n<p>Also, the Senate moved to table another piece of legislation that month that would have allowed patients and designated caregivers to cultivate up to three mature plants, three immature plants and 12 seedlings for personal therapeutic use.<\/p>\n<p>After the Senate rejected reform bills in 2022, the House included legalization language as an amendment to separate criminal justice-related legislation\u2014but\u00a0<a href=\"https:\/\/www.marijuanamoment.net\/new-hampshire-senate-rejects-marijuana-legalization-again-as-part-of-amended-bill\/\" target=\"_blank\" rel=\"noopener\">that was also struck down in the opposite chamber<\/a>.<\/p>\n<p><strong>Here\u2019s the full <a href=\"https:\/\/www.documentcloud.org\/documents\/24080416-new-hampshire-draft-legislation-cannabis-1022023\" target=\"_blank\" rel=\"noopener\">draft legislation<\/a> that was discussed at Tuesday\u2019s meeting:<\/strong><\/p>\n<p \/>\n<blockquote class=\"wp-embedded-content\" data-secret=\"HJAjaykhUI\">\n<p><a href=\"https:\/\/www.marijuanamoment.net\/new-york-officials-debunk-misinformation-about-fentanyl-laced-marijuana\/\" target=\"_blank\" rel=\"nofollow noopener\">New York Officials Debunk \u2018Misinformation\u2019 About Fentanyl-Laced Marijuana<\/a><\/p>\n<\/blockquote>\n<p \/>\n<p>The post <a rel=\"nofollow noopener\" href=\"https:\/\/www.marijuanamoment.net\/new-hampshire-marijuana-legalization-commission-begins-workshopping-draft-legislation-thats-due-on-december-1\/\" target=\"_blank\">New Hampshire Marijuana Legalization Commission Begins Workshopping Draft Legislation That\u2019s Due On December 1<\/a> appeared first on <a rel=\"nofollow noopener\" href=\"https:\/\/www.marijuanamoment.net\" target=\"_blank\">Marijuana Moment<\/a>.<\/p>\n<p>&#013;<br \/>\n&#013;<br \/>\nRead More: <a href=\"https:\/\/www.marijuanamoment.net\/new-hampshire-marijuana-legalization-commission-begins-workshopping-draft-legislation-thats-due-on-december-1\/\" target=\"_blank\" rel=\"nofollow noopener\">New Hampshire Marijuana Legalization Commission Begins Workshopping Draft Legislation That\u2019s Due On December 1<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A New Hampshire commission charged with drafting a bill to legalize cannabis sales through state-run stores began digging into possible legislative language on Tuesday, discussing issues such as how existing medical marijuana dispensaries would be integrated into the new system, how products would be tested for potency and safety and<span class=\"more-link\"><a href=\"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2023\/10\/24\/new-hampshire-marijuana-legalization-commission-begins-workshopping-draft-legislation-thats-due-on-december-1\/\">Continue Reading<\/a><\/span><\/p>\n","protected":false},"author":24,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81,126],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/69616"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/24"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=69616"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/69616\/revisions"}],"predecessor-version":[{"id":69617,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/69616\/revisions\/69617"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=69616"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=69616"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=69616"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}