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Law New Hampshire

New pot law goes into effect Saturday
Local police departments still waiting for clarification from state about handing new infractions

New Hampshire's new marijuana law goes into effect Saturday.

Under the new law, signed by Gov. Chris Sununu in July, possession of three-quarters of an ounce of pot or less will result in a $100 fine, not an arrest.

Police departments have had about 60 days to prepare for the change, and some local departments say it's not enough. While the penalty part of the law is clear, process for handling the charge is not.

"The difficult part is this law mandates a complex new process to handle this one charge differently than any other in any other law," according to President of the New Hampshire Association of Chiefs of Police Andrew Shagoury.

Atkinson police Chief Albert Brackett echoed his sentiment.

"There's some conflicting information in the law," Brackett said. "It will be difficult for us to enforce."

Derry Police Capt. Vern Thomas also found the new law convoluted.

"There seems to be some issues in the new statute that are a challenge for law enforcement," said Thomas. "I haven't seen anything really positive at this point, besides for the person in possession."

Brackett agreed with the ambiguity of determining the specific amount of marijuana.

"The law is very complex and complicated," said Brackett. "It makes it more difficult for the officers on the street to do their job...(the law is) not written very well and not very well thought out."

Thomas and Windham Capt. Mike Caron both said that there has also been confusion with who will pay for the new cost to the departments that the law brings. As officers are now required to write a specific summons for marijuana violations, kept separate from a normal arrest, this will bring new cost to the department.

Caron said the issue is still in discussion with the state and there has been no resolution to his knowledge.

"(60 days) didn't give enough time to look at it and make logical decisions on how the statute should read," said Thomas. "There are several things being addressed right now that don't seem to make sense."

Hampstead Chief Joseph A. Beaudoin Jr. also said he was surprised at how quickly the turnaround was.

"I think it was too fast," said Beaudoin. "We know this is going to affect our offices, of course, we deal with that opioid crisis every day."

He added that differentiating between how much marijuana is actually in possession will be difficult for law enforcement in the beginning. What used to always be an arrest can now be classified as a violation, misdemeanor, or felony, determined on the specific amount of the drug in possession.

To combat any confusion over quantity, Londonderry Police Detective Chris Olson said that his department will be carrying little baggies that mimic the different quantities of the decriminalized marijuana.

"Our officers can visually have something to look at," said Olson. "We are not going to carry scales around in our cruisers, so we have just been trying to provide visual aids as well as the literature from the law...to help our officers be able to enforce the law correctly."

He said the department is confident and prepared for the roll out of the new law.

"I think that we're comfortable as a department for this to go into effect," said Olson. "We're confident our officers will be able to enforce the law."

Beaudoin is planning on having a staff meeting with his department on Thursday to make sure everyone is comfortable and "on the same page."

"It's going to take some time to work out the kinks," said Beaudoin. "But we'll be ready for it."

Brackett added, "We're still waiting for some guidance and hopefully we're going to get that before the 16th."
 
"Our officers can visually have something to look at," said Olson. "We are not going to carry scales around in our cruisers, so we have just been trying to provide visual aids as well as the literature from the law...to help our offi
Lmfao..... seriously? They aren't going to have a small digital scale available but will cart around a container of baggies carrying different amounts of oregano? :rofl:

Oh that makes perfect sense!
 
Lmfao..... seriously? They aren't going to have a small digital scale available but will cart around a container of baggies carrying different amounts of oregano? :rofl:

Oh that makes perfect sense!
Yep, ain't it a beauty...a real sight. LOL
 
What.....they think New Hampshire is an island...this is New England folks, the place with very small states and short distances to get from one state to another that will/has legalized. Go ahead, NH, your citizens will just pop into other states and leave their tax dollars there.


New Hampshire: Committee rejects marijuana legalization bill


A bill that would legalize marijuana in New Hampshire has been rejected by a House committee.

The Concord Monitor reports the Criminal Justice and Public Safety Committee on Tuesday voted not to recommend the bill to the House. Under the measure, people 21 and older would have been able to buy recreational pot from licensed businesses that were taxed by the state.

Opponents of the bill argued legalization in the state would conflict with federal law. The federal Drug Enforcement Administration classifies marijuana as an illegal Schedule 1 controlled substance.

The state had previously created a commission to study the potential impact of legalizing, regulating and taxing marijuana. Marijuana advocates had argued the commission was biased.

Several states have enacted laws legalizing marijuana for adult use, including Massachusetts and Maine.
 
Well, at least people won't be going to jail for it but the limits of 3/4 oz and 3 plants is a bit tight. NH folks, break out your grow tents....or Google Map directions to the nearest dispensary in a full rec state.


New Hampshire Lawmakers Approve Marijuana Legalization

The New Hampshire House of Representatives voted to legalize marijuana on Tuesday, just five days after the Trump administration moved to rescind federal guidelines protecting state cannabis laws.

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AP Photo/Gillian Flaccus, File

Under the bill, which now moves to the state Senate, people over 21 years of age would be allowed to legally possess three-quarters of an ounce of marijuana and grow up to three mature cannabis plants at home. Retail sales locations would not be allowed.

The noncommercial approach is similar to a bill advancing in neighboring Vermont. There, the House passed a legalization measure on Thursday -- the same day U.S. Attorney General Jeff Sessions tore up Obama-era marijuana guidance. That state's Senate, which previously OKed similar legislation, is expected to give its final approval on Wednesday, and Gov. Phil Scott (R) has pledged to sign legalization into law.



The swift action by the two states represents a stunning rebuke to the Trump administration's anti-cannabis move, which was also roundly slammed by dozens of members of Congress from both parties.

In New Hampshire, the House voted to amend a broader bill that would have allowed legal, taxed and regulated marijuana sales. The legislation, as introduced, was defeated in committee in November. Opponents argued that because a legislative study commission is currently examining how legalized marijuana commerce might work in the state, passing the bill now would be premature.

On Thursday, supporters successfully moved a floor amendment to scale the proposal back to only legalize possession and home cultivation.

The vote on overturning the committee's recommendation to kill the bill was 183 to 162. The body then amended the bill to remove the commercialization provisions via a voice vote. Final passage was approved by a tally of 207 to 139.
 
