Bill Details - HB364 (2019)

HB 364 - AS AMENDED BY THE SENATE

 

7Mar2019... 0689h

05/02/2019   1613s

05/02/2019   1783s

2019 SESSION

19-0070

01/04

 

HOUSE BILL 364

 

AN ACT permitting qualifying patients and designated caregivers to cultivate cannabis for therapeutic use and permitting qualifying patients and designated caregivers to donate excess cannabis to other qualifying patients.

 

SPONSORS: Rep. Cushing, Rock. 21; Sen. Reagan, Dist 17

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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AMENDED ANALYSIS

 

This bill permits qualifying patients and designated 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Mar2019... 0689h

05/02/2019   1613s

05/02/2019   1783s 19-0070

01/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT permitting qualifying patients and designated caregivers to cultivate cannabis for therapeutic use and permitting qualifying patients and designated caregivers to donate excess cannabis to other qualifying patients.

 

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, 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.  A cultivation location under the control of a qualifying patient or designated caregiver shall be at that person’s residence.

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] patients in the therapeutic use of cannabis, except if the qualifying patient and designated caregiver each live greater than 50 miles from the nearest alternative treatment center, [in which case] the designated caregiver may assist with the therapeutic use of cannabis for up to 9 qualifying patients; or

(2)  Has agreed to cultivate cannabis for therapeutic use pursuant to this chapter for no more than 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; Definitions.  Amend RSA 126-X by inserting after paragraph VI-a the following new paragraphs:

VI-b.  “Immature cannabis plant” means a cannabis plant that has not flowered and which does not have buds that may be observed by visual examination and which is at least 6 inches tall.

VI-c.  “Mature cannabis plant” means a female cannabis plant that has flowered and that has buds that may be observed by visual examination.

4  Use of Cannabis for Therapeutic Purposes; Definitions.  Amend RSA 126-X:1, XII to read as follows:

XII.  "Seedling" means a cannabis plant that [has no flowers and is less than 12 inches in height and less than 12 inches in diameter]is less than 6 inches tall.

5  Use of Therapeutic Cannabis; Definitions.  Amend RSA 126-X:1, XIII(c) to read as follows:

(c)  Cultivation by a designated caregiver or qualifying patient, except as provided under RSA 126-X:2, II-a or II-b.

6  Use of Therapeutic Cannabis Purposes; Protections.  Amend RSA 126-X:2, I-III to read as follows:

I.  A qualifying patient 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 therapeutic use of cannabis in accordance with this chapter, if the qualifying patient possesses an amount of cannabis that does not exceed the following, if the qualifying patient is not at the cultivation location he or she reported to the department, or transporting cannabis as allowed under paragraph II-a:

(a)  Two ounces of usable cannabis; and

(b)  Any amount of unusable cannabis.

II.  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 therapeutic use of cannabis in accordance with this chapter on behalf of a qualifying patient if the designated caregiver possesses an amount of cannabis that does not exceed the following, if the designated caregiver is not at the cultivation location he or she reported to the department, or transporting cannabis as allowed under paragraph II-b:

(a)  Two ounces of usable cannabis, or the total amount allowable for the number of qualifying patients for which he or she is a designated caregiver; and

(b)  Any amount of unusable cannabis.

II-a.  Except as provided in RSA 126-X:3, VII(b), 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 who is authorized to cultivate cannabis for him or her, for the possession or cultivation, or both, of cannabis that occurs at the cultivation location under the control of the patient 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)  Eight ounces of usable cannabis;

(2)  Any amount of unusable cannabis; and

(3)  Three mature cannabis plants, 3 immature cannabis plants and 12 seedlings, where the plants are not subject to public view, including to view from another private property, without the use of optical aids, with a total canopy of no more than 50 square feet.

(b)  If more than one qualifying patient, designated caregiver, or both, share a cultivation location, the total canopy of all cannabis plants shall not exceed 100 square feet.

II-b.  Except as provided in RSA 126-X:3, VII(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 therapeutic 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 under control of the caregiver and that has been 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)  Eight ounces of usable cannabis;

(2)  Any amount of unusable cannabis; and

(3)  Three mature cannabis plants, 3 immature cannabis plants and 12 seedlings, where the plants are not subject to public view, including to view from another private property, without the use of optical aids, with a total canopy of no more than 50 square feet.

(b)  If more than one qualifying patient, designated caregiver, or both, share a cultivation location, the total canopy of all cannabis plants shall not exceed 100 square feet.

III.  A designated caregiver may receive compensation for costs, not to exceed $500 per calendar year, not including labor, associated with assisting a qualifying patient who has designated the registered designated caregiver to assist him or her with the therapeutic use of cannabis.  Such compensation shall not constitute the sale of [controlled substances] a controlled drug pursuant to RSA 318-B.

