New Hampshire Lawmakers to Discuss Marijuana Legalization Compromise

Concord, NH—June 3, 2024

Lawmakers on a New Hampshire conference committee are set to meet on Tuesday in an effort to strike a deal on legalizing marijuana. The House and Senate passed two drastically different versions of cannabis legalization legislation last month, setting the stage for the joint meeting.

Senate President’s Opposition

Some of the bill’s supporters predict the bicameral panel will fail to reach a compromise. Senate President Jeb Bradley (R), a member of the committee, has repeatedly expressed his opposition to the reform and aims to see the bill fail. However, others remain hopeful for a possible agreement.

“You know, right now, the odds aren’t great,” the bill’s sponsor, Rep. Erica Layon (R), told Marijuana Moment last week. “I’m gonna go into it optimistic, but I don’t really expect much to come of it.”

Legislative Differences

Sen. Daryl Abbas (R), who chaired a state commission on legalization last year and introduced a significant amendment to Layon’s bill in the Senate, echoed the lack of optimism. He noted that the bill’s survival through the committee is uncertain.

An earlier version of the legislation passed the House in April. However, subsequent Senate amendments, including those proposed by Bradley and others, altered the bill’s regulatory framework and introduced other adjustments.

House Rejection and Conference Committee

House lawmakers rejected the Senate amendments on Thursday, prompting the creation of the conference committee. Gov. Chris Sununu (R) has indicated his support for the Senate version but would oppose the House-passed measure. He expressed willingness to sign the bill if it includes the Senate’s changes, but warned against significant House alterations.

“If the House passed the bill with the Senate’s changes, I’d sign it,” Sununu told NH Journal. “They put some other stuff in there that I wasn’t necessarily looking for, but they’re not deal breakers.”

Conference Committee’s Task

To move the legislation forward, all seven members of the conference committee must agree on a compromise by Thursday. A single dissenting vote, such as from Bradley, could end the measure’s progress. Despite this, some believe a deal is possible.

“I think there’s a path to a ‘yes,’ but only if the House understands pragmatism and what it will take to get to a governor’s signature,” Sen. Tim Lang (R) told Marijuana Moment. Otherwise, he added, “we are wasting our time. Neither body has the votes to overturn a veto.”

Lang remains hopeful that Bradley might support a compromise, respecting the Senate’s majority vote.

Stakeholder Reactions

Advocates are split on the potential for compromise on the bill, HB 1633. Karen O’Keefe of the Marijuana Policy Project (MPP) is lobbying for a bill that could become law, while others, like Matt Simon of GraniteLeaf Cannabis, are skeptical of a grand bargain.

“The House and Senate conferees are obviously very far apart on this,” Simon said in an email. “I don’t see any real hope for the CoC process.”

Controversial Senate Amendments

The New Hampshire Cannabis Association (NHCann) opposes the Senate-amended bill, criticizing it as a “Soviet Weed” bill wrong for the state. NHCann’s actions include a billboard campaign depicting Sununu as a Soviet communist, protesting the bill’s state-franchise approach to legalization.

Legislative Details

The Senate version of the bill proposes 15 franchise stores statewide with a 15% “franchise fee” on purchases. The bill delays marijuana possession legalization until 2026 and restricts home cultivation. The House version allows a higher personal possession limit and lower fees, with immediate legalization of possession but also bans home cultivation.

Potential Outcomes

If the committee fails to reach a compromise, legalization could be delayed for years. The upcoming November elections will see new House and Senate members, and a new governor replacing Sununu. Leading Republican gubernatorial candidates oppose the reform, while Democratic candidate Joyce Craig supports legalization, promising to work towards it if elected.

“It’s time for New Hampshire to catch up with the rest of New England and finally legalize marijuana,” Craig stated, emphasizing the economic and social benefits of legalization.