What kind of complete and utter horse shit is this. The bill passed the house in whole and now a committee, who didn't like the democratic result of the vote, is trying to block the legislation from advancing to the Senate??

This cannot be allowed to stand. Sue them, NH citizens. Sue them early, often, and a hell of a lot.



New Hampshire lawmakers block recreational marijuana bill after it passes

n an atypical move, a committee in New Hampshire’s House has decided to delay a recreational marijuana bill from proceeding to the Senate, where it could become law.

This week, the state’s House Ways and Means Committee recommended that the bill be sent for “interim study,” while a separate commission studies the potential impact of legalization in New Hampshire. The House committee recommends that the bill be delayed until that commission produces a report, which is expected to be completed by November 1.

In a statement provided to New Hampshire Public Radio, Kate Frey, a member of the commission, said, “marijuana legalization will have detrimental impacts on New Hampshire’s thriving communities.”

Supporters of the recreational marijuana bill have been quick to criticize the committee-led delays pointing out that they go against standard operating procedures for the New Hampshire legislature. According to the New Hampshire government’s own website, “After a bill has passed the body of the Legislature in which it originated, it is sent on to the other body where it goes through similar procedures, except for bills containing an appropriation.”

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Some of the medical marijuana products Linda Horan, a New Hampshire resident with end stage lung cancer, purchased at Wellness Connection in Portland on Friday, December 18, 2015.

By this definition, the bill should have gone straight to the Senate for a vote after it was passed in January, since provisions which included appropriations and taxes were removed after some lawmakers refused to approve it otherwise.

A majority of the House voted in favor of the bill, 207 to 139, which would legalize recreational use and possession of up to three-quarters of an ounce and 5 grams of hashish for adults 21 and older in New Hampshire.

The bill, known as HB 656, would also allow New Hampshire residents to grow up to six plants at home for personal use. This is not the first time the legalization measure has faced opposition in committee.

Before the vote in January, the House Criminal Justice and Public Safety Committee recommended that the bill be scrapped. Its recommendation was opposed by an overwhelming majority of lawmakers.

Meanwhile, legalization efforts seem to be moving forward in states neighboring New Hampshire. In January, Vermont became the first state to legalize through its legislature, while Massachusetts and Maine did the same at the ballot box in 2016.
 
State Senate OKs bill to improve local access to medical marijuana

Almost five years after New Hampshire passed its medical marijuana law, nearly 400 residents of Cheshire and Sullivan counties acquired cannabis under the program in 2017, according to state data. A bill that recently passed the N.H. Senate could shorten their travel times to and from dispensaries.

Senate Bill 388, which must go before the House to become law, authorizes the creation of two additional dispensaries, one of which would be in Cheshire or Sullivan counties.

New Hampshire’s medical marijuana law, which has been in effect since 2013, legalized the use of cannabis for a limited number of medical conditions and with strict permitting. It authorized four dispensaries across the state, which ultimately led to the opening of dispensaries in Lebanon and Plymouth, both in Grafton County; Dover, in Strafford County; and Merrimack, in Hillsborough County.

In addition to a dispensary in Sullivan or Cheshire counties, the legislation would also establish a new dispensary in Carroll, Coos or Grafton counties.

The proposal could mean closer access to medical marijuana for hundreds of area residents; last year, 229 Cheshire County residents and 168 Sullivan County residents acquired medical marijuana through the state’s program, according to data from the N.H. Department of Health and Human Services.

Initially, the bill would have covered the creation of one additional clinic in each of the four regions the N.H. Department of Health and Human Services designated for dispensaries. Later, the bill was altered to include just one additional clinic in Carroll, Coos or Grafton county, but N.H. Sen. Jay V. Kahn, D-Keene, introduced an amendment to include a second dispensary in Cheshire or Sullivan county.

He said Monday that a few constituents in Cheshire County told him the drive to their dispensary was too far for them.

State law requires that patients be assigned to one dispensary of their choice and that they notify the Therapeutic Cannabis Program under the Department of Health and Human Services if they want to change dispensaries. The two closest options for Monadnock Region residents are the dispensaries in Merrimack, almost 50 miles from Keene, and in Lebanon, nearly 70 miles from the Elm City.

These distances may not be practical for some patients with cancer or post-traumatic stress disorder — two conditions covered under the state’s marijuana law, according to Kahn.

He said he and other legislators want to shorten the distance people with chronic pain need to travel to get their medication. Access, he said, is important.

“The state of New Hampshire authorized therapeutic marijuana as a means for patients to treat their chronic pain without the use of opioids,” he said. “And that’s the real tradeoff. If this is a medication that can work for people and reduce opioid use and dependence, then access becomes very important.”

The Senate bill does not specify the location of the proposed dispensary in Cheshire or Sullivan counties or of the other new dispensary — it leaves that determination to the state health department and the cannabis provider.

The bill also does not specify the companies that would establish the dispensaries. However, Kahn said Temescal Wellness, which already has dispensaries in Lebanon and Dover, would be the provider for the local facility.

The state already authorizes Temescal Wellness to operate dispensaries in the geographic region that includes Sullivan and Cheshire counties, Hanover and Lebanon. That geographic region is one of four that N.H. Department of Health and Human Services designated to distribute the dispensaries across the state.

Ted Rebholz, founder and CEO of Temescal Wellness, said the state’s existing dispensaries aren’t enough.

“If you look at the proliferation of places like CVS or Rite Aid, where patients can get traditional medication, the fact that there are only four (marijuana dispensaries) in the state of New Hampshire is very limiting,” he said.

But state approval of more dispensaries, he noted, would be just the first step in the process.

Temescal Wellness, which also has medical marijuana dispensaries in Massachusetts and Maryland, received state authorization in early 2015 to open the centers in Dover and Lebanon. It wasn’t until summer of that year that these dispensaries opened — in part, Rebholz said, because the organization struggled to find sites that would be accessible to patients, while also complying with local zoning rules. Temescal also had some difficulty finding landlords who would want a medical marijuana dispensary as a tenant, according to Rebholz.

“We want to be as accessible as possible to patients; we don’t have the freedom to choose where we want to be located,” he said.

The bill to add two more dispensaries passed 13-11 on March 22 in the Senate. It will be discussed at the N.H. House Health, Human Services and Elderly Affairs Committee next.
 
