New Hampshire did not legalize cannabis in 2023, but it has been a very eventful year for cannabis policy reform efforts. Let’s start with the one cannabis bill that did become law, HB 611. After being amended by the House and Senate and signed by Gov. Chris Sununu, the final version of this bill addressed three cannabis policy topics:
- “Severe Pain” Qualifications – It is now easier for patients to qualify for therapeutic cannabis with a “severe pain” diagnosis. HB 611 removed the requirement that severe pain be resistant to other treatment options in order to be considered a qualifying medical condition for therapeutic cannabis. As a result, patients are no longer required to try opioids or surgical measures before being certified for therapeutic cannabis to treat severe pain.
- Hemp-Derived THC – HB 611 also closed a loophole in the state’s hemp law, clarifying that sales of unregulated hemp-derived THC products such as Delta-8 THC are not legal in New Hampshire. Independent lab testing has identified many contaminants in THC products derived from hemp. For patients who find Delta-8 THC products beneficial, we strongly recommend obtaining them from a regulated source. (Our menu includes Delta-8 capsules, fruit chews, tinctures, and vapes.)
- Study Commission – Finally, HB 611 created a study commission to consider “state-controlled sales of cannabis.” The commission met several times this fall, but it did not ultimately reach agreement on a plan to legalize cannabis in 2024. As a result, the future of cannabis policy in New Hampshire remains uncertain.
If you’d like to read the full text of HB 611, it is available here.
Here are a few news links if you’d like to read more about the study commission’s deliberations:
- NHPR: “NH marijuana commission fails to find consensus for a legalization policy”
- Keene Sentinel: “Future of NH pot policy ‘clear as mud’ after commission finishes work”
- New Hampshire Bulletin: “Sununu cannabis non-negotiables? 15-store cap, ban on lobbying by licensees”
- Marijuana Moment: “New Hampshire Marijuana Legalization Commission Fails To Reach Consensus, Votes Against Recommending Bill For 2024”
Updates from Elsewhere
While New Hampshire policymakers continue to grapple over legalization, it has been another newsworthy year for cannabis policy in the United States. Fortunately, most of the headlines have been positive. For example, Ohio recently became the 24th state to legalize adult-use cannabis, and in August, the U.S. Department of Health and Human Services recommended that cannabis should be rescheduled to Schedule III.
Unfortunately, there has also been some concerning news in our region. In Maine, the Office of Cannabis Policy collected samples from 120 medical cannabis caregivers and dispensaries and had them tested by independent labs. Alarmingly, they reported that 50 of the samples (42%) would have failed lab testing for at least one contaminant. Unlike Maine, New Hampshire requires independent lab testing for every batch of therapeutic cannabis that is sold by ATCs.
16% Potency Limit for Therapeutic Cannabis?
The 2024 legislative session will begin in early January, and several new cannabis policy bills have already been made public. Most of these bills would make positive changes, such as legalizing home cultivation for registered patients and caregivers (HB 1231). There are also several bills aimed at expanding the list of qualifying conditions.
Unfortunately, not all bills are favorable. There is one bill in particular that we believe will be of great concern to many patients: SB 419. This bill would impose a limit of 16% THC for all therapeutic cannabis products.
If you have been benefitting from your use of therapeutic cannabis products that are over 16% THC, please feel free to write your elected officials and politely express your opinion on SB 419. You can find contact information for your state legislators here by selecting your town in the drop-down box.
We will share a complete update on 2024 legislation after all the bills have been introduced.
