Two first-term state representatives from Nashua have filed legislation to decriminalize the possession of up to a quarter of an ounce of marijuana, hoping that New Hampshire might join 12 other states that have decriminalized the possession of small amounts of the drug.
The bill, which is expected to be voted on by the House next month, would make the possession of such quantities a civil violation that would carry a maximum $200 fine, instead of a criminal misdemeanor that may result in up to a year in jail and fines of up to $2,500.
"I think the penalty should be reduced. Young people are experimenting, and if they make a bad choice their conviction shouldn't come back to haunt them later in life," said Representative Andrew Edwards, a 21-year-old Nashua Democrat who cosponsored the bill. "The culture is changing, and I think the law should reflect those changes. Nonviolent drug offenders shouldn't be locked up with career criminals."
But Exeter Police Chief Richard Kane, among others, is adamantly opposed. "If we reduce the penalty for small amounts of marijuana, it will eventually lead to legalization and I think that's heading in the wrong direction," he said last week.
Nashua Police Chief Donald Conley also said it would be a mistake to take the sting out of the law.
"Generally speaking, I don't support it," he said of the legislation. "I think it sends the wrong message. If we say it's OK to possess a small amount of marijuana, some will think it must be OK to use it and others will think it is OK to sell it."
On Feb. 14, a working group of the House Criminal Justice and Public Safety Committee voted, 4 to 1, in favor of the lighter penalty. However, on Feb. 19, the full committee voted, 13 to 5, to recommend against the House passing the law.
The bill is scheduled to come before the full House on Wednesday.
Jeffrey Fontas, another 21-year-old Democrat from Nashua who cosponsored the legislation, said he was not surprised the full committee did not approve the bill. "But we did have an open discussion of the issue," he said.
"Mistakes early in life, like a possession charge, can be devastating to the futures of our young people," said Fontas, adding that a single drug arrest can lead to the loss of a college scholarship, the ability to serve in the military, and the chance to qualify for subsidized housing and food stamps.
But Conley said it is rare for first-time offenders to get jail time for possession of small amounts of marijuana.
"As far as someone getting arrested and their lives being ruined, I don't think that's the case," he said. "Employers are more forgiving in this day and age, and police prosecutors frequently reduce marijuana cases down to violations. The threat of criminal prosecution gives them leverage to encourage youths to attend a drug rehabilitation program."
Representative David Welch, a Republican from Kingston and a member of the House Criminal Justice and Public Safety Committee who voted in favor of the bill, said it's a generational issue. "I think if all the House members were under 30, it would be a slam dunk."
Welch, who said he has never used drugs, "except aspirin," said there are a lot more dangerous products on the market: alcohol and cigarettes, for instance.
"It's not as if it's a large amount of marijuana we're talking about here. It's only enough to make seven or eight cigarettes," he said. "People - young people in particular - do stupid things and I don't think they should be penalized for life."
Matt Simon, executive director of the New Hampshire Coalition for Common Sense Marijuana Policy, said it was clear from the House committee's actions earlier this month that legislators "are becoming increasingly concerned about the unintended consequences of marijuana prohibition."
"Based on this vote, it seems discussing sensible marijuana policy still makes some people uncomfortable. But people are talking, and they're realizing the consequences of penalties that far exceed the offense they're supposed to correct," he said.
Simon said 12 states - including Maine, New York, North Carolina, Mississippi, Nebraska, and Ohio - have already passed laws similar to the bill pending in New Hampshire. In Massachusetts, where citizens groups are spearheading ballot initiatives to decriminalize the possession of less than an ounce of marijuana, the penalty for the possession of any amount of marijuana is up to six months in jail and a fine of up to $500. In Maine, there is no fine or incarceration for a first offense involving up to 1.5 ounces; escalating fines are levied for subsequent offenses.
"We're expecting a lively debate" before the full House, Simon said.
