New Hampshire Moves Closer To Decriminalizing Pot

Ron Strider

Well-Known Member
Proponents of drug policy reform say they look forward to the signing of a marijuana decriminalization bill, but some are concerned the law will exacerbate addiction problems in the Granite State.

The House Criminal Justice and Public Safety Committee voted Tuesday to approve the Senate's amended version of House Bill 640, which lowers possession of up to three-quarters of an ounce of marijuana to a violation. It is expected to go before the full House in June before heading to the governor's desk. Gov. Chris Sununu has said he supports decriminalization of small amounts.

Rep. Renny Cushing, D-Hampton, who sponsored HB 640 and also supports marijuana legalization, said 2017 has been a good year for drug policy reform. A bill was also signed to add chronic pain to the list of medical conditions for which medical marijuana could be prescribed, and another bill to legalize pot was retained by his committee to be worked on and revisited next year.

"I'm glad that New Hampshire is getting caught up with the rest of the world (with marijuana policy), and I'm glad we've decided to start treating marijuana as a public health concern as opposed to a criminal justice matter," Cushing said.

Police officials and advocates for addiction recovery were split this week when asked if decriminalization is a step forward for New Hampshire.

Hampton Police Chief Richard Sawyer said he generally does not oppose the bill, saying people should not have their professional or educational lives impacted by a drug conviction for carrying a small amount of marijuana.

Rye Police Chief Kevin Walsh believes decriminalizing pot will increase the risk of people becoming addicted to more potent drugs like opioids. He also disagreed with the common argument that the state incarcerates people for marijuana possession, saying prosecutors often shelve cases for first-time offenders pending good behavior. He said people can have their misdemeanor possession charges annulled after three years, a process he said police departments rarely object to as long as the person has otherwise obeyed the law.

"If somebody is in jail (for marijuana)... it is a huge, enormous amount," Walsh said. "There are multiple times they've been to court and they've had multiple convictions. What they've done is they've continued to live that life and society says it's not acceptable."

Some advocates for addiction prevention and recovery support the bill, including those hesitant to support legalization. New Futures, a nonprofit organization that advocates for policy changes that improve health and wellness in New Hampshire, called decriminalizing three-quarters of an ounce "sensible" on its website. New Futures opposed bills seeking to legalize marijuana in New Hampshire this year, but states provisions in HB 640 make the bill an improvement on previous decriminalization legislation. Those included that the bill allows those under age 21 caught with marijuana to waive their fine if they undergo substance use risk assessment and the implementation of graduating fines for multiple offenses.

"The risk assessment provisions found in HB 640 are opportunities for much needed prevention, intervention and treatment efforts among our youth and all who suffer with substance use disorder," New Futures' policy statement reads.

Sandi Coyle, who founded Safe Harbor Recovery Center and is now the New England regional director for Phoenix Multisport, said she is generally hesitant to support decriminalization because she is concerned it sends a message to communities, including youths, that marijuana is safe. "It's sending a message, when we decriminalize or when we legalize things... that 'maybe it's not bad if it's legal,'" she said.

Seacoast recovery advocate Dean Lemire supports the bill and would also support legalizing pot. He believes the black market created by prohibition increases the likelihood for cannabis users to come into contact with more dangerous drugs, as well as for young people to use marijuana. He said he prefers marijuana to be regulated so users' ages are checked and more dangerous drugs are not available during purchases.

"We have tobacco and pharmacies in Hannaford," he said. "Those are tobacco dealers, but the product is regulated, you know what you're getting, and they're checking IDs. Thirteen, 14-year-olds, their dealers aren't checking IDs, and a lot of those times those dealers can offer something stronger."

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