House panel hears bill to let therapeutic cannabis patients cultivate limited home gardens

CONCORD — The House Committee on Health, Human Services and Elderly Affairs took public testimony on House Bill 53, a proposal to allow qualifying therapeutic cannabis patients or designated caregivers to cultivate a limited number of cannabis plants at a patient’s residence under defined guardrails.

Sponsor Representative Wendy Thomas (Merrimack) said HB 53 responds to cost and access barriers in the state’s therapeutic cannabis program and would permit a registered patient to maintain up to three mature (flowering) plants, three immature (nonflowering) plants and 12 seedlings (six inches or less), provided plants are secured, not visible from private property and cultivation locations are registered with the state program.

Why supporters favor it: Testimony from the Therapeutic Cannabis Medical Oversight Board (TCMOB) and ATC representatives emphasized affordability and strain-specific needs. Former Representative and TCMOB Chair Jerry Knirk said the board voted unanimously to support HB 53 and described the program’s patient base, noting many patients are certified for chronic pain and sometimes require specific strains not carried by local ATCs.

Safeguards and enforcement: Department of Health and Human Services administrator Michael Holt said the department takes no position but listed bill safeguards: cultivation location must be at the patient’s residence, out of public view, in a locked and enclosed space; locations must be registered with the therapeutic cannabis program; either the patient or caregiver (not both) may cultivate; caregivers cultivating may do so for only one patient; and ATCs may sell seeds/seedlings and the state’s licensed independent lab may test patient-grown samples (testing is optional). Holt also summarized enforcement: the department can revoke cultivation privileges for violations and may share registered cultivation location information with local or state law enforcement upon receipt of a sworn affidavit.

Opposition and concerns: Smart Approaches to Marijuana (SAM) New Hampshire opposed the bill at public hearing, citing federal hemp-marijuana definition issues, a perceived lack of enforcement bandwidth, and risks of diversion and illicit markets. SAM also noted concerns about including PTSD among qualifying conditions and cited academic studies that raise cautions about cannabis for PTSD. Law enforcement (New Hampshire State Police) warned about potential exploitation if other out-of-state entities sought cultivation locations in New Hampshire and urged clear statutory limits.

Patient testimony: Several registered patients and caregivers, including disabled veterans, said the measure would reduce costs and provide a practical option for patients who live far from dispensaries or cannot afford recurring purchases. Adam Mulholland, a disabled veteran and program participant, said home cultivation would help people on fixed incomes; he described how the program allowed him to reduce opioid use.

What the bill would do: HB 53 would permit home cultivation for qualifying patients or designated caregivers within numeric limits, require registration of the cultivation location with the therapeutic cannabis program, and preserve program penalties for diversion and noncompliance. The bill explicitly allows the department to share cultivation registration with law enforcement under affidavit standards.

Next steps: The public hearing closed with no committee vote recorded in the transcript. Department officials said they could implement the bill within existing budgets but highlighted the confidentiality of the program’s registry and the limited enforcement approach (search warrants would be required for home inspections unless statutory conditions for affidavit-sharing were met).