{"id":76467,"date":"2024-06-19T05:19:58","date_gmt":"2024-06-19T13:19:58","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/06\/19\/new-hampshire-lawmakers-and-advocates-blame-each-other-over-marijuana-legalization-bills-defeat\/"},"modified":"2024-06-19T19:46:16","modified_gmt":"2024-06-20T03:46:16","slug":"new-hampshire-lawmakers-and-advocates-blame-each-other-over-marijuana-legalization-bills-defeat","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/06\/19\/new-hampshire-lawmakers-and-advocates-blame-each-other-over-marijuana-legalization-bills-defeat\/","title":{"rendered":"New Hampshire Lawmakers And Advocates Blame Each Other Over Marijuana Legalization Bill\u2019s Defeat"},"content":{"rendered":"<\/p>\n

New Hampshire lawmakers and marijuana reform advocates are pointing fingers at one another following the failure of a cannabis legalization bill<\/a> last week. Some now accuse House Democrats of scuttling the measure in an effort to gain votes in November\u2019s election by campaigning on the unresolved\u2014and popular\u2014issue.<\/p>\n

The Democrat who led last week\u2019s House vote to kill the proposal, however, maintains that the bill was simply bad legislation that resulted from a broken process. He believes opponents were right to vote it down and set their sights on something better in a future session.<\/p>\n

\u201cI\u2019m totally pro-legalization of cannabis,\u201d Rep. Jared Sullivan (D) told Marijuana Moment in an interview. But he asserted that Senate overplayed its hand when it made fundamental changes to the underlying bill that he previously passed the House and expected representatives to sign off on the revisions.<\/p>\n

\u201cThey just were operating under the assumption that they could do whatever they want and pass a bill that\u2019s so restrictive,\u201d Sullivan said. \u201cThey were interested in dictating, \u2018This is the way it will be, or nothing else,\u2019 and I think they thought that the representatives were just going to go along with it. And, you know, we have a different view. And they were unwilling to consider our separate view.\u201d<\/p>\n

Last week\u2019s vote in the House was widely seen as the last big hurdle for the legalization bill, HB 1633, on its path to becoming law. After House and Senate lawmakers passed separate versions of the measure, a bicameral conference committee hammered out a compromise<\/a>, using the Senate-passed bill as a blueprint. The Senate OK\u2019d the resulting bill last Thursday, but later in the day, rather than sign off on the bill\u2014which Gov. Chris Sununu (R) had indicated he\u2019d likely sign\u2014the House voted to table it.<\/p>\n

Ahead of that vote, Sullivan described the bill, which would have legalized cannabis sales through a government-run system of independently owned of franchise stores, as \u201cthe most intrusive, big-government marijuana program proposed anywhere in the country.\u201d<\/p>\n

\u201cI, like many in this room, seriously want to legalize cannabis sales in New Hampshire,\u201d he said on the floor. \u201cBut the fact is, despite the recent tweaks, this remains a terrible bill.\u201d<\/p>\n

The compromise bill would allow 15 stores to open statewide beginning in 2026 through a novel state-run franchise system\u2014provisions Sununu demanded be included in any legalization legislation. Though stores would be privately run, the government would oversee operations, including setting final prices on products. Purchases would incur a 15 percent \u201cfranchise fee\u201d\u2014effectively a tax, and home cultivation would remain illegal.<\/p>\n

Marijuana possession wouldn\u2019t become legal until 2026, once the state\u2019s licensed market is up and running. At that point, adults could legally possess up to two ounces of marijuana. In the meantime, possession of up to one ounce of cannabis would carry a $100 maximum civil fine\u2014an increase from the state\u2019s current law that decriminalizes up to three-quarters of an ounce\u2014effective immediately on enactment.<\/p>\n

The proposal would limit each municipality to only a single cannabis retail establishment unless it\u2019s home to more than 50,000 people, though 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 motion to table passed 178\u2013173, with members of both parties voting in favor. A subsequent vote to take the measure off the table failed.<\/p>\n

