HOUSE OKS MARIJUANA BILL

But Not Enough Votes to Override Veto

A bill to decriminalize possession of a quarter-ounce or less of
marijuana won convincing support yesterday in the House with a
214-137 vote. But the tally is about 17 votes short of the two-thirds
majority needed to override a veto promised by Gov. John Lynch.

Rep. Frank Sapareto, R-Derry, who voted for the legislation, said the
state's marijuana possession law is harsh enough. The penalty is a
$2,000 fine and a year in jail.

Furthermore, Sapareto said a conviction can close doors for young
people, putting federal loans for college or military enlistment at
risk. "It's ridiculous," he said.

The decriminalization bill now heads to the Senate. Sen. Mike
Downing, R-Salem, a former state trooper and police officer, has yet
to support a marijuana decriminalization bill.

"I haven't voted for it yet," Downing said. He doesn't see that trend
changing. Downing said his law enforcement background tells him
marijuana use leads to harder drugs.

And, regardless of whether the state decriminalizes marijuana
possession, it's still a federal crime, he said.

If the New Hampshire bill becomes law, possession of a quarter-ounce
or less would be a violation, carrying a penalty of $200. Marijuana
possession is now a Class A misdemeanor.

Matt Simon, executive director of the New Hampshire Coalition for
Common Sense Marijuana Policy, was pleasantly surprised with
yesterday's House vote. The decriminalization effort is making
headway, and many legislators support the proposal.

Two years ago, the House voted 193-141 to support decriminalization
after the bill was rejected by the Justice Committee, 13-5. This
year, the bill received approval from the Justice Committee, 16-2,
before the 214-137 vote by the entire House.

Simon doesn't expect the bill to become law this year but is not
ruling out the possibility.

"We know the governor is against it, but we expect a fair hearing in
the Senate," Simon said. "After three years in a row, we expect to be
taken seriously in the Senate."

The governor released a statement yesterday reaffirming his
opposition to decriminalization, saying he shares "the law
enforcement community's concerns about proliferation of this drug."

"We should not make the jobs of parents - or law enforcement - harder
by sending a false message that some marijuana use is acceptable,"
Lynch said. The governor said he will veto a marijuana
decriminalization bill if it reaches his desk.

Simon rejects the governor's argument. "If he thinks people in New
Hampshire should be imprisoned up to a year in jail for possessing
small amounts of marijuana, we'd love to hear his explanation," Simon said.

Last year, New Hampshire's attempt to legalize marijuana for
medicinal use fell just two votes shy in the Senate of overturning
Lynch's veto. The House successfully overcame the veto.

Massachusetts decriminalized marijuana in November 2008. Possession
of an ounce or less is a civil infraction punishable by a fine of $100.