HB 611-FN - AS INTRODUCED

2023 SESSION

23-0367

05/08

HOUSE BILL 611-FN

AN ACT relative to eligibility criteria for the therapeutic cannabis program.

SPONSORS: Rep. Vail, Hills. 6; Rep. W. Thomas, Hills. 12; Rep. Seibert, Hills. 21

COMMITTEE: Health, Human Services and Elderly Affairs

─────────────────────────────────────────────────────────────────

ANALYSIS

This bill removes the requirement that severe pain be resistant to other treatment options in order to be considered a qualifying medical condition for therapeutic cannabis.

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0367

05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to eligibility criteria for the therapeutic cannabis program.

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

1  Use of Cannabis for Therapeutic Purposes; Qualifying Medical Condition; Severe Pain.  Amend RSA 126-X:1, IX(a)(2) to read as follows:

(2)  A severely debilitating or terminal medical condition or its treatment that has produced at least one of the following:  elevated intraocular pressure, cachexia, chemotherapy-induced anorexia, wasting syndrome, agitation of Alzheimer's disease, severe pain [that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects], constant or severe nausea, moderate to severe vomiting, seizures, severe, persistent muscle spasms, or moderate to severe insomnia; or

2  Use of Cannabis for Therapeutic Purposes; Qualifying Medical Condition; Severe Pain.  Amend RSA 126-X:1, IX(b)(2) to read as follows:

(2)  Severe pain [that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects].

3  Effective Date.  This act shall take effect 60 days after its passage.

LBA

23-0367

Revised 4/20/23

HB 611-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to eligibility criteria for the therapeutic cannabis program.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill changes the definition of “qualifying medical condition” under the statute governing the use of cannabis for therapeutic purposes.  Specifically, the bill changes the existing qualifying medical condition and symptom of “severe pain” by removing the phrase “that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects.”  This change will allow medical providers to certify their patients for severe pain without the prerequisite of undergoing surgery or having not responded to previously prescribed medications.

The Department of Health and Human Services anticipates an indeterminable increase in  application fees collected as a result of the bill.  Per RSA 126-X, however, the therapeutic cannabis program is to be self-funded, with a fee structure sufficient to cover program costs.  If application fee revenue does increase as a result of the bill, this will mean annual registration fees for the state's alternative treatment centers will be lowered accordingly.  The result will be a net $0 impact on state revenues.  The Department does not anticipate any impact on state expenditures.

AGENCIES CONTACTED:

Department of Health and Human Services