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1 Findings. The general court hereby finds that:
I. Scientific data from needle exchange programs in the United States show that providing clean hypodermic needles and syringes to intravenous drug users does not increase drug use, but rather creates an important bridge to drug treatment and is effective in curtailing the spread of human immunodeficiency virus (HIV) among intravenous drug users since sharing comtaminated needles is the primary method of transmitting HIV infection within the drug user population.
II. Injection drug users are the second largest group at risk of becoming infected with HIV and developing AIDS. This group is also the primary source of heterosexual, female, and perinatal transmission of HIV and AIDS in the United States.
III. Studies show that the lack of sterile needles on the street and the existence of laws that restrict providing clean needles work together to increase the spread of HIV by promoting needle sharing among injection drug users.
2 Controlled Drug Act; Definition; Drug Paraphernalia. Amend RSA 318-B:1, X-a to read as follows:
X-a.(a) "Drug paraphernalia'' means all equipment, products and materials of any kind which are used or intended for use or customarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes, but is not limited to:
(a) (1) Kits used or intended for use or customarily intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
(b) (2) Kits including but not limited to cocaine kits, used or intended for use or customarily intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
(c) (3) Isomerization devices used or intended for use or customarily intended for use in increasing the potency of any species of plant which is a controlled substance.
(d) (4) Testing equipment used or intended for use or customarily intended for use in identifying, or analyzing the strength, effectiveness or purity of controlled substances.
(e) (5) Scales and balances used or intended for use or customarily intended for use in weighing or measuring controlled substances.
(f) (6) Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use or customarily intended for use in cutting controlled substances.
(g) (7) Separation gins and sifters used or intended for use or customarily intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
(h) (8) Blenders, bowls, containers, spoons and mixing devices used or intended for use or customarily intended for use in compounding controlled substances.
(i) (9) Capsules, balloons, envelopes and other containers used or intended for use or customarily intended for use in packaging small quantities of controlled substances.
(j) (10) Containers and other objects used or intended for use or customarily intended for use in storing or concealing controlled substances.
(k) (11) Objects used or intended for use or customarily intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(1) (A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
(2) (B) Water pipes.
(3) (C) Carburetion tubes and devices.
(4) (D) Smoking and carburetion masks.
[(5)] (E) Chamber pipes.
[(6)] (F) Carburetor pipes.
[(7)] (G) Electric pipes.
[(8)] (H) Air-driven pipes.
[(9)] (I) Chillums.
[(10)] (J) Bongs.
[(11)] (K) Ice pipes or chillers.
(b) "Drug paraphernalia" shall not include needles and syringes distributed or possessed as part of a community-based needle exchange program operating pursuant to RSA 318-B:43.
3 New Paragraph; Controlled Drug Act; Definition Added. Amend RSA 318-B:1 by inserting after paragraph V-a the following new paragraph:
V-b. "Community-based needle exchange program" means a program approved by the commissioner under RSA 318-B:43 which provides access to clean needles and syringes, and which is operated by an AIDS service organization, substance abuse treatment provider, or a licensed health care provider or facility.
4 Controlled Drug Act; Unlawful Acts; Drug Paraphernalia. Amend RSA 318-B:2, II to read as follows:
II. It shall be unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be used or is customarily intended to be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled substance. This paragraph shall not apply to the distribution and possession of needles and syringes as part of a community-based needle exchange program in accordance with RSA 318-B:43.
5 New Paragraph; Controlled Drug Act; Drug Paraphernalia; Minors. Amend RSA 318-B:26 by inserting after paragraph III-a the following new paragraph:
III-b. Except as provided under RSA 318-B:43, a person shall be guilty of a class A misdemeanor if he or she manufactures with the intent to deliver, delivers or possesses with the intent to deliver any drug paraphernalia when such paraphernalia is knowingly manufactured, delivered or possessed for one or more of the uses set forth in RSA 318-B:2, II to any person under 18 years of age.
6 New Subdivision; Needle Exchange Programs. Amend RSA 318-B by inserting after section 42 the following new subdivision:
Needle Exchange Programs
318-B:43 Needle Exchange Programs; Operating Guidelines.
I. The commissioner shall develop operating guidelines, in accordance with rules adopted under RSA 541-A, for needle exchange programs. The rules shall include an application process, a procedure for exchanging needles, and form and content for an annual reporting requirement to the commissioner for programs which are approved by the commissioner.
II. No later than November 1, 2018, and every year thereafter, the commissioner shall report to the oversight committee on health and human services, established in RSA 126-A:13, relative to the activities and outcomes of approved needle exchange programs operating in this state.
