Revision: March 27, 2015, midnight
HB 593-FN - AS INTRODUCED
2015 SESSION
15-0241
01/04
HOUSE BILL 593-FN
AN ACT permitting qualifying patients and registered caregivers to cultivate cannabis for therapeutic use.
SPONSORS: Rep. Wright, Carr 8; Sen. Reagan, Dist 17
COMMITTEE: Health, Human Services and Elderly Affairs
This bill permits qualifying patients and registered caregivers to cultivate cannabis for therapeutic use.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0241
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT permitting qualifying patients and registered caregivers to cultivate cannabis for therapeutic use.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Use of Therapeutic Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, IV to read as follows:
IV. “Cultivation location” means a locked and enclosed site, under the control of the qualifying patient or designated caregiver who shall report the location to the department in accordance with the provisions of this chapter, or under the control of an alternative treatment center where cannabis is cultivated, secured with one or more locks or other security devices in accordance with the provisions of this chapter.
2 Use of Therapeutic Cannabis; Definitions. Amend RSA 126-X:1, VI to read as follows:
VI. “Designated caregiver” means an individual who:
(a) Is at least 21 years of age;
(b)(1) Has [agreed to assist with one or more (not to exceed 5) qualifying patient’s] agreed to assist in the therapeutic use of cannabis, excluding the cultivation of therapeutic cannabis, for up to 5 qualifying patients, except if the qualifying patient and designated caregiver each live greater than 50 miles from [the nearest] an alternative treatment center, [in which case] the designated caregiver may assist [with] in the therapeutic use of cannabis, excluding cultivation, for up to 9 qualifying patients; or
(2) Has agreed to cultivate cannabis for therapeutic use pursuant to this chapter for one qualifying patient, if the qualifying patient resides more than 30 miles from an alternative treatment center or if no alternative treatment centers are in operation in this state;
(c) Has never been convicted of a felony or any felony drug-related offense; and
(d) Possesses a valid registry identification card issued pursuant to RSA 126-X:4.
3 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, IX(a) to read as follows:
(a) “Qualifying medical condition” means the presence of:
(1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C currently receiving antiviral treatment, amyotrophic lateral sclerosis, muscular dystrophy, Crohn’s disease, agitation of Alzheimer’s disease, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, epilepsy, lupus, Parkinson’s disease, or one or more injuries that significantly interferes with daily activities as documented by the patient’s provider; and
(2) A severely debilitating or terminal medical condition or its treatment that has produced at least one of the following: dementia associated with Alzheimer’s disease, elevated intraocular pressure, cachexia, chemotherapy-induced anorexia, wasting syndrome, severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects, constant or severe nausea, moderate to severe vomiting, seizures, or severe, persistent muscle spasms.
4 New Paragraphs; Use of Cannabis for Therapeutic Purposes. Amend RSA 126-X:2 by inserting after paragraph II the following new paragraphs:
II-a. A qualifying patient shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or be denied any right or privilege for the therapeutic use of cannabis in accordance with this chapter, if the qualifying patient possesses, or cultivates if the qualifying patient resides more than 30 miles from an alternative treatment center or if no alternative treatment centers are in operation in this state, an amount of cannabis that does not exceed the following:
(a) If the qualifying patient does not have a designated caregiver, for the possession or cultivation, or both, of cannabis that occurs at the cultivation location reported to the department, or while transporting cannabis and cannabis plants and seedlings to a new cultivation location that has been reported to the department within the prior 21 days:
(1) Six ounces of usable cannabis;
(2) Any amount of unusable cannabis; and
(3) One flowering cannabis plant, one non-flowering cannabis plant not exceeding 12 inches in height, and 6 seedlings, with a total canopy of no more than 48 square feet.
(b) If the qualifying patient is not at a cultivation location reported to the department:
(1) One ounce of usable cannabis; and
(2) Any amount of unusable cannabis.
II-b. A designated caregiver shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or denied any right or privilege for the medical use of cannabis in accordance with this chapter on behalf of a qualifying patient if the designated caregiver possesses, or cultivates for a qualifying patient who resides more than 30 miles from an alternative treatment center or if no alternative treatment centers are in operation in this state, an amount of cannabis that does not exceed the following:
(a) If, at the cultivation location reported to the department, or while transporting cannabis and cannabis plants and seedlings to a new cultivation location that has been reported to the department within the prior 21 days:
(1) Six ounces of usable cannabis; and
(2) Any amount of unusable cannabis; and
(3) Two mature cannabis plants and 12 seedlings, with a total canopy of no more than 50 square feet.
