N.H. cannabis policy voter guide released for 2022 General Election

New Hampshire is the only state in New England that hasn’t legalized and regulated cannabis for adults. Although the state House of Representatives has passed several legalization bills, they all died in the Senate. That could change in 2023. Every state Senate seat is on the ballot in 2022 — and eight of the 24 seats have no incumbents — giving voters an opportunity to elect a more responsive body.

Check out MPP’s cannabis policy voter guide to inform your votes. It includes background on state Senate and gubernatorial candidates, along with a link to the voting records of House incumbents.  

In at least 19 of the 24 New Hampshire state Senate races, one of the candidates has publicly supported legalizing cannabis for adults' use.

Election day is Tuesday, November 8. You can find your state Senate and House district — along with everything else that will be on your ballot — here. Due to redistricting, your districts may have changed since you last voted. For federal candidates, check out the Smoke the Vote voter guide from our friends at NORML.

If candidates on your ballot have not yet publicly taken a position on cannabis legalization, reach out to them and ask their opinion. And if you determine that a candidate is worthy of your support, be sure to thank the candidate for supporting cannabis legalization — you might also offer to volunteer, put a sign in your yard, or donate to their campaign!

N.H. Senate defeats legalization

On April 28, 2022, the New Hampshire Senate voted down a bill (HB 629) to make it legal for adults who are 21 or older to possess and grow small amounts of cannabis.

The “Live Free or Die” State will remain an island of prohibition — surrounded by jurisdictions where cannabis is legal — for at least another year.

Polling shows 74% of Granite State voters support legalizing cannabis. But, year after year, the Senate has ignored the will of voters and killed House-passed legalization bills.

2022 is an election year, so voters will have a chance to elect a new, more in-touch Senate. Be sure to sign up for our email alerts. We’ll send a voter guide as the election approaches.

Meanwhile, a Senate committee unanimously rejected a separate proposal (HB 1598) that would have legalized cannabis possession — but not home cultivation — while creating a state-run monopoly on retail sales. MPP urged significant amendments, explaining a state-run monopoly on cannabis sales is a poison pill that is extremely unlikely to get up and running due to federal law. The Senate agreed with the committee today, rejecting HB 1598 in a voice vote.

In addition to HB 629 and HB 1598, the legislature had several other proposals on legalization before it, which were defeated in the House. While New Hampshire lacks a citizen initiative process, lawmakers themselves can refer constitutional amendments to voters. The late, great Minority Leader Renny Cushing and others proposed voter referrals to legalize cannabis for adults (“CACRs”). They would require a 60% vote from both the House and Senate to place the measure on the ballot, then a full two-thirds of voters would have to sign on. Gov. Chris Sununu (R) — a prohibitionist — could not veto these measures. Unfortunately, all of the CACRs have stalled. However, HB 629 — a bill legalizing possession and home cultivation — is now in the Senate Judiciary Committee.

Although the Senate has repeatedly killed legalization bills in past years, and its composition got more unfriendly to reform in the 2020 elections —  it is getting increasingly difficult to ignore the overwhelming popular support. In May, a University of New Hampshire Survey Center poll found 75% support for legalization, with only 16% opposed.

N.H.’s decriminalization and annulment laws 

On July 18, 2017, Gov. Chris Sununu signed HB 640, a cannabis decriminalization bill, into law. The law reduced penalties for possessing three-quarters of an ounce or less of cannabis from a criminal misdemeanor to a civil violation punishable only by a fine (a summary of the law is here).

Then, in 2019, Gov. Sununu signed HB 399, which allows people who received misdemeanor convictions for possessing small amounts of cannabis prior to decriminalization to have their records annulled. 

MPP advocated for decriminalization in New Hampshire for more than a decade in advance of this victory. However, we know that this progress would not have been possible without the hard work of our many dedicated allies. In particular, we are grateful to attorney Paul Twomey, the ACLU-NH, the New Hampshire Liberty Alliance, and HB 640 sponsor Rep. Renny Cushing (who passed away on March 7, 2022) for their tireless efforts in support of sensible cannabis policy reforms.

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