Latest news with #NewHampshireHouseofRepresentatives
Yahoo
5 days ago
- Politics
- Yahoo
NH House passes mandatory minimums for fentanyl possession and reduces punishments for shrooms
The New Hampshire House of Representatives debates bills during a voting session in the State House Thursday afternoon. Earlier Thursday, they approved Senate Bill 14, which institutes mandatory minimums for fentanyl possession. (Photo by William Skipworth/New Hampshire Bulletin) The New Hampshire House of Representatives voted, 214-167, Thursday to pass Senate Bill 14, which creates mandatory minimums for fentanyl possession and reduces the penalty for people caught with psilocybin mushrooms. If enacted, SB 14 would create mandatory minimum sentences for people convicted on fentanyl charges. That includes manufacturing, selling, transporting, or possessing the drug with the intent to sell. People convicted with 20 grams or more of the drug would face at least 3½ years in prison under the bill. People convicted with 50 or more grams would face no less than seven years. There is currently no minimum sentence under state law, which gives judges leeway to decide. There is, however, a maximum of 30 years on the first offense and life imprisonment for repeat offenders. The bill was previously approved by the Senate in February. 'The people asked us for law and order,' Rep. Terry Roy, a Deerfield Republican, said on the House floor. 'Let's give them law and order.' One Republican lawmaker doubted the bill's minimums would actually be impactful. 'Twenty grams plus of fentanyl possession is almost certainly gonna be prosecuted as a federal crime,' Rep. Kevin Verville, a Deerfield Republican, said. 'The odds of the state actually using this bill when it becomes law is infinitesimally small in my opinion.' The representative characterized the mandatory minimums as something being done for show. 'You can campaign on law and order on this,' Verville said. 'In my opinion, that's what this is.' However, the bill was amended on the House floor to add a provision that aligns with one of Verville's biggest priorities as a legislator. That provision reduces the penalty for possession of psilocybin, a psychedelic drug commonly known as magic mushrooms or shrooms. Under the amended bill, possession or use of less than three-quarters of an ounce of psilocybin would be a misdemeanor on first offense as opposed to a felony, which is currently state law under the Controlled Drug Act. Verville is the sponsor of another bill, House Bill 528, that would reduce the penalty to a simple violation. Verville and his colleagues have argued it's less dangerous than other harder drugs and that it has medicinal benefits such as treatment for PTSD or migraines. HB 528 was approved by the House in March. Verville is a vocal proponent of fully legalizing psilocybin, though he has acknowledged he doesn't believe he can convince enough of his colleagues of that, so he settled for this measure. Verville urged his colleagues to approve SB 14. 'What this bill now has in it is it has real psychedelic reform for the citizens of New Hampshire,' he said. 'Compounds that help people beat alcoholism, opioid addiction, other drug addiction, depression, post-traumatic stress syndrome.' Verville said SB 14 'finally ends a felony charge for simple possession for a small amount of psilocybin,' which he called 'an excellent trade.' He also argued that the minimum sentences outlined by the bill were 'fairly short.' 'The benefit of the psilocybin far outweighs — far outweighs — any mandatory minimums,' he said. 'I'm begging you.' Eight Democrats joined Republicans to pass the bill, while six Republicans bucked their party to vote against it. Most Democrats were opposed to the legislation. 'I want to be clear, SB 14, like several other bills, is not about crime,' Rep. Linda Harriott-Gathright, a Nashua Democrat, said. Harriott-Gathright pointed out that fentanyl possession is already illegal and punished severely by law. She, and many of her Democratic colleagues, argued that mandatory minimums were ineffective at hindering crime. 'The question before us today is whether we think adopting mandatory minimums and maximums, an outdated one-size-fits-all solution, is going to be an effective use of taxpayer dollars to address the many substance issues in our state,' she continued. 'The bottom line is that our country has already tried that approach. … We all know that it has failed.' She said the bill 'robs judges of their ability to fully consider all relevant facts and circumstances and 'undermines basic principles of justice.' She also argued the psilocybin provision was 'likely to vanish in committee of conference,' the process where House and Senate members negotiate the differences between their bills. Because the bill was amended by the House, it will return to the Senate to be reconsidered. The Senate can now either accept the amendment, enter the committee of conference process to hash out its differences with the House, or reject the bill outright. Enacting the mandatory minimums has been a priority for Gov. Kelly Ayotte, who publicly called on lawmakers to bring the legislation to her desk. A similar bill, Senate Bill 15, would've created even harsher minimum sentences for cases where a death was involved. It would've created a minimum sentence of 10 years for people who illegally manufactured, sold, or dispensed fentanyl that resulted in someone dying. The Senate approved that bill the same day as SB 14 in February. However, that bill was retained in committee and has not yet been considered by the full House.
