Home Grow Advances!

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Great news: yesterday, a N.H. House Committee voted to approve the therapeutic cannabis home cultivation bill in a nearly unanimous vote! The House Committee on Health, Human Services, and Elderly Affairs voted 19-1 to advance HB 431. Next, we expect it will pass the House with little or no opposition.

We will be sure to let you know when a public hearing is scheduled for this bill in the state Senate. This will likely be sometime in April.

Legalization Hearing Scheduled

In other news, a second House committee has scheduled a hearing on the adult-use legalization bill that passed the House in February. On Monday morning (3/13) at 9am, the House Ways and Means Committee will hold a public hearing on HB 639. Unlike the previous committee, this committee will focus primarily on the bill’s fiscal impacts: the tax structure, fees, and spending.

As amended by the Commerce and Consumer Affairs Committee, HB 639 would authorize the N.H. Liquor Commission to regulate adult-use cannabis. Unlike last year’s HB 1598, this bill envisions sales being conducted by private retailers, not state-run stores. A 15% tax would be levied on cultivators. You can read a summary of the amended bill here.

Prime ATC strongly preferred the original bill, which included home cultivation and automatic annulment of criminal records for past cannabis offenses. As introduced, HB 639 would have created a stand-alone Cannabis Commission, with oversight from an independent Advisory Board.

Although we preferred the original version, the amended bill still includes important provisions to ensure patients aren’t left behind. We believe HB 639, as amended, gives ATCs a reasonable path forward and does not seriously threaten the viability of the Therapeutic Cannabis Program.

After the committee completes its work, the bill will likely pass the House and proceed to the Senate, where its fate remains unclear. We will continue working to educate legislators and seek improvements as the process continues.

Tell Legislators What You Think

If you’d like to share your opinions on HB 639 with the Ways and Means Committee using the House’s remote testimony form, follow these simple steps:

  • Enter your name and address
  • Select the hearing date (3/13)
  • Select “Ways and Means” as the committee and select HB 639 as the bill number, then indicate whether you support or oppose the bill
  • (Optional) Type your comments into the box or upload your written testimony
  • Submit the form

Thank you for your interest in improving N.H. cannabis policies! We will continue to share important updates as these bills move forward.

NH State House dome

Three Cannabis Bills Advance

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Last week, committees in the New Hampshire House of Representatives approved three bills dealing with cannabis policy. Two of the bills would make modest but important improvements to the Therapeutic Cannabis law, and the other bill would legalize and regulate cannabis for adults 21 and older. All three bills are expected to pass the full House this week (see below for an update).

Here are more details on the three bills:

HB 610 passed the House Health, Human Services, and Elderly Affairs Committee in a 20-0 vote. This bill would allow therapeutic cannabis certifications by any New Hampshire medical provider who is licensed to prescribe drugs to humans and possesses an active DEA registration. Many patients report that they have difficulty finding a provider who is knowledgeable about therapeutic cannabis. This bill would help by allowing a broader range of providers, including naturopathic doctors, to certify patients. The bill would also allow family practice providers who provide pediatric care to certify minor patients. Currently, two certifications are required for minor patients and one must be from a pediatrician, but this is problematic because many children are served by family practice providers rather than pediatricians.

HB 611 also passed the House Health, Human Services, and Elderly Affairs Committee in a 20-0 vote. This bill would make it easier for patients to be certified with a “severe pain” diagnosis. If it passes, the current requirements that patients have “not responded to previously prescribed medication or surgical measures” or that they have experienced “serious side effects” from other treatment options would be deleted. This is important because patients should not have to try opioids or surgeries before being certified for therapeutic cannabis.

HB 639 was amended by the House Commerce and Consumer Affairs Committee, which approved it in a 17-3 vote. As amended, the bill would legalize cannabis possession for adults 21 and older and authorize the Liquor Commission to regulate production and sales by private retailers. The bill no longer includes home cultivation, which is still part of another bill (HB 344). Here’s a summary of HB 639, as it currently stands. Although we are unhappy with some of the changes, we are pleased to report that the bill still prioritizes the needs of patients and does not threaten the ongoing viability of the Therapeutic Cannabis Program. We will continue to advocate for sensible improvements as the bill advances.

