STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN
ACT relative to the legalization and regulation of marijuana.
Be it Enacted by the Senate and House of Representatives in General Court
convened:
1
Purpose and Findings. The general court hereby finds that:
I.
In the interest of the efficient use of law enforcement resources, enhancing
revenue for public purposes, and individual freedom, the people of the state of
New Hampshire
find and declare that the use of marijuana should be legal for persons 21 years
of age or older and taxed in a manner similar to alcohol.
II.
In the interest of the health and public safety of our citizenry, the people of
the state of New Hampshire further find and declare that marijuana should be
regulated in a manner similar to alcohol so that:
(a)
Individuals will have to show proof of age before purchasing marijuana;
(b)
Selling, distributing, or transferring marijuana to minors and other
individuals under the age of 21 shall remain illegal;
(c)
Driving under the influence of marijuana shall remain illegal;
(d)
Legitimate, taxpaying business people, and not criminal actors, will conduct
sales of marijuana; and
(e)
Marijuana sold in this state will be labeled and subject to additional
regulations to ensure that consumers are informed and protected.
III.
It is necessary to ensure consistency and fairness in the application of this
act throughout the state and that, therefore, the matters addressed by this act
are, except as specified herein, matters of statewide concern.
2
New Chapter; Regulation of Marijuana. Amend RSA by inserting after chapter
318-E the following new chapter:
CHAPTER 318-F
REGULATION OF MARIJUANA
318-F:1
Definitions. As used in this chapter:
I. “Consumer” means a person 21 years
of age or older who purchases marijuana or marijuana products for personal use
by persons 21 years of age or older, but not for resale to others.
II. “Department” means the
department of revenue administration.
III.
“Marijuana” means all parts of the plant of the genus cannabis whether growing
or not, the seeds thereof, the resin extracted from any part of the plant, and
every compound, manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds, or its resin, including marijuana concentrate. “Marijuana”
shall not include fiber produced from the stalks, oil, or cake made from the
seeds of the plant, sterilized seed of the plant which is incapable of germination,
or the weight of any other ingredient combined with marijuana to prepare
topical or oral administrations, food, drink, or other product.
IV.
“Marijuana accessories” means any equipment, products, or materials of any kind
which are used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, composting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, vaporizing, or containing marijuana, or for ingesting,
inhaling, or otherwise introducing marijuana into the human body.
V.
“Marijuana cultivation facility” means an entity licensed to cultivate,
prepare, and package marijuana and sell marijuana to retail marijuana stores,
to marijuana product manufacturing facilities, and to other marijuana
cultivation facilities, but not to consumers.
VI.
“Marijuana establishment” means a marijuana cultivation facility, a marijuana
testing facility, a marijuana product manufacturing facility, or a retail
marijuana store.
VII.
“Marijuana product manufacturing facility” means an entity licensed to purchase
marijuana; manufacture, prepare, and package marijuana products; and sell
marijuana and marijuana products to other marijuana product manufacturing
facilities and to retail marijuana stores, but not to consumers.
VIII.
“Marijuana products” means concentrated marijuana products and marijuana products
that are comprised of marijuana and other ingredients and are intended for use
or consumption, such as, but not limited to, edible products, ointments, and
tinctures.
IX.
“Marijuana testing facility” means an entity licensed to analyze and certify the
safety and potency of marijuana.
X.
“Retail marijuana store” means an entity licensed to purchase marijuana from
marijuana cultivation facilities and marijuana and marijuana products from
marijuana product manufacturing facilities and to sell marijuana and marijuana
products to consumers.
318-F:2
Personal Use of Marijuana. Notwithstanding any other provision of law, the
following acts shall not be unlawful and shall not be an offense under New
Hampshire law or the law of any municipality within New Hampshire or be a basis
for seizure or forfeiture of assets under New Hampshire law for persons 21 years of age or older:
I.
Possessing, using, displaying, purchasing, or transporting marijuana
accessories or one ounce or less of marijuana.
II.
Possessing, growing, processing, or transporting no more than 6 marijuana
plants, with 3 or fewer being mature, flowering plants, and possession of the
marijuana produced by the plants on the premises where the plants were grown,
provided that the growing takes place in an enclosed, locked space, is not
conducted openly or publicly, and is not made available for sale.
III.
Transfer of one ounce or less of marijuana without remuneration to a person who
is 21 years of age or older.
IV.
Consumption of marijuana, provided that nothing in this section shall permit
consumption that is conducted openly and publicly or in a manner that endangers
others.
