HB 511-FN - AS INTRODUCED
2021 SESSION
21-0743
04/11
HOUSE BILL 511-FN
AN ACT relative to the penalties for possession of certain controlled drugs.
SPONSORS: Rep. Kenney, Straf. 6; Rep. Frost, Straf. 16; Rep. Hyland, Hills. 38; Rep. Read,
Rock. 17; Rep. Schultz, Merr. 18; Rep. Spillane, Rock. 2; Rep. Horrigan, Straf. 6;
Rep. Abramson, Rock. 37; Rep. Labranche, Hills. 22; Rep. Espitia, Hills. 31; Sen.
Reagan, Dist 17
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill makes the first 4 convictions for possession of a certain amount of schedule I-IV
controlled drugs a misdemeanor offense. The bill also makes possession of any amount of
flunitrazepam (rohypnol) a felony offense.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 511-FN - AS INTRODUCED
21-0743
04/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to the penalties for possession of certain controlled drugs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Controlled Drug Act; Penalties for Possession Offenses. Amend RSA 318-B:26, II to read as
2 follows:
3 II. Any person who knowingly or purposely obtains, purchases, transports, or possesses
4 actually or constructively, or has under his or her control, any controlled drug or controlled drug
5 analog, or any preparation containing a controlled drug or controlled drug analog, except as
6 authorized in this chapter, shall be sentenced as follows, except as otherwise provided in this
7 section:
8 (a) In the case of a controlled drug or its analog, classified in schedules I, II, III, or IV,
9 other than those specifically covered in this section, except in the case of a person who possesses
10 4 grams or less, the person shall be guilty of a class B felony, except that notwithstanding the
11 provisions of RSA 651:2, IV(a), a fine of not more than $25,000 may be imposed. If any person
12 commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person
13 shall be guilty of a class A felony, except that notwithstanding the provisions of RSA 651:2, IV(a), a
14 fine of up to $50,000 may be imposed. In the case of possession of 4 grams or less, the person
15 shall be guilty of a class B misdemeanor. If any such person commits an offense after 4
16 prior offenses as defined in RSA 318-B:27, such person shall be guilty of a class A felony,
17 excluding the case of a controlled drug or its analog classified in schedule V, except that
18 notwithstanding the provisions of RSA 651:2, IV(a), a fine of up to $50,000 may be imposed.
19 (b) In the case of a controlled drug or its analog classified in schedule V, the person shall
20 be [sentenced to a maximum term of imprisonment of not more than 3 years, a fine of not more than
21 $15,000, or both. If a person commits any such violation after one or more prior offenses as defined
22 in RSA 318-B:27]shall be guilty of a class B misdemeanor. If any such person commits an
23 offense after 4 prior offenses as defined in RSA 318-B:27, such person shall be guilty of a class
24 B felony, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of not more than
25 $25,000 may be imposed.
26 (c) In the case of more than 3/4 ounce of marijuana or more than 5 grams of hashish,
27 including any adulterants or dilutants, the person shall be guilty of a misdemeanor. In the case of
28 marijuana-infused products possessed by persons under the age of 21 or marijuana-infused products
29 as defined in RSA 318-B:2-e, other than a personal-use amount of a regulated marijuana-infused
30 product as defined in RSA 318-B:2-c, I(b), that are possessed by a person 21 years of age or older, the
31 person shall be guilty of a misdemeanor.
 HB 511-FN - AS INTRODUCED
- Page 2 -
1 (d) In the case of 3/4 ounce or less of marijuana or 5 grams or less of hashish, including
2 any adulterants or dilutants, the person shall be guilty of a violation pursuant to RSA 318-B:2-c. In
3 the case of a person 21 years of age or older who possesses a personal-use amount of a regulated
4 marijuana-infused product as defined in RSA 318-B:2-c, I(b), the person shall be guilty of a violation
5 pursuant to RSA 318-B:2-c.
6 (e) In the case of a residual amount of a controlled substance, as defined in RSA 318-B:1,
7 XXIX-a, a person shall be guilty of a misdemeanor if the person is not part of a service syringe
8 program under RSA 318-B:43.
9 (f) In the case of possession of any amount of flunitrazepam (known as rohypnol
10 or gamma hydroxybutyrate), such person shall be guilty of a class B felony, except that
11 notwithstanding the provisions of RSA 651:2, IV(a), a fine of not more than $25,000 may be
12 imposed.
13 2 Effective Date. This act shall take effect January 1, 2022.
 LBA
21-0743
1/6/21
HB 511-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the penalties for possession of certain controlled drugs.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
STATE: FY 2021 FY 2022 FY 2023 FY 2024
Appropriation $0 $0 $0 $0
Revenue $0 Indeterminable Indeterminable Indeterminable
Indeterminable Indeterminable Indeterminable
Expenditures $0
Decrease Decrease Decrease
Funding Source: [ X ] General [ ] Education [ ] Highway [ ] Other
COUNTY:
Revenue $0 $0 $0 $0
Indeterminable Indeterminable Indeterminable
Expenditures $0
Decrease Decrease Decrease
METHODOLOGY:
This bill makes the first 4 convictions for possession of a certain amount of schedule I-IV
controlled drugs a misdemeanor offense. The bill also makes possession of any amount of
flunitrazepam (rohypnol) a felony offense. This bill contains penalties that may have an impact
on the New Hampshire judicial and correctional systems. There is no method to determine how
many charges would be brought as a result of the changes contained in this bill to determine the
fiscal impact on expenditures. However, the entities impacted have provided the potential costs
associated with these penalties below.
Judicial Branch FY 2021 FY 2022
Class B Misdemeanor $55 $55
Simple Criminal Case $309 $309
Routine Criminal Felony Case $494 $494
Appeals Varies Varies
It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is
more than ten years old and does not reflect changes to the courts over that same period of time or the
impact these changes may have on processing the various case types.
Judicial Council
Public Defender Program Has contract with State to Has contract with State to
 provide services. provide services.
Contract Attorney – Felony $825/Case $825/Case
Contract Attorney – $300/Case $300/Case
Misdemeanor
Assigned Counsel – Felony $60/Hour up to $4,100 $60/Hour up to $4,100
Assigned Counsel – $60/Hour up to $1,400 $60/Hour up to $1,400
Misdemeanor
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to
be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled
by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned
counsel (1%).
Department of Corrections
FY 2020 Average Cost of $47,691 $47,691
Incarcerating an Individual
FY 2020 Annual Marginal
Cost of a General Population $6,407 $6,407
Inmate
FY 2020 Average Cost of
Supervising an Individual on $584 $584
Parole/Probation
NH Association of Counties
County Prosecution Costs Indeterminable Indeterminable
Estimated Average Daily Cost $105 to $120 $105 to $120
of Incarcerating an Individual
Many offenses are prosecuted by local and county prosecutors. When the Department of Justice
has investigative and prosecutorial responsibility or is involved in an appeal, the Department
would likely absorb the cost within its existing budget. If the Department needs to prosecute
significantly more cases or handle more appeals, then costs may increase by an indeterminable
amount.
AGENCIES CONTACTED:
Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire
Association of Counties


Statutes affected:
Introduced: 318-B:26
latest version: 318-B:26