This bill legalizes the possession of cannabis for individuals aged 21 and older in New Hampshire, while prohibiting public consumption. It repeals and reenacts RSA 318-B:2-c, which defines "cannabis" and establishes possession limits, allowing individuals to possess up to two ounces of cannabis flower or trim, ten grams of cannabis concentrate, and cannabis products containing no more than 2,000 milligrams of THC. Individuals can possess, consume, process, or transport cannabis within these limits without facing criminal or civil penalties, although public smoking or vaporizing of cannabis is prohibited, with escalating fines for repeat offenses. The bill also addresses penalties for individuals under 21 years of age who possess cannabis, mandating that fines collected be deposited into the alcohol abuse prevention and treatment fund.

Additionally, the bill amends the Controlled Drug Act, clarifying penalties for cannabis possession. It states that possession of more than 3/4 ounce of marijuana or more than 5 grams of hashish by individuals under 21 will result in a misdemeanor, while exceeding possession limits for those 21 and older will also lead to a misdemeanor unless authorized under RSA 126-X. Possession of 3/4 ounce or less of marijuana or 5 grams or less of hashish by individuals under 21 is classified as a violation. The bill clarifies employer and property owner rights regarding cannabis use, stating that employers are not required to accommodate cannabis use in the workplace, and property owners can regulate cannabis activities on their premises. It also amends the definition of controlled substances concerning driving under the influence, explicitly excluding cannabis from certain penalties. The bill is expected to have indeterminable fiscal impacts on state and local governments due to potential changes in judicial and correctional costs.

Statutes affected:
Introduced: 318-B:26, 265-A:43