HOUSE VOTES TO RELAX LAW FOR MARIJUANA

Bill Would Decriminalize Quarter Ounce

Smoke 'em if you . . . don't mind risking a violation on your record.
A bill that would decriminalize possession of small amounts of
marijuana passed New Hampshire's House yesterday by a wide margin,
eliciting whoops and scattered applause in the chamber. But the
revelry might be short-lived: Gov. John Lynch's office promptly
announced that he would veto the measure if it gets to him.

"This sends absolutely the wrong message to New Hampshire's young
people about the very real dangers of drug use," said spokesman Colin
Manning. "That is why Gov. Lynch joins with the House Criminal Justice
Committee and law enforcement in opposing this bill. In the event that
the bill reaches his desk, which seems unlikely, the governor will
veto it."

A pair of 20-something lawmakers - one Democrat, one Republican - made
the case for the bill yesterday, arguing that current marijuana laws
saddle teens with lifetime criminal records that make it harder for
them to attend college because they're ineligible for federal
financial aid.

The House responded, first overturning the Criminal Justice
Committee's recommendation against the bill and then backing the bill
by a 193-141 vote. The bill would reduce the penalty for possessing a
quarter ounce of marijuana from a misdemeanor to a violation. The
maximum punishment would be downgraded from a year in jail to a $200
fine.

Supporter Rep. Jason Bedrick emphasized that marijuana would remain
illegal under the bill. "The question today is not whether marijuana
should be legal," said Bedrick, 24, a Windham Republican who is taking
time off from religious school to serve in the House. "The question is
whether a teenager making a stupid decision should face up to a year
in prison and loss of all federal funding for college."

The bill's prime sponsor, Nashua Democrat Jeffrey Fontas, said he was
motivated by "one thing: the undeniable importance of a college
education." Fontas, 21, is an undergraduate at Northeastern University.

But Rep. John Tholl countered that making possession of marijuana a
violation would lead to confusion, sending the message that possessing
marijuana is "no worse than a speeding ticket" - although selling the
drug or transporting it would still be a felony.

"We don't need to send a mixed message to the people that it's okay to
have a little bit, but you can't drive with it in a car and you can't
give it to a friend," said Tholl, a 64-year-old Republican from
Whitefield. Tholl is a retired state police sergeant and the part-time
police chief of Dalton.

Twelve states have passed laws decriminalizing marijuana, according to
the National Organization for the Reform of Marijuana Laws. Most of
those set the limit at an ounce or less and fine people who violate
the law.

The measure won an odd mix of support. In the morning, outspoken
Manchester Republican Steve Vaillancourt handed out materials to
passers-by in the hallway, asking, "Wanna smoke a joint?" (The
materials: An annotated copy of a pro-legalization article by
influential conservative William F. Buckley, titled "Free Weeds.")

That wasn't the last time Buckley came up during yesterday's debate.
Supporters of the measure handed out glossy brochures with his face on
them, paired with that of former President Clinton.

The bill prevailed with heavy Democratic support, but the measure
split both parties: It got a yea from Democratic Floor Leader Dan
Eaton but a nay from Majority Leader Mary Jane Wallner, a nay from GOP
Deputy Leader David Hess but a yea from libertarian-leaning Republican
Rep. Neal Kurk.

Eaton, a former Stoddard police chief, praised the bill's backers for
the work they did in getting it passed.

"They phrased their arguments masterfully. If you are not a student,
you are more than likely a parent or a grandparent," he said. "They
were masterful at it, these are young kids, and I'm so proud of them I
can't stand it."

After the vote, Fontas stood outside in the hallway, taking handshakes
and congratulations from veteran legislators.

"It'll get killed in the Senate," warned Rep. Bette Lasky, a fellow
Nashua Democrat.

Although no senator has signed on to the bill - Fontas's co-sponsors
were Reps. Andy Edwards and Charles Weed - Fontas said he's hopeful.
"People said it would get killed in the House," he said.

Eaton said predictions that the bill would die in the Senate may be
premature. "Again, they're parents and grandparents," he said. "The
knee-jerk reaction is to say that's DOA. These kids are impressive."