The New Hampshire state Senate and House of Representatives approved a bill on Wednesday that would legalize marijuana use for critically and terminally ill patients. If Gov. John Lynch, D-N.H., approves the measure or allows it to become law without his signature, the state will become the 14th in the nation to allow marijuana to be used for medicinal purposes.
Lynch will have five days after the bill is reviewed by the New Hampshire secretary of state to decide on the measure. If Lynch signs the bill or does not take action during that time, the legislation will go into effect on Jan. 1, 2010.
The Senate approved the bill by a 14-10 vote nearly split along party lines, with only one Democrat voting against the bill and one Republican voting in favor. The House passed the measure by a wider margin, voting 232-108 to pass the compromise version of House Bill 648.
"We heard from many individuals how this truly would make a difference in peoples' lives who are suffering from terminal illness or catastrophic illness," bill cosponsor and state Senator Martha Fuller Clark, D-Portsmouth, said.
The amended bill would create up to three "compassion centers" in the state where marijuana would be grown. The centers would be allowed to distribute up to two ounces of marijuana every 10 days to each certified patient. Only three other states have licensed marijuana dispensaries California, New Mexico and Rhode Island, which last week overrode Gov. Donald Carcieri's veto of a bill to legalize medical marijuana.
Patients who could receive medical marijuana include those with glaucoma, HIV/AIDS, Lou Gehrig's disease, multiple sclerosis and cancer as well as those undergoing treatments like chemotherapy.
"We have crafted a very strong and focused piece of legislation that deals with how the growth of medical marijuana is controlled by creating these compassion centers," Fuller Clark said. "We hope that the governor would recognize that there is a real value in this legislation because it prevents pain and suffering, so we hope that he will sign it or let it go through without his signature."
Lynch had expressed concern over the original bill, which would have allowed patients to grow marijuana on their own property. The governor stated publicly on Wednesday that he has not read the latest version.
"My concern all along has been the cultivation and distribution of it, not its dispensation to people who need it," he said at the state capitol before the legislature voted on Wednesday. "I'll be looking at the bill very carefully and using that test as I review it as to whether or not to go forward with the bill."
State Rep. David Hess, R-Hooksett, who spoke against HB 648 on Wednesday said he opposed the legislation because marijuana use is still illegal under federal law. The measure would create a dilemma for local law enforcement officials who are sworn to uphold local and federal laws, he said.
The bill would also allow the "compassion centers," which Hess described as a "euphemism," to be built within 500 feet of schools, while state law mandates that the area 1000 feet around schools must be a drug free zone, according to Hess. Law enforcement agencies, including the attorney general's office, are also not involved in the regulation of marijuana distribution, he said.
Under the Bush administration, the Justice Department raided marijuana dispensaries regardless of state laws legalizing medical marijuana, but Attorney General Eric Holder said in March that federal drug raids would now only target people breaking both state and federal law, according to a Wednesday Association Press article.
The state Senate originally passed HB 648 on April 29, after the bill was passed by the House on March 25.
