HB 1675-FN-A - AS INTRODUCED
2016 SESSION
\t16-2053
\t09/04
HOUSE BILL\t1675-FN-A
AN ACT\trelative to the legalization and taxation of marijuana.
SPONSORS:\tRep. Brewster, Merr. 21
COMMITTEE:\tCriminal Justice and Public Safety
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ANALYSIS
\tThis bill:
\tI. Legalizes the personal use of up to 2.2 pounds of marijuana by persons 18 years of age or older.
\tII. Authorizes the licensing of marijuana wholesale, retail, cultivation, and testing facilities.
\tIII. Imposes a tax on marijuana sold or transferred by a marijuana cultivation facility to a marijuana product manufacturing facility or to a retail marijuana store.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2053
\t09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the legalization and taxation of marijuana.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Chapter; Regulation of Marijuana. Amend RSA by inserting after chapter 318-E the following new chapter:
CHAPTER 318-F
REGULATION OF MARIJUANA
\t318-F:1 Definitions. In this chapter:
\t\tI. "Consumer" means a person 18 years of age or older who purchases marijuana or marijuana products for personal use by a person 18 years of age or older, but not for resale to others.
\t\tII. "Department" means the department of revenue administration.
\t\tIII. "Marijuana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. "Marijuana" shall not include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
\t\tIV. "Marijuana accessories" means any equipment, products, or materials of any kind which are used, intended for use, or designed for use for ingesting, inhaling, or otherwise introducing marijuana into the human body.
\t\tV. "Marijuana cultivation facility" means an entity licensed to cultivate, prepare, package, and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.
\t\tVI. "Marijuana establishment" means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store.
\t\tVII. "Marijuana product manufacturing facility" means an entity licensed to purchase marijuana and to manufacture, prepare, package, and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.
\t\tVIII. "Marijuana products" means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.
\t\tIX. "Marijuana testing facility" means an entity licensed to analyze and certify the safety and potency of marijuana.
\t\tX. "Retail marijuana store" means an entity licensed to purchase marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana products from marijuana product manufacturing facilities, and to sell marijuana and marijuana products to consumers.
\t318-F:2 Personal Use of Marijuana. If undertaken by a person 18 years of age or older, the following acts shall not be illegal under New Hampshire law or be a basis for seizure or forfeiture of assets under New Hampshire law:
\t\tI. Possessing, consuming, using, displaying, obtaining, purchasing, or transporting marijuana accessories, or marijuana in the amount of 2.2 pounds or less including up to 5 grams of hashish.
\t\tII. Possessing, growing, processing, or transporting no more than 6 marijuana plants, with 3 or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown.
\t\tIII. Transferring one ounce or less of marijuana and up to 6 immature marijuana plants to a person who is 18 years of age or older without remuneration.
\t\tIV. Transferring or selling marijuana seeds or up to 6 marijuana seedlings to marijuana cultivation facilities.
\t\tV. Assisting another person who is 18 years of age or older in any of the acts described in this section.
\t318-F:3 Restrictions on Personal Cultivation; Penalty.
\t\tI. No person who is 18 years of age or older shall cultivate marijuana plants except as provided in this section.
\t\tII. Marijuana plants shall not be cultivated in a location where the plants are subject to public view without the use of binoculars, aircraft, or other optical aids.
\t\tIII. A person who cultivates marijuana shall take reasonable precautions to ensure the plants are secure from unauthorized access. Cultivating marijuana in an enclosed, locked space to which unauthorized persons do not have access, or other similar security precautions, shall be prima facie evidence of reasonable precautions.
\t\tIV. Marijuana cultivation shall only occur on property the cultivator legally owns, leases, or controls, or with the consent of the person who legally owns, leases, or controls the property.
\t\tV. A person who violates this section shall be guilty of a violation and may be fined not more than $750.
\t318-F:4 Public Smoking of Marijuana Prohibited; Penalty.
\t\tI. No person shall smoke marijuana in a public place.
\t\tII. A person who violates this section shall be guilty of a violation and may be punished by a fine of not more than $100.
