Section 1 Header ANALYSIS. I. Permits the possession and use of controlled drugs without penalty.

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1 Section 1 Header 1 SESSION /0 HOUSE BILL AN ACT SPONSORS: COMMITTEE: [bill number] relative to permitting the possession and use of controlled drugs, relative to treatment for substance abuse, relative to annulment of certain criminal records, and establishing funding for drug treatment programs. [sponsors] [committee] This bill: ANALYSIS I. Permits the possession and use of controlled drugs without penalty. II. Establishes a substance abuse treatment fund. III. Permits a person to petition for annulment of a criminal record without a waiting period for an offense which was subsequently decriminalized. IV. Requires a sentencing court to suspend the sentence for felony conviction for conduct that was decriminalized or legalized in this state after the date of arrest, indictment, or conviction. V. Allows any person to voluntarily submit himself or herself for treatment for drug abuse dependency or any problem related to the use of drugs at certain facilities 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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2 Section Header /0 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Sixteen AN ACT relative to permitting the possession and use of controlled drugs, relative to treatment for substance abuse, relative to annulment of certain criminal records, and establishing funding for drug treatment programs. Be it Enacted by the Senate and House of Representatives in General Court convened: Controlled Drug Act; Acts Prohibited. Amend RSA -B:, I, I-a, I-b, and II to read as follows: I. It shall be unlawful for any person to manufacture, [possess, have under his control,] sell, purchase, prescribe, administer, or transport [or possess with intent to sell, dispense, or compound] any controlled drug, or controlled drug analog, or any preparation containing a controlled drug, except as authorized in this chapter. I-a. It shall be unlawful for any person to manufacture, sell, purchase, or transport [or possess with intent to sell, dispense, compound, package or repackage] (1) any substance which he or she represents to be a controlled drug or controlled drug analog, or () any preparation containing a substance which he or she represents to be a controlled drug or controlled drug analog, except as authorized in this chapter. I-b. It shall be unlawful for a qualifying patient or designated caregiver as defined under RSA -X:1 to sell cannabis to another person who is not a qualifying patient or designated caregiver. A conviction for the sale of cannabis to a person who is not a qualifying patient or designated caregiver shall not preclude or limit a prosecution or conviction of any person for sale of cannabis or any other offense defined in this chapter. II. It shall be unlawful for any person to deliver[, possess with intent to deliver,] or manufacture with intent to deliver, drug paraphernalia, knowing that it will be used or is customarily intended to be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled substance. Controlled Drug Act; Acts Prohibited. Amend RSA -B:, XI to read as follows: XI. It shall be unlawful for any person years of age or older to knowingly use, solicit, direct, hire, or employ a person 1 years of age or younger to manufacture, sell, prescribe, administer, or transport [or possess with intent to sell, dispense or compound] any controlled drug or any preparation containing a controlled drug, except as authorized in this chapter, or to manufacture, sell, or transport [or possess with intent to sell, transport or possess with intent to sell, dispense, compound, package or repackage] (1) any substance which he or she represents to be a controlled drug or controlled drug analog, or () any preparation containing a substance which

3 Section Header - Page - he or she represents to be a controlled drug or controlled drug analog, except as authorized in this chapter. It shall be no defense to a prosecution under this section that the actor mistakenly believed that the person who the actor used, solicited, directed, hired, or employed was years of age or older, even if such mistaken belief was reasonable. Nothing in this section shall be construed to preclude or limit a prosecution or conviction for a violation of any other offense defined in this chapter or any other provision of law governing an actor's liability for the conduct of another. Controlled Drug Act; Acts Prohibited. Amend RSA -B:, XIV to read as follows: XIV. It shall be an affirmative defense to prosecution for [a possession] an offense under this chapter that the person charged had a lawful prescription for the controlled drug in question or was, at the time charged, acting as an authorized agent for a person holding a lawful prescription. An authorized agent shall mean any person, including but not limited to a family member or caregiver, who has the intent to deliver the controlled drug to the person for whom the drug was lawfully