New Hampshire’s Republican and Democratic House leaders — Reps. Jason Osborne (R) and Matt Wilhelm (D) — have filed a bill to legalize and regulate cannabis for adults 21 and older. The bill was crafted by a broad coalition of civil rights and policy organizations, industry representatives, and cannabis policy advocates. Here are key provisions:

Adult-Use Possession: Freedoms and Limitations

• Adults who are 21 and older would be allowed to possess up to four ounces of cannabis and to securely cultivate up to six plants at home (three could be mature).  
• Smoking cannabis in public would be punishable by a civil fine of up to $50. 
• Cannabis could not be smoked or vaped in a moving vehicle. 

State Regulation and Licensing of Cannabis Businesses, Fostering Small Businesses 

• A new Cannabis Commission — advised by an Advisory Board of stakeholders —  would regulate and license retailers, cultivators, product manufacturers, and labs. 
• The commission would develop rules governing security, health and safety, labeling, and advertising. Consumers would receive handouts on the risks of cannabis.  
• Promotessmall businesses. Avoids barriers to their success, such as excessive fees, licensing caps with competitive scoring, and requiring property upfront. Prevents oligopolies by placing caps on the number of businesses one can invest in.
• Creates a Cannabis Business Development Fund to foster cannabis business ownership by veterans, small farmers, and those most impacted by prohibition.

• Allows ATCs to apply to also serve adult-use consumers if they meet requirements including prioritizing patient access. ATCs must pay a $100,000 fee to help fund the Cannabis Business Development Fund, Justice Reinvestment, and regulatory costs.
• Localities could enact regulations and licensing requirements, limit the number of cannabis businesses, or ban them altogether. They could not ban delivery.

Limited Non-Discrimination Protections 

• A person could not be denied organ transplants, child custody, government benefits, professional or occupational licenses, or state or local jobs based on state-legal, responsible cannabis use. Private employers would not have to change their policies.

Taxation, Fees, and Distributing the Revenue

• Applies 8.5% Meals and Rooms Tax to adult-use cannabis sales (not medical).
• The revenue — after administrative costs — would be distributed to unfunded pension liabilities (70%), a new Substance Abuse Prevention and Recovery Trust Fund (10%), helping small farmers, veterans, and impacted communities succeed in the industry and Justice Reinvestment (10%), municipalities with retailers (5%), and training first responders to address detect impaired driving and respond to drug overdoses (5%).

Annulment and Resentencing for Past Convictions

• Automatically annuls past cannabis possession records and dismisses pending charges. 
• Creates a sentence-review process for cannabis convictions. Allows release from cannabis sentences (including probation) if doing so is in the interests of justice.  

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