Revision: May 15, 2024, 5:05 p.m.
Sen. Chandley, Dist 11
Sen. Whitley, Dist 15
Sen. Rosenwald, Dist 13
May 15, 2024
2024-1975s
09/08
Floor Amendment to HB 1633-FN-A
Amend RSA 318-F:3 as inserted by section 5 of the bill by replacing it with the following:
318-F:3 Smoking or Vaping Cannabis in Public Prohibited; Penalty.
No person shall smoke or vaporize cannabis in an area accessible to the public.
I. First offense: Any person who violates this section shall be guilty of a violation and shall be fined not more than $100 for the first offense and shall forfeit all cannabis and cannabis products.
II. Second offense: Any person who violates this section a second time within 5 years of the first conviction under this section shall be guilty of a violation and shall be fined not more than $500 and shall forfeit all cannabis and cannabis products on their person.
III. Subsequent offense: Any person who violates this section a third or more time, when having 2 prior convictions within 5 years of the third or subsequent offense, shall be guilty of a misdemeanor.
Amend RSA 318-F:7 as inserted by section 5 of the bill by replacing it with the following:
318-F:7 Non-Discrimination for State-Legal Cannabis Activities and Prior Convictions.
I. Except as provided in this section, a holder of a professional or occupational license may not be subject to professional discipline or civil or criminal prosecution for:
(a) Providing professional services related to cannabis establishments or applications to operate cannabis establishments on the basis that cannabis is illegal under federal law; or
(b) Engaging in activities allowed by this chapter.
II. An applicant for a professional or occupational license may not be denied a license based on:
(a) Previous employment related to cannabis establishments operating in accordance with state law.
(b) A prior conviction for a non-violent cannabis offense that did not involve harvesting, cultivating, manufacturing, trafficking, or distribution.
(c) Engaging in activities allowed by this chapter.
III. Except as provided in this section, neither the state nor any of its political subdivisions may impose any penalty or deny any benefit or entitlement for conduct permitted under this chapter or for the presence of cannabinoids or cannabinoid metabolites in the urine, blood, saliva, breath, hair, or other tissue or fluid of a person who is 21 years of age or older.
IV. Except as provided in this section, neither the state nor any of its political subdivisions may deny a driver’s license, a professional license, housing assistance, social services, or other benefits based on cannabis use permitted under this chapter or for the presence of cannabinoids or cannabinoid metabolites in the urine, blood, saliva, breath, hair, or other tissue or fluid of a person who is 21 years of age or older.
V. A person shall not be denied custody of or visitation with a minor for acting in accordance with this chapter, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.
VI. This section does not prevent an employer, state, or any of its political subdivisions from disciplining an employee or contractor for using cannabis products in the workplace, not providing the duties of their employment or contract, or for working while impaired by cannabis.
(a) The protections provided by this section do not apply to the extent that they conflict with a governmental employer’s obligations under federal law or regulations or to the extent that they would disqualify the entity from a monetary or licensing-related benefit under federal law or regulations.
(b) This section does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, disciplinary, or other penalties, including discipline or termination by a governmental employer for engaging in, any task while under the influence of cannabis, when doing so would constitute negligence or professional malpractice.
VIII. For the purposes of medical care, including organ and tissue transplants, the use of cannabis does not constitute the use of an illicit substance or otherwise disqualify a person from needed medical care and may only be considered with respect to evidence-based clinical criteria.
IX. Notwithstanding any other provision of law, unless there is a specific finding that the individual’s use, harvesting, cultivation, manufacturing, or possession of cannabis could create a danger to the individual or another person, or the person is charged with an offense in violation of this chapter, it shall not be a violation of conditions of parole, probation, or pre-trial release to:
(a) Engage in conduct allowed by this chapter; or
(b) Test positive for cannabis, tetrahydrocannabinol, or any other cannabinoid or metabolite of cannabis.
X. This section does not authorize any person to engage in, and does not prevent the imposition of any penalties for engaging in, the following conduct:
(a) Undertaking any task under the influence of cannabis, when doing so would constitute negligence or professional malpractice.
(b) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, or motorboat while under the influence of cannabis.
Amend RSA 318-F:13, II(b)(3) as inserted by section 5 of the bill by replacing it with the following:
(3) No person or business entity may have a threshold financial interest in more than one cannabis establishment of any single category.
Amend RSA 318-F:13, II(c)(6) as inserted by section 5 of the bill by replacing it with the following:
(6) Prior experience of the applicant in operating an alternative treatment center or other facility that cultivates, manufactures, or sells cannabis and/or cannabis products pursuant to and in accordance with the laws of the state of New Hampshire or another state. Preference shall be given to applicants with prior experience in operating an alternative treatment center or other facility that cultivates, manufactures, or sells cannabis and/or cannabis products pursuant to the laws of New Hampshire, provided that such applicants meet the rules and requirements established under section 318-F:13, II.