Will weed be legalized in NH this year? Bills may face rocky road

New Hampshire legislators in both parties have filed bills this year to again try to legalize cannabis in the state.

State Rep. Jared Sullivan, D-Bethlehem, said Thursday that his bill, HB 198, simply aims to legalize marijuana for those over 21 in the state without dealing with the issue of how to regulate the sale of the drug.

“My goal here again is to stop arresting people and locking up people who are not committing violent crimes, who are really just consuming something that is legal in every surrounding piece of land, whether it's Maine, Canada, Vermont or Massachusetts,” Sullivan said to the House Criminal Justice and Public Safety committee in the bill’s first public hearing.

Recreational cannabis has been legalized in 24 states.

His bill also prohibits and provides penalties for the smoking or vaping of cannabis in public, seeking to appease some senators who are concerned about public smoking.

His is not the only bill seeking to legalize marijuana, but they may all face headwinds as the new governor has made her stance against legalization clear.

What is New Hampshire Gov. Kelly Ayotte opinion on legalizing marijuana?

New Hampshire Gov. Kelly Ayotte has repeatedly said she doesn't support New Hampshire changing its policy on marijuana.

“I was pretty clear on the campaign that I don't support legalizing marijuana because I am concerned about the quality-of-life issues,” she said in an interview with Seacoastonline after being elected in November. “I still feel the same way.”

How have past attempts to legalize weed in New Hampshire gone?

Last year, the legislature seemed close to finally passing a bill to legalize cannabis. But it ultimately failed because of differences of opinion on how to sell the drug: former Gov. Chris Sununu said he would only support a state-run franchise model, while others in the legislature wanted retail stores.

This year, the attempts only seek to pass simple legalization without taking on the more controversial conversation about regulating the sale of marijuana.

Can legal weed pass in 2025?

Speaking in support of HB 198, Rep. Heath Howard, D-Strafford, said that the bill is essentially a legalization for home use only with the “goal of protecting people for simple possessions.”

He and Sullivan hope that this tactic of simple legalization will gain support more easily than another attempt at regulating the sale. That can come later, Sullivan said, explaining that neighboring Vermont legalized cannabis a similar way in 2018.

But besides Ayotte's opposition, Rep. Kevin Verville, R-Deerfield, who is also sponsoring a simple legalization bill, didn’t show up for the public hearing on his bill and nobody testified, which signals potential difficulty.

Another NH bill would help people clear record of pot offenses

Rep. Jonah Wheeler, D-Peterborough, also introduced his bill to annul or discontinue past arrests and convictions for simple marijuana possession Thursday. HB 196 would cover offenses up to the possession limit.

New Hampshire has decriminalized possession of marijuana up to three-quarters of an ounce, but continues to criminalize people for past offenses. Nor has the state expunged records from past misdemeanors, Wheeler said.

"I think it's good if someone has shown that they've gone through the criminal justice system, they've served their time, to allow them to move forward in life, get their job, get their loan and have their record expunged for this crime," Wheeler said.

Wheeler introduced a similar bill last session as well. It passed the House but not the Senate.

New Hampshire legislators have introduced several other cannabis-related bills too, many relating to therapeutic cannabis use.