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NH marijuana bills face a more receptive audience

By Staff | Feb 12, 2013

There is nothing new about New Hampshire lawmakers taking up legislation to either legalize or decriminalize small amounts of marijuana.

But when the House and Senate take up similar legislation this year, it will be against a national backdrop of shifting attitudes – both in statehouses and private houses – on the nation’s marijuana laws.

On Thursday afternoon, the House Criminal Justice and Public Safety Committee will conduct a triple-header of hearings on bills – two with bipartisan sponsorship – that would make major changes to the way the state regulates and polices the use of recreational marijuana.

The first bill (HB 492), introduced by Rep. Steve Vaillancourt, R-Manchester, is the most far-reaching of the three. It would legalize the use of up to 1 ounce of marijuana for individuals 21 or older, authorize its licensing at the wholesale and retail levels, and impose a tax on its sale.

A similar bill received an unfavorable recommendation by this committee last year – though by a close 10-7 vote – before it was rejected outright by the full House, 228-89.

The second bill (HB 337), this one sponsored by Rep. Mark Warden, R-Manchester, simply would eliminate all criminal penalties related to the possession and use of marijuana. Like Vaillancourt’s bill, similar attempts have been rejected over the years.

The final bill (HB 621), introduced by Rep. Kyle Tasker, R-Nottingham, would decriminalize possession of less than 1 ounce of marijuana, reducing it to a violation and fine of no more than $100.

Unlike the previous two bills, a similar approach made it out of the House last year, 162-161, before it was killed by a voice vote in the Senate after being panned, 5-0, by the Senate Judiciary Committee.

These three bills – along with a fourth that would legalize the use of medical marijuana (HB 573) – will be considered at a time when polls show roughly half of Americans believe the drug should be legalized – an all-time high. Consider:

• Last fall, Colorado and Washington became the first states to approve ballot questions calling for the legalization of marijuana. Both states now are in the process of writing regulations that will conflict with federal laws that still consider the sale and use of the drug illegal.

• At the same time, Massachusetts voters approved a ballot measure that made it the 18th state to approve the use of medical marijuana.

• Hawaii, Indiana, Michigan, New Mexico and Vermont are among the states considering legislation that would legalize the possession of small amounts of marijuana. If approved, they would join 14 states – including Massachusetts – that already have replaced criminal penalties with violations and civil fines.

Even Congress is getting into the act.

Earlier this month, Reps. Jared Polis, D-Colo., and Earl Blumenauer, D-Ore., filed twin pieces of legislation: one would decriminalize marijuana at the federal level and authorize states to regulate it as they do alcohol (H.R. 499); the other would impose a federal excise tax on its sale (H.R. 501).

As we’ve stated previously, we strongly support the legalization of medical marijuana for the chronically ill and the decriminalization
of small amounts of the drug.

And given Gov. Maggie Hassan’s support for the former, we are hopeful New Hampshire will lose its distinction as the only state in New England that does not permit the use of marijuana for medicinal purposes.

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