HB 337-FN – AS INTRODUCED

2013 SESSION

13-0639

04/01

HOUSE BILL 337-FN

AN ACT legalizing marijuana and cannabis.

SPONSORS: Rep. Warden, Hills 39; Rep. Weed, Ches 16; Rep. Sylvia, Belk 6; Rep. O'Flaherty, Hills 12; Rep. Pratt, Hills 6; Rep. Tasker, Rock 2; Rep. D. McGuire, Merr 21; Sen. Reagan, Dist 17

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This act removes the criminal penalties for possession or use of marijuana.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0639

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT legalizing marijuana and cannabis.

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

1 Legislative Intent. The general court hereby finds that the intent of this bill is to:

I. Allow law enforcement and courts to use limited resources to focus on crimes against persons and property.

II. Remove illegal drug organizations from the cannabis economy by allowing for legal use, possession, and cultivation of marijuana.

III. Repeal prohibitions on paraphernalia related to marijuana use or cultivation.

2 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.

3 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.

4 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].

5 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.

6 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.

7 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.”

8 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.

9 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:1, X-a(k), relative to objects used for ingesting marijuana.

IV. RSA 318-B:9, VI, relative to the dispensing of cannabis-type drugs by a pharmacist upon written prescription.

V. RSA 318-B:10, VI, relative to a physician’s authority to dispense cannabis-type drugs.

VI. RSA 318-B:26, I(b)(6), relative to penalties for certain amounts of marijuana and hashish.

VII. RSA 318-B:26, I(c)(5), relative to penalties for certain amounts of marijuana and hashish.

VIII. RSA 318-B:26, I(d)(1), relative to penalties for certain amounts of marijuana and hashish.

IX. RSA 318-B:26, II(c), relative to penalties for certain amounts of marijuana and hashish.

X. RSA 318-B:26, II(d), relative to penalties for certain amounts of marijuana and hashish.

XI. RSA 172:1, XIV, relative to the definition of cannabis-type drug.

10 Effective Date. This act shall take effect January 1, 2014.

LBAO

13-0639

01/15/13

HB 337-FN - FISCAL NOTE

AN ACT legalizing marijuana and cannabis.

FISCAL IMPACT: