Revision: Nov. 13, 2017, 1:26 p.m.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
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.
18-2203
11/8/17
HB 1672-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| 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 | |||
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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