Revision: Dec. 21, 2022, 1:16 p.m.
2023 SESSION
23-0238.0
04/10
HOUSE BILL [bill number]
AN ACT an act legalizing certain controlled substances for persons 21 years of age or older.
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill legalizes the possession and use of lysergic acid diethylamide (LSD), mescaline, psilocybin, and peyote for persons 21 years of age and older.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0238.0
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT an act legalizing certain controlled substances for persons 21 years of age or older.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Controlled Drug Act; Acts Prohibited. Amend RSA 318-B:2, XII to read as follows:
XII. A person is a drug enterprise leader if he conspires with one or more persons as an organizer, supervisor, financier, or manager to engage for profit in a scheme or course of conduct to unlawfully manufacture, sell, prescribe, administer, dispense, bring with or transport in this state methamphetamine, [lysergic acid diethylamide,] phencyclidine (PCP) or any controlled drug classified in schedule I or II, or any controlled drug analog thereof. A conviction as a drug enterprise leader shall not merge with the conviction for any offense which is the object of the conspiracy. Nothing in this section shall be construed to preclude or limit a prosecution or conviction of any person for conspiracy or any other offense defined in this chapter.
2 New Paragraph; Controlled Drug Act; Acts Prohibited. Amend RSA 318-B:2 by inserting after paragraph XVI the following new paragraph:
XVII. The possession or use of a hallucinogenic drug by a person 21 years of age or older shall not be an offense under this chapter.
3 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(a)(2) to read as follows:
(2) In the case of a person under 21 years of age, lysergic acid diethylamide, or its analog, in a quantity of 100 milligrams or more including any adulterants or dilutants, or phencyclidine (PCP), or its analog, in a quantity of 10 grams or more including any adulterants or dilutants.
4 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(b)(3) to read as follows:
(3) In the case of a person under 21 years of age, lysergic acid diethylamide, or its analog, in a quantity of less than 100 milligrams including any adulterants or dilutants, or where the amount is undetermined, or phencyclidine (PCP) or its analog, in a quantity of less than 10 grams, including any adulterants or dilutants, or where the amount is undetermined;
5 Effective Date. This act shall take effect January 1, 2024.