Revision: April 22, 2010, midnight
HB 1667-FN – AS AMENDED BY THE SENATE
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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:
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.
2 Repeal. RSA 318-B:14, relative to authorized possession of controlled drugs by individuals, is repealed.
3 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2437
12/18/09
HB 1667-FN - FISCAL NOTE
AN ACT relative to possession of controlled substances obtained by valid prescription.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, 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. This bill will have no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill would repeal and reenact RSA 318-B:14 to require that controlled substances be obtained by a valid prescription or order of an authorized practitioner but would eliminate the requirements in the current version of RSA 318-B:14 concerning labeling and dispensing of containers of prescribed controlled drugs. This proposed bill has the potential to reduce the number of charges brought pursuant to RSA 318-B:14, thereby resulting in a savings to the judicial branch. The amount of the savings depends on the level of the offenses which would no longer be brought and on the number of them. Neither can be determined. Regarding the level of the offense, a violation of RSA 318-B:14 can be either a misdemeanor or a felony depending on the nature of the controlled substance involved. In a misdemeanor offense, it would likely be a class A misdemeanor. The cost to the Branch of an average class A misdemeanor charge in the district court is $51.14 in FY 2010 and beyond, without consideration of any salary increases or decreases that may occur. As for a felony offense, the cost to the Branch of an average routine felony case is $335.98 in FY 2010 and beyond, without consideration of any salary increases or decreases that may occur. Accordingly, for every class A misdemeanor or felony level offense not brought, there would be a savings to the Branch of the costs stated above. Regarding the number of offenses that may be saved by the proposed bill, Branch statistics show that from 1999 through June 30, 2008, 415 charges were brought for violations of RSA 318-B:14 in the district courts and 27 in the superior courts. This is an average of about 44 in the district courts and 3 in the superior courts annually. Charges in the district court would be misdemeanors, and those in the superior court would mostly be felonies. The Branch has no information regarding how many of these charges would no longer be brought because they were related to the requirements in the current
LBAO
10-2437
12/18/09
version of RSA 318-B:14 concerning labeling and dispensing of containers of prescribed controlled drugs. The exact fiscal impact cannot be determined at this time.
The Judicial Council states this bill may result in an indeterminable decrease in state general fund expenditures as the removal of the criminal penalty could potentially reduce the number of felony cases charged. This would save $756.25 per felony level offense that would usually be charged by a public defender or contract attorney, as well as the assigned counsel attorney fee is $60 per hour with a cap of $4,100 for a felony level offense. The exact fiscal impact cannot be determined at this time.
The New Hampshire Association of Counties states to the extent fewer individuals are convicted, and sentenced to incarceration, the counties may have decreased expenditures. The Association is unable to determine the number of individuals who might be impacted by the proposed bill. The average cost to incarcerate an individual in a county facility is $35,342 a year.
The Departments of Corrections, Health and Human Services, and Justice, and Board of Pharmacy state this bill will have no fiscal impact on the Departments or Board.