CONCORD, N.H. – A cannabis legalization bill sponsored by both the Democratic and Republican leaders in the House died in the New Hampshire Senate on Thursday in what was a nearly party-line vote.
The bill, HB 639, would have established a legalized non-medical cannabis market in New Hampshire. It received committee amendments in the House before it passed that chamber 272-109 on April 6.
On Tuesday, the Senate Judiciary Committee recommended that the bill was inexpedient to legislate and that recommendation was adopted 14-10 before the full Senate, with only Keith Murphy (R-Manchester) joining with Democrats in opposition and only Lou D’Allesandro (D-Manchester) joining Republicans in supporting the motion to kill the bill.
D’Allesandro said that he had never been so caring about this issue as he had in any during his decades in the Senate, expressing concern for marijuana use among children that several Republican senators shared during Thursday’s discussion on the bill.
Rebecca Whitley (D-Hopkinton), one of the bill’s sponsors, repeatedly spoke against assertions that the bill would be harmful to children given that it only legalizes cannabis use for adults and smoking marijuana in public would be banned in places where cigarette smoking is already banned and municipalities could prohibit cannabis usage.
She added that the bill would also help New Hampshire’s minorities who are disproportionately targeted by the illegality of cannabis in the state and also echoed statements from other Democrats regarding increased safety of cannabis that is already being used and would recapture revenue being lost to neighboring states.
“Like alcohol prohibition a century ago, cannabis prohibition has been an abject failure,” said Whitley.
She also repeatedly stated data that legalization of cannabis in other states has decreased marijuana usage in children, however several Republicans focused on data showing health risks for children who use marijuana.
Carrie Gendreau (R-Littleton) also challenged those comments by Democrats regarding lost tax revenue and lost small business growth to neighboring states that have already legalized cannabis dispensaries, countering with stories of individuals who later used other drugs and concerns about the potency of marijuana on the market, difficulty for law enforcement testing drivers intoxicated by cannabis and the fact that it is still illegal at the federal level.
“If we’re able to get 75,000 (dollars) or 75 million, is that really worth a life? I don’t think we can put a value on a life,” said Gendreau.
Donna Soucy (D-Manchester) expressed concern over the fact that after almost an hour of debate, both sides claimed that polling data supported their point of view. She said that while in the past she was not an ardent supporter of cannabis legalization efforts and marijuana has never been “her thing,” she stated that what tipped her to not being an opponent now was concerns about unregulated marijuana usage now, with reports of black market marijuana being laced with fentanyl and other deadly drugs that are causing deaths across the state.
Soucy also noted the benefits seen from legalization of medical cannabis in New Hampshire, as well as revenue loss due to legalization in neighboring states and the fact that Granite Staters are already using cannabis in significant amounts regardless of whether it is regulated or not.
She noted that this argument has been going on for a long time and if the bill was not passed today that it will continue to be an issue, but eventually it will have to be addressed.
“I dare say we are not recognizing the reality of what’s already happening in our state,” she said.
After the vote, Senate President Jeb Bradley (R-Wolfeboro) released the following statement.
“Our state is facing an unprecedented drug crisis, with families across New Hampshire
bearing the heartbreaking consequences. The overdose epidemic has left our communities devastated, claiming the lives of
countless individuals who have fallen victim to the dangerous allure of illicit substances.
Tragically, we have even witnessed cases where unsuspecting individuals have lost their lives after consuming cannabis laced with fentanyl, a highly potent and deadly synthetic opioid.
We’ve also received lengthy testimony and reports expressing the dangers posed to children exposed to marijuana. Studies have shown that marijuana use during adolescence can have detrimental effects on brain development. According to a study
published in the Journal of the American Medical Association (JAMA), frequent marijuana use during adolescence has resulted in an average decline of 8 IQ points by mid-adulthood.
In the face of such a dire situation, it is essential that we remain steadfast in our commitment to combating this crisis and protecting our citizens from further harm. Recreationalizing marijuana at this critical juncture would send a confusing message,
potentially exacerbating the already perilous drug landscape and placing more lives at risk. Now is not the appropriate time to divert our attention away from addressing the pressing challenges posed by the drug crisis.
I acknowledge the concerns and aspirations of those who advocate for the recreational use of marijuana, but right now our focus should be on effective prevention, treatment, and recovery initiatives toward the drug crisis we’re currently facing.”
Whitley released the following statement.
“HB 639-FN-A is good public policy for New Hampshire because it reflects the lessons learned from the twenty-one other states that have legalized marijuana, and it also reflects New Hampshire’s priorities. Today’s failure to pass HB 639 means New Hampshire will continue to miss out on significant revenues, as our residents purchase their cannabis products in neighboring states, and will result in the continuation of significant harms caused by marijuana prohibition. Granite Staters have already waited long enough for cannabis legalization in our state, and the Senate majority intends to make our citizens wait even longer.”
Shannon Chandley (D-Amherst) released the following statement.