prescribed. follows: Controlled Drug Act; Persons and Corporations Exempted. Amend RSA -B: to read as -B: Persons and Corporations Exempted. The provisions of this chapter [restricting the possession and having control of controlled drugs] shall not apply to: I. Common carriers or to warehousemen while engaged in lawfully transporting or storing such drugs, or to an employee of the same acting within the scope of his or her employment; or to public officers or their employees in the performance of their official duties [requiring possession or control of controlled drugs; or to temporary incidental possession by employees or agents or persons lawfully entitled to possession,]; or by persons [whose possession is] for the purpose of aiding public officers in performing their official duties. II. Persons possessing prescription drugs dispensed to them pursuant to a lawful prescription or who are acting as an authorized agent for a person holding a lawful prescription. For purposes of this section, an authorized agent shall mean any person, including but not limited to a family member or caregiver, who has the intent to deliver the prescription drug to the person to whom the prescription drugs are lawfully prescribed. possessing drugs with an intent to sell. III. This exemption does not extend to persons Law enforcement officers engaged in the collection, storage, and disposal of controlled drugs in conjunction with a pharmaceutical drug take-back program established under RSA -E. IV.(a) A health care professional authorized to prescribe an opioid antagonist may prescribe, dispense, or distribute, directly or by standing order, an opioid antagonist to a person at risk of experiencing an opioid-related overdose or a family member, friend, or other person in a position to assist a person at risk of experiencing an opioid-related overdose. Any such prescription shall be regarded as being issued for a legitimate medical purpose in the usual course professional practice. (b) A person or organization may, if acting pursuant to the provisions of subparagraph of

4 Section Header - Page - (a), store and possess an opioid antagonist, dispense or distribute an opioid antagonist, and administer an opioid antagonist to another person who the person believes is suffering an opioidrelated overdose. (c) No health care professional who, acting in good faith and with reasonable care, prescribes, dispenses, or distributes an opioid antagonist directly or by standing order and no person who, acting in good faith and with reasonable care, stores, dispenses, or distributes an opioid antagonist or administers an opioid antagonist to another person who the person believes is suffering an opioid-related drug overdose shall be subject to any criminal or civil liability, or any professional disciplinary action, for any action authorized by this paragraph or any outcome resulting from an action authorized by this paragraph. (d) In this paragraph: (1) "Opioid antagonist'' means any drug that binds to opioid receptors and blocks or disinhibits the effects of opioids acting on those receptors. () "Opioid-related drug overdose'' means a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death resulting from the consumption or use of an opioid, or another substance with which an opioid was combined, or that a layperson would reasonably believe to be an opioid-related drug overdose that requires medical assistance. Model Drug Dealer Liability Act; Definitions. Amend RSA -C: to read as follows: -C: Definitions. As used in this chapter: I. "Illegal drug'' means any drug which is a schedule I-IV drug under RSA -B. II. "Illegal drug market'' means the support system of illegal drug related operations, from production to retail sales, through which an illegal drug reaches the user. III. "Illegal drug market target community'' is the area described under RSA -C:. IV. "Individual drug user'' means the individual whose illegal drug use is the basis of an action brought under this chapter. V. "Level 1 offense'' means [possession] distribution of 1/ ounce or more, but less than ounces, or distribution of less than one ounce of an illegal drug other than marijuana, or [possession] distribution of one pound or more or plants or more, but less than pounds or 0 plants, or distribution of more than 1/ pound but less than one pound of marijuana. VI. "Level offense'' means [possession] distribution of ounces or more, but less than ounces, or distribution of one ounce or more, but less than ounces, of an illegal drug other than marijuana, or [possession] distribution of pounds or more or 0 plants or more but less than pounds or plants or distribution of one pound or more but less than pounds of marijuana. VII. "Level offense'' means [possession] distribution of ounces or more, but less than 1 ounces, or distribution of ounces or more, but less than ounces, of an illegal drug other than marijuana, or [possession] distribution of pounds or more or plants or more, but less than 1 pounds or 0 plants, or distribution of pounds or more but less than pounds of marijuana.

