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Bill would let New Hampshire therapeutic dispensaries use hemp-derived, nonintoxicating cannabinoids

2766653 · March 25, 2025
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Summary

Supporters told the House Judiciary Committee that House Bill 51 would allow New Hampshire alternative treatment centers (ATCs) to buy federally legal hemp-derived, nonintoxicating cannabinoids such as CBD for use in therapeutic cannabis products, while opponents warned of legal uncertainty around sourcing and interstate transport.

House Bill 51 would permit alternative treatment centers in New Hampshire to obtain hemp-derived, nonintoxicating cannabinoids such as CBD from federally legal hemp producers and use them in products sold to registered therapeutic cannabis patients.

The bill’s sponsor, Representative Wendy Thomas (representing Merrimack), told the committee that HB 51 “would allow ATCs, which are alternative treatment centers, to buy non intoxicating cannabinoids from federally legal hemp producers and utilize them in some of the products that they use for patients in New Hampshire.” She emphasized the bill would not apply to hemp-derived THC products, “which are not legal in New Hampshire.”

Why it matters: Supporters say the change would reduce costs and expand patients’ access to CBD and other nonintoxicating cannabinoids that some patients prefer for conditions such as chronic pain, anxiety and seizures. The bill would also require DHHS oversight and testing: supporters stressed products would be tested for contaminants and cannabinoid profiles to maintain safety and consistency.

Proponents’ arguments and safeguards - Jerry Kurnirk, M.D., chair of the Therapeutic Cannabis Medical Oversight Board (TCMOB), said the board voted 7–0 to support HB 51 and described the practical reason for the change: “Because industrial hemp can be grown commercially just out in the field without the high level of security, it's a very good economical source for CBD and other non intoxicating cannabinoids.” Kurnirk said the bill would allow ATCs to purchase hemp-derived cannabinoids, have them formulated into concentrates or infused products, and sell them within New Hampshire. - Matt Simon of Granite Leaf Cannabis, an ATC operator, said ATCs already produce CBD-only and CBD‑ratio products and that buying lab‑tested hemp-derived cannabinoids would lower costs and let ATCs supply more CBD-rich products. - Dr. Joe Hannon and other medical witnesses urged the committee to treat hemp-derived cannabinoids used in the therapeutic program with the same testing and labeling standards used for ATC products, calling it a consumer-protection measure.

Opposition and legal concerns - Pat Sullivan, representing the New Hampshire Association of Chiefs of Police, said chiefs were concerned about interstate transportation and that the proposal seemed like an expansion of marijuana legalization efforts. - Sue Hamala of Smart Approaches to Marijuana (SAM) urged caution, citing legal complexity around the federal 2018 Farm Bill and a 2022 DEA letter about seeds. She warned that New Hampshire does not have a USDA-approved state hemp plan and urged alignment of state definitions with federal law before changing statute.

Key provisions mentioned in testimony - The bill would expand the statutory definition of “cannabis” within the therapeutic cannabis program to include nonintoxicating cannabinoids derived from industrial hemp (THC ≤ 0.3%). - Supporters said the bill would require testing for contaminants and cannabinoid profiles and would prohibit use of hemp-derived products containing more than 0.3% THC on a dry weight basis.

Record of institutional support and procedural status reported in testimony - The Therapeutic Cannabis Medical Oversight Board (TCMOB) reported a 7–0 vote in support of HB 51. - Jerry Kurnirk stated HB 51 “passed the house” and that the House Health, Human Services and Elderly Affairs Committee (HHSCA) had a 17–0 vote in favor (as described in his testimony).

What remained unsettled in the hearing - Law-enforcement witnesses and some witnesses warned about unresolved questions concerning interstate sourcing, the USDA state plan for hemp, and whether the state definitions align with federal terms. Supporters repeatedly said the bill was limited to nonintoxicating cannabinoids and that interstate transport would be limited to federally legal hemp (≤0.3% THC).

Looking ahead: The testimony closed with the sponsor and supporters urging passage and opponents urging further legal alignment and oversight steps before statutory change.