CONCORD — A new study undertaken by the University of New Hampshire Survey Center has shown that 3 in 5 residents believe marijuana should be decriminalized. Why then, has a new bill that would help achieve this, been stalled by Senate?



Rep. Adam Schroadter, R-Newmarket, introduced this bill HB 1625 to the House where it was approved by a 215-92 vote. Despite this, the Senate refused to grant the bill a hearing.



Currently, possession of any amount of marijuana is a misdemeanor that can be punishable by a fine of up to $2,000 and up to a year in prison.



“The bill would reduce the penalties for marijuana up and down the board. We're the last state in New England where it is still a misdemeanor to possess under an ounce of marijuana. You have people getting this on their record and that hurts for employment, student loans, stuff like that,” Schroadter said. HB 1625 would reduce the penalty of possession of an ounce or less to a fine of up to $100.



Furthermore, possession of up to six marijuana plants would be reduced from a felony to a Class A misdemeanor, resulting in up to a year in jail. Selling marijuana would still remain a felony, but the maximum prison time would be reduced.

The Marijuana Policy Project (MPP) recently released a new report called “Marked for Life — Collateral Sanctions Associated with Marijuana Offenses in New Hampshire” that explained the repercussions that Schroadter refers to.



It explains how a marijuana conviction could make it difficult to get a job, obtain housing, and much more. As New Hampshire is an “at-will” state in terms of employment, employees can be terminated for marijuana-related misdemeanors, even if the incident does not involve the workplace.



Previous marijuana convictions can also make it difficult for qualified candidates to find work. Additionally, misdemeanor convictions of marijuana possession can cause a student's federal aid to be revoked. Those who are in need of public housing can also be denied if they have ever faced a marijuana-related conviction.



Rep. Schroadter believes it is important to create penalties that fit the crime.



“The penalties for dealing, or something like that, here are currently as severe as the penalties for heroin or cocaine. If we're honest with ourselves, it's probably not accurate. The New Hampshire Constitution says that the criminal penalties have to fit the severity of the crime,” Schroadter said. “This bill looks to put the penalties more in line with other neighboring states. In Maine it's been decriminalized using basically the same language as my bill since 1976. That's older than I am!”

It seems the majority of the state agrees with Schroadter's sentiments. UNH's Granite State Poll revealed that 55 percent of the state's residents support legalization of marijuana for recreational use, with 38 percent opposing, 6 percent neutral and 2 percent unsure.



“I was really confused about it and surprised,” Rep. Schroadter said, referring to the Senate's refusal to view the bill. “I think there were a couple things about the bill and my presentation that were different from arguments before. I wanted to make sure the bill had education and awareness components as well as treatment options. I think it's important to make sure people under 18 don't use marijuana.”



Rep. Schroadter also had plans to have two UNH professors, Karen Van Gundy and Cesar Rebellon, speak to the Senate. The two have completed a study that concluded that there is a weak correlation between marijuana usage and future use of other drugs such as methamphetamine, cocaine and heroin, disproving many beliefs that marijuana is a gateway drug.

“There is over $6 million spent a year on arrests and prosecutions for marijuana. With my bill, instead we can take those resources and target them toward more severe drugs, mainly in this case heroin,” Schroadter said.



He explained that although many police departments are against reducing the penalties of marijuana, many have been changing their minds when considering how much of an affect heroin has had in the state recently.



“When you talk about using those resources to target heroin, their tune changes a bit. There is a federal grant the state receives to target heroin arrests and treatment, but that grant has been drying up year after year. The truth is they could use those extra resources to tackle an issue we're seeing now. The heroin issue, we're seeing it over and over right now. I think that this is something that could help with that immediately,” he said.



Despite the fact the marijuana bill has been set on the sidelines for now, advocates of HB 1625 are requesting the language of the bill be attached to another bill that will be approved by the Senate.

“The House rules allow for the language of the bill to be added as an amendment to any bill we pass in the Senate now. Chances are the bill would seem unrelated, but if that were to happen, the Senate would have the option to either vote, kill both bills, to negotiate out different parts of the language as they saw fit, or just approve it. There is a big effort in the House to find a bill to send over with the language of 1625 attached that doesn't go against either parties better judgment. Ideally, each bill would stay in on its own merit,” Schroadter said.



He explained that recently proponents of the bill considered adding it to a new bill that dealt with gambling. For now, Rep. Schroadter said they were carefully trying to choose the best option.