An Overview of New Hampshire’s Medical Marijuana Law
House and Senate negotiators reached a final compromise on New Hampshire’s medical marijuana bill, HB 573, on June 18, 2013. Gov. Hassan signed it into law July 23, enabling the state health department to begin its rulemaking process.
In a nutshell, what will HB 573 do? It will allow patients with qualifying medical conditions to register with the state Department of Health and Human Services to possess up to two ounces of marijuana at a time. The department will also register four non-profit alternative treatment centers (ATCs) to grow and sell marijuana to patients. Patients could also designate a caregiver to pick up their medicine for them, but neither patients nor caregivers may cultivate marijuana under any circumstances. Caregivers typically could assist no more than five patients.
When will HB 573 take effect? The department’s rulemaking process began when Gov. Hassan signed the bill, but there will be no legal protection for patients until the department begins issuing ID cards, which could take up to a year. The department is required to issue regulations for the processing of ATC applications by January 2015. An oversight committee will be formed this summer to monitor the development of the program.
How will patients qualify for legal protections? To qualify, once ID cards become available, a patient must obtain a written certification from a physician or an advanced practice registered nurse and send it in to the health department. The provider must be primarily responsible for treating the patient’s qualifying condition. The department will then issue identification cards to patients, which will expire after a year unless the provider has specified an earlier expiration date.
How much medical marijuana will patients be allowed to possess? Patients will be allowed to possess up to two ounces at a time. They may obtain up to two ounces every 10 days from their designated ATC.
What conditions must patients have to qualify? The law allows patients to qualify if they have one of the listed medical conditions and one of the listed qualifying symptoms. In addition, on a case-by-case basis, the department may allow patients to register who do not have a listed medical condition if their providers certify that they have a debilitating medical condition.
The qualifying conditions are cancer, glaucoma, HIV/AIDS, hepatitis C, ALS, muscular dystrophy, Crohn’s disease, Alzheimer’s, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, and injuries that significantly interfere with daily activities.
The qualifying symptoms are severely debilitating or terminal medical conditions or their treatments that have produced elevated intraocular pressure, cachexia, chemotherapy-induced anorexia, wasting syndrome, severe pain if it has not responded to other treatments or if treatments produced serious side effects, severe nausea, vomiting, seizures, or severe, persistent muscle spasms.
When will dispensaries open and begin distributing medical marijuana to patients? The first two ATCs should open in 2015. The department is required to issue two registrations within 18 months after the law goes into effect, which would be January 2015. The department will accept applications for the other two ATCs beginning in July 2015. All ATCs will be selected based on a merit-based application process that will take into account input from patients, caregivers, and the city or town where the ATC would be located.
What kind of rules must alternative treatment centers follow? ATCs will be non-profit and may not be located within 1,000 feet of the property of a drug-free zone or school. They must provide patients with educational information on strains and dosage and must collect information patients voluntarily provide on strains’ effectiveness and side effects. Staff must be at least 21, wear ATC-issued badges, and cannot have any felony convictions. The law includes numerous additional requirements, including for periodic inventories, staff training, reporting incidents, prohibiting non-organic pesticides, and requiring recordkeeping. ATCs cannot possess more than either 80 mature plants and 80 ounces total, or three mature plants and six ounces per patient. The health department — with input from an advisory council — will set additional rules, including for electrical safety, security, sanitary requirements, advertising, hours of operations, personnel, liability insurance, and labeling. Rules on security must include standards for lighting, physical security, video security, alarms, measures to prevent loitering, and on-site parking.
Will patients be allowed to cultivate their own marijuana at home? No. Gov. Hassan insisted on maintaining felony penalties for home cultivation, with no exceptions.
Can minors qualify as patients? Yes. Minors with qualifying serious medical conditions may register if the parent or guardian responsible for their health care decisions submits written certifications from two providers, one of which must be a pediatrician. The parent must also serve as the patient’s caregiver and control the frequency of the patient’s marijuana use.
Will out-of-state patients have protections? Yes. Out-of-state patients with a valid medical marijuana card from another state will be allowed to bring their cannabis into New Hampshire and use it in the state. They must also have documentation from their physicians that they have a condition that qualifies under New Hampshire law.
Does HB 573 offer patients any protections from discrimination? It offers some protections against discrimination, including in child custody cases and in medical care — such as organ transplants.
Does the bill include restrictions on where marijuana can be possessed? Yes. It can’t be possessed:
- on the grounds of a preschool, elementary, or secondary school
- in a place of employment without the written permission of the employer
- in any correctional facility
- in any public recreation center or youth center
- at any law enforcement facility
What restrictions does the bill include on where marijuana can be used? Marijuana cannot be used on someone else’s property without the written permission of the property owner or, in the case of leased property, without the permission of the tenant. Marijuana cannot be smoked on leased premises if doing so would violate rental policies. Marijuana cannot be smoked or vaporized in a public place, including a public bus, any other public vehicle, a public park, a public beach, or a public field.
