Revision: March 27, 2014, midnight
SB 234 – AS INTRODUCED
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 inserts deadlines 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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:
1 Use of Cannabis for Therapeutic Purposes; Departmental Administration. Amend RSA 126-X:4, II(g) to read as follows:
(g) A notarized criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the department. The applicant shall submit with the release from a complete set of 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 due to insufficient pattern, 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 department shall submit the criminal history records release form and fingerprint form within 5 business days to the division of state police which 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 release copies 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 record check.
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.
3 Repeal. RSA 126-X:7, VI, relative to departmental administration of alternative treatment centers, is repealed.
4 Effective Date. This act shall take effect 60 days after its passage.