Revision: Jan. 27, 2017, 9:03 a.m.
HB 472 - AS INTRODUCED
2017 SESSION
17-0071
01/04
HOUSE BILL 472
AN ACT permitting qualifying patients to cultivate cannabis for their own therapeutic use.
SPONSORS: Rep. Cushing, Rock. 21; Rep. E. Edwards, Hills. 11; Rep. P. Gordon, Rock. 29; Rep. W. Pearson, Ches. 16; Rep. Bean, Rock. 21
COMMITTEE: Health, Human Services and Elderly Affairs
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This bill permits qualifying patients and registered caregivers to cultivate cannabis for therapeutic use.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0071
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT permitting qualifying patients to cultivate cannabis for their own therapeutic use.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Use of Therapeutic Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, IV to read as follows:
IV. “Cultivation location” means a locked and enclosed site, under the control of the qualifying patient or designated caregiver who shall report the location to the department in accordance with the provisions of this chapter, or under the control of an alternative treatment center where cannabis is cultivated, secured with one or more locks or other security devices in accordance with the provisions of this chapter.
2 Use of Therapeutic Cannabis; Definitions. Amend RSA 126-X:1, VI to read as follows:
VI. “Designated caregiver” means an individual who:
(a) Is at least 21 years of age;
(b)(1) Has [agreed to assist with one or more (not to exceed 5) qualifying patient’s] agreed to assist in the therapeutic use of cannabis, excluding the cultivation of therapeutic cannabis, for up to 5 qualifying patients, except if the qualifying patient and designated caregiver each live greater than 50 miles from [the nearest] an alternative treatment center, [in which case] the designated caregiver may assist [with] in the therapeutic use of cannabis, excluding cultivation, for up to 9 qualifying patients; or
(2) Has agreed to cultivate cannabis for therapeutic use pursuant to this chapter for one qualifying patient;
(c) Has never been convicted of a felony or any felony drug-related offense; and
(d) Possesses a valid registry identification card issued pursuant to RSA 126-X:4.
3 New Paragraphs; Use of Cannabis for Therapeutic Purposes. Amend RSA 126-X:2 by inserting after paragraph II the following new paragraphs:
II-a. A qualifying patient shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or be denied any right or privilege for the therapeutic use of cannabis in accordance with this chapter, if the qualifying patient possesses, or cultivates an amount of cannabis that does not exceed the following:
(a) If the qualifying patient does not have a designated caregiver, for the possession or cultivation, or both, of cannabis that occurs at the cultivation location reported to the department, or while transporting cannabis and cannabis plants and seedlings to a new cultivation location that has been reported to the department within the prior 21 days:
(1) Six ounces of usable cannabis;
(2) Any amount of unusable cannabis; and
(3) Two mature cannabis plants and 12 seedlings, with a total canopy of no more than 50 square feet.
(b) If the qualifying patient is not at a cultivation location reported to the department:
(1) One ounce of usable cannabis; and
(2) Any amount of unusable cannabis.
II-b. A designated caregiver shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or denied any right or privilege for the medical use of cannabis in accordance with this chapter on behalf of a qualifying patient, an amount of cannabis that does not exceed the following:
(a) If, at the cultivation location reported to the department, or while transporting cannabis and cannabis plants and seedlings to a new cultivation location that has been reported to the department within the prior 21 days:
(1) Six ounces of usable cannabis; and
(2) Any amount of unusable cannabis; and
(3) Two mature cannabis plants and 12 seedlings, with a total canopy of no more than 50 square feet.
(b) If not at a cultivation location reported to the department:
(1) One ounce of usable cannabis; and
(2) Any amount of unusable cannabis.
II-c. A qualifying patient or designated caregiver shall not be subject to arrest by state or local law enforcement or prosecution or penalty under state or municipal law for giving cannabis to a qualifying patient or a visiting qualifying patient where nothing of value is transferred in return, or for offering to do the same, if the person giving the cannabis does not knowingly cause the recipient to possess more cannabis than is permitted by this section.
II-d. Notwithstanding paragraph II-c, a designated caregiver may receive compensation not to exceed $500 per calendar year for costs, not including labor, associated with assisting a qualifying patient who has designated the designated caregiver to assist him or her with the therapeutic use of cannabis pursuant to RSA 126-X:1, VI. Such compensation shall not constitute the sale of a controlled drug pursuant to RSA 318-B.
4 New Subparagraph; Use of Cannabis for Therapeutic Purposes; Departmental Administration. Amend RSA 126-X:4, I by inserting after subparagraph (h) the following new subparagraph:
(i) A statement signed by the applicant consenting to random inspections of the cultivation location at the discretion of local public health officials. Such inspections may occur at least quarterly and shall be performed in the presence of the applicant during normal business hours.
5 New Subparagraph; Use of Cannabis for Therapeutic Purposes; Departmental Administration. Amend RSA 126-X:4, II by inserting after subparagraph (g) the following new subparagraph:
(h) A statement signed by the applicant consenting to random inspections of the cultivation location at the discretion of local public health officials. Such inspections may occur at least quarterly and shall be performed in the presence of the applicant during normal business hours.
6 Use of Cannabis for Therapeutic Purposes; Affirmative Defense. Amend RSA 126-X:5, I to read as follows:
I. It shall be an affirmative defense for any person charged with manufacturing, possessing, having under his or her control, selling, purchasing, prescribing, administering, transporting, or possessing with intent to sell, dispense, or compound cannabis, cannabis analog, or any preparation containing cannabis, if:
(a) The actor is a qualifying patient who has been issued a valid registry identification card, was in possession of cannabis in a quantity and location permitted pursuant to this chapter, and was engaged in the therapeutic use of cannabis;
(b) The actor is a designated caregiver who has been issued a valid registry identification card, was in possession of cannabis in a quantity and location permitted pursuant to this chapter, and was engaged in the therapeutic use of cannabis on behalf of a qualifying patient; [or]
(c) The actor is an employee of a laboratory conducting testing required for alternative treatment centers pursuant to rules adopted under this chapter[.];
(d) The actor is a person with a qualifying medical condition who does not possess a registry identification card and, prior to the arrest, the actor submitted to the department a completed application to become a qualifying patient, including a written certification, but the actor had not yet received a registry identification card from the department; provided that:
(1) The actor does not possess more than the amount of cannabis permitted under RSA 126-X:2, II-a, if the cannabis is not on the actor’s property; or
(2) If the cannabis is on the actor’s property, the actor does not possess more than the amount of cannabis permitted under RSA 126-X:2, II-a, which shall be in a locked and enclosed location on the actor’s property; or
(e) The actor is a person with a qualifying medical condition who is not yet in possession of a valid registry identification card and is arrested or cited prior to the date on which the department begins accepting registry identification card applications if:
(1) The actor produces a written statement signed by a provider stating that in the provider’s professional opinion, after having completed a full assessment made in the course of a provider-patient relationship of at least 3 months duration, the actor has a qualifying medical condition. The 3-month requirement for the provider-patient relationship required in this subparagraph 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; and
(2) The actor does not possess more than the amount of cannabis permitted under RSA 126-X:2, II-a, if the cannabis is not on the actor’s property; or
(3) If the cannabis is on the actor’s property, the actor does not possess more than the amount of cannabis permitted under RSA 126-X:2, II-a, which shall be in a locked and enclosed location on the actor’s property.