In the aftermath, Sullivan is now facing attacks from Republicans who supported the negotiated bill as well as legalization advocates. Both have criticized him and other Democrats who voted against the bill, saying they believe it\u2019s an ill-conceived effort to win votes in the November election and potentially sets back the effort to end prohibition in the \u201cLive Free or Die\u201d state by at least several years.<\/p>\n

\u201cThe House Democrats that campaign on supporting recreational cannabis voted against recreational cannabis so they can continue campaigning on this issue,\u201d Sen. Daryl Abbas (R), who led a state commission on legalization last year that failed to accomplish its task of crafting a legalization bill<\/a>, in an email to Marijuana Moment. \u201cClearly they are not interested in delivering results or being honest with their base.\u201d<\/p>\n

\u201cParticularly Rep. Sullivan, who has already vowed to file legislation supporting recreational cannabis next term,\u201d Abbas added, noting that Sullivan \u201cchampioned the efforts to kill the legislation\u201d and claiming that he \u201cfailed to participate on the commission he was appointed to draft legislation on this very subject.\u201d<\/p>\n

The advocacy group Marijuana Policy Project (MPP) echoed Abbas\u2019s sentiments in an email blast to supporters.<\/p>\n

\u201cLast year, he was a member of the interim cannabis legalization study committee, which crafted what became the backbone of the Senate\u2019s version of the bill,\u201d MPP said of the Sullivan, going on to assert that he \u201cfailed to show up for the vast majority of the meetings, or ask to be replaced, squandering an opportunity to make a better Senate bill.\u201d<\/p>\n

\u201cIt would have been far easier to convince a prohibitionist governor to shift to a less risky model,\u201d MPP\u2019s email said, \u201cthan to convince them to pass a bill from scratch.\u201d<\/p>\n

With Sununu not seeking re-election and two leading Republican candidates to replace him as governor already on the record as opposing legalization, many warn that the vote to table HB 1633, however imperfect, could delay legalization in the Granite State for years to come.<\/p>\n

Sullivan, for his part, takes umbrage at MPP\u2019s argument that he could have influenced the bill earlier on, arguing that the state commission on which he served consisted largely of prohibitionists who had no interest in legalizing marijuana.<\/p>\n

\u201cThat\u2019s totally the reason we ended up here. They never really were negotiating in good faith,\u201d he said, saying the commission was \u201cset up to fail from the beginning.\u201d<\/p>\n

\u201cIt was never set up to be successful,\u201d he contended. \u201cThey had two Democratic senators on there. One of them was the only Democratic senator who voted against legalization.\u201d<\/p>\n

As for claim that he failed to show up to commission meetings, he told Marijuana Moment that he works seasonally for UPS during the holiday season, in part because legislators in New Hampshire are not paid a salary. He says he told colleagues that they were free to replace him on the panel if necessary.<\/p>\n

\u201cThat\u2019s completely false,\u201d he said of MPP\u2019s claim he didn\u2019t ask to be replaced. \u201cI did say, \u2018I can be replaced if people want me to be replaced,\u2019 and they decided it wasn\u2019t necessary, because the only weeks I couldn\u2019t show up were, like, the last two or three weeks of it.\u201d<\/p>\n

Karen O\u2019Keefe, MPP\u2019s director of state policies, said she\u2019s skeptical.<\/p>\n

\u201cDid he ask the speaker to replace him, and\u2014if he says he did\u2014does he have proof? It\u2019s the speaker who makes the appointments,\u201d she said, adding that Sullivan \u201cobviously did not bother\u201d to secure his own replacement.<\/p>\n

\u201cHe wasn\u2019t there, so it\u2019s hard to say what he could\u2019ve changed if he\u2019d shown up and fought for a stronger bill,\u201d O\u2019Keefe continued. \u201cOr had he not taken up a seat at the table and let someone who would show up and be a fighter.\u201d<\/p>\n

