SB 338 - AS INTRODUCED
2018 SESSION
18-2987
08/03
SENATE BILL 338
AN ACT relative to the growing of cannabis if it becomes legal.
SPONSORS: Sen. French, Dist 7; Sen. Reagan, Dist 17
COMMITTEE: Judiciary
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ANALYSIS
This bill:
I. Establishes where cannabis is to be grown legally for adult use purposes if cannabis becomes legal in the state of New Hampshire.
II. Establishes that the New Hampshire department of agriculture, markets, and food will license and oversee all cannabis growing operations.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2987
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to the growing of cannabis if it becomes legal.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Cannabis Regulation. Amend RSA by inserting after chapter 318-E the following new chapter:
CHAPTER 318-F
CANNABIS REGULATION
318-F:1 Effective Date of Chapter. This chapter shall only take effect upon the date that the attorney general certifies to the secretary of state and the office of legislative services that the production, sale, and use of cannabis is legal under state and federal law. Until such time, no portion of this chapter shall take effect.
318-F:2 Definitions. In this chapter:
I. "Alternative treatment center" means a nonprofit entity registered under RSA 126-X that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, and dispenses cannabis, and related supplies and educational materials, to qualifying medical patients and other New Hampshire alternative treatment centers. New Hampshire alternative treatment centers service medical cannabis patients and cannot cultivate, process, or sell recreational cannabis.
II. "Cannabis" means all parts of any plant of the cannabis genus of plants, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, salt, derivative, mixture, or preparation of such plant, its seeds, or resin. Such term shall not include the mature stalks of such plants, fiber produced from such stalks, oil or cake made from the seeds of such plants, any other compound, salt, derivative, mixture, or preparation of such mature stalks except the resin extracted therefrom, fiber, oil or cake, or the sterilized seeds of such plants which are incapable of germination. Cannabis shall be treated as any other vegetable or fruit with regard to zoning for cultivation in New Hampshire.
III. "Collective" means a group of growers who share a cultivation location located on a New Hampshire farm licensed under this chapter.
IV. "Cultivation location" means a locked and enclosed building or buildings under the control of the farm property owner where cannabis is cultivated, secured with one or more locks or other security devices in accordance with provisions of this chapter or rules established by the department of agriculture, markets, and food.
V. "Department" means the New Hampshire department of agriculture, markets, and food.
VI. "Farm" means any New Hampshire property that is used for farming and is zoned for vegetable or animal farming. For the purposes of this chapter "farm" also includes a "historical farm property".
VII. "Flowering area" means the portion of the cultivation location dedicated solely to the flowering portion of the cannabis grow cycle. "Flowering area" does not include cloning areas, seedling area, drying areas, packaging areas, shipping areas, food production areas, oil production areas, or process areas.
VIII. "Historic farm property" means any New Hampshire property which can be shown was used as a farm so long as it meets the minimum requirements for acreage and is zoned for agricultural farming. A historic farm property shall also contain at a minimum at least one structure which is at least 75 years old that is a house, barn, greenhouse, or outbuilding that can be proven to exist in the past and was used by that farm when in operation.
IX. "Seedling" means a cannabis plant that has no flowers and is less than 12 inches in height and less than 12 inches in diameter.
X. "Unusable cannabis" means any cannabis, other then usable cannabis, including the seeds, stalk, and roots of the plant.
XI. "Usable cannabis" means the dried leaves and flowers of the cannabis plant and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant and does not include the weight of any non-cannabis ingredients combined with cannabis and prepared for consumption as food or drink or smoked.
318-F:3 Rulemaking. Not later than one year after the effective date of this chapter, the department shall adopt rules under RSA 541-A governing:
I. The form and content of the registration and renewal requirements for a farm to be licensed for the cultivation of cannabis in New Hampshire. Such forms shall include:
(a) The name and address of all farm owners and proof the owners own at a minimum 51 percent of said farm and are New Hampshire residents.
(b) A description of the enclosed locked facility to be used in the cultivation of cannabis.
(c) If a new building or buildings will be built, a set of the proposed plans.
(d) A letter from the town or city in which the farm is located verifying that the farm is zoned for agricultural production.
(e) Proof that the farm is not located within 1,000 feet of a public or private school.
(f) Information demonstrating the applicant or his or her grower's knowledge of organic growing methods to be used in the cultivation of cannabis.