\t318-F:5 Lawful Operation of Marijuana-Related Facilities. If undertaken by a person 18 years of age or older, the following acts shall not be illegal under New Hampshire law or be a basis for seizure or forfeiture of assets under New Hampshire law:
\t\tI. Possessing, displaying, or transporting marijuana or marijuana products; obtaining or purchasing marijuana from a marijuana cultivation facility; obtaining or purchasing marijuana or marijuana products from a marijuana product manufacturing facility; or sale of marijuana or marijuana products to an adult who is 18 years of age or older, if the person conducting the activities described in this paragraph has obtained a current, valid license to operate a retail marijuana store or is acting in his or her capacity as an owner, employee, or agent of a licensed retail marijuana store.
\t\tII. Cultivating, harvesting, processing, packaging, transporting, displaying, or possessing marijuana; obtaining or purchasing marijuana seeds or seedlings from any adult 18 years of age or older; delivery or transfer of marijuana to a marijuana testing facility; selling or transferring marijuana that has not been processed into extracts, concentrates, or other preparations to a marijuana cultivation facility, a marijuana product manufacturing facility, or a retail marijuana store; or obtaining or purchasing marijuana from a marijuana cultivation facility, if the person conducting the activities described in this paragraph has obtained a current, valid license to operate a marijuana cultivation facility or is acting in his or her capacity as an owner, employee, or agent of a licensed marijuana cultivation facility.
\t\tIII. Packaging, processing, transporting, manufacturing, displaying, or possessing marijuana or marijuana products; delivery or transfer of marijuana or marijuana products to a marijuana testing facility; selling marijuana or marijuana products to a retail marijuana store or a marijuana product manufacturing facility; purchasing or obtaining marijuana from a marijuana cultivation facility; or purchasing or obtaining marijuana or marijuana products from a marijuana product manufacturing facility, if the person conducting the activities described in this paragraph has obtained a current, valid license to operate a marijuana product manufacturing facility or is acting in his or her capacity as an owner, employee, or agent of a licensed marijuana product manufacturing facility.
\t\tIV. Possessing, obtaining, cultivating, processing, repackaging, storing, transporting, displaying, transferring, or delivering marijuana or marijuana products if the person has obtained a current, valid license to operate a marijuana testing facility or is acting in his or her capacity as an owner, employee, or agent of a licensed marijuana testing facility.
\t\tV. Leasing or otherwise allowing the use of property owned, occupied, or controlled by any person, corporation, or other entity for any of the activities conducted lawfully in accordance with this section.
\t318-F:6 Marijuana Accessories Authorized.
\t\tI. It shall not be illegal under New Hampshire law or be a basis for seizure or forfeiture of assets under New Hampshire law for a person 18 years of age or older to manufacture, possess, or purchase marijuana accessories, or to distribute or sell marijuana accessories to a person who is 18 years of age or older.
\t\tII. A person who is 18 years of age or older may manufacture, possess, obtain, and purchase marijuana accessories, and may distribute, deliver, or sell marijuana accessories to a person who is 18 years of age or older.
\t318-F:7 Regulation of Marijuana.
\t\tI. Not later than July 1, 2016, the department shall adopt rules pursuant to RSA 541-A necessary for implementation of this chapter. Such rules shall include:
\t\t\t(a) Procedures for the issuance, renewal, suspension, and revocation of a license to operate a marijuana establishment.
\t\t\t(b) A schedule of application, licensing, and renewal fees, provided, application fees shall not exceed $1,000, adjusted annually for inflation.
\t\t\t(c) Qualifications for licensure that are directly and demonstrably related to the operation of a marijuana establishment.
\t\t\t(d) Security requirements for marijuana establishments.
\t\t\t(e) Establishing the number of each type of marijuana establishment license that will be issued, provided that:
\t\t\t\t(1) The total number of cultivation facility licenses shall not be less than 10.
\t\t\t\t(2) The number of retail marijuana stores shall be no fewer than one retail marijuana store for every 10 retail liquor stores, except that the number may be reduced by an amount that is proportionate to the population of any municipalities that do not allow retail marijuana stores within their borders.
\t\t\t\t(3) The total number of testing facilities shall not be less than 4.
\t\t\t\t(4) The department may establish the number of marijuana retail stores allowed in each county or municipality that has not prohibited marijuana retail stores or established a lower numerical limit on marijuana retail stores.
