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RSA 126-X:5 · Affirmative Defense

Title: X: PUBLIC HEALTH
Chapter: 126-X · USE OF CANNABIS FOR THERAPEUTIC PURPOSES
Status: current
Official source linked: Yes

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126-X:5 Affirmative Defense. –

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It shall be an affirmative defense for any person charged with manufacturing, possessing, having under his or her control, selling, purchasing, prescribing, administering, transporting, or possessing with intent to sell, dispense, or compound cannabis, cannabis analog, or any preparation containing cannabis, if:

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(a)

The actor is a qualifying patient who has been issued a valid registry identification card, was in possession of cannabis in a quantity and location permitted pursuant to this chapter, and was engaged in the therapeutic use of cannabis;

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(b)

The actor is a designated caregiver who has been issued a valid registry identification card, was in possession of cannabis in a quantity and location permitted pursuant to this chapter, and was engaged in the therapeutic use of cannabis on behalf of a qualifying patient; or

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(c)

The actor is an employee of a laboratory conducting testing required for alternative treatment centers pursuant to rules adopted under this chapter.

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II.

This section shall not be construed as an affirmative defense for any offense other than those acts as set forth in paragraph I. Source. 2013, 242:1, eff. July 23, 2013. 2015, 143:6, eff. Aug. 11, 2015.

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Source note

Source. 2013, 242:1, eff. July 23, 2013. 2015, 143:6, eff. Aug. 11, 2015.

Source history

2013, 242:1, eff. July 23, 2013
2015, 143:6, eff. Aug. 11, 2015

Related materials

Bill relationships

2026 HB1235 reference
or if the gift of cannabis is contingent upon a separate transaction for goods or services; or (c) Possessing or purchasing cannabis paraphernalia. III. Except as provided in RSA 126-X, any person under 21 years of age who knowingly possesses 3/4 ounce or less of cannabis, including adulterants or dilutants, shall be guilty of a violation, and subject to the penalties provided in paragraph V. IV. Exc
2026 HB1235-FN reference
or if the gift of cannabis is contingent upon a separate transaction for goods or services; or (c) Possessing or purchasing cannabis paraphernalia. III. Except as provided in RSA 126-X, any person under 21 years of age who knowingly possesses 3/4 ounce or less of cannabis, including adulterants or dilutants, shall be guilty of a violation, and subject to the penalties provided in paragraph V. IV. Exc
2026 HB1446 amend
ely on the basis of their lawful participation in this program. 2 New Section; Therapeutic Use of Cannabis Protections; Right to Purchase, Possess, and Transfer Firearms. Amend RSA 126-X by inserting after section 2 the following new section: 126-X:2-a Firearm Rights of Qualifying Patients. I. A qualifying patient, caregiver, or other person lawfully registered under this chapter shall not be deni
2026 HB1796 reference · effective 2027-01-01
PTER 126-XX THERAPEUTIC USE OF PSILOCYBIN 126-XX:1 Definitions. In this chapter: I. "Board" means the psilocybin production establishment licensing board created pursuant to RSA 126-XX:7. II. "Provider" means an approved medical or therapy provider licensed in this state who also holds a license from the department to recommend or provide services to qualified patients. III. "Department" means th
2026 HB1796-FN reference · effective 2027-01-01
PTER 126-XX THERAPEUTIC USE OF PSILOCYBIN 126-XX:1 Definitions. In this chapter: I. "Board" means the psilocybin production establishment licensing board created pursuant to RSA 126-XX:7. II. "Provider" means an approved medical or therapy provider licensed in this state who also holds a license from the department to recommend or provide services to qualified patients. III. "Department" means th
2026 HB186 reference
es to obtain a therapeutic cannabis endorsement that would allow them to serve qualifying patients without imposing the proposed excise tax. The bill would allow Alternative Treatment Centers, registered under RSA 126-X as not-for-profit entities, to convert to for-profit entities or operate as either for profit or not-for -profit. The bill includes a General Fund appropriation to the Department for the biennium ending June 3
2026 HB186-FN-A reference
of age or older, but not for resale. "Consumer" does not include a qualifying patient or designated caregiver purchasing cannabis from an alternative treatment center pursuant to RSA 126-X. XV. "Department" means the department of health and human services. XVI. “Designated caregiver” means “designated caregiver” as defined in RSA 126-X:1, VI. XVII. "Documentation" means all records, in any form, in
2026 HB54 amend
es; Approvals of Statutory Conversion. ?Amend RSA 304-C:149 by inserting after paragraph VIII the following new paragraph: IX. ?In the case of the conversion of an alternative treatment center registered under RSA 126-X and organized pursuant to RSA 292, such conversion shall be approved by the board of directors in accordance with RSA 126-X:8, XX. 9 Effective Date. This act shall take effect 60 days after its passage. LBA 25
2026 HB54-FN reference
nd powers vested in the merging corporations, including any powers previously conferred upon them by the legislature. II. ? An alternative treatment center registered pursuant to RSA 126-X and organized under this chapter may, pursuant to RSA 126-X:8, XX, convert to either a domestic corporation organized under RSA 293-A or a limited liability company organized under to RSA 304-C, and may merge with a dom
2026 SB479 reference
nd powers vested in the merging corporations, including any powers previously conferred upon them by the legislature. II. ? An alternative treatment center registered pursuant to RSA 126-X and organized under this chapter may, pursuant to RSA 126-X:8, XX, convert to either a domestic corporation organized under RSA 293-A or a limited liability company organized under to RSA 304-C, and may merge with a dom
2026 SB479-FN reference
nd powers vested in the merging corporations, including any powers previously conferred upon them by the legislature. II. ? An alternative treatment center registered pursuant to RSA 126-X and organized under this chapter may, pursuant to RSA 126-X:8, XX, convert to either a domestic corporation organized under RSA 293-A or a limited liability company organized under to RSA 304-C, and may merge with a dom
2026 SB651 reference
of age or older, but not for resale. "Consumer" does not include a qualifying patient or designated caregiver purchasing cannabis from an alternative treatment center pursuant to RSA 126-X. XIII. "Department" means the department of health and human services. XIV. "Documentation" means all records, in any form, including electronic records. XV. "Dual use certificate" means a license allowing an alte