House passes bill to add medical marijuana dispensary in region

For many of the nearly 400 residents of Cheshire and Sullivan counties who acquired cannabis last year under New Hampshire’s medical marijuana law, the trip to and from dispensaries is poised to get shorter.

Senate Bill 388, which calls for increasing the number of medical marijuana dispensaries allowed to operate in the state, passed in the House on a voice vote Thursday after a 23-0 favorable vote in the House’s Health, Human Services and Elderly Affairs Committee.

The measure, which passed in the Senate on a 13-11 vote in March, authorizes two additional dispensaries, including one either in Cheshire or Sullivan counties.

“This bill addressed very important constituent concerns about access,” N.H. Sen. Jay V. Kahn, D-Keene, said. “There are people who’ve been prescribed therapeutic marijuana who feel the state didn’t follow through on a commitment to provide access for them.”

Gov. Chris Sununu’s spokesman Ben Vihstadt said Friday that the governor plans to sign SB 388 into law.

The bill does not specify the precise location of either of the additional dispensaries, leaving that determination to the N.H. Department of Health and Human Services and the approved cannabis provider. Kahn said he plans to meet soon with Temescal Wellness, the provider authorized to operate dispensaries in the geographic region that includes Sullivan and Cheshire counties, to learn more about next steps.

New Hampshire’s medical marijuana law, which took effect in 2013, legalized the use of cannabis for a limited number of medical conditions and with strict permitting. It authorized four dispensaries throughout the state, which were opened in Lebanon and Plymouth, both in Grafton County; Dover, in Stafford County; and Merrimack, in Hillsborough County.

In addition to a dispensary in Cheshire or Sullivan counties, SB 388 calls for a new dispensary in Carroll, Coos or Grafton county.

Last year, 299 Cheshire County residents and 168 Sullivan County residents acquired medical marijuana through the state’s program, according to data from the N.H. Department of Health and Human Services.

Patients who want to acquire medical marijuana must choose a single dispensary and notify the Therapeutic Cannabis Program, under the state health department, if they want to change dispensaries. For residents of the Monadnock Region, the closest dispensaries are in Merrimack, which is almost 50 miles from Keene, and Lebanon, which is nearly 70 miles away.

The distance was an issue for Daniel B. Curll 3rd, 76, who lives in Alstead. Curll treats back pain and nerve pain in his legs with opioid painkillers, but his doctors have recommended medical marijuana as a potential alternative.

He was previously registered for a medical marijuana license, but let it expire because of the long drive to the Lebanon dispensary and its limited hours.

With the passage of SB 388, medical marijuana will be much more accessible, Curll said.

“What it will do is it will mean that I will now again get registered — which is a long process — so that I’m legal. It’s going to be worth doing, because now I know I can at least get to a store hopefully fairly easily,” he said. “So yes, it will be one of the things that will make marijuana easier for me to use.”

Those who wish to acquire cannabis must purchase it themselves. However, the law allows people to designate a caretaker who can fill the order on their behalf, so long as the caretaker registers with the state, submits to a criminal background check and pays a $50 fee. The state limits the quantity of marijuana a person can buy to up to two ounces at a time.

Initially, the bill would have authorized one additional clinic in each of the four regions already designated for dispensaries. The bill was later altered to include just one additional clinic in Carroll, Coos or Grafton County, but Kahn introduced an amendment to include a second dispensary in either Cheshire or Sullivan counties.

Sununu has supported medical marijuana legislation, including a 2017 bill that expanded the range of medical conditions approved for cannabis use. However, Sununu opposes efforts to legalize marijuana for recreational purposes.

For Jacqueline Eno, 51, of North Swanzey, the bill’s passage is great news, she wrote in an email Friday. Eno has lasting pain in her pelvis and abdomen from a series of surgeries to remove an abscess in 2015. She uses medical marijuana to curb her nausea and take the edge off her pain.

“I feel that the state is moving in the right direction with this legislation. As for status quo, it’s changing. The state is changing/tweaking current laws and (is) making medical cannabis more accessible to patients by adding more qualifying conditions, and now, adding more locations for patient convenience,” she wrote.

But while the bill is an important step, there is more work to be done to improve accessibility, she noted.

“Next thing that needs to happen is a drop in price,” she wrote. “Insurance doesn’t cover medical cannabis, and many of us patients are like myself, disabled living on a fixed income.”
 
4,700 patients is nothing. Wonder what's the gating factor here. Even in NH w a population of 1.35M, which is small, should have patients number in the tens of thousands, not hundreds.



New Hampshire to boost number of medical marijuana dispensaries by 50%

New Hampshire is on the verge of expanding its medical marijuana program from four to six dispensaries – a move that will add two businesses to an industry that’s been struggling financially but may be turning the corner.

Lawmakers this month passed legislation that calls for the two additional dispensaries in sparsely populated regions of the state.

Gov. Chris Sununu, a Republican, plans to sign the bill, press secretary Ben Vihstadt told Marijuana Business Daily on Tuesday.


New Hampshire’s MMJ program began in April 2016. And the state’s four existing MMJ businesses have been posting losses.
The latest data shows the dispensaries racked up a combined $5.1 million in sales from July 2016 to June 2017, eclipsed by a collective $7.1 million in operating expenditures.

The addition of two new dispensaries could eat into the sales of the four existing businesses. But there are also signs the tide may be turning for the industry.

Patient counts have been growing rapidly since the state added post-traumatic stress disorder and chronic pain to the list of qualifying conditions in August 2017.

Looking ahead, the Marijuana Business Factbook 2018 projects the state’s dispensaries will record $10 million-$15 million in sales this year – and that estimate was based on four dispensaries.

As of year-end 2017, New Hampshire had 4,753 registered patients.
 


New Hampshire dems reject adding cannabis legalization to 2018 platform


The New Hampshire Democratic Party Platform Committee has rejected a proposal to add cannabis legalization to the party’s 2018 platform, WMUR reports. The committee opposed the measure 11-4.

The party’s current language on the issue states: “We believe that strategic policies on regulation, taxation, and enforcement are critical prior to any action to fully legalize marijuana.”

