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On Wednesday, May 11, the New Hampshire House of Representatives will take up a recommendation by the Criminal Justice and Public Safety Committee to amend SB 498 to reduce the penalty for possession of less than 1/4 ounce of marijuana to a simple violation. The Majority Report on Senate Bill 498 was voted Ought to Pass with Amendment 12-7.
If the House votes yes, it goes back to the Senate, which can concur/agree with the House version and it goes to the governor. Or the Senate can non-concur and the bill dies or the Senate can non-concur and ask for a conference committee. The conference would attempt to iron out a compromise that would then have to be approved by both houses and then go to the governor.
The big difference between the House and Senate – The Senate reduced a first possession from Class A misdemeanor (year in jail and $2,000 fine) to unclassified misdemeanor — which still carries a criminal record.
The House reduces first-time possession of up to 1/4 ounce to a violation — like a parking ticket, $300 fine, no criminal record.
The big compromise by the House is the reduction of the amount from 1/2 to 1/4 ounce, which would be the smallest amount of any state.
SB 498 signals an important agreement between the House and the Senate, and among stakeholders in substance misuse policy discussions, that New Hampshire needs to take a public health and harm reduction approach to the use of marijuana.
Currently, a criminal penalty accompanying a conviction for first-time possession of a small amount of marijuana can lead to a lifetime of harsh consequences. These may include denial of student financial aid, housing, employment, and professional licenses. SB 498, as amended by the CJ&PS committee, would make first-time possession of a small amount of marijuana, up to one-quarter ounce, a violation, subject to a fine of $300, instead of a misdemeanor crime subject to arrest, jail time, and a criminal record.
The amended bill only applies to first-time possession—second and subsequent offenses of possessing a small amount of marijuana could still be charged as a misdemeanor. Half the fines collected under the amended bill would be deposited into the fund to be used for drug and alcohol misuse prevention and education. The bill also provides that, in addition to paying a fine, a judge may order young people who are found to possess a small amount of marijuana to perform community service and may direct them to participate in alcohol and drug treatment programs.
This bill does not endorse the use of marijuana, nor ignore the problems that can be associated with its use. Instead, it suggests that limited law enforcement and court resources should be applied more wisely and in accordance with public opinion. A UNH/WMUR poll released in July 2015 indicated that 72 percent of Granite Staters support decriminalizing marijuana. SB 498, as amended by the committee, is a compromise that takes an incremental step toward reducing collateral damage done to people who use or experiment with marijuana.
It seeks to stop making criminals out of citizens by placing our marijuana laws more in line with voter opinion and the New Hampshire constitution, a common sense approach that will enable us to redirect resources to combat the scourge of opioids that is ravaging our state.
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Submitted to InDepthNH.com by Rep. Robert Cushing, D-Hampton, for the Majority of the Criminal Justice and Public Safety Committee.
