CONCORD, N.H. (Feb. 16, 2024) – On Wednesday, a New Hampshire House committee passed a bill to legalize marijuana for adults in the state despite ongoing federal cannabis prohibition.
Rep. Erica Layon introduced House Bill 1633 (HB1633) on Jan. 3. The proposed law would legalize the possession of marijuana for adults 21 and over, and create a tax and regulatory scheme for the commercial cultivation and sale of cannabis and cannabis products. A maximum of 15 licensed stores would begin opening approximately two years after the law was enacted.
HB1633 includes provisions for petitioning to have past criminal records annulled if the charges were for possessing less than the legal amount under the new law.
On Feb. 14, the House Commerce and Consumer Affairs Committee approved an “ought to pass” recommendation by a 17-3 vote.
The House has already passed a bill that would legalize marijuana without any tax or regulatory program.
EFFECT ON FEDERAL PROHIBITION
Under the federal Controlled Substances Act (CSA) passed in 1970, the federal government maintains a complete prohibition of marijuana. Of course, the federal government lacks any constitutional authority to ban or regulate cannabis within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.
New Hampshire legalized medical marijuana in 2013, removing a layer of laws prohibiting cannabis even though federal prohibition remains in effect. The passage of either bill would remove another layer of enforcement laws. This is significant because FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. When states stop enforcing marijuana laws, they sweep away most of the basis for 99 percent of marijuana arrests.
Furthermore, figures indicate it would take 40 percent of the DEA’s yearly budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.
A GROWING MOVEMENT
Colorado, Washington state, Oregon, and Alaska were the first states to legalize recreational cannabis, and California, Nevada, Maine, and Massachusetts joined them after ballot initiatives in favor of legalization passed in November 2016. Michigan followed suit when voters legalized cannabis for general use in 2018. Vermont became the first state to legalize marijuana through a legislative act in 2018. Illinois followed suit in 2019. New Jersey, Montana, and Arizona all legalized recreational marijuana through ballot measures in the 2020 election. In 2021, New York, New Mexico, Virginia, and Connecticut legalized marijuana through legislative action, and Rhode Island legalized cannabis for adult use in 2022. Missouri and Maryland legalized marijuana in November 2022. The Delaware legislature legalized marijuana in 2023, and Ohio voters approved marijuana for adult use in the November election. Currently, 38 states allow cannabis for medical use, and 24 have legalized it for recreational use.
The lesson here is pretty straightforward. As Tenth Amendment Center Executive Director Michael Boldin noted, “When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations, or mandates down our throats.”
WHAT’S NEXT
HB1633 will move to the full House for further consideration.
