Following considerable debate on the New Hampshire Senate floor on Thursday, state lawmakers have revised and approved a House-passed bill that would legalize marijuana in the state.<\/p>\n
The measure, which senators advanced on a 14\u20139 vote, next heads to the Finance Committee before returning again to the chamber floor and then potentially going back to the House of Representatives for concurrence on recent changes.<\/p>\n
The vote on HB 1633 marks the furthest ever a marijuana legalization bill has proceeded in New Hampshire\u2014though questions still loom large as to whether both legislative chambers can agree on a plan that will win approval from Gov. Chris Sununu (R), who has long been skeptical of the reform but has recently said he would sign a bill that meets certain conditions.<\/p>\n
Senators adopted a handful of amendments to the legislation before the floor vote, while rejecting others. Approved changes concern issues such as penalties for cannabis in vehicles, rules around municipal approval of marijuana retailers, lobbying restrictions on licensed businesses and where revenue would be allocated. Many of the offered amendments came from Senate President Jeb Bradley (R) even though he personally opposes legalization.<\/p>\n
The differences with the House-passed legislation would need to be approved by lawmakers in that chamber or be hammered out in a conference committee.<\/p>\n
\u201cNo cannabis policy will be perfect,\u201d Sen. Daryl Abbas (R) said, arguing that the amended bill \u201cwas drafted to balance the public safety needs of our communities with the legalization of cannabis.\u201d<\/p>\n
\nAbbas said that in past legislative sessions, he\u2019s seen \u201csome really, really, really scary policies\u201d proposed around legalization, claiming some would have allowed smoking marijuana openly outside the Capitol building.<\/p>\n
He also noted that most polls show that a clear majority of New Hampshire adults support legalization. \u201cMost of the polls are pretty straightforward, all well over 70 percent on this,\u201d he said, though he added that most people being surveyed were asked \u201cvery simple questions.\u201d<\/p>\n
\u201cI think the details are very important, and we\u2019re going to discuss a lot more of those as this debate goes on,\u201d Abbas said.<\/p>\n
Opponents of the bill, however\u2014including Sen. Bill Gannon (R), who unsuccessfully tried to table the bill when it first came up on the floor Thursday\u2014warned that legalization would flood the state with drugs, encourage youth to use cannabis, increase crime and mental health issues and expand the existing illicit market.<\/p>\n
\u201cWe are going to change the fabric of New Hampshire if we pass this legislation,\u201d Gannon said.<\/p>\n
Most of Thursday\u2019s debate on the bill, which lasted three hours, centered on a dozen or so offered amendments.<\/p>\n
One approved change from Bradley specifies that no marijuana licensee \u201cmay spend any funds to lobby or attempt to influence legislation\u201d related to marijuana, nor may they \u201cparticipate in political activity\u201d or \u201ccontribute funds to any entity engaged in these activities.\u201d As initially drafted, it also contained provision barring a person or entity controlling more than one cannabis establishment.<\/p>\n
After splitting the amendment into two parts, senators approved the lobbying restriction on a 12\u201311 vote and denied the licensing restriction on a 15\u20138 vote.<\/p>\n
Some critics have said the lobbying restriction\u2014which was first suggested last year by the governor\u2019s office as a state commission considered cannabis legalization\u2014could raise constitutional free speech concerns.<\/p>\n
Another Bradley amendment revised the bill\u2019s section on municipal approval of the cannabis industry, laying out new rules for local elections, zoning and allowable contracts. Voters would be asked, \u201cShall we allow the operation of cannabis establishments within the town or city?\u201d If a majority said yes, retail outlets would be approved. If not, the question could be returned to no less than three years after the initial vote.<\/p>\n
Under the amendment, which passed 12\u201311 on a roll-call vote, local voters would only get to decide whether to allow cannabis businesses to operate if their governing bodies choose to put the question on the ballot or if advocates collect valid signatures from 5 percent of registered voters in support of a ballot measure.<\/p>\n
A major change from Bradley\u2014which he referred to as \u201cthe most important amendment of all the improvements that I\u2019ve tried to make\u201d\u2014replaced the bill\u2019s proposed marijuana advisory board with a \u201ccannabis control commission\u201d that would have the ability to approve new rules.<\/p>\n
\u201cIf we\u2019re going to protect public health, if we\u2019re going to protect the kids in the state of New Hampshire, this board needs to be turned into a control commission,\u201d Bradley said. \u201cEverybody knows I don\u2019t like this bill because of the public health implications. We can make it a little bit better with this amendment.\u201d<\/p>\n
Colleagues initially rejected the proposal on a 12\u201311 margin, but after a motion for reconsideration, they passed it 13\u201310. Some advocates oppose the creation of the commission with power over rulemaking, which they warn could ultimately delay implementation of any legalization law if the body drags its feet on rulemaking or adopts unworkable rules.<\/p>\n