\t\t\t(f) Labeling requirements for marijuana and marijuana products sold or distributed by a marijuana establishment.
\t\t\t(g) Health and safety regulations and standards for the manufacture of marijuana products and the cultivation of marijuana.
\t\t\t(h) Restrictions on the advertising, signage, and display of marijuana and marijuana products, including restrictions to prevent marijuana from being marketed to minors.
\t\t\t(i) Restrictions on where marijuana establishments may be located, which shall include a prohibition such establishments being located within 1,000 feet of a school.
\t\tII. The department shall not require a consumer to provide a retail marijuana store with personal information, other than government-issued identification to determine the consumer's age, and a retail marijuana store shall not be required to acquire and record personal information about consumers other than information typically acquired in a financial transaction conducted at a retail liquor store.
\t318-F:8 Sales to Persons Under 18 Years of Age. The establishment of all the following facts by a retail marijuana store or an agent or employee of a retail marijuana store making a sale of marijuana or marijuana accessories to a person under the age of 18 shall constitute an affirmative defense to any prosecution for such sale:
\t\tI. That the person falsely represented in writing and supported by official documentation that he or she was 18 years of age or over;
\t\tII. That the appearance of the person was such that an ordinary and prudent person would believe him or her to be 18 years of age or over; and
\t\tIII. That the sale was made in good faith relying upon such written representation and appearance in the reasonable belief that the person was 18 years of age or over.
\t318-F:9 Proof of Purchaser's Identity.
\t\tI. For the purposes of RSA 318-F:8, any person making the sale of marijuana or marijuana accessories to any purchaser whose age is in question may accept any of the following documentation as proof that the purchaser is 18 years of age or over:
\t\t\t(a) A valid motor vehicle driver's license issued by the state of New Hampshire, or a valid driver's license issued by another state, or province of Canada, which bears the name, address, date of birth, and photograph of the purchaser.
\t\t\t(b) A valid identification card issued by the director of motor vehicles under the provisions of RSA 260:21, or any picture identification card issued by another state which bears the name, address, and date of birth of the purchaser.
\t\t\t(c) A valid armed services identification card showing the purchaser's name and date of birth.
\t\t\t(d) A valid passport from a country with which the United States maintains diplomatic relations showing the purchaser's name, address, and date of birth.
\t\tII. The appearance of the purchaser shall be consistent with the photographic identification presented under this section and the proof of identification shall be free of alteration, erasure, blemish, or other impairment.
\t318-F:10 Employers, Driving, Minors, and Control of Property.
\t\tI. Nothing in this chapter shall be construed to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees.
\t\tII. Nothing in this chapter shall be construed to permit driving or operating under the influence of drugs or liquor pursuant to RSA 265-A, nor shall this section prevent the state from enacting and imposing penalties for driving under the influence of or while impaired by marijuana.
\t\tIII. Nothing in this chapter shall be construed to permit the transfer of marijuana, with or without remuneration, to a person under the age of 18, or to allow a person under the age of 18 to purchase, possess, use, transport, grow, or consume marijuana.
\t\tIV. Nothing in this chapter shall prohibit a state or county correctional facility from prohibiting the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in the correctional facility's property.
\t\tV. Nothing in this chapter shall prohibit a person or other entity that legally owns, leases, or controls any property from prohibiting or otherwise regulating the sale, use, or growing of marijuana on or in the property.
\t2 New Chapter; Taxation of Marijuana. Amend RSA by inserting after chapter 77-G the following new chapter:
CHAPTER 77-H
TAXATION OF MARIJUANA
\t77-H:1 Definitions. In this chapter, the definitions set forth in RSA 318-F:1 shall apply.
\t77-H:2 Tax Imposed.
\t\tI. A tax shall be levied upon marijuana sold or otherwise transferred by a marijuana cultivation facility to a marijuana product manufacturing facility or to a retail marijuana store at a rate of $30 per ounce of marijuana or proportionate part thereof. The department shall collect such tax and adjust the rate annually to account for inflation or deflation based on the United States Department of Labor, Bureau of Labor Standards, Consumer Price Index.
\t\tII. The commissioner of the department of revenue administration shall quarterly pay to the state treasurer all tax revenues collected under this chapter for deposit into the education trust fund.
