Marijuana Policy Project

Legislature to hold override vote in the fall

Gov. John Lynch on Friday vetoed legislation that would have legalized medicinal marijuana.

The bill passed the New Hampshire House, 232-108, and the Senate, 14-10. The bill would have allowed chronic pain patients to receive up to two ounces of "usable" marijuana every 10 days, with a doctor's recommendation.

Rep. Anthony DiFruscia, R-Windham, who voted in favor of the bill, said he wasn't at all surprised by Lynch's decision.

"If you can't stand the heat, get out of the kitchen," DiFruscia said. "It seems to me that he just can't stand the heat, and isn't willing to make the difficult decisions."

For DiFruscia, the decision to legalize marijuana for medicinal purposes is an obvious one. New Hampshire is lagging behind the 13 states, including neighboring Vermont and Maine, which have already approved it for medical use, he said.

"Because somebody abuses it (marijuana) doesn't mean it's improper," DiFruscia said. "You can look at all kinds of medications that fall under the same category."

But Sen. Maggie Hassan, D-Exeter, said Lynch has expressed concerns about the bill from the beginning.

"The governor has been consistent throughout the legislative process in that he shared the goal that people with certain illnesses should have access to medicinal marijuana, but he's been concerned with the specific ramifications of the bill," Hassan said yesterday.

Lynch said his decision to veto the bill was based on his feeling that it "does not contain clear provisions regarding a licensing process or standards."

But the bill states that "compassion centers," or nonprofit state- registered agencies, would be the only locations permitted to produce and supply the drug. The bill also required patients and designated caregivers to possess a valid registry identification card in order to receive the drug.

"A few days ago, he said he hadn't even read the bill yet, and now he's acting like he's an expert on it," said Matt Simon, executive director for the New Hampshire Coalition for Common Sense Marijuana Policy. "I hope the Legislature is outraged by his lack of leadership."

For Simon, the biggest disappointment is that chronically ill patients, some of whom risk arrest by using the drug illegally, won't be able to receive the treatment they deserve.

"It shouldn't be that difficult for people to take care of their pain," Simon said.

But the New Hampshire Coalition for Common Sense Marijuana Policy hasn't given up hope just yet.

Simon said the nonprofit organization hopes to sway legislators before a vote this fall to override Lynch's veto.

An override would require a two-thirds majority in the House and two more votes in the Senate.

Simon said an override may be possible — as long as New Hampshire citizens make their support of the bill known.

"I think the people that need it should have it," Craig Cherbonneau of Derry said yesterday. "They should override the veto and I'll support it."

Tracy Lavigne, 23, of Derry expressed a similar view.

"If you can take something like that that's from nature, versus something synthetic that's produced in a lab, why wouldn't you?" Lavigne said.

Despite the bill's widespread support, DiFruscia isn't optimistic.

He said he thinks Lynch's veto will hold a lot of weight in the House's final decision.

"Obviously, I think the veto will be sustained," DiFruscia said. "But I think that we really have to look at some very serious changes in the future."