In terms of changes from other lawmakers, an amendment from Abbas removed from the marijuana advisory board a certified public health specialist appointed by a state commission, replacing that person with a \u201cprevention specialist who is currently certified by the prevention certification board of New Hampshire.\u201d That change was supported by the health-focused advocacy group New Futures. Lawmakers adopted it on a voice vote.<\/p>\n
A change from Republican Sens. Tim Lang and Howard Pearl, meanwhile, added language creating a misdemeanor penalty for consuming cannabis in a vehicle. Any person with a driver\u2019s license would also have it suspended for 60 days on a first offense and up to a year on subsequent offenses. It also specifies that no person or entity may have a financial interest in more than one marijuana establishment of any single category. That was also adopted on a voice vote.<\/p>\n
Another amendment from Lang adjusted where state revenue from the legal cannabis industry would be allocated. Bradley supported the change, noting that it would stop money from going to schools\u2014an idea he called \u201codious\u201d\u2014and senators approved it on a voice vote.<\/p>\n
\u201cFor those of you really believe in kiddos,\u201d he said, \u201cI think it\u2019s rather odious that we\u2019re taking marijuana money and funding education. So this amendment dedicates that to property tax relief. I think that\u2019s a pretty significant improvement.\u201d<\/p>\n
Abbas also supported the change, noting that while no committee had vetted the new funding proposal, there would be time for that later in the session.<\/p>\n
The Senate rejected a proposed change from Bradley would have set a maximum 15 percent THC cap on cannabis products, which could also contain no more than 200 milligrams of THC per package, with serving sizes limited to 10 mg. Those limits would not have applied to cannabis flower.<\/p>\n
It also would have made changes to the bill\u2019s definition of \u201cpublic place\u201d that could make it a crime for someone to smoke marijuana in their own backyard unless there is a no trespassing sign posted and would have removed protections allowing adults to share cannabis with one another. The amendment would have further deleted non-discrimination protections from the bill, allowing people to lose their children, jobs or eligibility for organ transplants due to marijuana use. It failed 17\u20136.<\/p>\n
Other amendments are expected once the bill lands in the Senate Finance Committee. Bradley, for example, withdrew a floor amendment around data collection and revenue allocation, saying he\u2019d reintroduce the measure before the finance panel.<\/p>\n
Legalization advocates cheered the milestone vote on Thursday but said there\u2019s still a ways to go before marijuana\u2019s legal in the Granite State.<\/p>\n
\u201cFittingly, the \u2018Live Free or Die\u2019 state just became the first Republican-majority state legislature to vote to legalize cannabis for adults,\u201d said Karen O\u2019Keefe, director of state policies for the Marijuana Policy Project (MPP). \u201cHowever, there are several steps to go before New Hampshire would stop being an island of prohibition.\u201d<\/p>\n
Bradley, the Senate president, said recently that he hopes the bill will ultimately fail in his chamber<\/a>\u2014\u201cI don\u2019t want to see it get out of the Senate, period,\u201d he told a local TV reporter\u2014but added that he feels an obligation to make changes to the bill if it\u2019s destined to clear the Senate.<\/p>\n \u201cI\u2019m gonna try to make it the most user friendly for New Hampshire,\u201d he said.<\/p>\n On the floor, Bradley told fellow opponents of legalization to nevertheless vote for certain amendments to the bill, arguing that the changes represented improvements to the proposal.<\/p>\n \u201cThose of us that don\u2019t support this bill\u2026have an obligation, in my opinion, because it has such a dramatic impact on the state of New Hampshire, to do everything possible that we can to improve it, if it\u2019s going to pass,\u201d the Senate president said. \u201cNow, I know that some of the nine of us would probably just want to derail, and I appreciate that. Maybe that will happen. But if it isn\u2019t going to happen, it needs to be a better process.\u201d<\/p>\n The latest floor changes come on top of a sweeping amendment to the House-passed bill from Sen. Daryl Abbas (R) that was approved in the Senate Judiciary Committee last week<\/a>. That amendment increased a proposed 10 percent surcharge on marijuana purchases in the House-passed version of the bill to 15 percent, and it extended the fee to include medical marijuana purchases. It also increased proposed penalties for public consumption of marijuana to include possible jail time and shifted the legislation\u2019s proposed regulatory scheme to a novel, state-run franchise system under which the state\u2019s Liquor Commission would oversee the look, feel and operations of retail stores.<\/p>\n The franchise model is one supported by the governor, who has in recent weeks said he\u2019d only consider signing the bill if lawmakers follow strict criteria laid out by his office<\/a>, including limiting the number of retail stores to 15 statewide.<\/p>\n \u201cFundamentally I don\u2019t really love this idea anyway,\u201d Sununu said, but explained that he sees legalization as \u201cinevitable.\u201d<\/p>\n Earlier this month, the Judiciary Committee became the first-ever Senate panel to sign off on a marijuana legalization proposal<\/a>, approving it on a narrow, 3\u20132 vote. Before advancing the measure, HB 1633, the committee approved the broad amendment from Abbas, who chaired a failed state commission on legalization late last year<\/a>.