New Hampshire Senate Judiciary Committee Moves to Kill HB 186 Marijuana Legalization Bill

10 February 2026

New Hampshire’s latest push to legalize recreational marijuana is running into familiar resistance in the Senate.

On Tuesday in February 2026, the Senate Judiciary Committee voted 2-1 to recommend that HB 186, a sweeping bill to legalize, regulate, and tax cannabis, be labeled “inexpedient to legislate.” That designation is effectively a recommendation to kill the bill, though the full Senate can still take a floor vote and reverse the committee’s call.

HB 186 cleared the New Hampshire House on January 7. The bill passed by a wide margin and moved to the Senate with supporters arguing it is the most developed legalization framework the state has considered in years.

Rep. Jared Sullivan of Bethlehem, the bill’s sponsor, told senators the proposal provides “a really good framework” for a regulated cannabis market. He said the bill does not rely on a state-run liquor store model, an approach that has come up in earlier New Hampshire debates. Instead, it would establish an independent licensing system and a Cannabis Commission that would do much of the rulemaking.

Under HB 186, adults 21 and older could legally possess up to 2 ounces of cannabis flower, 10 grams of concentrates, and products containing up to 2 grams of THC. Adults could grow six plants at home, with up to three mature at a time. The bill would also vacate certain past cannabis possession convictions and set non-discrimination protections connected to areas such as access to medical care, public benefits, child custody, and government employment.

The regulatory structure is detailed. HB 186 would create a Cannabis Commission and a Cannabis Advisory Board, license cultivation sites, manufacturers, testing labs, and retailers, and set rules for advertising, packaging, and product safety. It would prohibit public consumption and specify that the odor of cannabis alone is not grounds for a search. The bill also includes language on transitioning the existing therapeutic cannabis program and allowing dual-use certificates for current alternative treatment centers to operate within a legalized system.

The tax design is also central to the proposal. HB 186 would impose an 8.5 percent tax on recreational cannabis sales, described as an 8.5 percent “rooms and meals tax and cannabis” tax in committee discussion. Revenue would be split among program administration, municipalities, substance misuse programs, public safety agencies, and the state general fund.

Local control is built in. Communities would vote in local referendums on whether to allow retail cannabis sales, and Sullivan told senators the bill does not cap dispensary permits statewide. He argued limits could invite corruption, while zoning and local votes would shape where businesses could open. He gave a practical example, saying a vacant commercial storefront such as a closed Dollar General could become a dispensary, but a private basement would not automatically qualify as a retail shop.

Opponents on the Senate Judiciary Committee framed their objections in terms of potential spillover effects. Sen. Daryl Abbas said he was concerned about unintended consequences tied to property values. In executive session discussion, he described commercial real estate values as linked to income and suggested certain business mixes can deter other tenants. Sen. William Gannon said he had “seen enough,” and he and Abbas voted to recommend killing the bill. Sen. Debra Altschiller, the committee’s lone vote against that recommendation, criticized how quickly the decision was made, saying the bill was before them for “a hot second.”

Border economics came up too. Committee discussion included concern about “miracle miles of marijuana” along state lines, the idea that dispensaries could cluster near borders to draw out-of-state buyers. Supporters noted that the reverse dynamic already exists, with New Hampshire residents driving to buy cannabis in other states. One former state representative, Sue Homola, testified that the only provision she considered necessary would prevent out-of-state dispensaries from advertising in New Hampshire, citing advertising near Ossipee for a Maine dispensary.

Advocates who backed HB 186 stressed the difference between regulation and prohibition. Karen O’Keefe of the Marijuana Policy Project argued in written testimony that legalization enables controls such as ID checks, lab testing, and child-resistant packaging, while prohibition leaves consumers exposed to unregulated products.

Even if HB 186 survives a Senate floor vote, it still faces a major political hurdle. Gov. Kelly Ayotte has threatened to veto any marijuana legalization bill that reaches her desk, and she has said her position would not change even if the federal government rescheduled cannabis. The sources also note that President Donald Trump has directed the attorney general to complete a process to move cannabis from Schedule I to Schedule III under federal law.

HB 186 is one of multiple cannabis proposals filed for the 2026 session. Another House measure from Rep. Jonah Wheeler would pursue a constitutional amendment to put legalization before voters, a route that would not require gubernatorial approval. Separately, the Senate Judiciary Committee has considered a bill from Sen. Donovan Fenton with higher legal possession limits than HB 186.

For New Hampshire residents, the near-term reality is that legalization remains uncertain. The House has again advanced a broad legalization plan, but the Senate’s early move suggests the state’s long-running split between chambers is still shaping the outcome.