HB 1526-FN - AS AMENDED BY THE HOUSE

8Mar2012… 0593h

2012 SESSION

12-2650

04/01

HOUSE BILL 1526-FN

AN ACT relative to possession of less than one-half ounce of marijuana.

SPONSORS: Rep. Panek, Straf 3; Rep. Tasker, Rock 1; Rep. Watrous, Merr 12; Rep. Warden, Hills 7

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill establishes penalties for any person who possesses less than one-half ounce of 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Mar2012… 0593h

12-2650

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to possession of less than one-half ounce of marijuana.

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

1 New Section; Controlled Drug Act; Possession of Less Than One-Half Ounce of Marijuana. Amend RSA 318-B by inserting after section 2-b the following new section:

318-B:2-c Possession of Less Than One-Half Ounce Marijuana.

I. Any person 18 years of age or older who is in possession of less than one-half ounce of marijuana, including any adulterants or dilutants, and who engages in any conduct prohibited under RSA 318-B:2 shall be guilty of:

(a) A violation and subject to a fine not to exceed $250 and forfeiture of the marijuana for a first offense.

(b) A violation and subject to a fine not to exceed $500 and forfeiture of the marijuana for a second offense.

(c) A class A misdemeanor and subject to a fine not to exceed $1,000 and forfeiture of the marijuana for a third or subsequent offense.

II.(a) Any person under 21 years of age who is in possession of less than one-half ounce of marijuana, including any adulterants or dilutants, and who engages in any conduct prohibited under RSA 318-B:2 shall be guilty of:

(1) A violation and subject to a fine not to exceed $250 and forfeiture of the marijuana for a first offense.

(2) A violation and subject to a fine not to exceed $500 and forfeiture of the marijuana for a second offense.

(3) A class A misdemeanor and subject to a fine not to exceed $1,000 and forfeiture of the marijuana for a third or subsequent offense.

(b) The parents or legal guardians of any offender under 18 years of age shall be notified of the offense. The court may order any offender under 21 years of age at the time of the offense to complete an approved drug awareness program, at the offender’s expense, within one year of the date of the offense. Further, the court may order the offender to perform 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 a required drug awareness program or required community service. An offender who fails to complete either a required drug awareness program or community service, or both, shall be subject to a fine of up to $500 for a first offense and a fine of up to $1,000 for a second or subsequent offense.

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

(d) In the case of marijuana in a quantity of less than one-half ounce, including any adulterants or dilutants[, or], the person shall be guilty as provided in RSA 318-B:2-c. In the case of 5 grams or less of hashish, the person shall be guilty of a class A misdemeanor.

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

(a) Controls any premises or vehicle where he or she knows a controlled drug or its analog is illegally kept or deposited, except if the controlled drug is less than one-half ounce of marijuana as provided in RSA 318-B:2-c;

4 Effective Date. This act shall take effect January 1, 2013.

LBAO

12-2650

Amended 03/15/12

HB 1526 FISCAL NOTE

AN ACT relative to possession of less than one-half ounce of marijuana.

FISCAL IMPACT:

METHODOLOGY: