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Committee hears HB 198 to legalize possession of up to 2 ounces for adults

2146046 · January 23, 2025
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Summary

HB 198 would legalize simple possession of up to 2 ounces of cannabis for adults 21 and older while leaving sale and licensing to a later process. Supporters framed it as a narrow, pragmatic step to stop arresting adults for possession; witnesses urged clarification of public-smoking rules and juvenile penalties.

Concord — The Criminal Justice and Public Safety Committee reviewed HB 198, a measure to legalize adult possession of up to 2 ounces of cannabis while maintaining prohibitions on sale, public smoking and impaired driving.

Representative Sullivan, sponsor, said the bill is intended to remove criminal penalties for simple possession by adults 21 and older without immediately creating a retail regulatory system. "The goal of this is simply to legalize this and allow for, reasonable quantities of possession which is 2 ounces," Sullivan said. He noted Vermont used a similar two-step approach, legalizing possession first and addressing regulation later.

Supporters argued the bill would stop arresting adults for nonviolent possession and reduce cross-border purchasing anomalies. Jim Riddle of Hillsborough, speaking for himself, said the bill "doesn't create any new bureaucracy and it doesn't cost taxpayers any money" and argued the state should avoid a state-run monopoly model.

Lawmakers asked about juvenile consequences and about when a possession offense becomes a matter for juvenile delinquency. Committee discussion clarified that under current law, possession by people under 18 remains a delinquency matter and possession by 18–20 year olds remains a violation; the bill would remove the violation for those 21 and older.

Representatives also pressed sponsors about a number of public-safety questions, including enforcement of impaired driving laws for drugs (there is no simple breath-test equivalent for cannabis) and how open-container or open-possession rules in vehicles would apply. Sponsors noted existing DUI and open-container statutes would continue to apply and that the bill would add or retain penalties for public smoking and vaping.

There was no committee vote. Sponsors and advocates urged legislators to treat legalization of possession as a pragmatic first step that would remove criminal penalties for many residents while leaving regulation of retail sales and licensing to a later stage.

Ending note: The committee closed the hearing with no action; supporters said the two-step approach (legalize possession, regulate sales later) has precedent and may be more politically feasible than a combined regulatory package.