Revision: Jan. 30, 2017, 8:12 a.m.
HB 377 - AS INTRODUCED
2017 SESSION
17-0152
03/04
HOUSE BILL 377
AN ACT relative to marijuana sales.
SPONSORS: Rep. Hunt, Ches. 11
COMMITTEE: Commerce and Consumer Affairs
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This bill grants the liquor commission exclusive authority to sell marijuana for recreational use if it is not otherwise prohibited by the laws of this state.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0152
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to marijuana sales.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Commission to Sell. Amend RSA 176:11, I to read as follows:
I. It shall be the duty of the commission to buy and have in its possession liquor for sale in the manner provided in this title. If the sale of marijuana for recreational use is not otherwise prohibited by the laws of this state, it shall be the duty of the commission to buy and have in its possession marijuana for sale in the manner provided in this title. The commission shall be the exclusive retail seller of marijuana, except as provided in RSA 126-X. Such liquors and marijuana shall be free from adulteration and misbranding within the meaning of the provisions of RSA 146. All liquors sold for medicinal use shall conform to the standards and tests for such liquors as laid down in the United States Pharmacopoeia, official at the time of sale. All purchases of liquor and marijuana shall be made by the commission directly and not through the department of administrative services. The commission shall be subject to all the provisions so far as applicable of RSA 9.
2 Revenue. Amend RSA 176:16, I to read as follows:
I. Except as provided in paragraph II, the state treasurer shall credit all gross revenue derived by the commission from the sale of liquor and marijuana, or from license fees, and interest received on such moneys, to a special fund, to be known as the liquor commission fund, from which the treasurer shall pay all expenses of the commission incident to the administration of this title. Any balance left in such fund after such expenses are paid shall be deposited in the general fund on a daily basis.
3 Purchases by the Liquor Commission. Amend RSA 176:17 to read as follows:
176:17 Purchases by the Liquor Commission. The liquor commission shall purchase all liquor, wine, [and] beverages, and marijuana from primary sources. For the purposes of this title, primary source means the manufacturer or producer, whether or not it is within the state. If a primary source is not available, the commissioner may, if he or she feels it is in the best interests of the state, allow an exemption and shall explain why such exemption has been allowed.
4 Packages. Amend RSA 177:7 to read as follows:
177:7 Packages. All liquor and marijuana sold in state stores shall be sold for consumption off the premises. Such liquor and marijuana shall be in packages containing such quantity as the commission shall prescribe. The commission is authorized to prescribe the form of bottle and package and to bottle such liquor as it may deem necessary and proper. The price of all liquor or marijuana sold shall be sufficient to pay for the cost of the liquor or marijuana purchased, plus the operating expenses of the state stores, plus a proportionate part of the overhead expenses of the commission, plus an additional charge; all to be determined by the commission. The commission is hereby authorized to limit the amount of liquor or marijuana which may be purchased by any person.
5 Effective Date. This act shall take effect 60 days after its passage.