Introducing HB1633 the "Live Free" NH Cannabis Legalization Bill

Introducing HB1633 the “Live Free” NH Cannabis Legalization Bill

With 2024 comes the start of the new legislative session. There are around 7 pro cannabis bills and 3 anti cannabis bills that will now go to committees for public hearings. Curiously missing is the State Monopoly bill the 2023 Commission was to put forth in the Senate. Yes, we question the timing on that. Be ready for that to drop and most likely be rushed through.

The most important bill is HB1633, the ‘Live Free’ bill that is an improvement on HB639 from last year. For those that don’t recall, HB639 was a coalition crafted bill that was sponsored by the Majority and Minority leaders of the House and passed with the largest margin of yes votes in a cannabis bill history.

We’ve taken that foundation and built on it, improving free market access, adding funds for affordable housing projects, research and development and more. That great bill is now even better and you can learn all about it below.

HB1633 has been assigned to the Commerce Committee and the public hearing will be January 17th around 2:30PM in Rooms 302-304 of the Legislative Office Building. You can also submit your testimony using the Contact the Committee feature.

Be on the lookout for our call to action soon. In the meantime, below is a breakdown of why this is such a great bill for NH!

MAXIMUM OPPORTUNITY FOR THE RESIDENTS OF NEW HAMPSHIRE TO ENTER AND COMPETE

Low barriers to entry for NH residents ensures maximum opportunity to enter and compete.
Low application and license costs. Tiered to size and capped at $7,500.
Caps number of licenses an entity can hold and cultivation sizes to ensure diversity of opportunity and make it less attractive for multi state operators.
Allows for medical patients to home grow a small number of plants for medicine.
Provides a path for Medical Alternative Treatment Centers to enter the Adult Recreation market while prioritizing and preserving their services for New Hampshire patients via dual use licenses.
Establishes an advisory board to act as a conduit for the industry to regulators, act as a check on the government, advise on changes to rules and laws, establish educational programs and financing resources for industry participants, recommend procedures for annulment and re-sentencing and much more.
Protects licensed cannabis operators including their right to speak to their government.
Robust job creation in cultivation, manufacturing, retail, testing and research and development.
Robust job creation in the cottage industry supporting cannabis companies.
More competitive foundation with low tax rate tied to rooms and meals. Also makes this harder for legislators to increase.

INVESTING IN NEW HAMPSHIRE TO BENEFIT THE WIDEST RANGE OF RESIDENTS

Pays down unfunded liabilities.
Pays for education via SWEPT fund. Paramount as education funding may triple.
Targets reduction in property taxes for all home owners.
Pays for municipal water and sewer expansion projects to prepare for affordable housing expansion via the Bureau of Economic Affairs.
Pays for partial finance of affordable housing projects via the Affordable Housing Fund.
Pays for treatment and harm reduction via Substance Use Prevention & Recovery Funds.
Pays for law enforcement for roadside impairment testing.
Pays for Grants for R&D and technology to ensure we are more than just growers, processors and retailers of cannabis.
Pays for Grants for New Hampshire farmers.
Generates additional funds for participating municipalities to invest in their communities.
Better tax structure means more competitive pricing for NH consumers.

REDUCING COLLATERAL HARMS TO KEEP NH RESIDENTS SAFE

Municipalities have final say on if they participate, how many, where they are located and hours of operation of cannabis businesses.
Restricts public consumption.
Marketing is controlled and restricted.
Funds prevention, treatment and recovery.
Funds legal aid services for expungement.
Requires child safety packaging and robust warning labels.
Requires independent lab testing for contaminants.
Prevents products and packaging that may cause confusion with other consumer products and more.
Municipal control over participation (opt-in), density, location and hours of operation.
Requires in-store educational handouts, information posters and more.
Prevents establishments from being 1,000 feet near schools.
Prevents discrimination for now legal activities and prior convictions.
Protects consumer privacy.
Protects tenants and landlords.
Protects residents from discrimination and benefit denials.
Protects vacationers that stay in stationary campers in NH.
Ensures consumers don’t need to worry about purchasing out of state and being arrested in NH.

MEETS 85.7% GOVERNOR SUNUNU’S REQUIREMENTS

Allows the state to control distribution and access: Via laws in statute, local municipal control, commission rules & regulations the state will have significant control of the distribution & access.
Keeps marijuana away from kids & schools: Statutes require 1,000 feet from schools, only adults 21 years and older can enter dispensary. Controls marketing, packaging, product design and branding.
Controls the marketing and messaging: Rules making by LC will design the guardrails for marketing and messaging of cannabis companies.
Prohibits marijuana miles: Municipalities will have more control over preventing these.
Empowers towns to keep out if they choose: Municipalities can vote not to opt-in.
Reduces access to poly-drugs: Regulation prevents mixing of other drugs with cannabis and testing ensures safe products not mixed with other drugs. Reduces size of illicit market where poly drugs are prevalent.
Keeps it tax free to undercut the cartels who continue to drive NH’s illicit drug market: Tax revenue is generated to help the state, but is tied to Rooms & Meals at 8.5%, lowest in the country by far, and harder for legislators to increase.

MEETS 83% OF NEW FUTURES REQUIREMENTS

Protect Children and Youth
- Potency Limits: None
- Packaging, Marketing, Infused Beverages, Flavored Inhalables etc.: All but flavored inhalables. THC infused beverages OK but can’t be mixed with alcohol etc.
- Restrictions near Schools: 1,000 foot restriction.
Promote Social Justice and Opportunities for Equity
- Expungement: Community reinvestment fund does include a starting point on annulment and expungement. Includes legal aid for low income.
- Equity & Social Just Priorities, Economic Benefits for effected etc.: See above.
- Equity in Licensing and Hiring: Industry structure ensures access and training to the widest range of residents of the state, not just the wealthy and connected.
Protect Public and Population Health
- Place Public Health Authorities in Leadership Roles on Regulatory Bodies: Advisory board does include two experts health professionals.
- Require Health Warnings in Stores: In store handouts and signage required.
- Inform Vulnerable Groups of Risks of Use: Language from medical program will be duplicated in the adult use market. Statute requires digital campaign for this effort.
- Extend Smoke-Free Air Restrictions. Consistently prohibit smoking and vaping cannabis indoors in workplaces, multi-unit housing and public outdoor spaces.: Most of this covered aside from vaping in multi-unit housing where allowed and vaping where smoking is allowed in public.
Ensure Appropriate Funding from Cannabis Revenue Directed to Efforts to Reduce Harms
- Apply tax revenue for substance misuse education, prevention, treatment and recovery and ensure an informed, adequately paid behavioral health workforce.
  - 10% Community Investment
  - 10% Prevention and Treatment
  - 5% Public Safety
  - 5% Municipal Kicker

Create mass media and social media campaigns from the start, before law is effective, to address (including, but not limited to);
- Growing false perceptions of harmlessness and impact of use for youth.
- Safe storage of cannabis and use around children.
- Increased motor vehicle accidents.
- Increased risk of psychosis and dependence.
- Use during pregnancy and associated low birth weight.
Language from medical program will be duplicated in the adult use market. Statute requires digital campaign for this effort.

It’s time to contact your State Representatives and Senators in support of HB1633!

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