West Lebanon
Meanwhile, Upper Valley police chiefs say the new law, which has dropped possession of small amounts of marijuana from a misdemeanor-level offense to a violation, won’t result in drastic enforcement changes but will take some getting used to. The law goes into effect in mid-September, 60 days from its signing earlier this week by Republican Gov. Chris Sununu.
“It doesn’t change what my guys and gals are going out every day and doing,” Claremont Police Chief Mark Chase said. “It just changes some of the things we do as it relates to (marijuana) arrests specifically.”
Prior to the change, individuals caught with any amount of marijuana could be arrested and charged with a misdemeanor for possessing the illegal substance. Under the new law, however, individuals possessing three-quarters of an ounce of marijuana or less, 5 grams of hashish or less or a “personal-use amount” of a marijuana-infused product only would be cited with a violation and issued something akin to a traffic ticket, sparing them a criminal record.
They could then plead guilty or no contest and send in a payment to the state, with proceeds going into a fund for substance abuse prevention programs.
People who want to contest a possession citation still would need to appear in court.
Along with a change in the legal process and implications, fines also have changed. A person guilty of a first or second offense would be subject to a $100 fine, compared to more expensive penalties and the potential for jail time under the existing law that is about to be replaced.
The new law doesn’t apply to minors; anyone under the age of 18 who is found to be in possession of marijuana is subject to a delinquency charge. A person between the age of 18 and 21 who possessed marijuana-infused products, such as a pot brownie, would still face a misdemeanor.
Prosecutor Christopher O’Connor, with the Lower Grafton County Prosecutorial Association, said the change will reduce his case load. He said he wasn’t sure how many marijuana cases, including motor vehicle stops, he deals with at a time but called it a “decent percentage.”
Although the state has recognized marijuana offenses as misdemeanors, O’Connor said it has been his practice to reduce the charge for first-time low-level marijuana offenders, such as issuing a violation or offering court diversion. Lebanon Police Prosecutor Ben Leduc previously has told the Valley News that is his practice as well.
Lebanon-based defense lawyer Patrick Hayes welcomed the governor’s signature.
He called the news a “big deal,” saying “(decriminalization) takes up an inordinate amount of time for everybody.”
“It will reduce the amount we spend frivolously on incarceration on low-level offenses,” said Hayes, a former Lebanon mayor, as well as money spent on policing and prosecuting like cases.
The law will give violators a fair shot at getting jobs too, Hayes said. Oftentimes, employers ask if a person has been convicted of a crime that hasn’t been annulled, something that could impact a person’s chances.
“Now they can truthfully say ‘no,’ ” Hayes said.
Several Upper Valley police chiefs are lukewarm to the idea of decriminalization, but say they understand that the change was the direction the state was headed. New Hampshire is now in line with every other New England state; Vermont decriminalized marijuana in 2013.
Hanover Police Chief Charlie Dennis said he is still in the early stages of reviewing the legislation and figuring out exactly how his officers will enforce it. Some questions linger, including how an officer would identify three-quarters of an ounce of marijuana on the spot.
“We don’t have the answers for that,” Dennis said. “We are not there.”
In addition, edibles, such as pot brownies, add another layer of confusion in identifying the decriminalized thresholds, police said.
“We are still trying to digest it all,” Dennis said, noting that Hanover police have about 10 to 15 marijuana arrests a year.
Lebanon Police Chief Richard Mello said he feels the impact in the city will be “very negligible.”
In 2016, Lebanon police made 152 marijuana arrests, and Mello said that number likely won’t change.
“We are not legalizing it; we are decriminalizing it,” Mello said. “We are still going to address the law.”
He noted that the marijuana statistics in Lebanon could be skewed because oftentimes when someone gets arrested they have several substances on them, including marijuana.
Police chiefs, including Mello, said they will train officers in preparation for the rollout.
“Little will change as far as enforcement,” Mello said. “Procedurally, there will be changes.”
Chase, the Claremont chief, didn’t have statistics handy, but said the city’s marijuana arrests are low, partially because of low staffing numbers.
Motorists caught with even small amounts of marijuana can still face driving under the influence charges.
Chase expressed some worry over impaired driving and the lack of tools for a police officer to measure the level of tetrahydrocannabinol (THC), the chemical compound in cannabis, in a person’s system.
“Impaired driving is a scary thing,” he said.
Jordan Cuddemi can be reached at jcuddemi@vnews.com or 603-727-3248.