Gov. Hassan signs bill; N.H. becomes 19th state to pass medical marijuana law
It's official: a bill allowing seriously ill New Hampshire residents to use marijuana for medical purposes was signed into law by Gov. Maggie Hassan on July 23, 2013.
Unfortunately, Gov. Hassan insisted on several changes to the bill before she would agree to sign it. The House-approved version of the bill would have allowed qualifying patients to cultivate up to three mature plants or obtain marijuana from one of five non-profit, state-regulated alternative treatment centers, but Gov. Hassan surprised advocates in April by insisting on several major changes while HB 573 was being considered by the Senate. She informed senators that, in order to earn her signature, they must remove the home cultivation provision, gut the affirmative defense provisions, and require written permission from property owners or tenants before patients may use marijuana on private property. She also insisted that post-traumatic stress disorder (PTSD) be removed from the list of qualifying conditions.
This was a major change of position for Gov. Hassan, who voted for a bill allowing home cultivation of up to six plants as Senate majority leader in 2009. Unfortunately, legislators had little choice but to comply. The final version of the bill will eventually protect patients from arrest and allow them safe, legal access through state-regulated alternative treatment centers. However, it will likely take at least two years before four alternative treatment centers can be approved and begin serving patients.
A summary of the bill is available here.
Despite the bill's shortcomings, its passage represents a big victory for patients, as New Hampshire will finally become the last New England state to adopt a medical marijuana law. It’s about time — statewide polls conducted in February and April by the University of New Hampshire Survey Center both found that a whopping 79% of voters support allowing medical marijuana. Results are available here and here.
MPP’s work on this bill will not stop with Gov. Hassan’s signature. We will closely monitor the rulemaking and implementation processes, and we will do our best to make sure the program is implemented as swiftly and responsibly as possible.
This victory would not have been possible if not for the admirable and determined efforts of patients, activists, and our many champions in the legislature. We’d like to extend our deepest thanks to Rep. Donna Schlachman (D-Exeter), Rep. Ted Wright (R-Tuftonboro), Sen. John Reagan (R-Deerfield), and HB 573’s many other co-sponsors, as well as to all the legislators who have worked hard to make this bill as workable as possible for New Hampshire patients. Additionally, we remain particularly grateful to two former legislators who served as prime sponsors of medical marijuana bills in 2009 and 2012: former Rep. Evalyn Merrick and former Sen. Jim Forsythe.
MPP's Matt Simon and former Rep. Evalyn Merrick -- who sponsored medical marijuana legislation -- after the signing of HB 573.
House passes bill reducing penalties, considers several other marijuana policy reform bills in 2013
Gov. Hassan has said she opposes any form of marijuana decriminalization, but that didn’t stop the House from considering three bills that would have reduced or eliminated possession penalties in 2013.
HB 621, as amended, would have reduced the penalty for possessing less than one ounce of marijuana to a violation punishable by a fine of up to $200. Similar bills passed the House in 2008, 2010, and 2012, but Gov. John Lynch threatened to veto any such legislation, and the bills never earned support in the Senate. HB 621 passed the House by a decisive 214-115 margin March 21. Sadly, the Senate Judiciary Committee once again voted the bill “inexpedient to legislate” in a 5-0 vote.
HB 492 would have made marijuana legal for adults 21 and over, allowing individuals to cultivate up to six plants (three mature) for personal use and setting up a framework for taxing and regulating the production and sale of marijuana. This bill has been retained by the House Criminal Justice and Public Safety Committee for further study.
Finally, HB 337 would have entirely removed marijuana from the New Hampshire criminal code. Similar bills have been introduced in New Hampshire in the past, but none has received significant support from legislators. Surprisingly, this bill received 112 votes in the House, losing 239-112.
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