Bill Summary – FastDemocracy

HB 629-FN - AS INTRODUCED
                                              2021 SESSION
                                                                                              21-0021
                                                                                              04/10
HOUSE BILL              629-FN
AN ACT            relative to the home cultivation of cannabis plants and the possession of certain
                  cannabis-infused products.
SPONSORS:         Rep. McGuire, Merr. 29; Rep. True, Rock. 4; Rep. Verville, Rock. 2; Rep. T. Lekas,
                  Hills. 37; Rep. Sylvia, Belk. 6; Rep. McWilliams, Merr. 27
COMMITTEE:        Criminal Justice and Public Safety
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                                                ANALYSIS
    This bill permits adults to possess up to 3/4 of an ounce of cannabis, 5 grams of hashish, and
certain cannabis-infused products; permits adults to cultivate up to 6 cannabis plants at home in a
secure location that is not visible from other properties, and to possess and process the cannabis
produced from their plants at the same location; permits adults to give cannabis to other adults,
provided it is not more than 3/4 of an ounce of cannabis, 5 grams of hashish, or up to 300 mg of
cannabis-infused products, or 3 immature plants; provides that smoking or vaporizing cannabis in
public by an adult would be punishable by a $100 fine; provides that violations of the restrictions on
cultivation would be a violation punishable by fine of up to $750; penalizes dangerous, volatile
extraction; and permits adults to possess, make, and sell cannabis accessories to other adults.
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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                  Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 629-FN - AS INTRODUCED
                                                                                                21-0021
                                                                                                04/10
                                             STATE OF NEW HAMPSHIRE
                                   In the Year of Our Lord Two Thousand Twenty One
     AN ACT                  relative to the home cultivation of cannabis plants and the possession of certain
                             cannabis-infused products.
                Be it Enacted by the Senate and House of Representatives in General Court convened:
      1 Statement of Purpose. The general court finds that:
             I. Since 2012, Canada, the District of Columbia and 9 states, including Maine, Vermont,
  and the commonwealth of Massachusetts, have legalized possession and limited cultivation of
  cannabis by adults 21 years of age and older.
             II.    Statewide polls have consistently found that most New Hampshire voters support
  making cannabis legal for adults 21 years of age and older.
             III. Cannabis is less harmful than alcohol to the consumer and to society. It is less toxic,
  less harmful to the body, less addictive, and less likely to contribute to violent or reckless behavior.
  Adults should not be punished choosing to use cannabis instead of alcohol, if that is what they
 prefer.
            IV. Home brewing of alcoholic beverages is legal in New Hampshire and every other state in
 the nation.
            V. Allowing adults to cultivate their own limited supply of cannabis will provide them with
 an alternative to buying cannabis from illicit drug dealers.
     2 Other Alcohol and Drug Offenses; 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 cannabis 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)].
     3 Controlled Drug Act; Personal Possession of Cannabis. Amend RSA 318-B:2-c to read as
 follows:
     318-B:2-c Personal Possession of [Marijuana] Cannabis.
            I. In this section:
                  (a) ["Marijuana"] "Cannabis" includes the leaves, stems, flowers, and seeds of all species
 of the plant genus cannabis, but shall not include the resin extracted from any part of such plant and
 every compound, manufacture, salt, derivative, mixture, or preparation from such resin including
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  hashish, and further, shall not include 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. Marijuana shall not include hemp grown, processed,
  marketed, or sold under RSA 439-A.
              (b)    ["Personal-use amount of a regulated marijuana-infused product''] "Cannabis-
  infused product" means one or more products that is comprised of [marijuana, marijuana]
  cannabis, cannabis extracts, or resins and other ingredients and is intended for use or
  consumption, such as, but not limited to, edible products, ointments, and tinctures[, which was
 obtained from a state where marijuana sales to adults are legal and regulated under state law, and
 which is in its original, child-resistant, labeled packaging when it is being stored, and which contains
 a total of no more than 300 milligrams of tetrahydrocannabinol].
             (c) “Possession limit” means:
                   (1) Three-quarters of an ounce of cannabis, excluding hashish, cannabis-
 infused products, and growing cannabis plants;
                   (2) Five grams of hashish;
                   (3) Cannabis-infused products containing no more than 300 milligrams of
 tetrahydrocannabinol (THC);
                   (4) Six cannabis plants, with 3 or fewer being mature, flowering plants; and
                   (5)      Any additional cannabis, hashish, or cannabis-infused products
 produced from the person’s cannabis plants, provided that any amount of cannabis in
 excess of 3/4 of an ounce of cannabis, 5 grams of hashish, and cannabis-infused products
 containing no more than 300 milligrams of THC shall be possessed in the same location
 where the plants were cultivated.
         I-a. Except as provided in paragraphs I-b and I-c, if undertaken by a person 21
 years of age or older, the following acts shall not be illegal under New Hampshire law,
 shall not be a criminal or civil offense under New Hampshire law or the law of any
 political subdivision of New Hampshire, and shall not be a basis for seizure or forfeiture of
 assets under New Hampshire law:
             (a) Possessing, consuming, growing, processing, or transporting an amount of
 cannabis that does not exceed the possession limit; or
             (b)    Transferring ¾ of an ounce of cannabis, 5 grams of hashish, cannabis-
 infused products containing no more than 300 milligrams of THC, or 3 immature, non-
 flowering cannabis plants to a person who is 21 years of age or older without
 remuneration.           For purposes of this subparagraph, a transfer is for remuneration if
 cannabis is given away contemporaneously with another transaction between the same
 parties, if a gift of cannabis is offered or advertised in conjunction with an offer for sale of
                                       HB 629-FN - AS INTRODUCED
                                                - Page 3 -
  goods or services, or if the gift of cannabis is contingent upon a separate transaction for
  goods or services; and
              (c)    Manufacturing, possessing, or purchasing cannabis accessories, or
  distributing or selling cannabis accessories to a person who is 21 years of age or older.
          I-b. No person who is 21 years of age or older shall cultivate cannabis plants except
  as provided in this section:
              (a) Cannabis plants shall not be cultivated in a location where the plants are
  subject to public view, including to view from another private property, without the use of
  binoculars, aircraft, or other optical aids.
             (b)   A person who cultivates cannabis shall take reasonable precautions to
 ensure the plants are secure from unauthorized access.                 Cultivating cannabis in an
 enclosed, locked space to which unauthorized persons do not have access, or other similar
 security precautions, shall be prima facie evidence of reasonable precautions.
             (c) Cannabis cultivation shall only occur at the cultivator’s primary residence.
             (d) A person who violates this section shall be guilty of a violation and may be
 fined not more than $750.
         I-c. No person shall consume cannabis in a public place. A person 21 years of age
 or older who violates this paragraph shall be guilty of a violation and may be fined not
 more than $100.
         II. Except as provided in RSA 126-X, any person under 21 years of age who knowingly
 possesses 3/4 of an ounce or less of [marijuana] cannabis, including adulterants or dilutants, shall
 be guilty of a violation, and subject to the penalties provided in paragraph [V] IV.
         III. Except as provided in RSA 126-X, any person under 21 years of age 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.
         IV. [Except as provided in RSA 126-X, 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.
         V.](a) Except as provided in this paragraph, any person 18 years of age or older who is
 convicted of violating paragraph II or III[, or any person 21 years of age or older who is convicted of
 violating paragraph IV] shall be subject to a fine of $100 for a first or second offense under this
 paragraph, or a fine of up to $300 for any subsequent offense within any 3-year period; however, any
 person convicted based upon a complaint which alleged that the person had 3 or more prior
 convictions for violations of paragraph [II, III or IV] II or III, or under reasonably equivalent
 offenses in an out-of-state jurisdiction since the effective date of this paragraph, within a 3-year
 period preceding the fourth offense shall be guilty of a class B misdemeanor. The offender shall
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  forfeit the [marijuana, regulated marijuana-infused products,] cannabis or hashish to the state. A
  court shall waive the fine for a single conviction within a 3-year period upon proof that person has
  completed a substance abuse assessment by a licensed drug and alcohol counselor within 60 days of
  the conviction. A person who intends to seek an assessment in lieu of the fine shall notify the court,
  which shall schedule the matter for review after 180 days.            Should proof of completion of an
  assessment be filed by or before that time, the court shall vacate the fine without a hearing unless
  requested by a party.
              (b) Any person under 18 years of age who is convicted of violating paragraph II or III
  shall forfeit the [marijuana] cannabis or hashish and shall be subject to a delinquency petition
 under RSA 169-B:6.
         [VI.] V.(a) Except as provided in this section, no person shall be subject to arrest for a
 violation of paragraph [II, III, or IV] II or III and shall be released provided the law enforcement
 officer does not have lawful grounds for arrest for a different offense.
