Update: Cannabis Legalization, Firearms Background Checks, and More
Serving on the Criminal Justice and Public Safety committee never lacks for drama. This week was a prime example.
On Wednesday, only a day after a public hearing that lasted for six hours, the committee voted 11-6 to recommend the full legislature pass HB-455— a bill to repeal the death penalty. See my earlier post and/or the summary in the Manchester Union Leader for more information.
On Thursday, the committee voted on five additional bills:
HB-481—a bill that would legalize and regulate cannabis in New Hampshire passed 10-9. Worth noting is that this is the first time a cannabis legalization bill has been recommended as “Ought to Pass” out of our committee. As committee member Sandy Swinburne said in her remarks, this bill was “easily the toughest decision” many of us have had to make as committee members this year. Testimony on both sides of the issue was passionate and compelling. In the end, I voted with the majority because I believe that the elephant in the room if we fail to legalize is maintaining an unsatisfactory status quo in the face of a legal and regulatory environment that is rapidly changing in every state we share a border with. Put simply, if we fail to legalize and regulate cannabis, a black market for it will continue to thrive in New Hampshire. There would also be no additional funds to support drug education, to monitor the health effects of cannabis, or to regulate its production, packaging, or sale. While opponents of legalization made compelling arguments that the science regarding the impact of cannabis on developing brains indicates it may be harmful, the reality is that decriminalization combined with ready access to cannabis from the black market means young people will continue to have access to the drug regardless of how we act on the bill. With that in mind, I believe legislation that regulates the production, packaging, and distribution of cannabis creates an environment that is inherently safer for legal consumers as well as for any minors who may obtain the drug illegally. Also important to note is that under the bill, it remains illegal to drive under the influence of cannabis, to sell it to people under the age of 21, and for people under the age of 21 to possess it. In short, I supported the bill because I feel that moving forward, it is a much better alternative to doing nothing and maintaining a status quo that will become increasingly untenable.
HB-109—a bill that would tighten firearms background checks—also passed by a 10-9 vote. This legislation requires universal background checks for all commercial firearms purchases and would bring New Hampshire’s law into line with that of other states that have enacted similar laws to keep firearms out of the hands of felons, domestic abusers, and the dangerously mentally ill. As a Moms Demand Action on Gun Sense endorsed candidate during my election—and as a husband, father, and citizen concerned with reducing the risk of gun violence in our state—I voted to support this legislation.
HB-726–a that would establish a secure psychiatric hospital advisory council—passed by a 19-1 margin. This bill originally would have created a smaller advisory commission and would have created a process and an appropriation for a new secure forensic psychiatric hospital. But with an appropriation included in the governor’s budget, the bill was amended to focus on creating an advisory council to inform the planning and operational process.
HB-722—an alternative bill to HB-481that took a different approach to the retail sale and taxation of cannabis was retained for further work by a 14-5 vote.
HB-705—a bill that would increase the cap on assistance for victims of crime and further codify the rights of victims of crime—was retained for further work by a 19-0 vote. This goal of this bill is to clarify and more clearly communicate the rights of victims of crime. But the sponsor acknowledged it needed more work and the committee agreed to work on it to get it ready for another hearing and a vote during the 2020 session.
In this session, much of the focus has been on what sometimes seems to be the unbridgeable differences between Democrats and Republicans. But what was encouraging this week is that not a single one of these challenging votes went along straight party lines. Although members of the committee have their differences, the lines of communication are open and every member is doing their best to act according to the dictates of their conscience and the wishes of their constituents, while maintaining civility.