{"id":74034,"date":"2024-04-11T11:06:24","date_gmt":"2024-04-11T19:06:24","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/04\/11\/new-hampshire-house-passes-bill-to-legalize-marijuana-through-agency-store-model-that-senators-oppose\/"},"modified":"2024-04-11T12:45:31","modified_gmt":"2024-04-11T20:45:31","slug":"new-hampshire-house-passes-bill-to-legalize-marijuana-through-agency-store-model-that-senators-oppose","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/04\/11\/new-hampshire-house-passes-bill-to-legalize-marijuana-through-agency-store-model-that-senators-oppose\/","title":{"rendered":"New Hampshire House Passes Bill To Legalize Marijuana Through \u2018Agency Store\u2019 Model That Senators Oppose"},"content":{"rendered":"<\/p>\n<p>New Hampshire\u2019s House of Representatives has approved a bill to legalize and regulate marijuana in the state and set strict limits on advertising and marketing. The legislation, from Rep. Erica Layon (R), next proceeds to the Senate, where many expect it will receive a cold welcome for departing from a state-controlled model supported by Gov. Chris Sununu (R).<\/p>\n<p>Layon has spent months workshopping and building support for the plan despite warnings from some in the Senate\u2014most notably Sen. Daryl Abbas (R), who chaired a failed state commission on legalization late last year\u2014that her proposal will be dead on arrival in that chamber unless it includes a state-run franchise system under which the government would control the look, feel and general operations of retail stores.<\/p>\n<p>House lawmakers have so far decided to stuck with Layon\u2019s original bill, though with some changes. Earlier this month, a House subcommittee <a href=\"https:\/\/www.marijuanamoment.net\/new-hampshire-house-panel-rejects-franchise-based-marijuana-legalization-amendment-setting-up-showdown-with-senate-and-governor\/\" target=\"_blank\" rel=\"noopener\" data-google-interstitial=\"false\">rejected a sweeping amendment that would have replaced Layon\u2019s plan with a franchise model<\/a>.<\/p>\n<p>On Thursday, the full House passed HB 1633 on a 239\u2013136 vote. The body had <a href=\"https:\/\/www.marijuanamoment.net\/new-hampshire-house-passes-marijuana-legalization-bill-though-senate-hurdles-remain-on-way-to-governors-desk\/\" target=\"_blank\" rel=\"noopener\">given initial approval to the cannabis legislation<\/a> in February, after which point it went to the Finance Committee before returning to the floor for final passage.<\/p>\n<p>\u201cI think this is an excellent bill,\u201d Layon told colleagues ahead of the vote, \u201cand quite frankly I think it\u2019s time for us to go ahead and vote on this bill, and let the other body deal with it.\u201d<\/p>\n<p>It\u2019s not yet clear how the situation will unfold as the proposal lands in the opposite chamber. Many expect senators to make significant changes, though it\u2019s also possible they could greenlight Layon\u2019s plan as-is or, alternatively, refuse to consider it at all.<\/p>\n<p>If enacted in its current form, HB 1633 would allow 15 retail stores statewide and impose a 10 percent state charge on adult-use purchases. Medical marijuana would be exempt from the tax.<\/p>\n<p>Layon has described her agency store approach as a system \u201cwhere the state requires agreement and compliance from private businesses granted limited licenses by the Liquor Commission beyond the traditional health and safety regulatory role of government.\u201d She\u2019s consistently warned that state-run sales or a franchise model through which the state exercises day-to-day control over marijuana businesses could put the state and its finances at risk of federal intervention or litigation.<\/p>\n<p>\u201cThis meets just about every requirement\u2014every requirement that was previously laid out in order to become law,\u201d Layon said Thursday. \u201cThere was a last-minute change to require a franchise, where the language\u2026seemed that the franchise agreements would be done in secret.\u201d<\/p>\n<p>\u201cThis bill makes it so that the agency model has strong control,\u201d she added, \u201cbut those rules about how they operate would be done through administrative rules, so there\u2019d be public comment. It also doesn\u2019t set prices.\u201d<\/p>\n<p>A floor amendment adopted before the vote removed a single mention of the franchise approach from the bill. Layon told Marijuana Moment earlier this week that the language was used mistakenly and should have referred to agency stores. The amended bill still contains a definition for \u201cfranchise model,\u201d but it would not establish one.<\/p>\n<p \/>\n<p>Opponents argued on the House floor Thursday that the <a href=\"https:\/\/www.gencourt.state.nh.us\/bill_status\/billinfo.aspx?id=1893&amp;inflect=2\" target=\"_blank\" rel=\"noopener\">bill<\/a> would lead to an increase in mental health problems in the state and fail to deliver on promised benefits.<\/p>\n<p>\u201cI rise to oppose any legalization of cannabis, also known as marijuana,\u201d said Rep. Kenneth Weyler (R). \u201cWe now have the examples of many other states that have legalized the substance over the past few years. Have any of them bragged about how much money they made? Have any of them seen a reduction in petty crime?