New Hampshire Representative Dan Hynes announced on Facebook that he is officially switching parties from Republican to Independent due to his belief that the Republican party no longer values priorities such as the defense of the Constitution or individual freedom.

In his post, he explained that there were three examples that led to his decision. This included his disappointment that legislators could not protect both the rights of parents as well as children, and also the recent passage of a budget with spending of approximately 20%, explaining that it was rushed and people didn’t have enough time to read it thoroughly.

Another matter that influenced his decision involved Republicans voting against cannabis legalization in a near-unanimous vote. “It is clear they are out of touch with the overwhelming majority of their constituents, and that they do not respect or advocate for personal freedom,” Hynes explained. “I hope Republicans can get back to advocating for a smaller government. Until that happens, I will continue fighting for a smaller government that protects the constitutional rights of everyone as an independent.”

The bill that Hynes mentioned refers to House Bill 639, which was rejected on May 11 and would have legalized recreational cannabis, established a regulatory framework, established a 12.5% tax on cannabis products, implemented movement for cannabis revenue to fund research, education, and substance abuse programs, and more.

In May, Sen. William Gannon expressed his opposition for HB-639, claiming that legalization would “sell out the future of New Hampshire youth for money, as Judas sold out Jesus for a few shining coins.”

Following the bill’s rejection, Sen. Becky Whitley and Sen. Shannon Chandley released their personal statements on the issue. “Today’s failure to pass HB-639 means New Hampshire will continue to miss out on significant revenues, as our residents purchase their cannabis products in neighboring states, and will result in the continuation of significant harms caused by marijuana prohibition,” Whitley stated. “Granite Starters have already waited long enough for cannabis legalization in our state, and the Senate majority intends to make our citizens wait even longer.”

Earlier in January, New Hampshire Gov. Chris Sununu’s office shared that a bipartisan approach to cannabis legalization would never reach Sununu’s desk. “It’s failed in the Senate repeatedly, in both Republican-held years and Democrat-held years,” the office stated. “With teen drug use and overdoses on the rise, it is not anticipated that the legislature will see this as a time to ignore the data and move it forward.”

However in May, Sununu released another statement about his support for cannabis legalization that focuses on harm reduction. “NH is the only state in New England where recreational use is not legal. Knowing that a majority of our residents support legalization, it is reasonable to assume change is inevitable. To ignore this reality would be shortsighted and harmful,” Sununu stated. “That is why, with the right policy and framework in place, I stand ready to sign a legalization bill that puts the State of NH in the driver’s seat, focusing on harm reduction—not profits.”

Sununu ended his statement with a firm outlook on what kind of cannabis legislation he will and won’t veto. “I am supportive of legalizing marijuana in the right way —with this legislature —rather than risk a poorly thought out framework that inevitably could pass under future governors or legislatures. Should the legislature pass future legalization bills without these provisions in place, they will be vetoed,” Sununu stated. “This is the best path forward for our state, and I stand ready and willing to work with the legislature so that we can deliver a legalization bill that is smart, sustainable, and retains the fabric and culture of our state.”

A poll published by the University of New Hampshire in March 2022 found that 74% of residents approve of cannabis legalization.

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The New Hampshire state Senate on Thursday voted down a bill to legalize recreational marijuana, with senators on both sides of the aisle citing concerns for children’s safety. The measure, which was passed by the New Hampshire House of Representatives last month, was rejected in the Senate by a vote of 14-10 on May 11.

Republican Senator Jeb Bradley, the president of the New Hampshire Senate, said that as the state combats a drug addiction and overdose crisis, it is not the right time to legalize marijuana.

“Recreationalizing marijuana at this critical juncture would send a confusing message, potentially exacerbating the already perilous drug landscape and placing more lives at risk,” Bradley said in a written statement cited by the Coast Reporter.

Had the measure been passed by the state Senate and signed into law by Republican Governor Chris Sununu, House Bill 639 would have legalized the possession and use of small amounts of marijuana for adults aged 21 and older. If adopted, New Hampshire would have been the 22nd state in the nation to legalize recreational marijuana, making it the last in New England to end the prohibition of cannabis.

The legislation would have renamed the New Hampshire Liquor Commission as the Liquor and Cannabis Commission, which would have been tasked with regulating the commercial cultivation, processing, safety testing and distribution of cannabis. The measure also included a 12.5% tax on cannabis cultivation, with revenue raised by the tax dedicated largely to the state’s pension liability and New Hampshire’s education trust fund. Revenue raised from cannabis taxes would also have been used to fund substance misuse programs and law enforcement training.

Under current New Hampshire law, simple possession of up to ¾ of an ounce of cannabis is a civil offense subject to a fine of up to $100. Possession of cannabis in amounts greater than ¾ of an ounce is a misdemeanor punishable by up to one year in jail and a fine of up to $350.

Opponents Cite Youth Safety in New Hampshire

Senator Lou D’Allesando, the lone Democrat in the Senate to vote against the legalization bill, noted that he spent 50 years of his life as a teacher and coach. Also a grandparent, he said that he was opposing the bill to protect kids.

“It would say to our children that marijuana is safe and could be used without harmful consequences,” D’Allesandro said, “and nothing could be further from the truth.”

