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Key Votes

SB 409 - Authorizes Medical Marijuana - Key Vote

New Hampshire Key Votes

John Lynch vetoed this Legislation.

Read statements John Lynch made in this general time period.

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Legislation - Veto Override Failed (Senate) (13-10) - (Key vote)

Title: Authorizes Medical Marijuana

Vote Smart's Synopsis:

Vote to override a veto of a bill that authorizes the use of marijuana for medicinal purposes.

Highlights:
  • Authorizes a “qualifying patient” to use medical marijuana (Sec. 1).
  • Authorizes a “qualifying patient” or a “designated caregiver” to cultivate marijuana for medical uses at a  “cultivation location” (Sec. 1).
  • Defines “cultivation location” as (Sec. 1):
    •  A locked and enclosed site;
    •  A location that has been reported to the Department of Health and Human Services; and
    •  Under the control of a patient or designated caregiver.
  • Defines “qualifying patient” as an individual who has been diagnosed by a provider as having a “qualifying medical condition” and who possesses a valid registry identification card (Sec. 1).
  • Defines “qualifying medical condition” as a “severely debilitating or terminal disease” with symptoms or treatment results that include at least one of the following (Sec 1):
    •  Severe pain that has not responded to previously prescribed medication or surgical measures for more than 3 months;
    •  Severe nausea;
    •  Severe vomiting;
    •  Seizures; or
    •  Severe and persistent muscle spasms.
  • Defines “severely debilitating or terminal disease” as, including but not limited to, the following (Sec. 1):
    •  Cancer;
    •  Glaucoma;
    •  Positive status for human immunodeficiency virus (HIV);
    •  Acquired immune deficiency syndrome (AIDS);
    •  Hepatitis C currently receiving antiviral treatment; or
    •  An unlisted medical condition which the commissioner determines is “severely debilitating” or terminal.
  • Defines “designated caregiver” as an individual who (Sec. 1):
    •  Is at least 21 years of age;
    •  Has never been convicted of any drug-related offense;
    •  Agrees to help a qualifying patient using medical marijuana; and
    •  Possesses a valid registry identification card.
  • Specifies that a donation, not to exceed $200, is made to the registry identification card fund for a “medicinal use certificate” (Sec. 1).
  • Authorizes the department to accept gifts, grants, donations, or other funds without governor or council approval (Sec. 1).
  • Authorizes a designated caregiver or qualifying patient, who does not have a designated caregiver, to possess the following quantities of marijuana if they are present at a cultivation location (Sec. 1):
    •  6 ounces of usable marijuana;
    •  Any amount of unusable marijuana;
    •  4 mature marijuana plants; and
    •  12 seedlings.
  • Authorizes a qualifying patient or a designated caregiver to possess the following amounts of marijuana if they are not present at the cultivation location  (Sec. 1):
    •  2 ounces of usable marijuana; and
    •  Any amount of unusable marijuana.
  • Prohibits an individual who is not a qualifying patient or a designated caregiver from receiving a penalty for “being in the presence” of medical marijuana (Sec. 1)
  • Prohibits qualifying patients from being under the influence of, or smoking, marijuana in the following circumstances, including but not limited to (Sec. 1):
    •  When the individual is operating a motor vehicle, heavy, or dangerous machinery;
    •  When the individual is at a place of employment; or
    •  When the individual is in public spaces and places.
  • Specifies that health insurance providers, health care plans, and medical assistance programs are not required to reimburse individuals for the use of medical marijuana (Sec. 1).
  • Authorizes a person who is arrested for possession, cultivation, transportation of marijuana, or possession of marijuana paraphernalia to raise an affirmative defense that he or she has a qualifying medical condition but have yet to possess a valid registry identification card in the following circumstances, including but not limited to (Sec. 1):
    • The person does not possess more than 2 ounces of usable marijuana and any amount of unusable paraphernalia, if the marijuana is not on the person’s property; or
    • If the marijuana is on the person’s property, the person does not posses more than 6 ounces of usable marijuana and any amount of unusable marijuana and is not cultivating more than 4 mature marijuana plants and 12 seedlings, which shall be in a locked and enclosed location of the person’s property.
  • Requires a fine of $500, in addition to other penalties, for individuals who falsely claim to possess marijuana for medical reasons (Sec. 1).
  • Requires a penalty of a Class B Felony, punishable by up to 7 years in prison and a fine of up to $300,000 for any patient or designated caregiver who is convicted of selling marijuana to an individual who is not a qualifying patient or designated caregiver (Sec. 4).
Legislation - Vetoed (Executive) -

