HB 1598-FN - AS AMENDED BY THE HOUSE
16Feb2022... 0207h
31Mar2022... 1172h
31Mar2022... 1198h
31Mar2022... 1230h
31Mar2022... 1283h
2022 SESSION
22-2787
04/05
HOUSE BILL 1598-FN
AN ACT legalizing the possession and use of cannabis.
SPONSORS: Rep. Abbas, Rock. 8; Rep. Doucette, Rock. 8; Rep. Espitia, Hills. 31; Rep. Rhodes,
Ches. 15; Rep. Osborne, Rock. 4; Rep. Roy, Rock. 32; Rep. Conley, Straf. 13; Rep.
McGuire, Merr. 29; Rep. Nunez, Hills. 37
COMMITTEE: Criminal Justice and Public Safety
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AMENDED ANALYSIS
This bill:
I. Legalizes the possession and use of cannabis for persons 21 years of age and older.
II. Authorizes the liquor commission to regulate and administer the cultivation, manufacture,
testing, and retail sale of cannabis statewide, and makes an appropriation therefor.
III. Authorizes alternative treatment centers registered to dispense therapeutic cannabis to
register, as a separate entity, to manufacture, cultivate, or transport cannabis to the state for retail
sale.
IV. Authorizes a municipality to enact an ordinance prohibiting or limiting the number and type
of cannabis establishments that may be permitted within the municipality and regulating the time,
place, and manner of operation of a cannabis establishment permitted within the municipality.
V. Establishes the cannabis control fund and requires funds to be distributed to the department
of health and human services, bureau of drug and alcohol services, for education tax relief, public
safety agency training purposes, and children's behavioral health services.
VI. Makes an appropriation to the department of health and human services to create public
media and social media campaigns to address some of the risks of cannabis use.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 1598-FN - AS AMENDED BY THE HOUSE
16Feb2022... 0207h
31Mar2022... 1172h
31Mar2022... 1198h
31Mar2022... 1230h
31Mar2022... 1283h
22-2787
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT legalizing the possession and use of cannabis.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Purpose and Findings. The general court hereby finds that:
2 I. The people of the state of New Hampshire find and declare that the use of cannabis by a
3 person 21 years of age or older should be legal and subject to reasonable regulations.
4 II. In the interest of the health and public safety of our citizenry, the people of the state of
5 New Hampshire further find and declare that cannabis should be regulated in a manner similar to
6 alcohol so that:
7 (a) Individuals will be required to show proof of age before purchasing cannabis, and
8 that the state shall protect the privacy of an individual's personally identifiable information in
9 cannabis transactions.
10 (b) Selling, distributing, or transferring cannabis to minors and other individuals under
11 the age of 21 shall remain illegal.
12 (c) Driving under the influence of cannabis or using cannabis while driving shall be
13 illegal.
14 (d) All retail cannabis stores shall be operated by the state of New Hampshire.
15 (e) Cannabis sold in this state shall be tested, labeled, and subject to additional
16 regulations to ensure that consumers are informed and protected.
17 (f) The state of New Hampshire shall not collect any transfer tax from any cannabis
18 cultivator or retail sales tax from any consumer.
19 2 New Subparagraph; Application of Receipts; Cannabis Control Fund. Amend RSA 6:12, I(b)
20 by inserting after subparagraph (382) the following new subparagraph:
21 (383) Moneys deposited in the cannabis control fund established in RSA 318-F:15.
22 3 Alcoholic Beverages; Statement From Purchaser as to Age. Amend RSA 179:8, I(d) to read as
23 follows:
24 (d) A valid passport [from] issued by the United States or by a country with whom the
25 United States maintains diplomatic relations.
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1 4 Model Drug Dealer Liability Act; Definition of Illegal Drug. Amend RSA 318-C:4, I to read as
2 follows:
3 I. "Illegal drug" means any drug which is a schedule I-IV drug under RSA 318-B, the
4 possession, use, manufacture, sale, or transportation of which is not otherwise authorized
5 by law.
6 5 New Chapter; Regulation of Cannabis. Amend RSA by inserting after chapter 318-E the
7 following new chapter:
8 CHAPTER 318-F
9 REGULATION OF CANNABIS
10 318-F:1 Definitions. In this chapter:
11 I. “Alternative treatment center” means an entity as defined in RSA 126-X:1, I.
12 II. "Cannabis" means all parts of the plant of the genus cannabis whether growing or not,
13 the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture,
14 salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including cannabis
15 concentrate. "Cannabis" shall not include hemp, fiber produced from the stalks, oil, or cake made
16 from the seeds of the plant, sterilized seed of the plant that is incapable of germination, or the
17 weight of any other ingredient combined with cannabis to prepare topical or oral administrations,
18 food, drink, or other product.
