New Hampshire Governor Signs Medical Marijuana Expansion Bill Allowing More Providers To Recommend It To Patients

New Hampshire Gov. Chris Sununu (R) has signed into law a bill to expand the pool of healthcare professionals who can certify patients for the state’s medical marijuana program.

Sununu’s office announced on Friday that he’d signed SB 357, sponsored by Sen. Becky Whitley (D). The new law specifies that physician assistants, as well as any New Hampshire care provider “who is licensed to prescribe drugs to humans and who possesses an active registration from the United States Drug Enforcement Administration [DEA] to prescribe controlled substances,” may lawfully recommend medical cannabis to patients.

The measure requires that a certifying provider be “primarily responsible for the patient’s care related to his or her qualifying medical condition.”

“By responsibly expanding who can certify a patient for a therapeutic cannabis prescription, we will ensure that individuals who qualify to therapeutic cannabis will have further access to needed care,” Whitley told Marijuana Moment about the measure earlier this year. “Therapeutic cannabis has proven to help patients suffering from a number of health issues, and today we took a step forward in ensuring patients are able to access health care in the Granite State.”

Sununu did not issue a statement upon signing the legislation.

One other major medical marijuana expansion bill remains pending on the governor’s desk: HB 1278, from Rep. Wendy Thomas (D), a cancer survivor and medical marijuana patient. That bill would add to the state’s qualifying conditions for medical marijuana “any debilitating or terminal medical condition or symptom for which the potential benefits of using therapeutic cannabis would, in the provider’s clinical opinion, likely outweigh the potential health risks for the patient.”

“If the governor signs this bill, it opens up the therapeutic program to more residents of New Hampshire who could benefit from having access to cannabis medicine,” Thomas told Marijuana Moment in an email last month.

Earlier this month, Thomas told Marijuana Moment she’s “waiting on pins and needles” to see what happens with the bill.

The lawmaker said at a Senate committee earlier this year that cannabis has helped her manage chronic pain, insomnia, eating issues, gastrointestinal issues, PTSD and anxiety.

“I found relief from all of these symptoms,” she said, “some of which are not covered in the program.”

Earlier this month, Sununu signed a bill to add generalized anxiety disorder as a qualifying condition for medical marijuana. The governor vetoed separate legislation, however, that would have allowed medical marijuana businesses to open second cultivation locations, including in greenhouses.

As for more far-reaching reforms, lawmakers at the last minute this year narrowly shot down legislation that would have legalized marijuana for adults in the state. A recent poll released last showed 61 support for that bill among New Hampshire residents—just a few percentage points below the 65 percent support that respondents to a separate poll said they have for legalization generally.

Last month, House Democrats—including Howard, who sponsored the recently approved anxiety bill—tabled the measure, effectively killing it. Many said their opposition was based on the plan to legalize through a state-controlled franchise model, which would have given the state unprecedented sway over retail stores and consumer prices.

The move to table the legislation sparked accusations that politicians were using the issue to earn the party votes at the ballot box in November, but most who voted against the bill said they were opposed to the plan on its merits.

One reason some believe the vote to table could be especially consequential is because Sununu is not seeking re-election, and his replacement could significantly impact the likelihood of reform during the next legislative session.

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Two top Republican gubernatorial contenders, former U.S. Rep. Kelly Ayotte and former state Sen. Chuck Morse, have already said they would oppose the reform if elected.

New Hampshire lawmakers worked extensively on marijuana reform issues last session and attempted to reach a compromise to enact legalization through a multi-tiered system that would include state-controlled shops, dual licensing for existing medical cannabis dispensaries and businesses privately licensed to individuals by state agencies. The legislature ultimately hit an impasse on the complex legislation.

Bicameral lawmakers also convened the state commission tasked with studying legalization and proposing a path forward last year, though the group ultimately failed to arrive at a consensus or propose final legislation.

The Senate defeated a more conventional House-passed legalization bill last year, HB 639, despite its bipartisan support.

Last May, the House defeated marijuana legalization language that was included in a Medicaid expansion bill. The Senate also moved to table another piece of legislation that month that would have allowed patients and designated caregivers to cultivate up to three mature plants, three immature plants and 12 seedlings for personal therapeutic use.

After the Senate rejected the reform bills in 2022, the House included legalization language as an amendment to separate criminal justice-related legislation—but that was also struck down in the opposite chamber.

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