Asked about the criticisms, Sullivan replied: \u201cReasonable people can come to different outcomes, and it doesn\u2019t say anything about their character or intentions. It\u2019s just sort of a different weighing of values.\u201d<\/p>\n

O\u2019Keefe, however, maintains that Sullivan\u2019s opposition to the final bill that failed last week was ill-founded, based more on a lack of information than reasonable disagreement.<\/p>\n

\u201cWhen I asked Rep. Sullivan what exactly he didn\u2019t like about the franchise bill, he said he didn\u2019t like the Liquor Commission controlling the look-and-feel of businesses and their names,\u201d she said. \u201cHowever, those were in the House bill he voted \u2018yes\u2019 on, not the franchise bill.\u201d<\/p>\n

\u201cI spent vast amounts of time working to make HB 1633 as strong as is viable and helped secure several improvements, in addition to being the lead drafter of the original bill,\u201d O\u2019Keefe continued. \u201cIt\u2019s maddening to see Rep. Sullivan kill it over its details, when he left his literal seat at the table empty.\u201d<\/p>\n

Sullivan stressed in the interview in Marijuana Moment that it\u2019s wrong to frame the bill as one that House lawmakers generally agreed with, noting that during earlier House committee and floor votes, the body repeatedly<\/a> passed<\/a> on opportunities<\/a> to make Senate-requested changes. House lawmakers of both parties said they disagreed with the Senate\u2019s approach.<\/p>\n

\u201cInstead of rushing to pass a bill that we all know is flawed, let\u2019s reject this amendment and insist on making better policies for our constituents,\u201d Rep. Heath Howard (D) said last month of Senate-made changes to the bill. \u201cWe will only get one chance to create a well regulated market for adult-use cannabis, and it\u2019s important we get it right.\u201d<\/p>\n

\u201cI know the vast majority of my constituents want legalized cannabis,\u201d Rep. Kevin Verville (R) added at the time. \u201cThey want it in New Hampshire and they want it sooner than later. But this is not the right approach for us.\u201d<\/p>\n

Even the bill\u2019s Republican sponsor, Rep. Erica Layon (R), initially opposed the Senate changes, though she ultimately urged colleagues to send the compromise bill to the governor.<\/p>\n

\u201cI fought against the franchise model because I think a freer market solution is better for New Hampshire, however I ultimately supported the compromise for one very important reason,\u201d Layon told Marijuana Moment in a statement. \u201cI believe that while the franchise model is necessary for the bill to pass this year, the state will ultimately pivot away.\u201d<\/p>\n

Sullivan has nevertheless become a lightning rod for criticism in the wake of last week\u2019s House vote to table the bill.<\/p>\n

Sen. Tim Lang (R), who sat both on the state commission last year and on this month\u2019s conference committee that negotiated the final bill, also suggested that House Democrats blocked the proposal to benefit themselves in the upcoming election.<\/p>\n

\u201cSince over half of the House Democrats voted against it, and legalization is literally in their platform, I think they saw a political path for November election campaigning that benefitted them,\u201d Lang told Marijuana Moment in an email, \u201cand chose politics over actually legalization.\u201d<\/p>\n

\u201cThis bill gave those who wanted legalization what they wanted,\u201d he asserted.<\/p>\n

Pressed on why he would blame Democrats in particular when the bill was sponsored, amended and championed by Republicans\u2014based on policy input from the state\u2019s Republican governor\u2014Lang responded that GOP lawmakers \u201cdon\u2019t have legalization in their party platform, like the NH Dems do.\u201d<\/p>\n

\u201cAgain, I think the Dems wanted to use this as a wedge issue in the coming election,\u201d he repeated. \u201cBy passing legalization now, it takes the topic off the table.\u201d<\/p>\n

Sullivan acknowledged that he sees legalization as a likely issue in the November election, though he emphasized that his vote to table HB 1633<\/a> was a response to the bill\u2019s substance and not a political gambit.<\/p>\n

