Bill Text - HB605 (2021)

Relative to the therapeutic cannabis program.


Revision: Jan. 14, 2021, 12:20 p.m.

HB 605-FN - AS INTRODUCED

 

 

2021 SESSION

21-0014

04/06

 

HOUSE BILL 605-FN

 

AN ACT relative to the therapeutic cannabis program.

 

SPONSORS: Rep. Conley, Straf. 13; Rep. Chase, Straf. 18; Rep. Acton, Rock. 10; Rep. Moran, Hills. 34; Rep. McWilliams, Merr. 27; Rep. Cushing, Rock. 21

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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ANALYSIS

 

This bill:

 

I.  Establishes protections for authorized employees of the department of health and human services when possessing or transporting cannabis or cannabis-infused products pursuant to statute.

 

II.  Makes various changes to the law regarding the use of cannabis for therapeutic purposes, including clarifying the information required on the registry identification cards.

 

III.  Adds opioid use disorder to the qualifying medical conditions under the use of cannabis for therapeutic purposes law.

 

IV.  Adds moderate to severe insomnia to the definition of "qualifying medical condition" for the purposes of the use of cannabis for therapeutic purposes law.

 

V.  Permits out-of-state residents qualified in other jurisdictions to purchase therapeutic cannabis at New Hampshire therapeutic dispensaries.

 

VI.  Repeals the therapeutic cannabis advisory council.

 

VII.  Requires alternative treatment centers to prepare information regarding the risk of cannabis use during pregnancy and requires the commissioner of the department of health and human services to prepare a brochure relative to the risk of cannabis use during pregnancy and while breastfeeding.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0014

04/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to the therapeutic cannabis program.

 

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

 

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

I.  "Alternative treatment center" means a not-for-profit entity registered under RSA 126-X:7 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, and dispenses cannabis, and related supplies and educational materials, to qualifying patients [and], designated caregivers, other alternative treatment centers, and visiting qualifying patients.

2  Use of Cannabis for Therapeutic Purposes; Definitions.  Amend RSA 126-X:1, VII(b) to read as follows:

(b)  For a visiting qualifying patient, "provider" means an individual licensed to prescribe drugs to humans in the state of the patient's residence and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances.  [Such visiting patient shall not be eligible to purchase or transfer cannabis from an eligible New Hampshire patient].

3  Use of Cannabis for Therapeutic Purposes; Definitions.  Amend RSA 126-X:1, IX(a)(2) to read as follows:

(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 moderate to severe insomnia; or

4  New Subparagraph; Use of Cannabis for Therapeutic Purposes; Definitions.  Amend RSA 126-X:1, IX(b) by inserting after subparagraph (3) the following new subparagraph:

(4)  Opioid use disorder, with the following restrictions:

(A)  When certified only by a Drug Addiction Treatment Act (DATA 2000) waivered clinician providing medication assisted treatment for opioid use disorder or a certified addiction medicine or addiction psychiatry physician; and

(B)  With associated symptoms of cravings and/or withdrawal.

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

XI.  "Registry identification card" means a document indicating the date issued, effective date, and expiration date by the department pursuant to RSA 126-X:4 that identifies an individual as a qualifying patient or a designated caregiver.

6  Use of Cannabis for Therapeutic Purposes; Definitions.  Amend RSA 126-X:1, XIII(b) to read as follows:

(b)  Cultivation or purchase by a visiting qualifying patient from a qualifying patient or designated caregiver; or

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

XVI.  "Visiting qualifying patient" means a [patient with a qualifying medical condition who is not a resident of New Hampshire or who has been a resident of New Hampshire for fewer than 30 days and is not eligible to purchase therapeutic cannabis in New Hampshire or receive cannabis from a qualifying New Hampshire patient] person who is not a resident of New Hampshire, or who has been a resident of New Hampshire for fewer than 90 days, who has been issued a valid registry identification card, or its equivalent, under the laws of another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of another country, that allows, in the jurisdiction of issuance, that person to possess cannabis for therapeutic purposes.