With the exception of D’Allesandro, all Democratic senators voted in favor of the bill, while all but one Republican voted against the measure. Democratic Senator Becky Whitley refuted claims that legalizing marijuana for adults would cause the rate of use by young people to rise dramatically.

“Youth already use marijuana right now in our state; it’s undeniable,” said Whitley. “What I want to see is a decrease in that use, and if we legalize, that’s what I’m hearing will happen.”

House Democratic Leader Matt Wilhelm said that legalizing marijuana has significant public support in New Hampshire, adding that regulating cannabis could have a positive impact on public health.

“Every day that New Hampshire remains an island of prohibition, more voluntary tax revenue from our residents flows to surrounding states to fund programs and services benefitting their residents,” Wilhelm said in a press release.

Frank Knaack, policy director at the American Civil Liberties Union of New Hampshire, criticized senators who failed to vote in favor of the legalization bill.

“These lawmakers are willing to ignore the will of their own constituents and are okay with continuing to needlessly ensnare over a thousand people — disproportionately Black people — in New Hampshire’s criminal justice system every year,” said Knaack.

The New Hampshire House of Representatives passed the legislation on April 7, but approval became unlikely in the Senate after a key committee recommended against passing the measure. Previous attempts to legalize recreational marijuana in New Hampshire have also seen success in the House of Representatives but failed to gain approval in the state Senate. Supporters of HB 639 had hoped that legalization efforts would finally see success in 2023.

“New Hampshire remains the only state in New England that has failed to legalize cannabis, while our neighbors benefit from increased revenue and their cannabis users benefit from safer testing and regulation of the product,” Democratic Representative Matt Wilhelm, a co-sponsor of the bipartisan bill in the House of Representatives, said in a statement after the bill succeeded in the lower chamber of the legislature last month. “Legalization of adult possession of small amounts of cannabis is the right thing to do for New Hampshire and we must get it done in 2023.”

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House Bill 431 was introduced on Jan. 5, 2023, and has proceeded through numerous sessions and hearings before passing in the House on March 22. If passed, it would allow patients as well as caregivers to cultivate up to three mature plants, three immature plants, and 12 seedlings at home. Additionally, HB-341 would also increase the number of plants that medical cannabis dispensaries can grow, with 80 mature plants, 160 immature plants, and an endless number of seedlings.

The bill requires that patients report their cultivation to the Department of Health and Human Services, and as a qualifying patient or caregiver, would be protected from arrest by state or local law enforcement or penalty under state or municipal law.

During the hearings that have been conducted so far, two concerns have been discussed, according to Rep. Erica Layon of Health, Human Services and Elderly Affairs. “This bill as amended provides a framework for therapeutic cannabis patients or their caregivers to grow cannabis with restrictions. This bill addresses two major problems for this community—access and price,” said Layon during a meeting on March 17. “The closest Alternative Treatment Center (ATC) may be far away and the cost of this product is high. Most therapeutic cannabis patients will continue to purchase their product from ATCs and those who choose to grow their own will be able to purchase seedlings from the ATC or grow from seeds according to their preference. This bill has broad support from stakeholders including patient representatives, ATCs and the department.”

Rep. Wendy Thomas, one of the sponsors of HB-341, tweeted about the bill’s progress so far. “Passed on a voice vote of the Consent Calendar—HB-431—Therapeutic home-grow now moves to the Senate One step closer. Thanks to all of the many advocates who have worked to make this happen. Let us not take our foot off the gas until we get this signed,” she posted on March 22. The bill now heads to the senate for further consideration.

On Twitter, Prime Alternative Treatment Centers Director of Public and Government Relations Matt Simon shared that he believes this is the 11th time that a medical cannabis cultivation bill has passed through the House since 2009. According to Simon, only four of those bills passed through the Senate.

As of January, New Hampshire Gov. Chris Sununu’s office predicts that cannabis legalization will not reach his desk. “It’s failed in the Senate repeatedly, in both Republican-held years and Democrat-held years,” Sununu’s office said in a statement to New Hampshire Public Radio. “With teen drug use and overdoses on the rise, it is not anticipated that the legislature will see this as a time to ignore the data and move it forward.”

House Bill 360 also recently passed in the House on March 21, which would legalize adult-use cannabis by removing cannabis from the state’s list of banned substances and removing any criminal penalties for cannabis offenses. While cannabis would be legal to possess, cultivate, and purchase, it does not implement any tax or regulation program. It has also moved to the Senate for further consideration.

House Bill 639 has also been making its way through the House. If passed, it would legalize possession, cannabis sales, and gifting of up to four ounces, create a Liquor and Cannabis Commission to manage industry regulations statewide, implement taxes for cultivators, and much more. The latest hearing was held on March 20.

Rep. Anita Burroughs spoke during a floor debate for HB-639 on Feb. 22, and explained that it is “good legislation that is the result of the goodwill and diligent work of both political parties.” “We can now join other New England states that offer safe, regulated and a profitable cannabis industry to their citizens,” she continued.

Other representatives expressed their excitement when HB-639 passed on Feb. 22. “I cast my vote on cannabis legalization from seat 4-20!” Tweeted Rep. Amanda Bouldin. “We did the damn thing #blazeit” Rep. Jessica Grill shared.

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