Bill Text: NH SB419 | 2024 | Regular Session | Introduced
Bill Title: Relative to the annual data report on the therapeutic use of cannabis program and relative to permitting qualifying patients and designated caregivers to cultivate cannabis for therapeutic use.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2024-05-30 - Sen. Carson Moved Nonconcur with the House Amendment, Motion Adopted, Voice Vote; 05/30/2024; Senate Journal 16 [SB419 Detail]
Download: New_Hampshire-2024-SB419-Introduced.html
SB 419-FN - AS INTRODUCED
2024 SESSION
24-2980
09/10
SENATE BILL 419-FN
AN ACT relative to THC limits in cannabis and reporting.
SPONSORS: Sen. Gannon, Dist 23; Sen. Lang, Dist 2; Sen. Birdsell, Dist 19; Rep. Hobson, Rock. 14; Rep. Piemonte, Rock. 9
COMMITTEE: Judiciary
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ANALYSIS
This bill establishes a definition for "cannabis concentrate", amends the definition of "usable cannabis", and requires additional information in the commissioner of the department of health and human services annual report on the therapeutic use of cannabis program.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2980
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to THC limits in cannabis and reporting.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1 by inserting after paragraph III the following new paragraph:
III-a. “Cannabis concentrate” means any form of cannabinoid extracted from usable cannabis plant material using an extraction method, such as water, food, carbon dioxide, alcohol, or other solvent that is under 16% tetrahydrocannabinol.
2 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, XV to read as follows:
XV. "Usable cannabis" means the dried leaves and flowers of the cannabis plant and any mixture or preparation thereof that is under 16 percent tetrahydrocannabinol, but does not include the seeds, stalks, and roots of the plant and does not include the weight of any non-cannabis ingredients combined with cannabis and prepared for consumption as food or drink.
3 Use of Cannabis for Therapeutic Purposes; Annual Data Report; Release of Data. Amend RSA 126-X:10, IV to read as follows:
IV. The commissioner's data report shall include but not be limited to the following information:
(a) The number of designated caregivers and the number of qualifying patients, by town or city and county.
(b) The ages of the qualifying patients and the ages of the designated caregivers.
(c) The qualifying medical conditions and the number of each qualifying medical condition.
(d) The symptoms or side effects and the number of each symptom or side effect.
(e) The number of physicians and the number of advanced practice registered nurses issuing written certifications.
(f) The number of providers in each medical specialty issuing written certifications.
(g) The number of inspections conducted of alternative treatment centers.
(h) The number of complaints that allege a violation of RSA 126-X or administrative rules in He-C 402 received.
(i) The number of investigations of complaints alleging a violation of RSA 126-X or administrative rules in He-C 402.
(j) The statements of findings that were issued when, as a result of any inspection, complaint, or monitoring, the department determines that the alternative treatment center is in violation of or not in compliance with any of the provisions of RSA 126-X, administrative rules in He-C 402, or any applicable code.
(k) The alternative treatment center plans of correction to address the areas of noncompliance cited in the statements of findings.
(l) The number of hearings the department held for violations of RSA 126-X or the administrative rules in He-C 402 and enforcement actions taken, including the name of the alternative treatment center and the violations found.
[(g)] (m) Any other issues related to the therapeutic use of cannabis permitted under this chapter that the health and human services oversight committee shall request.
4 Effective Date. This act shall take effect 60 days after its passage.
24-2980
Revised 12/26/23
SB 419-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to THC limits in cannabis and reporting.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill establishes a definition of "cannabis concentrate," imposes certain reporting requirements on the Department of Health and Human Services (DHHS), and amends the definition of "usable cannabis" to that which is under 16 percent tetrahydrocannabinol (THC). Per DHHS, the latter change would make it unlawful for a qualifying patient or their designated caregiver to possess, and for an alternative treatment center to cultivate or produce, cannabis and cannabis products that have a concentration of THC that is greater than 16 percent. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments.
A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
The Department of Health and Human Services anticipates that any costs associated with reporting requirements, etc, will be absorbed within its existing budget.
AGENCIES CONTACTED:
Department of Health and Human Services, Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
