SB549 (2026) Detail

Prohibiting the state or local government from distributing or funding organizations that distribute drug paraphernalia.


SB 549-FN - AS INTRODUCED

 

 

2026 SESSION

26-2141

09/05

 

SENATE BILL 549-FN

 

AN ACT prohibiting the state or local government from distributing or funding organizations that distribute drug paraphernalia.

 

SPONSORS: Sen. Murphy, Dist 16; Sen. Pearl, Dist 17; Sen. Ward, Dist 8; Sen. Lang, Dist 2; Sen. Avard, Dist 12; Sen. Gannon, Dist 23; Sen. Sullivan, Dist 18; Sen. McGough, Dist 11; Sen. Innis, Dist 7; Sen. Birdsell, Dist 19

 

COMMITTEE: Health and Human Services

 

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ANALYSIS

 

This bill prohibits the state or local governments from distributing or funding organizations that distribute drug paraphernalia.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

26-2141

09/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT prohibiting the state or local government from distributing or funding organizations that distribute drug paraphernalia.

 

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

 

1  Syringe Service Programs Authorized.  Amend RSA 318-B:43, III to read as follows:

III. Nothing in this section shall be construed to prohibit the department of health and human services from administering and/or disbursing federal [or other] funds to syringe service programs authorized under this section. The use of state general funds or local funds shall be prohibited unless otherwise appropriated by the general court or if deemed necessary to control a disease outbreak pursuant to RSA 141-C:3.

IV.  Agencies of the state and all municipalities are prohibited from distributing any drug paraphernalia, as defined in RSA 318-B:1, including needles and syringes, directly or indirectly to any person.

2  Syringe Service Programs; Authorized Activities and Funding Sources.  Amend RSA 318:43-a, II to read as follows:

II. State funds including, but not limited to, funds received by the state in the New Hampshire opioid litigation settlement may be used to support the activities of syringe service programs as permitted under this section and RSA 318-B:43, except that no state funds may be used for or provided to organizations that distribute drug paraphernalia, as defined in RSA 318-B:1, including needles and syringes, directly or indirectly to any person.

3  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

26-2141

11/18/25

 

SB 549-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT prohibiting the state or local government from distributing or funding organizations that distribute drug paraphernalia.

 

FISCAL IMPACT:   This bill does not provide funding, nor does it authorize new positions.

 

 

Estimated State Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures*

$0

($1.7 million)

($1.7 million)

($1.7 million)

Funding Source(s)

General Funds, Federal Funds, Other Funds

Appropriations*

$0

$0

$0

$0

Funding Source(s)

None

*Expenditure = Cost of bill                *Appropriation = Authorized funding to cover cost of bill

 

Estimated Political Subdivision Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

County Revenue

$0

$0

$0

$0

County Expenditures

$0

$0

$0

$0

Local Revenue

$0

$0

$0

$0

Local Expenditures

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

 

METHODOLOGY:

This bill prohibits the state and local governments from distributing drug paraphernalia, including needles and syringes, either directly or indirectly.  It also prohibits the use of state or local funds to support organizations that distribute such paraphernalia, including syringe service programs (SSP), unless funds are specifically appropriated or the distribution is deemed necessary to control a disease outbreak under RSA 141-C:3.  The Department of Health and Human Services states that current annual funding for SSPs is as follows:

 

• Governor’s Commission Funding: $800,000 (General Funds/Other Funds from Carryforward)

• Overdose Data 2 Action Funding: $561,901 (Federal Funds)

• Opioid Abatement Commission: $875,000 (Other Funds)

 

The Department anticipates that certain funding streams will need to be adjusted to ensure compliance with the proposed restrictions.  While some of the above funds may be redirected to other purposes, the Department anticipates an overall reduction of approximately $1.7 million in expenditures as a result of this bill.  The Department cautions against interpreting this figure as a net savings to the public and behavioral health systems, as costs may be shifted to hospitalizations and other medical services.

 

The New Hampshire Municipal Association states that to the extent any local funds are currently budgeted for SSPs, there may be indeterminable savings to municipalities, ranging from less than $10,000 for small communities to $100,000 for large communities with significant substance abuse issues.  The Association states that it is unable to determine any potential long-term public health or safety costs or savings resulting from the bill.

 

AGENCIES CONTACTED:

Department of Health and Human Services and New Hampshire Municipal Association

 

Links


Date Body Type
Feb. 4, 2026 Senate Hearing

Bill Text Revisions

SB549 Revision: 49361 Date: Nov. 24, 2025, 9:17 a.m.

Docket


Jan. 28, 2026: Hearing: 02/04/2026, Room 100, SH, 09:15 am; SC 4


Nov. 24, 2025: Introduced 01/07/2026 and Referred to Health and Human Services; SJ 1