In cowardly move, Senate tables medical marijuana legislation

After all of this year’s positive news, it is with a heavy heart that we report that the Senate decided to table H.B. 442 instead of voting on it, likely killing the bill for the year. The Senate’s action follows a heartless veto threat by Gov. John Lynch (D), who also vetoed similar legislation in 2009. A thank you to those senators that supported us, but were not able to record that support in a floor vote, including Senate sponsor Jim Forsythe, Senators Andy Sanborn, Tom Deblois, and Molly Kelly, who voted for the bill in committee, and Sen. Ray White, who gave a moving floor speech in support of the bill. Please email your senator today to support H.B. 442.

This year, in a legislature with a Republican supermajority, you helped H.B. 442 pass the House overwhelmingly, 221-96, get approved by the Senate Health and Human Services Committee, and expand our Senate support. This year proved compassion is not a partisan issue: At least 52.8% of House Republicans present voted for the bill. Because of your calls, emails, and legislative meetings, the amazing leadership of Reps. Evalyn Merrick (D-Lancaster) and Phil Greazzo (D-Manchester), Kirk McNeil, Matt Simon, and NH Compassion, New Hampshire has come to the brink of passing medical marijuana legislation. Do not be discouraged — we have made amazing progress and we’ll keep on fighting. Thank you all for your support.

This was not the first attempt to pass medical marijuana in New Hampshire. In 2009, we came within a hair’s breadth of passing medical marijuana legislation. On July 10, Gov. John Lynch (D) vetoed H.B. 648, which had passed both chambers by strong margins, even after advocates made changes specifically to assuage his concerns. On October 28, 2009, the General Court narrowly failed to get the two-thirds majorities it needed to override Gov. Lynch’s veto. The override passed in the House, 240-115, but came up two votes short in the Senate, 14-10.

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 Nmamber@mpp.org to see how you can be of special help. Please include your address or nine-digit ZIP code. 

Decriminalization and Tax and Regulate Bills Considered in 2010

In 2010, the New Hampshire House passed H.B. 1653 (213-137), which would have decriminalized possession of up to ¼ 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.

H.B. 1652, a bill based on MPP’s model bill that would tax and regulate marijuana for adult purchase and use, also progressed. The House Criminal Justice and Public Safety Committee came only two votes shy of advancing the bill outright 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.

The General Court also passed H.B. 1373, which established another House committee to study the effects of New Hampshire’s drug laws on state, county, and local communities, including marijuana possession and usage rates, and costs of incarceration, welfare, and law enforcement. 

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 again next year. You can read more about New Hampshire’s marijuana laws in this report by economist Jon Gettman, Ph.D.

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