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June 22, 2012

New Hampshire Gov apparently opts for "die" over "live free" with veto of medical marijuana bill

NHThe state motto for New Hampshire is "Live Free or Die."  Based on this AP article, headlined "NH gov Lynch vetoes bill legalizing home cultivation of marijuana for medical uses," it would appear that New Hampshire's (Democratic) governor has decided die is the preferred choice to living free when it comes to marijuana.  Here are the basics:

As promised, Gov. John Lynch has vetoed a bill that would legalize the home cultivation of marijuana for medical purposes.

The bill would allow patients with debilitating medical conditions or the patient's designated caretaker to cultivate and possess up to six ounces of marijuana, four mature plants and 12 seedlings at a registered location.  Lynch says that would lead to a virtually unlimited number of potential cultivation sites, making it impossible to control the distribution and prevent illegal use.

Lynch also vetoed a similar bill in 2009.  The current bill passed both the House and Senate with wide margins, making it likely that the Legislature could override Lynch's veto next week.

Governor Lynch yesterday released this long statement explaining the reasons for his veto, and these passages from the statement provide a great indication of how effective law enforcement and its vision of "big brother government" can be in blocking these sorts of criminal justice reforms:

Law enforcement has serious concerns about preventing the unauthorized use of marijuana under this legislation. SB 409 requires that the cultivation locations be registered with the N.H. Department of Health and Human Services. But the bill restricts the identification of those cultivation locations to law enforcement only in the very narrow instances where an individual has been arrested and claims to be engaged in the medical use of marijuana, or where state and local law enforcement have probable cause that marijuana is being cultivated or used at a particular location and seek confirmation that the cultivation or use is for medical purposes.

While SB 409 requires that marijuana for medical use be cultivated in a "locked and enclosed site," neither state nor local law enforcement is authorized to generally inspect and confirm that these conditions are being maintained. The inspection and oversight of cultivation sites is assigned to the Department of Health and Human Services. The Department has neither the staff nor the statewide presence to adequately regulate the security of marijuana cultivation sites, which are unlimited in number. Effective and continuous oversight of cultivation sites is critical to prevent unlawful access to marijuana.

In other words, NH Gov Lynch says here he needed to veto this bill in part because cops and prosecutors are not being given permanent and unlimited authority to engage in "continuous oversight" of any and everyone who registers to grow marijuana for medical purposes. Yeesh.

NH choiceI am pleased and hopeful that legislators in New Hampshire are strongly inclined on this issue to opt for the "live free" rather than "die" opinion in the state's motto. 

Importantly, as reinforced by this new Politico piece, headlined "New Hampshire speaker touts conservative wins," in the Granite state this pot policy debate is not a left/right, soft versus hard on crime matter.  Rather, the Republican-dominated legislature plainly understands in New Hampshire than a real commitment to freedom and limited government should mean letting people grow the wicked weed in some cases. In telling contrast, the Democratic governor of New Hampshire plainly appreciates that a real commitment to a nanny state must mean restricting any and all access to the wicked weed unless and until big brother government can be sure to be able to keep a close watch on when and how that weed is being used.

Meanwhile, for some (not quite closely) related news from another notable jurisdiction, check out this new press article headlined "Uruguay says it may sell marijuana to combat cocaine." Here is the heart of this story:

Selling marijuana is part of a package of measures meant to combat the abuse of cocaine and pasta basica, a drug akin to crack, diverting Uruguayan drug users toward marijuana instead. The measures come after a recent rash of gang and drug crime in the ordinarily peaceful nation.

If Uruguayan lawmakers agree, theirs would be the first country where the government has not only legalized or regulated marijuana but taken over the market, experts say. Backers of drug legalization and regulation praised the idea as an intriguing step forward.

“Mothers wanting to protect their children should realize that a strictly regulated market is much safer than an illegal market,” said Amanda Fielding, founder of the Global Initiative for Drug Policy Reform based in Britain. "We need to let governments experiment -- cautiously -- with policies that might minimize harm."

That argument was disputed by drug opponents, who contend that getting government into the marijuana business won't curb the black market or stop users from moving on to harder drugs.... "Why would people pay taxes and higher prices and put themselves out there to be known by the government?" asked Calvina Fay, executive director of the Drug Free America Foundation based in Florida. Since the government will only sell to adults, "kids will become the target of the black market."

June 22, 2012 at 10:18 AM | Permalink

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Comments

Governor's campaign donors should be investigated to see if they are front organizations or individuals for the Mexican drug cartel. The prohibition is a Federal price support for the enrichment of thenemies of the United States.

Posted by: Supremacy Claus | Jun 22, 2012 7:41:45 PM

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