HB 1705-FN-A, allowing purchase and use of marijuana by adults, regulating the purchase and use of marijuana, and imposing taxes on the wholesale and retail sale of marijuana. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS.
Rep. Kenneth Kreis for the Majority of Criminal Justice and Public Safety: This bill was presented as a “victimless crime” and would allow the purchase and use of marijuana by 21 year olds and over, would regulate the purchase and sale of marijuana, imposes taxes on the wholesale and retail sale. This bill also created a complete new level of bureaucracy and rule making authority. Vote 10-7.
Rep. Mark Warden for the Minority of Criminal Justice and Public Safety: The minority believes tax and regulate is the model to deal with this matter. Putting the control, regulation, taxation, and sale in the hands of government and reputable business instead of that of the criminal element is the proper course. The time has come to look closely at the downside of current policy. A concern often raised is this will still be illegal under the federal law. Our neighbors Maine, Massachusetts, Rhode Island and Vermont, among others, have legalized some form of marijuana, including medical use, with only rare instances of the feds cracking down on legally operated businesses. There is precedent in New Hampshire for exercising 10th Amendment state sovereignty, including our rejection of Real ID and the current efforts to block Obamacare-mandated health insurance exchanges. Taxing and regulating marijuana would lead to an increase in revenues into state coffers, allowing for reduction of taxes elsewhere or adding to the rainy day fund. Tax receipts would far surpass regulatory and enforcement costs, as we see today with sales of tobacco and alcohol. People in the Live Free or Die state should be free to engage in activities they enjoy, as long as they are not harming others or infringing on others’ rights. Such behaviors are protected by the NH constitution’s Art. 2 Part I guarantee of natural rights. Art. 18 Part I further exhorts that penalties should be proportioned to the crimes. Clearly, a felony or even misdemeanor for simple possession of under an ounce of marijuana for personal, recreational use is disproportionate and Draconian. Seeing that in the history of mankind no one has ever died from ingesting it, the evidence is clear, the policy has created far more harm than good. If we asserted our state rights and took control over this matter, taxed it and regulated it, we would save millions of dollars, free up law enforcement to focus on more serious matters, and fill the coffers with millions of dollars that could be used toward more serious societal ills.
