CONCORD — The House of Representatives gave final approval to legalizing the recreational sale of marijuana, but in a way that was unacceptable to Gov. Chris Sununu and perhaps to a majority in the state Senate.
Over the past two months, supporters made four changes to the proposal but support for the plan in the House has held firm.
The latest vote to pass the bill (HB 1633) over to the state Senate was 239-136.
In February, the House initially passed the bill 239-141.
In the latest vote, House Republicans opposed the bill, 117-74, while House Democrats backed its passage, 163-19.
State Rep. Erica Layon, R-Derry, the prime author of the measure, was the only speaker on the topic Thursday.
I think it is an excellent bill and quite frankly I think it is time to vote on this bill, and let the other body deal with it, Layon said.
The House-passed bill called for the first 15 establishments to sell cannabis as agency stores, licensed by the State Liquor Commission, though not under its operational control.
State Sen. Daryl Abbas, R-Salem, offered a rival proposal that has the support of Sununu for the Liquor Commission to act as state franchiser, granting franchise agreements to 15 firms.
Under Abbas’s model, the state would have more control over the marketing, product quality and pricing practices of franchisees.
Layon’s bill did adopt many of Sununu’s requirements for any proposal he would support, including restrictions on siting stores close to schools and limits on lobbying and advertising by retail companies that sell the product.
All other New England states allow adults over 21 to buy marijuana.
The problem right now is they (New Hampshire residents) can buy it out of state, illegally grow it out of (their) home or buy it on the streets and there are clear problems with buying it on the streets, Layon said.
The American Civil Liberties Union of New Hampshire endorsed the bill Thursday after a recent amendment eliminated the possibility of jail time for someone repeatedly caught smoking marijuana in public.
Under the House-passed bill, a repeat violator could be fined up to $1,200, but not be jailed for the offense.
Right now, New Hampshire has a unique moment where we can actually legalize marijuana — and we must take it, said Devon Chaffee, ACLU-N.H. executive director.
Pushing legalization off yet another year would show that lawmakers are out of step with their constituents and are OK with continuing to needlessly ensnare over a thousand people — disproportionately Black.
Abbas said that a majority of senators who support his alternative want tougher penalties for marijuana users who flaunt the law and smoke in public.
The Abbas plan would have made the second offense a Class A misdemeanor that could carry up to a year in jail.
State officials said if this is adopted, retail sales would likely not begin until mid-2026.
The liquor agency estimates it will cost $8.9 million to enforce it in the first year, $5 million of that to create a financial and licensing system. The second and third-year costs for the agency would be $6 million and $4.8 million, respectively.
