Home » News » Politics
Bill heard on legalization of marijuana possession
CONCORD — Marijuana would be legalized for possession of less than one ounce under a bill heard Thursday before the House Criminal Justice and Public Safety Committee.
With House Bill 1526, possession of an ounce or less of marijuana would move from a Class A misdemeanor now punishable by up to one year in jail and a $2,000 fine, to a violation level offense, subject to a $100 fine.
Those who are 18 and older could possess the weed, but those younger found with the drug would be subject to a training program and parental notificaton. If the training is not completed, the underage teen could be fined up to $1,000.
Rep. Rick Watrous, D-Concord, the measure's co-sponsor, said passing the bill would reduce criminal justice costs and no longer make criminals of otherwise law abiding citizens.
But Karin Eckel, assistant New Hampshire attorney general, opposed the bill, on behalf the state Department of Justice.
She said the current law is “clear and enforceable.”
It would become more complicated under the provision, she said, particularly on highways where the drug's smoky smell is enough to justify a police search of a vehicle.
“It may impact the way police officers pursue crimes,” she said.
“It would still be a federal crime,” she noted, “so anyone on federal property would be subject to arrest.”
Eckel noted that decriminalization laws send a confusing message to teens, and reducing the penalty might remove a powerful deterrent.
New Hampshire State Police Maj. Russ Conte said there would likely be no benefit to the state in reduced costs for analyzing the green vegetative material, which in some cases can contain other drugs or may not even be drugs.
He said the crime lab processes 7,000 samples a year, most all less than an ounce. The material would still need to be analyzed.
He said he did not know of a single case in which someone received a one-year sentence for simple possession.
To committee members who noted that a second misdemeanor conviction for marijuana possession could limit financial aid for higher education, Conte said those in law enforcement “don't want to ruin a kid's life,” but there needs to be a mechanism to deter drug abuse.
Shannon Libby, a health teacher from Franklin High School and leader of the Franklin Youth Initiative, brought a group of members to oppose the bill before the House Criminal Justice and Public Safety Committee.
Supporting the measure would be “sending a message that this is a safe drug,” particularly to teens, which is wrong, she said, calling it a “gateway” to other more dangerous drug use.
Megan Corning, a junior at FHS and president of club, said “penalties do fit the nature of the crime,” and should not be changed.
“Teenagers think they are invincible,” Corning said. “As long as they can't see the harm, and they can't see what is going on inside their bodies,” they think there is no harm.
She added that most teenagers have a curiosity to try things but that there is fear of “punishment,” particularly from parents.
With House Bill 1526, possession of an ounce or less of marijuana would move from a Class A misdemeanor now punishable by up to one year in jail and a $2,000 fine, to a violation level offense, subject to a $100 fine.
Those who are 18 and older could possess the weed, but those younger found with the drug would be subject to a training program and parental notificaton. If the training is not completed, the underage teen could be fined up to $1,000.
Rep. Rick Watrous, D-Concord, the measure's co-sponsor, said passing the bill would reduce criminal justice costs and no longer make criminals of otherwise law abiding citizens.
But Karin Eckel, assistant New Hampshire attorney general, opposed the bill, on behalf the state Department of Justice.
She said the current law is “clear and enforceable.”
It would become more complicated under the provision, she said, particularly on highways where the drug's smoky smell is enough to justify a police search of a vehicle.
“It may impact the way police officers pursue crimes,” she said.
“It would still be a federal crime,” she noted, “so anyone on federal property would be subject to arrest.”
Eckel noted that decriminalization laws send a confusing message to teens, and reducing the penalty might remove a powerful deterrent.
New Hampshire State Police Maj. Russ Conte said there would likely be no benefit to the state in reduced costs for analyzing the green vegetative material, which in some cases can contain other drugs or may not even be drugs.
He said the crime lab processes 7,000 samples a year, most all less than an ounce. The material would still need to be analyzed.
He said he did not know of a single case in which someone received a one-year sentence for simple possession.
To committee members who noted that a second misdemeanor conviction for marijuana possession could limit financial aid for higher education, Conte said those in law enforcement “don't want to ruin a kid's life,” but there needs to be a mechanism to deter drug abuse.
Shannon Libby, a health teacher from Franklin High School and leader of the Franklin Youth Initiative, brought a group of members to oppose the bill before the House Criminal Justice and Public Safety Committee.
Supporting the measure would be “sending a message that this is a safe drug,” particularly to teens, which is wrong, she said, calling it a “gateway” to other more dangerous drug use.
Megan Corning, a junior at FHS and president of club, said “penalties do fit the nature of the crime,” and should not be changed.
“Teenagers think they are invincible,” Corning said. “As long as they can't see the harm, and they can't see what is going on inside their bodies,” they think there is no harm.
She added that most teenagers have a curiosity to try things but that there is fear of “punishment,” particularly from parents.