He downplayed warnings from critics that former U.S. Sen. Kelly Ayotte (R) is leading in the polls. Ayotte has already said she\u2019d oppose legalization if elected.<\/p>\n

\u201cThere\u2019s so little polling, it\u2019s hard to know. It\u2019s just kind of a vibe,\u201d Sullivan said. \u201cBut my vibe is that it\u2019s going to be Joyce Craig versus Kelly Ayotte.\u201d<\/p>\n

Craig, a Democrat and three-term mayor of Manchester whose last term ended in January, recently sent out a press release in favor of legalization.<\/p>\n

\u201cThis is an issue that is going to help people,\u201d Sullivan said, presumably referring to Democrats, pointing to past polling showing 70 percent support for legalization among New Hampshire residents. \u201cI don\u2019t know what percent, but some people, it\u2019s their top issue. I don\u2019t know what percent, but some people, it\u2019s they\u2019re top issue.\u201d<\/p>\n

\u201cI think that could be the difference between a couple points,\u201d he added.<\/p>\n

\u201cPeople might be right,\u201d he acknowledged. \u201cWe might have Kelly Ayotte, and maybe Democrats lose seats coming up, but I think that\u2019s unlikely.\u201d<\/p>\n

Lang, the Republican senator, described marijuana legalization as \u201ca 3%ish issue\u201d\u2014meaning \u201cit could tilt an election by not more than 3% in either direction.\u201d<\/p>\n

Fueling the belief among some that House Democrats voted down the bill in order to benefit themselves politically, candidate Cinde Warmington tweeted last week that \u201cWhen I\u2019m governor, we\u2019ll stop this nonsense and finally legalize cannabis.\u201d<\/p>\n

Others who voted for the tabling motion, such as Rep. Alissandra Murray (D), listed numerous concerns with the bill, including its increased criminal penalties for some cannabis conduct, the restrictive natures of the franchise approach and its lack of automatic expungements and home grow protections.<\/p>\n

\n

2) This was not a legalization bill. It increased penalties for possession and public consumption. While it did decriminalize possession of an ounce, 3\/4oz is already decriminalized and no one is getting arrested for 1oz. That increase is insulting.<\/p>\n

\u2014 Alissandra Murray (@alissandra4mht) June 13, 2024<\/a><\/p>\n<\/blockquote>\n

\n

\u201cTo allow the state to tax and control the sale of a plant they have used to vilify and imprison the most marginalized for DECADES is utterly abhorrent,\u201d Murray wrote, adding: \u201cNext year, we will pass cannabis legalization that lets the free market thrive, promotes justice, and prioritizes access for our medical patients. And we will pass that legislation with a Democratic Governor and Democrat majorities in the House and Senate.\u201d<\/p>\n

While Sullivan has been the focus of criticism by Republicans and advocates such as O\u2019Keefe at MPP, other legalization advocates were glad to see the negotiated legalization proposal scrapped.<\/p>\n

Daryl Eames, founder of the New Hampshire Cannabis Association (NHCANN), had been pushing for lawmakers to reject the conference committee compromise, which he previously called a \u201cSoviet Weed\u201d bill that\u2019s \u201cwrong for New Hampshire,\u201d claiming senators had \u201cwarped it beyond recognition.\u201d<\/p>\n

Eames told Marijuana Moment that he thinks advocacy organizations such as Marijuana Policy Project and ACLU, which supported passage of the negotiated bill<\/a>, \u201cin some ways were selling out the state.\u201d<\/p>\n

\u201cThey wanted to check off this state\u201d as another legalization victory, Eames said, \u201cand it didn\u2019t seem to matter to them if there was 100 years of wreckage left behind.\u201d<\/p>\n

ACLU of New Hampshire, for its part, said in a press release<\/a> that \u201clegalization is not just a political squabble about economic benefits\u2014the war on marijuana has real-life impacts.\u201d<\/p>\n

