TITLE LXII
CRIMINAL CODE

Chapter 639-A
CONTROLLED DRUG-RELATED CRIMES

Section 639-A:1

    639-A:1 Definitions. –
In this chapter:
I. "Controlled substance" means "controlled drugs" as defined by RSA 318-B:1, VI.
II. "Chemical substance" means a substance intended to be used as a precursor in the manufacture of a controlled substance or any other chemical intended to be used in the manufacture of a controlled substance.
III. "Child" means any person under the age of 18 years.
IV. "Vulnerable adult" means a person 18 years of age or older who is vulnerable, as defined in RSA 161-F:43, VII.
V. "Controlled substance paraphernalia" means all equipment, products, and materials of any kind that are used, intended for use, or designed for use in manufacturing, injecting, ingesting, inhaling, or otherwise introducing controlled substances, except those possessed pursuant to a valid prescription as defined by RSA 318-B:1, XXVIII, into the human body.
VI. "Controlled substance waste products" means substances, chemicals, or items of any kind used in the manufacture of controlled substances or any part of the manufacturing process, or the by-products or degradants of manufacturing controlled substances.

Source. 2006, 135:1, eff. May 19, 2006. 2016, 59:11, eff. July 4, 2016. 2025, 189:2, eff. Jan. 1, 2026.

Section 639-A:2

    639-A:2 Prohibited Conduct. –
I. No person shall knowingly engage in any of the following activities in the presence of a child or vulnerable adult; in the residence of a child or a vulnerable adult; in a building, structure, conveyance, outdoor location, or vehicle where a child or vulnerable adult might reasonably be expected to be present; within any drug-free school zone, as defined under RSA 193-B:1, II; in a room offered to the public for overnight accommodations; or in any multiple unit residential building:
(a) Manufacturing or attempting to manufacture a controlled substance.
(b) Storing any chemical substance.
(c) Storing or disposing of any controlled substance waste products.
(d) Storing or disposing of any controlled substance paraphernalia.
II. No person shall knowingly cause or permit a child or vulnerable adult to inhale, be exposed to, have contact with, or ingest a controlled substance, except pursuant to a valid prescription as defined by RSA 318-B:1, XXVIII, a chemical substance, or controlled substance paraphernalia.
III. No person shall, with the intent to engage in any prohibited conduct under paragraph I, knowingly cause or permit any child or vulnerable adult to buy or otherwise obtain a controlled substance, except pursuant to a valid prescription as defined by RSA 318-B:1, XXVIII, or controlled substance paraphernalia.

Source. 2006, 135:1, eff. May 19, 2006. 2016, 59:10, 11, eff. July 4, 2016. 2025, 189:3, eff. Jan. 1, 2026.

Section 639-A:3

    639-A:3 Penalties. –
I. A person convicted of an offense under RSA 639-A:2 shall be guilty of a felony and, notwithstanding RSA 651:2, may be sentenced to imprisonment for not more than 5 years or a fine of up to $10,000, or both.
II. A prosecution or conviction under this chapter is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.

Source. 2006, 135:1, eff. May 19, 2006.

Section 639-A:4

    639-A:4 Protective Custody for Health Screening; Reports Required. –
I. A peace officer shall, pursuant to RSA 169-C:6, take any child present in an area where any of the activities described in RSA 639-A:2 are taking place into protective custody. Upon taking a child into protective custody, the peace officer shall follow the procedures outlined in RSA 169-C:6 and shall report the matter to the department of health and human services as a suspected incident of abuse or neglect under RSA 169-C:29. The department shall investigate the report in accordance with RSA 169-C:34 and shall, as part of its investigation, screen the child for possible health concerns related to exposure to a controlled substance or substances, except pursuant to a valid prescription as defined by RSA 318-B:1, XXVIII.
II. If a peace officer does not take a child into protective custody under this section, but has reason to believe that the child may have been exposed to a controlled substance or substances, except pursuant to a valid prescription as defined by RSA 318-B:1, XXVIII, the peace officer shall report the matter to the department of health and human services as a suspected incident of abuse or neglect under RSA 169-C:29. The department shall investigate the report in accordance with RSA 169-C:34 and may, as part of its investigation, screen the child for possible health concerns related to exposure to a controlled substance or substances, except pursuant to a valid prescription as defined by RSA 318-B:1, XXVIII.

Source. 2006, 135:1, eff. May 19, 2006. 2025, 189:4, eff. Jan. 1, 2026.

Section 639-A:5

    639-A:5 Applicability. – This chapter shall not apply to the therapeutic use of cannabis as authorized by RSA 126-X.

Source. 2025, 189:5, eff. Jan. 1, 2026.