HB92 (2007) Detail

Decriminalizing marijuana.


HB 92 – AS INTRODUCED

2007 SESSION

07-0430

04/01

HOUSE BILL 92

AN ACT decriminalizing marijuana.

SPONSORS: Rep. Weed, Ches 3; Rep. Ingbretson, Graf 5; Rep. Vaillancourt, Hills 15

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This act removes the criminal penalties for possession or use of marijuana.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0430

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT decriminalizing marijuana.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Controlled Drug Act; Definitions. Amend the introductory paragraph of RSA 318-B:1, X-a(k) to read as follows:

(k) Objects used or intended for use or customarily intended for use in ingesting, inhaling, or otherwise introducing [marijuana,] cocaine, hashish, or hashish oil into the human body, such as:

2 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(b)(6) to read as follows:

(6) [Marijuana in a quantity of 5 pounds or more including any adulterants or dilutants, or] Hashish in a quantity of one pound or more including any adulterants and dilutants;

3 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(c)(5) to read as follows:

(5) [Marijuana in a quantity of one ounce or more including any adulterants or dilutants, or] Hashish in a quantity of 5 grams or more including any adulterants or dilutants;

4 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(d)(1) to read as follows:

(1) [Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or] Hashish in a quantity of less than 5 grams including any adulterants or dilutants;

5 Controlled Drug Act; Penalties. Amend RSA 318-B:26, II(d) to read as follows:

(d) In the case of [marijuana, including any adulterants or dilutants, or] 5 grams or less of hashish, the person shall be guilty of a class A misdemeanor.

6 Model Drug Dealer Liability Act; Definitions. Amend RSA 318-C:4, V-VIII to read as follows:

V. “Level 1 offense” means possession of 1/4 ounce or more, but less than 4 ounces, or distribution of less than one ounce of an illegal drug [other than marijuana, or possession of one pound or more or 25 plants or more, but less than 4 pounds or 50 plants, or distribution of more than 1/2 pound but less than one pound of marijuana].

VI. “Level 2 offense” means possession of 4 ounces or more, but less than 8 ounces, or distribution of one ounce or more, but less than 2 ounces, of an illegal drug [other than marijuana, or possession of 4 pounds or more or 50 plants or more but less than 8 pounds or 75 plants or distribution of one pound or more but less than 5 pounds of marijuana].

VII. “Level 3 offense” means possession of 8 ounces or more, but less than 16 ounces, or distribution of 2 ounces or more, but less than 4 ounces, of an illegal drug [other than marijuana, or possession of 8 pounds or more or 75 plants or more, but less than 16 pounds or 100 plants, or distribution of 5 pounds or more but less than 10 pounds of marijuana].

VIII. “Level 4 offense” means possession of 16 ounces or more or distribution of 4 ounces or more of an illegal drug [other than marijuana, or possession of 16 pounds or more or 100 plants or more or distribution of 10 pounds or more of marijuana].

7 Wiretapping and Eavesdropping; Definitions. Amend RSA 570-A:1, XI to read as follows:

XI. “Organized crime” means the unlawful activities of the members of a highly organized, disciplined association engaged in supplying illegal goods and services, including but not limited to homicide, gambling, prostitution, narcotics[, marijuana] or other dangerous drugs, bribery, extortion, blackmail and other unlawful activities of members of such organizations.

8 Wiretapping and Eavesdropping; Authorization for Interception of Telecommunications or Oral Communication. Amend RSA 570-A:7 to read as follows:

570-A:7 Authorization for Interception of Telecommunications or Oral Communications. The attorney general, deputy attorney general, or a county attorney, upon the written approval of the attorney general or deputy attorney general, may apply to a judge of competent jurisdiction for an order authorizing or approving the interception of telecommunications or oral communications, and such judge may grant, in conformity with RSA 570-A:9, an order authorizing or approving the interception of telecommunications or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offenses as to which the application is made, when such interception may provide, or has provided, evidence of the commission of organized crime, as defined in RSA 570-A:1, XI, or evidence of the commission of the offenses of homicide, kidnapping, gambling, theft as defined in RSA 637, corrupt practices as defined in RSA 640, child pornography under RSA 649-A, computer pornography and child exploitation under RSA 649-B, criminal conduct in violation of the securities law, as defined in RSA 421-B:3, 421-B:4, 421-B:5, 421-B:19, and 421-B:24, criminal conduct in violation of the security takeover disclosure laws, as defined in RSA 421-A:3, 421-A:7, 421-A:8, 421-A:11, and 421-A:13, robbery as defined in RSA 636:1, arson as defined in RSA 634:1, hindering apprehension or prosecution as defined in RSA 642:3, tampering with witnesses and informants as defined in RSA 641:5, aggravated felonious sexual assault as defined in RSA 632-A:2, felonious sexual assault as defined in RSA 632-A:3, escape as defined in RSA 642:6, bail jumping as defined in RSA 642:8, insurance fraud as defined in RSA 638:20, dealing in narcotic drugs[, marijuana, ]or other dangerous drugs, hazardous waste violations under RSA 147-A:4, I, or any conspiracy to commit any of the foregoing offenses.

9 Repeal. RSA 318-B:1, X-a(g), relative to separation gins and sifters for cleaning or refining marijuana, is repealed.

10 Effective Date. This act shall take effect January 1, 2008.

Links

HB92 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB92 Revision: 11073 Date: Jan. 11, 2010, midnight

Docket