19 III. "Cannabis accessories" or “cannabis paraphernalia” means any equipment, products, or
20 materials of any kind that are used, intended for use, or designed for use in planting, propagating,
21 cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing,
22 processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing
23 cannabis, or for ingesting, inhaling, or otherwise introducing cannabis into the human body.
24 IV. "Cannabis cultivation facility" or “cultivation facility” means an entity registered to
25 cultivate, prepare, and package cannabis, and sell cannabis to retail cannabis stores, to cannabis
26 product manufacturing facilities, and to other cannabis cultivation facilities, but not to consumers.
27 A cannabis cultivation facility shall not produce cannabis concentrates, tinctures, extracts, or other
28 cannabis products.
29 V. "Cannabis establishment" means a cannabis cultivation facility, a cannabis testing
30 facility, a cannabis product manufacturing facility, a retail cannabis store, a cannabis transporter, or
31 any other type of cannabis business authorized and registered by the commission.
32 VI. "Cannabis product manufacturing facility" or “product manufacturing facility" means an
33 entity registered to purchase cannabis, to manufacture, prepare, and package cannabis products,
34 and sell cannabis and cannabis products to other cannabis product manufacturing facilities and to
35 retail cannabis stores, but not to consumers.
36 VII. "Cannabis products" means concentrated cannabis products and cannabis products that
37 are comprised of cannabis and other ingredients and are intended for personal use such as, but not
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1 limited to, creams, ointments, or tinctures. For the purpose of this paragraph, "cannabis products"
2 shall not include cannabis-infused food or drink products including but not limited to, cannabis-
3 infused edibles such as candies, gummies, brownies, or cookies, or cannabis-infused alcoholic or non-
4 alcoholic drinks or beverages of any kind.
5 VIII. "Cannabis testing facility" or “testing facility” means an entity registered to test
6 cannabis for potency and contaminants.
7 IX. “Cannabis transporter” means an entity registered to transport cannabis between
8 cannabis establishments.
9 X. "Consumer" means a person 21 years of age or older who purchases cannabis or cannabis
10 products for personal use by a person 21 years of age or older, but not for resale.
11 XI. "Commission" means the liquor commission, division of cannabis enforcement and
12 licensing.
13 XII. "Department" means the department of health and human services.
14 XIII. “Disqualifying offense” means a violation of a state or federal controlled substances law
15 that was classified as a felony in the jurisdiction in which the person was convicted, but not
16 including:
17 (a) An offense for which the sentence, including any term of probation, incarceration, or
18 supervised release was completed 5 or more years earlier; or
19 (b) An offense prior to the effective date of this chapter that consisted of cultivation or
20 possession of an amount of cannabis not exceeding the possession limit.
21 XIV. “Immature cannabis plant” means a cannabis plant that has not flowered and that
22 does not have buds that may be observed by unaided visual examination.
23 XV. “Municipality" means a city, town, or an unincorporated place.
24 XVI. “Possession limit” means:
25 (a) Four ounces of cannabis in plant form.
26 (b) Ten grams of concentrated cannabis, including hashish.
27 (c) Cannabis products containing THC purchased from a retail cannabis store which
28 shall be limited to therapeutic use only, for which the purchaser presents documentation permitting
29 use of cannabis for therapeutic purposes pursuant to RSA 126-X, and which shall not contain more
30 than 2 grams of THC.
31 (d) For a person 21 years of age or older, cannabis-infused food or drink products,
32 including but not limited to, cannabis-infused edibles such as candies, gummies, brownies, or
33 cookies, or cannabis-infused alcoholic or non-alcoholic drinks or beverages of any kind, which contain
34 a total of no more than 300 milligrams of tetrahydrocannabinol.
35 This paragraph shall not apply to the possession limits set forth in RSA 126-X:2.
36 XVII. "Public place" means any place to which the general public has access.
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1 XVIII. "Retail cannabis store" or “retail store” means a state-operated facility that purchases
2 cannabis from a cannabis cultivation facility, or purchases cannabis and cannabis products from a
3 cannabis product manufacturing facility, and sells, transfers, and delivers cannabis and cannabis
4 products to consumers.
5 XIX. "Resident" means a natural person who:
6 (a) Is domiciled in New Hampshire; and
7 (b) Has maintained a place of abode in New Hampshire for at least the past 2 years,
8 unless the individual was homeless and residing in New Hampshire for at least 51 percent of the last
9 2 years.
10 318-F:2 Personal Use of Cannabis.
