CHAPTER 173
HB 1667-FN – FINAL VERSION
04/21/10 1362s
2010 SESSION
10/09
HOUSE BILL 1667-FN
AN ACT relative to possession of controlled substances obtained by valid prescription.
SPONSORS: Rep. Winters, Hills 17
COMMITTEE: Criminal Justice and Public Safety
This bill exempts persons acting as an authorized agent for a person holding a lawful prescription from the restriction on persons possessing and having control of controlled substances.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/21/10 1362s
10-2437
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to possession of controlled substances obtained by valid prescription.
Be it Enacted by the Senate and House of Representatives in General Court convened:
173:1 Controlled Drug Act; Prescription Drugs; Persons and Corporations Exempted. Amend RSA 318-B:15 to read as follows:
318-B:15 Persons and Corporations Exempted. The provisions of this chapter restricting the possession and having control of controlled drugs shall not apply to:
I. Common carriers or to warehousemen while engaged in lawfully transporting or storing such drugs, or to an employee of the same acting within the scope of his employment; or to public officers or their employees in the performance of their official duties requiring possession or control of controlled drugs; or to temporary incidental possession by employees or agents or persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties.
II. Persons possessing prescription drugs dispensed to them pursuant to a lawful prescription or who are acting as an authorized agent for a person holding a lawful prescription. For purposes of this section, an authorized agent shall mean any person, including but not limited to a family member or caregiver, who has the intent to deliver the prescription drug to the person to whom the prescription drugs are lawfully prescribed. This exemption does not extend to persons possessing drugs with an intent to sell.
173:2 Repeal. RSA 318-B:14, relative to authorized possession of controlled drugs by individuals, is repealed.
173:3 Effective Date. This act shall take effect January 1, 2011.
Approved: June 17, 2010
Effective Date: January 1, 2011