HB 380-FN - AS AMENDED BY THE HOUSE
26Mar2025... 0130h
2025 SESSION
25-0445
09/08
HOUSE BILL 380-FN
AN ACT relative to penalties for criminal violations of the therapeutic use of cannabis.
SPONSORS: Rep. Vail, Hills. 6; Rep. H. Howard, Straf. 4; Rep. Newell, Ches. 4; Rep. W. Thomas, Hills. 12; Rep. A. Murray, Hills. 20; Rep. Seibert, Hills. 21
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill amends the penalty for the unauthorized sale of cannabis by a qualifying patient or designated caregiver.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26Mar2025... 0130h 25-0445
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to penalties for criminal violations of the therapeutic use of cannabis.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Use of Cannabis for Therapeutic Purposes; Prohibitions and Limitations on the Therapeutic Use of Cannabis. Amend RSA 126-X:3, VI to read as follows:
VI. Any qualifying patient or designated caregiver who sells cannabis to another person who is not a qualifying patient or designated caregiver under this chapter shall be subject to the criminal penalties specified in RSA 318-B:26[, IX-a,] and shall have his or her registry identification card revoked[, and shall be subject to other penalties as provided in RSA 318-B:26].
2 Departmental Administration; Registry Identification Cards. Amend RSA 126-X:4, I(h) to read as follows:
(h) A statement signed by the applicant, pledging not to divert cannabis to anyone who is not allowed to possess cannabis pursuant to this chapter and acknowledging that his or her diversion of cannabis is punishable [as a class B felony and] by revocation of his or her registry identification card, in addition to other penalties for the illegal sale of cannabis, established in RSA 318-B.
3 Departmental Administration; Registry Identification Cards. Amend RSA 126-X:4, II(f) to read as follows:
(f) A signed statement from the applicant agreeing to act as the designated caregiver for the qualifying patient named in the application and pledging not to divert cannabis to anyone who is not allowed to possess cannabis pursuant to this chapter and acknowledging that the diversion of cannabis is punishable [as a class B felony and] by revocation of one's registry identification card, in addition to other penalties for the illegal sale of cannabis established in RSA 318-B.
4 Alternative Treatment Centers; Requirements. Amend RSA 126-X:8, XVI(a) to read as follows:
XVI.(a) All cannabis dispensed by an alternative treatment center shall include a label specifying the commercial strain name of the cannabis, the weight of the cannabis, and any other information the department requires to appear on the label. The label shall also specify that the cannabis is for therapeutic use and that diversion [is a class B felony requiring] may result in revocation of one's registry identification card, in addition to other penalties for illegal sale of cannabis established in RSA 318-B. An alternative treatment center may list the commercial strain names of the cannabis available to be dispensed on its public Internet website.
5 Repeal. RSA 318-B:26, IX-a, relative to penalties for the sale of cannabis to a person who is not a qualifying patient or designated caregiver, is repealed.
6 Effective Date. This act shall take effect January 1, 2026.
25-0445
12/3/24
HB 380-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to penalties for criminal violations of the therapeutic use of cannabis.
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures* | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
| ||||||
Estimated Political Subdivision Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
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 19, 2025 | 2025-0130h |
| Date | Body | Type |
|---|---|---|
| Jan. 23, 2025 | House | Hearing |
| March 7, 2025 | House | Exec Session |
| March 7, 2025 | House | Floor Vote |
March 28, 2025: Introduced 03/27/2025 and Referred to Judiciary; SJ 10
March 26, 2025: Ought to Pass with Amendment 2025-0130h: MA VV 03/26/2025 HJ 10
March 26, 2025: Amendment # 2025-0130h: AA DV 185-157 03/26/2025 HJ 10
March 26, 2025: Inexpedient to Legislate: MF RC 143-200 03/26/2025 HJ 10
March 19, 2025: Minority Committee Report: Ought to Pass with Amendment # 2025-0130h
March 19, 2025: Majority Committee Report: Inexpedient to Legislate 03/07/2025 (Vote 9-6; RC) HC 17 P. 47
Feb. 20, 2025: Executive Session: 03/07/2025 10:00 am LOB 202-204
Jan. 14, 2025: Public Hearing: 01/23/2025 03:30 pm LOB 202-204
Jan. 8, 2025: Introduced 01/08/2025 and referred to Criminal Justice and Public Safety HJ 2 P. 17