HB 1623-FN – AS INTRODUCED
2014 SESSION
04/10
HOUSE BILL 1623-FN
AN ACT prohibiting a licensed alternative treatment center from advertising therapeutic cannabis.
SPONSORS: Rep. Schlachman, Rock 18; Rep. Wright, Carr 8; Rep. LeBrun, Hills 32; Rep. Whittemore, Rock 5; Rep. Heffron, Rock 18; Rep. S. Schmidt, Carr 6; Rep. Walz, Merr 23; Rep. Gargasz, Hills 27; Rep. DeSimone, Rock 14; Sen. Stiles, Dist 24
COMMITTEE: Health, Human Services and Elderly Affairs
This bill prohibits a licensed alternative treatment center from advertising or promoting therapeutic cannabis.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2233
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT prohibiting a licensed alternative treatment center from advertising therapeutic cannabis.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Use of Cannabis for Therapeutic Purposes; Advertising Prohibited. Amend RSA 126-X by inserting after section 11 the following new section:
126-X:12 Advertising Prohibited.
I. No alternative treatment center or alternative treatment center agent shall advertise or promote in any way the availability or use of therapeutic cannabis.
II. An alternative treatment center or alternative treatment center agent who violates this section shall be guilty of a class B felony and shall be fined in accordance with RSA 651:2, IV. In addition, the department shall permanently revoke the license of an alternative treatment center which has been convicted under this section.
2 Effective Date. This act shall take effect January 1, 2015.
LBAO
14-2233
12/19/13
HB 1623-FN - FISCAL NOTE
AN ACT prohibiting a licensed alternative treatment center from advertising therapeutic cannabis.
FISCAL IMPACT:
The Judicial Branch, the Departments of Justice, Health and Human Services, and Corrections, and the New Hampshire Association of Counties state this bill, as introduced, will increase state and county expenditures and decrease state revenue by indeterminable amounts in FY 2015 and each year thereafter. There will be no fiscal impact on county and local revenue, or local expenditures.
METHODOLOGY:
The Judicial Branch states this bill would add RSA 126-X:12 to prohibit an alternative treatment center or an alternative treatment center agent from advertising or promoting the availability or use of medical marijuana. A violation of the prohibition would be a class B felony classified as a routine criminal case in the superior court. In addition, the new provision provides for revocation of the license of an alternative treatment center convicted under it. The Branch has no information on which to estimate how many new felonies would be brought or how many appeals of administrative license revocations would be taken under the proposed law. The Branch does have information on the average cost of processing such cases in the trial court. The estimated cost to the Branch of an average routine criminal case in the superior court will be $425.27 in FY 2015, and $433.34 in FY 2016. These amounts do not consider the cost of any appeals that may be taken following trial. The Branch states these cost figures are based on studies of judicial and clerical weighted caseload times that are 8 years old for judicial time and 6 years old for clerical time in the superior court. The Branch indicates there have been changes during that time with respect to processing cases which would impact the average processing time and costs. Regarding appeals of administrative license revocations, the Branch indicates those appeals are to the Supreme Court. The Branch states the Supreme Court has discretionary review of such appeals and the court may accept the appeal for full appellate review, more limited review, or decline the appeal. The Branch has no information on how many appeals may arise from the proposed bill.
The Department of Justice states the class B felony would typically be prosecuted by a county attorney and the Department would not experience any investigation or prosecution costs. The Department would represent the State on any appeal from a conviction for an offense created by the bill which may increase the number of appellate cases it handles by a small amount. The Department states the fiscal impact would be minimal and could be handled within the current budget.
The Department of Health and Human Services states this bill would require the Department to permanently revoke the license of any Alternative Treatment Center (ATC) that violated the provisions of the bill. The Department assumes the likelihood of this happening would be remote. The Department assumes the ATC would have the right to an administrative hearing to challenge the revocation. The Department states the potential fiscal impact would be the cost of an administrative hearing, possible loss of licensing revenue, and the costs associated with re-procurement if the Department is required to replace the ATC.
The Department of Corrections states it is not able to determine the fiscal impact of this bill because it does not have sufficient detail to predict the number of individuals who would be subject to this legislation. The Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2013 was $32,872. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2013 was $570.
The New Hampshire Association of Counties states to the extent more individuals are charged, convicted, and sentenced to incarceration in a county correctional facility, county expenditures will increase. The Association is unable to determine the impact on number of individuals who will be charged, convicted or incarcerated as a result of this bill to determine an exact fiscal impact. The average annual cost to incarcerate an individual in a county correctional facility is approximately $35,000. There is no impact on county revenue.
The Judicial Council states this bill will have no fiscal impact on the Council’s expenditures. The Council assumes anyone charged with a crime in the context of a business or occupation would likely be defended or indemnified by their insurer or employer and would not meet the eligibility requirements to qualify for the appointment of counsel at state expense.