The New Hampshire legislature is set to once again take up the issue of marijuana legalization this session—but this time, there’s a new strategy that lawmakers hope will overcome challenges they’ve previously faced.
A bill filed last week would allow adults 21 and older to possess and gift up to three-fourths an ounce of cannabis, and they could grow up to six plants. Missing from the legislation is a commercial sales element, which was intentionally left out to bolster its chances of passage.
That means the proposal would essentially mirror the current marijuana model of neighboring Vermont, which became the first state to enact a legal cannabis system through the legislature in 2018. While there are no recreational marijuana shops in the state, adults are allowed to grow their own and possess it for personal use.
The new legislation in New Hampshire—which has eight sponsors, including three Republicans—has been referred to the House Criminal Justice and Public Safety Committee, where it’s scheduled to get a hearing on January 23.
“It’s a bipartisan bill, and we’re hoping to advance it through the House and through the Senate and to, at the very least, put an end to criminalizing the possession and cultivation of cannabis in New Hampshire,” Rep. Renny Cushing (D), a cosponsor of the legislation who has previously been the chief sponsor of broader legalization bills, told Marijuana Moment in a phone interview on Monday.
“We see this as an incremental step toward commercialization,” he said.
The text of the bill states that New Hampshire residents are in favor of reform, numerous states have enacted legal cannabis systems and allowing adults to “cultivate their own limited supply of cannabis will provide them with an alternative to buying cannabis from illicit drug dealers.”
It also outlines penalties for violating the measure. For example, adults who possess marijuana in excess of the allowable amount will face a misdemeanor charge.
Because the legislation would not provide for commercial cannabis sales, advocates are hopeful that it will win over the support of legislators who opposed past reform efforts due to issues with provisions such as the tax rate on retail marijuana products.
“Our opponents have dug in very deeply on the concept of portraying any regulated sale of cannabis as being commercialization, the next Big Tobacco, all of the [prohibitionist group Smart Approaches To Marijuana] talking points,” Matt Simon, New England political director at the Marijuana Policy Project, told Marijuana Moment. “We wanted to get back to the basics of what’s really resonated in New Hampshire—the criminal justice reform, civil liberties type of arguments that adults should not be punished for using cannabis or growing a small amount of cannabis.”
“From the perspective of the goal being end prohibition, regulate and tax, it’s just another increment along the way,” he said. “But we’re looking at it as a very important goal in and of itself to stop punishing adults in New Hampshire for behavior that’s legal in every neighboring jurisdiction.”
It remains to be seen whether Gov. Chris Sununu (R), who signed a modest decriminalization measure into law in 2017 but said he’d veto commercial legalization proposals, will be more amenable to the scaled-down approach.
Cushing said legislators “don’t know how the governor will respond” at this stage.
“In the past, he’s been opposed to it. But I think what we’re seeing is an evolution on the part of many people of their thinking when it comes to cannabis policy,” he said. “If the bill gets to his desk, we hope the governor would sign it—or perhaps the governor would just let the bill become law without his signature. But that’s still a few months to go.”
Simon pointed to Sununu’s veto of a medical cannabis homegrow bill last year as a “pretty clear indication that he may veto this bill as well.” However, advocates are “going to try to put it on his desk and make him have to make that decision.”
“The goal is to continue building consensus in the legislature, trying to get to the point where we would have an opportunity to win this year, but we recognize that the odds are against winning this,” he said. “But it’s an election year so we’re going to try to pull off an upset.”
“I think the most important thing is that New Hampshire should not be an island of prohibition,” he added. “We’re literally surrounded by jurisdictions where it’s legal for adults to possess cannabis and there’s no justification whatsoever for the Live Free or Die State to be maintaining prohibition.”
A full tax-and-regulate marijuana legalization bill did pass the House of Representatives last year. But after receiving a hearing in the Senate Judiciary Committee, it ultimately stalled and died. That was one of several marijuana legalization measures that have advanced in the legislature in recent sessions without having enough bicameral support to cross the finish line.
