New Hampshire Decriminalizes Marijuana
July 24, 2017
On July 18, 2017, New Hampshire Governor, Chris Sununu, signed House Bill No. 640 (the “Bill”) into law. The Bill reduces the penalty for possession of one ounce or less of marijuana by a person 21 years of age or older from a crime to a civil violation.
The Bill details several findings regarding the reduction of the crime that support the Bill’s passage and purpose. First, reducing possession of one ounce or less of marijuana will allow police and courts to spend more time and resources dealing with serious crimes. Second, it will reduce the number of New Hampshire residents who receive criminal records. And third, decriminalization has the potential to address social and racial inequalities in the New Hampshire criminal justice system.
The Bill makes it a civil violation to possess 1 ounce or less of marijuana, 5 grams or less of hashish, or marijuana infused products. The Bill provides that no violator shall be subject to arrest and no record that includes personally identifiable information resulting from the violation shall be made accessible to the public, federal agencies, or agencies from other states or countries.
First time violators will be fined $100, a second offense within three years will result in a $200 fine, and a third or subsequent offense within three years will result in a fine of $350. The fine for a single offense within a three-year period will be waived upon proof that the violator has completed a substance abuse assessment by a licensed drug and alcohol counselor within 60 days of the conviction.
Violators under the age of 18 will be referred by the court to receive a substance abuse assessment within 60 days of the violation. The results will be submitted who the court who will order action regarding appropriate treatment. Failure to complete the assessment will result in a $300 fine. Additionally, the violator’s parent or legal guardian will be notified of the violation and all proceedings. Lastly, all fines from the violations of the Bill will be deposited into an abuse prevention and treatment fund, which is used to fund substance abuse prevention programs.
The Regulated Substances Blog is intended to keep readers current on developments regarding medical cannabis legalization and regulation and is not intended to be legal advice. If you have any questions, please contact the author Peter Murphy at pmurphy@eckertseamans.com. You may also contact Daniel Clearfield at dclearfield@eckertseamans.com or any other member of our Regulated Substances Group.