\u201d<\/p>\n<p>Replied Layon: \u201cNo matter what we do today, and no matter what ultimately happens with this bill, there are a large number of people in New Hampshire that use cannabis. Telling them that it\u2019s illegal and they shouldn\u2019t use it hasn\u2019t worked, so I\u2019m not sure how that will stop anybody.\u201d<\/p>\n<p>\u201cThe problem right now is a lot of people who choose to use cannabis either can drive out of state, they can illegally grow it at home or they can buy it on the streets, and there\u2019s issues with buying it on the streets,\u201d the measure\u2019s sponsor continued. \u201cWhat this bill would change is you could have regulated tested product that\u2019s free of contaminants and that is not mixed with other drugs. You would know what was in it, you would know what strain, you would know what concentration. So for those who would choose to do it, it would be safer. And for everybody else, it wouldn\u2019t be a discussion that you\u2019re having, because most people who would use cannabis if it\u2019s legal already are.\u201d<\/p>\n<p>Before voting on the bill earlier this month, members of the <a href=\"https:\/\/www.marijuanamoment.net\/new-hampshire-committee-sends-amended-marijuana-legalization-bill-to-house-floor-for-final-vote-before-senate-consideration\/\" target=\"_blank\" rel=\"noopener\">House Finance Committee adopted a handful of changes<\/a> from both Layon and the committee chair, Rep. Peter Leishman (D). Those changes reduced the proposed penalties for public consumption of marijuana to remove the possibility of jail time, specified that Liquor Commission funds would be used to set up the new system and adjusted the flow of would-be revenue to go directly into the state\u2019s general fund.<\/p>\n<p>\u201cIf the Senate has problems with passing a bill, I don\u2019t see why we have to do their hard work here for them,\u201d Rep. Chuck Grassie (D) said during an earlier subcommittee hearing. \u201cI think they need to debate this. They need to make up their mind on a bill, and they need to send something back to us if we want to see cannabis legalization in the state of New Hampshire.\u201d<\/p>\n<p>Grassie applauded Layon for what what he called \u201ca Herculean effort\u2026to get the governor and the Senate on board.\u201d<\/p>\n<p>In a committee report in favor of HB 1633, Grassie wrote that the bill would ensure products are lab tested, accurately labeled and not sold to people under 21.<\/p>\n<p>\u201cMany years of work have led to this effort,\u201d the <a href=\"https:\/\/www.gencourt.state.nh.us\/house\/calendars_journals\/viewer.aspx?fileName=Calendars%5C2024%5CNo14%20April%205%202024.PDF\" target=\"_blank\" rel=\"noopener\">report<\/a> says, \u201cwhich focuses the State of NH on harm reduction, non profits, and allows the state to control distribution and access through state laws, administrative rules, and local control.\u201d<\/p>\n<p>\u201cThe legalization of cannabis will move production and sales from the underground, sometimes dangerous, illicit market to legal businesses,\u201d it adds, \u201callowing for appropriate regulations and control.\u201d<\/p>\n<p>Weyler, meanwhile, wrote the House Finance Committee\u2019s minority report, which consists largely of a quote from <a href=\"https:\/\/www.marijuanamoment.net\/virginia-gop-governor-vetoes-marijuana-sales-legalization-bill\/\" target=\"_blank\" rel=\"noopener\">Virginia Gov. Glenn Youngkin\u2019s (R) recent veto of cannabis sales legislation<\/a> in that state.<\/p>\n<p>\u201cThe minority is inspired to use the language that Governor Youngkin used in his veto in Virginia: \u2018States following this path have seen adverse effects on children\u2019s and adolescent\u2019s health and safety, increased gang activity and violent crime, significant deterioration in mental health, decreased road safety, and significant costs associated with marijuana that far exceed tax revenue. It also does not eliminate the illegal black-market sale of cannabis, nor guarantee product safety,&#8217;\u201d Weyler wrote.<\/p>\n<p>Unlike in New Hampshire, Virginia has already legalized the use, possession and limited home cultivation of marijuana.<\/p>\n<p>Layon quipped at an earlier committee hearing that she had considered amending her bill to similarly legalize noncommercial marijuana.<\/p>\n<p>Instead, she told Marijuana Moment earlier this month that she\u2019s committed to moving her legalization bill closer to what Sununu has said he wants the policy change to include.<\/p>\n<p>\u201cI initially intended that this bill sort of be a counterpoint to what the special committee was going to deliver and what Sen. Abbas was going to introduce,\u201d she said. \u201cThe fact that he didn\u2019t introduce it and this is the only shot at legalization this year, I just really wanted to work hard in a good faith effort to get to something that I was comfortable with and that match the requirements of the governor as best I understood them.