HB 1567-FN – AS INTRODUCED
2008 SESSION
04/01
HOUSE BILL 1567-FN
AN ACT permitting the possession of marijuana in certain quantities.
SPONSORS: Rep. Weed, Ches 3; Rep. Vaillancourt, Hills 15; Rep. L. Hammond, Graf 11
COMMITTEE: Criminal Justice and Public Safety
This bill permits the possession of up to 1/4 ounce of marijuana for personal or medical use.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2124
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT permitting the possession of marijuana in certain quantities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Controlled Drug Act; Personal or Medicinal Use of Marijuana Permitted. Amend RSA 318-B by inserting after section 2-b the following new section:
318-B:2-c Personal or Medical Use of Marijuana Permitted.
I. No person possessing up to 1/4 ounce of marijuana, including any adulterants or dilutants, for personal use, including prescribed medical use, shall be prosecuted under this chapter.
II. Any person who is in possession of up to 1/4 ounce of marijuana, including any adulterants or dilutants, who engages in any conduct prohibited under RSA 318-B:2 shall be guilty of a class A misdemeanor.
III. In this section, “medical use” means written certification by a licensed physician that a person has a debilitating medical condition and that the potential heath benefits of the medical use of marijuana would outweigh any health risks associated with such use. A “debilitating medical condition” shall mean:
(a) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, or the treatment of these conditions; or
(b) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe or chronic pain; severe nausea; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn’s disease or agitation of Alzheimer’s disease.
2 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(d)(1) to read as follows:
(1) Marijuana in a quantity of greater than 1/4 ounce but less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than 5 grams including any adulterants or dilutants;
3 Model Drug Dealer Liability Act; Definitions Amended. Amend RSA 318-C:4, V to read as follows:
V. “Level 1 offense” means possession of greater than 1/4 ounce [or more], but less than 4 ounces, or distribution of less than one ounce of an illegal drug other than marijuana, or possession of one pound or more or 25 plants or more, but less than 4 pounds or 50 plants, or distribution of more than 1/2 pound but less than one pound of marijuana.
4 Effective Date. This act shall take effect January 1, 2009.
LBAO
08-2124
12/12/07
HB 1567-FN - FISCAL NOTE
AN ACT permitting the possession of marijuana in certain quantities.
FISCAL IMPACT:
The Judicial Branch, the Judicial Council and the New Hampshire Association of Counties state this bill may decrease state and county expenditures in FY 2009 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill would allow the possession of up to ¼ ounce of marijuana for personal or medical use may reduce the number of class A misdemeanor cases but has no information to determine the number. The Branch states the cost of a class A misdemeanor case in the district court is $49.60 in FY 2009 and $51.14 in FY 2010 and each year thereafter. The Branch estimates it would take 202 fewer cases in FY 2009 or 196 fewer cases in FY 2010 and each year thereafter to have a cost savings in excess of $10,000. However, this does not consider the cost of an appeal to the Supreme Court, with a single case typically having a fiscal impact in excess of $10,000. If this bill results in fewer appeals, the potential cost savings would be even greater.
The Judicial Council states this bill may decrease expenditure of indigent defense funds by an indeterminable amount. The Council indicates many police departments do not criminally charge for small amounts of marijuana possession and suggests the cost savings by decriminalizing the possession of a ¼ ounce or less of marijuana may be limited.
The New Hampshire Association of Counties states to the extent individuals are incarcerated in county facilities for the possession of a ¼ ounce or less of marijuana county expenditures may decrease. The average annual cost to incarcerate an individual in a county correctional facility is $29,000. However, the Association states it is not clear individuals are incarcerated for this conduct so county expenditures may be unaffected.
The Department of Justice states district court prosecutors or county attorneys normally prosecute this type of case and should not have a fiscal impact on the Department.