\t\tIII. The department shall adopt rules, pursuant to RSA 541-A relative to the procedures for collection of tax revenues under this chapter.
\t77-H:3 Administration.
\t\tI. Each application for a license to operate a marijuana establishment shall be submitted to the department. The department shall:
\t\t\t(a) Accept and process applications beginning on July 1, 2016;
\t\t\t(b) Immediately forward a copy of each application and half of the license application fee to the municipality in which the applicant desires to operate the marijuana establishment;
\t\t\t(c) Issue a license to the applicant between 45 and 90 days after receipt of an application unless the department finds the applicant is not in compliance with the requirements of this section or the department is notified by the relevant municipality that the applicant is not in compliance with an ordinance adopted pursuant to this section and in effect at the time of application, provided, where the department or a municipality has enacted a numerical limit on the number of marijuana establishments and a greater number of applicants seek licenses in such municipality, the department shall solicit and consider input from the municipality as to the municipality's preference for licensure; and
\t\t\t\t(1) Whether the applicant has experience operating as an alternative treatment center pursuant to RSA 126-X.
\t\t\t\t(2) The suitability of the proposed location, including compliance with any local zoning laws.
\t\t\t\t(3) The proposed marijuana establishment's plan for operations and whether it has sufficient capital to operate.
\t\t\t\t(4) The principal officers' and board members' character and relevant experience, including any training or professional licensing related to botany and their experience operating a nonprofit organization or business.
\t\t\t\t(5) The sufficiency of the applicant's plans for recordkeeping and inventory control.
\t\t\t\t(6) The sufficiency of the applicant's plans for safety and security, including proposed location and security devices employed.
\t\t\t\t(7) Whether the entity possesses or has the right to use land, buildings, and equipment sufficient to properly carry out its duties as a marijuana establishment.
\t\t\t\t(8) Any input provided by the municipality in which the applicant seeks to operate.
\t\tII. A municipality may enact an ordinance specifying the entity within the municipality that shall be responsible for reviewing applications submitted for a license to operate a marijuana establishment within the boundaries of the municipality.
\t\tIII. A municipality may enact an ordinance, consistent with this section, RSA 318-F, and any rules adopted, regulating the time, place, manner, and number of marijuana establishment operations.
\t\tIV. A municipality may enact an ordinance prohibiting or limiting the number of any type of marijuana establishment that may be permitted within the municipality.
\t3 Education Trust Fund. Amend RSA 198:39, I(k) to read as follows:
\t\t\t(k) Funds collected by the department of revenue administration and paid over to the state treasurer pursuant to RSA 77-H:2, II, relative to taxation of marijuana.
\t\t\t(l) Any other moneys appropriated from the general fund.
\t4 Controlled Drug Act; Definitions. Amend the introductory paragraph in RSA 318-B:1, X-a(k) to read as follows:
\t\t\t(k) Objects used or intended for use or customarily intended for use in ingesting, inhaling, or otherwise introducing [marijuana,] cocaine[, hashish, or hashish oil] into the human body, such as:
\t5 Controlled Drug Act; Penalties. Amend the introductory paragraph in RSA 318-B:26, I to read as follows:
\t\tI. Any person who manufactures, sells, prescribes, administers, or transports or possesses with intent to sell, dispense, or compound any controlled drug, controlled drug analog or any preparation containing a controlled drug, except as authorized in this chapter or as otherwise authorized by law; or manufactures, sells, or transports or possesses with intent to sell, dispense, compound, package or repackage (1) any substance which he or she represents to be a controlled drug, or controlled drug analog, or (2) any preparation containing a substance which he or she represents to be a controlled drug, or controlled drug analog, shall be sentenced as follows, except as otherwise provided in this section:
\t6 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(c)(5) to read as follows:
\t\t\t\t(5) Marijuana in a quantity of more than [one ounce or more] 2.2 pounds including any adulterants or dilutants, or hashish in a quantity of more than 5 grams [or more] including any adulterants or dilutants;
\t7 Controlled Drug Act; Penalties. Amend the introductory paragraph in RSA 318-B:26, II to read as follows:
\t\tII. Any person who knowingly or purposely obtains, purchases, transports, or possesses actually or constructively, or has under his control, any controlled drug or controlled drug analog, or any preparation containing a controlled drug or controlled drug analog, except as authorized in this chapter or as otherwise authorized by law, shall be sentenced as follows, except as otherwise provided in this section:
\t8 Controlled Drug Act; Penalties. Amend RSA 318-B:26, II(d) to read as follows:
\t\t\t(d) In the case of more than 2.2 pounds of marijuana, [including any adulterants or dilutants, or 5 grams or less of hashish] not including the weight of any ingredients combined with the marijuana, the person shall be guilty of a class A misdemeanor.
