HB1223 (2020) Detail

Relative to schedule I and unscheduled drug take-back programs.


HB 1223 - AS INTRODUCED

 

 

2020 SESSION

20-2406

01/10

 

HOUSE BILL 1223

 

AN ACT relative to schedule I and unscheduled drug take-back programs.

 

SPONSORS: Rep. Dolan, Rock. 5; Rep. Marsh, Carr. 8; Rep. Alexander Jr., Hills. 6; Rep. D. Thomas, Rock. 5; Rep. Greene, Hills. 37; Sen. Carson, Dist 14

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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ANALYSIS

 

This bill authorizes municipalities, governmental entities, and private entities to establish take-back programs for schedule I and unscheduled drugs.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2406

01/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to schedule I and unscheduled drug take-back programs.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Drug Take-Back Programs.  Amend the chapter heading of RSA 318-E to read as follows:

CONTROLLED AND NON-CONTROLLED PHARMACEUTICAL

AND SCHEDULE I AND UNSCHEDULED DRUG TAKE-BACK PROGRAMS

2  New Section; Take-Back Programs for Certain  Drugs Authorized.  Amend RSA 318-E by inserting after section 1 the following new section:

318-E:2  Take-Back Programs for Schedule I and Unscheduled Drugs Authorized.

I.  Studies have shown that unused mediations left in the home have often been the gateway to addiction, therefore, in addition to the National Prescription Drug Take-Back Day that is part of the Drug Enforcement Administration Diversion Control Program, a local, county, regional, state, or other governmental entity or private entity in conjunction with the chief law enforcement officer of a law enforcement agency may establish a take-back program for Drug Enforcement Administration (DEA) schedule I and unscheduled drugs.  

II.  A take-back program for schedule I and unscheduled drugs established by a local, county, regional, state, or other governmental entity or private entity shall enable individuals with schedule I and unscheduled drugs to voluntarily return the drugs for collection, storage, and disposal in accordance with applicable state and federal statutes and regulations.  This section shall not authorize the co-mingling of schedule I and unscheduled drugs collected under this section with schedule II-V drugs collected under RSA 318-E:1.  Any entity operating a program authorized under RSA 318-E:1 shall not be compelled to operate a program under this section.  Under this section, a person who possesses schedule I or unscheduled drugs may utilize the defense established in RSA 318-B:28-b, III-a for 2 hours after notification to an authorized take-back center for schedule I and unscheduled drugs stating that the person will be dropping off the schedule I or unscheduled drugs.

III.  The department of justice, in consultation with the pharmacy board, the department of safety, and the department of environmental services, shall establish rules, pursuant to RSA 541-A, for the collection, storage, and disposal of the collected drugs in accordance with applicable state and federal statutes and regulations.  The DEA may prohibit DEA-licensed facilities from handling schedule I drugs, therefore such rules may prohibit DEA-licensed facilities from offering a program under this section.

IV.  Nothing in the implementation of a take-back program for schedule I and unscheduled drugs shall require, at the place of collection, any individual who is returning drugs to disclose his or her personal identification in order to return the drugs within the immunity time period.

V.  Take-back programs for schedule I and unscheduled drugs established under this section may accept public and private grants and donations of money for the purpose of covering the costs of such programs, including, but not limited to public funds appropriated for this purpose.

VI.  Persons who return drugs or are seeking medical or addiction treatment may be provided with the opportunity to speak with an employee, staff member, or volunteer who shall help them to find suitable rehabilitation assistance.  Drug take-back facilities may also offer medical treatment upon an individual's request, if qualified personnel or transportation to a facility is available.

VII.  For the purposes of this section "unscheduled drugs" mean drugs with abuse potential or used as precursors for drugs with abuse potential which are not scheduled by the federal Food and Drug Administration.

3  New Paragraph; Controlled Drug Act; Immunity From Liability.  Amend RSA 318-B:28-b by inserting after paragraph III the following new paragraph:

III-a.  It shall be a defense to an offense of possessing or having under his or her control, a controlled drug in violation of RSA 318-B:2 that a person who is transporting a controlled substance to an authorized take-back center established under RSA 318-E:2, in good faith and in a timely manner, and within the time established, is in transit to the authorized take-back center.  A person who in good faith is transporting a controlled substance for disposal, and who does not engage while enroute in other illegal acts related to the controlled substance, shall not be arrested, prosecuted, or convicted for possessing, or having under his or her control, a controlled drug in violation of RSA 318-B:2, which is being transported for disposal.

4  Controlled Drug Act; Immunity From Liability.  Amend RSA 318-B:28-b, IV to read as follows:

IV.(a)  Nothing in this section shall be construed to limit the admissibility of evidence in connection with the investigation or prosecution of a crime involving a person who is not protected as provided in paragraphs II [or], III, or III-a.

(b)  Nothing in this section shall be construed to limit the lawful seizure of any evidence or contraband.

(c)  Nothing in this section shall be construed to limit or abridge the authority of a law enforcement officer to detain or place into custody a person as part of a criminal investigation, or to arrest a person for an offense not protected by the provisions of paragraphs II [or], III, or III-a.

5  Effective Date.  This act shall take effect 60 days after its passage.

Links

HB1223 at GenCourtMobile
HB1223 Discussion

Action Dates

Date Body Type
Jan. 30, 2020 House Hearing
March 3, 2020 House Exec Session

Bill Text Revisions

HB1223 Revision: 6850 Date: Dec. 2, 2019, 11:58 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Health, Human Services and Elderly Affairs HJ 1 P. 14
Jan. 30, 2020 Public Hearing: 01/30/2020 10:00 am LOB 205
Feb. 12, 2020 Subcommittee Work Session: 02/12/2020 10:00 am LOB 205
March 3, 2020 Executive Session: 03/03/2020 10:00 am LOB 205