HB 605-FN - AS INTRODUCED
2021 SESSION
21-0014
04/06
HOUSE BILL 605-FN
AN ACT relative to the therapeutic cannabis program.
SPONSORS: Rep. Conley, Straf. 13; Rep. Chase, Straf. 18; Rep. Acton, Rock. 10; Rep. Moran,
Hills. 34; Rep. McWilliams, Merr. 27; Rep. Cushing, Rock. 21
COMMITTEE: Health, Human Services and Elderly Affairs
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ANALYSIS
This bill:
I. Establishes protections for authorized employees of the department of health and human
services when possessing or transporting cannabis or cannabis-infused products pursuant to statute.
II. Makes various changes to the law regarding the use of cannabis for therapeutic purposes,
including clarifying the information required on the registry identification cards.
III. Adds opioid use disorder to the qualifying medical conditions under the use of cannabis for
therapeutic purposes law.
IV. Adds moderate to severe insomnia to the definition of "qualifying medical condition" for the
purposes of the use of cannabis for therapeutic purposes law.
V. Permits out-of-state residents qualified in other jurisdictions to purchase therapeutic
cannabis at New Hampshire therapeutic dispensaries.
VI. Repeals the therapeutic cannabis advisory council.
VII. Requires alternative treatment centers to prepare information regarding the risk of
cannabis use during pregnancy and requires the commissioner of the department of health and
human services to prepare a brochure relative to the risk of cannabis use during pregnancy and
while breastfeeding.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 605-FN - AS INTRODUCED
21-0014
04/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to the therapeutic cannabis program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, I to read as
2 follows:
3 I. "Alternative treatment center" means a not-for-profit entity registered under RSA 126-X:7
4 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies,
5 and dispenses cannabis, and related supplies and educational materials, to qualifying patients [and],
6 designated caregivers, other alternative treatment centers, and visiting qualifying patients.
7 2 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, VII(b) to read as
8 follows:
9 (b) For a visiting qualifying patient, "provider" means an individual licensed to prescribe
10 drugs to humans in the state of the patient's residence and who possesses an active registration from
11 the United States Drug Enforcement Administration to prescribe controlled substances. [Such
12 visiting patient shall not be eligible to purchase or transfer cannabis from an eligible New
13 Hampshire patient].
14 3 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, IX(a)(2) to read
15 as follows:
16 (2) A severely debilitating or terminal medical condition or its treatment that has
17 produced at least one of the following: elevated intraocular pressure, cachexia, chemotherapy-
18 induced anorexia, wasting syndrome, agitation of Alzheimer's disease, severe pain that has not
19 responded to previously prescribed medication or surgical measures or for which other treatment
20 options produced serious side effects, constant or severe nausea, moderate to severe vomiting,
21 seizures, [or] severe, persistent muscle spasms, or moderate to severe insomnia; or
22 4 New Subparagraph; Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-
23 X:1, IX(b) by inserting after subparagraph (3) the following new subparagraph:
24 (4) Opioid use disorder, with the following restrictions:
25 (A) When certified only by a Drug Addiction Treatment Act (DATA 2000)
26 waivered clinician providing medication assisted treatment for opioid use disorder or a certified
27 addiction medicine or addiction psychiatry physician; and
28 (B) With associated symptoms of cravings and/or withdrawal.
29 5 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, XI to read as
30 follows:
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1 XI. "Registry identification card" means a document indicating the date issued, effective
2 date, and expiration date by the department pursuant to RSA 126-X:4 that identifies an individual
3 as a qualifying patient or a designated caregiver.
4 6 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, XIII(b) to read
5 as follows:
6 (b) Cultivation or purchase by a visiting qualifying patient from a qualifying patient
7 or designated caregiver; or
8 7 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, XVI to read as
9 follows:
10 XVI. "Visiting qualifying patient" means a [patient with a qualifying medical condition who
11 is not a resident of New Hampshire or who has been a resident of New Hampshire for fewer than 30
12 days and is not eligible to purchase therapeutic cannabis in New Hampshire or receive cannabis
13 from a qualifying New Hampshire patient] person who is not a resident of New Hampshire, or
14 who has been a resident of New Hampshire for fewer than 90 days, who has been issued a
15 valid registry identification card, or its equivalent, under the laws of another state,
16 district, territory, commonwealth, or insular possession of the United States, or under the
17 laws of another country, that allows, in the jurisdiction of issuance, that person to possess
18 cannabis for therapeutic purposes.
