Revision: May 15, 2024, 5:05 p.m.
Sen. Bradley, Dist 3
May 14, 2024
2024-1946s
09/08
Floor Amendment to HB 1633-FN-A
Amend the bill by replacing section 2 with the following:
2 New Subparagraphs; Application of Receipts; Cannabis Fund. Amend RSA 6:12, I(b) by inserting after subparagraph 394 the following new subparagraphs:
(395) Moneys deposited in the cannabis fund established in RSA 318-F:20.
Amend RSA 318-F:1, V as inserted by section 5 of the bill by replacing it with the following:
V. “Cannabis concentrate” means the resin extracted from any part of a cannabis plant and every compound, manufacture, salt, derivative, mixture, or preparation from such resin, including, but not limited to, hashish.
Amend RSA 318-F:1, XXXVI as inserted by section 5 of the bill by replacing it with the following:
XXXVI. “Public place” means any place to which the general public has access.
Amend RSA 318-F:1 as inserted by section 5 of the bill by deleting RSA 318-F:1, XLIV.
Amend RSA 318-F:2 as inserted by section 5 of the bill by replacing it with the following:
I. Possessing, consuming, using, displaying, obtaining, purchasing, processing, manufacturing, or transporting an amount of cannabis that does not exceed the possession limit.
II. Transferring cannabis, including cannabis products, to a cannabis testing facility.
III. Controlling property where the acts described under this section occur.
IV. Assisting another person who is 21 years of age or older in any of the acts described under this section.
V. Personal cultivation is prohibited. No person shall cultivate cannabis plants for personal use unless otherwise authorized by New Hampshire law.
Amend RSA 318-F as inserted by section 5 of the bill by deleting RSA 318-F:7 and renumbering the original RSA 318-F:8 through 318-F:22 to read as RSA 318-F:7 through 318-F:21, respectively.
Amend RSA 318-F:11 as inserted by section 5 of the bill by replacing it with the following:
318-F:11 Enforcement Activity Verifying Noncompliance.
It shall be a misdemeanor to sell any cannabis, cannabis product, cannabis accessories or cannabis paraphernalia to a minor during enforcement activity initiated solely for the purpose of verifying noncompliance with RSA 318-F:5. It shall be a class A misdemeanor to knowingly sell cannabis, cannabis product, or cannabis paraphernalia to a minor at the time of any such enforcement activity. The commission shall retain the right to require the licensee or franchisee in such a circumstance to initiate additional training of its staff or individual employees. This section shall not apply to law enforcement initiatives involving surveillance, investigations, or criminal complaints of RSA 318-F:5.
Amend RSA 318-F:12, II(r)(2) as inserted by section 5 of the bill by replacing it with the following:
(2) That testing shall include, but not be limited to, analysis for residual solvents, poisons, or toxins; harmful chemicals; dangerous molds or mildew; filth; dangerous herbicides, pesticides, and fungicides; heavy metals; harmful microbials, such as E. coli or salmonella; and such other substances as the commission shall adopt by rule;
Amend RSA 318-F:12, III(c) as inserted by section 5 of the bill by replacing it with the following:
(c) Establishing the maximum amount of THC that may be included in each cannabis product serving as 10 milligrams and no more than 200 milligrams per package and a concentration of no more than 15 percent THC.
Amend RSA 318-F:12, III(e)(4) as inserted by section 5 of the bill by replacing it with the following:
(4) A prohibition on giveaways of cannabis, cannabis products, or cannabis accessories, including samples;
Amend RSA 318-F:12, III(f)(7) as inserted by section 5 of the bill by replacing it with the following:
(7) Warnings, including, but not limited to, those described in RSA 318-F:13.
Amend RSA 318-F:12, VI as inserted by section 5 of the bill by replacing it with the following:
VI. Not later than 30 months after the effective date of this chapter, the commission, in consultation with the department, shall develop an informational handout, which cannabis retail store shall make available to all consumers, and which shall include information detailed in RSA 318-F:13.
Amend RSA 318-F:20, V(a) as inserted by section 5 of the bill by replacing it with the following:
(a) The municipality where the cannabis retail store is located shall receive 1/15 of the total fees collected from the cannabis retail store pursuant to RSA 318-F:16; and
Amend the bill by replacing section 16 with the following:
16 Apportionment, Assessment and Abatement of Taxes; Assessment; Education Tax. Amend RSA 76:3 to read as follows:
76:3 Education Tax. Beginning July 1, 2005, and every fiscal year thereafter, the commissioner of the department of revenue administration shall set the education tax rate at a level sufficient to generate revenue of $363,000,000, less any amount credited to the education trust fund pursuant to RSA 318-F:20, when imposed on all persons and property taxable pursuant to RSA 76:8, except property subject to tax under RSA 82 and RSA 83-F. The education property tax rate shall be effective for the following fiscal year. The rate shall be set to the nearest 1/2 cent necessary to generate the revenue required in this section.
Amend paragraphs I-II as inserted by section 31 of the bill by replacing it with the following:
I. The sum of $100,000 annually to the department of health and human services, for data collection and reporting related to the health impacts of cannabis legalization and regulation under RSA 318-F:9. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
II. The sum of $8,000,000 for the fiscal year ending June 30, 2025 is hereby appropriated to the liquor commission for deposit into the cannabis fund established in RSA 318-F:20 for the administration of RSA 318-F. Said appropriation shall be a charge against the liquor fund.