5 Section Header - Page - VIII. "Level offense'' means [possession] distribution of 1 ounces or more or distribution of ounces or more of an illegal drug other than marijuana, or [possession] distribution of 1 pounds or more or 0 plants or more or distribution of pounds or more of marijuana. IX. "Participate in the illegal drug market'' means to distribute, [possess with an intent to distribute,] commit an act intended to facilitate the marketing or distribution of, or agree to distribute,[ possess with an intent to distribute,] or commit an act intended to facilitate the marketing and distribution of an illegal drug. include the purchase or receipt of an illegal drug for personal use only. "Participate in the illegal drug market'' does not X. "Person'' means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or foreign country. XI. "Period of illegal drug use'' means, in relation to the individual drug user, the time of the individual's first use of an illegal drug to the accrual of the cause of action. The period of illegal drug use is presumed to commence years before the cause of action accrues unless the defendant proves otherwise by clear and convincing evidence. XII. "Place of illegal drug activity'' means, in relation to the individual drug user, each house of representatives' legislative district in which the individual [possesses or uses] distributes an illegal drug or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug [use] distribution, unless the defendant proves otherwise by clear and convincing evidence. XIII. "Place of participation'' means, in relation to a defendant in an action brought under this chapter, each house of representatives' legislative district in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal drug market. Controlled Drug Act; Penalties. Amend RSA -B:, III(a)-(b) to read as follows: (a) Controls any premises or vehicle where he or she knows a controlled drug or its analog is illegally kept or deposited[;]. (b) Aids, assists, or abets a person in his or her presence in the perpetration of a crime punishable under paragraph II of this section[, knowing that such person is illegally in possession of a controlled drug or its analog]. Controlled Drug Act; Penalties. Amend the introductory paragraph of RSA -B:, I to read as follows: I. Any person who manufactures, sells, prescribes, administers, or transports [or possesses with intent to sell, dispense, or compound] any controlled drug, controlled drug analog, or any preparation containing a controlled drug, except as authorized in this chapter; or manufactures, sells, or transports [or possesses with intent to sell, dispense, compound, package or repackage] (1) any substance which he or she represents to be a controlled drug, or controlled drug analog, or ()

6 Section Header - Page - any preparation containing a substance which he or she represents to be a controlled drug, or controlled drug analog, shall be sentenced as follows, except as otherwise provided in this section: Controlled Drug Act; Penalties. Amend the introductory paragraph of RSA -B:, II to read as follows: II. Any person who knowingly or purposely obtains, purchases, or transports[, or possesses actually or constructively, or has under his control,] any controlled drug or controlled drug analog, or any preparation containing a controlled drug or controlled drug analog, except as authorized in this chapter, shall be sentenced as follows, except as otherwise provided in this section: Controlled Drug Act; Penalties. Amend RSA -B:, III(c) to read as follows: (c) Manufactures with the intent to deliver[,] or delivers [or possesses with the intent to deliver] any drug paraphernalia when such paraphernalia is knowingly manufactured[,] or delivered [or possessed] for one or more of the uses set forth in RSA -B:, II. Controlled Drug Act; Prior Offenses. Amend RSA -B: to read as follows: -B: Prior Offenses. In the case of any person charged with a violation of any provision of this chapter or RSA -D, who has previously been convicted of a violation of the laws of the United States or any state, territory or the District of Columbia relating to controlled drugs as defined in this chapter, such previous conviction shall be deemed a prior offense, unless the previous conviction was for an offense that was decriminalized or made legal after the date of the conviction. Drivers Licenses; Informing First-Time Applicants of DWI and Controlled Drug Laws. Amend RSA :-a, I-a to read as follows: I-a. It is unlawful for any person to manufacture, [possess, have under his or her control,] sell, purchase, prescribe, administer, or transport [or possess with intent to sell, dispense, or compound] any controlled substance, except as authorized by law. Safe School Zones; Definitions. Amend RSA 1-D:1, I(j) to read as follows: (j) Illegal sale [or possession] of a controlled drug under RSA -B. New Section; Controlled Drug Act; Substance Abuse Treatment Fund. Amend RSA -B by inserting after section -a the following new section: -B:-b Substance Abuse Treatment Fund Established. There is established in the office of the state treasurer a nonlapsing fund to be known as the substance abuse treatment fund which shall be kept distinct and separate from all other funds and which shall be administered by the commissioner of the department of health and human services. All moneys in the fund shall be nonlapsing and continually appropriated to the commissioner solely for the purpose of funding voluntary substance abuse treatment for any person who requests substance abuse treatment and education. New Subparagraph; Application of Receipts; Substance Abuse Treatment Fund. Amend RSA :, I(b) by inserting after subparagraph (0) the following new subparagraph: (1) Moneys in the substance abuse treatment fund established in RSA -B:-b.

