N.H. Rev. Stat. § 126-X:1

Current through Chapter 381 of the 2024 Legislative Session

Section 126-X:1 - Definitions

In this chapter:

I. "Alternative treatment center" means a not-for-profit entity registered under RSA 126-:7X that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, and dispenses cannabis, and related supplies and educational materials, to qualifying patients, designated caregivers, other alternative treatment centers, and visiting qualifying patients.

II. "Alternative treatment center agent" means a principal officer, board member, employee, manager, or volunteer of an alternative treatment center who is 21 years of age or older and has not been convicted of a felony or any felony drug-related offense.

III. "Cannabis" means all parts of any plant of the Cannabis genus of plants, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, salt, derivative, mixture, or preparation of such plant, its seeds, or resin. Such term shall not include the mature stalks of such plants, fiber produced from such stalks, oil, or cake made from the seeds of such plants, any other compound, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seeds of such plants which are incapable of germination. In this chapter, cannabis shall not include hemp grown, processed, marketed, or sold under RSA 439-A.

IV. "Cultivation location" means a locked and enclosed site, under the control of an alternative treatment center where cannabis is cultivated, secured with one or more locks or other security devices in accordance with the provisions of this chapter.

V. "Department" means the department of health and human services.

VI. "Designated caregiver" means an individual who:

(a) Is at least 21 years of age;

(b) Has agreed to assist with one or more (not to exceed 5) qualifying patient's therapeutic use of cannabis, except if the qualifying patient and designated caregiver each live greater than 50 miles from the nearest alternative treatment center, in which case the designated caregiver may assist with the therapeutic use of cannabis for up to 9 qualifying patients;

(c) Has never been convicted of a felony or any felony drug-related offense; and

(d) Possesses a valid registry identification card issued pursuant to RSA 126-:4X.

VI-a. "Facility caregiver" means a residential care facility, nursing home, hospital, or hospice house licensed under RSA 151 which has agreed to allow one or more qualifying patients who are residents or patients of the facility to utilize therapeutic cannabis obtained by the resident or the resident's designated caregiver from an alternative treatment center, and which has agreed to assist such residents in the therapeutic use of their cannabis in accordance with a policy developed by the facility, and in accordance with rules adopted by the commissioner of health and human services pursuant to RSA 541-A. "Facility caregiver" shall also include community living facilities certified under RSA 126-A:19 and RSA 126-A:20.

VII.

(a) "Provider" means:

(1) A physician licensed to prescribe drugs to humans under RSA 329 and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances;

(2) An advanced practice registered nurse licensed pursuant to RSA 326-B:18 and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances;

(3) A physician, physician assistant, or advanced practice registered nurse licensed to prescribe drugs to humans under the relevant state licensing laws in Maine, Massachusetts, or Vermont and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances and who is primarily responsible for the patient's care related to his or her qualifying medical condition;

(4) A physician assistant licensed pursuant to RSA 328-D and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances consistent with his or her collaboration agreement; or

(5) Any other New Hampshire provider who is licensed to prescribe drugs to humans and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances and who is primarily responsible for the patient's care related to his or her qualifying medical condition.

(b) For a visiting qualifying patient, "provider" means an individual licensed to prescribe drugs to humans in the state of the patient's residence and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances.

VIII. "Provider-patient relationship" means a medical relationship between a licensed provider and a patient that includes an in-person exam, a history, a diagnosis, and a treatment plan appropriate for the licensee's medical specialty.

IX.

(a) "Qualifying medical condition" means the presence of:

(1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, 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, Ehlers-Danlos syndrome, or one or more injuries or conditions that has resulted in one or more qualifying symptoms under subparagraph (2); and

(2) A severely debilitating or terminal medical condition or its treatment that has produced at least one of the following: elevated intraocular pressure, cachexia, chemotherapy-induced anorexia, wasting syndrome, agitation of Alzheimer's disease, severe pain , constant or severe nausea, moderate to severe vomiting, seizures, severe, persistent muscle spasms, or moderate to severe insomnia; or

(b) "Qualifying medical condition" also means:

(1) Moderate to severe chronic pain.

(2) Severe pain.

(3) Moderate or severe post-traumatic stress disorder.

(4) Autism spectrum disorder in adults 21 years of age or older.

(5) Autism spectrum disorder in people under 21 years of age with the requirement of a consultation with a certified provider of child and/or adolescent psychiatry, developmental pediatrics, or pediatric neurology, who confirms that the autism spectrum disorder has not responded to previously prescribed medication or for which other treatment options produced serious side effects and who supports certification for the use of therapeutic cannabis.

(6) Opioid use disorder, with the following restrictions:

(A) When certified only by a board certified addiction medicine or addiction psychiatry provider who is actively treating the patient for opioid use disorder; and

(B) With associated symptoms of cravings and/or withdrawal.

(7) [Multiple versions] Generalized anxiety disorder.

(7) [Multiple versions] For adults 21 years of age or older, any debilitating or terminal medical condition or symptom for which the potential benefits of using therapeutic cannabis would, in the provider's clinical opinion, likely outweigh the potential health risks for the patient. In order to certify a patient under this category, a certifying provider shall include on the written certification the patient's specific condition or symptom and attest to their clinical opinion.

