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).

Full Bill Text

Vetoed by Governor John Lynch

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).

Full Bill Text

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).

Full Bill Text