The language the party rejected as a replacement for the current plank stated: “We believe that New Hampshire should treat cannabis in a manner similar to alcohol, and that cannabis (marijuana) should be legalized, taxed and regulated.”

The proposal was co-sponsored by Rep. Renny Cushing; Rep. Mindi Messmer of Rye, a current U.S. House candidate; Rep. Amelia Keane, attorney Paul Twomey, former state Sen. Burt Cohen, and New Hampshire Young Democrats President Lucas Meyer.

“This year, we thought it would be appropriate for the Democratic Party to favor the legalization, taxation and regulation of marijuana, particularly since we are surrounded by three states and one country that make it legal for recreational use.” – Cushing to WMUR

Rep. Cindy Rosenwald said some of the 11 members who opposed the change didn’t want to support cannabis legalization “in the middle of an opioid crisis.”

“I would like to have us plan this out and address the questions that were raised by the states that have come before us. There are some members of the platform committee who are going to reach out to the five people who proposed it and see if there is some language that is agreeable to everyone.” – Rosenwald to WMUR

Last year, New Hampshire became the 22nd state to decriminalize low-level cannabis possession. That law eliminated possession up to three-quarters of an ounce. Earlier this year, the state House approved a motion to refer a tax-and-regulate bill for interim study, killing it for further consideration during the session.
 
NH is just pissing into the wind on MJ.


N.H. police talk marijuana enforcement on the border with legal-pot states


Police Chief Andy Shagoury’s town of Tuftonboro is nestled on Lake Winnipesaukee and sits about 20 miles from New Hampshire’s border with Maine. Marijuana is legal in Maine, and the reality of people bringing the dried plant into the Granite State doesn’t sit well with the president of New Hampshire’s association of chiefs of police.

“This isn’t the marijuana of the ’80s. This is much stronger,” he said. “We need to make sure everyone realizes that it is not legal here in New Hampshire.”

Changing laws in Vermont, Massachusetts, Maine and Canada – all of which will have legalized marijuana by year’s end – have turned New Hampshire into a political and legal island. Advocates for legalization say it is only a matter of time until New Hampshire allows adults to use cannabis, which would make it the 10th state to legalize and the fourth in New England. The state’s Democratic party has now made it an official part of its platform. Gov. Chris Sununu has repeatedly said he will veto any attempt to legalize.

But as the legal marijuana market rapidly grows along New Hampshire’s borders, law enforcement officials from all over the state insist nothing has changed and they will enforce the laws on the books right now.

“We’re seeing some come over state lines now from other states with supposedly tightly regulated markets that is being distributed here,” Shagoury said.

Currently, Vermont, Maine, Massachusetts, and Canada do not have stores that sell cannabis for recreational use. Marijuana bought over state lines is still being carried illegally because a federally taxed and regulated market has not been created.

As New Hampshire law stands right now, three-fourths of an ounce or less of marijuana is decriminalized for people 18 and older. Anyone caught with three-fourths of an ounce or less will face a citation of $100 for the first two offenses. This fine rises to $300 on the third offense. Anything over that limit will result in a misdemeanor charge and potential jail time.

With New Hampshire’s relatively new decriminalization law, Shagoury said he has not seen a reduction in violations, but it has eased the burden on law enforcement to follow through on marijuana infractions.

Rindge police Chief Daniel Anair said the decriminalization law has “been helpful in the fact that it’s not as time-consuming a process for the same end result.”

Rindge has also not seen a glaring change in the number of violations handed out, Anair said. But with a citation rather than potential jail time, decriminalization has streamlined the process for fining someone. Officers no longer have to arrest, process, jail and send samples to the state lab for testing.

But a simpler process for law enforcement doesn’t mean it’s easier for offenders. One convenience store in Rindge has a parking lot that sits on the New Hampshire-Massachusetts border. Anair said with visitors being confused about the changing laws, people who are stopped in that parking lot will often question how two paces can be the difference between receiving a citation and getting off scot-free.

With laws on both sides of the border that differ from federal law, Anair said it’s actually made people more honest with officers.

“I feel like they probably have less to lose, so the cooperation level with us is much higher,” he said. In the past, people would often deny any existence of marijuana on their person or in their vehicle. Now, Anair said, people just offer it up.

“It’s alleviated some of the red tape and some of the manpower, time constraints, so to speak, in dealing with marijuana violations,” he said.

Though he does not advocate legalization, Lebanon police Chief Richard Mello sits on the commission to legalize, tax and regulate marijuana in New Hampshire. With his city straddling the Connecticut River on the Vermont border, he also sees the challenge of marijuana users navigating two sets of laws. Mello emphasized that visitors from Vermont need to understand the laws of the state they are entering.

Hinsdale borders the Vermont town of Brattleboro, home to one of the Green Mountain state’s four medical marijuana dispensaries. If Vermont moves forward in the future with a tax-and-regulate system, Brattleboro could become the hub for southern Vermonters to buy their cannabis. With a narrow stretch of the Connecticut River separating the towns, Hinsdale police Chief Todd Faulkner said it’s not the proximity to legal marijuana that bothers him, but the laws themselves.

He said he is “not impressed” with the decriminalization law in New Hampshire, saying it’s basically legalization but with a fine when users are caught. If and when Vermont begins recreational sales, Faulkner said he expects an increase in violations in Hinsdale.

Nashua police Chief Andrew Lavoie voiced frustration at offenders’ confusion as they cross his city’s border from Massachusetts.

“It’s not our job to educate people on New Hampshire law,” Lavoie said, drawing a comparison to another hotly debated topic – guns.

In New Hampshire, gun owners don’t need a license to carry a firearm, but they do in Massachusetts. If New Hampshire residents brings their handguns across the border without a permit to carry it, they will most likely be arrested for possessing an illegal firearm. Conversely, if users bring an ounce of legal Massachusetts marijuana into New Hampshire, they will likely be arrested for that.

Lavoie summed it up: “You can’t transport over the border.”

Conway police Lt. Christopher Mattei drew another comparison about the bordering Fryeburg, Maine. Maine towns can enact their own regulations on marijuana, which Fryeburg has, Mattei said.