In Vermont, where the noncommercial legalization law has been in effect since July 2018, legislative leaders are working to add a system of regulated and tax sales and production in the 2020 session.
Photo courtesy of Nicholas C. Morton.
Lindsey Graham Challenger Jaime Harrison Backs Legalizing Marijuana
The Democrat mounting a well-funded bid to oust Senate Judiciary Committee Chairman Lindsey Graham (R-SC) says he supports legalizing marijuana.
“I think we should legalize, regulate and tax marijuana like we do alcohol and tobacco,” Jaime Harrison argued this week. “There is simply no medical reason to lock people up over this issue. In essence, this is about common sense.”
The former South Carolina Democratic Party chairman said that the issue is also a matter of criminal justice reform.
“We know that marijuana arrests, including those for simple possession, account for a large number of drug arrests. The racial disparities in marijuana enforcement—black men and white men smoke marijuana the same rates, but black men are much more likely to be arrested for marijuana possession—is just unacceptable,” he said in an interview with CNBC. “Across the country, we are finding that states are legalizing marijuana and medical marijuana, and it’s just time for South Carolina to lead on this issue.”
Federal campaign finance disclosures filed on Wednesday show that Harrison, who also served as an aide to Rep. Jim Clyburn (D-SC) and a lobbyist with the Podesta Group, outraised Graham for the second quarter in a row.
The state Democratic party, on Harrison’s last day in office as chair in 2017, approved a resolution endorsing a pending medical cannabis bill in the South Carolina legislature.
“Caregivers and patients are searching for treatment options for unmet medical needs, particularly for epilepsy, Alzheimer’s disease, cancers, and the effects of chemotherapy,” the measure said. “The cannabis plant in various forms including oils, creams, drops and liquids has shown some promise in treating these medical conditions.”
A South Carolina Senate committee advanced a medical marijuana bill last year but it never ended up advancing to a floor vote.
In 2018, the state’s Democratic primary voters approved an advisory medical cannabis ballot question by an 82 percent to 18 percent margin.
Graham, for his part, opposes marijuana legalization and hasn’t brought any pending cannabis legislation up for hearings or votes in his panel, which handles criminal justice issues.
That said, he has cosponsored a handful of reform bills in past years. For example, in 2016 he signed onto legislation to protect medical marijuana states from federal interference and reschedule cannabis, and in 2017 he cosponsored a bill to remove CBD from the list of federally banned substances.
He has a mixed record when it comes to votes on cannabis amendments.
In 2015, Graham voted against an Appropriations Committee amendment that would have allowed the U.S. Department of Veterans Affairs to recommend medical cannabis to patients; but the next year he reversed himself and supported a similar measure. Also in 2016, he backed an amendment to prevent the Department of Justice from spending money to interfere with state medical cannabis laws.
Shortly after it was announced he would be taking over the Judiciary panel’s gavel, Sen. Cory Booker (D-NJ) joked that he would be sending marijuana-infused brownies to congratulate Graham, a quip that the incoming chairman seemed to appreciate.
While South Carolina typically isn’t seen as a state where Democrats are likely to pick up a U.S. Senate seat, this year’s contest between Harrison and Graham is attracting attention from national political observers due to the outsized funding haul the challenger has been able to bring in so far.
Photo courtesy of Max Pixel.
GOP Congressman Withdraws Amendment To Block D.C. Psychedelics Decriminalization
A GOP congressman filed an amendment to a spending bill on Wednesday, seeking to undermine a local Washington, D.C. ballot initiative to deprioritize enforcement of laws against a broad class of psychedelics.
But while Rep. Andy Harris (R-MD) made the case that his proposed measure represented a reasonable compromise—making it so only psilocybin mushrooms would be low police priorities and only if a doctor recommended them for medical reasons—he ultimately withdrew the amendment rather than force a vote.
“This amendment deals with Initiative 81…which would make the use of hallucinogenic drugs a low priority for enforcement in the District of Columbia,” Harris said in his opening remarks before the House Appropriations Committee.