\t9 New Subparagraphs; Controlled Drug Act; Penalties. Amend RSA 318-B:26, II by inserting after subparagraph (d) the following new subparagraphs:
\t\t\t(e) In the case of a person under the age of 18 who possesses not more than 2.2 pounds of marijuana, or 5 grams of hashish, the person shall be guilty of a violation and fined not more that $100. The fine shall be suspended pending completion of a drug awareness course within 6 months of the violation. If the person fails to complete the course within the time allotted, the court shall impose the fine.
\t10 Model Drug Dealer Liability Act; Definitions. Amend RSA 318-C:4, I to read as follows:
\t\tI. "Illegal drug'' means any drug which is a schedule I-IV drug under RSA 318-B, the possession, use, manufacture, sale, or transportation of which is not otherwise authorized by law.
\t11 Repeal. The following are repealed:
\t\tI. RSA 318-B:1, X-a(g), relative to separation gins and sifters used or intended for use with marijuana.
\t\tII. RSA 318-B:26, I(d)(1), relative to the penalty for possession of up to one ounce of marijuana.
\t12 Effective Date. This act shall take effect July 1, 2016.
\t\t\t\t\t\t\t\t\t\t\t16-2053
\t\t\t\t\t\t\t\t\t\t\t12/23/15
HB 1675-FN-A- FISCAL NOTE
AN ACT\trelative to the legalization and taxation of marijuana.
FISCAL IMPACT:
The Department of Revenue Administration, Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, New Hampshire Municipal Association, Department of Health and Human Services, and Department of Safety state this bill, as introduced, will have an indeterminable fiscal impact on state, county, and local expenditures and will increase state education trust fund revenue and local revenue by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact to county revenue.
METHODOLOGY:
The Department of Revenue Administration states this bill legalizes and taxes the sale of marijuana in New Hampshire. The Department would be responsible to establish administrative rules for the licensing of marijuana establishments and administer the taxation of marijuana equal to $30 an ounce sold or transferred by a cultivation facility to a product manufacturing facility or a retail marijuana store. All revenue derived from the taxation of marijuana shall be deposited into the Education Trust Fund. The Department estimates this bill will annually generate the following amount of revenue:
Estimated Annual Additional Marijuana Tax Revenue | |
2014 NH Population Aged 18 or older according to the US Census Bureau | 1,059,672 |
2014 Marijuana Use in Past Year among Persons Aged 18 or older according to National Survey on Drug Use & Health | 21% |
Estimated Number of Individuals Purchasing Marijuana (18+ population * usage rate) | 223,167 |
Average Marijuana Consumption, per-year, per-individual according to Colorado Futures Center | 3.53 ounces |
Estimated Amount of Marijuana Consumed in NH Per Year (estimated user population * average consumption amount) | 787,779 ounces |
Tax Rate | $30 |
Estimated Additional Revenue (estimated consumed ounces * tax rate) | $23,633,370 |
Note: This revenue estimate does not include revenue derived from non-residents who travel to New Hampshire to purchase marijuana. | |
The Department of Revenue Administration would be responsible for the administration of licensing marijuana establishments, which includes accepting and processing applications and forwarding half the application fee to the municipality where the applicant intends to operate. The Department is unable to estimate the amount of additional licensing fees that would be collected by the State and distributed to the locals because it does not know how many businesses would apply for or how much the initial and renewal licensing fees would be. The Department states it would need additional positions to adopt rules, administer the taxation of marijuana, and issue initial and renewal licenses. The Department estimates it would need the following six new positions to implement the requirements of this bill:
Position | Number of New Positions | FY 2017 | FY 2018 | FY 2019 | FY 2020 |
Administrative Secretary (LG 14) | 1 | $56,000 | $58,000 | $61,000 | $64,000 |
Administrator III (LG 31) | 1 | $94,000 | $99,000 | $104,000 | $110,000 |
Tax Auditor (Unclassified CC) | 2 | $176,000 | $184,000 | $196,000 | $208,000 |
Attorney (Unclassified DD) | 2 | $180,000 | $190,000 | $202,000 | $214,000 |
Total | 6 | $506,000 | $531,000 | $563,000 | $596,000 |
