Andrew Hemingway
In an excellent and well-researched piece in a Seacoast paper, Foster’s, former gubernatorial candidate Andrew Hemingway, a Republican, schools NH governor Maggie Hassan on why she should change her mind and support cannabis decriminalization:
Gov. Maggie Hassan has said she does not support a bill that would decriminalize possession of one-half ounce or less of marijuana. This is becoming a source of consternation for Granite Staters of all ages and across the political spectrum, and it is especially confusing to younger voters who see our current marijuana penalties as senseless and archaic.
HB 618, which would reduce this penalty from a misdemeanor to a violation, passed the House in March. The vote was an overwhelming 297-67, with 96 percent of House Democrats and 72 percent of House Republicans voting in favor. Unfortunately, since Gov. Hassan has not taken a favorable position on the bill, it faces an uncertain fate in the Senate.
This bill would not make marijuana legal, as voters in four states and the District of Columbia have chosen to do. Instead, what we’re talking about here is a much more limited reform, one that would put New Hampshire’s marijuana penalties more nearly into line with the penalties found in other New England states. It would also be consistent with public opinion and with the New Hampshire Constitution, which advises that “all penalties ought to be proportioned to the nature of the offense.”
When I was running for the Republican nomination for governor in 2014, I came out strongly in favor of decriminalizing marijuana possession. I did so with the expectation that I would receive pushback from some in my party who had been supporting the War on Marijuana their entire lives.
Well, I did receive some pushback, but it wasn’t nearly as much as I might have expected, and the many positive responses I received were reassuring.
One thing I noticed very quickly is that although the words “decriminalization” and “legalization” are sometimes used almost interchangeably by the general public, they describe two very different policy reforms.
“Decriminalization” usually refers to policies where the criminal penalty for marijuana possession is reduced to a civil infraction punishable by a fine. A lot of people who think they oppose decriminalization do not realize that all five other New England states have already taken this step, and that outcomes have generally been positive.
I was quite surprised myself to learn that Maine had decriminalized marijuana possession all the way back in 1976. This was before members of my generation, the Millennials, were even born! Instead of arresting and sometimes jailing marijuana users, Maine has just been fining them all this time, allowing police and prosecutors to focus their limited resources on serious crimes and threats to public safety.
In contrast, “legalization” usually means marijuana is treated similarly to the way we treat alcohol. Colorado and Washington became the first two states to legalize marijuana in the 2012 election; Oregon, Alaska, and D.C. voted to do so in 2014. Several more states, including Massachusetts and Maine, are considered likely to pass legalization ballot initiatives in 2016.
Polls today show that most Granite Staters in most age demographics support not only decriminalization but also legalization. A WMUR Granite State Poll conducted last year found 59 percent support for legalization, with only 35 percent opposed. Support was strongest among voters 18-34, but all age groups except 65 and older registered majority support.
But again, to be clear, HB 618 does not legalize marijuana for anybody at all. Instead, our current penalty of up to a year in jail would be replaced with fines of $100 for a first offense, $200 for a second offense, and $500 for third and subsequent offenses.
Half an ounce is not a lot of marijuana. In fact, it’s half the amount that has been decriminalized in Vermont and Massachusetts, and one-fifth of the amount that has been decriminalized in Maine. But decriminalizing one-half ounce or less of marijuana would still keep a lot of people out of the criminal justice system, and this would make a substantial difference in New Hampshire.
Every year, our police arrest more than 2,000 people for simple marijuana possession — an offense that, according to government surveys, is committed by over 100,000 Granite Staters each month. Instead of wasting taxpayer money arresting and prosecuting people whose only crime is using a substance that causes less harm than alcohol, we should instead be focusing our limited resources and attention on violent crime, property crime, and truly dangerous drugs such as heroin that are actually killing our friends, neighbors, and children.
I sincerely hope Gov. Hassan will see the light and agree to sign HB 618.