He compared the discrepancy to laws surrounding alcohol. In “dry towns,” where booze is not allowed, people can just drive to the next town to buy some drinks, then find themselves caught in a legal limbo where something is legal in one town but not the next. He said residents in Conway could soon find themselves in a similar situation, especially without a patrolled border like the one with Canada.

Still, despite the changing laws and the confusion the might be causing, Mattei said the stigma around marijuana has changed, and officers don’t dig as deep into minor marijuana violations.

Shagoury, however, disputed the effects of looser marijuana laws, especially legalization in other states.

“I think if you look at it objectively, what’s happening in the other states, the benefits haven’t been there that a lot of proponents said,” he argued.

He maintained that marijuana should not be legalized, pointing to a strong black market in western states, increased hospital visits, higher rates of driver impairment and legal marijuana in the hands of children.

He also mentioned the “sharing system” as another reason legalization isn’t working in other states in districts. In Vermont and Washington, D.C., users can gift someone up to an ounce of marijuana so long as there is no exchange for the cannabis – no sale. A quick search on Craigslist and you’ll see various posts offering anything under the sun, including just a delivery fee, which comes with a “free gift” of marijuana conspicuously similar to the price of illegal marijuana sales.

“The share has been abused and it’s a mockery,” Shagoury said.

He also called out proponents who say legalization will help curb black market profits.

“You’ve got to understand these people are willing to violate federal law,” he said. “What makes you think they’re all of a sudden going to obey a state law that would cost them a lot of money? I think that’s wishful thinking.”

For all the talk of looser state laws, New Hampshire does not have any legal marijuana framework. The drug is still illegal at the federal level, and transporting any controlled substance across state lines is a felony. Across New Hampshire, police departments will continue to enforce laws currently on the books.

Shagoury said he thinks the future will hold more conversations and legislation within the state. Anair supported that idea.

“I think the federal government and state governments need to get on the same page before I would feel comfortable with New Hampshire moving any more forward than they already have,” Anair said.


Campaign to legalize marijuana launched by top N.H. Democrat in state Senate

The top Democrat in New Hampshire’s Senate is kicking off a campaign to have the Granite State join its neighbors in legalizing recreational marijuana.

“We’re in the business of listening to what the people want, and we need to get our heads out of the sand and recognize reality that all of our neighbors are moving towards,” state Senate Minority Leader Jeff Woodburn told the Monitor.

The North Country Democrat launched an online petition Sunday, as a new law in Vermont went into effect allowing adults to possess up to an ounce of marijuana and grow two adult and four immature marijuana plants per household.

Voters in Massachusetts and Maine approved legalizing recreational marijuana in 2016. And come October, New Hampshire will be totally surrounded, as a new law makes Canada the second nation to legalize marijuana.

“We have a tremendous amount of evidence by looking at our neighbors and we can build a truly ‘New Hampshire’ system to bring legalization in line with the rest of the region,” Woodburn said.


Woodburn’s goal is to deliver 5,000 signatures in support of marijuana legalization to Gov. Chris Sununu on Aug. 1. And he said he hopes to have 10,000 signatures by October, when Canadian legalization goes into effect.

“We need our government to listen to us,” Woodburn said. “The effort here is to try to deliver as many petitions as possible to the governor.”

Sununu, the state’s first Republican governor in a dozen years, last year signed into law a measure that decriminalized small amounts of marijuana possession. That move had been opposed by his Democratic predecessor, Gov. Maggie Hassan, who’s now the state’s junior U.S. senator.

But Sununu does not support marijuana legalization.

“Are you kidding? We’re in the middle of one of the biggest drug crises the state has ever seen,” the governor said earlier this year in an interview with the Monitor and WKXL radio in Concord.

“To go to full recreational marijuana when other states are seeing all the problems it has in other states, the issues it’s bearing – it’s definitely not something that I’m supportive of right now,” he said.

And last week Sununu’s drug czar also went on the record with his opposition.

“At this time where we are struggling to get help with addiction, it is not a good time to be legalizing marijuana and introducing our children to another drug,” David Mara, the governor’s addiction and behavioral health adviser, said at an event at the Dartmouth-Hitchcock Medical Center.

The state House of Representatives voted in March to sidetrack a bill that would have legalized small amounts of marijuana, even though the same legislation had gained the House’s support earlier in the year. The governor promised a veto if the measure had reached his desk.

Last month, the New Hampshire Democratic Party approved a platform that includes a plank supporting the legalization, regulation and taxation of marijuana.

Woodburn said that, if re-elected in November, he’ll introduce a new bill in next year’s legislative session.

“I view it similar to marriage equality. You have to get over that speed bump of resistance. The evidence around us is going to be clear and compelling,” Woodburn said.

And he predicted that “as people live with it, they’re going to be more comfortable with some of those old myths and notions falling by the wayside.”

State Rep. Renny Cushing, who has long championed legalizing recreational marijuana, recently told the Monitor, “It’s inevitable.”

“July 1 we’re going to see sales of recreational marijuana for adults in the Commonwealth of Massachusetts, and I’m pretty sure the sky’s not going to fall on Massachusetts. It’s not going to fall on Maine. It’s not going to fall on Vermont,” the Hampton Democrat said. “New Hampshire will end up getting in step with our neighboring states in legalizing, regulating and taxing marijuana.”

But not all Democrats are on board.

House Minority Leader Steve Shurtleff of Concord opposed the party’s plank for marijuana legalization.

“If the vote was today, I would probably be voting ‘no’ simply because there is a legislative commission that’s meeting to look at the impact of legalization on the state of New Hampshire,” Shurtleff said.

That commission has met numerous times and is expected to issue its report at the beginning of November.

“As a courtesy to those serving on the commission, I would wait until they finish their work and issue their report,” Shurtleff said.

A University of New Hampshire Granite State Poll conducted in February indicated 56 percent support for legalization, with 25 percent opposed. And the poll indicated that the issue cuts across party lines.

“What’s really interesting is that the support’s really bipartisan,” UNH pollster Andrew Smith said of the results.

Sixty-one percent of Democrats, 56 percent of independents and 49 percent of Republicans backed marijuana legalization, according to the survey.

But Smith noted that the topic is “not near the top of people’s most important issues.

“It’s not something that they have grave concern about,” he said.

Woodburn said marijuana legalization won’t be a top issue as the Democrats try to win the majority back in the state Legislature this November.

