HB1527 (2012) Detail

Exempting cultivation of marijuana from manufacturing under the controlled drug act.


HB 1527-FN – AS INTRODUCED

2012 SESSION

12-2448

08/04

HOUSE BILL 1527-FN

AN ACT exempting cultivation of marijuana from manufacturing under the controlled drug act.

SPONSORS: Rep. Cohn, Merr 6

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill exempts cultivation of marijuana from manufacturing under the controlled drug act.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2448

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT exempting cultivation of marijuana from manufacturing under the controlled drug act.

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

1 Definition; Cultivation of Marijuana. Amend RSA 318-B:1, XV to read as follows:

XV. “Manufacturer” means a person who, by compounding, mixing, cultivating, growing or other process, produces or prepares controlled drugs, but shall not mean a pharmacist who compounds controlled drugs to be sold or dispensed on prescription nor a person who cultivates or grows marijuana.

2 Effective Date. This act shall take effect January 1, 2013.

LBAO

12-2448

12/09/11

HB 1527-FN - FISCAL NOTE

AN ACT exempting cultivation of marijuana from manufacturing under the controlled drug act.

FISCAL IMPACT:

      The Judicial Branch, Judicial Council, New Hampshire Association of Counties, and Department of Corrections state this bill will have an indeterminable fiscal impact on state and county expenditures. There will be no fiscal impact on local expenditure, or state, county and local revenues.

METHODOLOGY:

    The Judicial Branch states this bill exempts anyone who cultivates or grows marijuana from the definition of “manufacturer” in the RSA 318-B:1, the Controlled Drug Act. Manufacturing marijuana is currently a felony level offense according to RSA 318-B:26. The branch expects the average cost of a routine criminal case in the superior court will be $384.84 in FY 2013 and $401.48 in FY 2014. The Branch has no information on which to estimate how many cases will no longer be prosecuted because of the proposed bill and therefore cannot determine the fiscal impact on expenditures. However, if he bill resulted in 26 fewer cases in FY 2013, the fiscal impact would be greater then $10,000 in savings.

    The Judicial Council states this bill will result in an indeterminable fiscal impact on state expenditures. The Council indicates while the bill is likely to reduce the number of felony drug cases from unlawful cultivation, it may result in an increase in thefts or assaults as farmers attempt to police their fields. The Council assumes the current felony charges which cost $756.24 on average could be replaced by new theft or assault charges at the misdemeanor level ($275), the felony level ($756.25) or even $2,282.50 for a first degree assault. The Council is not able to estimate the number of cases which would be avoided or the number of new cases that may result from this bill.

    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 affected. The Department states the average annual cost of incarcerating and individual in the general prison population for the fiscal year ending June 30, 2010 was $32,492. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2010 was $659.

    The New Hampshire Association of Counties states, to the extent fewer individuals are charged, convicted and sentenced to incarceration in a county correctional facility, the counties experience a decrease in expenditures. The Association is unable to determine the number of individuals who might not be charged, convicted or incarcerated as a result of this bill. The average annual cost to incarcerate an individual in a county correctional facility is approximately $35,000. There would be no impact on county revenue.

    The Department of Safety states this bill will have no fiscal impact. The Department assumes that although there may be a decrease in drug cases related to cultivation, there is no change to the possession laws and there would not be a reduction in the number of cases submitted to the lab for analysis.

Links

HB1527 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1527 Revision: 21560 Date: Dec. 19, 2011, midnight

Docket