Should New Hampshire decriminalize or legalize marijuana?
By: LFDA Editor
Despite repeated attempts in recent years, the Legislature has been unable to pass legislation that would allow adults to purchase and use small amounts of marijuana.
Under the current law, marijuana possession is a misdemeanor, punishable by up to a year in jail, and a $2,000 fine.
Supporters of marijuana decriminalization and legalization argue that marijuana is no more harmful that alcohol, which the state already profits from through taxes. Full legalization could also minimize the black market, which supports other criminal activity.
Opponents of marijuana legalization argue that any tax revenues for the state would be minimal compared to the costs of lost productivity, health care, and law enforcement if marijuana use increases. The history of alcohol and tobacco sales suggests that marijuana sellers would advertise to increase marijuana use, particularly among youth.
An April 2014 WMUR-Granite State poll found 61% of NH adults support marijuana decriminalization, with 24% opposed and 3% neutral. Sixteen states, including Massachusetts, have decriminalization laws, according to the National Organization for the Reform of Marijuana Laws.
Rep. Larry Phillips (D-Keene) is the primary sponsor of HB 150, a 2015 bill that establishes a committee to study the legalization of marijuana.
Rep. Wayne Moynihan is the primary sponsor of HB 421, a 2015 bill that authorizes the university of New Hampshire to grow industrial hemp for research purposes.
Rep. Elizabeth Edwards is the primary sponsor of HB 494, a 2015 bill that prohibits the designation of industrial hemp as a controlled substance.
Rep. Adam Schroadter is the primary sponsor of HB 618, a 2015 bill that reduces the penalty for possession of one ounce or less of marijuana to a violation, and reduces the penalty for possession of other amounts of marijuana. The bill also establishes a misdemeanor penalty for cultivation of 6 or fewer marijuana plants.
Sen. Molly Kelly is the primary sponsor of SB 106, a 2015 bill that prohibits the sale, use, or possession of synthetic drugs, such as "spice." An amended version of the bill passed the Senate (23-0) on February 12, 2015.
Rep. Adam Schroadter (R-Newmarket) was the primary sponsor of HB 1625, a bill to decriminalize possession of one ounce or less of marijuana. Anyone convicted would be subject to a $100 fine. This bill passed the House but was rejected by the Senate.
Rep. Kris Robertson (D-Keene) sponsored HB 1446, a bill to ban synthetic marijuana. The bill was referred for Interim Study by the House.
HB 1611, sponsored by Rep. Susan Emerson (R-Rindge) would also ban synthetic marijuana. The bill was killed in the House.
Three bills related to marijuana legalization and decriminalization were proposed in the 2013 legislative session:
HB 621 - a bill that categorized possession of less than a quarter-ounce of marijuana as a 'violation' and punishable by a fine of up to $200 - came the closest to passage. It passed the House (214-115), but was killed in the Senate (voice vote). Sen. Donna Soucy (D - District 18) told the Concord Monitor the bill failed to address repeat offenders and the state lacked a drug awareness program for under-18 offenders.
HB 492 legalized the personal use of up to one ounce of marijuana by persons 21 years of age or older; authorized the licensing of marijuana wholesale, retail, cultivation, and testing facilities; and imposed a tax on the sale of marijuana. The House killed that bill March 26, 2014.
HB 337 - a bill that removed the criminal penalties for possession or use of marijuana - was killed in the House.