Medicinal Cannabis Cultivation Bill Passed in New Hampshire House

House Bill 431 was introduced on January 5th, 2023 and went through numerous sessions and hearings before being passed in the House on March 22nd. If passed, it would allow both patients and caregivers to cultivate up to three mature plants, three immature plants and 12 seedlings at home. In addition, HB-341 would also increase the number of plants that medicinal cannabis dispensaries can grow, with 80 mature plants, 160 immature plants, and an endless number of seedlings.

The bill requires patients to report their cultivation practice to the Department of Health and Human Services and, as an eligible patient or caregiver, be protected from arrest by state or local law enforcement agencies or penalties under state or local law.

During the hearings conducted so far, two concerns have been discussed, according to Rep. Erica Layon of Health, Human Services and Elderly Affairs. “This law, as amended, provides a framework for therapeutic cannabis patients or their caregivers to grow cannabis with restrictions. This bill addresses two key issues for this community — access and price,” Layon said during a March 17 meeting. “The nearest Alternative Treatment Center (ATC) can be far away and the cost of this product is high. Most therapeutic cannabis patients will continue to purchase their product from ATCs, and those who choose to grow their own will be able to purchase seedlings from the ATCs or grow from seed depending on preference. This bill has broad support from stakeholders including patient advocates, ATCs and the department.”

Rep. Wendy Thomas, one of the sponsors of HB-341, tweeted about the progress of the bill so far. “A vote passed for the Consent Calendar – HB-431 – Therapeutic Home-Grow now moves one step closer to the Senate. Thanks to all the many advocates who worked to make this happen. Let’s not slow down until we sign this,” she wrote on March 22. The bill now goes to the Senate for further consideration.

Matt Simon, director of public affairs and government relations for Prime Alternative Treatment Centers, tweeted that he believes this is the 11th time a medical cannabis cultivation bill has passed the House of Representatives since 2009. According to Simon, only four of these bills have passed the Senate.

As of January, New Hampshire Governor Chris Sununu’s office is forecasting that cannabis legalization will not reach his desk. “It has failed repeatedly in the Senate, both in the Republican and Democrat years,” Sununu’s office said in a statement to New Hampshire Public Radio. “With teenage drug use and overdose on the rise, don’t expect lawmakers to see this as a time to ignore the data and push it forward.”

House Bill 360 was also recently passed in the House of Representatives on March 21, which would legalize adult use of cannabis by removing cannabis from the state list of prohibited substances and abolishing all criminal penalties for cannabis-related offences. Although it would be legal to possess, grow, and purchase cannabis, it does not implement any tax or regulatory program. It was also submitted to the Senate for further consideration.

House Bill 639 has also found its way through the house. If passed, it would legalize cannabis possession, sale and gift giving of up to four ounces, create a Spirits and Cannabis Commission to administer industry-wide regulations nationwide, introduce taxes for growers, and more. The last hearing took place on March 20th.

Rep. Anita Burroughs, speaking during a plenary debate for HB-639 on February 22, stated that it “is good legislation that is the result of the goodwill and diligent work of both political parties.” “We can now join other New England states in offering their citizens a safe, regulated, and profitable cannabis industry,” she continued.

Other officials expressed excitement when HB-639 was handed over on February 22. “I cast my vote for legalizing cannabis from #4 through #20!” Tweeted Rep. Amanda Bouldin. “We did the damn thing #blahtime,” shared Rep. Jessica Grill.