Revision: March 9, 2020, 2:19 p.m.
SB 697-FN - AS AMENDED BY THE SENATE
03/05/2020 0771s
2020 SESSION
20-2754
01/04
SENATE BILL 697-FN
SPONSORS: Sen. Reagan, Dist 17; Sen. Kahn, Dist 10; Rep. Cushing, Rock. 21; Rep. McGuire, Merr. 29
COMMITTEE: Health and Human Services
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AMENDED ANALYSIS
This bill allows qualifying patients to access all the alternative treatment centers under the use of cannabis for therapeutic purposes law.
This bill also clarifies a provision of law regarding the limitations on the therapeutic use of cannabis.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/05/2020 0771s 20-2754
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Therapeutic Use of Cannabis Protections. Amend RSA 126-X:2, IX(c) to read as follows:
(c) Deliver, transfer, supply, sell, or dispense cannabis and related supplies and educational materials to qualifying patients [who have designated the alternative treatment center to provide for them], to designated caregivers on behalf of the qualifying patients [who have designated the alternative treatment center], or to other alternative treatment centers.
2 Departmental Administration; Registry Identification Cards. Amend RSA 126-X:4, VII(a) to read as follows:
VII.(a) The department shall track the number of qualifying patients [who have designated each alternative treatment center] and issue a weekly written statement to the alternative treatment center identifying the number of qualifying patients [who have designated that alternative treatment center] along with the registry identification numbers of each qualifying patient and each qualifying patient's designated caregiver.
3 Departmental Administration; Registry Identification Cards. Amend RSA 126-X:4, VIII to read as follows:
VIII. In addition to the weekly reports, the department shall also provide written notice to an alternative treatment center which identifies the names and registration identification numbers of a qualifying patient and his or her designated caregiver whenever [any] either of the following events occur:
(a) A qualifying patient [designates the alternative treatment center to serve his or her needs] is registered as a participating patient under this chapter; or
(b) [A qualifying patient revokes the designation of the alternative treatment center; or
(c)] A qualifying patient [who has designated the alternative treatment center] loses his or her status as a qualifying patient under this chapter.
4 Departmental Administration; Registry Identification Cards. Amend RSA 126-X:4, IX(a) to read as follows:
IX.(a) A qualifying patient shall notify the department before changing his or her designated caregiver [or alternative treatment center].
5 Departmental Administration; Registry Identification Cards. Amend RSA 126-X:4, XI(a) 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, and random 10-digit identification number[, 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.
6 Departmental Rules. Amend RSA 126-X:6, I(e) to read as follows:
(e) Fines pursuant to RSA 126-X:4, IX(e) for failure of the qualifying patient or designated caregiver to notify the department of any changes to his or her name, address, or designated caregiver in the case of a qualifying patient[, or alternative treatment center].
7 Alternative Treatment Centers; Requirements. Amend RSA 126-X:8, VII(a) to read as follows:
(a) Records of the disposal of cannabis that is not distributed by the alternative treatment center to qualifying patients [who have designated the alternative treatment center to cultivate for them].
8 Alternative Treatment Centers; Requirements. Amend RSA 126-X:8, XV(a)(2) and (b) to read as follows:
(2) Three mature 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] registered as a qualifying patient under this chapter.
(b) An alternative treatment center or alternative treatment center agent shall not dispense, deliver, or otherwise transfer cannabis to any person or entity other than:
(1) A qualifying patient [who has designated the relevant alternative treatment center]; or
(2) Such patient's designated caregiver; or
(3) Another alternative treatment center.
9 Use of Cannabis for Therapeutic Purposes; Prohibitions and Limitations on the therapeutic Use of Cannabis. Amend RSA 126-X:3, VII to read as follows:
VII. 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 violation of any other provision of this chapter, including for obtaining more than 2 ounces of cannabis in any 10-day period in violation of RSA 126-X:8, XIII(b), and the qualifying patient or designated caregiver shall be subject to any other penalties established in law for the violation.
10 Repeal. The following are repealed:
I. RSA 126-X:4, I(g), relative to patients designating an alternative treatment center.
II. RSA 126-X:4, II(e), relative to the street address of an alternative treatment center.
11 Effective Date. This act shall take effect 60 days after its passage.
20-2754
Amended 3/9/20
SB 697-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2020-0771s)
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Approximately $250,000 | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Approximately $250,000 | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Alternative Treatment Center application and registration fees. | |||
METHODOLOGY:
This bill amends RSA 126-X, the therapeutic cannabis law, to permit qualifying patients access to all Alternative Treatment Centers (ATC) within the state. The Department of Health and Human Services states that the current technology solution implemented by the ATCs does not allow a qualifying patient's dispensing history to be shared between all ATCs, and that an ATC would not be able to verify, through its own records alone, that a qualifying patient has not obtained more than 2 ounces of cannabis in a 10-day period. Accordingly, the bill may require the purchase of new technology allowing dispensing history to be accessed by all ATCs. The Department estimates that such a solution would cost approximately $250,000, plus annual operations and maintenance costs. RSA 126-X requires the therapeutic cannabis program to be self-funded through the application fees paid by qualifying patients and designated caregivers, as well as the annual registration fees paid by the four ATCs in the state. Any costs resulting from this bill may therefore result in an increase in those fees.
It is assumed the fiscal impact of this bill will not occur until FY 2021.
AGENCIES CONTACTED:
Department of Health and Human Services