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The New Hampshire State Senate failed to override Governor John Lynch's veto of HB648, which would have allowed the limited use of marijuana for medicinal purposes. There is a report by the UL's Tom Fahey on their site.
The Senate was the stumbling block for backers of the bill, House Bill 648. Senators voted as they did in the spring 14-10 to override, but it takes 16 Senate for a two-thirds majority.
The override move succeeded in the House, which voted 240-115 to reject the veto, over the margin it needed.
In the light of recent policy and personnel changes at the US DoJ, as well as common sense, this seems slightly lame:
Opponents said the bill needs a more specific definition of what constitutes a debilitating medical condition.
(Also of note: the Sentinel came out today in favor of an override. - promoted by Dean Barker)
With several legislators still appearing to be undecided, the fight to pass a medical marijuana law in New Hampshire is coming right down to the wire. Now that the Obama administration has clarified its medical marijuana policy, and now that the U.S. attorney for New Hampshire has announced that his office will not prosecute patients under federal law, it's clear that a simple vote by the New Hampshire legislature is all that's necessary to protect seriously ill patients from arrest if their doctors recommend medical marijuana.
The House and Senate will cast their final votes this Wednesday, and it will only be necessary to gain two votes in the Senate to receive the 2/3 majorities that would be necessary for a veto override. (The House vote was 232-108, or 68%, and the Senate vote was 14-10).
Please click here to send a quick message to your legislators and visit NHCompassion.org to learn more. Perhaps most importantly, call your state senator!
The vote to override Lynch's veto
is next Thursday October 28th.
While the numbers look good in the House, we've been short two (for the two thirds required) in the Senate.
Betsi DeVries, who voted against medical marijuana, has been hearing from constituents. that effort must continue.
But there is reason to believe that Senator Deb Reynolds of Plymouth, who voted the right, compassionate way on the senate floor, is now being pressured by the governor to vote against the over-ride.
Reynolds and DeVries need to hear from you. And if you know people in their districts, that means the most, have them call.
The senators need to know their vote to override will cost them no votes in 2010; every poll shows a solid majority favors this compassionate legislation. Instead, by voting to over-ride they'll gain active supporters.
They need to know the momentum is real, especially after US Attorney General Holder and NH's US Attorney Kacavas say that if a state has a medical marijuana bill, patients will not be prosecuted. But there needs to be that state law in place!
Now is the time to call or email DeVries and Reynolds. Senator Reynolds is at 536-5553, Deborah.Reynolds@leg.state,nh.us, DeVries can be emailed at Besti.devries@leg.state.nh.us.
It is too bad the governor chose not to meet with patients. There are so many cases where this makes the difference between healing and dying.
Governor John Lynch's veto of the medical marijuana bill, 10 July 2009, in part:
I understand and empathize with the advocates for allowing medical marijuana use in New Hampshire. However, the fact remains that marijuana use for any purpose remains illegal under federal law. Therefore, if we are to allow its use in New Hampshire for medical purposes, we must ensure that we are implementing the right policy.
Today:
The Obama administration will not seek to arrest medical marijuana users and suppliers as long as they conform to state laws, under new policy guidelines to be sent to federal prosecutors Monday.
Two Justice Department officials described the new policy to The Associated Press, saying prosecutors will be told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state laws.
As I've said many times before, I'm a world class prude when it comes to illegal drugs. But even I can see that this as a no-brainer. And with the inclusion of New Hampshire on top of existing laws in Vermont and Maine, legislation allowing the seriously ill the ability to ease their pain would make northern New England's claim for leading the nation in common sense, progressive laws stronger still.
Obviously the battle for medical marijuana has just begun.
Many people are worried about one Democrat in a senate leadership position, who did vote for the medical marijuana but is disinclined to vote that way again.
I share the concern that one who voted for it may switch vote to "protect' the governor.
I want to maintain confidence in this senator who has long been a good friend.
I do not know why any may be so inclined.
Doesn't it bug you when elected officials place perceptions of their own political interest above what they know in their hearts and minds is the obvious right thing?
Senators who voted to allow NH citizens to get the healing they need from serious illnesses can easily see that Lynch's opposition is based on pure baloney and political gamesmanship and clearly is not based on the facts at all. He knows it and senators know it.
Blue Hampshire folks need to know we can not lose one senator; that person may be the vote that causes the over ride to fail.
The votes are there in the House and I have good reason to believe that with a little steady effort, the votes can also be there in the Senate. We must hold each and every one of the 14
senators who voted for compassion in this very tight bill. Make NH the 14th state to say patients are not criminals!
The Sunday state politics columns this week are mostly about Kelly Ayotte's bid for the Republican nomination for US Senate. Tom Fahey opens with a report about negotiations between the State Employees Association and the state. Lauren Dorgan's column is mostly about the Kelly Ayotte Senate bid saga, which also took up the lion's share of Kevin Landrigan's column.