The congressman added that he’s particularly concerned about the scope of the ballot measure, acknowledging that “there is limited data that psilocybin may be useful in some circumstances” but asserting that the same can’t be said of the other entheogenic substances such as mescaline that would be covered under the activist-driven initiative.
Watch the debate over Harris’s D.C. psychedelics amendment below:
It should be noted that while activists behind the initiative submitted their signatures last week and believe they have more than enough to qualify for the November ballot in the nation’s capital, the Board of Elections has yet to certify them. Harris acknowledged that but said “I suspect it might be [qualified for the ballot] by the time” the spending bill goes to a bicameral House and Senate conference committee that will finalize the Fiscal Year 2021 Financial Services and General Government bill for delivery to the president’s desk later this year.
It’s not clear if he was signaling that he planned to reintroduce his amendment, which also stipulates that driving under the influence of psychedelics would be prosecutable, on the House floor or if he plans to work to get a senator to tack it onto that chamber’s version of the legislation, which deals with funding for D.C.
“I think the District of Columbia is different from other cities because we have people coming in from all over the country—and we certainly, I would hope, don’t want to be known as the drug capital of the world,” he said.
There was some debate on the measure by the panel. House Appropriations Financial Services and General Government Subcommittee Chairman Mike Quigley (D-IL) and Rep. Betty McCollum (D-MN) voiced opposition while the subcommittee ranking member, Rep. Tom Graves (R-GA), and Rep. Robert Aderholt (R-AL) spoke in favor of the proposal.
“If the district residents want to make mushrooms a lower priority and focus limited law enforcement resources on other issues, that is their prerogative,” Quigley said. “Congress has allowed jurisdictions in California and Colorado to exercise their sovereign right to set policy on mushrooms, the District of Columbia too should be allowed to use their local funds to support their local needs and their priorities.”
Graves argued that “we all can agree that policies that increase the availability of psychedelic drugs in our nation’s capital, that’s dangerous.”
“As the nation’s capital, the District of Columbia, it should be a place where Americans come to see their government at work, for history, maybe go to a Braves-Nats game—it shouldn’t be a destination for illegal drugs,” he said.
McCollum said the amendment serves as another example of Congress attempting to impose excess regulations on D.C. and argued in favor of statehood for the district.
“Now we’re not even allowing the District of Columbia to move forward and decide whether or not this is a good idea,” she said. “I oppose the amendment.”
Rep. Eleanor Holmes Norton (D-DC) celebrated the amendment’s withdrawal with a taunt on Twitter, saying, “Regular #homerule offender @RepAndyHarrisMD tried to bar DC from using its own funds to enact a proposed ballot initiative on entheogenic plants + fungi or any similar law, but then withdrew it before the committee could defeat it.”
That prompted Harris to reply that the “process of educating Congress about how dangerous this initiative is has begun. DC has enough of a drug abuse problem without becoming the drug capital of the country.”
The process of educating Congress about how dangerous this initiative is has begun. DC has enough of a drug abuse problem without becoming the drug capital of the country. "Warrioronthehill" should be fighting AGAINST drug use, not FOR it.
— Rep. Andy Harris, MD (@RepAndyHarrisMD) July 15, 2020
Harris’s office didn’t respond to Marijuana Moment’s request for comment about whether he withdrew the amendment because he sensed he didn’t have the votes to pass it in committee.
In his closing remarks at the markup, the congressman said that his measure “is more than just mushrooms. That’s my whole point.”
“Mushrooms is psilocybin—that has a medical use. This includes mescaline, peyote, three other substances [that] have no medical use at all,” he said.
Melissa Lavasani, who proposed the D.C. ballot measure and is part of the Decriminalize Nature D.C. group working to pass it, said in a press release that “our campaign is about helping D.C. residents by enacting common sense reforms to police priorities that ensure that those using healing plant and fungi medicines are not law enforcement targets.”
This isn’t Harris’s first go at pushing for legislation that leverages Congress’s control over the D.C. budget to interfere in local drug policy issues.
