CHAPTER 186

HB 287-FN - FINAL VERSION

 

06/01/2023   2060s

2023 SESSION

23-0541

04/05

 

HOUSE BILL 287-FN

 

AN ACT removing fentanyl and xylazine testing equipment from the definition of drug paraphernalia in the controlled drug act.

 

SPONSORS: Rep. Newell, Ches. 4; Rep. Read, Rock. 10; Rep. Popovici-Muller, Rock. 17; Rep. Wheeler, Hills. 33; Rep. Seibert, Hills. 21

 

COMMITTEE: Criminal Justice and Public Safety

 

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AMENDED ANALYSIS

 

This bill removes fentanyl and xylazine testing paraphernalia in certain instances from the definition of drug paraphernalia in the controlled drug act.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06/01/2023   2060s 23-0541

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT removing fentanyl and xylazine testing equipment from the definition of drug paraphernalia in the controlled drug act.

 

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

 

186:1  New Paragraph; Occupations and Professions; Controlled Drug Act; Definitions.  Amend RSA 318-B:1 by inserting after paragraph X-a the following new paragraph:

X-b.  Notwithstanding the provisions of RSA 318-B:1, X-a, “drug paraphernalia” shall not include fentanyl test strips, xylazine test strips, or other materials used or intended for use in testing for the presence of fentanyl, xylazine, or a fentanyl or xylazine analog in a substance, unless possessed in conjunction with other evidence forming the basis of a criminal charge involving the manufacturing, possessing with the intent to sell, or compounding pursuant to RSA 318-B:2, I.

186:2  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: August 04, 2023

Effective Date: October 03, 2023