(g) Steps taken to ensure the quality of the cannabis, including purity and consistency.
(h) A timetable detailing plans for starting the production and sales.
(i) A list of any outside contractors that will have any ownership interest or would be working by contract for the farm.
(j) Plans for any solar fields to supply the farm with energy for the production of cannabis cultivation.
(k) Proof when submitting for registration applications of a historic farm that it meets the definitions in RSA 318-F:2, VIII.
(l) Plans for recordkeeping and inventory control.
(m) Plans for safe and accurate packaging and labeling of cannabis, including the applicant's plan for insuring that all cannabis is free of contaminants.
(n) A financial plan and proof of financing or capital to meet said plan.
(o) Any owner of a farm with a mortgage recorded against said farm shall provide a letter of permission from the mortgage holder giving permission to use farm for the cultivation of cannabis.
(p) A written statement that no party with ownership interest in the farm has any interest in or is a board member of a New Hampshire alternative treatment center.
II. The annual license fee structure and the application fee structure. Such fees shall be adjusted as required annually and shall cover all costs to the department for the review and regulation of licensed cannabis farms.
III. Security requirements for facilities which shall include at a minimum: lighting, security, video security, alarm requirements, measure to prevent loitering, and on-site parking, including a description of the enclosed locked facility to be used in the cultivation of cannabis.
IV. Labeling and weight standards.
V. Procedure for suspending or terminating a farm's license and a fine schedule.
VI. Procedures for inspections and investigations.
VII. Cannabis testing requirements.
VIII. A process for performing criminal background checks for all farm owners or any other party who has any ownership interest to prove that no one has been convicted of a felony in the last 10 years.
318-F:4 Taxes. No taxes shall be collected by the department of agriculture, markets, and food, under this chapter. The department of agriculture, markets, and food is only empowered to collect licensing fees and application fees from applying farms required to maintain this program.
318-F:5 Licensing Requirements. In order to be eligible for a license under this chapter:
I. A farm shall be located solely within the state of New Hampshire.
II. A farm shall contain a minimum of 20 acres.
III. A farm shall be owned by a minimum of 51 percent by residents of the state of New Hampshire.
IV. A farm shall be zoned for agricultural production and have a letter from the local zoning board that the applicant's farm meets such requirement.
V. A farm shall meet all guidelines under this chapter and meet minimum rules and standards as set by the department of agriculture, markets, and food.
318-F:6 Calculating Maximum Allowable Square Feet of Flowering Area. Each farm licensed to cultivate cannabis may have a maximum flowering square footage area based on the following formula: Multiply the total square footage of the farm by 3 percent. The maximum square footage allowed per farm of flowering area is 50,000 square feet. Support areas shall not be included in these calculations.
318-F:7 Cannabis Collectives. Collectives shall only be allowed on any New Hampshire farm that is licensed to cultivate cannabis. Any licensed retail seller or manufacturer or wholesaler of cannabis shall be allowed to cultivate cannabis at any collective for their businesses consumption. If New Hampshire at any time allows for the home cultivation of cannabis then such home cultivators may group together and rent cultivation space at any collective. Such individuals shall only cultivate cannabis for personal consumption.
318-F:8 Plant Count. The total number of cannabis plants at any farm shall be at discretion of each cultivation facility.
318-F:9 Penalties. It shall be unlawful to grow cannabis without a license. A person who grows cannabis without a license shall be guilty of a class B felony.
2 Contingency. This act shall take effect when the production, sale, and use of cannabis and cannabis products for recreational use becomes legal under state and federal law as certified by the attorney general to the office of legislative services and the secretary of state.
I. Section 1 of this act shall take effect as specified in section 2 of this act.
II. The remainder of this act shall take effect upon its passage.
| Date | Body | Type |
|---|---|---|
| Jan. 11, 2018 | Senate | Hearing |
Feb. 1, 2018: Refer to Interim Study, MA, VV; 02/01/2018; SJ 3
Feb. 1, 2018: Committee Report: Referred to Interim Study, 02/01/2018; Vote 5-0; CC; SC 5
Jan. 11, 2018: Hearing: 01/11/2018, Room 100, SH, 09:50 am; SC 48
Jan. 3, 2018: To Be Introduced 01/03/2018 and Referred to Judiciary; SJ 1