Last week, we thought the legalization bill (HB 1633) couldn’t get much worse in the N.H. Senate. Unfortunately, some senators had other ideas. The Senate passed HB 1633 late last night after adopting more amendments, including an amendment that would maintain current penalties for possession until 2026.
The next step will be a vote in the House next Thursday, May 30, on whether to concur with the Senate’s amendments. If the House does not concur, they can request a “committee of conference” and attempt further negotiations with senators.
Please write and/or call your representative(s) and urge them to stand up for the House’s position on HB 1633! You can find their contact info here. Here’s a sample script that you can personalize and use:
Dear Representative ____________,I am a registered patient with the Therapeutic Cannabis Program, and I am writing to express my concerns regarding the Senate’s amendment to the legalization bill, HB 1633. Patients should be able to purchase cannabis products tax-free at any store in the state. New Hampshire doesn’t tax medications, so there is no justification for imposing a 15% tax on cannabis that is intended for therapeutic use.
The House’s version of HB 1633 would exempt patients from taxation. Please reject the Senate’s amendment and fight for better cannabis policies.
Thank you,
____________
Key Differences Between House and Senate Versions
Now that the Senate has returned the legalization bill to the House, here is a brief overview of some key differences between the Senate’s version and the House’s version:
- The Senate’s version would not exempt patients from the 15% “franchise fee” when they make purchases at retail stores. The House’s version would exempt patients from the 10% “agency fee.”
- The Senate’s version would not eliminate penalties for cannabis possession (up to 2 ounces) until January 2026. The House’s version would eliminate possession penalties (up to 4 ounces) “effective upon passage.”
- The Senate’s version includes a “Cannabis Control Commission” that is stacked with likely opponents and would have veto power over all rules for the program. The House’s version includes a balanced “Advisory Board” that would consult with the Liquor Commission during the rulemaking process.
- The Senate’s version would give the Liquor Commission “primary responsibility for enforcing all cannabis laws” statewide, including laws against home cultivation and public consumption. The House’s version would not do this.
- The Senate’s version would establish a new criminal penalty for 2nd offense smoking or vaporizing in public. It would also establish a new criminal penalty for drivers or passengers who “consume, smoke, or vaporize cannabis… in a motor vehicle,” which would make it a crime for a passenger to ingest an edible cannabis product. Registered patients would not be exempted from these new criminal penalties. The House’s version would not create these new criminal penalties.
Bills That Have Passed Both House and Senate
Looking on the bright side, some good cannabis policy bills have passed both the House and Senate and may be on track to become law:
- HB 1349 (Howard) would add generalized anxiety disorder as a qualifying condition for therapeutic cannabis. (Passed Senate in voice vote, will proceed to governor’s desk.)
- HB 1278 (Thomas) would allow therapeutic cannabis certifications for any medical condition or symptom if the provider believes the potential benefits outweigh the risks for the patient. (Passed Senate in voice vote. Amended to include language from another bill dealing with funding for food and nutrition programs. Will return to House for concurrence vote.)
- HB 1581 (Vail) would allow ATCs to operate a second cultivation location, which could be a greenhouse. (Passed Senate in voice vote, will proceed to governor’s desk.)
Additionally, the House amended SB 419 into a home cultivation bill (attaching the language of HB 1231) and sent it back to the Senate.
Unfortunately, these bills are no longer alive:
- HB 82 (Vail) would establish employment protections for registered patients, prohibiting employers from firing a patient solely on the basis of a positive drug test. (Referred for “interim study” by Senate.)
- HB 1231 (Thomas) would permit qualifying patients and designated caregivers to cultivate cannabis for therapeutic use. (Referred for “interim study” by Senate.)
- HB 1350 (Howard) would increase the possession and 10-day purchase limit for patients and caregivers from 2 ounces to 4 ounces. (Referred for “interim study” by Senate.)
- HB 1539 (Wheeler) would allow for automatic annulment of past convictions for cannabis possession. (Referred for “interim study” by Senate.)
Thank you for taking time to read this long blog post. If you haven’t already done so, please write your representatives and urge them to stand up for the House’s version of the legalization bill!