\u201d<\/p>\n<p>The governor said at a recent event, meanwhile, that he thinks legalization is \u201cinevitable\u201d in New Hampshire, adding that policymakers have \u201cseen the mistakes other states have made so as not to walk down that path.\u201d<\/p>\n<p>\u201cPeople just want the accessibility for adults, keeping it away from kids,\u201d Sununu said. \u201cIf they can meet those rough stipulations, I would sign it, because I think that\u2019s one of the safest systems you\u2019re going to get.\u201d<\/p>\n<p>He added that as a legalization skeptic, he\u2019s better positioned to consider a thoughtful bill.<\/p>\n<p>\u201cThere\u2019s no better person to help design a system that could be fraught with problems and risk specifically to kids than the guy that\u2019s most scared of it,\u201d he said.<\/p>\n<p>Last year Sununu said he supported a system of state-run retail stores, but lawmakers on a state study commission last year instead pivoted to the idea of a franchise system, which the governor has said he\u2019s willing to entertain. Officials at the Liquor Commission have said it would be far less costly for private franchisees to build out a system of retail stores than to ask the Liquor Commission to take on that task itself.<\/p>\n<p>Lawmakers worked extensively on marijuana reform issues last session and attempted to reach a compromise 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. The legislature ultimately\u00a0<a href=\"https:\/\/www.marijuanamoment.net\/new-hampshire-lawmakers-punt-on-state-run-marijuana-legalization-proposal\/\" target=\"_blank\" rel=\"noopener\" data-google-interstitial=\"false\">hit an impasse on the complex legislation<\/a>.<\/p>\n<p>Bicameral lawmakers also convened the state commission tasked with studying legalization and proposing a path forward last year, though the group\u00a0<a href=\"https:\/\/www.marijuanamoment.net\/new-hampshire-marijuana-legalization-commission-fails-to-reach-consensus-votes-against-recommending-bill-for-2024\/\" target=\"_blank\" rel=\"noopener\" data-google-interstitial=\"false\">ultimately failed to arrive at a consensus or propose final legislation<\/a>.<\/p>\n<p>The Senate\u00a0<a href=\"https:\/\/www.marijuanamoment.net\/new-hampshire-senate-rejects-house-passed-marijuana-legalization-bill\/\" target=\"_blank\" rel=\"noopener\" data-google-interstitial=\"false\">defeated a more conventional House-passed legalization bill last year, HB 639, despite its bipartisan support<\/a>.<\/p>\n<p>Last May, the House separately defeated a different marijuana legalization amendment that was being proposed as part of a Medicaid expansion bill. The Senate also 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 the 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\" data-google-interstitial=\"false\">that was also struck down in the opposite chamber<\/a>.<\/p>\n<blockquote class=\"wp-embedded-content\" data-secret=\"6ws1DVXpcI\">\n<p><a href=\"https:\/\/www.marijuanamoment.net\/florida-marijuana-initiative-will-improve-quality-of-life-by-providing-alcohol-alternative-top-cannabis-ceo-says-pushing-back-against-desantis\/\" target=\"_blank\" rel=\"nofollow noopener\">Florida Marijuana Initiative Will \u2018Improve Quality Of Life\u2019 By Providing Alcohol Alternative, Top Cannabis CEO Says, Pushing Back Against DeSantis<\/a><\/p>\n<\/blockquote>\n<p \/>\n<p>The post <a href=\"https:\/\/www.marijuanamoment.net\/new-hampshire-house-passes-bill-to-legalize-marijuana-through-agency-store-model-that-senators-oppose\/\" target=\"_blank\" rel=\"nofollow noopener\">New Hampshire House Passes Bill To Legalize Marijuana Through \u2018Agency Store\u2019 Model That Senators Oppose<\/a> appeared first on <a href=\"https:\/\/www.marijuanamoment.net\" target=\"_blank\" rel=\"nofollow noopener\">Marijuana Moment<\/a>.<\/p>\n<p>&#013;<br \/>\n&#013;<br \/>\nRead More: <a href=\"https:\/\/www.marijuanamoment.net\/new-hampshire-house-passes-bill-to-legalize-marijuana-through-agency-store-model-that-senators-oppose\/\" target=\"_blank\" rel=\"nofollow noopener\">New Hampshire House Passes Bill To Legalize Marijuana Through \u2018Agency Store\u2019 Model That Senators Oppose<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>New Hampshire\u2019s House of Representatives has approved a bill to legalize and regulate marijuana in the state and set strict limits on advertising and marketing. The legislation, from Rep. Erica Layon (R), next proceeds to the Senate, where many expect it will receive a cold welcome for departing from a<span class=\"more-link\"><a href=\"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/04\/11\/new-hampshire-house-passes-bill-to-legalize-marijuana-through-agency-store-model-that-senators-oppose\/\">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\/74034"}],"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=74034"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/74034\/revisions"}],"predecessor-version":[{"id":74035,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/74034\/revisions\/74035"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=74034"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=74034"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=74034"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}