HB 1663-FN-A-LOCAL - AS INTRODUCED

 

 

2020 SESSION

20-2211

04/10

 

HOUSE BILL 1663-FN-A-LOCAL

 

AN ACT relative to the legalization and regulation of cannabis and making appropriations therefor.

 

SPONSORS: Rep. Knirk, Carr. 3; Rep. Butler, Carr. 7; Rep. Indruk, Hills. 34; Rep. Cleaver, Hills. 35; Rep. O'Connor, Rock. 6; Rep. King, Hills. 33; Sen. Reagan, Dist 17; Sen. Hennessey, Dist 5

 

COMMITTEE: Criminal Justice and Public Safety

 

                                                                                                                                                                                                   

 

ANALYSIS

 

This bill establishes procedures for the legalization, regulation, and taxation of cannabis; the licensing and regulation of cannabis establishments; and makes appropriations therefor.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2211

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the legalization and regulation of cannabis and making appropriations therefor.

 

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

 

1  Purpose and Findings.  The general court hereby finds that:

I.  In the interest of allowing law enforcement to focus on violent and property crimes, generating revenue for education, prevention, treatment, and recovery related to the use of both legal and illegal drugs and for other public purposes, and advancing individual freedom, the people of the state of New Hampshire find and declare that the use of cannabis by a person 21 years of age or older should be legal and subject to reasonable regulation and taxation.

II.  In the interest of the health and public safety of our citizenry, the people of the state of New Hampshire further find and declare that cannabis should be regulated in a manner similar to alcohol so that:

(a)  Individuals will have to show proof of age before purchasing cannabis.

(b)  Selling, distributing, or transferring cannabis to minors and other individuals under the age of 21 shall remain illegal.

(c)  Driving under the influence of cannabis shall remain illegal.

(d)  Legitimate, taxpaying business people, and not criminal actors, will conduct sales of cannabis.

(e)  Cannabis sold in this state will be tested, labeled, and subject to additional regulations to ensure that consumers are informed and protected.

(f)  Some of the tax revenue generated from legal cannabis sales will be used to support programs for education, prevention, treatment, and recovery related to the use of both legal and illegal drugs.

2  New Subparagraph; Application of Receipts; Cannabis Control Fund.  Amend RSA 6:12, I(b) by inserting after subparagraph (358) the following new subparagraph:

(359)  Moneys deposited in the cannabis control fund established in RSA 318-F:23.

3  Alcoholic Beverages; Statement From Purchaser as to Age.  Amend RSA 179:8, I(d) to read as follows:

(d)  A valid passport [from] issued by the United States or by a country with whom the United States maintains diplomatic relations.

4  Controlled Drug Act; Drug Forfeiture Fund.  Amend RSA 318-B:17-c, I to read as follows:

I.  There is hereby established within the office of the state treasurer a special revolving fund to be designated as the drug forfeiture fund.  This fund shall be administered by the attorney general and may be used to pay the costs of local, county and state drug related investigations, costs of collection of baseline data related to marijuana regulation, as well as drug control law enforcement programs within New Hampshire.  The fund may also be used to pay extraordinary costs of local, county and state drug prosecutions and trial expenses.

5  Model Drug Dealer Liability Act; Definition of Illegal Drug.  Amend RSA 318-C:4, I to read as follows:

I.  "Illegal drug" means any drug which is a schedule I-IV drug under RSA 318-B, the possession, use, manufacture, sale, or transportation of which is not otherwise authorized by law.

6  New Chapter; Regulation of Cannabis.  Amend RSA by inserting after chapter 318-E the following new chapter:

CHAPTER 318-F

REGULATION OF CANNABIS

318-F:1  Definitions.  In this chapter:

I.     Alternative treatment center    means an entity as defined in RSA 126-X:1, I.

II.  "Consumer" means a person 21 years of age or older who purchases cannabis or cannabis products for personal use by a person 21 years of age or older, but not for resale.

III.  "Commission" means the cannabis control commission established in RSA 318-F:7.

IV.  "Department" means the department of health and human services.

V.     Disqualifying offense    means a violation of a state or federal controlled substances law that was classified as a felony in