HB 1623-FN – AS AMENDED BY THE HOUSE
18Mar2008… 0625h
2008 SESSION
04/09
HOUSE BILL 1623-FN
AN ACT relative to the penalty for possession of marijuana.
SPONSORS: Rep. Fontas, Hills 24; Rep. Edwards, Hills 26; Rep. Weed, Ches 3
COMMITTEE: Criminal Justice and Public Safety
This bill makes the penalty for marijuana possession in a quantity of less than .25 ounces a violation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18Mar2008… 0625h
08-2502
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the penalty for possession of marijuana.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Controlled Drug Act; Penalties. Amend RSA 318-B:26, II by inserting after subparagraph (d) the following new subparagraph:
(e) In the case of marijuana in a quantity of less than .25 ounces including any adulterants or dilutants, the person shall be guilty of a violation, and notwithstanding paragraph XIII of this section, subject to a fine not to exceed $200 for each offense.
2 Effective Date. This act shall take effect January 1, 2009.
LBAO
08-2502
Revised 01/02/08
HB 1623 FISCAL NOTE
AN ACT relative to penalties for possession of marijuana.
FISCAL IMPACT:
The Judicial Branch, the Judicial Council and the New Hampshire Association of Counties state this bill may decrease state and county expenditures by an indeterminable amount in FY 2009 and each year thereafter. There is no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill amends penalties relative to the manufacture or sale and possession of marijuana. The Branch assumes the elimination of penalties for the manufacture or sale of less than 1.25 ounces of marijuana may result in a decrease of routine felony cases in the trial court. The Branch does not have any information to estimate how many cases would no longer go to trial court but reports the average routine felony case costs $327.59 in FY 2009 and $335.98 in FY 2010 and each year there after. The bill also decreases the penalty for possessing less than 1.25 ounces from a class A misdemeanor to a violation. The Branch states this will result in the cost per case decreasing by $14.92 in FY 2009 and by $15.06 in FY 2010 and each year thereafter.
Finally, the Branch assumes that since the bill does not provide penalties for the possession of 1.25 ounces or more of marijuana, this offense will not be prosecuted. This offense is currently penalized as class A misdemeanors. A class A misdemeanor case costs $49.60 in FY 2009 and $51.14 in FY 2010 and each year thereafter to process. The Branch does not have any information to determine the decrease in class A misdemeanors that would be processed, but states if it processes 202 fewer cases in FY 2009 and 196 fewer in FY 2010 and each year thereafter there would be annual cost savings in excess of $10,000. The Branch may also experience a decrease in costs from fewer appeals being filed due to the change in the penalties related to the manufacture or sale and possession of marijuana.
The Judicial Council states this bill may decrease expenditure of indigent defense funds by an indeterminable amount. The Council indicates many police departments do not criminally charge individuals for the possession of small amounts of marijuana and suggests the cost savings for the possession of 1.25 ounces or less of marijuana may be limited.
The New Hampshire Association of Counties states to the extent less individuals are incarcerated in county facilities; county expenditures may decrease by an indeterminable amount. The average annual cost to incarcerate an individual in a county correctional facility is $29,000.
The Department of Corrections states it is not able to determine the fiscal impact of this bill because it does not have information on the number of inmates who are currently incarcerated for the possession of between 1 ounce and 1.25 ounces of marijuana.