Bill Text: NH HB610 | 2023 | Regular Session | Amended
Bill Title: Expanding the definition of providers who can certify patients of the therapeutic cannabis program and relative to release of a defendant pending trial and relative to product labeling and information guide requirements for cannabis products and the prohibition of the sale of hemp products containing certain levels of THC.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2023-06-27 - Conference Committee Report; Not Signed Off; House Journal 16 [HB610 Detail]
Download: New_Hampshire-2023-HB610-Amended.html
HB 610-FN - AS AMENDED BY THE SENATE
22Feb2023... 0471h
06/01/2023 2062s
06/01/2023 2083s
2023 SESSION
23-0370
05/04
HOUSE BILL 610-FN
AN ACT expanding the definition of providers who can certify patients of the therapeutic cannabis program and relative to release of a defendant pending trial and relative to product labeling and information guide requirements for cannabis products and the prohibition of the sale of hemp products containing certain levels of THC.
SPONSORS: Rep. Vail, Hills. 6; Rep. W. Thomas, Hills. 12; Rep. Cannon, Straf. 12
COMMITTEE: Health, Human Services and Elderly Affairs
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AMENDED ANALYSIS
This bill:
I. Expands the definition of provider under the therapeutic cannabis program to include any individual licensed in New Hampshire to prescribe drugs to humans who holds an active registration from the United States Drug Enforcement Administration to prescribe controlled substances; and requires, for issuance of a registry identification card to a minor, certification from 2 providers, one of whom shall provide pediatric care.
II. Lists certain criminal offenses which, if committed by the defendant, create a presumption that a defendant is a danger to the public and shall be detained for up to 36 hours, and makes an appropriation to the division of state police to develop and implement a system to electronically share an individual’s bail condition status with law enforcement.
III. Requires, for issuance of a registry identification card to a minor, certification from 2 providers, one of whom shall provide pediatric care.
IV. Empowers the therapeutic cannabis oversight board to regulate and review the labels and educational materials of cannabis materials.
V. Prohibits the sale of hemp products containing certain amounts of THC.
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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.
22Feb2023... 0471h
06/01/2023 2062s
06/01/2023 2083s 23-0370
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Use of Cannabis for Therapeutic Purposes; Definition of Provider. Amend RSA 126-X:1, VII(a) by inserting after subparagraph (4) the following new subparagraph:
(5) Any New Hampshire provider who is licensed to prescribe drugs to humans and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances.
2 Registry Identification Cards; Qualifications for Minors. Amend RSA 126-X:5, V(a) to read as follows:
(a) A custodial parent or legal guardian responsible for health care decisions for the qualifying patient submits a written certification from 2 providers, one of whom shall be a [pediatrician] provider who provides pediatric care.
3 Bail and Recognizances; Release of a Defendant Pending Trial. Amend RSA 597:2, I-III(a) to read as follows:
I. Except as provided in paragraph III or VI, upon the appearance before the court of a person charged with an offense, the court shall issue an order that, pending arraignment or trial, the person be:
(a) Released on his or her personal recognizance or upon execution of an unsecured appearance bond, pursuant to the provisions of paragraph III;
(b) Released on a condition or combination of conditions pursuant to the provisions of paragraph III;
(c) Detained; or
(d) Temporarily detained to permit revocation of conditional release pursuant to the provisions of paragraph VIII.
II. Except as provided in RSA 597:1-d, a person charged with a probation violation shall be entitled to a bail hearing. The court shall issue an order that, pending a probation violation hearing, the person be:
(a) Released on his or her personal recognizance or upon execution of an unsecured appearance bond, pursuant to the provisions of paragraph III;
(b) Released on a condition or combination of conditions pursuant to the provisions of paragraph III; or
(c) Detained.
III. When considering whether to release or detain a person, the court and, if applicable, a bail commissioner shall consider the following issues:
(a) Safety of the public or the defendant.
(1) Except as provided in RSA 597:1-c, a person who is charged with homicide under RSA 630; first degree assault under RSA 631:1; second degree assault under RSA 631:2; domestic violence under RSA 631:2-b; aggravated felonious sexual assault under RSA 632-A:2; felonious sexual assault under RSA 632-A:3; kidnapping under RSA 633:1; stalking under RSA 633:3-a; trafficking in persons under RSA 633:7; robbery under RSA 636:1, III; possession, manufacture, or distribution of child sexual abuse images under RSA 649-A; or computer pornography and child exploitation under RSA 649-B; shall not be brought before a bail commissioner and shall, upon arrest, be detained pending arraignment before the court. Arraignment shall occur no later than 24 hours after the arrest, Saturdays, Sundays, and legal holidays excluded, or no later than 36 hours after arrest if arrested between 8:00 a.m. and 1:00 p.m. and the person’s attorney is unable to attend an arraignment on the same day, Saturdays, Sundays, and legal holidays excluded. At the person’s appearance before the court, the court shall order that the person be detained pending trial if the court determines by clear and convincing evidence that release of the person is a danger to the public or themselves. In determining whether release will endanger the safety of that person or the public, the court may consider all relevant and material factors presented pursuant to paragraph IV. If the court does not find by clear and convincing evidence that the person must be detained, the court shall order the person released pursuant to paragraph I(a) or paragraph I(b), or, if applicable, temporarily detained pursuant to paragraph I(d).
(2) If a person is charged with any other criminal offense, an offense listed in RSA 173-B:1, I, or a violation of a protective order under RSA 458:16, III, or after arraignment, is charged with a violation of a protective order issued under RSA 173-B, the court may order preventive detention without bail, or, in the alternative, may order restrictive conditions including, but not limited to electronic monitoring and supervision, only if the court determines by clear and convincing evidence that release will endanger the safety of that person or the public. In determining whether release will endanger the safety of that person or the public, the court may consider all relevant factors presented pursuant to paragraph IV.
4 Appropriation; Department of Safety; Division of State Police. The sum of $1,000,000 is hereby appropriated in the fiscal year ending June 30, 2023, to the department of safety, division of state police, to develop and implement a system to electronically share an individual’s bail condition status with law enforcement. This appropriation shall not lapse. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
5 New Subparagraph; Use of Cannabis for Therapeutic Purposes. Amend RSA 126-X:12, IV by inserting after subparagraph (h) the following new subparagraph:
(h) Developing, reviewing, and updating cannabis product labels and educational material about the risks of cannabis use to be provided to qualifying patients by alternative treatment centers and certifying medical providers.
6 New Section; Agriculture, Horticulture and Animal Husbandry; Hemp; Hemp-Derived Products Containing THC Prohibited. Amend RSA 439-A by inserting after section 439-A:3 the following new section:
439-A:4 Hemp-Derived Products Containing THC Prohibited. Nothing in this chapter shall be construed to authorize the sale of products that are derived from hemp which contain natural or synthetic tetrahydrocannabinol (THC) greater than 0.3 percent on a dry weight basis, which appear in any formulation, including delta-8 THC, delta-9 THC, or any other THC isomer variant.
I. Section 4 of this act shall take effect June 30, 2023.
II. Section 3 of this act shall take effect January 1, 2024.
III. The remainder of this act shall take effect 60 days after its passage.
23-0370
Amended 4/19/23
HB 610-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2023-0471h)
AN ACT expanding the definition of providers who can certify patients of the therapeutic cannabis program.
FISCAL IMPACT: [ ] State [ ] County [ ] Local [ X ] None
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The Department of Health and Human Services states this bill, as amended, will have no fiscal impact on state, county and local expenditures or revenues.
AGENCIES CONTACTED:
Department of Health and Human Services
