HB 118-FN - AS INTRODUCED
1997 SESSION
97-0062
05/02
HOUSE BILL 118-FN
AN ACT relative to penalties for marijuana possession.
SPONSORS: Rep. Robertson, Ches 18; Rep. McGuirk, Ches 1; Rep. Doucette, Ches 19; Rep. Lynott, Ches 11; Rep. I. Pratt, Ches 5
COMMITTEE: Criminal Justice and Public Safety
ANALYSIS
This bill changes possession of less than 1-1/2 ounces of marijuana, and related offenses, from a class A misdemeanor to a violation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
97-0062
05/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Seven
AN ACT relative to penalties for marijuana possession.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Criminal Classification Modified; Exception Added. Amend RSA 318-B:26, II(d) to read as follows:
(d) In the case of marijuana, including any adulterants or dilutants, or 5 grams or less of hashish, the person shall be guilty of a class A misdemeanor, except as provided in subparagraph (e).
(e) In the case of less than 1-1/2 ounces of marijuana, the person shall be guilty of a violation.
2 Criminal Classification Modified. Amend RSA 318-B:26, III(a)-(b) to read as follows:
(a) Controls any premises or vehicle where [he] the person knows a controlled drug or its analog is illegally kept or deposited, except if the controlled drug or its analog is less than 1-1/2 ounces of marijuana, the person shall be guilty of a violation[;].
(b) Aids, assists or abets a person in his or her presence in the perpetration of a crime punishable under paragraph II of this section, knowing that such person is illegally in possession of a controlled drug or its analog, except if the controlled drug or its analog is less than 1-1/2 ounces of marijuana, the person shall be guilty of a violation.
3 Effective Date. This act shall take effect January 1, 1998.
LBAO
97-0062
12/4/96
FISCAL NOTE
AN ACT relative to penalties for marijuana possession.
FISCAL IMPACT:
The Judicial Council and Department of Corrections indicates that state general fund expenditures and county expenditures may decrease by an indeterminable amount. There is no fiscal impact on local expenditures or state, county and local revenue.
METHODOLOGY:
The Council states that as a result of the change in penalty, it would anticipate a reduction in the number of cases charged to the Indigent Defense Fund at approximately $220 per case. The Department states that it would anticipate a reduction in the number of probationers at an annual cost of $880. Counties could realize a reduction in inmate costs for those violators housed at a county facility for up to one year. The number of violators ultimately affected by this proposed bill is unknown.