V.
Assisting another person who is 21 years of age or older in any of the acts
described in this section.
318-F:3
Lawful Operation of Marijuana-Related Facilities. Notwithstanding any other
provision of law, the following acts are not unlawful and shall not be an
offense under New Hampshire law or be a basis for seizure or forfeiture of
assets under New Hampshire law for persons 21 years of age or older:
I.
Manufacture, possession, or purchase of marijuana accessories or the sale of
marijuana accessories to a person who is 21 years of age or older.
II.
Possessing, displaying, or transporting marijuana or marijuana products;
purchase of marijuana from a marijuana cultivation facility; purchase of
marijuana or marijuana products from a marijuana product manufacturing
facility; or sale of marijuana or marijuana products to consumers, if the
person conducting the activities described in this paragraph has obtained a
current, valid license to operate a retail marijuana store or is acting in his
or her capacity as an owner, employee, or agent of a licensed retail marijuana
store.
III.
Cultivating, harvesting, processing, packaging, transporting, displaying, or
possessing marijuana; delivery or transfer of marijuana to a marijuana testing
facility; selling marijuana to a marijuana cultivation facility, a marijuana
product manufacturing facility, or a retail marijuana store; or the purchase of
marijuana from a marijuana cultivation facility, if the person conducting the
activities described in this paragraph has obtained a current, valid license to
operate a marijuana cultivation facility or is acting in his or her capacity as
an owner, employee, or agent of a licensed marijuana cultivation facility.
IV.
Packaging, processing, transporting, manufacturing, displaying, or possessing
marijuana or marijuana products; delivery or transfer of marijuana or marijuana
products to a marijuana testing facility; selling marijuana or marijuana
products to a retail marijuana store or a marijuana product manufacturing
facility; the purchase of marijuana from a marijuana cultivation facility; or
the purchase of marijuana or marijuana products from a marijuana product
manufacturing facility, if the person conducting the activities described in
this paragraph has obtained a current, valid license to operate a marijuana
product manufacturing facility or is acting in his or her capacity as an owner,
employee, or agent of a licensed marijuana product manufacturing facility.
V.
Possessing, cultivating, processing, repackaging, storing, transporting,
displaying, transferring, or delivering marijuana or marijuana products if the
person has obtained a current, valid license to operate a marijuana testing
facility or is acting in his or her capacity as an owner, employee, or agent of
a licensed marijuana testing facility.
VI.
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 section.
318-F:4
Regulation of Marijuana.
I.
Not later than October 1, 2013, the department shall adopt rules pursuant to
RSA 541-A necessary for implementation of this chapter. Such rules shall
include:
(a)
Procedures for the issuance, renewal, suspension, and revocation of a license
to operate a marijuana establishment.
(b)
A schedule of application, licensing, and renewal fees, provided, application
fees shall not exceed $1,000, adjusted annually for inflation, unless the
department determines a greater fee is necessary to carry out its
responsibilities under this chapter.
(c)
Qualifications for licensure that are directly and demonstrably related to the
operation of a marijuana establishment.
(d)
Security requirements for marijuana establishments.
(e)
Requirements to prevent the sale or diversion of marijuana and marijuana
products to persons under the age of 21.
(f)
Labeling requirements for marijuana and marijuana products sold or distributed
by a marijuana establishment.
(g)
Health and safety regulations and standards for the manufacture of marijuana
products and the cultivation of marijuana.
(h)
Restrictions on the advertising and display of marijuana and marijuana
products.
II.
In order to ensure the most secure, reliable, and accountable system for the
production and distribution of marijuana and marijuana products in accordance
with this chapter, in any competitive application process the department shall
have as a primary consideration whether an applicant:
(a)
Has prior experience producing or distributing marijuana or marijuana products;
and
(b)
Has, during the experience described in subparagraph (a), complied consistently
with applicable laws.
III.
The department shall not require a consumer to provide a retail marijuana store
with personal information other than government-issued identification to
determine the consumer’s age, and a retail marijuana store shall not be
required to acquire and record personal information about consumers other than
information typically acquired in a financial transaction conducted at a retail
liquor store.
3
New Chapter; Taxation of Marijuana. Amend RSA by inserting after chapter 77-G
the following new chapter:
CHAPTER 77-H
TAXATION OF MARIJUANA
77-H:1
Definitions. In this chapter, the definitions set forth in RSA 318-F:1 shall
apply.
