N.H. House passes decrim (again); state finally begins issuing medical marijuana ID cards

 

Last update: March 14, 2016

 

New Hampshire has a great opportunity in 2016 to join the rest of New England by decriminalizing marijuana possession. The effort got off to a strong start when HB 1631, sponsored by Rep. Adam Schroadter (R-Newmarket), passed the House by a voice vote on March 10. This sensible bill would have reduced the penalty for possessing up to one-half ounce of marijuana from a misdemeanor to a violation.

If you live in New Hampshire, please send your senator an email in support of this bill today!

Similar bills have passed the House on six previous occasions dating back to 2008, but they have all been killed by the Senate. Last year, the Senate held a heated debate over a similar bill on the last day of its session, but senators were not able to agree on a compromise, and the bill was “tabled.” As a result of this setback, possession of up to one ounce remains punishable by up to a year in jail or a fine of up to $2,000.

While some politicians continue to oppose sensible reforms, public opinion continues to turn strongly against the prohibition of marijuana. In March, new polling from the University of New Hampshire Survey Center found that 62% of Granite Staters support legalizing marijuana, while only 30% are opposed. Despite this strong public support, the House killed two bills in 2016 that would have regulated marijuana for legal adult use.

For a detailed analysis of how a criminal record can have far reaching effects for New Hampshire residents, check our report, Marked for Life: Collateral Sanctions Associated with Marijuana Offenses in New Hampshire.


State finally issues first ID card to a patient; four dispensaries expected to open in 2016

 

On July 23, 2013, Gov. Maggie Hassan signed a bill allowing seriously ill New Hampshire residents to use marijuana for medical purposes. Unfortunately, before doing so, she insisted on several changes. As a result, As a result, the rollout of the program was beset by delays. MPP’s Matt Simon described the situation — and the frustrations felt by patients — in “Confusion, Delays, and Continued Arrests,” a report issued on the two-year “anniversary” of the signing of HB 573.

In November 2015, the Department of Health and Human Services began allowing patients to pre-register for medical marijuana ID cards. Despite the fact that patients were still being arrested in the state, the AG’s office argued that patients should not be able to obtain ID cards (which would protect them from arrest) until the first dispensary was ready to open. A terminally ill lung cancer patient, Linda Horan, became the first patient to receive an ID card in December after she sued the state and won, and she was able to visit a dispensary in Maine to obtain cannabis legally. MPP was proud to have supported this lawsuit, and we are grateful to Linda, her attorney, Paul Twomey, and Rep. Renny Cushing (D-Hampton) for their efforts on behalf of all New Hampshire patients.

On June 9, 2015, the Department of Health and Human Services announced that three applicants had received approval to operate four dispensaries (known as alternative treatment centers or ATCs) in the state. The dispensaries are expected to open in 2016. You can read more about the program and access application forms at the department’s website.

A summary of the law is available here.

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MPP’s Matt Simon and former Rep. Evalyn Merrick — who sponsored medical marijuana legislation after the signing of HB 573 in 2013.


N.H. House makes history, votes to legalize and regulate marijuana

 

On January 15, 2014, the New Hampshire House of Representatives voted 170-162 to approve a bill that would legalize, tax, and regulate marijuana for use by adults in the “Live Free or Die” state. This was the first time any state legislative chamber has approved such a bill.

Unfortunately, Gov. Maggie Hassan said she would veto the bill if it reached her desk. “I just think it’s the wrong message to send to young people,” she explained. The bill failed to pass the House on a second vote after the governor’s veto threat.


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Pending Legislation