Bill Text - HB605 (2021)

Relative to the therapeutic cannabis program.


Revision: May 20, 2021, 9:10 a.m.

Sen. Gray, Dist 6

Sen. Sherman, Dist 24

May 20, 2021

2021-1603s

04/06

 

 

Floor Amendment to HB 605-FN

 

Amend the bill by replacing section 5 with the following:

 

5  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 Canada 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] A visiting qualifying patient shall not purchase cannabis at an alternative treatment center more than 3 times in a 12-month period, unless the visiting qualifying patient produces a statement from his or her health care 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 or purchase cannabis from [alternative treatment centers or from] a [qualifying] New Hampshire qualifying patient or designated caregiver.

 

Amend the bill by inserting after section 6 the following and renumbering the original section 7 to read as 9:

 

7  Use of Cannabis for Therapeutic Purposes; 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, to visiting qualifying patients, or to other alternative treatment centers.

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

(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; or

(4)  A visiting qualifying patient.

2021-1603s

AMENDED ANALYSIS

 

This bill

 

I.  Adds opioid use disorder as a qualifying medical condition for the purpose of the therapeutic use of cannabis.

 

II.  Amends the definitions of "alternative treatment center" and "therapeutic use" and "visiting qualifying patient" in the therapeutic cannabis statute.

 

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

 

IV.  Requires the department of health and human services to adopt rules regarding an alternative treatment center's verification of a visiting qualifying patient's identification.

 

V.  Permits an alternative treatment center to dispense therapeutic cannabis to a visiting qualifying patient and protects the alternative treatment center from prosecution for such distribution.