11 I. Except as otherwise provided in this chapter, the following acts, if undertaken by a person
12 21 years of age or older, shall not be illegal under New Hampshire law or the law of any political
13 subdivision of the state or be a basis for seizure or forfeiture of assets under New Hampshire law:
14 (a) Possessing, consuming, using, displaying, obtaining, purchasing, processing,
15 producing, or transporting an amount of cannabis that does not exceed the possession limit, except
16 that no adult other than one who is acting in his or her capacity as a staffer of a cannabis product
17 manufacturer may perform extractions using solvents other than water, glycerin, propylene glycol,
18 vegetable oil, food-grade ethanol, or carbon dioxide.
19 (b) Transferring an amount of cannabis that does not exceed the possession limit to a
20 person who is 21 years of age or older without remuneration. For purposes of this section, a transfer
21 is for remuneration if cannabis is given away contemporaneously with another transaction between
22 the same parties, if a gift of cannabis is offered or advertised in conjunction with an offer for sale of
23 goods or services, or if the gift of cannabis is contingent upon a separate transaction for goods or
24 services.
25 (c) Transferring cannabis, including cannabis products, to a cannabis testing facility.
26 (d) Controlling property where the acts described under this section occur.
27 (e) Assisting another person who is 21 years of age or older in any of the acts described
28 under this section.
29 II. No law enforcement officer employed by an agency that receives state or local
30 government funds shall expend any state or local resources, including the officer’s time, to effect any
31 arrest or seizure of cannabis, or conduct any investigation, on the sole basis of activity the officer
32 believes to constitute a violation of federal law if the officer has reason to believe that such activity is
33 in compliance with this chapter, nor shall any such officer expend any state or local resources,
34 including the officer’s time, to provide any information or logistical support related to such activity to
35 any federal law enforcement authority or prosecuting entity.
36 318-F:3 Personal Cultivation Prohibited. No person shall cultivate cannabis plants unless
37 authorized by law to do so.
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1 318-F:4 Smoking or Vaporizing of Cannabis in Public Prohibited; Penalty. No person shall
2 smoke or vaporize cannabis in an area accessible to the public. Any person who violates this section
3 shall be guilty of a violation, may be fined not more than $500, and shall forfeit all cannabis and
4 cannabis products.
5 318-F:5 Smoking or Vaporizing of Cannabis in a Moving Vehicle Prohibited; Penalty.
6 I. No person shall consume, smoke, or vaporize cannabis or knowingly permit a passenger in
7 their motor vehicle to consume, smoke, or vaporize cannabis while operating or attempting to
8 operate a motor vehicle on a way, or while operating or attempting to operate an off highway
9 recreational vehicle, snowmobile, boat, vessel, aircraft, or other motorized device used for
10 transportation on a way.
11 II. Any person who violates this section who is the operator of a motor vehicle on a way, or
12 while operating or attempting to operate an off-highway recreational vehicle, snowmobile, boat,
13 vessel, aircraft, or other motorized device used for transportation, shall be guilty of a violation, may
14 be fined not more than $500, and shall have his or her driver's license suspended for up to 3 months
15 for the first offense, and shall be guilty of a misdemeanor, and may be fined not more than $1,000
16 and have his or her driver's license suspended for up to 6 months, or both, for a second or subsequent
17 offense.
18 III. The license suspension as described in this section shall only apply a person who
19 violates this section and who is the operator of the motor vehicle, recreational vehicle, snowmobile,
20 boat, vessel, aircraft, or other motorized device used for transportation.
21 IV. When determining whether a person violated an offense under the section, the issue of
22 whether the operator of the motor vehicle is impaired shall not be an element of the offense. A
23 person who consumes, smokes, or vaporizes or permits another to consume, smoke, or vaporize
24 cannabis in a motor vehicle, recreational vehicle, snowmobile, boat, vessel, aircraft, or other
25 motorized device used for transportation he or she is operating shall be liable under this section
26 without regard to fault.
27 V. In this section, “way” shall have the same meaning as in RSA 265-A:44.
28 318-F:6 Cannabis Accessories Authorized.
29 I. Except as provided by this section, it shall not be illegal under New Hampshire law or be a
30 basis for seizure or forfeiture of assets under New Hampshire law for a person 21 years of age or
31 older to manufacture, possess, or purchase cannabis accessories, or to distribute or sell cannabis
32 accessories to a person who is 21 years of age or older.
33 II. Except as provided by this section, a person who is 21 years of age or older, or a business
34 entity, may manufacture, possess, obtain, and purchase cannabis paraphernalia, and may distribute,
35 deliver, or sell cannabis paraphernalia to a person who is 21 years of age or older.
36 III. No person or entity shall manuf