Marijuana grows for medical use in 2023. Public opinion polling has shown Granite Staters also favor legalization of marijuana for recreational purposes. Credit: Hannah Schroeder / Keene Sentinel, file

Chances that the New Hampshire Legislature will pass a marijuana legalization bill increased last week when Democrats won control of the state House and Senate, says Rep. Jared Sullivan, who will sponsor the measure.

It would then be up to Republican Gov. Kelly Ayotte to sign it into law. She has long been opposed to legalization.

Sullivan, D-Bethlehem, said Monday that perhaps there will be an opportunity to work out a compromise plan with her.

But if a legalization bill passes and she vetoes it, the Legislature could override that veto with a two-thirds vote in the House and Senate.

Democrats will have a supermajority in the House, but will likely have to peel off at least one Republican vote in the Senate to complete an override.

A few Senate Republicans have favored legalization in the past, but of course that does not mean they would necessarily buck a Republican governor and vote to override.

Sullivan said his bill would legalize possession of small amounts of the drug for adults, prohibit its use in public, allow its sale in private stores licensed by the state, and allow its potential sale in state-run liquor stores.

Marijuana possession has been decriminalized in New Hampshire. Possession is a violation-level offense similar to a speeding ticket. But people can still face criminal charges in some cases of multiple offenses or if they have more than three-quarters of an ounce of the drug.

“My view is that we need to stop arresting people for it,” Sullivan said. “While it’s decriminalized in New Hampshire, people still do get arrested every year for it. Not a ton, and certainly fewer than in the past, but marijuana is genuinely accepted at this point across society, so we shouldn’t continue to arrest people and in the process ruin people’s lives.

“That’s my number one reason. Let’s stop arresting people and give adults the freedom to use it responsibly.”

As a side benefit, he said, the state could bring in $30 million a year in tax revenue through legalization. Sullivan’s plan would make marijuana sales subject to the meals and rooms tax.

Public opinion polling has shown Granite Staters favor legalization, which has been done in neighboring states. New Hampshire has legalized sales of medical marijuana under the state’s Therapeutic Cannabis Program.

Matt Simon, a spokesman for GraniteLeaf Cannabis, a medical marijuana provider, is a longtime observer of legalization efforts. The company has dispensaries in Chichester and Merrimack and a production facility in Peterborough.

“New Hampshire voters overwhelmingly support cannabis legalization, and it would be great if the Legislature could find a way to get it done,” he said.

In Massachusetts on Tuesday, voters resoundingly opposed a ballot measure to repeal its legalization law.

Opponents of legalization in New Hampshire often cite public health concerns. They also say that legal marijuana sales would inevitably increase its use and that there would be a greater likelihood of it falling into young people’s hands.

Proponents say that with legalization, there would be greater control of the substance and a reduced possibility that people would be using illicit supplies of the drug that could be mixed with more dangerous substances.

Timothy Egan, a Democrat from Sugar Hill, has been an outspoken advocate for legalization. He served in the state Legislature from 2018-2022, and was elected last week to rejoin the House.

“That’s why I ran, to change the makeup of the House to allow for adult use of cannabis not only as medicine but as something of economic value to the state,” he said Monday.

“We’re concerned with affordability and high property taxes, and the only way to alleviate that is to find new revenue without adding an income or sales tax, and I won’t add that, so if we can find new cannabis revenue that helps the situation.”

Rick Green can be reached at 603-352-1234, extension 1435, or rgreen@keenesentinel.com.

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