(b) If not at a cultivation location reported to the department:
(1) One ounce of usable cannabis; and
(2) Any amount of unusable cannabis.
II-c. A qualifying patient or designated caregiver shall not be subject to arrest by state or local law enforcement or prosecution or penalty under state or municipal law for giving cannabis to a qualifying patient or a visiting qualifying patient where nothing of value is transferred in return, or for offering to do the same, if the person giving the cannabis does not knowingly cause the recipient to possess more cannabis than is permitted by this section.
II-d. Notwithstanding paragraph II-c, a designated caregiver may receive compensation not to exceed $500 per calendar year for costs, not including labor, associated with assisting a qualifying patient who has designated the designated caregiver to assist him or her with the therapeutic use of cannabis pursuant to RSA 126-X:1, VI. Such compensation shall not constitute the sale of a controlled drug pursuant to RSA 318-B.
5 New Subparagraph; Use of Cannabis for Therapeutic Purposes; Departmental Administration. Amend RSA 126-X:4, I by inserting after subparagraph (h) the following new subparagraph:
(i) A statement signed by the applicant consenting to random inspections of the cultivation location at the discretion of local public health officials. Such inspections may occur at least quarterly and shall be performed in the presence of the applicant during normal business hours.
6 New Subparagraph; Use of Cannabis for Therapeutic Purposes; Departmental Administration. Amend RSA 126-X:4, II by inserting after subparagraph (g) the following new subparagraph:
(h) A statement signed by the applicant consenting to random inspections of the cultivation location at the discretion of local public health officials. Such inspections may occur at least quarterly and shall be performed in the presence of the applicant during normal business hours.
7 Use of Cannabis for Therapeutic Purposes; Affirmative Defense. Amend RSA 126-X:5, I to read as follows:
I. It shall be an affirmative defense for any person charged with manufacturing, possessing, having under his or her control, selling, purchasing, prescribing, administering, transporting, or possessing with intent to sell, dispense, or compound cannabis, cannabis analog, or any preparation containing cannabis, if:
(a) The actor is a qualifying patient who has been issued a valid registry identification card, was in possession of cannabis in a quantity and location permitted pursuant to this chapter, and was engaged in the therapeutic use of cannabis; or
(b) The actor is a designated caregiver who has been issued a valid registry identification card was in possession of a cannabis in a quantity and location permitted pursuant to this chapter, and was engaged in the therapeutic use of cannabis on behalf of a qualifying patient; or
(c) The actor is a person with a qualifying medical condition who does not possess a registry identification card and, prior to the arrest, the actor submitted to the department a completed application to become a qualifying patient, including a written certification, but the actor had not yet received a registry identification card from the department; provided that:
(1) The actor does not possess more than the amount of cannabis permitted under RSA 126-X:2, II-a, if the cannabis is not on the actor’s property; or
(2) If the cannabis is on the actor’s property, the actor does not possess more than the amount of cannabis permitted under RSA 126-X:2, II-a, which shall be in a locked and enclosed location on the actor’s property; or
(d) The actor is a person with a qualifying medical condition who is not yet in possession of a valid registry identification card and is arrested or cited prior to the date on which the department begins accepting registry identification card applications if:
(1) The actor produces a written statement signed by a provider stating that in the provider’s professional opinion, after having completed a full assessment made in the course of a provider-patient relationship of at least 3 months duration, the actor has a qualifying medical condition. The 3-month requirement for the provider-patient relationship required in this subparagraph shall not apply if the provider issuing the written certification certifies that the onset of the patient’s qualifying medical condition occurred within the past 3 months and the certifying provider is primarily responsible for the patient’s care related to his or her qualifying medical condition; and
(2) The actor does not possess more than the amount of cannabis permitted under RSA126-X:2, II-a, if the cannabis is not on the actor’s property; or
(3) If the cannabis is on the actor’s property, the actor does not possess more than the amount of cannabis permitted under RSA 126-X:2, II-a, which shall be in a locked and enclosed location on the actor’s property.
8 Effective Date. This act shall take effect upon its passage.
LBAO
15-0241
Revised 03/13/15
HB 593-FN FISCAL NOTE
AN ACT permitting qualifying patients and registered caregivers to cultivate cannabis for therapeutic use.