“I think it’s a good sub-issue. The bread-and-butter economic issues are, I think, what drives the political debate,” he said.

He also highlighted the “tremendous economic opportunity” in regulating and taxing legalized marijuana, and he used that as a counter to Sununu’s argument about the drug crisis.

“This money could be used to fight the opioid epidemic,” he said.

Woodburn hopes the governor will get on board.

“I do believe this is an issue that crosses all political divides,” Woodburn said. “Governor Sununu has put himself in front of this cause to continue the prohibition of marijuana, and I wish he was more open to it.”
 
""We're in the business of listening to what the people want,"

What a refreshing idea....honor more in the breach than the tradition.



Recreational cannabis petition comes to new Hampshire, and early polls look promising


Support for cannabis legalization is starting to grow in New Hampshire. After the legalization movement stalled earlier this year, Senate Minority Leader Jeff Woodburn (D) has introduced a petition he hopes will put cannabis on the state's November ballot, writes Calvin Hughes.

"We're in the business of listening to what the people want," Woodburn told the Concord Monitor. "And we need to get our heads out of the sand and recognize the reality that all of our neighbors are moving towards."

And that's no exaggeration. New Hampshire will be surrounded on all sides by cannabis-legal jurisdictions once the Canadian system comes online in October. All of the states it shares a border with—Maine, Massachusetts and Vermont—have already moved to legalized recreational use.

Woodburn hopes he will be able to submit 5,000 signatures to Governor Chris Sununu (R) on 1 August, and 10,000 by October. The early polls look like Woodburn should be able to achieve this, too. A survey conducted by the University of New Hampshire in February showed 56 percent of voters support cannabis legalization. The issue splits fairly evenly across party lines, so this is one issue where most of New Hampshire's Republicans and Democrats agree.

The New Hampshire Democrats have also adopted cannabis legalization as part of their platform just last month—though not all members are in on board.

"If the vote was today, I would probably be voting 'no' simply because there is a legislative commission that’s meeting to look at the impact of legalization on the state of New Hampshire," said House Minority Leader Steve Shurtleff (D).

The report referenced by Shurtleff is the result of the previously failed attempt at legalization and expected to be released in November.

Meanwhile, Governor Sununu has also voiced his opposition to cannabis legalization.

"To go to full recreational marijuana when other states are seeing all the problems it has in other states, the issues it’s bearing—it’s definitely not something that I'm supportive of right now."

Still, if the polls are right, the people of New Hampshire may see the Granite State turning green this fall.
 
"With support for cannabis legalization reaching almost 70 percent in New Hampshire, Raymond definitely isn't the only one who feels this way. Nevertheless, Governor Sununu has pledged to veto any and all cannabis legalization bills that hit his desk."

Well, fuck him and give him his walking papers....why did N.H. elect this guy anyway???

"Governor Sununu, who has tapped notorious anti-cannabis advocate Kevin Sabet to help him fight against marijuana reform."

Actually, fuck both of them and send both of them packing.

"The state is now surrounded on all sides by places where the drug is fully legalized for adult consumption: Massachusetts, Vermont, Maine and Canada."

Yeah, loss of tax money to other states is one of the few things that will motivate our professional political class.

"House Speaker Steve Shurtleff (D) says he thinks they will soon have the power to override the governor's veto.
Well, I hope they stick it to them as did in Maine with LePage.


New Hampshire house speaker vows to legalize cannabis despite Governor Sununu's threat to veto any legalization bill


As New Hampshire Governor Chris Sununu (R) continues to obstruct marijuana reform, cannabis advocates have begun to scoff at the Granite State's 'Live Free or Die' motto, writes Calvin Hughes.

"The only thing libertarian about our state is the motto," Greg Raymond, 30, a ski resort server in Whitefield told The Boston Globe. "Now it’s become an embarrassing motto: 'Live free or die, but don't touch that plant.'"

With support for cannabis legalization reaching almost 70 percent in New Hampshire, Raymond definitely isn't the only one who feels this way. Nevertheless, Governor Sununu has pledged to veto any and all cannabis legalization bills that hit his desk.

Of course, this isn't stopping New Hampshirites from getting weed—even legally. The state is now surrounded on all sides by places where the drug is fully legalized for adult consumption: Massachusetts, Vermont, Maine and Canada. And that's to say nothing of the illicit market that's already thriving in New Hampshire.

"Marijuana's already ubiquitous in New Hampshire, and it's completely unregulated," said Matt Simon - New England Political Director for the Marijuana Policy Project. "[Legalization] would take hundreds of millions of dollars out of criminals’ pockets and divert them into a regulated marketplace where it would create jobs and produce tax revenue."

That extra revenue could save lives if legislators funneled it into fighting the state's massive opioid problem. Deaths caused by opioid overdoes are nearly three times the national average in New Hampshire. But that's unlikely to happen under the watch of Governor Sununu, who has tapped notorious anti-cannabis advocate Kevin Sabet to help him fight against marijuana reform. Sabet still clings to the debunked notion that cannabis use leads to abusing hard drugs like heroin.

"At a time when New Hampshire is grappling with the opioid crisis, the last thing the state needs is more access to more drugs," Sabet said recently. "We know that Big Tobacco and Big Pharma are morphing into Big Marijuana, so we're going to be working together to get that information out to the citizens of New Hampshire."

Those words put Sabet as well as Sununu on a collision course with the state legislature. New Hampshire Democrats - which have taken control of both the state Senate and the House - have made marijuana legalization part of their platform. And while Sununu could try to overrule them, House Speaker Steve Shurtleff (D) says he thinks they will soon have the power to override the governor's veto.

"It's going to pass," Shurtleff said. "It's burying our head in the sand to think that if we continue to make it illegal in New Hampshire that people won’t be using marijuana."

New Hampshire remains the only major hold out on marijuana reform in New England, as both Rhode Island and Connecticut have begun mulling over the idea is recent months.
 
homegrown medical marijuana passes NH House

CONCORD, N.H. (AP) Medical marijuana patients would be able to grow their own supply under a bill passed by the New Hampshire House.

New Hampshire legalized medical marijuana in 2013, and as of late November, there were 7,120 patients enrolled in the program. For now, they must travel to one of the state's four dispensaries to get the drug, but the House passed a bill Thursday that would allow patients or caregivers to grow their own.