Several other bills are still pending in House committees. These include HB 82 (employment protections for registered patients), HB 431 (home cultivation for registered patients and caregivers), and HB 344 (home cultivation for adults). The House will vote on all these bills eventually, but not this week.

Thanks to all who have contacted representatives about cannabis policy. We will continue to share updates as they become available!

UPDATE: These bills all passed the House on February 22. HB 610 and HB 611 passed in voice votes. HB 639 passed 234-127 and will proceed to the House Ways and Means Committee for further consideration.

NH State House dome

Legalization Hearings Scheduled

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Cannabis legalization has emerged as a hot topic of discussion at the N.H. State House in 2023, but how would legalization impact patients if it passes? This is an important question, and the answer depends entirely on the details. There are actually five different bills in the New Hampshire House that would legalize adult-use cannabis, and each takes a different approach to policy. All five bills are scheduled for public committee hearings next Wednesday and Thursday.

If you’d like to weigh in on any or all of these bills, the easiest way to do so is to use the House’s remote testimony form. You can use this form to indicate whether you support or oppose a bill, and you can (optionally) submit written comments or testimony for the committee. Members of the public are also welcome to attend the hearings and testify in person. If you choose to testify or submit written comments, we ask that you please be courteous and respectful.

Two legalization bills are scheduled for back-to-back hearings on Wednesday afternoon, January 25, in the House Committee on Commerce and Consumer Affairs:

HB 639 (Osborne) – this bill would legalize home cultivation (6 plants, of which 3 could be mature) for adults 21 and older. It would also authorize a new, stand-alone Cannabis Commission to regulate production and sales, with oversight from an independent advisory board. Sales to adults would be subjected to the 8.5% Meals and Rooms Tax. The bill was drafted by a broad coalition of organizations and based on lessons learned from other states.

Prime ATC contributed to the process of drafting HB 639, and we believe it is the most thoughtful and comprehensive approach to cannabis legalization that has ever been considered in New Hampshire. The bill provides for a slow, deliberate transition of the Therapeutic Cannabis Program from D.H.H.S to the new Cannabis Commission, and it prioritizes the ongoing needs of patients. A summary of the bill is available here, and the full text is available here.

This public hearing is scheduled to begin at 1:15 p.m. Wednesday in the Legislative Office Building (behind the State House), Rooms 302-204.

HB 544 (Eaton) – this bill would authorize the Liquor Commission to regulate cannabis and administer sales to adults and patients. Home cultivation would remain prohibited. 50% of revenue would be distributed to cities and towns, and 50% would go to the general fund.

Prime ATC does not support this bill, in part because we believe it presents a serious threat to the Therapeutic Cannabis Program. The full text is available here. The public hearing will take place immediately following the hearing on HB 639 in the Legislative Office Building, Rooms 302-204.

If you’d like to share your opinions on one or both of these bills using the House’s remote testimony form, follow these simple steps:

  • Enter your name and address
  • Select the hearing date (1/25)
  • Select “Commerce and Consumer Affairs” as the committee and select HB 639 or HB 544 as the bill number, then indicate whether you support or oppose the bill
  • (Optional) Type your comments into the box or upload your written testimony
  • Submit the form
photo of state house

Thursday Hearings

Three additional legalization bills are scheduled for hearings on Thursday, January 26, in the House Committee on Criminal Justice and Public Safety. These hearings will take place in Representatives’ Hall at the State House:

HB 643 (Damon) – this bill would authorize the Liquor Commission to regulate cannabis and administer sales to adults and patients. Home cultivation would remain prohibited. 50% of revenue would go to the education trust fund, and 50% would go to D.H.H.S. to develop programs for increased mental health services. Prime ATC does not support this bill for the same reasons we do not support HB 544. The full text is available here. The hearing is scheduled to begin at 10:30 a.m.

HB 360 (Verville) – this bill would legalize cannabis for adults 21 and older with no limits. It would not establish a regulated market. Prime ATC is not taking a position on HB 360, and we do not expect it to advance. The full text is available here. The hearing is scheduled for 1:30 p.m.

