Sununu Signs NH Marijuana Decriminalization Bill Into Law

CONCORD, NH — Gov. Chris Sununu, R-NH, became the last New England governor to sign into law a bill decriminalization small amounts of marijuana. The bill – HB 640 – was one of 28 bills the governor signed on July 18, 2017. The decision to sign the bill makes New Hampshire the 22nd state in the United States to eliminate the possibility of jail time for marijuana possession.

“The governor deserves credit for his steadfast support of this commonsense reform,” said Matt Simon, the New England political director for the Marijuana Policy Project. “Unlike his predecessors, who opposed similar proposals, Gov. Sununu appears to understand that ‘Live Free or Die’ is more than just a motto on a license plate.”

Simon noted that the Republican-controlled House had been approving decriminalization bills since 2008 but Democrats in the corner office as well as Republicans in the state Senate had been keeping the bills from moving forward.

“It is refreshing to see the Senate finally come to an agreement with the House on this issue,” he stated. “This is a big step toward a more sensible marijuana policy for New Hampshire.”

HB 640 was introduced by state Rep. Renny Cushing, D-Hampton, as well as a bipartisan group of co-sponsors. HB 640 will reduce the penalty for possession of up to three-quarters of an ounce of marijuana from a criminal misdemeanor – currently punishable by up to one year in prison and a fine of up to $2,000 – to a civil violation punishable by a $100 fine for a first or second offense and a $300 fine for a third offense within three years of the first offense. A fourth offense within three years of the first offense could be charged as a Class B misdemeanor, but there would be no arrest or possibility of jail time.

It was easily approved in February with the Senate approving a similar bill in May. The House then approved a compromise version in June.

"Decriminalizing marijuana will reduce the burden low-level marijuana offenses place on police officers and judges who have to deal with these cases every day," said Richard Van Wickler, a superintendent of Corrections at a jail facility in New Hampshire and board chairman of the Law Enforcement Action Partnership. "I look forward to seeing our justice system refocus on serious crimes and use resources more effectively to keep our families and communities safe."

For Simon, the work doesn’t end here. He is hoping that New Hampshire moves toward legalization and noted that in polling data more than the majority of Granite Staters believe that it should be legalized and regulated.

“New Hampshire lawmakers should continue to follow their constituents’ lead on this issue,” Simon said. “Every state in New England is either implementing or strongly considering legislation to regulate marijuana for adult use. It is time for the Legislature to develop a realistic marijuana prohibition exit strategy for New Hampshire.”

The American Civil Liberties Union of New Hampshire also commended the governor for signing what its executive director called critical drug reform policy.

“We applaud Governor Chris Sununu for signing HB 640 into law without delay,” stated Devon Chaffee, in a press statement. “It is time for New Hampshire to join the rest of New England in adopting more sensible marijuana possession laws.”

According to an ACLU 2013 study, New Hampshire spent more than $6.5 million in a single year enforcing marijuana possession laws. In New Hampshire, the org noted, blacks are 2.6 times more likely to be arrested for a marijuana possession offense than whites.