Yahoo
22-05-2025
- Politics
- Yahoo
Law enforcement leaders urge House to reject SIG Sauer immunity
Twenty-five law enforcement leaders from across the country are urging the New Hampshire House of Representatives to reject a Senate-passed bill that would grant gunmaker SIG Sauer immunity from liability regarding a P320 pistol that's been the topic of hundreds of lawsuits. Concord lawyer and former Supreme Court Justice Chuck Douglas is representing the group after he had originally launched a federal class-action suit regarding allegations that the pistol didn't function properly. 'Granting any community immunity is a pretty rare occurrence because the net result of it is to close the courthouse door,' Douglas said. A federal judge denied the class-action suit and instructed Douglas to file individual cases against the gun manufacturer. To date, there have been 120 such cases brought in the Granite State over the P320, Douglas said. At issue is the P320's lack of a mechanical safety on many versions. Plaintiffs have claimed that without a safety, the pistol has a tendency to fire on its own. SIG Sauer has contended that the lack of a safety is a known feature of the P320 and that user error is responsible for the shootings. The legislation exempts gunmakers from liability for the "absence or presence" of a safety or other features. In an op-ed provided to the Union Leader, law enforcement officials contend the pistol has been 'mired in controversy' since its introduction in 2014. The signers included police officials from 14 states, the District of Columbia and Puerto Rico. The suits alleged that after a misfiring problem was discovered, SIG Sauer changed the pistols supplied in a Department of Defense contract for the military but continued selling what the suit claimed were 'defective' guns for months until a national gun retailer notified the national media. 'In conclusion, we urge lawmakers to reject proposals that seek to grant immunity based on a single manufacturer's request and based on a single gun — the P320 pistol — that has placed law enforcement officers and the general public at risk and unnecessarily harmed many,' the police officials said. 'By opposing immunity for SIG Sauer, we in law enforcement uphold our duty to protect and serve, both on the streets and in our communities." Proposal emerged without public hearing Robert Zimmerman was the lead lawyer who sued SIG Sauer and won a judgment in Pennsylvania. 'SIG Sauer should focus on changing the defective design of its P320. Instead, SIG Sauer is paying lobbyists to change New Hampshire law to deprive local, state and federal law enforcement officers and private gun owners from having their day in court and to hold SIG Sauer accountable for their serious injuries,' Zimmerman said in a statement. 'Injured law enforcement officers are the ones most disproportionately harmed by SIG Sauer's attempt to change the law to give itself immunity; that is simply un-American.' The state Senate earlier this month approved the measure on a 16-8 party-line vote, with all Republicans in support and all Democrats against it. Senate Judiciary Committee Chairman Bill Gannon, R-Sandown, said the immunity was limited to optional features of the weapon and would not prevent a lawsuit over any gun's manufacturing defect. Gannon's amendment specifically exempts gunmakers from liability claims over the 'absence or presence' of items such as a magazine disconnect mechanism, a loaded chamber indicator, authorized user recognition (such as fingerprint) technology or an external mechanical safety. 'You loaded the weapon. It must have some kind of warning that it has been loaded or the company could be sued — does that make any sense?' asked Sen. Daryl Abbas, R-Salem, who is a criminal defense lawyer. Gannon brought the proposal before the full Senate as a floor amendment that never had a public hearing. The change was added to a popular House-passed bill (HB 551) that would eliminate a license needed to sell handguns. +++ What's Next: The House of Representatives will consider in the coming week or so whether to agree with the amendment, reject it and seek a conference committee to resolve differences with the Senate or kill the bill outright. Prospects: Hard to tell. The House has a very strong contingent of pro-gun-rights legislators but in the past has been loath to support other legislation to grant sweeping immunity from liability for other industries. klandrigan@
