SB144: (New Title) relative to qualifying medical conditions for the therapeutic use of cannabis and relative to registry identification cards.

SB 144-FN - AS AMENDED BY THE HOUSE

02/23/2017 0498s

20Apr2017... 1165h

2017 SESSION

17-0290

01/04

SENATE BILL 144-FN

AN ACT relative to qualifying medical conditions for the therapeutic use of cannabis and relative to registry identification cards.

SPONSORS: Sen. Reagan, Dist 17; Sen. Avard, Dist 12; Sen. Bradley, Dist 3; Sen. Feltes, Dist 15; Sen. Fuller Clark, Dist 21; Sen. Giuda, Dist 2; Sen. Gray, Dist 6; Sen. Hennessey, Dist 5; Sen. Innis, Dist 24; Sen. Lasky, Dist 13; Sen. Watters, Dist 4; Sen. Woodburn, Dist 1; Rep. J. MacKay, Merr. 14; Rep. McGuire, Merr. 29; Rep. M. Moffett, Merr. 9

COMMITTEE: Health and Human Services

AMENDED ANALYSIS

This bill clarifies the definition of "qualifying medical condition" to include certain conditions which trigger certain medical symptoms and deletes the requirement that a medical provider document how the injury affects activities of daily living. This bill also clarifies the statements signed by applicants for a registry identification card.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/23/2017 0498s

20Apr2017... 1165h 17-0290

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seventeen

AN ACT relative to qualifying medical conditions for the therapeutic use of cannabis and relative to registry identification cards.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Therapeutic Use of Cannabis; Qualifying Medical Conditions. Amend RSA 126-X:1, IX(a)(1) to read as follows:

(1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C currently receiving antiviral treatment, amyotrophic lateral sclerosis, muscular dystrophy, Crohn's disease, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, epilepsy, lupus, Parkinson's disease, Alzheimer's disease, ulcerative colitis, or one or more injuries or conditions that [significantly interferes with daily activities as documented by the patient's provider] has resulted in one or more qualifying symptoms under subparagraph (2); and

2 Registry Identification Cards. Amend RSA 126-X:4, I(h) to read as follows:

(h) A statement signed by the applicant, acknowledging that the applicant has received and read the statement explaining federal law as described in RSA 126-X:4, VI, pledging not to divert cannabis to anyone who is not allowed to possess cannabis pursuant to this chapter, and acknowledging that his or her diversion of cannabis is punishable as a class B felony and may result in revocation of his or her registry identification card, in addition to other penalties for the illegal sale of cannabis.

3 Registry Identification Cards. Amend RSA 126-X:4, II(f) to read as follows:

(f) A signed statement from the applicant agreeing to act as the designated caregiver for the qualifying patient named in the application [and], acknowledging that the applicant has received and read the statement explaining federal law as described in RSA 126-X:4, VI, pledging not to divert cannabis to anyone who is not allowed to possess cannabis pursuant to this chapter, and acknowledging that the diversion of cannabis is punishable as a class B felony and may result in the revocation of one's registry identification card, in addition to other penalties for the illegal sale of cannabis.

4 Departmental Administration: Registry Identification Cards. Amend RSA 126-X:4, VI to read as follows:

VI. The department shall provide each applicant and each approved qualifying patient and designated caregiver a statement with the registry identification card explaining current federal law on the possession of cannabis [and], that possession of a state registry identification card does not protect a person from federal criminal penalties, and that by using cannabis the qualifying patient may be subject to the denial of rights and privileges by federal agencies including, but not limited to, the loss of rights related to employment such as driving a commercial vehicle, the inability to pass a security clearance, and that the qualifying patient will lose the right to own, possess, or purchase a firearm and/or ammunition. The statement shall be updated based on any relevant changes in federal law.

5 Effective Date. This act shall take effect 60 days after its passage.

LBAO 17-0290

Amended 4/24/17

SB 144-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2017-1165h)

AN ACT (New Title) relative to qualifying medical conditions for the therapeutic use of cannabis and relative to registry identification cards.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

Appropriation

$0

$0

$0

$0

Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

[ ] General [ ] Education [ ] Highway [ X ] Other - Registry Identification Card and Certificate Fund

METHODOLOGY:

This bill clarifies the definition of a qualifying medical condition and removes the requirement that a medical provider document how a patient's injury interferes with daily activities under RSA 126-X, which regulates use of cannabis for therapeutic purposes. This bill also clarifies the statements signed by applicants for a registry identification card. Licensing fees from the alternative treatment centers and registry identification card application fees fund the Therapeutic Cannabis Program pursuant to RSA 126-X:11. Administrative rule requires registry identification card applicants pay a $50.00 fee. The Department of Health and Human Services states this bill would increase the number of potentially qualifying patients thereby increasing revenue from applicant fees by an indeterminable amount. Expenditures would also increase by an indeterminable amount due to having to process more applications. The Department states at the conclusion of a fiscal year it will determine whether revenue generated was sufficient to cover the cost of the program. Per the Department, alternative treatment centers will be reimbursed excess revenue or if revenue was insufficient to cover expenses the centers will be required to cover the revenue shortfall in the following fiscal year.

AGENCIES CONTACTED:

Department of Health and Human Services