HB 344 (McGuire) – this bill would legalize home cultivation (6 plants, of which 3 could be mature) for adults 21 and older. It would not establish a regulated market. Prime ATC supports HB 344. The full text is available here. The hearing is scheduled for 2:15 p.m.

Again, it is easy to share your opinions on these bills with the relevant committee using the House’s remote testimony form, as described above. If you’d like, you can also write or call your own representatives directly (look them up here).

We will update you on bills impacting the therapeutic cannabis program in a subsequent blog post. Thanks for reading, and stay tuned!

Voter Guide Published!

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Now that cannabis retail stores have opened in Vermont, many Granite Staters are asking “when will New Hampshire legalize?” It’s impossible to answer this question with certainty, but we know the upcoming election will have a huge impact on the odds.

The word “cannabis” will not appear on New Hampshire ballots in November. However, the individuals who are elected to the state legislature will determine the future of cannabis policy in our state. Since the 400-member House has already passed several legalization bills, more attention will be focused on candidates for the 24-member Senate.

At Prime ATC, we have no interest in telling you who to vote for, but we do encourage you to become an informed voter. Fortunately, the Marijuana Policy Project has published a detailed voter guide that makes it easy to do so. The voter guide focuses on races for state Senate and governor, and it includes candidates’ past votes, survey responses, and public statements.

If you’re a voter, we suggest that you take time to find out where candidates on your ballot stand on cannabis policy. If you decide a candidate is worthy of your support, that’s great! Candidates are always happy to receive positive messages from voters.

On the other hand, if you learn that a candidate does not share your views on cannabis policy, you may want to send them a message. The voter guide includes links to candidates’ websites and social media accounts, so you can reach out if you’d like to ask that they consider your perspective.

We hope you find this information helpful!

Screenshot of tweet from Marijuana Policy Project. "NH is the only state in New England that hasn't legalized and regulated cannabis for adults. That could finally change in 2023. Check out MPP's New Hampshire voter guide, which includes background on state Senate and gubernatorial candidates."

Click here to visit the voter guide.

Legalization Bills Defeated

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The New Hampshire Senate has killed two cannabis legalization bills, eliminating any hope for legalization efforts in 2022. On Thursday, April 28, the Senate rejected HB 629 in a 9-15 vote. This bill would have legalized possession and limited home cultivation. If you’d like to see how your senator voted, the roll call vote is available here.

The Senate also killed the state monopoly bill (HB 1598) in a voice vote. Here is an article with more details on these two Senate votes.

The death of HB 629 is disappointing but not surprising. For legalization supporters, the only silver lining is the fact that senators will face re-election this year. When election season arrives, we will share information about where senators and candidates stand on cannabis policy so voters will be informed.

photo of state house dome

State Monopoly Cannabis Bill Rejected

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It now appears certain that the state monopoly cannabis legalization bill will not pass in 2022. On Wednesday, April 20, the N.H. Senate Ways and Means Committee unanimously voted against HB 1598. The bill will still receive a vote in the full Senate, but it is very unlikely to pass in light of this rejection by the committee.

If you’d like to read more about the Senate vote on HB 1598, check out this article.

In other news, the Senate postponed a vote that had been scheduled for another cannabis legalization bill. HB 629 was supposed to receive a vote on Thursday, April 21, after being approved in a 3-2 vote by the Senate Judiciary Committee. The vote on this bill, which would simply legalize possession and limited home cultivation, will be rescheduled for another day.

If you haven’t already contacted your senator about HB 629, please look them up here and ask them to vote in favor!

photo of State house dome in Concord

Senate Considers Legalization Bills This Week!

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The action on cannabis legalization bills has been heating up in Concord in the last few weeks. Last week, for the first time in New Hampshire history, a Senate committee voted in favor of a cannabis legalization bill! The Senate Judiciary Committee approved HB 629, the bill that would simply legalize possession and limited home cultivation for adults, in a 3-2 vote on Thursday, April 14. The full Senate will vote on the bill Thursday, April 21.

