House Committee Backs Legalizing Marijuana for Adult Use

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Marijuana plant and a joint.

By ANI FREEDMAN, InDepthNH.org

CONCORD – The House Commerce and Consumer Affairs Committee voted ought to pass on a bill that would legalize marijuana for Granite Staters. HB 1633 would put in place “procedures for the legalization, regulation, and taxation of cannabis” and “the licensing and regulation of cannabis establishments.”

There was little debate among the committee during its executive session on Wednesday, where the ought-to-pass vote on the amended bill went through with a 17 to 3 majority. Rep. Tim McGough, R-Merrimack, Rep. Susan Porcelli, R-Hampton Falls, and Rep. Lilli Walsh, R-Hampstead, were the only ones to vote against recommending the bill’s passage.

The prime sponsor of the bill, Rep. Erica Layon, R-Derry, had support from Democratic and Republican representatives on the bill.

The language of the bill specifies that cannabis legalization would allow “law enforcement to focus on violent and property crimes; advancing individual freedom” while also “generating revenue for education, prevention, treatment, and recovery related to the use of both legal and illegal drugs.”

In the new amendment to the bill, Rep. Layon explained at the session that cannabis tax revenue would also go toward education. The original bill had those funds going toward pension money, but Layon said there was “reticence” to having pensions funded by revenue generated from cannabis.

The text of HB 1633 explains that cannabis would be regulated similar to alcohol, with usage only permitted to those age 21 or older, who are required to show proof of age before purchasing. The possession limit would be four ounces in plant form, ten ounces in concentrated form. Cannabis will not be permitted to be smoked in any public place where tobacco smoking is prohibited.

Towns and cities do have a say in whether or not they allow cannabis to be sold in their municipalities, though. The bill also provides certain protections for those in possession of cannabis once it would be legalized, with the following provision:

“The odor of cannabis or burnt cannabis, or the possession of a quantity of cannabis that the officer does not have probable cause to believe exceeds the possession limit of cannabis, shall not constitute in part or in whole probable cause or reasonable suspicion and shall not be used as a basis to support any stop or search of a person or motor vehicle.”

The bill now moves to the full House with the recommendation ought-to-pass, and to the Finance Committee.

Ani Freedman is a contract reporter with InDepthNH.org. She is a recent graduate from Columbia Journalism School with a passion for environmental, health, and accountability reporting. In her free time, she’s an avid runner and run coach. She can be reached at anifreedmanpress@gmail.com

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