Forbes
01-04-2025
- Politics
- Forbes
New Hampshire House Passes Another Cannabis Legalization Bill
The New Hampshire House of Representatives has passed a bill to legalize marijuana possession for ... More the second time this legislative session. The New Hampshire House of Representatives last week approved legislation to legalize cannabis, the second time in just over a month the chamber has passed a bill to end the prohibition of marijuana. Lawmakers in the House approved HB 198, sponsored by Democratic Rep. Jared Sullivan, by a vote of 208-125 on March 26. If passed by the New Hampshire Senate and signed into law, the legislation would allow adults aged 21 and older to possess up to two ounces of cannabis flower. The bill would also legalize possession of up to 10 grams of cannabis concentrates and other marijuana products containing no more than 2,000 milligrams of THC, the primary psychoactive compound found in cannabis. 'It is 2025. Let's stop arresting people and ruining their lives for possession of cannabis, something that many states in the country have already legalized,' Sullivan said before Wednesday's vote, according to a report from Marijuana Moment. The bill would not legalize commercial cannabis production and sales. The public consumption of cannabis would also remain against the law. The sponsor of the legislation said that lawmakers seem to agree that cannabis should be legalized. The remaining disagreements center on how cannabis sales should be legalized and regulated. 'Once we get it legal, we can continue to have that debate. That seems to be where the sticking points [are]: Do we want it to be a private, industry-based model? Do we want to be a state-run model?' Sullivan asked his colleagues in the House. 'These things are where we're getting kind of caught up in the weeds, and it seems like most people agree that we should legalize it.' The New Hampshire House of Representatives has approved two separate bills to legalize marijuana ... More possession this year. The passage of HB 198 came about five weeks after the New Hampshire House passed HB 75, a different bill to legalize the possession of marijuana without authorizing regulated sales of cannabis. If passed, the bill from Republican Rep. Kevin Verville would remove criminal penalties for possessing and using cannabis by adults aged 21 and older. Like Sullivan's bill, the legislation would not create a regulated cannabis industry or legalize sales of recreational marijuana. Public consumption of cannabis would also remain illegal. Marijuana would still be illegal for those under age 21 under Verville's bill. Those under age 21 caught using or possessing marijuana would be guilty of a violation. Minors under age 18 found to be possessing or using cannabis would be referred for substance use disorders screening. The same day House lawmakers passed HB 198, New Hampshire Republican Gov. Kelly Ayotte, who took office in January, repeated her opposition to legalizing recreational marijuana. 'I've been very clear on this,' Ayotte told reporters on March 26, Marijuana Moment reported on Monday. 'I ran on this issue, and the people of New Hampshire know where I stand on it. I don't support it.' 'I don't think it is the right direction for the state for a lot of reasons,' she told reporters, according to a report from InDepthNH. 'I believe, if you think about our quality of life, if you think about some of the concerns that can flow from that. I know…we talked about safety on our roadways. I think that there are a number of issues that states who have legalized cannabis have experienced in those regards that I just don't think can be addressed at the moment with the existing technology.'
