Hawaii and New Hampshire on the road to cannabis legalization

2019 is shaping up to be a good year for the legalization of cannabis in the United States. Bills to legalize medical or recreational cannabis are currently being debated in the legislatures of at least 17 US states. Today, the states of Hawaii and New Hampshire are moving forward on the legalization of recreational cannabis. Bills to this effect are currently being debated in both state legislatures.

Hawaii: recreational cannabis on the right track

The Justice Committee held a hearing to discuss the proposal to legalize recreational cannabis introduced in the Senate in mid-January. The initiative is supported by a large part of the Senate, as the proposal is co-sponsored by 12 out of 25 senators. The Speaker of the House had announced make the cannabis debate a priority for 2019. The vote, which took place last week in committee, was unanimous: the proposal was approved after being slightly amended.

This would legalize the possession, consumption and cultivation of cannabis for adults over the age of 21. The government would be responsible for licensing cannabis-related industrial activities and collecting the state tax. In the original plan, regulation of cannabis sales was the responsibility of the Ministry of Finance, but following a committee amendment, it would instead be the responsibility of the Ministry of Health, which already oversees the state's medical cannabis program.

A plenary vote is not yet on the cards. The proposal must first pass through other committees. Nevertheless, this vote is already a first victory for the law's sponsors and recreational cannabis activists. It's also a first for the state, whose deputies have often rejected total legalization initiatives. «This is the first time, to my knowledge, that a Hawaiian legislative committee has approved a legalization proposal,» explains Carl Bergquist, executive director of Drug Policy Forum of Hawaii (DPFH).

BREAKING: For the first time, a Hawai'i legislative committee passes a #cannabis #legalization bill. In a unanimous bipartisan vote, SB686 moves on to the next committee. Stay tuned...

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- Drug Policy Forum of Hawai`i (@DPFHawaii) February 7, 2019

The bill has also received the support of the Hawaiian presidential candidate, Tulsi Gabbard. However, Governor David Ige's support is not guaranteed. According to DPFH president Nikos Leverenz, «it's hard to say». In particular, the governor has expressed concern about going against federal law. Yet medical cannabis dispensaries are already operating in spite of them. The future of the law is still uncertain, but if legalization goes ahead, sales could begin in February 2021 at the earliest.

New Hampshire, a virulent debate

In New Hampshire, a similar situation is taking place: a proposal to legalize recreational cannabis is currently being debated in the Criminal Justice and Public Safety Committee. The committee held a public hearing on the issue last week and heard from both sides, but has yet to vote.

The bill, sponsored by Republican Renny Cushing, would legalize the possession, cultivation, consumption, donation and purchase (from a licensed vendor) of cannabis. The criminal records of individuals arrested for cannabis-related offenses would be expunged, and temporary measures to limit market monopolization by large corporations would be put in place. These are designed to encourage the development of small businesses by, for example, preventing any one individual or group from holding a controlling interest in more than three cannabis businesses at any one time until 2023.

If the law passes, legalization will be effective after 60 days. A commission appointed by the governor would begin receiving applications for cannabis production as early as May 1, 2020, and for sales as early as September 1. On the other hand, New Hampshire's proposed law faces a major problem: opposition from the governor. Lawmakers will try to get enough support among legislators (at least two-thirds) to override his veto.

New Hampshire House of Representatives packed for committee hearing on bipartisan bill to legalize, tax, and regulate cannabis. Governor Chris Sununu has vowed to veto the bill if it passes, but Democrats control the Legislature and hope to gather 2/3 majorities to override him pic.twitter.com/KVkCEJiVS5

- Naomi Martin (@NaomiMartin) February 5, 2019