Revision: Jan. 30, 2017, 11:59 a.m.
HB 222 - AS INTRODUCED
2017 SESSION
17-0295
01/04
HOUSE BILL 222
AN ACT relative to the use of cannabis for therapeutic purposes.
SPONSORS: Rep. Stone, Rock. 1; Rep. Vose, Rock. 9
COMMITTEE: Health, Human Services and Elderly Affairs
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This bill makes certain changes to the law regarding use of cannabis for therapeutic purposes, including broadening the definition of "qualifying medical condition."
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0295
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to the use of cannabis for therapeutic purposes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, VIII and IX to read as follows:
VIII. "Provider-patient relationship'' means [at least a 3-month] a medical relationship between a licensed provider and a patient that includes an in-person exam, a history, a diagnosis, periodic assessment of the patient's use of cannabis, and a treatment plan appropriate for the licensee's medical specialty.
IX.(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, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, epilepsy, lupus, Parkinson's disease, Alzheimer's disease, ulcerative colitis, or one or more injuries that significantly interferes with daily activities as documented by the patient's provider; [and] or
(2) A chronic severely debilitating or terminal medical condition or its treatment that has produced at least one of the following: elevated intraocular pressure, cachexia, chemotherapy-induced anorexia, wasting syndrome, agitation of Alzheimer's disease, [severe] intractable or chronic 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, weakness impairing strength or ability, or symptoms progressing to such an extent as daily life activities are substantially limited; or
(3) Post-traumatic stress disorder as diagnosed by a qualified physician; or
(4) Opioid addiction or dependency as diagnosed by a qualified physician.
(b) The department may include a medical condition that is not listed in subparagraph (a) that the department determines, on a case by case basis, is [severely] debilitating or terminal, based upon the written request of a provider who furnishes written certification to the department.
2 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, XVII to read as follows:
XVII. "Written certification'' means documentation of a qualifying medical condition by a provider pursuant to rules adopted by the department pursuant to RSA 541-A for the purpose of issuing registry identification cards, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a provider-patient relationship [of at least 3 months in duration. The 3-month requirement for the provider-patient relationship required in this paragraph 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]. The date of issuance and the patient's qualifying medical condition, symptoms or side effects, the certifying provider's name, medical specialty, and signature shall be specified on the written certification.
3 Use of Cannabis for Therapeutic Purposes; Protections. Amend RSA 126-X:2, V to read as follows:
V. A valid registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows, in the jurisdiction of issuance, a visiting qualifying patient to possess cannabis for therapeutic purposes, shall have the same force and effect as a valid registry identification card issued by the department in this state, provided that[:
(a) The visiting qualifying patient shall also produce a statement from his or her provider stating that the visiting qualifying patient has a qualifying medical condition as defined in RSA 126-X:1; and
(b)] a visiting qualifying patient shall not cultivate or purchase cannabis in New Hampshire or obtain cannabis from alternative treatment centers or from a qualifying New Hampshire patient.
4 New Subparagraph; Use of Cannabis for Therapeutic Purposes; Advisory Council. Amend RSA 126-X:9, II by inserting after subparagraph (11) the following new subparagraph:
(12) The ability of a visiting qualifying patient to purchase cannabis from an alternative treatment center in New Hampshire.
5 Effective Date. This act shall take effect 60 days after its passage.