Medical Marijuana and the New Hampshire Citizen

In 2013, New Hampshire joined the list of states allowing the use of medical marijuana which is now codified in RSA 126. This summer, the New Hampshire Department of Health and Human Services will issue regulations consistent with the statute. What does this new statute mean to the average New Hampshire citizen?

The Medical Patient and the Medical Registry Card

New Hampshire’s statute provides a regulatory scheme designed to allow medical patients with “qualifying conditions” to use the drug. A “qualifying medical condition” is essentially any medical condition that significantly interferes with daily activities documented by the patient’s medical provider or a severely debilitating or terminal medical condition. The state will establish a system for patients with “qualifying medical conditions” to obtain a valid registry identification card. This card, subject to certain statutory exceptions, exempts the patient from certain civil and criminal penalties as long as the patient does not possess more than two ounces of usable cannabis.

Prohibitions and Limitations on Medical Use of Cannabis

The statute prohibits the medical use of the drug:

-on private property without the written permission of the property owner;

-while under the influence of the drug while operating a motor vehicle;

-at your place of employment without the written permission of your employer;

-at a public place like a park, beach or bus;

The statute also prohibits possession of the drug:

-near any school and/or drug free zone;
-any correctional facility;
-any public recreation center or youth center; or
-any law enforcement agency.

This is a brief summary of the more important sections of the statute. If you need further information about your particular circumstances, you should consult an experienced attorney at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.

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