New Hampshire

Last Update: May 16, 2012

N.H. House, Senate approve medical marijuana!

In another powerful affirmation of medical marijuana’s bipartisan support, the Republican-dominated House passed SB 409 in a 236-96 vote on April 25. The House approved the bill a second time May 16 in a 228-91 vote, and the bill will now return to the Senate for a concurrence vote, which must take place by May 24.

On March 28, the Senate voted 13-11 to approve New Hampshire’s medical marijuana bill, SB 409. With this vote, the New Hampshire Senate became the first Republican-led state senate in the nation to pass an effective medical marijuana bill.

Unfortunately, Gov. Lynch has said he will veto the bill. Because of Gov. Lynch’s veto threat, we must convince three additional senators to support SB 409 in order to override the potential veto. Several senators who voted “no” on the bill are not certain in their opposition, and we are very optimistic about gaining support from additional senators as we continue moving this bill through the process. Please contact your senator today to either say “thank you” or ask “why not?”

Medical marijuana is widely supported by the New Hampshire public, even as Gov. Lynch and some legislators lag behind. A 2008 Mason-Dixon poll showed that 71% of New Hampshire voters (including majorities of Republicans, Democrats, and independents) support allowing seriously ill patients to use and grow doctor-recommended medical marijuana for personal use.


Are you a patient?

If you are supportive and are a medical professional, a seriously ill patient who might benefit from medical marijuana, a law enforcement official, a clergy member, or a member of the legal community, or you know someone else that is, please email msimon@mpp.org to see how you can be of special help. Please include your address or nine-digit ZIP code. 


Decrim passes House by one vote!

Updates on two other marijuana policy reform bills in 2012:

HB 1526, a decriminalization bill that would reduce the penalty for possessing less than half an ounce of marijuana to a violation, passed the House in a 162-161 vote on March 8! The reduced penalty would apply only for the first two offenses; third and subsequent offenses would remain class A misdemeanors, punishable by a year in jail and a fine of up to $1,000. HB 1526 now moves on to the Senate.

In 2010, the New Hampshire House passed HB 1653 (213-137), which would have decriminalized possession of up to a quarter ounce of marijuana, replacing arrest with a civil fine of up to $200 and forfeiture of the marijuana. Under a veto threat by Gov. Lynch, the Senate Judiciary Committee voted 5-0 that the bill was “inexpedient to legislate,” and the Senate killed it in a voice vote.

HB 1705 would have allowed the purchase and use of marijuana by adults, regulating the purchase and use of marijuana and imposing taxes on the wholesale and retail sale of marijuana. This bill fell one vote short of being approved by the House Criminal Justice and Public Safety Committee (motion failed 8-9). On March 8, the full House voted the bill down in a 228-89 vote. The good news is that 89 representatives went on record in favor of taxing and regulating marijuana!

A similar bill was nearly approved by the House Criminal Justice and Public Safety Committee in 2010. The Committee came only two votes shy of approving HB 1652 and sending it to the House floor before it overwhelmingly recommended the bill for subcommittee interim study (which the full House upheld, 272-76). The study subcommittee met and then voted 2-2 on a positive report, but on October 13, the full committee killed the bill by voting 15-2 to not recommend it for future legislation in 2011.


Learn more about New Hampshire’s marijuana laws

Did you know New Hampshire has the third-highest penalties in the nation for possession of just under one ounce of marijuana? In 2007, there were 2,803 arrests for marijuana possession: 85% of all arrests in the Granite State. All this in a state that sells alcohol — which is far more dangerous than marijuana — at state-run liquor stores! If you agree that this hypocrisy must stop, write a letter to your legislators asking them to consider decriminalizing possession of small amounts of marijuana. You can read more about New Hampshire’s marijuana laws in this report by economist Jon Gettman, Ph.D.


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Marijuana Policy Project
236 Massachusetts Ave. NE, Suite 400
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202-462-5747
info@mpp.org