             (b) Nothing in this chapter shall be construed to prohibit a law enforcement agency from
 investigating or charging a person for a violation of RSA 265-A.
             (c) Nothing in this chapter shall be construed as forbidding any police officer from taking
 into custody any minor who is found violating paragraph [II, III, or IV] II or III.
             (d)   Any person in possession of an identification card, license, or other form of
 identification issued by the state or any state, country, city, or town, or any college or university,
 who fails to produce the same upon request of a police officer or who refuses to truthfully provide his
 or her name, address, and date of birth to a police officer who has informed the person that he or she
 has been found to be in possession of what appears to the officer to be 3/4 of an ounce or less of
 [marijuana, a personal-use amount of a regulated marijuana-infused product,] cannabis or 5 grams
 or less of hashish, may be arrested for a violation of paragraph [II, III, or IV] II or III.
         [VII.] VI. All fines imposed pursuant to this section shall be deposited into the alcohol abuse
 prevention and treatment fund established in RSA 176-A:1 and utilized for evidence-informed
 substance abuse prevention programs.
         [VIII.] VII.(a) No record that includes personally identifiable information resulting from a
 violation of this section shall be made accessible to the public, federal agencies, or agencies from
 other states or countries.
             (b) Every state, county, or local law enforcement agency that collects and reports data
 for the Federal Bureau of Investigation Uniform Crime Reporting Program shall collect data on the
 number of violations of paragraph [II, III, or IV] II or III. The data collected pursuant to this
 paragraph shall be available to the public. A law enforcement agency may update the data annually
 and may make this data available on the agency's public Internet website.
         VIII. Nothing in this section shall:
                                        HB 629-FN - AS INTRODUCED
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              (a)   Be construed to require an employer to permit or accommodate the use,
  consumption, possession, transfer, display, transportation, sale, or growing of cannabis in
  the workplace or to affect the ability of employers to have policies restricting the use of
  cannabis by employees.
              (b) Be construed to permit driving or operating under the influence of drugs or
  liquor pursuant to RSA 265-A, nor prevent the state from enacting and imposing penalties
  for driving under the influence of or while impaired by cannabis.
              (c)    Be construed to permit the transfer of cannabis, with or without
  remuneration, to a person under 21 years of age, or to allow a person under 21 years of age
 to purchase, possess, use, transport, grow, or consume cannabis.
             (d)    Prohibit a state or county correctional facility from prohibiting the
 possession, consumption, use, display, transfer, distribution, sale, transportation, or
 growing of cannabis on or in the correctional facility's property.
             (e) Prohibit a person or other entity that legally owns, leases, or controls any
 property from prohibiting or otherwise regulating the sale, use, or growing of cannabis on
 or in the property.
     4 Controlled Drug Act; Penalties. Amend RSA 318-B:26, II(c) and (d) to read as follows:
             (c) In the case of more than 3/4 ounce of [marijuana] cannabis, cannabis-infused
 products containing more than 300 milligrams of THC, or more than 5 grams of hashish,
 including any adulterants or dilutants, the person shall be guilty of a misdemeanor. In the case of
 [marijuana-infused] cannabis-infused products possessed by persons under the age of 21 [or
 marijuana-infused products as defined in RSA 318-B:2-e, other than a personal-use amount of a
 regulated marijuana-infused product as defined in RSA 318-B:2-c, I(b), that are possessed by a
 person 21 years of age or older], the person shall be guilty of a misdemeanor.
             (d)   In the case of 3/4 ounce or less of [marijuana] cannabis or 5 grams or less of
 hashish, including any adulterants or dilutants, possessed by a person under 21 years of age, the
 person shall be guilty of a violation pursuant to RSA 318-B:2-c. [In the case of a person 21 years of
 age or older who possesses a personal-use amount of a regulated marijuana-infused product as
 defined in RSA 318-B:2-c, I(b), the person shall be guilty of a violation pursuant to RSA 318-B:2-c.]
     5 New Paragraph; Controlled Drug Act; Penalties. Amend RSA 318-B:26 by inserting after
 paragraph VIII the following new paragraph:
         VIII-a.(a) No person, other than an alternative treatment center approved pursuant to RSA
 126-X, shall perform solvent-based extractions on cannabis using solvents other than water,
 glycerin, propylene glycol, vegetable oil, or food grade ethanol.
             (b) No person shall extract compounds from cannabis using ethanol