But, We May Have More Dispensaries and More (Legal) Cannabis Growing in New Hampshire

Last time: No Recreational Cannabis This Year and No New “Alternative Treatment Center” Licenses

However . . .

Even though the Senate killed the effort to add additional licenses, it has passed legislation (HB 335) that provides DHHS with authority to allow current license holders operating ATCs to open a second dispensary location within their geographic licensed areas. The opening of a second location is subject to Department approval and may not be used for cultivation. The bill now goes to Governor Sununu.

The Legislature has also passed two bills (HB 364 and HB 459), which will make it easier to grow cannabis in New Hampshire. HB 364 permits qualifying patients and designated caregivers to cultivate cannabis for therapeutic use. The bill also permits qualifying patients and designated caregivers to donate excess cannabis to other qualifying patients. The bill sailed through the House, but passed the Senate on a party-line vote and may be vetoed by the governor. HB 459 seeks to promote the cultivation of hemp in the State by defining it and establishing a committee to study the federal guidelines on growing hemp. It sailed through the House and Senate and awaits action by the governor.

Additionally, the Legislature passed two bills (HB 350 and SB 88) which would make it easier for patients to obtain the required certification from a licensed health care provider to qualify for therapeutic cannabis. HB 350 adds physician assistants to the list of licensed health care providers who are authorized to certify that criteria has been met for the use of therapeutic cannabis. SB 88 eliminates the requirement that a licensed health care provider certifying that a patient meets the criteria for the use of therapeutic cannabis have a pre-existing three-month relationship with the patient. These bills face uncertain prospects in the governor’s office.

The Latest USDA Guidance on Hemp Law

The United States Department of Agriculture (USDA) Office of General Counsel issued some guidance last week on its view of the current legal status of hemp. The takeaways are:

1. Hemp is no longer a Schedule I Controlled Substance under federal law.
2. At the moment, states cannot prohibit the interstate transport of hemp (or hemp products) lawfully produced under the 2014 Farm Bill. Why the 2014 Farm Bill, when the 2018 Farm Bill just became law, you might ask? Well, point 3 gets to this.
3. The 2018 Farm Bill loosened the requirements for hemp to be grown legally, but this more relaxed regime only takes effect after the USDA publishes the necessary regulations. Once these regulations are published, then states and tribes may not prohibit the interstate transport of hemp produced under a state or tribal plan or under a license issued by the USDA.
4. While states and tribes cannot prohibit the commerce of hemp legally grown elsewhere, they can enact and enforce laws which prohibit the growth of hemp within their territory.
5. The Food and Drug Administration (FDA) retains authority to regulate hemp under applicable FDA laws. In other words, the FDA can and will continue to crack down on those who make unapproved therapeutic claims related to CBD, and may continue to regulate the addition of CBD to food products.

Overall, this guidance is probably good news for those who are growing or sourcing their product legally, and want to reach a national market. It could also be interpreted as another baby step in the direction of nationwide legalization of one species of cannabis.