NH House passes marijuana legalization measure

The NH House of Representatives passed a bipartisan bill Thursday that would allow adults to buy marijuana at 15 retail stores across the state.

House Bill 1633 passed, 239-141. It still must be considered by the state Senate.

New Hampshire is alone in New England in not fully legalizing cannabis for purchase by adults, other than by medical prescription. In 2017, the state reduced penalties for possessing small quantities.

Rep. John Hunt, R-Rindge, spoke in favor of the bill, telling lawmakers it represents a conservative approach, or “baby steps.” He also said it embodies disparate views and is “a well-balanced compromise.”

He noted that the House Commerce and Consumer Affairs Committee, which he chairs, recommended in favor of it by a 17-3 vote.

Also backing the bill was Rep. Erica Layon, R-Derry, who said many people in the state already smoke marijuana, and suggested the number of people who use the drug likely wouldn’t increase much if it were legalized.

She voiced concern about people buying marijuana on the illicit market. “And they’re buying product that is contaminated by fentanyl because of poor product handling. We have people dying from that.”

Rep. Jonah Wheeler, D-Peterborough, was a co-sponsor of the bill but voted against it after it was changed by an amendment. He objected to some of the new provisions, including the limit on the number of stores.

He said big corporations could monopolize those stores, leaving consumers with “overpriced and under-quality” products.

“Why would they stay and buy something here in New Hampshire, if they could cross the border so easily to buy something cheaper, better and with more variety?” he asked.

Wheeler also objected to stricter penalties for a third violation for smoking or vaping marijuana in public. In the original version of the bill, the penalty for this would be a fine, while in the amended version it would be up to a year in jail.

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Rep. Lilli Walsh, R-Hampstead, also spoke against the measure, which includes a tax on a cannabis store’s revenue.

“It prioritizes tax profits over public health and youth safety,” she said. “Our children are worth more than tax profits. And my friends, this is a new tax, and taxation is theft.”

Under HB 1633, it would still be illegal to provide cannabis to anyone under 21. Driving under its influence would remain illegal. Marketing and advertising to the general public would be prohibited.

The number of retail outlets would be limited to avoid so-called “marijuana miles” where pot stores might proliferate. Towns and cities would have control through the local ballot on whether to allow a store. No more than one store per 15,000 people would be allowed in a municipality.

The state would license these outlets and could eventually consider expanding beyond the initial 15 stores to reflect market demands.

A 10% state tax would be imposed on a marijuana store’s monthly gross revenue, with 65% of that money going into a state fund in support of public education. Other money would go to a state substance abuse and treatment fund, investments to improve communities, municipal aid, public safety and the state health department.

It’s not clear whether this legislation has a better chance for passage than previous legalization bills the Senate has voted down in past years. If the Senate were to pass it, Gov. Chris Sununu would decide whether to sign it into law.

Sununu, a Republican, has long been an opponent of legalization. But last year, he said he could now support it under certain circumstances, and acknowledged many Granite Staters would like to see the change.

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Rick Green can be reached at rgreen@keenesentinel.com or 603-355-8567.

These articles are being shared by partners in The Granite State News Collaborative. For more information visit collaborativenh.org.