New Hampshire has joined the rest of New England in classifying possession of small amounts of marijuana as a civil offense instead of a criminal one.
The Granite State is the 22nd in the country to make the move, which will become official by mid-September after being signed into law by Gov. Chris Sununu (R) last week. After that point, people over 18 who are caught with less than three-quarters of an ounce of marijuana, five grams of hashish and 300 milligrams of the active chemical in marijuana used in edible products will be charged with a violation instead of a misdemeanor, and subject to a $100 fine.
Decriminalization doesn’t apply to those under 18 for marijuana and hashish, or to those under 21 for edible products.
Peterborough Police Chief Scott Guinard said that the threshold would affect an estimated quarter of Peterborough’s marijuana arrest, based on past arrests. He said he has serious concerns about how the change in law will affect policing.
“I do not support the change in the law,” said Guinard.
Among his concerns, he said, is that he anticipates an increase in use impacting things like driving while under the influence.
Francestown Police Chief Fred Douglas agreed, saying, “In my opinion, people are going to use it more frequently because it’s no longer a criminal statute.”
He said he has seen statistics in states where they have legalized marijuana and collision rates have gone up. And there’s no good way to test if someone is high behind the wheel, and no standards for what “impaired” is when driving while high.
“The problem I have with it, and I have told lobbyists this too, until they can come up with a level of THC in marijuana that would be an indication that a person is under the influence of marijuana, I would not agree with it whatsoever.”
Right now, he said, they only are able to test THC in a blood and urine test and there’s no standard like there is for alcohol.
State Rep. Frank Sterling (R – Jaffrey) said that he was in support of the move to decriminalize when it was before the House, and said that he’d go a step further.
“I support full legalization,” Sterling said. “I’ve heard from a number of law enforcement people that they spend a lot of time chasing these arrests.” Sterling said he feels that law enforcement would be better served in other areas.
Prior Democratic governors have shown resistance to lessoning restrictions on marijuana. Former Gov. John Lynch (D) vetoed medical marijuana, not once, but twice. Sununu’s predecessor, Maggie Hassan (D) signed a medical marijuana bill, but spoke against any attempt to fully legalize marijuana, promising to veto any such bill that made it to her desk, and was also against a proposal that would have decriminalized marijuana possession up to half an ounce.
Sterling said that he sees the use of marijuana as a personal choice, and dismissing claims that it’s a gateway to other, harder drugs.
“It’s the Republicans that leave things up to personal choice and allow you to exercise free liberties without governmental interference,” said Sterling.
But police also see potential issues in enforcement.
“If you’re on the roadside, and someone has a baggie that they saying is less than three-quarters of an ounce, we’re sitting there scratching our heads,” said Guinard. “Are we going to have to start carrying scales?”
He also sees ambiguities in the law, he said. It does not address, for example, how to handle a person that has a combination of marijuana products, that may individually fall under the decriminalization threshold, but together exceed it. Or how police are meant to determine the level of a chemical in edibles.
“Those are clearly concerns that the law does not address,” said Guinard.
Wilton Police Chief Brent Hautanen echoed those concerns, saying the law had a lot of “pitfalls” and added that the new law has another worrying connotation.
“It’s treated more lightly than alcohol,” said Hautanen. “If you have a 19-year-old holding a joint, and a 19-year-old holding a beer, the one holding the joint is going to get essentially a $100 ticket, and the one with the beer will be arrested – which is required – and fined $350.”
The message that sends, said Hautanen, is that marijuana is not as dangerous as alcohol — “Which is a dangerous message to send,” said Hautanen.
Guinard said he and other New Hampshire police chiefs have been asked to compile a list of concerning issues and forward them to the attorney general’s office, which he is in the process of doing.
“I understand why this was done, and I understand it’s going to save the courts a lot of time, but I don’t think it’s going to save time for law enforcement, because of some of the issues involved,” said Guinard.
Former circuit court judge L. Phillips Runyon, who retired from the bench this year and still operates a law practice in Peterborough, said that possession of small amounts of marijuana was one of the most common misdemeanors he saw at the 8th Circuit Court in Jaffrey.
“I doubt there was a day that went by that we didn’t see one. Or half a dozen,” said Runyon in an interview last week. “Most of it was certainly for personal use.”
Though most times, the amount in those cases wasn’t specified, said Runyon, he would often ask the amount, and usually it was small — a roach or a very small amount in a baggie — which would fall under the new decriminalization limit. Those cases, in his memory, have never resulted in jail time, said Runyon, even for cases where it was a subsequent offense, where jail could be a potential consequence — in all cases that he could recall, they resulted in, at most, a suspended sentence, he said.
But where the law will have the most impact, he said, is on more subtle consequences that a criminal conviction can have on a person.
“It will reduce the negative impact on people in the rest of their lives,” said Runyon. “When you apply for a job and have to answer the question ‘Have you ever been arrested for a criminal offense’ that’s a significant factor in getting that job.”
An arrest on a drug charge, even with a rise in the prevalence and social acceptability of marijuana, can lead to employers perceiving potential irresponsibility, lack of judgment and potential unreliable activity, said Runyon. And those factors also weigh in in other areas as well, such as scholarships or student loans.
And said Runyon, though referred to as “decriminalization,” possession of marijuana is still a violation offense, and police can still use suspicious of possession of marijuana as a basis for things like getting search warrants or pursuing the offense.
“I don’t think it’s going to have any effect on law enforcement’s pursuit of possession, and not going to stand in their way of dealing with it, except in the ultimate result – which is criminal vs. non-criminal,” said Runyon.
Some police departments are withholding judgment for the moment.
“We’re just trying to inform ourselves,” said Jaffrey Police Chief Bill Oswalt, who said there haven’t been many questions raised in town at this point in time. “We want to adjust to the new regulations and are trying to anticipate the changes.”
New Ipswich Police Chief Tim Carpenter and Bennington Police Chief Bret Sullivan declined to comment.
Several states, including recent additions Maine and Massachusetts, have legalized marijuana for recreational purposes. It is legal in Washington, Oregon, Alaska, Colorado, Nevada and Washington D.C., and Maine and Massachusetts will officially join them in the coming months.