POT POSSESSION BILL MERITS CONSIDERATION

For years, state lawmakers have introduced legislation that would
make the possession of marijuana legal in New Hampshire - and each
year it has failed.

This year, however, there is an attempt to walk a fine line between
full-fledged legalization and the current practice of criminalization.

As such, we believe it's worthy of thoughtful consideration this year
by both the Legislature and the governor.

On Tuesday, the House Criminal Justice and Public Safety Committee
heard testimony on a bill filed by a Nashua lawmaker that would
reduce state penalties for possession of up to 1.25 ounces of marijuana.

Currently, possessing any amount of marijuana is a criminal
misdemeanor punishable by up to a year in a county jail and fines of
up to $2,500. As a matter of practice, individuals convicted of a
first offense usually are fined several hundred dollars.

The bill (HB 1623) was introduced by freshman Rep. Jeffrey Fontas, a
21-year-old Nashua Democrat who was one of three candidates elected
to represent Ward 6 in 2006. One of his co-sponsors is Rep. Andrew
Edwards, another 21-year-old freshman Democrat who represents Nashua
Wards 5, 8 and 9.

This is the latest attempt to either decriminalize or reduce
penalties for marijuana in recent years. In 2005, a bill to
decriminalize possession of marijuana met with an overwhelming
rejection in the House of Representatives (295-60), while last year a
similar bill never made it out of the House.

If adopted, New Hampshire would become the 13th state in the country
to decriminalize the possession of marijuana. Oregon was the first
state to do so in 1973 and was followed by Alaska, California,
Colorado, Maine, Minnesota, Mississippi, Nebraska, Nevada, New York,
North Carolina and Ohio. Nevada was the most recent in 2001.

During Tuesday's hearing, supporters argued that a criminal marijuana
conviction - particularly for older teens - can make it difficult to
obtain a college scholarship, get a job, serve in the military, or
qualify later for subsidized housing or welfare. They also reasoned
that it would free up police, the courts and the county jails to
concentrate and more serious crimes, saving a considerable amount of
taxpayers' money in the process.

How much money? That's hard to say. The state's Judicial Branch,
Judicial Council and New Hampshire Association of Counties
anticipated some savings in their financial analysis of the bill, but
they didn't have enough data to put a more definitive price tag on it.

Conversely, the head of the state police chiefs association and the
attorney general's office argued against the bill, saying marijuana
use frequently leads to harder drugs and that the legislation was the
first step toward making marijuana use legal.

One particularly troubling note was sounded by Assistant Attorney
General Karin Eckel. She said the bill as written not only would
decriminalize the possession of up to 1.25 ounces of marijuana, but
the sale of up to that amount as well, even though that didn't appear
to be the intent of its sponsors.

If true, that should be a deal breaker. We have no interest in
supporting this bill if legalizing the sale of marijuana in any
amount is part of it.

Otherwise, we believe the bill has merit for many of the reasons
stated by supporters at the hearing, particularly those that relate
to the future ramifications of a criminal record. In the words of
Fontas, the bill's sponsor, we agree it represents a "sensible, mild
transition" from the state's current policy that essentially treats
all marijuana users as criminals.

To be clear, our support for this legislation should not be seen in
any way as condoning the use of marijuana in any quantity. Possession
would still be illegal under state law and those found guilty would
be subject to a $200 fine for each offense.

We just don't believe, especially for many young people whose lives
could be adversely affected by even a single arrest, the punishment
fits the crime.

KEY POINTS

BACKGROUND: The state Legislature is considering a bill that would
make possession of up to 1.25 ounces of marijuana a violation instead
of a criminal offense.

CONCLUSION:We believe the bill deserves serious consideration from
both a public policy and a practical perspective.