77-H:2
Tax Imposed. The department shall collect an excise tax to be levied upon
marijuana sold or otherwise transferred by a marijuana cultivation facility to
a marijuana product manufacturing facility or to a retail marijuana store at a
rate of 15 percent of the sale price. The commissioner of the department of
revenue administration shall deposit all tax revenues collected under this
chapter into the general fund. The department shall adopt rules, pursuant to
RSA 541-A relative to the procedures for collection of tax revenues under this
chapter.
77-H:3
Administration.
I.
Each application for an annual license to operate a marijuana establishment
shall be submitted to the department. The department shall:
(a)
Accept and process applications beginning on October 1, 2013;
(b)
Immediately forward a copy of each application and half of the license
application fee to the municipality in which the applicant desires to operate
the marijuana establishment;
(c)
Issue an annual license to the applicant between 45 and 90 days after receipt
of an application unless the department finds the applicant is not in
compliance with regulations enacted pursuant to this section or the department
is notified by the relevant municipality that the applicant is not in
compliance with ordinances and regulations made pursuant to this section and in
effect at the time of application, provided, where a municipality has enacted a
numerical limit on the number of marijuana establishments and a greater number
of applicants seek licenses, the department shall solicit and consider input
from the municipality as to the municipality’s preference or preferences for
licensure; and
(d)
Upon denial of an application, notify the applicant in writing of the specific
reason for its denial.
II.
No later than October 1, 2013, each municipality shall enact an ordinance or regulation
specifying the entity within the municipality that is responsible for
processing applications submitted for a license to operate a marijuana
establishment within the boundaries of the municipality and for the issuance of
such licenses should the issuance by the municipality become necessary because
of a failure by the department to adopt rules, or because of a failure by the
department to process and issue licenses.
III.
A municipality may enact ordinances, consistent with this section, RSA 318-F,
and any rules adopted, regulating the time, place, manner, and number of
marijuana establishment operations; establishing procedures for the issuance,
suspension, and revocation of a license issued by the municipality;
establishing a schedule of annual operating, licensing, and application fees
for marijuana establishments, provided, the application fee shall only be due
if an application is submitted to a municipality in accordance with this
section and a licensing fee shall only be due if a license is issued by a
municipality in accordance with this section; and establishing civil penalties
for violation of an ordinance or regulation governing the time, place, and
manner of a marijuana establishment that may operate in such municipality.
IV.
If the department does not issue a license to an applicant within 90 days of
receipt of the application filed in accordance with this section and does not
notify the applicant of the specific reason for its denial in writing and
within such time period, or if the department has adopted rules pursuant to
this section and has accepted applications pursuant to this section but has not
issued any licenses by January 1, 2014, the applicant may resubmit its
application directly to the municipality, pursuant to this section, and the
municipality may issue an annual license to the applicant. A municipality
issuing a license to an applicant shall do so within 90 days of receipt of the
resubmitted application unless the municipality finds and notifies the
applicant that the applicant is not in compliance with ordinances and
regulations made pursuant to this section in effect at the time the application
is resubmitted and the municipality shall notify the department if an annual
license has been issued to the applicant. If an application is submitted to a
municipality under this paragraph, the department shall forward to the
municipality the application fee paid by the applicant to the department upon
request by the municipality. A license issued by a municipality in accordance
with this paragraph shall have the same force and effect as a license issued by
the department in accordance with this section and the holder of such license
shall not be subject to regulation or enforcement by the department during the
term of that license. A subsequent or renewed license may be issued under this
paragraph on an annual basis only upon resubmission to the municipality of a
new application submitted to the department pursuant to this section.
V.
If the department does not adopt rules required by this section, an applicant
may submit an application directly to a municipality after October 1, 2013 and
the municipality may issue an annual license to the applicant. A municipality
issuing a license to an applicant shall do so within 90 days of receipt of the
application unless it finds and notifies the applicant that the applicant is
not in compliance with ordinances and regulations made pursuant to this section
in effect at the time of application and shall notify the department if an
annual license has been issued to the applicant. A license issued by a
municipality in accordance with this paragraph shall have the same force and
effect as a license issued by the department in accordance with this section
and the holder of such license shall not be subject to regulation or
enforcement by the department during the term of that license. A subsequent or
renewed license may be issued under this paragraph on an annual basis if the
department has not adopted regulations required by this section at least 90 days
prior to the date upon which such subsequent or renewed license would be
effective or if the department has adopted regulations pursuant to this section
but has not, at least 90 days after the adoption of such regulations, issued
licenses pursuant to this section.
