CHAPTER 193
HB 605-FN - FINAL VERSION
8Apr2021... 0646h
05/20/2021 1603s
24Jun2021... 2052EBA
2021 SESSION
21-0014
04/06
HOUSE BILL 605-FN
AN ACT relative to the therapeutic cannabis program.
SPONSORS: Rep. Conley, Straf. 13; Rep. Chase, Straf. 18; Rep. Acton, Rock. 10; Rep. Moran, Hills. 34; Rep. McWilliams, Merr. 27; Rep. Cushing, Rock. 21
COMMITTEE: Health, Human Services and Elderly Affairs
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AMENDED ANALYSIS
This bill
I. Adds opioid use disorder as a qualifying medical condition for the purpose of the therapeutic use of cannabis.
II. Amends the definitions of "alternative treatment center" and "therapeutic use" and "visiting qualifying patient" in the therapeutic cannabis statute.
III. Permits out-of-state residents qualified in other jurisdictions to purchase therapeutic cannabis at New Hampshire therapeutic dispensaries.
IV. Requires the department of health and human services to adopt rules regarding an alternative treatment center's verification of a visiting qualifying patient's identification.
V. Permits an alternative treatment center to dispense therapeutic cannabis to a visiting qualifying patient and protects the alternative treatment center from prosecution for such distribution.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Apr2021... 0646h
05/20/2021 1603s
24Jun2021... 2052EBA 21-0014
04/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to the therapeutic cannabis program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
193:1 New Subparagraph; Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, IX(b) by inserting after subparagraph (5) the following new subparagraph:
(6) Opioid use disorder, with the following restrictions:
(A) When certified only by a board certified addiction medicine or addiction psychiatry provider who is actively treating the patient for opioid use disorder; and
(B) With associated symptoms of cravings and/or withdrawal.
193:2 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, I to read as follows:
I. "Alternative treatment center" means a not-for-profit entity registered under RSA 126-X:7 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, and dispenses cannabis, and related supplies and educational materials, to qualifying patients [and], designated caregivers, other alternative treatment centers, and visiting qualifying patients.
193:3 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, XIII(b) to read as follows:
(b) Cultivation or purchase by a visiting qualifying patient from a qualifying patient or designated caregiver; or
193:4 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, XVI to read as follows:
XVI. "Visiting qualifying patient" means a [patient with a qualifying medical condition who is not a resident of New Hampshire or who has been a resident of New Hampshire for fewer than 30 days and is not eligible to purchase therapeutic cannabis in New Hampshire or receive cannabis from a qualifying New Hampshire patient] person who is not a resident of New Hampshire, or who has been a resident of New Hampshire for fewer than 90 days, who has been issued a valid registry identification card, or its equivalent, under the laws of another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of Canada, that allows, in the jurisdiction of issuance, that person to possess cannabis for therapeutic purposes.
193:5 Use of Cannabis for Therapeutic Purposes; Therapeutic Use of Cannabis Protections. Amend RSA 126-X:2, V to read as follows:
V. A valid registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of Canada that allows, in the jurisdiction of issuance, a visiting qualifying patient to possess cannabis for therapeutic purposes, shall have the same force and effect and be subject to the same restrictions as a valid registry identification card issued by the department in this state, provided that:
(a) [The visiting qualifying patient shall also produce a statement from his or her provider stating that the visiting qualifying patient has a qualifying medical condition as defined in RSA 126-X:1] A visiting qualifying patient shall not purchase cannabis at an alternative treatment center more than 3 times in a 12-month period, unless the visiting qualifying patient produces a statement from his or her health care provider stating that the visiting qualifying patient has a qualifying medical condition as defined in RSA 126-X:1; and
(b) A visiting qualifying patient shall not cultivate [or purchase] cannabis in New Hampshire or obtain or purchase cannabis from [alternative treatment centers or from] a [qualifying] New Hampshire qualifying patient or designated caregiver.
193:6 New Paragraph; Use of Cannabis for Therapeutic Purposes; Departmental Rules. Amend RSA 126-X:6 by inserting after paragraph VI the following new paragraph:
VII. The department shall adopt rules, pursuant to RSA 541-A, regarding an alternative treatment center's verification of a visiting qualifying patient's registry identification card, or its equivalent.
193:7 Use of Cannabis for Therapeutic Purposes; Protections. Amend RSA 126-X:2, IX(c) to read as follows:
(c) Deliver, transfer, supply, sell, or dispense cannabis and related supplies and educational materials to qualifying patients who have designated the alternative treatment center to provide for them, to designated caregivers on behalf of the qualifying patients who have designated the alternative treatment center, to visiting qualifying patients, or to other alternative treatment centers.
193:8 Use of Cannabis for Therapeutic Purposes; Alternative Treatment Centers. Amend RSA 126-X:8, XV(b) to read as follows:
(b) An alternative treatment center or alternative treatment center agent shall not dispense, deliver, or otherwise transfer cannabis to any person or entity other than:
(1) A qualifying patient who has designated the relevant alternative treatment center; or
(2) Such patient's designated caregiver; or
(3) Another alternative treatment center; or
(4) A visiting qualifying patient.
193:9 Public Health; Use of Cannabis for Therapeutic Purposes; Definitions; Alternative Treatment Center. Amend RSA 126-X:1, I to read as follows:
I. "Alternative treatment center" means a domestic business corporation organized under RSA 293-A, a domestic limited liability company organized under RSA 304-C, or a not-for-profit voluntary corporation organized under RSA 292 that is registered under RSA 126-X:7 and that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, and dispenses cannabis, and related supplies and educational materials, to qualifying patients, [and] designated caregivers, other alternative treatment centers, and visiting qualifying patients.
193:10 Contingency. If SB 38 of the 2021 general legislative section becomes law, section 9 of this act shall take effect 60 days after its passage and section 2 of this act shall not take effect. If SB 38 does not become law, section 2 of this act shall take effect 60 days after its passage and section 9 of this act shall not take effect.
193:11 Use of Cannabis for Therapeutic Purposes; Protections. Amend RSA 126-X:2, IX(c) to read as follows:
(c) Deliver, transfer, supply, sell, or dispense cannabis and related supplies and educational materials to qualifying patients, to designated caregivers on behalf of the qualifying patients, to visiting qualifying patients, or to other alternative treatment centers.
193:12 Use of Cannabis for Therapeutic Purposes; Alternative Treatment Centers. Amend RSA 126-X:8, XV(b) to read as follows:
(b) An alternative treatment center or alternative treatment center agent shall not dispense, deliver, or otherwise transfer cannabis to any person or entity other than:
(1) A qualifying patient; or
(2) Such patient's designated caregiver; or
(3) Another alternative treatment center; or
(4) A visiting qualifying patient.
193:13 Contingency. If SB 162-FN of the 2021 general legislative session becomes law, sections 11 and 12 of this act shall take effect at 12:01 a.m on the effective date of SB 162-FN and section 7 and 8 of this act shall not take effect. If SB 162-FN does not become law, section 7 and 8 of this act shall take effect 60 days after its passage and section 11 and 12 of this act shall not take effect.
I. Sections 2 and 9 of this act shall take effect as provided in section 10 of this act.
II. Section 7, 8 and 11, 12 of this act shall take effect as provided in section 13 of this act.
III. The remainder of this act shall take effect 60 days after its passage.
Approved: August 10, 2021
Effective Date:
I. Sections 2 & 9 shall take effect as provided in section 10.
II. Sections 7,8,11 & 12 shall take effect as provided in section 13.
III. Remainder shall take effect October 9, 2021.