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1 Controlled Drug Act; Penalties. Amend RSA 318-B:26, II(a)-(b) to read as follows:
(a) In the case of a controlled drug or its analog, classified in schedules I, II, III, or IV, other than those specifically covered in this section, the person shall be guilty of a class B felony class B misdemeanor, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of not more than $25,000 may be imposed. If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person shall be guilty of a class A felony class A misdemeanor, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of up to $50,000 may be imposed.
(b) In the case of a controlled drug or its analog classified in schedule V, the person shall be sentenced to a maximum term of imprisonment of not more than 3 years, a fine of fined not more than $15,000, or both. If a person commits any such violation after one or more prior offenses as defined in RSA 318-B:27, such person shall be guilty of a class B felony class A misdemeanor, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of not more than $25,000 may be imposed.
2 Controlled Drug Act; Penalties. Amend RSA 318-B:26, VIII to read as follows:
VIII. Any person who knowingly or purposely obtains or purchases (1) any substance which he represents to be a controlled drug or controlled drug analog, or (2) any preparation containing a substance which he represents to be a controlled drug or controlled drug analog, except as authorized in this chapter, shall be guilty of a class B misdemeanor. If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person shall be guilty of a class B felony class A misdemeanor.
3 Controlled Drug Act; Penalties. Amend RSA 318-B:26, IX-a to read as follows:
IX-a. A qualifying patient or designated caregiver as defined in RSA 126-X:1 who sells cannabis to a person who is not a qualifying patient or a designated caregiver shall be guilty of a class B felony and shall be sentenced to a maximum term of imprisonment of not more than 7 years, a fine of not more than $300,000, or both class A misdemeanor.
4 Effective Date. This act shall take effect January 1, 2019.
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1 Controlled Drug Act; Penalties. Amend RSA 318-B:26, II(a)-(b) to read as follows:
(a) In the case of a controlled drug or its analog, classified in schedules I, II, III, or IV, other than those specifically covered in this section, the person shall be guilty of a class B misdemeanor, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of not more than $25,000 may be imposed. If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person shall be guilty of a class A misdemeanor, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of up to $50,000 may be imposed.
(b) In the case of a controlled drug or its analog classified in schedule V, the person shall be fined not more than $15,000. If a person commits any such violation after one or more prior offenses as defined in RSA 318-B:27, such person shall be guilty of a class A misdemeanor, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of not more than $25,000 may be imposed.
2 Controlled Drug Act; Penalties. Amend RSA 318-B:26, VIII to read as follows:
VIII. Any person who knowingly or purposely obtains or purchases (1) any substance which he represents to be a controlled drug or controlled drug analog, or (2) any preparation containing a substance which he represents to be a controlled drug or controlled drug analog, except as authorized in this chapter, shall be guilty of a class B misdemeanor. If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person shall be guilty of a class A misdemeanor.
3 Controlled Drug Act; Penalties. Amend RSA 318-B:26, IX-a to read as follows:
IX-a. A qualifying patient or designated caregiver as defined in RSA 126-X:1 who sells cannabis to a person who is not a qualifying patient or a designated caregiver shall be guilty of a class A misdemeanor.
4 Effective Date. This act shall take effect January 1, 2019.