HB1672 (2018) Detail

Prohibiting release of certain information relative to users of therapeutic cannabis to federal agencies.


HB 1672-FN - AS INTRODUCED

 

 

2018 SESSION

18-2203

01/04

 

HOUSE BILL 1672-FN

 

AN ACT prohibiting release of certain information relative to users of therapeutic cannabis to federal agencies.

 

SPONSORS: Rep. Dyer, Hills. 37; Rep. Stallcop, Ches. 4; Rep. Hynes, Hills. 21; Rep. Josephson, Graf. 11; Rep. McConnell, Ches. 12

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill requires a search warrant issued by a judge based upon probable cause for any federal request for information relative to users of therapeutic cannabis created  by the registry.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2203

01/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT prohibiting release of certain information relative to users of therapeutic cannabis to federal agencies.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Cannabis for Therapeutic Purposes; Search Warrant Required.  Amend RSA 126-X:4, XI(b)(4) to read as follows:

(4)  Requests by law enforcement officials under this section to the department pursuant to a sworn affidavit, search warrant, or court order, regardless of whether or not the name or address was found in the registry, shall be confidential under this chapter and exempt from disclosure under RSA 91-A.  Aggregate data relative to such requests may be made public if it does not contain any identifying information regarding the specific law enforcement request.  Requests by federal authorities for any information relative to users of therapeutic cannabis contained in the registry shall require a search warrant issued by a judge based on probable cause.

2  Effective Date.  This act shall take effect January 1, 2019.

 

LBAO

18-2203

11/8/17

 

HB 1672-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT prohibiting release of certain information relative to users of therapeutic cannabis to federal agencies.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

This bill would amend RSA 126-X:4, XI(b)(4) within the therapeutic use of marijuana laws, to provide that any requests by federal authorities for information on users of marijuana would require a search warrant issued by a judge based on probable cause.

 

The Judicial Branch has no information to estimate how many warrants may be sought as a result of this bill.  The Branch does have information on the estimated average cost of processing a warrant.  Based on the New Hampshire Judicial Needs Assessment done by the National Center for State Courts in 2005, the cost of a an average warrant request in the circuit court will be $72 in FY 2019 and $73 in FY 2020.  Warrant requests in the superior court are more costly and the average cost is estimated to be $279 in FY 2019 and $284 in FY 2020.  It should be noted that average case cost estimates for FY 2019 and FY 2020 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.  

 

The Department of Health and Human Services indicates this bill would have no fiscal impact on the Department.

 

AGENCIES CONTACTED:

Judicial Branch and Department of Health and Human Services

 

Links

HB1672 at GenCourtMobile

Action Dates

Date Body Type
Jan. 25, 2018 House Hearing
Feb. 21, 2018 House Exec Session
House Floor Vote
March 6, 2018 House Floor Vote
March 15, 2018 House Floor Vote
March 27, 2018 Senate Hearing
April 19, 2018 Senate Floor Vote

Bill Text Revisions

HB1672 Revision: 2227 Date: Nov. 13, 2017, 1:26 p.m.

Docket


April 19, 2018: Pending Motion Ought to Pass; 04/19/2018; SJ 13


April 19, 2018: Sen. Bradley Moved Laid on Table, MA, VV; 04/19/2018; SJ 13


April 19, 2018: Committee Report: Ought to Pass, 04/19/2018; SC 17


March 27, 2018: Hearing: 03/27/2018, Room 100, SH, 09:30 am; SC 14


March 21, 2018: Introduced 03/21/2018 and Referred to Judiciary; SJ 10


March 15, 2018: Ought to Pass: MA RC 313-18 03/15/2018 HJ 8 P. 11


: Special Order to 3/15/2018 Without Objection HJ 7 P. 49


March 6, 2018: Suspend House Rule 65 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/06/2018 HJ 6 P. 125


March 6, 2018: Committee Report: Ought to Pass for 03/06/2018 (Vote 13-5; RC) HC 9 P. 59


: Committee Report: Ought to Pass (Vote 13-5; RC)


Feb. 21, 2018: Executive Session: 02/21/2018 LOB 208


Jan. 25, 2018: Public Hearing: 01/25/2018 11:00 AM LOB 208


Jan. 3, 2018: Introduced 01/03/2018 and referred to Judiciary HJ 1 P. 19