Generalized anxiety disorder will be added as a qualifying condition for medical marijuana in New Hampshire under a bill signed into law by Gov. Chris Sununu (R) on Friday. The governor vetoed separate legislation, however, that would have allowed medical marijuana businesses to open second cultivation locations, including in greenhouses.

Currently all cannabis grown under the state’s medical program must be cultivated indoors.

The anxiety bill approved by Sununu, HB 1349, from Rep. Heath Howard (D), adds “generalized anxiety disorder” to the state’s list of qualifying conditions for its medical marijuana program. The new law takes effect 60 days after passage.

Earlier in the session, Howard told fellow lawmakers that the proposal builds on the “tremendous amount of success in especially veterans and their treatment of PTSD with medical cannabis” and added that marijuana may also provide a less risky alternative to benzodiazepines, “which are pills like Xanax, and they can be highly addictive.”

Matt Simon, director of public and government relations at medical marijuana provider GraniteLeaf Cannabis, welcomed the addition to the program.

“Many patients report that cannabis is effective in treating their anxiety,” he told Marijuana Moment. “This change will give patients with anxiety disorders a reason to discuss cannabis with their medical providers, and ultimately it will allow more Granite Staters to benefit from therapeutic cannabis.”

(Disclosure: Simon supports Marijuana Moment’s work through a monthly Patreon pledge.)

The vetoed cultivation bill—HB 1581, sponsored by Rep. Suzanne Vail (D)—would have made the state’s medical marijuana businesses, known as alternative treatment centers (ATCs), eligible to be considered for a second cultivation location, “which may be a greenhouse.”

Under current law, ATCs in New Hampshire are required to grow marijuana in secure, indoor locations. The use of semi-outdoor structures, including greenhouses, is prohibited.

In his veto statement, Sununu said the bill “provides scant detail regarding safety, security and location requirements.”

“These details are necessary to ensure appropriate controls on a regulated substance,” he said.

Two other lawmaker-approved bills regarding medical marijuana are still pending: one to allow doctors to recommend it for any condition they believe would be improved through cannabis use, and the other to expand the pool of healthcare professionals who can recommend the drug.

The qualifying conditions bill, HB 1278, was sponsored by Rep. Wendy Thomas (D), a cancer survivor and medical marijuana patient. The bill would add to the state’s qualifying conditions for medical marijuana “any debilitating or terminal medical condition or symptom for which the potential benefits of using therapeutic cannabis would, in the provider’s clinical opinion, likely outweigh the potential health risks for the patient.”

“If the governor signs this bill, it opens up the therapeutic program to more residents of New Hampshire who could benefit from having access to cannabis medicine,” Thomas told Marijuana Moment in an email last month.

Earlier this month, Thomas told Marijuana Moment she’s “waiting on pins and needles” to see what happens with the bill, which is still awaiting formal transmittal to the governor’s desk.

Thomas said at a Senate committee earlier this year that cannabis has helped her manage chronic pain, insomnia, eating issues, gastrointestinal issues, PTSD and anxiety.

“I found relief from all of these symptoms,” she said, “some of which are not covered in the program.”

The other measure, SB 357, from Sen. Becky Whitley (D), would expand the authority to recommend medical marijuana to any New Hampshire healthcare provider “who is licensed to prescribe drugs to humans and who possesses an active registration from the United States Drug Enforcement Administration [DEA] to prescribe controlled substances.” Those providers would need to be “primarily responsible for the patient’s care related to his or her qualifying medical condition.”

As for more far-reaching reforms, lawmakers at the last minute this year narrowly shot down legislation that would have legalized marijuana for adults in the state. A poll released last month showed 61 support for that bill among New Hampshire residents—just a few percentage points below the 65 percent support that respondents to a separate poll said they have for legalization generally.

Last month, House Democrats—including Howard, who sponsored the recently approved anxiety bill—tabled the measure, effectively killing it. Many said their opposition was based on the plan to legalize through a state-controlled franchise model, which would have given the state unprecedented sway over retail stores and consumer prices.

The move to table the legislation sparked accusations that politicians were using the issue to earn the party votes at the ballot box in November, but most who voted against the bill said they were opposed to the plan on its merits.

One reason some believe the vote to table could be especially consequential is because Sununu is not seeking re-election, and his replacement could significantly impact the likelihood of reform during the next legislative session.

Two top Republican gubernatorial contenders, former U.S. Rep. Kelly Ayotte and former state Sen. Chuck Morse, have already said they would oppose the reform if elected.

New Hampshire lawmakers worked extensively on marijuana reform issues last session and attempted to reach a compromise to enact legalization through a multi-tiered system that would include state-controlled shops, dual licensing for existing medical cannabis dispensaries and businesses privately licensed to individuals by state agencies. The legislature ultimately hit an impasse on the complex legislation.

Bicameral lawmakers also convened the state commission tasked with studying legalization and proposing a path forward last year, though the group ultimately failed to arrive at a consensus or propose final legislation.

The Senate defeated a more conventional House-passed legalization bill last year, HB 639, despite its bipartisan support.

Last May, the House defeated marijuana legalization language that was included in a Medicaid expansion bill. The Senate also moved to table another piece of legislation that month that would have allowed patients and designated caregivers to cultivate up to three mature plants, three immature plants and 12 seedlings for personal therapeutic use.

After the Senate rejected the reform bills in 2022, the House included legalization language as an amendment to separate criminal justice-related legislation—but that was also struck down in the opposite chamber.

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Photo courtesy of Chris Wallis // Side Pocket Images.