\u201cPushing legalization off yet another year makes clear that lawmakers are willing to ignore the will of their own constituents and are okay with continuing to needlessly ensnare around a thousand people\u2014disproportionately Black people\u2014in New Hampshire\u2019s criminal justice system every year,\u201d Devon Chaffee, the group\u2019s executive director, said in a statement. \u201cWhile politicians argue, the impacts of these arrests will continue to ruin lives.\u201d<\/p>\n

Eames\u2019s own core objection to the proposal was the Liquor Commission\u2019s close involvement in the industry through the bill\u2019s franchise model, he said: \u201cAs soon as the Liquor Commission starts to come into the business, with its hands on plant-touching activities, that\u2019s a line that they should not be crossing.\u201d<\/p>\n

Asked what path forward he sees for legalization in light of the uncertain coming election, Eames said he thinks 16 senators should band together and come up with a workable legalization plan of their own. That would mean enough votes to overcome a governor\u2019s veto, and Eames thinks House lawmakers would likely sign off on such a proposal given their historical support of legalization\u2014the most recent vote notwithstanding.<\/p>\n

\u201cWe have 400 state reps, but we only have 24 senators. It\u2019s always been everything dying in the Senate, or now something so vile coming out of the Senate,\u201d he said. \u201cIt\u2019s time for 16 senators to stand with the people and to stop standing with the governor, with the party power structures.\u201d<\/p>\n

Is that what he\u2019ll push for next session?<\/p>\n

\u201cAbsolutely,\u201d Eames said. \u201cIt\u2019s what we should have been requesting all along.\u201d<\/p>\n

That level of agreement in the Senate would be unprecedented\u2014this session, for instance, marked the first time that a majority of senators voted in favor the reform at all<\/a>\u2014but Eames said if 16 senators did get on board with a reform plan it would allow \u201clegalization in the best way possible for the state of New Hampshire.\u201d<\/p>\n

Layon, for her part, told Marijuana Moment she\u2019s open to other lawmakers taking the lead on cannabis reform next session if they\u2019re willing to commit to digging into the details, as she did this year.<\/p>\n

\u201cAnything that we do we needs close attention and a focus on the policy details\u201d she said. \u201cIf there\u2019s somebody who can lead that charge and put in as much focus as I did, they will have my support.\u201d<\/p>\n

But the lawmaker noted it wouldn\u2019t be worth spending time and political capital on a legalization push \u201cif it\u2019s just a futile effort.\u201d<\/p>\n

\u201cIf we look and we can\u2019t count to 16 in the Senate\u2014which I don\u2019t think we will\u2014and if we have a governor who\u2019s clearly against it, I don\u2019t think it\u2019s worth the effort,\u201d she said. \u201cGroundhog Day is a great movie, but we don\u2019t need to relive the same cannabis story each year.\u201d<\/p>\n

Layon, who is up for reelection in November, also said she\u2019s ready to dive back into the issue when it\u2019s warranted.<\/p>\n

\u201cI\u2019ll hold onto the playbook,\u201d she said, \u201cand we\u2019ll move forward when we have a good chance at success.\u201d<\/p>\n

Lawmakers in the state 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 convened a 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

\n

New York Governor Links Illicit Marijuana Shop Crackdown To \u2018Dramatically\u2019 Increased Legal Sales, As Equity-Focused Activists Protest Administration<\/a><\/p>\n<\/blockquote>\n

\n

The post New Hampshire Lawmakers And Advocates Blame Each Other Over Marijuana Legalization Bill\u2019s Defeat<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


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New Hampshire lawmakers and marijuana reform advocates are pointing fingers at one another following the failure of a cannabis legalization bill last week. Some now accuse House Democrats of scuttling the measure in an effort to gain votes in November\u2019s election by campaigning on the unresolved\u2014and popular\u2014issue. The Democrat whoContinue 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],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/76467"}],"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=76467"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/76467\/revisions"}],"predecessor-version":[{"id":76468,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/76467\/revisions\/76468"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=76467"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=76467"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=76467"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}