The bill would allow for possession of up to three mature plants, three immature plants and 12 seedlings. Supporters say the bill, which now goes to the Senate, will allow patients to customize their treatment while significantly cutting the cost.

Lawmakers also are considering a bill to legalize recreational use of marijuana.
 
Ok, the House passed it (see post above) and now the NH Senate passed it. But Sununu will probably veto it. Not clear to me if these bills have enough support to override.


New Hampshire Senate approves medical marijuana home cultivation Bill


The New Hampshire state Senate approved a bill on Thursday that would allow medical marijuana patients to cultivate cannabis at home. The measure, House Bill 364, was approved by a vote of 14-10. Under the measure, patients registered in the state’s medical marijuana program would be allowed to possess up to three mature cannabis plants, three immature plants, and 12 seedlings.

The 7,000 registered medical marijuana patients in New Hampshire are currently restricted to obtaining cannabis from one of four Alternative Treatment Centers, driving up the price and causing some patients to turn to dangerous options instead, according to Democratic Sen. Tom Sherman.

“Therapeutic cannabis can be very expensive when sold at an Alternative Treatment Centers, and some patients have had to turn back to opioids as a cheaper option to ease their pain,” said Sherman during the debate for the bill on Thursday.

Bill Survives Opposition in Senate
But some senators, including Republican Sen. Sharon Carson, opposed the bill, believing there were not strong enough measures for control and enforcement. Some of those fears were allayed with a floor amendment that removed a provision that would have allowed a patient cultivating medical marijuana to gift cannabis to another registered patient.

Republican Sen. James Gray said last week that he is opposed to the bill.

“I think right now the places that we’ve authorized to grow marijuana for medicinal purposes – we have many many controls over that place, including walls, cameras, etc.,” Gray said. “And opening up to home grow just doesn’t seem to make sense to me. It’s still illegal federally.”

Activists Support More Options for Patients
Matt Simon, the New England political director for cannabis reform advocacy group the Marijuana Policy Project, said in a press release that passing the bill will give patients a new alternative to obtain their medicine.

“This critically important bill will make medical cannabis more accessible to qualifying patients in New Hampshire,” said Simon. “Medical cannabis is not covered by health insurance, and many patients are unable to afford the products that are available at dispensaries. For some, home cultivation is simply the best, most affordable option.”

This is the first time that home cultivation for medical marijuana patients has received support from the New Hampshire Senate. House Bill 364 now heads back to the New Hampshire House of Representatives, which approved an earlier version of the measure last month. If the House concurs with amendments to the bill made in the Senate and votes to approve the bill again, it will be sent to Gov. Chris Sununu for his consideration.

The bill is opposed by the New Hampshire Association of Chiefs of Police, whose members fear that home-cultivated medical marijuana will be diverted to unauthorized users, according to media reports.
 
New Hampshire: Governor Signs Marijuana Annulment Measure

Concord, NH: Republican Gov. Chris Sununu has signed legislation into law establishing procedures permitting those with prior, low-level marijuana convictions to petition the court to have their convictions annulled.

House Bill 399 provides an opportunity for those convicted of offenses involving the possession of three-quarters of one ounce of cannabis or less to seek an annulment. If the prosecuting attorney does not object to the request within ten days, the petition will be granted.

The new law takes effect on January 1, 2020.

State lawmakers decriminalized low-level marijuana possession offenses in 2017.

In June, the Governor signed separate legislation, House Bill 350, into law permitting physician assistants to make medical cannabis recommendations to qualified patients. House Bill 364, which seeks to allow state-registered patients to grow personal use quantities of cannabis at home, awaits action from the Governor.

Separate legislation that sought to remove existing rules requiring patients to have at least a three-month relationship with a medical provider prior to seeking a medical cannabis recommendation was vetoed by Gov. Sununu.
 
So, is being an ass a genetic trait that gets passed from father to son? Hmmm

Sununu Vetoes 'Home Grow' Medical Marijuana Bill

Governor Sununu has vetoed a bill that would have allowed medical marijuana patients to grow their own plants.


In his veto message, the governor cited concerns about more marijuana ending up on the black market.


Backers of the proposal, which would let qualified patients to grow up to six plants after registering with the state, said the home grow option would lower costs and increase accessibility for patients.


The bill passed the Senate on a 14-10. It passed the House on a voice vote, after being endorsed by the House Criminal Justice and Public Safety Committee 17-4.


Sununu, in his veto message, writes that the state has reasonable regulations to ensure responsible operation of medical marijuana dispensaries. "This bill would bypass those public health and safety guardrails and make the job of law enforcement significantly more difficult. Furthermore, it could serve to undermine the protections we have built within the Alternative Treatment Center system by making those facilities less sustainable."


It was the 43rd bill Sununu has vetoed this year. (Related: N.H. Veto Tracker)


The N.H. Association of Chiefs of Police opposed the legislation.


There are currently five dispensaries in New Hampshire for therapeutic cannabis, and more than 7,000 people and nearly 450 caregivers are enrolled in the program.


The bill had bipartisan support, particularly in the House. It was sponsored by Sen. John Reagan, R-Deerfield, and Rep. Renny Cushing, D-Hampton. In a phone interview Friday, Cushing said it is an injustice for a person to be charged with a felony "for growing their own medicine."


Cushing said the concerns over diversion have not materialized since medical cannabis dispensaries first opened more than three years ago. "The idea that somehow there'd be diversion doesn't make sense," he said.


Matt Simon, New England political director for Marijuana Policy Project, called the veto a "heartless decision."


In a statement, he said, "The governor does not seem to understand that many patients are relying on cannabis to stay off opioids but are unable to afford a consistent supply from dispensaries. Patients should absolutely not be considered criminals if they grow a few plants for their own use in the 'Live Free or Die' state."
 
Good for them and screw Sununu.

I'm hopeful that we can get home grow here someday soon as part of our med program. We will see.


