SB 426-FN - AS AMENDED BY THE SENATE
03/21/2024 1137s
2024 SESSION
24-3039
09/08
SENATE BILL 426-FN
AN ACT relative to the transportation of marijuana in a motor vehicle or OHRV.
SPONSORS: Sen. Gannon, Dist 23; Sen. Watters, Dist 4; Sen. Avard, Dist 12; Sen. Gendreau, Dist 1; Sen. Soucy, Dist 18; Rep. M. Pearson, Rock. 34; Rep. Hobson, Rock. 14
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill amends the requirements for transporting marijuana in a vehicle or OHRV.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/21/2024 1137s 24-3039
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the transportation of marijuana in a motor vehicle or OHRV.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Other Alcohol and Drug Offenses; Transporting Alcoholic Beverages or Marijuana. Amend RSA 265-A:44 to read as follows:
265-A:44 Transporting Alcoholic Beverages or Marijuana.
I.(a) The words "liquor" and "beverage" as used in this section shall have the same meanings as defined in RSA 175:1.
(b) The word "marijuana" as used in this section shall have the same meaning as defined in RSA 318-B and shall not include therapeutic cannabis as authorized under RSA 126-X.
II. Except as provided in paragraph V, no driver shall transport, carry, possess, or have any liquor or beverage within the passenger area of any motor vehicle or OHRV upon any way in this state except in the original container and with the seal unbroken. Securely capped partially filled containers of liquor or beverages shall be stored and transported in the trunk of the motor vehicle or OHRV. If the motor vehicle or OHRV does not have a trunk, such containers shall be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver.
II-a. Except as provided in paragraph V, no driver shall transport, carry, possess, or have any marijuana within the passenger area of any motor vehicle or OHRV upon any way in this state except in the original container and with the seal unbroken. Securely capped partially filled containers of marijuana, or marijuana in any other form of unsealed packaging, shall be stored and transported in the trunk of the motor vehicle or OHRV. If the motor vehicle or OHRV does not have a trunk, such containers shall be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver or in the glove compartment.
III. Except as provided in paragraph V, no passenger shall carry, possess, or have any liquor or beverage within any passenger area of any motor vehicle or OHRV upon any way or in an area principally used for public parking in this state except in the original container and with the seal unbroken. Securely capped partially filled containers of liquor or beverages may be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver.
III-a. Except as provided in paragraph V, no passenger shall carry, possess, or have any marijuana within any passenger area of any motor vehicle or OHRV upon any way or in an area principally used for public parking in this state except in the original container and with the seal unbroken. Securely capped partially filled containers of marijuana, or marijuana in any other form of unsealed packaging, may be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver or in the glove compartment.
IV. A person who violates this section shall be guilty of a violation and shall be subject to a fine of $150. In addition, a person who violates paragraph II or II-a of this section may have his or her drivers' license, if a resident, or driving privilege, if a nonresident, suspended 60 days for a first offense and up to one year for a second or subsequent offense.
V. This section shall not apply to persons transporting, carrying, possessing, or having any liquor, [or] beverage, or marijuana in a chartered bus, in a taxi, or in a limousine for hire; provided, however, that the driver of any of said vehicles is prohibited from having any liquor, [or] beverage, or marijuana in or about the driver's area.
VI. For the purposes of this section only:
(a) "Passenger area of any motor vehicle or OHRV" shall not include any section of a motor vehicle or OHRV which has been designed or modified for the overnight accommodation of persons or as living quarters.
(b) "Way" shall mean the entire width between the boundary lines of any public highway, street, avenue, road, alley, park, or parkway, or any private way laid out under authority of statute, or any such way provided and maintained by a public institution to which state funds are appropriated for public use or any such way which has been used for public travel for 20 years.
2 Other Alcohol and Drug Offenses; Transportation of Alcoholic Beverages or Marijuana by a Minor. Amend RSA 265-A:45 to read as follows:
265-A:45 Transportation of Alcoholic Beverages or Marijuana by a Minor.
I. Notwithstanding RSA 265-A:44, II and II-a, no driver under the age of 21 shall, except when accompanied by a parent, stepparent, legal guardian, grandparent, step-grandparent, or legal age spouse, domestic partner, or sibling, transport any liquor, [or] beverage, or marijuana in any part of a vehicle. A driver violating this section may have his or her license or privilege to drive suspended for 60 days.
II. No person operating a boat while under the age of 21 shall, except when accompanied by a parent, stepparent, legal guardian, grandparent, step-grandparent, or legal age spouse, domestic partner, or sibling, transport any liquor, [or] beverage, or marijuana in any part of a boat with an intent to consume such liquor, [or] beverage, or marijuana. Anyone violating this paragraph may, following a hearing, have his or her privilege to operate a boat on the waters of the state suspended for 90 days and may additionally have his or her license or privilege to drive suspended for 90 days.
III. The words "liquor" and "beverage" as used in this section shall have the same meanings as defined in RSA 175:1. "Legal age spouse" means a person 21 years of age or older. "Marijuana” shall have the same meaning as defined in RSA 318-B and shall not include therapeutic cannabis as authorized under RSA 126-X.
IV. This section shall not apply to a driver under 21 years of age employed under RSA 179:23.
3 Effective Date. This act shall take effect January 1, 2025.
24-3039
Amended 3/25/24
SB 426-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2024-1137s)
AN ACT relative to the transportation of marijuana in a motor vehicle or OHRV.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Amendment |
|---|---|
| March 14, 2024 | 2024-1137s |
| Date | Body | Type |
|---|---|---|
| Jan. 11, 2024 | Senate | Hearing |
| Jan. 11, 2024 | Senate | Hearing |
| March 21, 2024 | Senate | Floor Vote |
| April 17, 2024 | House | Hearing |
| April 19, 2024 | House | Exec Session |
| April 19, 2024 | House | Exec Session |
| April 24, 2024 | House | Exec Session |
April 16, 2024: Executive Session: 04/24/2024 11:00 am LOB 202-204
April 11, 2024: ==CANCELLED== Executive Session: 04/19/2024 01:00 pm LOB 202-204
April 10, 2024: Executive Session: 04/19/2024 09:30 am LOB 202-204
April 10, 2024: Public Hearing: 04/17/2024 11:00 am LOB 202-204
April 2, 2024: Introduced (in recess of) 03/28/2024 and referred to Criminal Justice and Public Safety HJ 10
March 21, 2024: Ought to Pass with Amendment 2024-1137s, MA, VV; OT3rdg; 03/21/2024; SJ 7
March 21, 2024: Committee Amendment # 2024-1137s, AA, VV; 03/21/2024; SJ 7
March 14, 2024: Committee Report: Ought to Pass with Amendment #2024-1137s, 03/21/2024; Vote 5-0; CC; SC 11
Jan. 3, 2024: Hearing: 01/11/2024, Room 100, SH, 01:30 pm; SC 2
Dec. 20, 2023: Hearing: 01/11/2024, Room 100, SH, 01:30 pm; SC 49
Dec. 12, 2023: To Be Introduced 01/03/2024 and Referred to Judiciary; SJ 1