The New Hampshire House Criminal Justice and Public Safety Committee convened on January 23, 2025, to discuss significant issues surrounding the therapeutic cannabis program and the penalties for unauthorized sales. The meeting focused on the legal ramifications for qualifying patients and designated caregivers who sell cannabis to unauthorized individuals, highlighting the potential for severe penalties under state law.

The discussion began with an overview of the current legal framework, which stipulates that if a qualifying patient or caregiver is found to have sold cannabis unlawfully, their registry identification card will be revoked by the New Hampshire Department of Health and Human Services. This revocation results in the loss of legal authorization to possess and use therapeutic cannabis. Additionally, under the Controlled Drug Act, unauthorized sales can lead to a class B felony charge, which carries a maximum penalty of seven years in prison and fines up to $25,000.

The committee examined a specific provision that imposes an additional class B felony charge for therapeutic cannabis program participants who sell cannabis to nonqualifying individuals. This could result in up to seven years of imprisonment and fines reaching $300,000. The cumulative effect of these penalties could lead to a total of 14 years in prison and $325,000 in fines for individuals found guilty of these offenses.

A key concern raised during the meeting was the potential for "double jeopardy," where patients and caregivers face severe penalties under both general drug distribution laws and specific therapeutic cannabis regulations. Advocates argued that the harsh penalties could deter eligible patients from participating in the program, particularly those with chronic illnesses who may inadvertently violate the law.

The discussion included examples of scenarios where patients might unknowingly engage in unauthorized sales, such as transferring cannabis to individuals whose certifications have expired or to out-of-state patients unfamiliar with New Hampshire's regulations. Advocates emphasized that many patients may not fully understand the legal implications of their actions, which could lead to unintended consequences.

The meeting concluded with a call for a reevaluation of the penalties associated with unauthorized cannabis sales within the therapeutic program. Advocates argued for a more compassionate approach that recognizes the vulnerabilities of patients and the complexities of their situations, urging lawmakers to consider the implications of imposing severe legal repercussions on individuals seeking relief from chronic conditions. The committee plans to continue discussions on this topic in future sessions, aiming to balance public safety with the needs of patients.