Bill Text - SB426 (2024)

(New Title) relative to the transportation of marijuana in a motor vehicle or OHRV.


Revision: Dec. 12, 2023, 3:01 p.m.

SB 426-FN - AS INTRODUCED

 

 

2024 SESSION

24-3039

09/08

 

SENATE BILL 426-FN

 

AN ACT relative to the possession of controlled drugs in motor vehicles.

 

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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ANALYSIS

 

This bill amends the requirements for transporting certain cannabis products in vehicles.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-3039

09/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to the possession of controlled drugs in motor vehicles.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Alcohol or Drug Impairment; Other Alcohol and Drug Offenses; Possession of Drugs.  Amend RSA 265-A:43 to read as follows:

265-A:43 Possession of Drugs. Any person who drives on any way a motor vehicle or OHRV while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog in violation of the provisions of RSA 318-B shall be guilty of a misdemeanor, and his or her license shall be revoked or his or her right to drive denied for a period of 60 days and at the discretion of the court for a period not to exceed 2 years. This section shall not apply to the possession of marijuana or hashish, hashish oil, and its extracts or analogs as provided in RSA 318-B:2-c, or a personal-use amount of a regulated marijuana-infused product as defined in RSA 318-B:2-c, I(b), or therapeutic cannabis as defined under RSA 126-X if all marijuana, therapeutic cannabis, hashish, hashish oil, and its extracts or analogs, or personal-use amount of regulated marijuana-infused product knowingly transported in any motor vehicle on any way is kept in a secure container that is not in the passenger compartment of any motor vehicle or OHRV.  If the motor vehicle or OHRV does not have a trunk, such containers shall be stored and transported in the compartment or area of the vehicle or OHRV that is the least accessible to the driver.

2  Effective Date.  This act shall take effect January 1, 2025.

 

LBA

24-3039

11/29/23

 

SB 426-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the possession of controlled drugs in motor vehicles.

 

FISCAL IMPACT:         [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

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

 

 

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