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Marijuana on the Mass. border

By Staff | Nov 20, 2016

NASHUA – Marijuana possession is set to become legal in Massachusetts on Dec. 15, with retail sales not far behind. But area law enforcement officials say nothing will change when it comes to the way marijuana is dealt with in New Hampshire.

"It’s still illegal here, and it’s illegal federally," said Nashua Police Chief Andrew Lavoie.

Massachusetts voters in the Nov. 8 election approved Question 4, which goes into effect next month. Under the new law, people older than 21 can possess up to 1 ounce and grow up to six marijuana plants inside their home.

Retail shops could start opening as soon as 2018, though that timeline could change, depending on how much surgery Massachusetts lawmakers perform on the new law, according to a report from MassLive.com.

Lavoie questions the wisdom of legalizing possession when it is still illegal in Massachusetts to sell marijuana outside of a retail or medical dispensary. Though Massachusetts residents can soon own a small amount of the drug and the plant, it is illegal to buy or sell marijuana and marijuana plants until the retail stores are operating.

The commonwealth decriminalized the possession of marijuana in 2008, changing the statute so that it was a civil, rather than criminal, offense. With the legalization, Massachusetts residents can possess and consume the drug in their homes, but not in public.

In New Hampshire, possession is still a misdemeanor, or a felony if the person is carrying enough of the drug.

Hillsborough County Attorney Dennis Hogan said his office has no plans to change the way it approaches people who have large quantities of marijuana.

"We expect to enforce our laws the same," Hogan said. "We’re going to handle it as usual."

New Hampshire’s Legislature typically sees a push every year to change the marijuana laws, and those efforts are consistently defeated. Hogan said that until the laws change, he and other law enforcement agencies will continue to prosecute people who possess and deal in marijuana.

It’s still unclear how Massachusetts lawmakers will deal with the law change, according to MassLive.com. The state is setting up a commission to handle the matter, and local communities have the authority to restrict such businesses under zoning laws and regulations.

The Massachusetts law taxes marijuana at 12 percent, and allows cities and towns where shops operate to take an additional 2 percent for local revenue.

Lavoie is not as worried about a new crop of dealers coming up to New Hampshire to sell the drug. The cross-border drug trade is already active, and police are more focused on nailing fentanyl and heroin dealers based in Lawrence and Lowell, Mass.

Last month, federal agents and local police busted a heroin and fentanyl ring involving more than 20 people bringing the deadly opioids into New Hampshire.

Lavoie cautions people to remember that while his officers are not setting up border patrol to catch people with marijuana, they will make arrests when appropriate.

"We still want your business, but when you come here to shop, leave your marijuana at home," he said.

Damien Fisher can be reached at 594-1245 or dfisher@nashuatelegraph.com.

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