HB 555-FN – AS INTRODUCED

2009 SESSION

09-0759

04/05

HOUSE BILL 555-FN

AN ACT decriminalizing possession of one ounce or less of marijuana.

SPONSORS: Rep. Lindsey, Ches 3

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill provides that a person who is in possession of up to one ounce of marijuana shall be subject to a $100 fine and forfeiture of the marijuana.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0759

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT decriminalizing possession of one ounce or less of marijuana.

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

1 New Section; Controlled Drug Act; Personal or Medicinal Use of Marijuana Permitted. Amend RSA 318-B by inserting after section 2-b the following new section:

318-B:2-c Personal or Medical Use of Marijuana Permitted.

I. No person possessing up to one ounce of marijuana, including any adulterants or dilutants, for personal use, shall be prosecuted under this chapter.

II.(a) Any person 18 years of age or older who is in possession of up to one ounce of marijuana, including any adulterants or dilutants, and who engages in any conduct prohibited under RSA 318-B:2 shall be subject to a fine not to exceed $100 and forfeiture of the marijuana.

(b) Any person under 18 years of age who is in possession of up to one ounce of marijuana, including any adulterants or dilutants, and who engages in any conduct prohibited under RSA 318-B:2 shall be subject to a fine not to exceed $100 and forfeiture of the marijuana. The offender’s parents or legal guardians shall be notified of the offense. The court shall order the offender to complete an approved drug awareness program, at the offenders expense, within one year of the date of the offense. Further, the court shall order the offender to participate in community service which shall be completed within one year of the date of the offense. The offender shall furnish the court with evidence of completion of both an approved drug awareness program and community service. An offender who fails to complete either a drug awareness program or community service, or both, shall be subject to a fine of $1,000.

2 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(c)(5) to read as follows:

(5) Marijuana in a quantity of greater than one ounce [or more] including any adulterants or dilutants, or hashish in a quantity of 5 grams or more including any adulterants or dilutants;

3 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(d)(1) to read as follows:

(1) Marijuana in a quantity of [less] greater than one ounce including any adulterants or dilutants, or hashish in a quantity of less than 5 grams including any adulterants or dilutants;

4 Model Drug Dealer Liability Act; Definitions Amended. Amend RSA 318-C:4, V to read as follows:

V. “Level 1 offense” means possession of greater than [1/4] one 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.

5 Effective Date. This act shall take effect January 1, 2010.

LBAO

09-0759

01/16/09

HB 555-FN - FISCAL NOTE

AN ACT decriminalizing possession of one ounce or less of marijuana.

FISCAL IMPACT:

METHODOLOGY: