CHAPTER 72
SB 234 – FINAL VERSION
03/27/14 1061s
2014 SESSION
04/10
SENATE BILL 234
AN ACT relative to procedural changes in the law governing therapeutic use of cannabis.
SPONSORS: Sen. Reagan, Dist 17; Sen. Woodburn, Dist 1; Rep. Wright, Carr 8; Rep. LeBrun, Hills 32
COMMITTEE: Health, Education and Human Services
This bill modifies requirements for submitting a criminal history records check to the division of state police and for rendering a decision on a designated caregiver’s application, and repeals a provision requiring information submitted to an alternative treatment center regarding the locations where cannabis is proposed to be grown, cultivated, or harvested to be confidential.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/27/14 1061s
14-2652
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to procedural changes in the law governing therapeutic use of cannabis.
Be it Enacted by the Senate and House of Representatives in General Court convened:
72:1 New Paragraph; Use of Cannabis for Therapeutic Purposes; Criminal Records Check. Amend RSA 126-X:4 by inserting after paragraph II the following new paragraph:
II-a. In addition to the information required pursuant to paragraph II, the department shall also receive results of a criminal history records check from the division of state police. A person applying to be a designated caregiver shall submit directly to the department of safety a notarized criminal history records release form, as provided by the New Hampshire division of state police, authorizing the release of his or her criminal history record, if any, to the department. The applicant shall submit with the release form a complete set of electronic fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid for whatever reason, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years. The division of state police shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall submit a copy of the criminal history records to the department. The department shall maintain the confidentiality of all criminal history records information received pursuant to this section. The applicant shall bear the cost of a criminal history records check.
72:2 Use of Cannabis for Therapeutic Purposes; Departmental Administration. Amend RSA 126-X:4, III to read as follows:
III. The department shall verify the information contained in an application or renewal submitted pursuant to this section. The department shall approve or deny an application or renewal for a qualifying patient within 15 days of receipt of the application. The department shall approve or deny an application or renewal to serve as a designated caregiver within 15 days of receipt of the application and the criminal history records check results. The department may deny an application or renewal only if the applicant did not provide the information required pursuant to this section, or if the applicant previously had a registry identification card revoked for violating the provisions of this chapter or rules adopted by the department, or if the department determines that the information provided was falsified or did not meet the requirements of this chapter or rules adopted by the department. The department shall notify an applicant of the denial of an application. An applicant who is aggrieved by a department decision may request an administrative hearing at the department.
72:3 Use of Cannabis for Therapeutic Purposes; Alternative Treatment Centers. Amend the introductory paragraph in RSA 126-X:8, IV(a) to read as follows:
(a) An alternative treatment center shall conduct a state and federal criminal records check for every person seeking to become a principal officer, board member, agent, volunteer, or employee before the person begins working at the alternative treatment center pursuant to [RSA?126-X:4, II(g)] RSA 126-X:4, II-a. An alternative treatment center shall not allow any person to be an alternative treatment center agent who:
72:4 Repeal. The following are repealed:
I. RSA 126-X:7, VI, relative to departmental administration of alternative treatment centers.
II. RSA 126-X:4, II(g), relative to criminal history records checks for designated caregivers.
72:5 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 27, 2014
Effective Date: July 26, 2014