7 Effective Date. This act shall take effect January 1, 2018.
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1 Findings. The general court hereby finds that:
I. Scientific data from needle exchange programs in the United States show that providing clean hypodermic needles and syringes to intravenous drug users does not increase drug use, but rather creates an important bridge to drug treatment and is effective in curtailing the spread of human immunodeficiency virus (HIV) among intravenous drug users since sharing comtaminated needles is the primary method of transmitting HIV infection within the drug user population.
II. Injection drug users are the second largest group at risk of becoming infected with HIV and developing AIDS. This group is also the primary source of heterosexual, female, and perinatal transmission of HIV and AIDS in the United States.
III. Studies show that the lack of sterile needles on the street and the existence of laws that restrict providing clean needles work together to increase the spread of HIV by promoting needle sharing among injection drug users.
2 Controlled Drug Act; Definition; Drug Paraphernalia. Amend RSA 318-B:1, X-a to read as follows:
X-a.(a) "Drug paraphernalia'' means all equipment, products and materials of any kind which are used or intended for use or customarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes, but is not limited to:
(1) Kits used or intended for use or customarily intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
(2) Kits including but not limited to cocaine kits, used or intended for use or customarily intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
(3) Isomerization devices used or intended for use or customarily intended for use in increasing the potency of any species of plant which is a controlled substance.
(4) Testing equipment used or intended for use or customarily intended for use in identifying, or analyzing the strength, effectiveness or purity of controlled substances.
(5) Scales and balances used or intended for use or customarily intended for use in weighing or measuring controlled substances.
(6) Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use or customarily intended for use in cutting controlled substances.
(7) Separation gins and sifters used or intended for use or customarily intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
(8) Blenders, bowls, containers, spoons and mixing devices used or intended for use or customarily intended for use in compounding controlled substances.
(9) Capsules, balloons, envelopes and other containers used or intended for use or customarily intended for use in packaging small quantities of controlled substances.
(10) Containers and other objects used or intended for use or customarily intended for use in storing or concealing controlled substances.
(11) Objects used or intended for use or customarily intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
(B) Water pipes.
(C) Carburetion tubes and devices.
(D) Smoking and carburetion masks.
[(5)] (E) Chamber pipes.
[(6)] (F) Carburetor pipes.
[(7)] (G) Electric pipes.
[(8)] (H) Air-driven pipes.
[(9)] (I) Chillums.
[(10)] (J) Bongs.
[(11)] (K) Ice pipes or chillers.
(b) "Drug paraphernalia" shall not include needles and syringes distributed or possessed as part of a community-based needle exchange program operating pursuant to RSA 318-B:43.
3 New Paragraph; Controlled Drug Act; Definition Added. Amend RSA 318-B:1 by inserting after paragraph V-a the following new paragraph:
V-b. "Community-based needle exchange program" means a program approved by the commissioner under RSA 318-B:43 which provides access to clean needles and syringes, and which is operated by an AIDS service organization, substance abuse treatment provider, or a licensed health care provider or facility.
4 Controlled Drug Act; Unlawful Acts; Drug Paraphernalia. Amend RSA 318-B:2, II to read as follows:
II. It shall be unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be used or is customarily intended to be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled substance. This paragraph shall not apply to the distribution and possession of needles and syringes as part of a community-based needle exchange program in accordance with RSA 318-B:43.
5 New Paragraph; Controlled Drug Act; Drug Paraphernalia; Minors. Amend RSA 318-B:26 by inserting after paragraph III-a the following new paragraph:
III-b. Except as provided under RSA 318-B:43, a person shall be guilty of a class A misdemeanor if he or she manufactures with the intent to deliver, delivers or possesses with the intent to deliver any drug paraphernalia when such paraphernalia is knowingly manufactured, delivered or possessed for one or more of the uses set forth in RSA 318-B:2, II to any person under 18 years of age.
6 New Subdivision; Needle Exchange Programs. Amend RSA 318-B by inserting after section 42 the following new subdivision:
Needle Exchange Programs
318-B:43 Needle Exchange Programs; Operating Guidelines.
I. The commissioner shall develop operating guidelines, in accordance with rules adopted under RSA 541-A, for needle exchange programs. The rules shall include an application process, a procedure for exchanging needles, and form and content for an annual reporting requirement to the commissioner for programs which are approved by the commissioner.
II. No later than November 1, 2018, and every year thereafter, the commissioner shall report to the oversight committee on health and human services, established in RSA 126-A:13, relative to the activities and outcomes of approved needle exchange programs operating in this state.
7 Effective Date. This act shall take effect January 1, 2018.