New Hampshire

At a Glance

Medical Marijuana Program Yes
Adult Use / Recreational MMJ No
Pediatric yes
Home grow No
Possession limit 2 ounces
Reciprocity Yes for patients w/ conditions similar to those of NH
Legislation House Bill 573
Estimated # of registered pat2100

Legalization – Important Legislation

House Bill 573 was signed into Law by Gov Maggie Hassan on July 23 2013, thereby authorizing the usage of therapeutic cannabis in the state of New Hampshire.
December 28, 2015, the New Hampshire Department of Health began issuing Registry Identification Cards,
March of 2017, the New Hampshire House OK’d a bill to decriminalize one ounce of marijuana

Types of cannabis permitted for use.

All

Types of License

There will be four Alternative Treatment Centers (ATCs) operating in New Hampshire
Fully vertical

Application Fees

ATC Application
All fees shall be non-refundable and non-transferable.
All fees shall be made payable to the “Treasurer, State of New Hampshire.”
Any fees submitted to the department in the form of a check or money order and returned to the state for any reason shall be processed in accordance with RSA 6:11-a.
Other fees for ATCs shall be as follows:
(1) The request for application (RFA) submission fee shall be $3000;
(2) The RFA selection fee, which will be credited to the new ATC as part of the allocation described in (o) above, shall be $20,000;
(3) For a change in name, the fee shall be $250;
(4) For a change in administrator, the fee shall be $250;
(5) For a change in location, the fee shall be $30,000

Application inclusion / Application process

Containing the following information:
1. The name of the ATC;
2. The physical address of the ATC and, if applicable, the physical address of the second location for cultivation and processing operated by the ATC;
3. The mailing address of the ATC if different from the physical address;
4. The telephone number of the ATC;
5. The name of the ATC’s administrator; and
6. The email address for the ATC’s administrator, and for the ATC if different;
(2) A “Certificate of Good Standing” issued by the NH secretary of state authorizing the ATC to do business as a not-for-profit corporation in the state of New Hampshire;
(3) Proof of registration with the NH attorney general’s office as a charitable trust under RSA 7:19 et seq for the benefit of qualifying patients;
(4) A copy of the ATC’s articles of agreement;
(5) A copy of the ATC’s bylaws;
(6) A statement detailing any instances in which a prospective board member, corporate officer, or executive employee who previously ran a business or managed or sat on the board of directors of a corporation was convicted, fined, censured, or had a registration, certification, or license suspended or revoked in any administrative or judicial proceeding, or any instances in which the business or corporation itself was subject to such an action, if this information was not included in the RFA application;
(7) A floor plan of the prospective ATC, to include a complete description and layout of the indoor, enclosed, locked facility, in which all limited access areas are clearly indicated in the diagram of the registered premises, reflecting walls, partitions, counters, and all areas of entry and exit. Said diagram shall also show all propagation, vegetation, flowering, processing, production, storage, disposal, and retail sales areas;
(8) An organization chart indicating ATC board members, executive employees, and corporate officers. The chart shall contain, or be accompanied by a list of, the names of the individuals occupying these positions; and
(9) Resumes for the ATC board members, executive employees, and corporate officers
(10) The name, address, and date of birth of each executive employee and corporate officer of the ATC, if the resumes in (9) above do not contain this information;
(11) The name, address, and date of birth of each member of the board of directors of the ATC, if the resumes in (9) above do not contain this information. The board shall:
a. Include at least one physician, advanced practice registered nurse, or pharmacist licensed to practice in New Hampshire, except that such medical professional shall not maintain an ownership interest in the ATC;
b. Include at least one patient qualified to register as a qualifying patient, and
c. Consist of a majority of New Hampshire residents;
(12) Written local approvals as follows:
a. For an existing building, the following written local approvals shall be obtained no more than 90 days prior to submission of the application, from the following local officials or if there is no such official(s), from the board of selectmen or mayor:
1. The health officer verifying that the applicant complies with all applicable local health requirements, drinking water and wastewater requirements;
2. The building official verifying that the applicant complies with all applicable state building codes and local building ordinances;
3. The zoning official verifying that the applicant complies with all applicable local zoning ordinances; and
4. The fire chief verifying that the applicant complies with Saf-C 6000, the state fire code, including, but not limited to, the applicable chapter of National Fire Protection Association (NFPA) 101, as adopted by the commissioner of the department of safety under RSA 153, and as amended pursuant to RSA 153:5, I, by the state fire marshal with the board of fire control, and local fire ordinances applicable for an agricultural processing and retail sales facility; or
b. For a building under construction or undergoing renovation:
1. The local approvals of the construction or renovation plans; and
2. The final local approvals required by a. above shall be submitted upon completion of the construction or renovation project;
(13)The results of a federal and NH state criminal records check conducted by the NH Department of Safety for every corporate officer, board member, and executive employee pursuant to RSA 126-X:8, IV(a), and RSA 126-X:4, II-a;
(14) If the ATC uses a private water supply, documentation that the water supply has been tested in accordance with and meets the requirements of RSA 485 and Env-Dw 700, or if a public water supply is used, a copy of a water bill;
(15) The distance, in feet, from any pre-existing designated drug-free school zone located within 1320 feet of the registered premises
(16) A list of all persons or entities not included in the RFA and having direct or indirect authority over the management or policies of the ATC, including the members of the not-for-profit corporation, and a list of all persons or entities contributing $5000 or more of the initial capital to operate an ATC, including capital that is in the form of land or buildings. Identify any conditions on such funds or property; and
(17) Documentation of liability insurance coverage in the amount of 2 million dollars.
(d) The applicant shall mail or hand-deliver the documents in (c) above to:

Important Dates

• May 23, 2013, House Bill 573 was approved by the Senate, and June 26, 2013, by the House , and was signed into law by the New Hampshire Governor Maggie Hassan, on July 23, 2013 (effective on passage), thereby authorizing the use of therapeutic cannabis in the state of New Hampshire, and established a registry identification card system. HB 573 also established a Therapeutic Use of Cannabis Advisory Council, required to “issue a formal opinion on whether the program should continue or be repealed”, in five years from creation.

• April 03, 2014, the New Hampshire Department of Health and Human Services (DHHS) posted the proposed “Therapeutic Cannabis Program Registry Rules”, and initiated the formal rule-making process.

• December 28, 2015, the New Hampshire Department of Health began issuing Registry Identification Cards, to those qualifying patients and appointed caregivers, whose applications have been approved. Registry ID cards cannot be used in New Hampshire, however, until the Alternative Treatment Center (ATC) approved dispensaries open — dispensaries are expected to open in spring 2016.

• In March of 2017, the New Hampshire House OK’d a bill to decriminalize one ounce of marijuana – the bill is still pending approval in the state Senate. The House also passed a bill that creates a commission to study the legalization of marijuana in New Hampshire.

For Patients

2016
Patients – 2089
Caregivers – 129
Providers – 560

2017
Patients – 4753
Caregivers – 325
Providers – 816

• Medical marijuana in New Hampshire became available on May 23, 2013, House Bill 573 was approved by the Senate 18-6, and by the House 284-66, on June 26, 2013. The bill was signed into law by the New Hampshire Governor Maggie Hassan, on July 23, 2013 (effective on passage).
• House Bill 573 authorized the use of therapeutic cannabis in the state of New Hampshire and established a registry identification card system. Additionally, the registration allows for up to four non-profit “alternative treatment centers” in the state, established an affirmative defence for qualified patients and appointed caregivers, with a valid registry ID card.

Qualifying Conditions

o ALS
o Alzheimer’s disease
o Cachexia
o Cancer
o Chemotherapy-induced anorexia
o Chronic Pain
o Chronic pancreatitis
o Crohn’s disease
o Ehlers-Danlos syndrome
o Elevated intraocular pressure
o Epilepsy
o Glaucoma
o Hepatitis C (currently receiving antiviral treatment)
o HIV/AIDS
o Lupus
o Moderate to severe vomiting
o Multiple Sclerosis
o Muscular Dystrophy
o Nausea
o Parkinson’s disease
o Persistent muscle spasms
o Post-Traumatic Stress Disorder
o Seizures
o Severe pain (that has not responded to previously prescribed medication)
o Spinal cord injury or disease
o Traumatic brain injury
o Wasting syndrome

How to get a medical marijuana card

The New Hampshire Patient Registry fee is $50. The New Hampshire Marijuana Registry is mandatory, and as of April 01, 2014, does accept other state’s registry cards.

1. Patients must be at least 18 years of age.
2. Patients must be a resident in the state of New Hampshire with proof of residency. If you do not have a New Hampshire I.D. an out of state I.D., passport, or other photo I.D. with proof of residency such as bank statement, utility bill, etc. is acceptable.
3. The qualifying patient must have been diagnosed by a physician as having a debilitating medical condition  —To qualify for a New Hampshire medical marijuana card, a patient must be diagnosed by a physician as having one of the debilitating medical conditions that is specifically identified under state law:
4. Patients must obtain legitimate medical records or documentation from your primary care physician describing the diagnosis of the patient’s qualifying condition. Ensure to bring the records to the marijuana evaluation appointment Once the physician has registered the patient with the New Hampshire Department of Health and Human Services (DHSS) as a qualifying patient, the patient must obtain a Medical Marijuana card from the state of New Hampshire’s Therapeutic Use of Cannabis Program:

Card Holder Benefits

Reciprocity – Yes, for patients with conditions that are also classified as qualifying conditions in New Hampshire. Out of state patients may not service New Hampshire dispensaries, but may legally possess medical marijuana if they have entered the state with it.

Caregivers

The direct cost of applying for and becoming a designated caregiver is approximately $100

Physicians

Medical providers who choose to certify their patients for the Therapeutic Cannabis Program are not required to register with the State, either with the Program or their licensing board.