CHAPTER 219
SB 380 - FINAL VERSION
01/18/2018 0107s
26Apr2018... 1268h
2018 SESSION
18-2816
01/04
SENATE BILL 380
AN ACT relative to the therapeutic use of cannabis.
SPONSORS: Sen. Reagan, Dist 17; Sen. French, Dist 7; Sen. Bradley, Dist 3; Rep. J. MacKay, Merr. 14; Rep. Knirk, Carr. 3; Rep. Verville, Rock. 2; Rep. Nelson, Carr. 5
COMMITTEE: Health and Human Services
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ANALYSIS
This bill makes certain changes to the law governing use of cannabis for therapeutic purposes, including clarifying certain information on the registry identification cards and designated caregivers for minors.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/18/2018 0107s
26Apr2018... 1268h 18-2816
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to the therapeutic use of cannabis.
Be it Enacted by the Senate and House of Representatives in General Court convened:
219:1 Use of Cannabis for Therapeutic Purposes; Departmental Administration; Registry Identification Cards. Amend RSA 126-X:4, I(f) to read as follows:
(f) Name, address, and date of birth of the applicant's designated caregiver, if any. A qualifying patient shall have only one designated caregiver, except as follows:
(1) If the qualifying patient is a minor, the patient may have up to 2 designated caregivers, both of whom shall be the patient's parent or legal guardian.
(2) Where the court has appointed co-guardians for an adult qualifying patient, the patient may have up to 2 designated caregivers, both of whom shall be court appointed co-guardians for the patient.
219:2 Use of Cannabis for Therapeutic Purposes; Departmental Administration; Registry Identification Cards. Amend RSA 126-X:4, IX(c) through (f) to read as follows:
(c) When a qualifying patient or a designated caregiver notifies the department of any change to a name or address, the department shall issue the qualifying patient or designated caregiver a new registry identification card [with a new random 10-digit identification number] within 20 days of receiving the updated information.
(d) If a qualifying patient notifies the department of a change in his or her designated caregiver and the prospective designated caregiver meets the requirements of this chapter, the department shall issue the designated caregiver a registry identification card [with a new random 10-digit identification number] within 50 days of receiving the designated caregiver's application.
(e) A qualifying patient or designated caregiver who fails to notify the department of any changes to his or her name, address, or designated caregiver shall be guilty of a violation and may be subject to a fine not to exceed $150 under rules adopted by the department.
(f) If a qualifying patient or designated caregiver loses his or her registry identification card, he or she shall notify the department within 10 days of losing the card. Within 5 days after such notification, the department shall issue a new registry identification card [with a new random 10-digit identification number]. The fee for new registry cards shall be established in rules set by the department pursuant to RSA 541-A.
219:3 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, IX to read as follows:
IX.(a)[(1)] "Qualifying medical condition'' means the presence of:
[(A)] (1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, muscular dystrophy, Crohn's disease, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, epilepsy, lupus, Parkinson's disease, Alzheimer's disease, ulcerative colitis, Ehlers-Danlos syndrome, or one or more injuries or conditions that has resulted in one or more qualifying symptoms under subparagraph [(B)] (2); and
[(B)] (2) A severely debilitating or terminal medical condition or its treatment that has produced at least one of the following: elevated intraocular pressure, cachexia, chemotherapy-induced anorexia, wasting syndrome, agitation of Alzheimer's disease, severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects, constant or severe nausea, moderate to severe vomiting, seizures, or severe, persistent muscle spasms; or
[(2)] (b) "Qualifying medical condition'' also means:
[(A)] (1) Moderate to severe chronic pain.
[(B)] (2) Severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects.
[(C)] (3) Moderate or severe post-traumatic stress disorder.
[(b) The department may include a medical condition that is not listed in subparagraph (a) that the department determines, on a case by case basis, is severely debilitating or terminal, based upon the written request of a provider who furnishes written certification to the department.]
219:4 Effective Date. This act shall take effect upon its passage.
Approved: June 08, 2018
Effective Date: June 08, 2018
| Date | Body | Type |
|---|---|---|
| Jan. 11, 2018 | Senate | Hearing |
| Jan. 18, 2018 | Senate | Floor Vote |
| March 27, 2018 | House | Hearing |
| April 17, 2018 | House | Exec Session |
| House | Floor Vote | |
| April 26, 2018 | House | Floor Vote |
June 8, 2018: Signed by the Governor on 06/08/2018; Chapter 0219; Effective 06/08/2018
May 10, 2018: Enrolled (In recess 05/10/2018); SJ 18
May 10, 2018: Enrolled 05/10/2018
May 2, 2018: Sen. Bradley Moved to Concur with the House Amendment, MA, VV; 05/02/2018; SJ 15
April 26, 2018: Ought to Pass with Amendment 1268h: MA VV 04/26/2018
April 26, 2018: Amendment # 2018-1268h: AA VV 04/26/2018
: Committee Report: Ought to Pass with Amendment # 2018-1268h (Vote 22-1; CC)
April 26, 2018: Committee Report: Ought to Pass with Amendment # 2018-1268h for 04/26/2018 (Vote 22-1; CC) HC 16 P. 6
April 17, 2018: Executive Session: 04/17/2018 10:00 AM LOB 205
March 27, 2018: Public Hearing: 03/27/2018 01:15 PM LOB 205
March 7, 2018: Introduced 03/07/2018 and referred to Health, Human Services and Elderly Affairs HJ 7 P. 51
Jan. 18, 2018: Ought to Pass with Amendment 2018-0107s, MA, VV; OT3rdg; 01/18/2018; SJ 2
Jan. 18, 2018: Committee Amendment # 2018-0107s, AA, VV; 01/18/2018; SJ 2
Jan. 18, 2018: Committee Report: Ought to Pass with Amendment # 2018-0107s, 01/18/2018; SC 3
Jan. 11, 2018: Hearing: 01/11/2018, Room 102, LOB, 01:30 pm; SC 2
Jan. 3, 2018: To Be Introduced 01/03/2018 and Referred to Health and Human Services; SJ 1