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1 Repeal. The following are repealed:
I. RSA 318-B:1, X-a, relative to drug paraphernalia.
II. RSA 318-B:2, II, relative to possession or delivery of drug paraphernalia.
III. RSA 318-B:2, II-a, relative to the sale of drug paraphernalia.
IV. RSA 318-B:2, III, relative to advertising or promoting the sale of drug paraphernalia.
V. RSA 318-B:2, IV, relative to the circumstances for determining if an object is drug paraphernalia.
VI. RSA 318-B:26, III(c), relative to the penalties for drug paraphernalia.
VII. RSA 318-B:26, III(d), relative to the penalty for advertising drug paraphernalia.
2 New Paragraph; Controlled Drug Act; Penalties for Non-violent Drug Offenses. Amend RSA 318-B:26 by inserting after paragraph X the following new paragraph:
X-a.(a) A person who commits an offense that violates a provision of this chapter for which a penalty is specified in paragraphs I-IX-a where no element of the offense involves an act of violence or threat of violence, shall not be subject to the penalties specified in paragraphs I-IX-a, but shall be penalized as follows:
(1) For offenses involving cocaine, heroin, methamphetamine, lysergic acid methylamine (LSD), or phencyclidine (PCP), $40 per gram; and
(2) For offenses involving any other controlled drug prohibited under this chapter, $20 per gram.
(b) In this paragraph, the term "act of violence" means attempting to cause or purposely or recklessly causing bodily injury or serious bodily injury with or without a deadly weapon; and the term "threat of violence" means placing or attempting to place another in fear of imminent bodily injury either by physical menace or by threats to commit a crime against the person of the other.
3 Controlled Drug Act; Penalties. Amend RSA 318-B:26, XI to read as follows:
XI. Any person who violates any provision of this chapter for which a penalty is not provided by paragraphs I through IX shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.
4 Effective Date. This act shall take effect January 1, 2023.
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1 Repeal. The following are repealed:
I. RSA 318-B:1, X-a, relative to drug paraphernalia.
II. RSA 318-B:2, II, relative to possession or delivery of drug paraphernalia.
III. RSA 318-B:2, II-a, relative to the sale of drug paraphernalia.
IV. RSA 318-B:2, III, relative to advertising or promoting the sale of drug paraphernalia.
V. RSA 318-B:2, IV, relative to the circumstances for determining if an object is drug paraphernalia.
VI. RSA 318-B:26, III(c), relative to the penalties for drug paraphernalia.
VII. RSA 318-B:26, III(d), relative to the penalty for advertising drug paraphernalia.
2 New Paragraph; Controlled Drug Act; Penalties for Non-violent Drug Offenses. Amend RSA 318-B:26 by inserting after paragraph X the following new paragraph:
X-a.(a) A person who commits an offense that violates a provision of this chapter for which a penalty is specified in paragraphs I-IX-a where no element of the offense involves an act of violence or threat of violence, shall not be subject to the penalties specified in paragraphs I-IX-a, but shall be penalized as follows:
(1) For offenses involving cocaine, heroin, methamphetamine, lysergic acid methylamine (LSD), or phencyclidine (PCP), $40 per gram; and
(2) For offenses involving any other controlled drug prohibited under this chapter, $20 per gram.
(b) In this paragraph, the term "act of violence" means attempting to cause or purposely or recklessly causing bodily injury or serious bodily injury with or without a deadly weapon; and the term "threat of violence" means placing or attempting to place another in fear of imminent bodily injury either by physical menace or by threats to commit a crime against the person of the other.
3 Controlled Drug Act; Penalties. Amend RSA 318-B:26, XI to read as follows:
XI. Any person who violates any provision of this chapter for which a penalty is not provided by paragraphs I through IX , or paragraph X-a, shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.
4 Effective Date. This act shall take effect January 1, 2023.