There has been ample discussion here on BH of Ayotte's exploration of running for higher office.
OK fellow BHers, we have had our 24 hours to express our disappointment, anger and frustration with Governor Lynch's unacceptable veto of the medical marijuana bill.
Now is the time to take action!
The legislature won't return for at least two months before they return for "veto day" when votes will be taken to over ride the governor's vetoes.
So let's get to work!
Step One: Contact each House and Senate member, Democrat AND Republican, and get them to promise to vote to override and commit to attending session that day (whenever it is).
Step Two: Assess the members of the House and Senate and determine who are the likely members we can convince to override the veto.
Step Three: Determine a plan to reach out to each one of those members and obtain a promise for the vote.
Step Four: Reach out to individuals, organizations and the media (yes, the Union Leader too) to join us in the essential effort to override.
Step Five: Keep contacting all members of the legislature regularly to hold our votes and convince the others to join us.
Step Six: On veto day rally a thousand folks at the State House to show them the public is with them.
Step Seven: Nail down 16 votes in the senate and 267 votes in the House on the veto day and it becomes law.
By the authority vested in me, pursuant to part II, article 44 of the New Hampshire Constitution, on July 10, 2009, I vetoed HB 648-FN, an act relative to the use of marijuana for medicinal purposes.
Remember how you freaked when Gov.Lynch decided after the General Court and the State Senate had sent it to him, to actually take a look at the bill passed on to his desk on Marriage Equality? I heard on nhpr this evening @5pm that House Speaker Terry Norelli has signed the necessary paperwork to move Medical Marijuana to his desk, and Sylvia Larsen is about to sign also. The Secretary of State's office will soon send it to the Governor for action. Their story was about whether or not the provision for two ounces every 10 days for a patient to whom it is prescribed, was going to be the final number. There is no real indication if he will veto, sign it, or let it become law without his signature. The devil lays my loyal readers, in the details. I decided to research what the other states do and since it's easy I am throwing it down. I did a double take on CA Senate Bill 420. But of course I have eye issues. You know how poorly I type.
http://norml.org/index.cfm?Gro...
hyperlink to norml.org
below the break I have copied of a few state policy summaries from the Norml site.
New Hampshire...from the Nashua Telegraph Editorial Wed. JUly 1...
Since the bill originally passed the House of Representatives on a vote of 234-138 in March and the state Senate by a 14-10 margin in April, lawmakers have done everything the governor has asked to ease his reservations.
So now that both the House ( 232-108 ) and the Senate ( 14-10 ) gave their stamp of approval to the amended 21-page measure one week ago today, there is only one thing left for the governor to do when the bill finally reaches his desk.Sign it.
The Concord Monitor, Nashua Telegraph, Union-Leader, and Seacoast Online newspapers have all editorialized in favor of HB 648 this year. Today the Telegraph explicitly called for Governor Lynch's signature. The editorial speaks for itself:
Governor, the time has come to do the right thing. Supporters of this bill have done everything you have asked. There is only one thing left to do.
Sign the bill.
(Cornerstone strikes again. Thanks, Matt - this is interesting, indeed. - promoted by susanthe)
As Tom DeRosa reports at RedHampshire.com, today Cornerstone Policy Research publicly called on Governor Lynch to veto HB 648. In an email to the organization's action list, CPR executive director Kevin Smith is quoted saying: "We call on Governor Lynch to veto this bill because of the severe fiscal impact it will have on the state budget should it be signed in to law."
There have been rumors that Governor Lynch intends to veto the medical marijuana bill, but it's important to remember that these are just rumors. Lynch has promised he will study the bill more completely before making a decision, and supporters of HB 648 have to trust that he will do exactly that.
For the seriously ill patients who live in fear of being arrested and jailed by New Hampshire police, and for other patients who choose to suffer rather than break the law, the rumors are obviously cause for concern. However, if Governor Lynch listens to the same compelling evidence and testimony that convinced the House and Senate, we have to believe he will ultimately decide that the amended bill should pass into law.
Now that other state policy issues have been mostly settled, one way or another, please take a minute to read the latest news on HB 648 and express your opinion to Governor Lynch. Calls and emails DO make a difference, as all Blue Hampshirites are surely well aware!
The word has come down: the governor plans to veto the medical marijuana bill.
After making the committee jump through hoops and crafting an airtight bill, meeting each and every one of the eight stated concerns, Lynch has come up with a new one.
Never mind that 13 other states have much looser medical marijuana access laws, our governor says that federal law conflicts with the proposed compassion centers. Somehow the other states haven't had a problem.
