HB 722-FN - AS INTRODUCED
2019 SESSION
19-0547
04/03
HOUSE BILL 722-FN
AN ACT relative to the retail sale and taxation of marijuana.
SPONSORS: Rep. Hunt, Ches. 11
COMMITTEE: Criminal Justice and Public Safety
ANALYSIS
This bill permits the purchase or sale of marijuana from locally-permitted marijuana retail establishments to persons 21 years of age or older without criminal penalty.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0547
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to the retail sale and taxation of marijuana.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Tax on Rooms and Meals; Definitions. Amend RSA 78-A:3, IV to read as follows:
IV. "Operator" means any person operating a hotel, charging for a taxable meal, or receiving gross rental receipts, whether as owner or proprietor or lessee, sublessee, mortgagee, licensee, or otherwise. "Operator" shall also include any person who operates a retail marijuana establishment as authorized in RSA 674:32-b, II.
2 New Paragraph; Tax on Meals and Rooms; Imposition of Tax. Amend RSA 78-A:6 by inserting after paragraph II-a the following new paragraph:
II-b. A tax of 8 percent is imposed upon the retail sale price of marijuana as authorized in RSA 674:32-b, II.
3 Alcohol or Drug Impairment; Possession of Drugs. Amend RSA 265-A:43 to read as follows:
265-A:43 Possession of Drugs. Any person who drives on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog in violation of the provisions of RSA 318-B shall be guilty of a misdemeanor, and his or her license shall be revoked or his or her right to drive denied for a period of 60 days and at the discretion of the court for a period not to exceed 2 years. This section shall not apply to the possession of marijuana or hashish as provided in RSA 318-B:2-c, [or] a personal-use amount of a regulated marijuana-infused product as defined in RSA 318-B:2-c, I(b), or marijuana purchased from a permitted location pursuant RSA 674:32-c, I-a.
4 Personal Possession of Marijuana. Amend RSA 318-B:2-c, II-IV to read as follows:
II. Except as provided in RSA 126-X and RSA 674:32-c, I-a, any person who knowingly possesses 3/4 of an ounce or less of marijuana, including adulterants or dilutants, shall be guilty of a violation, and subject to the penalties provided in paragraph V.
III. Except as provided in RSA 126-X, any person who knowingly possesses 5 grams or less of hashish, including adulterants or dilutants, shall be guilty of a violation, and subject to the penalties provided in paragraph V.
IV. Except as provided in RSA 126-X and RSA 674:32-c, I-a, any person 21 years of age or older possessing a personal-use amount of a regulated marijuana-infused product shall be guilty of a violation, and subject to the penalties provided in paragraph V. Persons 18 years of age or older and under 21 years of age who knowingly possess marijuana-infused products shall be guilty of a misdemeanor.
5 New Paragraph; Controlled Drug Act; Penalties. Amend RSA 318-B:26 by inserting after paragraph XIII the following new paragraph:
XIV. This section shall not apply to retail purchase or sale of marijuana at a location permitted under RSA 674:32-b, II.
6 Agricultural Uses of Land; Existing Agricultural Uses. Amend RSA 674:32-b, II to read as follows:
II. Any new establishment, re-establishment after abandonment, or significant expansion of a farm stand, retail operation, or other use involving on-site transactions with the public, including agritourism as defined in RSA 21:34-a and retail sales of marijuana as permitted in RSA 674:32-c, I-a, may be made subject to applicable special exception, building permit, or other local land use board approval and may be regulated to prevent traffic and parking from adversely impacting adjacent property, streets and sidewalks, or public safety. No municipality shall adopt an ordinance, bylaw, definition, or policy regarding agritourism activities that conflicts with the definition of agritourism in RSA 21:34-a.
7 New Paragraph; Agricultural Uses of Land; General Provisions. Amend RSA 674:32-c by inserting after paragraph I the following new paragraph:
I-a. The growing and harvesting of marijuana, including the leaves, stems, flowers, and seeds of all species of the plant genus cannabis, but not including the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation from such resin including hashish, and further, not including the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination, as a primary or accessory use, for sale to any person 21 years of age or older, shall not be prohibited in any district. Nothing in this subdivision shall be construed to legalize or decriminalize the possession or use of marijuana.
8 Effective Date. This act shall take effect January 1, 2020.
19-0547
Revised 2/13/19
HB 722-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the retail sale and taxation of marijuana.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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