Title: Authorizes Medical Marijuana

Legislation - Conference Report Adopted (Senate) (13-9) -
Legislation - Conference Report Adopted (House) -
Legislation - Nonconcurrence Vote Passed (Senate) (14-6) -
Legislation - Bill Passed With Amendment (House) (236-96) - (Key vote)

Title: Authorizes Medical Marijuana

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the use of medical marijuana.

Highlights:
  • Authorizes an individual to use and possess marijuana if the individual is a “qualifying patient” or “designated caregiver” in possession of a valid registry identification card (Sec. 1).
  • Defines “qualifying patient” as an individual who has been diagnosed by a physician as having a debilitating medical condition and who possesses a valid registry identification card (Sec. 1).
  • Defines “designated caregiver” as an individual who meets all of the following criteria (Sec. 1):
    • The individual is at least 21 years of age;
    • The individual has agreed to assist with a qualifying patient's use of marijuana;
    • The individual has never been convicted of any drug-related offense; and
    • The individual possesses a valid registry identification card.
  • Authorizes a designated caregiver to receive compensation, not in the form of a controlled substance, for costs, not including labor, associated with assisting a qualifying patient who has requested the designated caregiver to assist him or her with the medical use of marijuana (Sec. 1).
  • Authorizes qualifying patients and designated caregivers at approved “cultivation locations” to be in possession of the following amounts of marijuana (Sec. 1):
    • 6 ounces of “usable marijuana”;
    • Any amount of “unusable marijuana”; and
    • 4 mature marijuana plants and 12 seedlings with a total canopy of less than 100 square feet.
  • Defines “cultivation location” as a secure site that has been reported to the New Hampshire Department of Health and Human Services and is under the control of the qualified patient or designated caregiver (Sec. 1).
  • Defines “usable marijuana” as the dried leaves and flowers of the marijuana plant and any mixture or preparation thereof (Sec. 1).
  • Defines “unusable marijuana” as any marijuana, other than usable marijuana, including seeds, stalks, and root of the plant (Sec. 1).
  • Limits the amount of usable marijuana that qualifying patients and designated caregivers who are not located at cultivation locations may  possess to no more than 2 ounces (Sec. 1).   
  • Requires a qualifying patient to submit the following to the New Hampshire Department of Health and Human Services in order to obtain a registry identification card (Sec. 1):
    • “Written certification”;
    • An application or renewal fee of no more than $200;
    • Name, mailing address, and date of birth;
    • Name, address, and phone number of the applicant's physician;
    • The street address of the cultivation location if the qualifying patient does not have a designated caregiver; and
    • A statement signed by the applicant in which the applicant agrees not to give marijuana to anyone who is not qualified to receive it under this bill.
  • Defines “written certification” as a document, signed by a physician, stating that in the physician's opinion, made in the course of a “bona fide” physician-patient relationship of at least 3 months, the patient has a debilitating medical condition and that the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient (Sec.1).
  • Requires a designated caregiver to submit the following to the New Hampshire Department of Health and Human Services in order to obtain a registry identification card (Sec. 1):
    • An application or renewal fee of no more than $200;
    • Name, mailing address, and date of birth;
    • Name, mailing address, and date of birth of the qualifying patient for whom the applicant will act as designated caregiver;
    • A complete set of fingerprints;
    • The street address of the cultivation location;
    • A statement indicating whether the applicant would prefer the department to retain his or her fingerprints in the event of further renewals, or destroy them; and
    • A statement signed by the applicant in which the applicant agrees not to give marijuana to anyone who is not qualified to receive it under this bill.
  • Prohibits a designated caregiver from caring for more than 1 qualifying patient at a time (Sec. 1).
  • Prohibits the use of medical marijuana in any place other than privately-owned residential properties with the permission of the owner (Sec. 1).
  • Establishes a fine of up to $100 for a qualified patient or designated caregiver who is in possession of marijuana without his or her registry identification card (Sec. 1).
Legislation - Bill Passed (Senate) (13-11) - (Key vote)

Title: Authorizes Medical Marijuana

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the use of medical marijuana.