<\/p>\n In its current version, the proposal would allow 15 stores to open statewide under a novel state-run franchise system, under which the state\u2019s Liquor Commission would oversee the look, feel and operations of the retail shops. All purchases would be subject to a 15 percent \u201cfranchise fee,\u201d which effectively functions as a tax.<\/p>\n The bill also limits each municipality to only a single cannabis retail establishment unless it\u2019s home to more than 50,000 people. Only two cities in the state, Manchester and Nashua, meet that threshold. Local voters would also need to pre-approve the industry in order for businesses to open in that jurisdiction.<\/p>\n The legalization proposal\u00a0passed out of the House a month ago<\/a>\u00a0amid warnings from Abbas and some other senators that the bill would be dead on arrival in their chamber. Sununu similarly said he\u00a0wouldn\u2019t sign the bill in its House-passed form<\/a>.<\/p>\n As passed<\/a> by the House, the bill would have legalized through a so-called \u201cagency store\u201d model that Abbas and others in the Senate opposed. House lawmakers rejected an earlier amendment that included many revisions later made by Abbas, opting for the agency store model offered by the bill\u2019s sponsor, Rep. Erica Layon (R)<\/a>.<\/p>\n \u201cI think this is an excellent bill,\u201d Layon told colleagues ahead of the House 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 Layon has warned senators not to take House lawmakers\u2019 votes for granted if they decided to make major changes to her bill.<\/p>\n Though advocates have said they\u2019re pleased to see New Hampshire make progress toward legalization, they\u2019re also concerned about some of the changes made by Abbas and the Senate.<\/p>\n ACLU of New Hampshire and other civil rights advocates, for example, have opposed the increased penalties for public consumption, warning that the more punitive would lead to disproportionately severe and lasting consequences and could end up costing the state more money because it will be required to provide defense lawyers for defendants who cannot afford one.<\/p>\n Abbas, however, has repeatedly complained about the smell of marijuana in public\u2014both in legal jurisdictions and in parts of New Hampshire near neighboring states, where cannabis is legal. He\u2019s at times called it the number one problem he has with the reform.<\/p>\n \u201cIs this a huge win for the state? I\u2019m not saying that,\u201d he said in committee earlier this month. \u201cI just have concerns right now because we\u2019re dealing with what we can\u2019t control. We can\u2019t control what they do in Maine. We can\u2019t control what they do in Vermont. We can\u2019t control what they do in Massachusetts.\u201d<\/p>\n With only several months left in Sununu\u2019s term, observers are also weighing how the governor\u2019s potential replacements might greet legalization. At least one possible successor, former U.S. Sen. Kelly Ayotte (R)\u2014one of a handful of gubernatorial candidates that\u2019s entered the race\u2014said recently that she opposes legalizing marijuana for adults<\/a>.<\/p>\n \u201cI don\u2019t think legalizing marijuana is the right direction for our state,\u201d said Ayotte, who represented New Hampshire in the Senate from 2011 to 2017 and was previously the state\u2019s attorney general from 2004 to 2009.<\/p>\n 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\u00a0hit an impasse on the complex legislation<\/a>.<\/p>\n Bicameral lawmakers also convened the state commission tasked with studying legalization and proposing a path forward last year, though the group\u00a0ultimately failed to arrive at a consensus or propose final legislation<\/a>.<\/p>\n The Senate\u00a0defeated a more conventional House-passed legalization bill last year, HB 639, despite its bipartisan support<\/a>.<\/p>\n Last May, the House defeated marijuana legalization language that was included in 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 After the Senate rejected the reform bills in 2022, the House included legalization language as an amendment to separate criminal justice-related legislation\u2014but\u00a0that was also struck down in the opposite chamber<\/a>.<\/p>\n Attorney General Formally Moves To Reschedule Marijuana, But DEA Signals Resistance Despite DOJ Legal Review<\/a><\/p>\n<\/blockquote>\n\n The post New Hampshire Senate Approves Marijuana Legalization Bill After Adopting Changes To House-Passed Version<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
Following considerable debate on the New Hampshire Senate floor on Thursday, state lawmakers have revised and approved a House-passed bill that would legalize marijuana in the state. The measure, which senators advanced on a 14\u20139 vote, next heads to the Finance Committee before returning again to the chamber floor andContinue 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\/75380"}],"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=75380"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/75380\/revisions"}],"predecessor-version":[{"id":75381,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/75380\/revisions\/75381"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=75380"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=75380"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=75380"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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\nRead More: New Hampshire Senate Approves Marijuana Legalization Bill After Adopting Changes To House-Passed Version<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"