New Hampshire House overrides Governor’s veto on home-grown medical cannabis

The New Hampshire House of Representatives voted on Wednesday to overturn Republican Gov. Chris Sununu’s veto of a bill that would allow for the home cultivation of cannabis by medical marijuana patients. The measure, HB 364, will now head to the Senate after the House voted 259 to 120 to override the veto.
Earlier this year, the Senate approved HB 364 by a margin of 14 to 10. Two additional votes will be needed in the Senate to override the veto by the required two-thirds majority. The Senate is expected to vote on the veto on Thursday.

All home cannabis cultivation is currently a felony under New Hampshire law. Under HB 364, registered medical marijuana patients and caregivers would be allowed to possess up to three mature cannabis plants, three immature plants, and 12 seedlings. The bipartisan and bicameral measure was sponsored by Democratic Rep. Renny Cushing and Republican Sen. John Reagan.
In the governor’s veto message, Sununu said that allowing home cultivation of cannabis would put a burden on law enforcement agencies in the state and compromise regulations to prevent the diversion of medical marijuana to the illegal market.
Activists Call on Senate to Follow Suit
Matt Simon, the New England political director for cannabis reform advocacy group the Marijuana Policy Project said in a press release that overriding the governor’s veto of HB 364 will help ensure that medical marijuana patients can access their medicine affordably.
“It’s encouraging to see the House vote so strongly in favor of HB 364. This bill is critical for patients who are successfully using cannabis to stay off opioids, but are unable to afford the high-priced products that are available from dispensaries,” Simon said. “Sadly, 10 senators voted against HB 364 earlier this year, putting the preferences of a few police chiefs ahead of the needs of patients and their families.”
The Marijuana Policy Project noted in its release that two polls have shown that 68 percent of New Hampshire’s residents support legal medical marijuana and that all three states that border New Hampshire have already legalized home cultivation for patients, caregivers, and adults 21 and older.
“Residents of the ‘Live Free or Die’ State overwhelmingly support cannabis policy reforms, so it’s clear that any senator who opposes this simple step forward is incredibly out of touch with their constituents,” he said. “Patients, caregivers, and their advocates will be watching the Senate vote closely and hoping that common sense and compassion will finally prevail.”
New Hampshire legalized the medicinal use of marijuana in 2013. As of the end of last year, more than 7,000 residents had registered as patients in the state program. Currently, patients are only permitted to obtain medicinal cannabis at one of four licensed dispensaries, leading many to say that the cost and travel involved make it difficult to access their medicine.
 
Senate panels reject two pro-marijuana bills

CONCORD — Both branches in the Democratically led Legislature have little appetite for bills expanding marijuana use as two Senate panels issued negative recommendations on separate bills Tuesday.

The Senate Judiciary Committee voted unanimously to recommend the full Senate ship off to interim study a House-approved bill (HB 481) that would have legalized the sale of marijuana to those 21 and older and imposed a retail tax of 9 percent.

Procedurally, the move is a form of polite death.

If the Senate approves the recommendation in 2020, the entire issue would likely have to start all over as a new bill the following year.
State Sen. Harold French, R-Franklin, said this was the prudent course.

“I think it is wise to hold it over. I don’t think the state is ready for legalization at this time,” French said. “We don’t know what the feds are going to do on this issue either.”
Sen. Martha Hennessey, D-Hanover, the committee chairman, said the committee members received a lot of emails about this measure.

“I believe New Hampshire may not be ready, but this bill had too many things that left us needing answers and left too many people concerned,” Hennessey said.
Matt Simon, New England political director of the Marijuana Policy Project, said his group wasn’t surprised by this decision.

“It’s unfortunate that the Senate remains so far out of touch with public sentiment on cannabis policy,” Simon said after the vote.

“New Hampshire does not benefit in any way from remaining an island of prohibition. Granite Staters overwhelmingly recognize that cannabis is less harmful than alcohol, and they’re ready to see the state begin treating it that way. Advocates will refocus their efforts in support of new legislation in 2020.”

The leader of an organization opposed to pot legalization, Smart Approaches to Marijuana Action, praised the committee's decision.

“The defeat of this bill continues the trend of the New Hampshire Legislature bucking Big Marijuana and its addiction industry investors. For the second year in a row, New Hampshire has dealt a significant blow to the marijuana industry in defeating its efforts to expand to the Granite State," SAM President Kevin Sabet said in a statement.

“With new research highlighting marijuana’s connection to psychosis, numerous studies detailing how marijuana legalization may be exacerbating the opioid epidemic, and the ongoing marijuana vaping crisis responsible for at least fifty deaths, there is no better time than now to slam the door on the pot industry."

Marijuana sales are legal in Massachusetts, Maine and Vermont.

Last Sunday, Michigan became the 10th state to legalize recreational sale of marijuana.

Illinois will follow suit and allow retail sale of marijuana starting on New Year’s Day.

State health officials estimate as written the bill the New Hampshire Senate panel acted on would raise for the state $14 million in profit in the first year and $32 million in the second.

Earlier Tuesday, the Senate Health and Human Services Committee voted, 3-1, to recommend killing a second bill (SB 175) that would dramatically expand the number of patients who could receive medical marijuana.

Currently only those with qualifying conditions such as cancer, AIDS and muscular dystrophy may receive medical marijuana.

State Sen. John Reagan, R-Deerfield, authored the bill, which would allow the drug to be given for “any condition” if it’s approved by a health care provider.

Michael Holt, the administrator for the state's medical marijuana program, said the Therapeutic Cannabis Medical Oversight Board recommended the Senate kill this measure.

“The board believes the knowledge of the general provider community at this time is insufficient to justify this change,” Holt told the Senate committee.

Sen. Jeb Bradley, R-Wolfeboro, was the only member of the committee against killing Reagan’s bill.

The full Senate will take up these recommendations early on during the 2020 legislative session.

The New Hampshire House of Representatives has several times in the past decade endorsed the concept of legalizing marijuana as it did last February on a vote of 209-147.

The House Public Safety and Criminal Justice Committee had narrowly embraced the idea on a vote of 10-9.

But last month the same House committee voted, 19-0, to recommend a second marijuana legalization bill (HB 722) to be sent to interim study.

Voters last November flipped both chambers of the Legislature from Republican to Democratic control.

In recent weeks, House and Senate committees have given unfavorable reviews to many controversial measures lawmakers will take up next year only a few months before incumbents sign up for reelection.
 

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