New Hampshire Senators Reject House-Passed Marijuana Legalization Bill

New Hampshire senators have rejected a House-passed bill to legalize
marijuana in the state.

Members of the Senate Judiciary Committee held a hearing on HB 186 from
Rep. Jared Sullivan (D) on Tuesday, debating the merits as legislators
again push to end prohibition similar to how neighboring states have
already done. After taking testimony, however, the panel voted 2-1 to deem
the measure “inexpedient to legislate.”

The bill cleared the House last month on a 208-135 vote.

“This gives a really good framework for how we would regulate the sale of
cannabis and cannabis products in the state,” Sullivan told senators before
the committee vote.

“I understand that this is not a popular idea among many members, but I
would say that it is a very popular idea among most people in the state,”
he said. “The most recent poll that I was able to find was 70 percent of
people in the state want to legalize, including 55 percent of Republicans.
I think it’s time that we do the work that people want us to do and fall in
line with what most places in this country are now doing.”

In New Hampshire, all bills are considered for floor votes even when they
receive a negative committee recommendation, so it is possible the panel’s
determination could be reversed by the full Senate when it takes up the
legislation.

If enacted, HB 186 would legalize possession of up to 2 ounces of cannabis
flower, 10 grams of concentrates and products with up to 2 grams of THC for
adults over 21 years of age. They could also grow six plants at home, three
of which could be mature.

Past cannabis possession convictions would be vacated, and
non-discrimination protections for consumers would be established,
including for access to medical care, public benefits, child custody and
government employment.

A new Cannabis Commission would be established to license and regulate the
marijuana industry, along with a Cannabis Advisory Board.

Recreational cannabis sales would be taxed at 8.5 percent, with revenue
being split between program administration, municipalities, substance
misuse programs, public safety agencies and the state general fund.

Localities across the state would have ballot referendums asking voters if
they want to opt in to allowing retail marijuana sales.

“Prohibition makes control impossible. Unregulated cannabis is often
contaminated by molds, hazardous pesticides, and heavy metals,” Karen
O’Keefe, state policies director at the Marijuana Policy Project (MPP),
said in testimony submitted to the committee. “Only legalization allows for
sensible regulations: requiring licensees to check IDs, lab testing,
banning dangerous pesticides and additives, and mandating child-proof
packaging.”

“Adults should be treated like grown-ups in the Live Free or Die State. The
General Court hasn’t banned eating junk food, being sedentary,
rock-climbing, riding motorcycles, or drinking alcohol—despite the risks
those activities pose,” she said. “Granite Staters overwhelmingly agree
that adults should also not be punished by their government for using
cannabis, a plant that is far less toxic, less addictive, and less harmful
to the body than alcohol.”

Sullivan’s legalization bill is one of several cannabis proposals filed for
the 2026 session, including legislation from Rep. Jonah Wheeler (D) that
seeks to put a constitutional amendment on the state ballot that would let
voters decide if they want to legalize marijuana for adults 21 and older,
allowing them to “possess a modest amount of cannabis for their personal
use.” Members of the House Criminal Justice and Public Safety Committee
took up that legislation late last month.

Gov. Kelly Ayotte (R) has already threatened to veto any legalization bill
that reaches her desk, though the constitutional amendment proposal would
not require gubernatorial action.

The governor said in August that her position on the reform would not
change even if the federal government moved forward with rescheduling the
plant. Since then, President Donald Trump has directed the attorney general
to finalize the process of moving cannabis from Schedule I to Schedule III
of the Controlled Substances Act (CSA).

At a committee meeting last year, Sullivan ultimately made a persuasive
argument for advancing his legalization bill, pointing out that the House
has repeatedly passed similar legislation and that the chamber should stand
its ground, forcing the Senate and governor to again go on record with
their opposition to a policy popular among voters.

“We know where it’s going to go. Let’s send a virtue signal,” Sullivan
said. “Let them be the ones that are pissing off voters who care about
this.”

In the Senate, the Judiciary Committee last month also took up a bill from
Sen. Donovan Fenton (D) that would allow adults over the age of 21 to
legally possess up to four ounces of cannabis in plant form and 20 grams of
concentrated cannabis products, as well as other products containing no
more than 2,000 milligrams of THC.


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Meanwhile, New Hampshire lawmakers recently advanced a bipartisan bill to legalize
the regulated use of psilocybin for medical purposes, while rejecting a
separate measure on therapeutic access to the psychedelic.

Last June, the New Hampshire Senate voted to scrap compromise legislation
that would have lowered the state’s criminal penalty for first-time
psilocybin possession while also creating mandatory minimum sentences
around fentanyl.

As originally introduced, the legislation would have completely removed
penalties around obtaining, purchasing, transporting, possessing or using
psilocybin, effectively legalizing it on a noncommercial basis. However, a House
committee amended the bill before unanimously advancing it last March.

*Photo courtesy of Brian Shamblen.*

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