The debate around adult-use cannabis legalization in New Hampshire reached a critical milestone recently. The state’s House of Representatives passed a Republican-led bill (HB 75) last week in an effort to legalize marijuana possession and use for adults aged 21 and older. However, the bill does not include provisions to regulate cannabis sales, and its path to becoming law is far from certain. With Gov. Kelly Ayotte signaling opposition and a long history of rejected cannabis reform bills, New Hampshire residents may need to temper their expectations.
What HB 75 Proposes
HB 75 aims to legalize the personal possession and use of marijuana for adults aged 21 and older. The bill removes criminal penalties for possession but does not establish a regulated market for cannabis sales.
Under the bill, adults will be allowed to legally possess and use cannabis. However, minors caught with marijuana will face violations and be required to undergo substance use screenings. Public consumption of cannabis remains prohibited, and there is no commercial framework in place for the cultivation, distribution, or sale of marijuana.
Supporters of the bill argue that excluding regulation simplifies the process and opens the door for future discussions about cannabis taxation and sales.
The Push for Change
Democratic Rep. Jodi Newell (D) has emphasized the potential benefits of adult-use cannabis legalization for New Hampshire citizens. During discussions, Newell highlighted cannabis as a safer alternative to alcohol and opioids, referencing personal tragedy to underline her point. “Cannabis is a much safer alternative to the substances that have taken the lives of my loved ones and likely many of yours,” Newell said, urging lawmakers to support the measure.
Rep. Jared Sullivan (D) noted that the bill mirrors pathways taken by other states, like Vermont, which legalized cannabis use and possession before later establishing a regulatory framework for sales.
Polling data suggests that a majority of New Hampshire residents (65%, as of June 2024) support legalization. Residents appear to align more with progressive cannabis policies, considering that neighboring New England states like Maine, Massachusetts, and Vermont have already embraced recreational legalization.
Despite passing the House, HB 75 faces uphill battles in the Senate and governor’s office. Gov. Ayotte, a Republican and former state attorney general, campaigned against marijuana legalization and has reiterated her intention to veto any reform bills that reach her desk. This resistance mirrors her predecessor Chris Sununu’s stance, despite bipartisan support for past measures.
Critics, including Rep. Terry Roy (R), argue that HB 75 lacks the guardrails necessary for responsible legalization. Roy stated, “If we decide to legalize marijuana, then we should do it correctly, in an orderly way.” Many lawmakers are concerned about the absence of regulatory oversight, protections for minors, and ways to prevent black-market activity.
A Long History of Stalled Cannabis Legislation
New Hampshire’s cannabis legalization landscape is uniquely cautious. While the state allows medical marijuana, recreational-use bills have repeatedly stalled in the legislature. Last year, a major legalization effort crumbled in the House after disagreements about proposed state-controlled retail operations. With more than tons cannabis bills introduced over the years, none have successfully crossed the finish line.
The failed measures highlight two key themes. First, cultural conservatism plays a significant role. While New Hampshire prides itself on its “Live Free or Die” ethos, this sense of independence has not translated to cannabis legalization. For many residents, particularly among older generations, the stigma surrounding marijuana remains strong.
Second, there is a lack of a unified strategy among lawmakers. Efforts to legalize adult-use cannabis have been fragmented, with proposals ranging from regulatory-heavy, state-controlled sales models to straightforward decriminalization. This division has made it difficult to build cohesive, bipartisan support for any single approach.
The Broader Legalization Landscape
New Hampshire remains the only New England state without adult-use cannabis. Across the U.S., however, public and legislative support for legalization is steadily increasing. States like Vermont and Virginia have unregulated legalization approaches similar to HB 75, using them as stepping stones toward fully regulated markets. This incremental strategy may offer New Hampshire a feasible pathway forward without overwhelming opposition.
Additionally, the revenue potential of cannabis legalization continues to sway hesitant lawmakers. Nearby states have raked in millions in cannabis tax revenue to fund public schools, infrastructure, and equity initiatives. New Hampshire risks losing revenue to border states, as residents cross state lines to access legal cannabis.
What’s Next for Adult-Use Cannabis in New Hampshire?
The future of cannabis legalization in New Hampshire depends on three key factors. The first is securing Senate support for HB 75, a critical step in advancing the reform. While Senate approval remains uncertain, growing public support could play a pivotal role in influencing senators to reconsider their stance on cannabis legalization.
The second and most significant obstacle is overcoming a potential gubernatorial veto. Governor Ayotte’s firm opposition to cannabis reform poses a major challenge. To override a veto, proponents would need supermajority support in the legislature, a daunting task given the current divisions among lawmakers.
Lastly, there are alternative bills being considered in the legislature. HB 198 proposes a similar unregulated legalization model, while HB 186 introduces a regulated framework with licensed businesses. Although both bills face considerable challenges, their presence highlights the increasing determination among lawmakers to push forward with cannabis reform efforts.
The passage of HB 75 marks a symbolic victory for cannabis advocates in New Hampshire. However, the path to comprehensive legalization remains riddled with obstacles, from Senate approval to gubernatorial opposition. To achieve meaningful reform, lawmakers must build bipartisan bridges and align on a scalable, responsible approach.
For now, cannabis reform in New Hampshire seems more like a marathon than a sprint. Yet, with sustained public support and lessons learned from neighboring states, the Granite State may eventually shed its status as the lone prohibitionist in New England.