FISCAL IMPACT:
The Departments of Safety, Health and Human Services, the Judicial Council, and New Hampshire Association of Counties state this bill, as introduced, may increase state and county expenditures and state revenue by an indeterminable amount in FY 2016 and each year thereafter. The Judicial Branch states the bill will have an indeterminable impact on state expenditures in FY 2016 and each year thereafter. There will be no fiscal impact on county and local revenue or local expenditures.
The Department of Corrections was contacted on 12/05/14 for a fiscal note worksheet, which the Department has not provided as of 03/12/15. We are unable to determine if this bill will have a fiscal impact on Department revenue and expenditures at this time.
METHODOLOGY:
The Department of Safety assumes the bill could increase problems associated with abuse of marijuana due to an increase in availability. The Department states fiscal any impact on state expenditures cannot be determined. The Department states there will be no fiscal impact on state revenue.
The Department of Health and Human Services states this bill would allow a qualifying patient or designated caregiver to cultivate a certain amount of therapeutic cannabis instead of receiving it from an alternative treatment Center. The qualifying patient or designated caregiver would be required to report the cultivation location to the Department, but the Department states it would not be required to do anything with the information such as conduct inspections of the cultivation location. The Department indicates, in accordance with RSA 126-X, the program is funded by fees, gifts, grants, and donations and no state general funds. The Department states any additional costs related to the expanded definition of qualifying medical condition will be offset by additional revenue from issuing additional registry identification cards.
The Judicial Council assumes an unknown number of qualifying patients will cultivate their own therapeutic cannabis within or about their homes and these sites will have less security and fewer controls than would alternative treatment centers. The Council assumes New Hampshire does not have the enforcement infrastructure to control, monitor and inspect the cultivation of marijuana by qualifying patients. The Council assumes these factors may lead to an increased level of crime including theft and burglary as people may attempt to acquire cultivated marijuana illegally. Theft can be prosecuted as a class A misdemeanor or as a felony and burglary is prosecuted as a felony. In addition, the Council assumes introducing a potentially significant supply of marijuana legally cultivated could increase the supply making it possible that more people come into illegal possession of controlled substance. Illegal possession of a controlled substance is a misdemeanor and illegal sale of or distribution is prosecuted as a felony. The Council states the bill has a potential to increase the number of class A misdemeanor and class B felony cases in which an indigent accused may see appointment of counsel to defend them at State expense. The Council indicates, under the statutory order of assignment contained in RSA 604-A:2, representation is provided in the first instance by the public defender program which provides over 85% of the indigent defense cases each year. The public defender program has capacity to absorb a modest number of additional cases without an increase in State appropriations. In instances where the public defender cannot provide representation due to conflict of interest, cases go to the alternate providers: the contract-counsel and the assigned-counsel systems. These alternate providers are paid on an hourly or unit basis so an increase in cases results in increased expenditures for the Judicial Council. Contract council are paid $275 for class A misdemeanors and $756 for class B felonies. In the assigned-council system, cases are billed at $60 per hour with caps of $1,400 for misdemeanors and $4,100 for felony cases. Defendants in these cases are ordered to repay a portion of these costs through the Office of Cost Containment.
The Judicial Branch states this bill would amend the medical marijuana law to expand the definition of qualifying medical condition, and permit a qualifying patient and a designated caregiver to cultivate marijuana up to certain limits. The Branch states expanding the definition of qualifying medical condition could result in additional cases. The Branch assumes allowing a qualifying patient and a designated caregiver to cultivate marijuana along with amendments to allow an affirmative defense to certain marijuana related offenses for a qualifying patient who does not possess a registry identification card could lead to fewer prosecutions for marijuana-related offenses. The Branch has no information on which to estimate how many fewer felonies for cultivating marijuana will be brought as a result of the bill, but does have information on the average cost of processing such cases in the trial court.
The Branch states the estimated average cost of a routine criminal case in the superior court will be $435 in FY 2016 and $453 in FY 2017. The Branch cannot determine how many fewer class A misdemeanor cases for possession of marijuana may result from this bill, but indicates the estimated average cost of a class A misdemeanor in the district division of the circuit court will be $69 in FY 2016 and $71 in FY 2017. The Branch states the average cost estimates for FY 2016 and FY 2017 do not include the cost of any appeals that may be taken following trial and are based on data that is more than nine years old in most cases, and over seven years old for clerical time in the superior court, and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.
The New Hampshire Association of Counties states this bill may increase county expenditures by an indeterminable amount. The Association states if more people are allowed to have cannabis the potential for abuse may result in increased arrests, prosecution costs, and incarceration costs.
The New Hampshire Municipal Association states this bill will have no fiscal impact on local revenue or expenditures.