Prime ATC strongly supports HB 629, and we are grateful to the three senators on the Judiciary Committee who voted in favor: Senator Harold French, Senator Jay Kahn, and Senator Becky Whitley. If you’d like to read more about this history-making vote, here’s a news article. If you’d like to contact your state senator, you can find their contact info here.

But before the Senate votes on HB 629 on Thursday, the Senate Ways and Means Committee will hold a public hearing Wednesday morning on the bill that would create a state monopoly for adult-use cannabis sales (HB 1598). Yes, you are reading that correctly – the state monopoly cannabis bill is scheduled for a hearing on 4/20.

Prime ATC does not support this bill, in part because we believe it presents a serious threat to the Therapeutic Cannabis Program. You can read more about HB 1598 in this article. A detailed summary of the bill is available here.

If you would like to attend the hearing on HB 1598, it will take place in Room 100 of the State House beginning at 9:00 a.m. on Wednesday, April 20. Members of the public are welcome to testify if they wish. You can also sign in remotely if you’d like to indicate your position to the committee or submit your thoughts in writing.

Thanks for reading – we hope you find this information helpful!

photo of the golden dome atop the NH State House

Cannabis Legalization Update

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The New Hampshire House of Representatives has passed two cannabis legalization bills this year, and these bills will soon be considered by the state Senate. The Senate Judiciary Committee will hold a public hearing on one of these bills, HB 629, this Thursday (April 7) beginning at 9 a.m. Members of the public are welcome to attend and speak at the hearing, which will take place in Room 100 of the State House in Concord.

HB 629 would simply legalize possession and limited home cultivation of cannabis for adults 21 and older, putting New Hampshire’s possession laws more nearly into line with neighboring states. The bill would not establish a regulated market for adult-use cannabis. Prime ATC strongly supports this bill, which overwhelmingly passed the House in a 241-113 vote. You can read a summary of the bill here.

Another bill, HB 1598, would create a state monopoly for retail adult-use cannabis administered by the liquor commission. This bill passed the House last week by a much narrower margin of 169-155, and it has not yet been scheduled for a hearing in the Senate. Prime ATC does not support this bill, in part because we believe it presents a serious threat to the Therapeutic Cannabis Program. You can read more about HB 1598 in this article.

How You Can Support HB 629

Some legislators still do not understand why the home cultivation issue is so important to patients and consumers. If you would like to support the bill that legalizes cannabis possession and limited home cultivation for adults 21 and older, here are a few ways you can help:

(1) Indicate support at the public hearing, either in person or by signing in remotely in advance.

If you’re able to visit the State House in person, the hearing will take place in Room 100. There will be a sign-in sheet where you can indicate your support for the bill and (optionally) sign up to testify.

If you’re signing in remotely, here are the steps:

  1. Visit this page and select Thursday, April 7 on the calendar.
  2. For “Select the Committee,” choose “Senate Judiciary” from the drop-down box.
  3. Under “Choose the Bill,” select “9:00 am – HB 629.”
  4. For “I am,” select “a member of the public” representing “myself.”
  5. Click the bubble to indicate your position on the bill and submit the form.
  6. Enter your name, email, and town on the next page and click “continue” to complete the process.
image depicting Senate remote sign-in sheet

(2) Email and/or call your own state Senator.

You can find your state senator’s contact information here by selecting your town from the drop-down box. If you feel strongly about HB 629, reach out and tell them why!

(3) Write the Senate Judiciary Committee.

If you would like to share your comments with the five members of the Senate Judiciary Committee, visit their web page and click “Email Entire committee.”

Sample Letter to Senators

Here is a sample letter that you may use as a model in crafting your own email to your senator and the members of the Judiciary Committee. If you have any relevant personal experiences to share, please include them in the letter.

Dear Senator __________:

My name is __________ and I live in __________. I’m writing to ask that you vote in favor of HB 629, which would legalize possession and home cultivation of cannabis for adults 21 and older. Growing and possessing cannabis is legal in all three neighboring states, and it should be legal here as well.

Home cultivation is especially important for patients who rely on therapeutic cannabis. Taking care of your own medical needs shouldn’t be a crime.