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

XVII.  "Written certification" means documentation of a qualifying medical condition by a provider pursuant to rules adopted by the department pursuant to RSA 541-A for the purpose of issuing registry identification cards, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a provider-patient relationship.  [The date of issuance and the patient's qualifying medical condition, symptoms or side effects, the certifying provider's name, medical specialty, and signature shall be specified on the written certification.]

9  Use of Cannabis for Therapeutic Purposes; Therapeutic Use of Cannabis Protections.  Amend RSA 126-X:2, V to read as follows:

V.  A valid registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of another country that allows, in the jurisdiction of issuance, a visiting qualifying patient to possess cannabis for therapeutic purposes, shall have the same force and effect and be subject to the same restrictions as a valid registry identification card issued by the department in this state, provided that[:

(a)  The visiting qualifying patient shall also produce a statement from his or her provider stating that the visiting qualifying patient has a qualifying medical condition as defined in RSA 126-X:1; and

(b)]  a visiting qualifying patient shall not cultivate or purchase cannabis in New Hampshire or obtain cannabis from [alternative treatment centers or from] a qualifying New Hampshire patient or designated caregiver.

10  New Paragraph; Use of Cannabis for Therapeutic Purposes; Protections.  Amend RSA 126-X:2 by inserting after paragraph XVI the following new paragraph:

XVII.  Authorized employees of the department shall not be subject to arrest by state or local law enforcement, prosecution, or penalty under state or municipal law, or search, when possessing, transporting, delivering, or transferring cannabis or cannabis infused products for the purposes of regulatory oversight related to this chapter.

11  Use of Cannabis for Therapeutic Purposes; Prohibitions and Limitations on the Therapeutic Use of Cannabis.  Amend RSA 126-X:3, VIII to read as follows:

VIII.  A facility caregiver shall treat cannabis in a manner similar to [medications] other narcotics with respect to its storage, security, and administration when assisting qualifying patients with the therapeutic use of cannabis.

12  Use of Cannabis for Therapeutic Purposes; Registry Identification Cards.  Amend RSA 126-X:4, I(a) and (b) to read as follows:

(a)  Written certification [as defined in RSA 126-X:1] which includes the date of issuance, the patient’s qualifying medical condition, symptoms, or side effects, and the certifying provider’s name, medical specialty, and signature.  If a written certification has been previously issued for fewer than 3 years, a provider may extend the written certification, provided that the written certification shall not exceed 3 years.

(b)  An application or a renewal application accompanied by the application or renewal fee.  A renewal application and fee shall not be required if the applicant receives an extension to the written certification previously issued for fewer than 3 years.

13  Use of Cannabis for Therapeutic Purposes; Registry Identification Cards.  Amend RSA 126-X:4, I(e) and the introductory paragraph of RSA 126-X:4, I(f) to read as follows:

(e)  Name[, address, and telephone number] of the applicant's provider.

(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:

14  Use of Cannabis for Therapeutic Purposes; Registry Identification Cards.  Amend RSA 126-X:4, II(d) to read as follows:

(d)  Name, residential and mailing address, and date of birth of each qualifying patient for whom the applicant will act as designated caregiver, except that if the qualifying patient is homeless, no residential address is required.  [An applicant shall not act as a designated caregiver for more than 5 qualifying patients.]

15  Use of Cannabis for Therapeutic Purposes; Registry Identification Cards.  Amend the introductory paragraph and RSA 126-X:4, IV and RSA 126-X:4, IV(a)-(b) to read as follows:

IV.  The department shall create and issue a registry identification card to a person applying as a qualifying patient or designated caregiver within 5 days of approving an application or renewal.  Each registry identification card shall expire one year after the [date of issuance] effective date of the card, unless the provider states in the written certification that the certification should expire at an earlier [specified] or later effective date, not to exceed 3 years, then the registry identification card shall expire on that date.  Registry identification cards shall contain all of the following:

(a)  Name, mailing address, and date of birth of the qualifying patient or designated caregiver.

