There’s one Granite State senator who is certain the marijuana legalization bill passed Thursday by the House will once again die in the upper chamber, and he’s not shy about explaining why.
“They willfully disregarded the franchise model that was the compromise for state control over sales,” Sen. Daryl Abbas (R-Salem) told NHJournal. “What they passed is a non-starter that will fall significantly short of votes in the Senate.
“They took a Fantasyland route to get this done.”
Abbas said his concern is that the model approved by the House would eventually make New Hampshire look a lot like Massachusetts — with an influx of state-licensed stores — and a lot less like the way the Granite State currently oversees its franchise model approach to its state liquor outlets.
There are currently more than 300 locations in Massachusetts where users can buy recreational marijuana. Industry oversaturation has led to plummeting cannabis prices and hasn’t made much of an impact on a stubbornly popular black market.
“I’m not budging from the franchise model,” Abbas added.
In a recent interview on the WFEA radio, Senate President Jeb Bradley (R-Wolfeboro) told host Drew Cline, “There are nine or 10 [senators] like myself who do not support the legalization of marijuana, and there are probably nine or 10 who absolutely do. So four-to-five members are kind of on the fence, and it’s going to depend on what those four-to-five members do.”
New Hampshire is served by 24 state senators and is the last state in New England to legalize marijuana sales. Republicans outnumber Democrats 14-10. It would take a simple majority to advance any proposal to Gov. Chris Sununu’s desk.
Last August, Sununu signed into law a bill creating a commission tasked with examining marijuana legalization and outlining a plan for recreational sales through a state model. Abbas served as commission chairman.
The amended bill overwhelmingly passed by the House last Thursday would initially limit marijuana sales to 15 locations scattered statewide, with an opportunity to open more stores in the future. Sales would be restricted to adults 21 and older. New Hampshire would impose a 10 percent tax on gross profits, with some of that revenue allocated towards hiring drug recognition experts to identify impaired drivers, while 65 percent of the proceeds would be funneled into the state’s education trust fund.
It would remain illegal for citizens to privately grow plants or use marijuana in public, although a misdemeanor charge would only be filed after the third public use offense.
Abbas said the franchise model, laid out by the commission with input and guidance from the Sununu administration, is a key sticking point needed for the proposal to gain approval.
State Sen. Cindy Rosenwald (D-Nashua) told WMUR’s Adam Sexton the franchise model “is a better way to go” and represents the “right consensus and compromise.”
Meanwhile, Bradley said he still does not support “recreational marijuana,” but, like the governor, he’s resigned to New Hampshire getting in the pot biz — assuming Sununu’s demands are met.
“I suspect that when it’s all said and done, in order to pass a bill, it has to be very consistent with the governor’s outline,” Bradley said. “It needs his support.”
Sununu did not publicly signal support for legalization until last May when he released a statement outlining the parameters necessary for him to sign any proposal into law, which he described as “a path.”
Sununu’s “path” specifically calls for “the state to control distribution and access” and for cannabis products to be “tax-free to undercut the cartels who continue to drive NH’s illicit drug market.” He has also said the state-run franchise model would be the only version he will sign into law.
During the final meeting of the state commission in November, member David Mara, Sununu’s adviser on addiction and behavioral health and the former Manchester chief of police, said the governor was “adamant” about a 15-store cap.
“We don’t want to see a proliferation of what’s happening in other states,” Mara added.
Sununu has also called for a ban on lobbying for cannabis licensees.
“The worry here is that we don’t want to create a Big Tobacco atmosphere in New Hampshire that’s happened in other states,” Mara said. “We don’t want it to be where a lot of money is thrown around.
“One of the reasons we’re trying to make this a franchise model is so we don’t get a Big Tobacco. We don’t get that big money into New Hampshire and pollute the conversation about what’s best for New Hampshire.”
The bill passed by the House last week does not include a lobbying ban, a fact confirmed by Rosenwald.
Lobbying is briefly referenced, however:
“Providing a pathway for expanded licenses as the state establishes a successful long-term sustainable solution to cannabis legalization, while prioritizing harm reduction over profits.
(i) Reducing influence of lobbying and donations by:
(1) Ensuring that licensing will increase responsibly to balance the need for more cannabis retail outlets in underserved communities; and
(2) Ensuring that laws and administrative rules do not pick favorites but rather create a transparent administrative process for applications and selection criteria.”
Ahead of Thursday’s vote, state Rep. Erika Layon (R-Derry), the bill’s prime sponsor, told her House colleagues the legislation “addresses the requirements by the man with the pen in a way that allows the market to open up and increase.”
Abbas said he doubts the governor (the man with the pen) will approve the version the House advanced Thursday.
“What’s here just doesn’t line up with the requirements that were laid out to begin with,” Abbas said.