The House and Senate will pass the greatly amended HB 648 tomorrow, and if there are enough votes to override, perhaps the governor will think twice.
Patients are not criminals! Don't force police to go into people's homes to arrest them when they can't even leave their homes!
Call your rep and senator in Concord Wednesday June 24th. The vote is today!
(Please take the time to contact your elected officials, and if you can be in Concord tomorrow, please attend the rally. The chronically and terminally ill people in our state deserve our compassion and our support. - promoted by susanthe)
If you believe seriously ill patients should be allowed safe, legal access to medical marijuana when their doctors recommend it, please help push HB 648 over its final hurdles. Votes to approve the amended bill are scheduled for tomorrow (Wednesday) in both chambers of the legislature, and a "Rally for Compassion" is scheduled for 8:15-9:45 in front of the state house.
The bill originally passed 234-138 in the House and 14-10 in the Senate. When Governor Lynch expressed a list of concerns to legislators, they steered the bill into a committee of conference, which worked hard to craft an amendment.
The bill no longer allows patients or caregivers to cultivate marijuana. Instead, three nonprofit compassion centers would be licensed and regulated by the state to produce and dispense medical marijuana to cardholding patients. With access now tightly controlled, patients are hopeful that the bill will earn even more support in the House and Senate. Any questions? (I know everybody on www.BlueHampshire.com knows how to email their legislators!)
The governor told legislators he had eight specific concerns with HB 648, the medical marijuana bill.
So the committee of conference worked hard and hammered out a new amended bill which answers each and every one of those concerns.
What they've come up with is the tightest medical marijuana bill of any state in the nation.
The vote on HB 648 is Wednesday June 24th.
Even though all his stated concerns have been answered, it is still not known what the governor will do.
The votes are there to pass both houses, and what's really needed now is for the governor to see veto-proof majorities. You can help.
Please call your senator and representative!
And thank House and Senate leadership for signing the Committee of Conference report and for their more-essential-than-ever support.
According to a report by Laura Dorgan in today's Concord Monitor, our governor has said he will veto HB 648, passed by solid votes in both the House and Senate.
It's clear to all who've followed the bill, AG Ayotte has no problem sweeping aside science.
And unfortunately, the governor appears to accept her word.
The weight of evidence is overwhelming. People with cancer and other serious illnesses can get the healing they would not get without medical marijuana.
Now would be a good time to call Governor Lynch's office (271-2121) and let him know that Kelly Ayotte doesn't know what she's talking about when the subject is medical marijuana. We need to keep generating calls and emails to the Governor's office in support of HB 648 until this bill's fate is ultimately decided.
And letters to the editor help a lot too.
And I thought since we got rid of Bush/Cheney, science was back.
Patients are not criminals! Please call the governor.
Before AG Kelly Ayotte signed her name to this letter (also read this response), her office was represented on this issue by Assistant AG Karin Eckel. Here's a video I made showing part of Eckel's testimony to the Senate Health and Human Services Committee. Watch and you'll have little trouble seeing why the committee was not convinced by her position.
(Credit to "Biker" Bill for the original video footage)
Prior to the Senate vote on medical marijuana, Sen. Jack Barnes argued that senators should oppose the bill because members of law enforcement are the true experts on marijuana and marijuana policy. He then read aloud a portion of this letter from AG Kelly Ayotte to senators.
The letter contains many false and misleading statements, so it is easy to see why the House and Senate were not convinced by the Attorney General's objections. If Ayotte's concerns are also Governor Lynch's concerns, then unfortunately the Governor is acting based on some very bad information. The following refutations (two-page version, seven-page version) should help.
If you are embarrassed that the attorney general of your state would send such an uninformed letter to senators, please call Governor Lynch's office at 271-2121 and tell him Kelly Ayotte is not an expert on medical marijuana!
(Note: the House and Senate have both passed HB 648 in different forms. The House would have agreed to the Senate's minor changes on Wednesday, but Governor Lynch indicated that he would veto the bill as written. Instead, legislators on the "committee of conference" will attempt to craft a compromise bill that Lynch won't veto.)
It appears Lynch may be believing the absurd nonsense put out by Ayotte on medical marijuana.
Understandibly the focus of late has been totally on equality of marriage rights, meantime a lot of seriously ill patients will remain criminalized if Lynch blocks the medical marijuana bill HB 648, as now seems likely.
Seriously ill patients lives are at stake.
The state does not require prescriptions or metered dosages for ginseng, St. John's Wort, or fish oil, and it would be absurd to require them for a simple, non-toxic plant that patients can cultivate for themselves at no cost to the state.
Please contact the governor to support HB 648 as passed. Access is tightly controlled, it is a remarkably tight bill.
Many peoples lives can be saved from wasting and the inability to stand chemo treatment.
Please ask the governor to support HB 648!