Pubdate: Wed, 19 Mar 2008
Source: Telegraph, The (Nashua, NH)
Copyright: 2008 Telegraph Publishing Company
Contact:  http://www.nashuatelegraph.com
Details: http://www.mapinc.org/media/885
Author: Kevin Landrigan, Telegraph Staff
Cited: NH Coalition for Common Sense Marijuana Policy http://nhcommonsense.org/
Bookmark: http://www.mapinc.org/pot.htm (Marijuana)
Bookmark: http://www.mapinc.org/find?224 (Marijuana and Driving)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

N.H. HOUSE OKs MARIJUANA BILL

CONCORD - In a stunning development, the House of Representatives 
voted Tuesday to decriminalize possession of up to a quarter-ounce of 
marijuana.

Currently, possession of this small amount equal to about seven or 
eight joints can result in up to a year in jail or $2,000 fine. The 
typical punishment is a large fine.

The amended bill makes it a violation rather than a criminal 
misdemeanor with a fine of up to $200.

The 193-141 vote came over the strong opposition of a House policy 
committee and law enforcement officials. Rep. Jeffrey Fontas, 
D-Nashua, said it's unfair young students lose their federally 
financed aid for college after any drug conviction.

"How can we expect young people to get back on the right path if we 
take away every opportunity to do so?" Fontas said.

Rep. John Tholl, R-Whitefield, said the measure was fraught with 
unintended consequences.

For example, someone who possessed the small amount of marijuana and 
decided to share it with a friend could be charged with a felony.

Anyone caught transporting this small amount of marijuana could still 
be subject to a jail term, said Tholl, who is the part-time police 
chief in the North County town of Dalton.

"If you send a message to the young people of our state that a 
quarter ounce of marijuana is no big deal, like a traffic ticket, 
what you are doing is you are telling them we are not going to be 
looking at this very hard," Tholl said.

Gov. John Lynch is opposed to the measure and will urge the state 
Senate to reject it, according to press secretary Colin Manning.

"This sends absolutely the wrong message to New Hampshire's young 
people about the very real dangers of drug use. That is why the 
governor joins with the House Criminal Justice Committee and law 
enforcement in opposing this bill," Manning said.

"If the bill were to reach the governor's desk, which seems very 
unlikely, the governor would veto it."

Senate Majority Leader Joseph Foster, D-Nashua, said the measure is 
dead on arrival.

"I know of no interest in the Senate on either side of the aisle to 
entertain this," Foster told reporters. "The governor has expressed 
his view, but I don't think he will see it coming to him."

Rep. David Welch, R-Kingston, a strong, law enforcement advocate, 
said this form of criminalization was modest compared to past bills.

"I have to admit I never thought I would be up here speaking for the 
amendment," Welch said.

If adopted, New Hampshire would become the 12th state to repeal 
crimes for marijuana possession, starting with Oregon in 1973, and 
most recently Nevada, which passed its law in 2001.

Other states to have made possession of small amounts a violation 
include Maine, New York, California and Minnesota.

Though this bill is unlikely to become state law, the House vote 
marks a major victory for a grass roots group who has worked on 
decriminalizing or legalization of marijuana for the past three years.

"Our representatives in the House did the right thing for New 
Hampshire and especially for New Hampshire's young people," said Matt 
Simon of the NH Coalition for Common Sense Marijuana Policy.

"It's time for the Senate to finish the work we've started here and 
bring some sanity to our marijuana sentencing policies."

The original bill would have decriminalized five times as much as 
this approved bill did. Supporters sought to sharply reduce the 
amount after it received a lot of early opposition to it.

Rep. Jason Bedrick, R-Windham, said he became an advocate for it 
because it still makes possession of any amount illegal.

It does not change motor vehicle laws that consider driving while 
under the influence of any illegal drug a misdemeanor crime with 
license suspension for at least 60 days.

"The question today is not whether marijuana should be illegal, but 
whether a teenager making a student decision should face up to a year 
in prison and loss of all federal funding for college," Bedrick said.

Rep. John Hunt, R-Rindge, opposed the measure, but was not surprised 
40 GOP members supported it.

"I heard several Republicans say they were for it because they 
thought it could lead to less overcrowding and less spending for our 
jails," Hunt said.

The GOP breakdown was 94-40 against it.

House Democrats broke for it by a count of 153-46 with the House's 
lone independent member against it.

[sidebar]

BILL AT A GLANCE

Bill No. HB 1623

SPONSORS: Reps. Jeffrey Fontas and Andrew Edwards, D- Nashua.

DESCRIPTION: Decriminalizes the possession of up to one quarter of 
one ounce of marijuana to a violation that carries a $200 fine. 
Currently, possession is a criminal misdemeanor that can result in up 
to a year in county jail and/or fines up to $2,000.

STATUS: The House of Representatives approved the amended bill, 193-141. 
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MAP posted-by: Richard Lake