Harris has been a consistent opponent of cannabis reform, repeatedly backing a long-standing congressional rider that bars D.C. from using its tax dollars to implement a legal marijuana marketplace. Last year, however, it was not included in the annual spending bill as introduced by House Democratic leaders and the congressmen didn’t attempt to introduce an amendment to reinsert it. It was included in the Senate version and was included in the final enacted bill following conference committee negotiations, however.
The Drug Policy Alliance sent a letter to committee leadership in advance of Wednesday’s hearing, urging them to oppose any attempts to interfere in D.C.’s ability to vote on the psychedelics reform initiative.
Photo courtesy of Wikimedia/Mushroom Observer.
Colorado Marijuana Regulators Propose ‘Franchise’ Business Model For Equity Applicants
Colorado marijuana regulators are looking for feedback on a proposal to create a franchise cannabis business model to promote equitable participation in the industry by people from communities harmed by the war on drugs.
When legislators initially approved a bill to create an accelerator program for marijuana businesses, it was only designed to give eligible entrepreneurs an opportunity to share a cannabis facility with an existing company. But following stakeholder meetings, regulators laid out a proposal to let those entrepreneurs functionally serve as franchises of current larger marijuana businesses, operating out of separate facilities but sharing branding, advertising and intellectual property under certain conditions.
“The Division contemplates certain components of this alternative ‘separate premises’ model will be similar to a franchisor-franchisee business relationship,” the state’s Marijuana Enforcement Division said in a notice last month.
In order to participate under the new model, the division said it would require a series of disclosures, including initial investments from both parties, terms of any financial arrangements and obligations for the licensee such as non-compete requirements.
Additional requirements could still be developed. For example, the department is considering whether franchisees should be offered reduced or waived rent to use facilities owned by existing businesses that agree to be “endorsement holders.” Regulators are also contemplating limitations for the amount of money a franchise can charge an accelerator licensee as a fee for use of their facilities, as well as liability rules.
“Available incentives for accelerator-endorsed licensees to support the ‘separate premises’ model may also include fee reductions resulting from increased financial assistance and no-cost rent arrangements, and reduced accelerator-endorsed licensee liability,” the division said.
Beyond potentially collecting fees from licensees, the benefit of becoming an endorsement holder under this separate premises model seems to be that they get to indirectly expand their business and exposure while supporting entrepreneurs who might not have the immediate resources to break into the industry.
That said, some advocates are weary of the proposed based on past experience.
“While accelerator programs sound good on paper, they so often create terrible long term power dynamics for smaller businesses that we can not endorse this approach,” Jason Ortiz, president of the Minority Cannabis Business Association, told Marijuana Moment.
“Any relationship that puts a small business owner at the whim of a larger conglomerate makes us concerned that the power dynamic there does not favor the smaller business, who will now have their operation tied to the success of the larger entity,” he said. “We instead encourage any business to invest in grant based programs that allow for smaller businesses to operate on their own premises and to run their business how they see fit.”
At the same time, Morgan Fox, media relations director for the National Cannabis Industry Association, told Marijuana Moment that the proposal “looks like it could create a lot of opportunities for people to get into the industry without having large amounts of capital and could generally lower the barriers of entry significantly.”
“Judging from the comments in the feedback solicitation, it appears that the possibility of predatory or unfair franchise relationships is at the front of the Marijuana Enforcement Division’s priorities and it intends to make it very difficult for endorsement licensees to exploit accelerator licensees,” he said. “However, we’ve learned from the shortcomings and abuses in other equity programs around the country that it is important to continually monitor and assess these programs to ensure their effectiveness.”
Stakeholders can fill out an online form to submit input on the proposal. A hearing to finalize the rulemaking is tentatively set for July 30.
At the same time, the division is also working on the implementation of a bill that defines who qualifies as a social equity cannabis business applicant for the accelerator program. Gov. Jared Polis (D) signed that legislation, which also gives him authority to streamline pardons for prior marijuana convictions, last month.
The division is scheduled to hold a separate hearing on implementing the new bill on July 28.
Photo courtesy of Kimberly Lawson.