As Marijuana Decriminalization Takes Effect, A Reminder: Legalization Is Much More Popular Than NH Pols

CONCORD, NH — Today, as a result of legislation signed in July by Gov. Chris Sununu, New Hampshire became the final New England state to stop criminalizing possession of small amounts of marijuana. This means that our state and local police no longer have the authority to arrest people if their only offense is possessing up to three-quarters of an ounce of marijuana or up to five grams of hashish. You can read a summary of the new law here.

Reducing penalties from a misdemeanor to a violation might seem like a small shift in policy, especially now that marijuana has been legalized in both Maine and Massachusetts. (For more information on this and other neighborhood stories, subscribe to Concord NH Patch to receive daily newsletters and breaking news alerts.)

However, the impacts for both marijuana users and the criminal justice system will be significant. According to data from the FBI Uniform Crime Reporting Program, in 2015 there were 4,675 marijuana arrests in New Hampshire — 999 for distribution and a whopping 3,676 for possession.

In other states, decriminalization has resulted in dramatic, immediate reductions in arrests. For example, after Vermont decriminalized an ounce or less of marijuana in 2013, the RAND Corporation found that the number of criminal marijuana cases plummeted 80% during the first year the policy was in effect. While the number of cases involving cultivation and sale was unchanged, the number of cases involving possession of two ounces or less dropped 89%, as violators were simply being cited and fined rather than arrested and prosecuted.

Based on the experiences of Vermont and other states, we can predict that New Hampshire’s policy change will eliminate roughly 80% of marijuana possession arrests, a reduction that would have added up to 2,940 fewer arrests in 2015. Despite the protestations of a few police chiefs, it’s clear that issuing citations rather than making arrests for marijuana possession will save police departments a significant amount of time and money. Furthermore, allowing violators to pay their fines by mail will make the process much less burdensome for them, their families, and the court system.

Legalization is much more popular than N.H. politicians

It’s worth celebrating the fact that New Hampshire is finally moving in the direction of living up to its “Live Free or Die” motto on marijuana policy. However, most residents believe the state should eliminate marijuana possession penalties altogether. The most recent Granite State Poll, published by the University of New Hampshire Survey Center, found that 68% of Granite Staters support legalization.

The same poll found that 52% of Granite Staters have a favorable opinion of Gov. Chris Sununu, who is currently the state’s most popular politician. That’s right — it turns out that marijuana legalization is now more popular in New Hampshire than any of the state’s best-known elected officials. Remarkably, twice as many Granite Staters support marijuana legalization as approve of the president of the United States!

Despite popular opinion, study commission is stacked heavily against reform

You might think that with 68% support from the general public, the Legislature would at least create a fair study commission to consider the issue. The House did indeed vote to do so when it passed HB 215, which would have created a balanced study commission. However, the Senate amended the bill to remove all supporters of legalization — such as the ACLU-NH and Marijuana Policy Project — leaving only opponents, including New Futures and the Association of Chiefs of Police. In addition, seven members have been appointed: four by the House speaker, two by the Senate president, and one by the governor.

The House speaker and Senate president have both opposed all marijuana policy reform bills in recent years, including medical cannabis and decriminalization, so it was no surprise when they appointed six legislators who are not known to be supportive of legalization. One of the commission members, Sen. Bill Gannon, has for years been one of the state’s staunchest, most outspoken opponents of reforming marijuana laws. Earlier in the year, Gannon made his position clear during a debate on the Senate floor: “I draw a line in the sand here today and say never to legalizing marijuana.”

Advocates will present the commission with compelling evidence in support of sensible regulation, including evidence that policies in states like Colorado and Washington are working. Unfortunately, advocates will likely find that it is very difficult to persuade staunch opponents like Sen. Gannon, who appear to have already made up their minds before taking an objective look at the issue.

In case you are wondering, several legislators who do agree with the majority of Granite Staters on this issue did ask to be appointed to the commission, but their requests were denied.

Regardless of what happens with this study commission, marijuana legalization is certain to emerge as a major issue in next year’s election. Voters increasingly believe that — like alcohol prohibition before it — marijuana prohibition hasn’t worked, and they see that it has caused needless suffering and enriched criminals. As the polls plainly show, office-seekers who continue to oppose ending marijuana prohibition do so at their own political peril.

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