CHAPTER 145
HB 1234 – FINAL VERSION
05Mar2008… 0363h
2008 SESSION
04/09
HOUSE BILL 1234
AN ACT establishing an affirmative defense to prosecution for a possession offense if a person has a lawful prescription for a controlled drug.
SPONSORS: Rep. Winters, Hills 17
COMMITTEE: Criminal Justice and Public Safety
This bill establishes an affirmative defense to prosecution for a possession offense if a person has a lawful prescription for a controlled drug.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05Mar2008… 0363h
08-2362
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT establishing an affirmative defense to prosecution for a possession offense if a person has a lawful prescription for a controlled drug.
Be it Enacted by the Senate and House of Representatives in General Court convened:
145:1 New Paragraph; Controlled Drug Act; Acts Prohibited. Amend RSA 318-B:2 by inserting after paragraph XIII the following new paragraph:
XIV. It shall be an affirmative defense to prosecution for a possession offense under this chapter that the person charged had a lawful prescription for the controlled drug in question or was, at the time charged, acting as an authorized agent for a person holding a lawful prescription. An authorized agent shall mean any person, including but not limited to a family member or caregiver, who has the intent to deliver the controlled drug to the person for whom the drug was lawfully prescribed.
145:2 Effective Date. This act shall take effect January 1, 2009.
Approved: June 6, 2008
Effective Date: January 1, 2009