Revision: May 23, 2024, 11:16 p.m.
Sen. Bradley, Dist 3
Sen. Carson, Dist 14
Sen. Rosenwald, Dist 13
Sen. Abbas, Dist 22
May 23, 2024
2024-2176s
09/08
Floor Amendment to HB 1633-FN-A
Amend RSA 318-F:9 as inserted by section 5 of the bill by replacing it with the following:
318-F:9 Lawful Operation of Cannabis-Related Facilities.
I. The following acts shall not be illegal under New Hampshire law nor shall they be a basis for the seizure or forfeiture of assets under New Hampshire law if:
(a) The act is undertaken by a person or business entity that possesses a current, valid license defined in RSA 126-X, RSA 318-F:1, VI, VII, X, XII, XIII, or XIV;
(b) The person is acting in his or her capacity as an owner, employee, or agent of such a person or business entity; and
(c) The act is within the scope of activities authorized by the respective license as defined in subparagraphs (1)-(8):
(1) An “alternative treatment center” registered pursuant to RSA 126-X shall be entitled legally to sell, offer for sale, transfer, transport, and deliver therapeutic grade cannabis products to cannabis establishments.
(2) A “cannabis cultivation facility” license or “cultivation facility” license as defined in RSA 318-F:1, VI, shall entitle the person or business entity possessing such license legally to cultivate, harvest, process, package, transport, distribute, display, and possess cannabis; to obtain or purchase cannabis seeds, clones, and seedlings from any adult 21 years of age or older; to deliver or transfer cannabis to a cannabis testing facility; to sell or transfer cannabis that has not been processed into cannabis concentrate or other cannabis product to cannabis cultivation facilities, cannabis product manufacturing facilities, and cannabis retail stores; and to obtain or purchase cannabis from a cannabis cultivation facility.
(3) A “cannabis distributor” license as defined in RSA 318-F:1, VII or a “cannabis transporter” license as defined in RSA 318-F:1, XV, shall entitle the person or business entity possessing such license legally to possess, obtain, cultivate, process, store, transport, distribute, and receive cannabis obtained from a cannabis establishment.
(4) A “cannabis product manufacturing facility” license as defined in RSA 318-F:1, X, shall entitle the person or business entity possessing such license legally to package, process, transport, manufacture, display, and possess cannabis and cannabis products; to deliver or transfer cannabis and cannabis products to a cannabis testing facility; to sell cannabis and cannabis products to cannabis retail stores and cannabis product manufacturing facilities; to purchase or obtain cannabis from cannabis cultivation facilities and cannabis production facilities; and to purchase or obtain cannabis or cannabis products from a cannabis product manufacturing facility.
(5) A “cannabis production facility” license as defined in RSA 318-F:1, XII, shall entitle the person or business entity possessing such license legally to cultivate, prepare, and package cannabis and manufacture, prepare, and package cannabis products within the same premises; to transport and sell cannabis to other cannabis production facilities, cannabis cultivation facilities, cannabis product manufacturing facilities, and cannabis retails stores, but not to consumers; and to transport and sell cannabis products to other cannabis production facilities, cannabis product manufacturing facilities, and cannabis retail stores, but not to consumers.
(6) A “cannabis retail store” license as defined in RSA 318-F:1, XIII, shall entitle the person or business entity possessing such license legally to possess, display, warehouse, transport, and distribute cannabis and cannabis products; to obtain or purchase cannabis from cannabis cultivation facilities and cannabis production facilities; to deliver or transfer cannabis to a cannabis testing facility; to obtain or purchase cannabis or cannabis products from cannabis product manufacturing facilities and cannabis production facilities; to obtain or purchase therapeutic grade cannabis products from an alternative treatment center; to sell cannabis or cannabis products to an adult who is 21 years of age or older; to sell therapeutic grade cannabis products to qualified patients and designated caregivers as defined in RSA 126-X:1; to distribute cannabis and cannabis products to other cannabis retail stores; and to distribute therapeutic grade cannabis to alternative treatment centers.
(7) A “cannabis testing facility” license as defined in RSA 318-F:1, XIV, shall entitle the person or business entity possessing such a license legally to possess, test, store, transport, receive, and display cannabis and cannabis products.
(8) A “cannabis establishment” license as defined in RSA 318-F:1, IX, shall entitle the person or business possessing such license legally to engage in any activities involving cannabis or cannabis products that are within the scope of the activities allowed by the commission for that type of cannabis establishment.
II. Leasing or otherwise allowing the use of property owned, occupied, or controlled by any person, corporation, or other entity for any of the activities conducted lawfully in accordance with this chapter shall not for that reason be unlawful.
III. It shall not be illegal under New Hampshire law to sell, offer for sale, transfer, transport, or deliver cannabis to establishments licensed to process or sell cannabis under the laws of other states if the person or business entity has obtained a current, valid license to operate a cannabis transporter, cannabis distributor, cannabis product manufacturing facility, cannabis production facility, or cannabis cultivation facility, or is acting in his or her capacity as an owner, employee, or agent of a cannabis transporter, cannabis distributor, cannabis product manufacturing facility, cannabis production facility, or cannabis cultivation facility, and marijuana is no longer scheduled as a controlled substance as defined under the Federal Controlled Substances Act, 21 U.S.C. section 801, et. seq.