77-H:4
Employers, Driving, Minors, and Control of Property.
I.
Nothing in this chapter shall be construed to require an employer to permit or
accommodate the use, consumption, possession, transfer, display,
transportation, sale, or growing of marijuana in the workplace or to affect the
ability of employers to have policies restricting the use of marijuana by
employees.
II.
Nothing in this chapter shall be construed to allow driving under the influence
of a drug pursuant to RSA 265-A:2 or to supersede statutory laws related to
driving under the influence of a drug pursuant to RSA 265-A:2, nor shall this
section prevent the state from enacting and imposing penalties for driving
under the influence of or while impaired by marijuana.
III.
Nothing in this chapter shall be construed to permit the transfer of marijuana,
with or without remuneration, to a person under the age of 21 or to allow a
person under the age of 21 to purchase, possess, use, transport, grow, or
consume marijuana.
IV.
Nothing in this chapter shall prohibit a person, employer, school, hospital,
correctional facility, corporation, or any other entity which occupies, owns,
or controls a property from prohibiting or otherwise regulating the possession,
consumption, use, display, transfer, distribution, sale, transportation, or
growing of marijuana on or in that property.
4
Controlled Drug Act; Definitions. Amend the introductory paragraph of RSA
318-B:1, X-a(k) to read as follows:
(k)
Objects used or intended for use or customarily intended for use in ingesting,
inhaling, or otherwise introducing [marijuana,] cocaine, hashish, or
hashish oil into the human body, such as:
5
Controlled Drug Act; Definitions. Amend RSA 318-B:1, XX to read as follows:
XX.
“Other stimulant and depressant drugs” means controlled drugs other than
amphetamine-type, barbiturate-type, [cannabis-type,] cocaine-type,
hallucinogenics, and morphine-type which are found to exert a
stimulant and depressant effect upon the higher functions of the central nervous
system and which are found to have a potential for abuse.
6
Controlled Drug Act; Scheduling by Commissioner. Amend RSA 318-B:1-a, VI to
read as follows:
VI.
Authority to control under this section shall not extend to distilled spirits,
wine, malt beverages, marijuana, or tobacco.
7
Model Drug Dealer Liability Act; Definitions. Amend RSA 318-C:4, V-VIII to read
as follows:
V.
“Level 1 offense” means possession of 1/4 ounce or more, but less than 4
ounces, or distribution of less than one ounce of an illegal drug [other
than marijuana, or possession of one pound or more or 25 plants or more, but
less than 4 pounds or 50 plants, or distribution of more than 1/2 pound but
less than one pound of marijuana].
VI.
“Level 2 offense” means possession of 4 ounces or more, but less than 8 ounces,
or distribution of one ounce or more, but less than 2 ounces, of an illegal
drug [other than marijuana, or possession of 4 pounds or more or 50 plants
or more but less than 8 pounds or 75 plants or distribution of one pound or
more but less than 5 pounds of marijuana].
VII.
“Level 3 offense” means possession of 8 ounces or more, but less than 16
ounces, or distribution of 2 ounces or more, but less than 4 ounces, of an
illegal drug [other than marijuana, or possession of 8 pounds or more or 75
plants or more, but less than 16 pounds or 100 plants, or distribution of 5
pounds or more but less than 10 pounds of marijuana].
VIII.
“Level 4 offense” means possession of 16 ounces or more or distribution of 4
ounces or more of an illegal drug [other than marijuana, or possession of 16
pounds or more or 100 plants or more or distribution of 10 pounds or more of
marijuana].
8
Wiretapping and Eavesdropping; Definitions. Amend RSA 570-A:1, XI to read as
follows:
XI.
“Organized crime” means the unlawful activities of the members of a highly
organized, disciplined association engaged in supplying illegal goods and
services, including but not limited to homicide, gambling, prostitution, narcotics[,
marijuana] or other dangerous drugs, bribery, extortion, blackmail,
and other unlawful activities of members of such organizations.
9
Wiretapping and Eavesdropping; Authorization for Interception of
Telecommunications or Oral Communication. Amend RSA 570-A:7 to read as follows:
570-A:7
Authorization for Interception of Telecommunications or Oral Communications.
