The first bill is HB 1386, sponsored by Rep. Wendy Thomas (D – Hillsborough), which would prohibit employers from retaliating against an employee solely because the employee is a qualified patient of the New Hampshire therapeutic cannabis program and has a positive drug test for cannabis. The potential reach of this bill is unclear as it provides that “[e]mployment where no cannabis is allowed shall be excluded from this section.” This suggests that at least some undefined class of employers (Hospitals? Police departments? Schools?) can retaliate against employees who test positive for cannabis. The bill also clarifies that an employer is not required “to allow being impaired by cannabis products while at work.” Given Governor Sununu's veto of several cannabis-related bills last session, I do not anticipate this bill becoming law this session (at least in its current form).
The second bill to watch is HB 1150, sponsored by Rep. Renny Cushing (D – Rockingham), which would permit qualifying patients visiting from out-of-state to access New Hampshire’s therapeutic cannabis dispensaries. Anybody who has visited New Hampshire knows that the state prides itself on obtaining revenue from visiting out-of-staters whether by tolls, state-run liquor stores on the highway, or room and meals taxes. Nevertheless, the elimination of the current ban on such transactions may run into some practical obstacles, such as how to determine whether an out-of-state consumer is a “qualifying patient.” This determination will likely become even more difficult as our neighboring states move away from a medical cannabis market and toward a legalized recreational cannabis market.
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