Yahoo
28-03-2025
- Politics
- Yahoo
New Hampshire House moves to reduce criminal penalties for shrooms
The New Hampshire House of Representatives passed a bill Wednesday that would reduce the penalties for people 21 and older caught with psilocybin, the psychedelic drug commonly known as magic mushrooms or shrooms. The House approved House Bill 528 during Wednesday's voting session as part of the consent agenda through a voice vote. If enacted, the bill would reduce the penalty for people 21 and older who obtain, purchase, transport, possess, or use psilocybin in New Hampshire from a felony to a simple violation with a small fine and no jail time. On the first offense, someone caught with psilocybin could face a fine of up to $100 under this bill; on the second offense that rises to $500, and for third-time offenders it could be up to $1,000. Second or third offenses would also rise from a violation to a misdemeanor under this bill. The drug is currently illegal in New Hampshire under the Controlled Drug Act. Originally, the bill's proponents, including its sponsor Deerfield Republican Rep. Kevin Verville, called for psilocybin to be legalized entirely for people 21 and older. However, the House Criminal Justice and Public Safety Committee ultimately amended the proposal to simply lessen the punishment. Earlier this month, the Criminal Justice and Public Safety Committee voted unanimously in favor of the bill. The legislation still must be approved by both the Senate and the governor before it can become law. 'Not only is this not really a dangerous drug, but it also has medicinal benefits that people are unable to take advantage of currently because of its classification under the Controlled Drug Act,' Rep. Alissandra Murray, a Manchester Democrat, said during the committee's March 7 meeting. 'While entirely removing it might be too big a step for this Legislature to take right now, I think this is a good compromise to start with.' In 2019, psilocybin was outlawed in all 50 U.S. states. However, Oregon became the first state to legalize the drug in 2020. Colorado also legalized it in 2022. It is still illegal in the remaining 48 states. Cannabis is another recreational drug that has seen even more growing acceptance as of late. Cannabis is now legal for medicinal purposes in 39 U.S. states and for recreational use in 24 after once being illegal across the entire country. In New Hampshire, it is still illegal for recreational use. However, it is decriminalized and legal for medicinal purposes. Verville has sponsored another bill, House Bill 75, that would legalize recreational cannabis. This story was originally published by the New Hampshire Bulletin. This article originally appeared on Portsmouth Herald: NH House moves to reduce criminal penalties for shrooms
Yahoo
27-03-2025
- Health
- Yahoo
New Hampshire House puts the brakes on child abuse bill, seeking to return to it next year
The New Hampshire House of Representatives voted overwhelmingly, 342-1, to table House Bill 553. (Photo by Dana Wormald/New Hampshire Bulletin) A bipartisan effort in the State House to strengthen the legal definition of child abuse failed on Wednesday, but legislators said they hope to rework the bill and come back with it next year. The New Hampshire House of Representatives voted overwhelmingly, 342-1, to table House Bill 553, which was co-sponsored by both Democrats and Republicans. By tabling the bill, the House has decided not to advance it, but it can still pick up the bill for reconsideration later. The bill would have updated the legal definitions of abuse and neglect, and created instructions for officials on dealing with both situations. For example, the bill would have added, 'Evidence of serious injury, broken bones, or unexplained injury to any non-ambulatory child, or frequent illnesses that are not being adequately addressed or controlled,' to the list of factors that constitute evidence of child abuse. The bill also sought other changes that would've made the language more 'trauma informed.' Rep. Alicia Gregg, the Nashua Democrat who introduced the bill, said the legislation ran into opposition from Republicans who were concerned it would infringe upon parental rights. 'They don't trust how the updated definitions will be interpreted,' she wrote in a message to the Bulletin. 'Unfortunately, there have been some extreme misconceptions on what definitions do (versus) ramifications that you find in subsequent statutes.' Gregg said she met with Republican leadership Tuesday ahead of the vote and they agreed to table it and work on amendments. If they hadn't tabled it, she believes it would've been voted down entirely. 'We will continue to work on the language to strike a balance that protects children and the due process of parents,' she continued. 'It's important to work cooperatively with stakeholders to ensure the definitions represent best practices and prioritize balancing the need for safety with the importance of keeping families together.' Among other things, the bill would have designated 'exposure of a child to … physical violence, verbal abuse, or psychological maltreatment directed at the child, a sibling, the other parent or significant other, or another person living in the home' as reason to suspect a child is being harmed. The bill also would have changed the statutory instructions on removing a child from the home from 'determine if the preservation of family unity is in the best interest of the child' to 'presume that family unity is in the best interest of the child; but, if it is determined to not be in the child's best interest, to secure placement in the least restrictive setting.' The bill also called for 'frequent' reviews of any child removed from the home with the goal of returning that child to the home as quickly as possible.