(b)  The date of issuance, effective date, and expiration date of the registry identification card.  

16  Use of Cannabis for Therapeutic Purposes; 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, effective date of registry identification card, date of registry identification card expiration, 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.

17  Use of Cannabis for Therapeutic Purposes; Registry Identification Cards.  Amend RSA 126-X:4, XI(b)(5) to read as follows:

(5)  Counsel for the department may notify law enforcement officials about falsified or fraudulent information submitted to the department where counsel has [made a legal determination that there is probable cause] reason to believe the information is false or falsified.

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

(b)  The form and content of providers' written certifications, including the administrative process for tracking extensions pursuant to RSA 126-X:4, I.

19  Use of Cannabis for Therapeutic Purposes; Therapeutic Cannabis Medical Oversight Board.  Amend RSA 126-X:12, VI to read as follows:

VI.  On or before January 1 of each year, the board shall make a report to the president of the senate, the speaker of the house of representatives, the oversight committee on health and human services established under RSA 126-A:13, the board of medicine, and the board of nursing[, and the therapeutic use of cannabis advisory council established in RSA 126-X:9].

20  Statement of Intent.  The general court recognizes that the United States Surgeon General and the Centers for Disease Control and Prevention have concerns that perinatal exposure to cannabis increases the incidence of low birth weight infants and of subsequent learning disabilities.  Therefore the general court hereby addresses these concerns in sections 21-22 of this act.

21  New Subparagraphs; Use of Cannabis for Therapeutic Purposes; Alternative Treatment Centers; Requirements.  Amend RSA 126-X:8, XVI(c) by inserting after subparagraph (6) the following new subparagraphs:

(7)  Information about the risks of cannabis use during pregnancy and while breastfeeding, including the risk of low birth weight and developmental issues.  Such information shall include the posting of a warning poster regarding the risks of cannabis use during pregnancy and while breastfeeding in a conspicuous location at the alternative treatment center’s dispensary location.

(8)  Information regarding safe storage and disposal of cannabis and paraphernalia to prevent accidental poisonings, including the contact information for the Northern New England Poison Control Center.

22  New Paragraph; Use of Cannabis for Therapeutic Purposes; Duties.  Amend RSA 132:2 by inserting after paragraph XI the following new paragraph:

XII.  Prepare, in conjunction with the bureau of alcohol and drug services and the division of public health services, a brochure and a poster which provides information relative to the risks of cannabis use during pregnancy and while breastfeeding and which shall be posted and available to the public in all alternative treatment centers pursuant to RSA 126-X:8.

23  Repeal.  The following are repealed:

I.  RSA 126-X:4, II(e), relative to street address of the alternative treatment center.

II.  RSA 126-X:4, IX(e), relative to failure of a qualifying patient or designated caregiver for providing changes to name, address or designated caregiver.

III.  RSA 126-X:6, I(e), relative to departmental rules regarding certain fines.

IV.  RSA 126-X:9, relative to therapeutic cannabis advisory council.

24  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.

25  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.

26  New Paragraphs; Use of Cannabis for Therapeutic Purposes; Definitions.  Amend RSA 126-X:1 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.

27  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.

28  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.

29  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:

(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:

(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.  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 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.  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.

30  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.

31  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.

32  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.

33  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.

34  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.

35  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.

36  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, 2020, 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.

37  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.

38  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.

39  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.

40  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.

41  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).

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

 

LBA

21-0014

1/13/21

 

HB 605-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the therapeutic cannabis program.

 

FISCAL IMPACT:

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Department of Health and Human Services.  When completed, the fiscal note will be forwarded to the House Clerk's Office.

 

AGENCIES CONTACTED:

Department of Health and Human Services