7  Use of Therapeutic Cannabis; Protections.  Amend RSA 126-X:2, XV to read as follows:

XV.  A laboratory, and the employees thereof, which conducts testing of cannabis [required under rules for] delivered to it by alternative treatment centers, [adopted under this chapter, and the employees thereof] qualifying patients, or designated caregivers, shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or search, for acting pursuant to this chapter and department rules to possess cannabis on the premises of the laboratory for the purposes of testing, and, in the case of a laboratory employee, denied any right or privilege for working for such a laboratory.

8  Use of Therapeutic Cannabis; Prohibitions and Limits.  Amend RSA 126-X:3, I to read as follows:

I.  A qualifying patient may use and a qualifying patient or designated caregiver may cultivate cannabis on privately-owned real property only with written permission of the property owner or, in the case of leased property, with the permission of the tenant in possession of the property, except that a tenant shall not allow a qualifying patient to smoke cannabis on rented property if smoking on the property violates the lease or the lessor's rental policies that apply to all tenants at the property.  A tenant or guest of a tenant shall not cultivate cannabis on rented property if the lessor has prohibited therapeutic cannabis cultivation. However, a tenant may permit a qualifying patient to use cannabis on leased property by ingestion or inhalation through vaporization even if smoking is prohibited by the lease or rental policies.  For purposes of this chapter, vaporization shall mean the inhalation of cannabis without the combustion of the cannabis.

9  New Subparagraph; Use of Therapeutic Cannabis; Registry Identification Cards.  Amend RSA 126-X:4, I by inserting after subparagraph (h) the following new subparagraph:

(i)  The qualifying patient's cultivation location, if any.

10  New Subparagraph; Use of Therapeutic Cannabis; Registry Identification Cards.  Amend RSA 126-X:4, II by inserting after subparagraph (g) the following new subparagraph:

(h)   The designated caregiver's cultivation location, where he or she may cultivate cannabis on behalf of a single qualifying patient who has not reported a cultivation location.

11  Use of Therapeutic Cannabis; Registry Identification Cards.  Amend RSA 126-X:4, IX(a) to read as follows:

(a)  A qualifying patient shall notify the department before changing his or her designated caregiver, cultivation location, or alternative treatment center.  A designated caregiver shall notify the department before changing his or her cultivation location.

12  Use of Therapeutic Cannabis; Registry Identification Cards.  Amend RSA 126-X:4, XI(a) through XI(b)(1)-(3) to read as follows:

XI.(a)  The department shall create and maintain a confidential registry of each individual who has applied for and received a registry identification card as a qualifying patient or a designated caregiver in accordance with the provisions of this chapter.  Each entry in the registry shall contain the qualifying patient's or designated caregiver's name, mailing address, date of birth, date of registry identification card issuance, date of registry identification card expiration, random 10-digit identification number, cultivation location, if any, and registry identification number of the qualifying patient's designated alternative treatment center, if any.  The confidential registry and the information contained in it shall be exempt from disclosure under RSA 91-A.

(b)(1)  Except as specifically provided in this chapter, no person shall have access to any information about qualifying patients or designated caregivers in the department's confidential registry, or any information otherwise maintained by the department about providers and alternative treatment centers, except for authorized employees of the department in the course of their official duties and local and state law enforcement personnel who have detained or arrested an individual who claims to be engaged in the therapeutic use of cannabis.  

(2)  If a local or state law enforcement officer submits a sworn affidavit to the department affirming that he or she has probable cause to believe cannabis is possessed or cultivated at a specific address, an authorized employee for the department may disclose whether the location is associated with a qualifying patient, designated caregiver, or cultivation location [of an alternative treatment center].

(3)  If a local or state law enforcement officer submits a sworn affidavit to the department affirming that he or she has probable cause to believe a specific individual possesses or cultivates cannabis, an authorized employee for the department may disclose whether the person is a qualifying patient or a designated caregiver, provided that the law enforcement officer provides the person's name and address or name and date of birth.

13  New Paragraph; Use of Therapeutic Cannabis; Registry Identification Cards.  Amend RSA 126-X:4 by inserting after paragraph XII the following new paragraph:

XIII.(a)  No later than October 1, 2019, the department shall allow existing and new qualifying patients and designated caregivers to designate a cultivation location provided that:

(1)  A qualifying patient may only designate a cultivation location if he or she does not have a designated caregiver who will cultivate for him or her.

(2)  A designated caregiver may only cultivate for a single qualifying patient, and may only cultivate for a patient who does not have a cultivation location.

(b)  No individual shall designate a cultivation location if such individual's permission to cultivate has been revoked.

