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HB0492

HB0492

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Published by: stevennelson10 on Jan 15, 2014
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HB 492-FN-LOCAL – AS INTRODUCED
2013 SESSION13-044304/03HOUSE BILL
 492-FN-LOCAL
 AN ACT relative to the legalization and regulation of marijuana.SPONSORS: Rep. Vaillancourt, Hills 15; Rep. Warden, Hills 39; Rep. Winters, Hills 18;Rep. Lambert, Hills 44; Rep. Robertson, Ches 6COMMITTEE: Criminal Justice and Public Safety ANALYSISThis bill:I. Legalizes the personal use of up to one ounce of marijuana by persons 21 years of age or older.II. Authorizes the licensing of marijuana wholesale, retail, cultivation, and testing facilities.III. Imposes a tax on the sale of marijuana.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter removed from current law appears [in brackets and struckthrough.]Matter which is either (a) all new or (b) repealed and reenacted appears in regular type
.
 
HB 492-FN-LOCAL – AS INTRODUCED
13-044304/03STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
 AN ACT relative to the legalization and regulation of marijuana.
 Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Purpose and Findings. The general court hereby finds that:1I. In the interest of the efficient use of law enforcement resources, enhancing revenue for2public purposes, and individual freedom, the people of the state of New Hampshire find and declare3that the use of marijuana should be legal for persons 21 years of age or older and taxed in a manner4similar to alcohol.5II. In the interest of the health and public safety of our citizenry, the people of the state of 6New Hampshire further find and declare that marijuana should be regulated in a manner similar to7alcohol so that:8(a) Individuals will have to show proof of age before purchasing marijuana;9(b) Selling, distributing, or transferring marijuana to minors and other individuals10under the age of 21 shall remain illegal;11(c) Driving under the influence of marijuana shall remain illegal;12(d) Legitimate, taxpaying business people, and not criminal actors, will conduct sales of 13marijuana; and14(e) Marijuana sold in this state will be labeled and subject to additional regulations to15ensure that consumers are informed and protected.16III. It is necessary to ensure consistency and fairness in the application of this act17throughout the state and that, therefore, the matters addressed by this act are, except as specified18herein, matters of statewide concern.192 New Chapter; Regulation of Marijuana. Amend RSA by inserting after chapter 318-E the20following new chapter:21CHAPTER 318-F22REGULATION OF MARIJUANA 23318-F:1 Definitions. As used in this chapter:24I. “Consumermeans a person 21 years of age or older who purchases marijuana or25marijuana products for personal use by persons 21 years of age or older, but not for resale to others.26II. “Department” means the department of revenue administration.27III. “Marijuana” means all parts of the plant of the genus cannabis whether growing or not,28the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture,29salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana30concentrate. “Marijuana” shall not include fiber produced from the stalks, oil, or cake made from the31
 
HB 492-FN-LOCAL – AS INTRODUCED- Page 2
 -seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any1other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or2other product.3IV. “Marijuana accessories” means any equipment, products, or materials of any kind which4are used, intended for use, or designed for use in planting, propagating, cultivating, growing,5harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing,6testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for7ingesting, inhaling, or otherwise introducing marijuana into the human body.8 V. “Marijuana cultivation facility” means an entity licensed to cultivate, prepare, and9package marijuana and sell marijuana to retail marijuana stores, to marijuana product10manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.11 VI. “Marijuana establishment” means a marijuana cultivation facility, a marijuana testing12facility, a marijuana product manufacturing facility, or a retail marijuana store.13 VII. “Marijuana product manufacturing facility” means an entity licensed to purchase14marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and15marijuana products to other marijuana product manufacturing facilities and to retail marijuana16stores, but not to consumers.17 VIII. “Marijuana products” means concentrated marijuana products and marijuana products18that are comprised of marijuana and other ingredients and are intended for use or consumption, such19as, but not limited to, edible products, ointments, and tinctures.20IX. “Marijuana testing facility” means an entity licensed to analyze and certify the safety21and potency of marijuana.22X. “Retail marijuana store” means an entity licensed to purchase marijuana from marijuana23cultivation facilities and marijuana and marijuana products from marijuana product manufacturing24facilities and to sell marijuana and marijuana products to consumers.25318-F:2 Personal Use of Marijuana. Notwithstanding any other provision of law, the following26acts shall not be unlawful and shall not be an offense under New Hampshire law or the law of any27municipality within New Hampshire or be a basis for seizure or forfeiture of assets under28New Hampshire law for persons 21 years of age or older:29I. Possessing, using, displaying, purchasing, or transporting marijuana accessories or one30ounce or less of marijuana.31II. Possessing, growing, processing, or transporting no more than 6 marijuana plants, with 332or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on33the premises where the plants were grown, provided that the growing takes place in an enclosed,34locked space, is not conducted openly or publicly, and is not made available for sale.35III. Transfer of one ounce or less of marijuana without remuneration to a person who is 2136years of age or older.37

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