New Hampshire HB 643: relative to legalizing marijuana.

Bill Text

HB 643-FN-A - AS INTRODUCED

2023 SESSION

 23-0516

 04/08

HOUSE BILL 643-FN-A

AN ACT relative to legalizing marijuana.

SPONSORS: Rep. Damon, Sull. 8

COMMITTEE: Criminal Justice and Public Safety

─────────────────────────────────────────────────────────────────

ANALYSIS

 This bill legalizes marijuana for persons 21 years of age and older.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 23-0516

 04/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to legalizing marijuana.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Purpose and Findings. The general court hereby finds that:

 I. The people of the state of New Hampshire find and declare that the use of cannabis by a person 21 years of age or older should be legal and subject to reasonable regulations.

 II. In the interest of the health and public safety of our citizenry, the people of the state of New Hampshire further find and declare that cannabis should be regulated in a manner similar to alcohol so that:

 (a) Individuals will be required to show proof of age before purchasing cannabis, and that the state shall protect the privacy of an individual's personally identifiable information in cannabis transactions.

 (b) Selling, distributing, or transferring cannabis to minors and other individuals under the age of 21 shall remain illegal.

 (c) Driving under the influence of cannabis or using cannabis while driving shall be illegal.

 (d) All retail cannabis stores shall be operated by the state of New Hampshire.

 (e) Cannabis sold in this state shall be tested, labeled, and subject to additional regulations to ensure that consumers are informed and protected.

 (f) The state of New Hampshire shall not collect any transfer tax from any cannabis cultivator or retail sales tax from any consumer. 

 2 New Subparagraph; Application of Receipts; Cannabis Control Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (382) the following new subparagraph:

 (383) Moneys deposited in the cannabis control fund established in RSA 318-F:15. 

 3 Alcoholic Beverages; Statement From Purchaser as to Age. Amend RSA 179:8, I(d) to read as follows:

 (d) A valid passport [from] issued by the United States or by a country with whom the United States maintains diplomatic relations.

 4 Model Drug Dealer Liability Act; Definition of Illegal Drug. Amend RSA 318-C:4, I to read as follows:

 I. "Illegal drug" means any drug which is a schedule I-IV drug under RSA 318-B, the possession, use, manufacture, sale, or transportation of which is not otherwise authorized by law. 

 5 New Chapter; Regulation of Cannabis. Amend RSA by inserting after chapter 318-E the following new chapter:

CHAPTER 318-F

REGULATION OF CANNABIS

 318-F:1 Definitions. In this chapter:

 I. “Alternative treatment center” means an entity as defined in RSA 126-X:1, I.

 II. "Cannabis" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including cannabis concentrate. "Cannabis" shall not include hemp, fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant that is incapable of germination, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product.

 III. "Cannabis accessories" or “cannabis paraphernalia” means any equipment, products, or materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis into the human body.

 IV. "Cannabis cultivation facility" or “cultivation facility” means an entity registered to cultivate, prepare, and package cannabis, and sell cannabis to retail cannabis stores, to cannabis product manufacturing facilities, and to other cannabis cultivation facilities, but not to consumers. A cannabis cultivation facility shall not produce cannabis concentrates, tinctures, extracts, or other cannabis products.

 V. "Cannabis establishment" means a cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, a retail cannabis store, a cannabis transpo