Marijuana Policy Project

PORTSMOUTH — While Gov. John Lynch continues to deliberate the fate of the medical marijuana bill passed by the Legislature last week, opponents and proponents of the measure hope Lynch is listening to them.

"Calling it medicine doesn't make it so," said Portsmouth Chief of Police Michael Magnant. "It's not FDA-approved and there's no quality control. It leads to higher drug use and it impairs driving. I think it sends the wrong message to our kids."

Magnant stands by the opposition to the bill by the N.H. Association of Chiefs of Police, which he said has shared its law enforcement concerns with Lynch.

Sen. Martha Fuller Clark, D-Portsmouth, was a co-sponsor of the bill that was amended last week and would allow patients with debilitating illnesses to possess and use small amounts of marijuana. She said the House-Senate conference committee crafted a bill that narrowed the scope of delivery and increased oversight by the state Department of Health and Human Services.

In particular, Fuller Clark pointed out that lawmakers changed provisions that would let patients grow marijuana at their homes; now they would go to "compassion centers," not-for-profit organizations that would be required to receive state certification.

"This is an enormous change that should address the law enforcement concerns about homegrown (marijuana) plants falling into the wrong hands," Fuller Clark said. "There are safeguards at every stage."

The medical marijuana bill, which passed the Senate by a 14-10 vote and by 232-108 in the House, allows for up to three compassion centers, although language allows for up to five centers after two years; it is expected that some 150 terminally ill and acute-care patients would be served per year.

Lynch has not said when he will sign — or if he will veto — the bill. The governor is reviewing the legislation, according to spokesman Colin Manning.

"He continues to have strong concerns about the system of distribution proposed in the bill," Manning said.

A New Hampshire-based think tank said Lynch should veto the bill on fiscal grounds.

"We call on Governor Lynch to veto this bill because of the severe fiscal impact it will have on the state budget should it be signed in to law," said Kevin Smith, the executive director of Cornerstone Policy Research-Action. "At the very least, state administrators predict a cost of $250,000 to administer the program which includes the creation of a new position within DHHS, at a time when the governor is considering furloughs or layoffs."

Another local lawmaker and co-sponsor recently told the Herald she had changed her opposition due to the medical evidence and the focus of lawmakers to make the bill as narrow as possible. "If you get the politics out of it, hopefully people can see this law will be, I believe, the most restrictive in the country," said Rep. Trinka Russell, D-Stratham. "This is about helping people who are really sick to deal with severe pain and nausea. This should be about a physician and a patient working together."

If Lynch signs the measure into law, New Hampshire will become the 14th state allowing medical marijuana and the fourth state to license dispensaries. But it's not a legal or medical distinction that Magnant thinks the state should have. He said efforts in other states such as California have turned out to be "a joke."

Fuller Clark said she hopes Lynch knows what's most important about the law.

"I hope he would see the enormous difference this will make to individuals in an acute medical situation," she said. "This provides them a measure of compassion."