The Office of Legislative Budget Assistant states this bill changes penalties that may have an impact on the New Hampshire judicial and correctional systems. This bill legalizes possessing up to 2.2 pounds of marijuana and five grams of hashish, possessing or growing up to six marijuana plants, and transferring up to one ounce of marijuana and up to six immature marijuana plants to a person eighteen years old or older without renumeration. Currently possession of any amount of marijuana and up to five grams of hashish is a class A misdemeanor, the manufacture or sale of marijuana is punishable by a felony, and manufacture, delivery, or possession with intent to deliver drug paraphernalia is an unspecified misdemeanor. An unspecified misdemeanor can be either class A or class B, the presumption being a class B misdemeanor. In lieu of the felony and misdemeanor offenses, this bill adds violation level offenses. There is no method to determine how many charges would not be or would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch, Department of Corrections, Judicial Council and New Hampshire Association of Counties have provided the Office with potential costs associated with the penalties being removed and added by this bill. See table below for average cost information:
| FY 2017 | FY 2018 |
Judicial Branch |
|
|
Violation Level Offense | $48 | $51 |
Class B Misdemeanor | $50 | $53 |
Class A Misdemeanor | $70 | $74 |
Routine Criminal Felony Case | $449 | $470 |
Appeals | Varies | Varies |
It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old 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. | ||
Judicial Council |
|
|
Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $785/Case | $785/Case |
Contract Attorney – Misdemeanor | $275/Case | $275/Case |
Assigned Counsel – Felony | $60/Hour up to $4,000 | $60/Hour up to $4,000 |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
Department of Corrections |
|
|
FY 2015 Average Cost of Incarcerating an Individual | $34,336 | $34,336 |
FY 2015 Average Cost of Supervising an Individual on Parole/Probation | $520 | $520 |
NH Association of Counties |
|
|
County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $85 to $110 | $85 to $110 |
The Judicial Branch states it cannot estimate how many fewer misdemeanors and felonies or how many more violations will be brought forward. Additionally, there may be an increase to the Branch's operational costs if individuals appeal tax decisions, involving the taxation of marijuana, to the supreme court.
The Judicial Council states to the extent there are fewer individuals charged with class A misdemeanors for possession of less than half an ounce of marijuana, fewer juveniles are charged for marijuana possession, and fewer individuals are charged with felony sale, manufacturing, or distribution of marijuana, state expenditures would decrease. Additional savings may occur as a result of appeals not filed to the Supreme Court which are charged at a rate of $2,000 per case. Further, Judicial Council expenditures may decrease if expert forensic, investigative or other services are not required.
The Department of Justice states this bill would cause it to redirect its Drug Task Force Unit's efforts from marijuana to other drugs which will not cause any fiscal impact to its operations. However, to the extent additional attorney counseling is required by state agencies, Department costs may increase.
The New Hampshire Municipal Association states this bill allows municipalities to authorize or prohibit marijuana establishments within the municipality. The Association states municipal expenditures may increase as a result of time spent reviewing applications for marijuana establishments. To the extent municipalities allow marijuana establishments to operate in their jurisdictions, local revenue will increase as a result of half the licensing fee revenue being directed to the municipalities. The Association states it is not clear as to whether law enforcement expenditures would increase or decrease as a result of the legalization of marijuana.
The Department of Health and Human Services states it cannot estimate what impact legalizing the personal use of marijuana would have on its budget or the budgets of counties and municipalities.
The Department of Safety states this bill will increase the number of driving under the influence (DUI) arrests and crashes. This could increase state, county, and local costs by indeterminable amounts as a result of increased DUI arrests and associated crash investigations.