Politics
New Hampshire Governor Signs Bill Allowing Medical Marijuana For Any Condition A Doctor Thinks It Can Help
New Hampshire Gov. Chris Sununu (R) has signed into a law a major medical marijuana expansion bill that will allow doctors to recommend cannabis for any debilitating condition they believe it would improve. Previously, patients needed to be diagnosed with certain specific conditions to qualify for legal marijuana access.
“This is BIG,” Rep. Wendy Thomas (D), sponsor of the newly signed HB 1278, said in an email to Marijuana Moment. “It opens up the therapeutic program to ANY person who has a debilitating or terminal illness.”
Thomas, a cancer survivor and medical marijuana patient herself, told colleagues at a committee hearing earlier this year that cannabis has helped her manage chronic pain, insomnia, eating issues, gastrointestinal issues, PTSD and anxiety. “I found relief from all of these symptoms,” she said, “some of which are not covered in the program.”
The new law adds to the state’s qualifying conditions for medical marijuana “any debilitating or terminal medical condition or symptom for which the potential benefits of using therapeutic cannabis would, in the provider’s clinical opinion, likely outweigh the potential health risks for the patient.”
The provision does not replace New Hampshire’s enumerated list of qualifying conditions, which Thomas has previously described as a useful way for clinicians who are less familiar with cannabis to navigate the system. “The point of this is that they would be allowed to…refer a patient to the program for any condition that they think would fit and benefit the patient,” she told Marijuana Moment earlier this year.
“This bill sets up two paths for health providers,” Thomas said at the time. “For those who are not familiar with cannabis, they can use the legislated symptom and conditions list. For those providers who are cannabis literate, they will be able to recommend the program for a health condition that they think cannabis may be able to help, but that might not be on the list.”
Other examples of symptoms that could be effectively managed with marijuana that are not specifically listed as qualifying conditions, Thomas said, include severe menstrual cramps, symptoms of long COVID and pre-dentist anxiety and post-surgical pain control.
Enactment of HB 1278 comes after Sununu signed two other medical marijuana expansion bills: one that adds generalized anxiety disorder as a qualifying condition and another that allows more healthcare providers to certify patients for the state’s medical marijuana program.
Matt Simon, director of public and government relations at medical marijuana provider GraniteLeaf Cannabis, welcomed the additions to the program.
“Many Granite Staters use cannabis for medical reasons but may not realize they can qualify for the program,” he said in an email, adding that the new laws “will help get more patients registered so they can receive legal protections and enjoy safe, legal access to New Hampshire dispensaries.”
(Disclosure: Simon supports Marijuana Moment’s work through a monthly Patreon pledge.)
Separately, Sununu last month vetoed a bill passed by lawmakers that would have allowed medical marijuana businesses to open second cultivation locations, including in greenhouses. Under current law, ATCs in New Hampshire are required to grow marijuana in secure, indoor locations. The use of semi-outdoor structures, including greenhouses, is prohibited.
In his veto statement, Sununu said the bill “provides scant detail regarding safety, security and location requirements.”
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As for more far-reaching reforms, lawmakers at the last minute this year narrowly shot down legislation that would have legalized marijuana for adults in the state. A poll released this summer showed 61 support for that bill among New Hampshire residents—just a few percentage points below the 65 percent support that respondents to a separate poll said they have for legalization generally.
Earlier this year, House Democrats tabled the legalization measure, effectively killing it. Many said their opposition was based on the plan to legalize through a state-controlled franchise model, which would have given the state unprecedented sway over retail stores and consumer prices.
The move, however, sparked accusations that politicians were using the issue to earn the party votes at the ballot box in November. But most who voted against the bill said they were opposed to the plan on its merits.
One reason some believe the vote to table could be especially consequential is because Sununu is not seeking re-election, and his replacement could significantly impact the likelihood of reform during the next legislative session. Two top Republican gubernatorial contenders, former U.S. Rep. Kelly Ayotte and former state Sen. Chuck Morse, have already said they would oppose the reform if elected.
New Hampshire lawmakers worked extensively on marijuana reform issues last session and attempted to reach a compromise to enact legalization through a multi-tiered system that would include state-controlled shops, dual licensing for existing medical cannabis dispensaries and businesses privately licensed to individuals by state agencies. The legislature ultimately hit an impasse on the complex legislation.
Bicameral lawmakers also convened the state commission tasked with studying legalization and proposing a path forward last year, though the group ultimately failed to arrive at a consensus or propose final legislation.
Last May, the House defeated marijuana legalization language that was included in a Medicaid expansion bill. The Senate also moved to table another piece of legislation that month that would have allowed patients and designated caregivers to cultivate up to three mature plants, three immature plants and 12 seedlings for personal therapeutic use.
After the Senate rejected the reform bills in 2022, the House included legalization language as an amendment to separate criminal justice-related legislation—but that was also struck down in the opposite chamber.
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