7 follows: Section Header - Page - Controlled Drug Act; Annulments of Criminal Records. Amend RSA -B:-a to read as -B:-a Annulments of Criminal Records. I. Except as provided in paragraph II, no court shall order an annulment, pursuant to RSA 1: or any other provision of law, of any record of conviction for a felony under RSA -B until years after the date of conviction. II. A person who has been arrested for, convicted of, or sentenced for an act prohibited under this chapter which was decriminalized after the date of arrest, conviction, or sentence may petition the sentencing court at any time after the date of decriminalization to annul the petitioner's record of arrest, conviction, and sentencing. The sentencing court shall grant the petition when the petitioner has completed all the terms and conditions of the sentence and may grant the petition without a hearing, unless a hearing is requested by the petitioner. 1 New Paragraph; Sentences and Limitations. Amend RSA 1: by inserting after paragraph VIII the following new paragraph: IX.(a) A person serving a sentence for conviction of a felony offense for conduct that was decriminalized or legalized in this state after the date of the arrest, indictment, or conviction may petition the sentencing court to suspend the remaining portion of the sentence. If the sentencing court determines that the petition satisfies the criteria in this subparagraph, the sentencing court shall suspend the remaining portion of the petitioner's sentence and the petitioner shall be released from incarceration or, if the petitioner is serving consecutive sentences for more than one offense, the sentencing court shall resentence the petitioner. result in the imposition of a sentence greater than the original sentence. Under no circumstances shall resentencing (b) Notwithstanding any provision of RSA 1:, a person who has completed his or her sentence for a conviction of a felony offense for conduct that was decriminalized or legalized in this state after the date of the arrest, indictment, or conviction may petition the sentencing court for an annulment of his or her criminal record. If the sentencing court finds that the petition satisfies the provisions of this subparagraph, the court shall order the annulment of the petitioner's criminal record. There shall be no cost to the petitioner for the annulment. (c) Unless requested by the petitioner, no hearing shall be necessary to grant or deny a petition filed under subparagraph (a) or (b). 1 Controlled Drug Act; Treatment for Drug Abuse. Amend RSA -B:-a to read as follows: -B:-a Treatment for Drug Abuse. I. Any minor years of age or older may voluntarily submit himself or herself to treatment for drug [dependency] dependence as defined in RSA -B:1, IX, or any problem related to the use of drugs at any municipal health department, state institution or facility, public or private hospital or clinic, [any] licensed physician or advanced practice registered nurse practicing within such nurse practitioner's specialty, or other accredited state or local social welfare

8 Section Header - Page - agency, without the consent of a parent, guardian, or any other person charged with the care or custody of said minor. Such parent or legal guardian shall not be liable for the payment for any treatment rendered pursuant to this section. The treating facility, agency, or individual shall keep records on the treatment given to minors as provided under this section in the usual and customary manner, but no reports or records or information contained therein shall be discoverable by the state in any criminal prosecution. No such reports or records shall be used for other than rehabilitation, research, or statistical and medical purposes, except upon the written consent of the person examined or treated. Nothing contained herein shall be construed to mean that any minor of sound mind is legally incapable of consenting to medical treatment provided that such minor is of sufficient maturity to understand the nature of such treatment and the consequences thereof. II. Any adult may voluntarily submit himself or herself to treatment for drug dependence as defined in RSA -B:1, IX, or any problem related to the use of drugs at any municipal