14  Use of Therapeutic Cannabis; 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, cultivating, 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 or was cultivating 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 or was cultivating 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[.] or that tests cannabis provided to it by qualifying patients, and designated caregivers; or

(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, I, 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.

15  New Subparagraph; Use of Therapeutic Cannabis; Alternative Treatment Centers.  Amend RSA 126-X:8, XIII by inserting after subparagraph (c) the following new subparagraph:

(d)  A qualifying patent or designated caregiver shall not obtain from an alternative treatment center more than 12 seedlings during a 3-month period.

16  Use of Cannabis for Therapeutic Purposes; Prohibitions and Limits.  Amend RSA 126-X:3, VII to read as follows:

VII.(a)  The department may revoke the registry identification card of a qualifying patient or designated caregiver for violation of rules adopted by the department or for a violation of any other provision of this chapter, and the qualifying patient or designated caregiver shall be subject to any other penalties established in law for the violation.

(b)  The department may revoke a qualifying patient's or designated caregiver’s permission to cultivate cannabis for a violation of the rules adopted by the department or for a violation of any provision of this chapter.

17  Use of cannabis for Therapeutic Purposes; Alternative Treatment Centers.  Amend RSA 126-X:8, XV(a) to read as follows:

XV.(a)(1)  An alternative treatment center shall not possess or cultivate cannabis in excess of the following quantities:

[(1)] (A)  Eighty mature cannabis plants, 160 immature cannabis plants, [160 seedlings], and 80 ounces of usable cannabis, or 6 ounces of usable cannabis per qualifying patient; and

[(2)] (B) Three mature cannabis plants, 12 immature cannabis plants, [12 seedlings], and 6 ounces for each qualifying patient who has designated the alternative treatment center to provide him or her with cannabis for therapeutic use.

(2)  An alternative treatment center shall not be limited in the number of seedlings it can possess or cultivate.

18  Use of Cannabis for Therapeutic Purposes; Departmental Rules.  Amend RSA 126-X:6, III(a)(15) to read as follows:

(15)  Procedures for determining and enforcing the daily maximum amount of therapeutic cannabis which an alternative treatment center may cultivate or possess pursuant to RSA 126-X:8, XV(a)(1).

19  Effective Date.  This act shall take effect July 1, 2019.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Health, Human Services and Elderly Affairs HJ 3 P. 11
Jan. 15, 2019 Public Hearing: 01/15/2019 02:00 pm LOB 303
Feb. 7, 2019 Division I Subcommittee Work Session: 02/07/2019 10:00 am LOB 212
Feb. 7, 2019 ==RECESSED== Executive Session: 02/07/2019 01:00 pm LOB 205
Feb. 26, 2019 Division I Subcommittee Work Session: 02/26/2019 10:00 am LOB 104
Feb. 26, 2019 ==CONTINUED== Executive Session: 02/26/2019 01:00 pm LOB 205
March 7, 2019 Majority Committee Report: Ought to Pass with Amendment # 2019-0689h for 03/07/2019 (Vote 17-4; RC) HC 14 P. 12
Majority Committee Report: Ought to Pass with Amendment # 2019-0689h (Vote 17-4; RC)
Minority Committee Report: Inexpedient to Legislate
March 7, 2019 Amendment # 2019-0689h (NT): AA VV 03/07/2019 HJ 8 P. 40
March 7, 2019 Ought to Pass with Amendment 2019-0689h (NT): MA VV 03/07/2019 HJ 8 P. 40
March 14, 2019 Introduced 03/14/2019 and Referred to Health and Human Services; SJ 9
March 26, 2019 Hearing: 03/26/2019, Room 101, LOB, 02:15 pm; SC 15
May 2, 2019 Committee Report: Ought to Pass with Amendment # 2019-1613s, 05/02/2019; SC 20
May 2, 2019 Committee Amendment # 2019-1613s, AA, VV; 05/02/2019; SJ 15
May 2, 2019 Sen. Sherman Floor Amendment # 2019-1783s, AA, VV; 05/02/2019; SJ 15
May 2, 2019 Ought to Pass with Amendments 2019-1613s, and 2019-1783s, RC 14Y-10N, MA; OT3rdg; 05/02/2019; SJ 15

Action Dates

Date Body Type
Jan. 15, 2019 House Hearing
Feb. 7, 2019 House Exec Session
Feb. 7, 2019 House Exec Session
Feb. 26, 2019 House Exec Session
House Floor Vote
March 7, 2019 House Floor Vote
March 26, 2019 Senate Hearing
May 2, 2019 Senate Floor Vote

Bill Text Revisions

HB364 Revision: 4597 Date: Jan. 7, 2019, 2:25 p.m.
HB364 Revision: 5475 Date: March 7, 2019, 3:40 p.m.
HB364 Revision: 5826 Date: May 2, 2019, 2:49 p.m.