The following is a rundown of key cannabis policy reform bills pending in New Hampshire, along with their statuses, as of April 13, 2022.
Bills to Legalize Cannabis for Adults’ Use
HB 629 – legalizing possession and home cultivation for adults 21 and older (McGuire)
This bill would allow adults 21 and older to possess and share with other adults up to ¾ of an ounce of cannabis, five grams of hashish, and up to 300 mg of cannabis-infused products. Adults could also cultivate up to six plants (including up to three mature ones) at home in a secure location that is not visible from other properties and possess and process the cannabis produced from their plants at the same location.
Status: Passed the House of Representatives in a 241-113 vote on January 6, 2022; pending in the Senate Judiciary Committee
HB 1598 – legalizing possession for adults 21 and older and establishing a state monopoly on the sale of cannabis (Abbas)
This bill would establish a regulated market for cannabis that would be run by the state liquor commission. Licensed businesses would produce and manufacture cannabis, which could only be sold in state-run stores. MPP’s summary and testimony are available with more details. The bill would not legalize home cultivation of cannabis.
Status: Passed House floor (235-119) on February 16, 2022; re-referred to House Ways and Means Committee; passed House floor again (169-156) on March 31, 2022; referred to Senate Ways and Means Committee; hearing scheduled for April 20 at 9:00 a.m.
HB 1348 – legalizing possession and home cultivation for adults 21 and older (Egan)
This bill would eliminate penalties for possessing of up to one ounce of cannabis, five grams of hashish, and six cannabis plants (two of which may be mature) for adults 21 and older. It would not establish a regulated market.
Status: Laid on table (stalled), March 15, 2022
Other Reforms
HB 1400 – prohibiting law enforcement from using the scent of cannabis as probable cause for a search (Bouldin)
Status: Laid on table (stalled), March 15, 2022
Constitutional Amendments to Legalize Cannabis for Adults
If one of the following “Constitutional Amendment Concurrent Resolutions” received 60% support in both the House and Senate, it would have appeared on the ballot in November 2022. Amending the Constitution requires two-thirds majority support from voters.
CACR 20 – legalization (Cushing). Would add to the New Hampshire Constitution, “[Adult possession of cannabis.] All adults shall have the right to possess cannabis intended for their personal consumption.”
Status: House voted inexpedient to legislate (killing it), 214-121, March 15, 2022
CACR 34 – legalization (Adjutant). Would add to the New Hampshire Constitution, “[Cannabis Regulation Prohibited.] The general court of this state shall make no law infringing on the right to the use, sale, or cultivation of cannabis for persons over 18 years of age.”
Status: Laid on table (stalled), March 15, 2022
CACR 35 – legalization (Prout). Would add to the New Hampshire Constitution, “[Right to Cannabis.] All adults have the right to possess, use, and cultivate cannabis; subject to regulations or taxes on commercial activity as the general court may impose.”
Status: Laid on table (stalled), March 15, 2022
Note: Thanks to the New Hampshire Coalition for Common Sense Marijuana Policy, which created a document that included much of this information in advance of the January 20, 2022 hearings on many of the bills.
