This bill proposes to exempt dimethyltryptamine (DMT) from the Controlled Drug Act, as indicated by the new legal language to be inserted into RSA 318-B. The bill introduces a new section, 318-B:1-d, which states that DMT shall be exempt from the provisions of the chapter. The act is set to take effect 60 days after its passage.

The fiscal note attached to the bill indicates that there is no direct fiscal impact in terms of state appropriation or revenue. However, the expenditures are indeterminable as it is not possible to predict how many fewer charges will be brought as a result of the bill. The bill would reduce the number of individuals subject to criminal penalties for possession of DMT, which could potentially decrease costs associated with legal proceedings and incarceration. The fiscal note provides detailed costs associated with various levels of criminal cases and indigent defense services, as well as the average cost of incarcerating an individual and supervising someone on parole/probation. The fiscal impact is assumed to begin in FY 2024, and the agencies contacted for this analysis include the Judicial Branch, Departments of Corrections and Justice, Judicial Council, and the New Hampshire Association of Counties.