“It is regrettable that the will of the people was not upheld at the State House today when the majority of the Senate voted against the legalization of cannabis. HB 639-FN-A was a responsible, bipartisan piece of legislation that would have created a legal and well regulated adult use cannabis market here in the state. Although HB 639 did not pass the legislature today, I am sure that this debate will continue until a suitable resolution is reached. Our current policy is not working for our citizens and we, as legislators, must seek a solution reforming the law to legalize and regulate cannabis.”
Frank Knaack, policy director at the ACLU of New Hampshire, released the following statement.
“Today, the New Hampshire Senate continued their harmful, out-of-touch practice of killing bipartisan, broadly supported legislation to legalize marijuana. Pushing legalization off yet another year makes clear that these lawmakers are willing to ignore the will of their own constituents and are okay with continuing to needlessly ensnare over a thousand people — disproportionately Black people — in New Hampshire’s criminal justice system every year. We call on lawmakers in both chambers to use the rest of the legislative session to find a way to make 2023 the year the Granite State finally legalizes marijuana–because our war on marijuana undermines community safety, wastes taxpayer dollars, and ruins lives.”
On Friday, Governor Chris Sununu released the following statement.
uring my years as Governor, a bill to legalize marijuana in New Hampshire has never garnered enough bipartisan support to reach my desk. I have never vetoed legislation to legalize recreational marijuana. In 2017, I was proud to be the first Governor in New Hampshire history to sign legislation decriminalizing small amounts of marijuana so that no one would go to jail for simple possession. We expanded access to medical marijuana and provided a pathway to annul old convictions for marijuana possession.
In the past, I said now is not the time to legalize marijuana in New Hampshire. Across this country and in the midst of an unprecedented opioid crisis, other states rushed to legalize marijuana with little guardrails. As a result, many are seeing the culture and fabric of their state turn.
NH is the only state in New England where recreational use is not legal. Knowing that a majority of our residents support legalization, it is reasonable to assume change is inevitable. To ignore this reality would be shortsighted and harmful. That is why, with the right policy and framework in place, I stand ready to sign a legalization bill that puts the State of NH in the drivers seat, focusing on harm reduction — not profits. Similar to our Liquor sales, this path helps to keep substances away from kids by ensuring the State of New Hampshire retains control of marketing, sales, and distribution — eliminating any need for additional taxes. As such, the bill that was defeated in NH this session was not the right path for our state.
New Hampshire must avoid marijuana miles — the term for densely concentrated marijuana shops within one city or town. Any city or town that wants to ban shops should be free to do so. The state would not impose any taxes, and should control all messaging, avoiding billboards, commercials, and digital ads that bombard kids on a daily basis.
Never before has purchasing drugs on the black market been more dangerous. Marijuana and other drugs on the black market are being laced with fentanyl, posing significant risks to our citizens. By regulating the sale of marijuana in New Hampshire, the state will ensure our citizens are in a safer place.
This path:
- Allows the state to control distribution and access
- Keeps marijuana away from kids & schools
- Controls the marketing and messaging
- Prohibits marijuana miles
- Empowers towns to keep out if they choose
- Reduces access to poly-drugs
- Keeps it tax free to undercut the cartels who continue to drive NH’s illicit drug market
This is a long-term, sustainable solution for our state. I am supportive of legalizing marijuana in the right way — with this legislature — rather than risk a poorly thought out framework that inevitably could pass under future governors or legislatures. Should the legislature pass future legalization bills without these provisions in place, they will be vetoed. This is the best path forward for our state , and I stand ready and willing to work with the legislature so that we can deliver a legalization bill that is smart, sustainable, and retains the fabric and culture of our state.
On Friday, New Hampshire Democratic Party Chairman Ray Buckley released the following statement regarding Sununu’s statement.
“This move by Sununu ranks with the most blatant and crass political games this Governor has ever played. His sudden show of support for marijuana legalization is nothing more than political posturing, given that he waited until the Senate had already voted down the latest proposal. His last-minute grandstanding does not change the fact that he has not been proactive in driving policy that reflects the will of the majority of New Hampshire residents. This is a pattern of behavior from Governor Sununu. He repeatedly opts for political convenience over principled leadership, remaining conspicuously silent until after pivotal moments have passed. By the time he steps in, it’s too late for his words to have any real impact on policy outcomes. This is not leadership; it is political expediency of the worst kind.
New Hampshire deserves a Governor who does not wait on the sidelines, but instead leads from the front, aligning policy with the clear desires of our residents. The people of New Hampshire deserve better than a Governor who waits for others to make decisions before revealing his own stance.”
Frank Knaack of the ACLU of NH released the following statement regarding Sununu’s comments.
“We agree wholeheartedly that the core of marijuana legalization is about harm reduction, particularly for communities unjustly targeted by the war on drugs that get needlessly ensnared in New Hampshire’s criminal legal system every year. The ACLU of New Hampshire views marijuana legalization as a key part of building safer and more just communities – and so we once again would support legislation like this, as we did last year when it was the primary bill to legalize marijuana. With the Governor’s clear commitment to signing such legislation, we urge lawmakers in both chambers to make 2023 the year the Granite State finally legalizes marijuana.”