X. "Qualifying patient" means a resident of New Hampshire who has been diagnosed by a provider as having a qualifying medical condition and who possesses a valid registry identification card issued pursuant to RSA 126-:4X.

XI. "Registry identification card" means a document indicating the date issued, effective date, and expiration date by the department pursuant to RSA 126-:4X that identifies an individual as a qualifying patient or a designated caregiver.

XII. "Seedling" means a cannabis plant that has no flowers and is less than 12 inches in height and less than 12 inches in diameter.

XIII. "Therapeutic use" means the acquisition, possession, cultivation, preparation, use, delivery, transfer, or transportation of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a qualifying patient's qualifying medical condition or symptoms or results of treatment associated with the qualifying patient's qualifying medical condition. It shall not include:

(a) The use of cannabis by a designated caregiver who is not a qualifying patient; or

(b) Cultivation or purchase by a visiting qualifying patient from a qualifying patient or designated caregiver; or

(c) Cultivation by a designated caregiver or qualifying patient.

XIV. "Unusable cannabis" means any cannabis, other than usable cannabis, including the seeds, stalks, and roots of the plant.

XV. "Usable cannabis" means the dried leaves and flowers of the cannabis plant and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant and does not include the weight of any non-cannabis ingredients combined with cannabis and prepared for consumption as food or drink.

XV-a. "Use in adolescence" means the therapeutic use of cannabis by any person whose age is within the generally accepted medical and psychiatric definition of an adolescent as ranging in age from 12-25 years old, as well as by individuals younger in age.

XVI. "Visiting qualifying patient" means a person who is not a resident of New Hampshire, or who has been a resident of New Hampshire for fewer than 90 days, who has been issued a valid registry identification card, or its equivalent, under the laws of another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of Canada, that allows, in the jurisdiction of issuance, that person to possess cannabis for therapeutic purposes.

XVII. "Written certification" means documentation of a qualifying medical condition by a provider pursuant to rules adopted by the department pursuant to RSA 541-A for the purpose of issuing registry identification cards, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a provider-patient relationship.

RSA 126-X:1

Amended by 2024, 334:1, eff. 10/1/2024.

Amended by 2024, 283:1, eff. 9/24/2024.

Amended by 2024, 196:1, eff. 9/10/2024.

Amended by 2023, 237: 2, eff. 10/7/2023.

Amended by 2023, 237: 1, eff. 10/7/2023.

Amended by 2021, 193: 4, eff. 10/9/2021.

Amended by 2021, 193: 3, eff. 10/9/2021.

Amended by 2021, 193: 2, eff. 10/9/2021.

Amended by 2021, 193: 1, eff. 10/9/2021.

Amended by 2021, 122: 16, eff. 9/7/2021.

Amended by 2021, 122: 15, eff. 9/7/2021.

Amended by 2021, 122: 14, eff. 9/7/2021.

Amended by 2021 , 47: 2, eff. 7/24/2021.

Amended by 2021 , 46: 2, eff. 6/24/2021.

Amended by 2021 , 46: 1, eff. 6/24/2021.

Amended by 2019 , 344: 2, eff. 11/18/2019.

Amended by 2019 , 344: 1, eff. 11/18/2019.

Amended by 2019 , 104: 1, eff. 8/20/2019.

Amended by 2019 , 306: 4, eff. 7/30/2019.

Amended by 2018 , 360: 1, eff. 8/31/2018.

Amended by 2018 , 219: 3, eff. 6/8/2018.

Amended by 2017 , 158: 1, eff. 8/27/2017.

Amended by 2017 , 125: 1, eff. 8/15/2017.

Amended by 2017 , 47: 1, eff. 7/11/2017.

Amended by 2017 , 146: 1, eff. 6/16/2017.

Amended by 2016 , 247: 3, eff. 6/10/2016.

Amended by 2016 , 247: 2, eff. 6/10/2016.

Amended by 2016 , 247: 1, eff. 6/10/2016.

Amended by 2016 , 173: 1, eff. 8/2/2016.

Amended by 2015 , 195: 1, eff. 9/4/2015.

Added by 2013 , 242: 1, eff. 7/23/2013.

2013, 242 : 1 , eff. July 23, 2013. 2015, 195 : 1 , eff. Sept. 4, 2015. 2016, 173 : 1 , eff. Aug. 2, 2016; 247:1-3, eff. June 10, 2016. 2017, 47 : 1 , eff. July 11, 2017; 125:1, eff. Aug. 15, 2017; 146:1, eff. June 16, 2017; 158:1, eff. Aug. 27, 2017. 2018, 219 : 3 , eff. June 8, 2018; 360:1, eff. Aug. 31, 2018. 2019, 104 : 1 , eff. Aug. 20, 2019; 306:4, eff. July 30, 2019; 344:1, 2, eff. Nov. 18, 2019. 2021, 46 : 1 , 2, eff. June 24, 2021; 47:2, eff. July 24, 2021; 122:14-16, eff. Sept. 7, 2021; 193:1-4, eff. Oct. 9, 2021.