Highlights:
  • Authorizes an individual to use and possess marijuana if the individual is a “qualifying patient” or “designated caregiver” in possession of a valid registry identification card (Sec. 1).
  • Defines “qualifying patient” as an individual who has been diagnosed by a physician as having a debilitating medical condition and who possesses a valid registry identification card (Sec. 1).
  • Defines “designated caregiver” as an individual who meets all of the following criteria (Sec. 1):
    • The individual is at least 21 years of age;
    • The individual has agreed to assist with a qualifying patient's use of marijuana;
    • The individual has never been convicted of any drug-related offense; and
    • The individual possesses a valid registry identification card.
  • Authorizes a designated caregiver to receive compensation, not in the form of a controlled substance, for costs, not including labor, associated with assisting a qualifying patient who has requested the designated caregiver to assist him or her with the medical use of marijuana (Sec. 1).
  • Authorizes qualifying patients and designated caregivers at approved “cultivation locations” to be in possession of the following amounts of marijuana (Sec. 1):
    • 6 ounces of “usable marijuana”;
    • Any amount of “unusable marijuana”; and
    • 4 mature marijuana plants and 12 seedlings with a total canopy of less than 100 square feet.
  • Defines “cultivation location” as a secure site that has been reported to the New Hampshire Department of Health and Human Services and is under the control of the qualified patient or designated caregiver (Sec. 1).
  • Defines “usable marijuana” as the dried leaves and flowers of the marijuana plant and any mixture or preparation thereof (Sec. 1).
  • Defines “unusable marijuana” as any marijuana, other than usable marijuana, including seeds, stalks, and root of the plant (Sec. 1).
  • Limits the amount of usable marijuana that qualifying patients and designated caregivers who are not located at cultivation locations may  possess to no more than 2 ounces (Sec. 1).   
  • Requires a qualifying patient to submit the following to the New Hampshire Department of Health and Human Services in order to obtain a registry identification card (Sec. 1):
    • “Written certification”;
    • An application or renewal fee of no more than $200;
    • Name, mailing address, and date of birth;
    • Name, address, and phone number of the applicant's physician;
    • The street address of the cultivation location if the qualifying patient does not have a designated caregiver; and
    • A statement signed by the applicant in which the applicant agrees not to give marijuana to anyone who is not qualified to receive it under this bill.
  • Defines “written certification” as a document, signed by a physician, stating that in the physician's opinion, made in the course of a “bona fide” physician-patient relationship of at least 3 months, the patient has a debilitating medical condition and that the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient (Sec.1).
  • Requires a designated caregiver to submit the following to the New Hampshire Department of Health and Human Services in order to obtain a registry identification card (Sec. 1):
    • An application or renewal fee of no more than $200;
    • Name, mailing address, and date of birth;
    • Name, mailing address, and date of birth of the qualifying patient for whom the applicant will act as designated caregiver;
    • A complete set of fingerprints;
    • The street address of the cultivation location;
    • A statement indicating whether the applicant would prefer the department to retain his or her fingerprints in the event of further renewals, or destroy them; and
    • A statement signed by the applicant in which the applicant agrees not to give marijuana to anyone who is not qualified to receive it under this bill.
  • Prohibits a designated caregiver from caring for more than 1 qualifying patient at a time (Sec. 1).
  • Prohibits the use of medical marijuana in any place other than privately-owned residential properties with the permission of the owner (Sec. 1).
  • Establishes a fine of up to $100 for a qualified patient or designated caregiver who is in possession of marijuana without his or her registry identification card (Sec. 1).
Legislation - Introduced (Senate) -

Title: Authorizes Medical Marijuana

Sponsors

  • Jim Forsythe (NH - R) (Out Of Office)

Co-sponsors

  • Jennifer R. 'Jenn' Coffey (NH - R) (Out Of Office)
  • John T. Gallus (NH - R) (Out Of Office)
  • Evalyn S. Merrick (NH - D) (Out Of Office)
  • Ray White (NH - R) (Out Of Office)
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