health department, state institution or facility, public or private hospital or clinic, licensed physician or advanced practice registered nurse practicing within such nurse practitioner's specialty, or other accredited state or local social welfare agency. The treating facility, agency, or individual shall keep records on the such person in the usual and customary manner. follows: Habitual Offender Defined. Amend RSA :, I (t)-(v) to read as follows: (t) Conviction of any offense specified in RSA :; or (u) [Conviction of any offense specified in RSA -A:; or (v)] Conviction of any offense specified in RSA :-b. treatment given to 1 Motor Vehicles' Driving School; Notification of Offenses. Amend RSA :-a, I to read as I. Every applicant for or holder of a driver education certificate or school license shall notify the director within business days by certified mail, return receipt requested, of being arrested, indicted, or summonsed to court in this or any other state or foreign jurisdiction as a defendant for an offense under RSA :, RSA :-a, RSA :-b, RSA -A:, RSA -A:, [or RSA - A:,] or any offense under RSA 0, RSA 1, or RSA -A. If employed or under contract to a school or school district, the licensee, certificate holder, or applicant shall provide a copy of the notification made to the director to the principal or equivalent chief administrator of the school in like manner and time frame. Driving Under the Influence of Drugs or Liquor; Official Record of Tests. Amend RSA - A:, V to read as follows: V. Any person who is arraigned on a charge arising under RSA -A:[,] or RSA -A:[, or RSA -A:] shall file, within days of such person's receipt of the results of any toxicology test administered to such person for the presence of any controlled drug, prescription drug, overthe-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive, a notice in said court requiring the attendance of the certifying scientist. Failure to

9 1 1 1 Section Header - Page - file notice shall be deemed a waiver to require attendance of the certifying scientist at trial. The official report of the test issued pursuant to RSA -A: shall be deemed conclusive evidence of the conduct of the result of such test. Driving Under the Influence of Drugs or Liquor; Payment of All Obligations Prior to Restoration or Renewal. Amend RSA -A: to read as follows: -A: Payment of All Obligations Prior to Restoration or Renewal. The director of motor vehicles shall not restore or renew a person's license or privilege to drive, if it was revoked pursuant to RSA -A:; RSA -A:; RSA -A:; [RSA -A:;] RSA 0:; or RSA 0:, or if the revocation was connected with an alcohol-related or drug-related offense, until all obligations of such person resulting from the arrest and conviction for the offense are met. For the purposes of this section, the word "obligations'' shall mean fines and penalty assessments, court-ordered restitution or reimbursement to any person injured as a result of the offense, successful completion of all treatment and rehabilitation programs the person is required to take, full payment of all fees for such programs, and any other costs which may be ordered by the court. The word "obligations'' shall not mean completion of probation or parole or completion of a condition of probation or parole. In any case where the court orders periodic payment of fines, penalty assessments, restitution, or reimbursement, the obligations of such periods shall be deemed to have been met if such person is current in all such court-ordered payments. Driving Under the Influence of Drugs or Liquor; Probationary Licenses. Amend RSA - A:, I to read as follows: I. Any person who shall apply for reissuance of his or her driver's license following revocation or suspension for an offense under RSA :, RSA -A:, or RSA -A:[, or RSA -A:] for an offense involving a vehicle is an "at risk'' driver and his or her driver's license shall be probationary for at least years following the date of reissuance. driving. Repeal. The following are repealed: I. RSA :-d, IV, possession of a controlled drug while operating a boat. II. RSA -A:, relative to possession of a controlled drug or controlled drug analog while Effective Date. This act shall take effect January 1, 1.