The attorney general, deputy attorney general, or a county attorney, upon the
written approval of the attorney general or deputy attorney general, may apply
to a judge of competent jurisdiction for an order authorizing or approving the
interception of telecommunications or oral communications, and such judge may
grant, in conformity with RSA 570-A:9, an order authorizing or approving the
interception of telecommunications or oral communications by investigative or
law enforcement officers having responsibility for the investigation of the
offenses as to which the application is made, when such interception may
provide, or has provided, evidence of the commission of organized crime, as
defined in RSA 570-A:1, XI, or evidence of the commission of the offenses of
homicide, kidnapping, gambling, theft as defined in RSA 637, corrupt practices
as defined in RSA 640, child pornography under RSA 649-A, computer pornography
and child exploitation under RSA 649-B, criminal conduct in violation of the
securities law, as defined in RSA 421-B:3, 421-B:4, 421-B:5, 421-B:19, and
421-B:24, criminal conduct in violation of the security takeover disclosure
laws, as defined in RSA�421-A:3,
421-A:7, 421-A:8, 421-A:11, and 421-A:13, robbery as defined in RSA 636:1,
arson as defined in RSA 634:1, hindering apprehension or prosecution as defined
in RSA 642:3, tampering with witnesses and informants as defined in RSA 641:5,
aggravated felonious sexual assault as defined in RSA 632-A:2, felonious sexual
assault as defined in RSA 632-A:3, escape as defined in RSA 642:6, bail jumping
as defined in RSA 642:8, insurance fraud as defined in RSA 638:20, dealing in
narcotic drugs[, marijuana, ]or other dangerous drugs, hazardous waste
violations under RSA 147-A:4,
I, or any conspiracy to commit any of the foregoing offenses.
10
Purity and Branding of Foods and Drugs; Misbranding. Amend RSA 146:6, IV to
read as follows:
IV.
If it is for use by man and contains any quantity of the narcotic or hypnotic
substance alpha-eucaine, barbituric acid, beta-eucaine, bromal, [cannabis,]
carbromal, chloral, coca, cocaine, codeine, heroin, [marihuana,]
morphine, opium, paraldehyde, peyote, or sulphonmethane, or any chemical
derivative of such substance, which derivative has been by the commissioner
after investigation found to be, and by regulation designated as,
habit-forming, unless its label bears the name and quantity or proportion of
such substance or derivative and in juxtaposition therewith the statement
“Warning - May Be Habit Forming.”
11
Study, Treatment, and Care of Inebriates; Definitions. Amend RSA 172:1, XXII to
read as follows:
XXII.
“Other stimulant and depressant drugs” means controlled drugs other than
amphetamine-type, barbiturate-type, [cannabis-type,] cocaine-type,
hallucinogenics, and morphine-type which are found to exert a
stimulant and depressant effect upon the higher functions of a central nervous
system and which are found to have a potential for abuse.
12
Repeal. The following are repealed:
I.
RSA 318-B:1, IV, relative to the definition of a cannabis-type drug.
II. RSA
318-B:1, X-a(g), relative to separation gins and sifters for cleaning or
refining marijuana.
III. RSA
318-B:9, VI, relative to the dispensing of cannabis-type drugs by a pharmacist
upon written prescription.
IV. RSA
318-B:10, VI, relative to a physician’s authority to dispense cannabis-type
drugs.
V. RSA
318-B:26, I(b)(6), relative to penalties for certain amounts of marijuana and
hashish.
VI. RSA
318-B:26, I(c)(5), relative to penalties for certain amounts of marijuana and
hashish.
VII. RSA
318-B:26, I(d)(1), relative to penalties for certain amounts of marijuana and
hashish.
VIII. RSA
318-B:26, II(c), relative to penalties for certain amounts of marijuana and
hashish.
IX. RSA
318-B:26, II(d), relative to penalties for certain amounts of marijuana and
hashish.
X. RSA
172:1, XIV, relative to the definition of cannabis-type drug.
13
Severability. If any provision of this act, or the application thereof to any
person, thing, or circumstance is held invalid, such invalidity shall not
affect the provisions or application of this act which can be given effect
without the invalid provision or application, and to this end the provisions of
this act are declared to be severable.
14
Effective Date. This act shall take effect July 1, 2013.
LBAO
13-0443
01/17/13
HB 492-FN-LOCAL - FISCAL NOTE
AN
ACT relative to the legalization and regulation of marijuana.
FISCAL
IMPACT:
Due to
time constraints, the Office of Legislative Budget Assistant is unable to
provide a fiscal note for this bill, as introduced, at this time.
When completed, the fiscal note will be forwarded to the House Clerk's Office.
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