New Hampshire Law Expanding Medical Marijuana Program Now In Effect

By Shane Trejo

On August 16, a law expanding New Hampshire’s medical marijuana program went into effect. This will build on the already existing nullification of federal marijuana laws in the Live Free or Die state.

Rep. Eric Schleien (R-Hillsborough) sponsored House Bill 157 (HB157) to add chronic pain to the list of qualifying conditions for patients to receive medical marijuana.

HB157 passed the House on Mar. 8 by a 301-47 vote, and then passed the Senate on Apr. 20 by an 18-5 vote. It was signed into law by Gov. John Sununu on Jun. 16, and it officially went into effect on Aug. 15.

“There’s been a lot of research on this which shows that doctors prescribe fewer opioids in states where medical cannabis is an option for pain, and those states have lower fatal overdose rates,” Rep. Schleien said in a written statement defending his reform.

The New Hampshire legislature passed a law legalizing medical marijuana in 2013. The Department of Health and Human Services began pre-registering patients for medical marijuana ID cards in the fall of 2015, and the first dispensary opened last April. Allowing patients who suffer from this condition to access medical marijuana further expands the medicinal cannabis program in New Hampshire.

EFFECT ON FEDERAL PROHIBITION

New Hampshire’s medical marijuana program removes one layer of laws prohibiting the possession and use of marijuana, but federal prohibition remains in place.

Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

While state law does not alter federal law, it takes a step toward nullifying in effect the federal ban. FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By easing state prohibition, New Hampshire essentially sweeps away part of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly-budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

A GROWING MOVEMENT

Colorado, Washington state, Oregon, Alaska, California, Nevada, Maine, and Massachusetts have all legalized marijuana for recreational use. Having already legalized medical marijuana to a certain extent, New Hampshire has relaxed their restrictions against cannabis even further in 2017.

With more than two-dozen states allowing cannabis for medical use as well, the feds find themselves in a position where they simply can’t enforce prohibition any more.

“The lesson here is pretty straight forward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.
The expansion of the state’s medical marijuana law also demonstrates another important reality. Once a state puts laws in place legalizing marijuana, it tends to eventually expand. Once the state tears down some barriers, markets develop and demand expands. That creates pressure to further relax state law. These bills represent more steps forward for patients seeking alternative treatments and a further erosion of unconstitutional federal marijuana prohibition.

NEXT UP

Another bill signed by Gov. Sununu to increase patient access to medical marijuana (HB160) goes into effect on Aug. 27.

Shane Trejo writes for the Tenth Amendment Center, where this article first appeared.