Revision: March 5, 2024, 10:59 a.m.
Health, Human Services and Elderly Affairs
February 28, 2024
2024-0887h
05/06
Amendment to HB 1231
Amend the introductory paragraph of RSA 126-X:2, II-a as inserted by section 5 of the bill by replacing it with the following:
II-a. Except as provided in RSA 126-X:3, VII(b), a qualifying patient or designated caregiver who has reported to the department a cultivation location that meets the requirements of this chapter, 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, at the cultivation location, 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, or while transporting cannabis seedlings from an alternative treatment center to the cultivation location, the qualifying patient or designated caregiver possesses or cultivates an amount of cannabis that does not exceed the following:
Amend the introductory paragraph of RSA 126-X:4, XIII(a) as inserted by section 13 of the bill by replacing it with the following:
XIII.(a) No later than December 1, 2024, the department shall allow existing and new qualifying patients and designated caregivers to report a cultivation location provided that:
Amend the bill by replacing section 14 with the following:
14 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, 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 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 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.