New Hampshire senators have rejected a House-passed bill to legalize marijuana in the state.
Members of the Senate Judiciary Committee held a hearing on HB 186 from Rep. Jared Sullivan (D) on Tuesday, debating the merits as legislators again push to end prohibition similar to how neighboring states have already done. After taking testimony, however, the panel voted 2-1 to deem the measure “inexpedient to legislate.”
The bill cleared the House last month on a 208-135 vote.
“This gives a really good framework for how we would regulate the sale of cannabis and cannabis products in the state,” Sullivan told senators before the committee vote.
“I understand that this is not a popular idea among many members, but I would say that it is a very popular idea among most people in the state,” he said. “The most recent poll that I was able to find was 70 percent of people in the state want to legalize, including 55 percent of Republicans. I think it’s time that we do the work that people want us to do and fall in line with what most places in this country are now doing.”
In New Hampshire, all bills are considered for floor votes even when they receive a negative committee recommendation, so it is possible the panel’s determination could be reversed by the full Senate when it takes up the legislation.
If enacted, HB 186 would legalize possession of up to 2 ounces of cannabis flower, 10 grams of concentrates and products with up to 2 grams of THC for adults over 21 years of age. They could also grow six plants at home, three of which could be mature.
Past cannabis possession convictions would be vacated, and non-discrimination protections for consumers would be established, including for access to medical care, public benefits, child custody and government employment.
A new Cannabis Commission would be established to license and regulate the marijuana industry, along with a Cannabis Advisory Board.
Recreational cannabis sales would be taxed at 8.5 percent, with revenue being split between program administration, municipalities, substance misuse programs, public safety agencies and the state general fund.
Localities across the state would have ballot referendums asking voters if they want to opt in to allowing retail marijuana sales.
“Prohibition makes control impossible. Unregulated cannabis is often contaminated by molds, hazardous pesticides, and heavy metals,” Karen O’Keefe, state policies director at the Marijuana Policy Project (MPP), said in testimony submitted to the committee. “Only legalization allows for sensible regulations: requiring licensees to check IDs, lab testing, banning dangerous pesticides and additives, and mandating child-proof packaging.”
“Adults should be treated like grown-ups in the Live Free or Die State. The General Court hasn’t banned eating junk food, being sedentary, rock-climbing, riding motorcycles, or drinking alcohol—despite the risks those activities pose,” she said. “Granite Staters overwhelmingly agree that adults should also not be punished by their government for using cannabis, a plant that is far less toxic, less addictive, and less harmful to the body than alcohol.”
Sullivan’s legalization bill is one of several cannabis proposals filed for the 2026 session, including legislation from Rep. Jonah Wheeler (D) that seeks to put a constitutional amendment on the state ballot that would let voters decide if they want to legalize marijuana for adults 21 and older, allowing them to “possess a modest amount of cannabis for their personal use.” Members of the House Criminal Justice and Public Safety Committee took up that legislation late last month.
Gov. Kelly Ayotte (R) has already threatened to veto any legalization bill that reaches her desk, though the constitutional amendment proposal would not require gubernatorial action.
The governor said in August that her position on the reform would not change even if the federal government moved forward with rescheduling the plant. Since then, President Donald Trump has directed the attorney general to finalize the process of moving cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA).
At a committee meeting last year, Sullivan ultimately made a persuasive argument for advancing his legalization bill, pointing out that the House has repeatedly passed similar legislation and that the chamber should stand its ground, forcing the Senate and governor to again go on record with their opposition to a policy popular among voters.
“We know where it’s going to go. Let’s send a virtue signal,” Sullivan said. “Let them be the ones that are pissing off voters who care about this.”
In the Senate, the Judiciary Committee last month also took up a bill from Sen. Donovan Fenton (D) that would allow adults over the age of 21 to legally possess up to four ounces of cannabis in plant form and 20 grams of concentrated cannabis products, as well as other products containing no more than 2,000 milligrams of THC.
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Meanwhile, New Hampshire lawmakers recently advanced a bipartisan bill to legalize the regulated use of psilocybin for medical purposes, while rejecting a separate measure on therapeutic access to the psychedelic.
Last June, the New Hampshire Senate voted to scrap compromise legislation that would have lowered the state’s criminal penalty for first-time psilocybin possession while also creating mandatory minimum sentences around fentanyl.
As originally introduced, the legislation would have completely removed penalties around obtaining, purchasing, transporting, possessing or using psilocybin, effectively legalizing it on a noncommercial basis. However, a House committee amended the bill before unanimously advancing it last March.
Photo courtesy of Brian Shamblen.
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