At the end of April, the New Hampshire Senate defeated two separate recreational cannabis bills that had passed through the House earlier in the year. Representatives from the House, who had worked on a compromise bill, HB 1598, with the Senate, wanted to give them “another chance” to pass legalization. So, House members voted to add a defeated legalization bill to another bill that had passed the Senate. 

Pushing for Legal Possession

New Hampshire lawmakers submitted several legalization bills at the beginning of the 2022 regular session. Two bills worked hand in hand: One would legalize possession and home cultivation while the other would establish a state run cannabis market. Both passed through the House fairly quickly. However, Senators expressed concerns regarding the different aspects of each bill and how the community of the state would respond. These concerns come despite ¾ of the state’s population favoring legalization.

When the Senate defeated HB 629, the bill which would legalize possession and home cultivation, the House brought it back. In a House vote shortly afterwards, lawmakers attached the language of HB 629 to a bill that had already passed the Senate, SB 299. This Senate bill focused on criminal justice reform measures. 

Under the new amendment to SB 299:

• Adults 21 and older could possess up to three-fourths of an ounce of cannabis for personal use.
• Individuals can grow up to six plants— three of which could be mature—in a secure location out of sight from other properties.
• Adults can gift cannabis up to 3/4 ounce or up to three immature plants.
• Each individual can create cannabis-infused products, such as edibles and tinctures
• Public consumption of cannabis would carry a civil penalty of $100.
• Adults who violate cultivation rules, such as growing plants visible to other properties, could face a maximum fine of $750.

Another Setback

Hoping to see a more positive outcome the second time around, House lawmakers sent the amended version of SB 299 back to the Senate. Because the bill had been amended, Senators had three possible responses. First, they could concur or agree with the amended bill and pass it on to Governor Chris Sununu, R. Governor Sununu has traditionally spoken out against cannabis legalization. Second, Senators could nonconcur or reject the bill. However, they could call for a bicameral committee, which is made up of Senators and Representatives. This committee would work together to create a compromise both chambers could agree on before sending the bill to Governor Sununu. The final option would be to nonconcur the bill and not call for a bicameral committee, overall rejecting the bill. 

Unfortunately, but not unexpectedly, the Senate once again rejected the amended version of SB 299, which they had passed earlier in the session. Senators appear adamantly opposed to recreational cannabis for the 2022 regular session, set to end at the end of June. 

Lawmaker Response

Representatives and select Senators, who worked hard to push for recreational cannabis are clearly disappointed. Senator Becky Whitley, D, spoke to her fellow senators before a vote on SB 299 was held. 

“This is an issue that young people care deeply about because they understand the nuance of it,” she said. “We have a problem in New Hampshire of attracting young people to come and move to our state to start families, to participate in our workforce. We’re not listening to our constituents and we are further impairing our ability to have a robust workforce.”

With the failure of SB 299, this leaves New Hampshire as an island in the New England area. They don’t offer legal recreational cannabis. Surrounding states have legalized medical and recreational cannabis while New Hampshire only has medical cannabis. 

In order for citizens to gain access to recreational cannabis, they must travel out of state, or they must wait until the 2023 regular session. Lawmakers say they will introduce new bills to try and push for legalization to keep the state competitive in the New England area, where several cannabis companies have established themselves and created hundreds of jobs and brought in thousands in tax revenue for states. Should more information become available, we will update you with the latest. 

Make sure to check back for more cannabis, hemp, and psychedelic related news.