Thank you for your time.

Sincerely,

Your Name

2022 Legislative Update

Posted on by Matt Simon2 Comments on 2022 Legislative Update

By Matt Simon, Prime ATC Director of Public and Government Relations

The New Hampshire Legislature began its 2022 session last week, and one of the first bills the House approved was a cannabis legalization bill. HB 629 would eliminate penalties for possessing and growing small amounts of cannabis for adults 21 and older, and the House passed it in an overwhelming 241-113 vote. Here is a summary of the bill.

HB 629 would not directly impact the therapeutic cannabis program if it becomes law. However, Prime ATC supports this bill, in part because we know it would be beneficial for patients who feel strongly about cultivating their own cannabis. Unfortunately, the state Senate has not been receptive to similar bills in the past, and Gov. Chris Sununu has not expressed support. The next step for HB 629 will be a public hearing in a Senate committee. The Senate has not yet announced a date for this hearing.

Photo of the NH House of Representatives meeting in the House chamber, pre-COVID.
The N.H. House of Representatives meets in Representatives’ Hall, before the advent of COVID-19.

Before HB 629 receives further consideration, several more bills have been scheduled for hearings in the House Criminal Justice and Public Safety Committee. These hearings will take place on Thursday, January 20 and Friday, January 21 in Representatives’ Hall at the State House (107 N Main St, Concord). Unfortunately, there will not be an option for people to testify remotely, but all are welcome to submit written testimony and comments. If you’d like to email the committee and share your opinions on any (or all) of these bills, here is their email address: HouseCriminalJusticeandPublicSafety@leg.state.nh.us

Legalization Bills Being Considered Next Week

HB 1598 – legalizing possession for adults 21 and older and establishing a state monopoly on the sale of cannabis (Abbas), public hearing January 20 @ 9:30am. This bill would establish a regulated market for cannabis administered by the state liquor commission. Licensed businesses would produce and manufacture cannabis, which could only be sold in state-run stores. Prime ATC supports legalizing cannabis for adults, but we do not support this particular approach because we do not believe it is desirable for the state to monopolize sales. Legalization will create many economic opportunities, and we believe these opportunities should be broadly shared rather than concentrated in the hands of the state.

HB 1348 – legalizing possession and home cultivation for adults 21 and older (Egan), public hearing January 20 @ noon. This bill would eliminate penalties for possessing of up to one ounce of cannabis, 5g of hashish, and six cannabis plants (two of which may be mature) for adults 21 and older. It would not establish a regulated market. Prime ATC supports this bill.

Constitutional Amendments

In addition to these legalization bills, some legislators are also trying to legalize cannabis by amending the state constitution. If one of the following “Constitutional Amendment Concurrent Resolutions” receives 60% support in both the House and Senate, it will appear on the ballot in November 2022. Amending the Constitution requires two-thirds majority support from voters. Prime ATC is generally supportive of these efforts, and we hope to see one of these proposals advance to the Senate.

CACR 20 – legalization (Cushing), public hearing January 20 @ 2pm.

CACR 34 – legalization (Adjutant), public hearing January 20 @ 2:30pm.

CACR 35 – legalization (Prout), public hearing January 20 @ 3pm.

In addition to these legalization proposals, the committee will consider another bill relevant to cannabis policy on Friday, January 21:

HB 1400 – prohibiting law enforcement from using the scent of cannabis as probable cause for a search (Bouldin), public hearing January 21 @ 1:45pm.

A few other cannabis bills have not yet been scheduled for public hearings, including HB 1619, a bill that would add “moderate to severe migraine headaches” as a qualifying symptom for therapeutic cannabis. A different committee will consider that bill: the House Committee on Health, Human Services, and Elderly Affairs.

Finally, the legislature did not override Gov. Sununu’s veto of SB 38, a bill that would have allowed ATCs to reorganize as for-profit businesses. Prime ATC’s position was neutral on this bill, and we are happy to continue operating on a not-for-profit basis at this time.

We hope you appreciated this update on the state legislature! We will continue to keep you informed in our next legislative update as the action continues.