19 8 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, XVII to read as
20 follows:
21 XVII. "Written certification" means documentation of a qualifying medical condition by a
22 provider pursuant to rules adopted by the department pursuant to RSA 541-A for the purpose of
23 issuing registry identification cards, after having completed a full assessment of the patient's
24 medical history and current medical condition made in the course of a provider-patient relationship.
25 [The date of issuance and the patient's qualifying medical condition, symptoms or side effects, the
26 certifying provider's name, medical specialty, and signature shall be specified on the written
27 certification.]
28 9 Use of Cannabis for Therapeutic Purposes; Therapeutic Use of Cannabis Protections. Amend
29 RSA 126-X:2, V to read as follows:
30 V. A valid registry identification card, or its equivalent, that is issued under the laws of
31 another state, district, territory, commonwealth, or insular possession of the United States, or
32 under the laws of another country that allows, in the jurisdiction of issuance, a visiting
33 qualifying patient to possess cannabis for therapeutic purposes, shall have the same force and effect
34 and be subject to the same restrictions as a valid registry identification card issued by the
35 department in this state, provided that[:
36 (a) The visiting qualifying patient shall also produce a statement from his or her
37 provider stating that the visiting qualifying patient has a qualifying medical condition as defined in
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1 RSA 126-X:1; and
2 (b)] a visiting qualifying patient shall not cultivate or purchase cannabis in New
3 Hampshire or obtain cannabis from [alternative treatment centers or from] a qualifying New
4 Hampshire patient or designated caregiver.
5 10 New Paragraph; Use of Cannabis for Therapeutic Purposes; Protections. Amend RSA 126-
6 X:2 by inserting after paragraph XVI the following new paragraph:
7 XVII. Authorized employees of the department shall not be subject to arrest by state or local
8 law enforcement, prosecution, or penalty under state or municipal law, or search, when possessing,
9 transporting, delivering, or transferring cannabis or cannabis infused products for the purposes of
10 regulatory oversight related to this chapter.
11 11 Use of Cannabis for Therapeutic Purposes; Prohibitions and Limitations on the Therapeutic
12 Use of Cannabis. Amend RSA 126-X:3, VIII to read as follows:
13 VIII. A facility caregiver shall treat cannabis in a manner similar to [medications] other
14 narcotics with respect to its storage, security, and administration when assisting qualifying
15 patients with the therapeutic use of cannabis.
16 12 Use of Cannabis for Therapeutic Purposes; Registry Identification Cards. Amend RSA 126-
17 X:4, I(a) and (b) to read as follows:
18 (a) Written certification [as defined in RSA 126-X:1] which includes the date of
19 issuance, the patient’s qualifying medical condition, symptoms, or side effects, and the
20 certifying provider’s name, medical specialty, and signature. If a written certification has
21 been previously issued for fewer than 3 years, a provider may extend the written
22 certification, provided that the written certification shall not exceed 3 years.
23 (b) An application or a renewal application accompanied by the application or renewal
24 fee. A renewal application and fee shall not be required if the applicant receives an
25 extension to the written certification previously issued for fewer than 3 years.
26 13 Use of Cannabis for Therapeutic Purposes; Registry Identification Cards. Amend RSA 126-
27 X:4, I(e) and the introductory paragraph of RSA 126-X:4, I(f) to read as follows:
28 (e) Name[, address, and telephone number] of the applicant's provider.
29 (f) Name[, address,] and date of birth of the applicant's designated caregiver, if any. A
30 qualifying patient shall have only one designated caregiver, except as follows:
31 14 Use of Cannabis for Therapeutic Purposes; Registry Identification Cards. Amend RSA 126-
32 X:4, II(d) to read as follows:
33 (d) Name, residential and mailing address, and date of birth of each qualifying patient
34 for whom the applicant will act as designated caregiver, except that if the qualifying patient is
35 homeless, no residential address is required. [An applicant shall not act as a designated caregiver
36 for more than 5 qualifying patients.]
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1 15 Use of Cannabis for Therapeutic Purposes; Registry Identification Cards. Amend the
2 introductory paragraph and RSA 126-X:4, IV and RSA 126-X:4, IV(a)-(b) to read as follows:
3 IV. The department shall create and issue a registry identification card to a person applying
4 as a qualifying patient or designated caregiver within 5 days of approving an application or renewal.
5 Each registry identification card shall expire one year after the [date of issuance] effective date of
6 the card, unless the provider states in the written certification that the certification should expire
7 at an earlier [specified] or later effective date, not to exceed 3 years, then the registry
8 identification card shall expire on that date. Registry identification cards shall contain all of the
9 following:
10 (a) Name, mailing address, and date of birth of the qualifying patient or designated
11 caregiver.
