Revision: March 11, 2010, midnight
HB 1653-FN – AS AMENDED BY THE HOUSE
10Mar2010… 0644h
2010 SESSION
04/09
HOUSE BILL 1653-FN
AN ACT decriminalizing possession of one quarter of an ounce or less of marijuana.
SPONSORS: Rep. Lindsey, Ches 3
COMMITTEE: Criminal Justice and Public Safety
This bill provides that any person who possesses 1/4 of an ounce of marijuana or less shall be guilty of a violation and shall be subject to a fine of up to $200.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10Mar2010… 0644h
10-2639
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT decriminalizing possession of one quarter of an ounce or less of marijuana.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Controlled Drug Act; Personal Possession of Small Amounts of Marijuana. Amend RSA 318-B by inserting after section 2-b the following new section:
318-B:2-c Personal Possession of Small Amounts of Marijuana.
I. Any person possessing 1/4 ounce or less of marijuana, including any adulterants or dilutants, for personal use, shall be guilty of a violation.
II.(a) Any person 18 years of age or older who is in possession of 1/4 ounce or less of marijuana, including any adulterants or dilutants, and who engages in any conduct prohibited under RSA 318-B:2 shall be guilty of a violation and subject to a fine not to exceed $200 and forfeiture of the marijuana.
(b) Any person under 18 years of age who is in possession of 1/4 ounce or less of marijuana, including any adulterants or dilutants, and who engages in any conduct prohibited under RSA 318-B:2 shall be guilty of a violation and subject to a fine not to exceed $200 and forfeiture of the marijuana. The offender’s parents or legal guardians shall be notified of the offense. The court shall order the offender to complete an approved drug awareness program, at the offenders expense, within one year of the date of the offense. Further, the court shall order the offender to participate in community service which shall be completed within one year of the date of the offense. The offender shall furnish the court with evidence of completion of both an approved drug awareness program and community service. An offender who fails to complete either a drug awareness program or community service, or both, shall be subject to a fine of $1,000.
2 Controlled Drug Act; Penalties. Amend RSA 318-B:26, II(d) to read as follows:
(d) In the case of marijuana in a quantity of 1/4 ounce or less, including any adulterants or dilutants[, or], the person shall be guilty of a violation. In the case of 5 grams or less of hashish, the person shall be guilty of a class A misdemeanor.
3 Controlled Drug Act; Penalties. Amend RSA 318-B:26, III(a) to read as follows:
(a) Controls any premises or vehicle where he knows a controlled drug or its analog is illegally kept or deposited, provided that this subparagraph shall not apply if the controlled drug is 1/4 ounce or less of marijuana as provided in RSA 318-B:2-c;
4 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2639
12/16/09
HB 1653-FN - FISCAL NOTE
AN ACT decriminalizing possession of one quarter of an ounce or less of marijuana.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, Department of Corrections and New Hampshire Association of Counties state this bill may decrease state and county expenditures by an indeterminable amount in FY 2011 and each year thereafter. The Judicial Branch states this bill may decrease state general fund revenue by an indeterminable amount in FY 2011 and each year thereafter. There is no fiscal impact on local expenditures or county and local revenue.
METHODOLOGY:
The Judicial Branch states this bill adds RSA 318-B:2-c to provide that no one will be prosecuted for possessing up to one-quarter ounce of marijuana for personal use. The bill also decreases the penalty for possessing up to one-quarter ounce of marijuana from a class A misdemeanor to a violation offense with fines up to $400 and forfeiture of the marijuana. The Branch states this will result in a cost savings per case of $15.06 in FY 2011 and each year thereafter. The Branch also states state general fund revenue may decrease as fines related to drug offenses go to the general fund. The fines associated with a class A misdemeanor may be assessed up to $2,000, this bill will limit the fines to $400.
The Judicial Council states this bill may decrease expenditure of indigent defense funds by an indeterminable amount. The Council indicates many police departments do not criminally charge individuals for the possession of small amounts of marijuana and suggests the cost savings for the possession of .25 ounces or less of marijuana may be limited.
The Department of Corrections states it is not able to determine the fiscal impact of this bill because it does not have sufficient detail to predict the number of individuals who would be subject to this legislation and thus avoid incarceration in the State’s prisons. The Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2009 was $33,110. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2009 was $744.
The New Hampshire Association of Counties states to the extent fewer individuals are incarcerated in county facilities; county expenditures may decrease by an indeterminable amount. The average annual cost to incarcerate an individual in a county correctional facility is $35,342.