Pubdate: Thu, 24 Jan 2008
Source: Citizen, The (Laconia, NH)
Copyright: 2008 Geo. J. Foster Company
Contact: http://www.citizen.com/apps/pbcs.dll/section?category=SERVICES0113
Website: http://www.citizen.com/
Details: http://www.mapinc.org/media/1408
Author: Cutter Mitchell
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

MARIJUANA BILL GETTING MIXED REVIEWS

A bill that would decriminalize possession of small  amounts of 
marijuana is getting mixed reception, both  from Lakes Region 
lawmakers and those who testified on  the bill at a committee hearing.

Supporters and opponents of House Bill 1623 testified  at a hearing 
before the Criminal Justice and Public  Safety Committee Tuesday.

At the hearing, a New Hampshire police officer and  corrections 
officer testified on behalf of the bill  while representatives from 
the New Hampshire Attorney  General's office and Chiefs of Police 
Association spoke  against the bill. One assertion made by the Chiefs 
Association was that such a law might open the door on  marijuana use 
in the Granite State.

"The hearing (on Tuesday) was just the first step,"  said Rep. 
Charles Clark, who pointed out that the road  ahead includes a 
subcommittee review, discussion on the  House floor and then onto the Senate.

Clark, R-Gilford, said that while he had not seen  anything on this 
new bill and would be open to the  information, he is philosophically 
opposed to  decriminalizing marijuana possession.

Under the proposed law, possession of less than 1.25  ounces of 
marijuana would be considered a violation,  punishable by a maximum 
penalty of a $200 fine. It  would also eliminate "penalties for the 
manufacture or  sale of less than 1.25 ounces of marijuana."

"That sounds like a really good idea to me," said Rep.  Beth 
Arsenault, D-Laconia.

Possession of marijuana in the Granite State is  currently considered 
either a felony or a Class A  misdemeanor depending on the amount 
possessed. Even in  the misdemeanor case, "a person may be sentenced 
to a  maximum term of imprisonment of not more than 3 years,  a fine 
of not more than $25,000, or both," according to  state law.

HB1623's main sponsor is Rep. Jeffrey Fontas, D-Nashua,  who says it 
is more about preserving the opportunities  of young people rather 
than anything to do with  marijuana.

Right now, anyone with a possession conviction is  ineligible to 
receive federal financial aid and may be  excluded from certain 
government jobs.

"If we are concerned enough about young people going  down the wrong 
track then we should not prevent them  from opportunities that get 
them on the right one,"  said Fontas.

Rep. Alida Millham, R-Gilford, like Clark, says she,  too, has 
serious misgivings about such a bill. She has  never voted for the 
marijuana bills. Her main concern,  as she explained it, was that 
marijuana might become  deregulated.

"I think it's a slippery slope," she said. A similar  bill was 
proposed during the 2007 legislative session.  House Bill 92 removed 
marijuana from criminal status.  This was something than even 
advocates did not endorse.  The bill effectively died when the 2007 
legislative  session expired without being acted upon.

Since the 2006 state election, state Rep. Charles Weed,  D-Keene, has 
put his name on a number of bills  advocating for reform of New 
Hampshire marijuana laws  and HB 1623 has had the strongest level of 
support yet.

"It's a decent step in the correct direction," said  Matt Simon, 
spokesman for the New Hampshire Coalition  for Common Sense Marijuana Policy.

In addition to 1623, House Bill 1567 aims a little  lower on the 
spectrum and calls for lower penalties on  possession of a quarter of 
an ounce instead of an ounce  and a quarter. The bills were 
introduced side by side.

"The criminalization of marijuana is very much like  prohibition. 
Let's look at this responsibly rather than  some ideology," said 
Weed, who is the main sponsor of  1567 and a co-sponsor of 1623.

"We are not making it legal, we are just downgrading  the penalty," 
said Simon. "Society should be careful  about what we characterize as 
criminal." One of the  benefits asserted in the bill is that it would 
likely  decrease the number of court cases, both felony and 
misdemeanor, and the related costs associated with  marijuana possession.

The average felony case is estimated to cost $327.59 in  2009 while 
the average misdemeanor case costs  approximately $49.50. On top of 
that, the average  annual cost to incarcerate a prisoner in a county 
facility is $29,000.

Simon explained that by reducing the penalty it will  give law 
enforcement agencies the time and additional  resource to focus on 
"real" crimes. He also agreed that  it would have some impact on the 
fiscal and volume  burdens on New Hampshire courts by keeping these 
causes  out of the court buildings.

Sen. Deborah Reynolds, D-Plymouth, said she has yet to  take a 
position on HB1623 and it would likely take some  study before she 
lined up with one side or the other.

Fontas said he felt the hearing went extremely well,  with the amount 
of public support for a change from the  current policy being almost tangible.

The committee did indicate that it would like to see an  age 
restriction be put into the bill, which Fontas and  others were happy 
to agree to.

A video of the hearing can be seen at  www.nhcommonsense.org. Other 
information on the state's  marijuana laws can be found at Attorney 
General's  website at doj.nh.gov or www.gencourt.state.nh.us/RSA.
- ---
MAP posted-by: Jay Bergstrom