May 17—CONCORD — Legalized marijuana for recreational use by adults 21 and older took a major step toward reality Thursday night when the state Senate for the first time gave its initial approval
In a key test, the Senate voted, 14-9, to approve a rewrite of the House-passed bill (HB 1633) crafted by Sen. Daryl Abbas, R-Salem, with the conceptual backing of Gov. Chris Sununu.
After nearly three hours of debate on other changes, the Senate voted by the same margin to endorse it.
Senate President Jeb Bradley, R-Wolfeboro, and eight other Republicans opposed the plan. Sen. Lou D’Allesandro of Manchester was the only one of the 10 Senate Democrats to vote against it.
The bill was referred to the Senate Finance Committee for further review.
“We’re going to be eating pizza late debating this again next week,” Bradley said.
Sen. Bill Gannon, R-Sandown, predicted more highway deaths because of people driving while impaired by marijuana.
“I don’t want us to be the ‘live free or high’ state. It’s a free state if you aren’t hooked on drugs,” Gannon said.
Sen. Becky Whitley, D-Hopkinton, said that as the only New England state not to legalize marijuana, New Hampshire is losing millions every year in potential revenue.
“It is past time to listen to the will of the people of New Hampshire, but do it in a responsible way,” said Whitley, a Democratic candidate for Congress this fall.
Sununu said he backed the Abbas plan, which would allow sales only at 15 retail franchises tightly regulated by the State Liquor Commission.
Abbas said the SLC’s law enforcement arm should be able to curb attempts to increase sales on the black market, as happened in Massachusetts and the other New England states.
“Having liquor enforcement with jurisdiction over this and the retail stores, we would have a law enforcement agency on day one to address black market issues,” Abbas said.
Sununu said he would not support any alternative to the franchise system other than sale by the state Liquor Commission.
The rival 39-page House-passed bill by Rep. Erica Layon, R-Derry, would have 15 establishments as “agency stores,” licensed and under the operational control of the Liquor Commission.
Under the Abbas model, the state would have more control over pricing practices than the House plan.
D’Allesandro said he opposes legalizing any drugs.
“I understand the fact that grass is pervasive … but does it have a positive impact on the community, on individuals?”
Senate Republicans joining with Abbas in initially approving it were Sens. Tim Lang of Sanbornton, Dan Innis of Webster, Keith Murphy of Manchester and Howard Pearl of Loudon.
Criminal penalties
Another issue dividing the House and Senate majority is criminal penalties for someone caught smoking marijuana in public.
The Abbas plan would give prosecutors the discretion to seek jail time for someone found guilty a second time within five years of the first offense.
The House bill could charge someone with a misdemeanor for a second offense, but it could not carry jail time.
While he opposed the bill, Bradley convinced his colleagues to make some changes.
The most significant one would change an advisory board to a Cannabis Control Commission with the authority to approve rules regarding the sale of marijuana in the state.
“The rules process is going to be every bit as consequential as what we are voting on tonight,” Bradley said of his amendment, which passed, 13-11.
Sen. David Watters, D-Dover, opposed the change, warning that a high-powered commission like this could make New Hampshire a “no-go zone” for many businesses interested in selling marijuana here.
The Senate also voted, 12-11, in favor of a Bradley proposal to change the process for voter approval of a marijuana business in a city or town so that once rejected, a request could not come up again for at least three years.
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