12 (b) The date of issuance, effective date, and expiration date of the registry
13 identification card.
14 16 Use of Cannabis for Therapeutic Purposes; Registry Identification Cards. Amend RSA 126-
15 X:4, XI(a) to read as follows:
16 XI.(a) The department shall create and maintain a confidential registry of each individual
17 who has applied for and received a registry identification card as a qualifying patient or a designated
18 caregiver in accordance with the provisions of this chapter. Each entry in the registry shall contain
19 the qualifying patient's or designated caregiver's name, mailing address, date of birth, date of
20 registry identification card issuance, effective date of registry identification card, date of
21 registry identification card expiration, random 10-digit identification number, and registry
22 identification number of the qualifying patient's designated alternative treatment center, if any.
23 The confidential registry and the information contained in it shall be exempt from disclosure under
24 RSA 91-A.
25 17 Use of Cannabis for Therapeutic Purposes; Registry Identification Cards. Amend RSA 126-
26 X:4, XI(b)(5) to read as follows:
27 (5) Counsel for the department may notify law enforcement officials about falsified
28 or fraudulent information submitted to the department where counsel has [made a legal
29 determination that there is probable cause] reason to believe the information is false or falsified.
30 18 Use of Cannabis for Therapeutic Purposes; Departmental Rules. Amend RSA 126-X:6, I(b) to
31 read as follows:
32 (b) The form and content of providers' written certifications, including the
33 administrative process for tracking extensions pursuant to RSA 126-X:4, I.
34 19 Use of Cannabis for Therapeutic Purposes; Therapeutic Cannabis Medical Oversight Board.
35 Amend RSA 126-X:12, VI to read as follows:
36 VI. On or before January 1 of each year, the board shall make a report to the president of
37 the senate, the speaker of the house of representatives, the oversight committee on health and
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1 human services established under RSA 126-A:13, the board of medicine, and the board of nursing[,
2 and the therapeutic use of cannabis advisory council established in RSA 126-X:9].
3 20 Statement of Intent. The general court recognizes that the United States Surgeon General
4 and the Centers for Disease Control and Prevention have concerns that perinatal exposure to
5 cannabis increases the incidence of low birth weight infants and of subsequent learning disabilities.
6 Therefore the general court hereby addresses these concerns in sections 21-22 of this act.
7 21 New Subparagraphs; Use of Cannabis for Therapeutic Purposes; Alternative Treatment
8 Centers; Requirements. Amend RSA 126-X:8, XVI(c) by inserting after subparagraph (6) the
9 following new subparagraphs:
10 (7) Information about the risks of cannabis use during pregnancy and while
11 breastfeeding, including the risk of low birth weight and developmental issues. Such information
12 shall include the posting of a warning poster regarding the risks of cannabis use during pregnancy
13 and while breastfeeding in a conspicuous location at the alternative treatment center’s dispensary
14 location.
15 (8) Information regarding safe storage and disposal of cannabis and paraphernalia to
16 prevent accidental poisonings, including the contact information for the Northern New England
17 Poison Control Center.
18 22 New Paragraph; Use of Cannabis for Therapeutic Purposes; Duties. Amend RSA 132:2 by
19 inserting after paragraph XI the following new paragraph:
20 XII. Prepare, in conjunction with the bureau of alcohol and drug services and the division of
21 public health services, a brochure and a poster which provides information relative to the risks of
22 cannabis use during pregnancy and while breastfeeding and which shall be posted and available to
23 the public in all alternative treatment centers pursuant to RSA 126-X:8.
24 23 Repeal. The following are repealed:
25 I. RSA 126-X:4, II(e), relative to street address of the alternative treatment center.
26 II. RSA 126-X:4, IX(e), relative to failure of a qualifying patient or designated caregiver for
27 providing changes to name, address or designated caregiver.
28 III. RSA 126-X:6, I(e), relative to departmental rules regarding certain fines.
29 IV. RSA 126-X:9, relative to therapeutic cannabis advisory council.
30 24 Use of Therapeutic Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, IV
31 to read as follows:
32 IV. “Cultivation location” means a locked and enclosed site, under the control of the
33 qualifying patient or designated caregiver, or under the control of an alternative treatment
34 center where cannabis is cultivated, secured with one or more locks or other security devices in
35 accordance with the provisions of this chapter. A cultivation location under the control of a
36 qualifying patient or designated caregiver shall be at that person’s residence.
37 25 Use