The 24-member state Senate has never passed an adult-use cannabis sales bill before but that could change in the next week as an amended House version, which addresses the governor’s priorities, is considered.
Tim Egan, a former state representative who has been lobbying for passage of the measure for the New Hampshire Cannabis Association, said he has spoken either in person or through email to all 24 senators and said he can count as many as 15 votes in the Senate for passage with nine Democrats and six Republicans.
I think this is the year, said Egan.
He said many are working hard to find consensus on a compromise measure with consumer and children’s safety the primary focus.
Egan said he believes that all Democrats with the exception of state Sen. Lou D’Allesandro of Manchester would support cannabis legalization, bringing nine votes, while he believes six Republicans will support at least one of the measures for legalization.
Thirteen votes are needed for passage.
Last year, the day after the Senate killed a legalization measure, Gov. Chris Sununu announced that he would support a future cannabis bill with a handful of conditions that allow the state to operate sales directly.
At the time, Sununu said he would only support a measure that allows the state to control distribution and access; keeps marijuana away from kids and schools; controls the marketing and messaging; prohibits marijuana miles; empowers towns to keep it out if they choose; reduces access to poly-drugs; and keeps it tax free to undercut the cartels, who continue to drive NH’s illicit drug market.
The governor said last week he has not waivered.
I laid out the eight or 10 things I’d like to see in that bill for it to get a signature on my desk. If they meet those stipulations, I’ll sign in. If they don’t I won’t. I know there are a few changes on the bill to be made. If the Senate makes those changes the way I have laid out the guidelines to be, I would sign it, Sununu said.
He noted the House version which on April 11 passed 239-136 is off the mark because he favors a more state controlled, franchise model.
The House’s version looks more like what has been done in many of the 24 states whereby the state licenses a business to operate the stores, also called the agency model.
What is clear in both versions is that the state would be in the driver’s seat to focus on harm reduction, not profits, as is stated in the outset of state Rep. Erica Layon, R-Derry’s bill which is more than 40 pages long.
She said that buying from a store is safer than the black market and people are now going out of state to do that, as the Live Free or Die state is surrounded on all sides by states and one Canadian province where the product is legally sold to adults.
But opponents, including state Rep. Kenneth Weyler, R-Kingston, have said there are too many public safety issues for the state to be engaged in such practice, including issues for law enforcement.
Sununu, who is not running for re-election, said he is not a fan of legalizing weed to begin with but believes his job is to make sure it is done well and does not repeat the mistakes of other states.
Senate President Jeb Bradley, R-Wolfeboro, who opposes legalizing marijuana said the fundamental goals everyone should agree on are proper oversight, the protection of public health and safety, the state of New Hampshire should not be beholden to big marijuana and not invite the black market into the state.
Estimates are that the state could make $5.8 million in the first year, $8.2 million in the second and $15.9 million in the third year, using data from Maine.
The House bill allows the businesses associated with medical marijuana to compete for the 15 franchises as well as growing the products.
Sen. Daryl Abbas, R-Salem, is proposing a model that Sununu likes with the Liquor Commission having direct oversight.
Noting he lives on the southern border, Abbas says his area is already dealing with a lot of the social impacts of legalization, but not the benefits.
We are not receiving any revenue or enforcing any regulations on the businesses in Massachusetts, Maine or Vermont, he said. If we had stores in New Hampshire, we would have a hand on the wheel and something to say about it.
His proposal would also allow a pathway for the medical cannabis business owners to participate in the legalization, but it will not be a license for an outlet store, he said.
Bradley went through Abbas’s amendment and suggested further changes to tighten regulation and provisions.
I don’t support this bill. But one thing I’ve learned over my years in this building is how to count. If you have 13 votes for this, you have 13 votes, he said, implying that would pass the 24-member Senate. If this passes, we need to make it the best possible version of legalization we can.
He proposed restrictions around schools and enhanced penalties for adults who use cannabis with children in a vehicle.
He also objected to a provision in both proposals that would allow ownership over three functions, sales of medical cannabis and a retail store, as well as growing the products, and up to three of any of those functions.
You’re inviting big marijuana into the state, Bradley said, and squeezing out any New Hampshire interest.
If you allow one company to own three growing facilities, he said, they will own this building.
He also said lobbying by any businesses associated with cannabis should be prohibited.
Bradley also proposed an upper limit on potency for different products, notification for any change of ownership and revenue going to the host community for facilities.
I still will oppose it, Bradley said, but these changes are absolutely essential if we are not going to allow big marijuana in and we want to eliminate the black market.
InDepthNH.org is a nonprofit news website published by the New Hampshire Center for Public Interest Journalism.
