TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 318-B
CONTROLLED DRUG ACT

Section 318-B:1

    318-B:1 Definitions. –
The following words and phrases, as used in this chapter, shall have the following meanings, unless the context otherwise requires:
I. "Abuse of drugs" means the use of controlled drugs solely for their stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and not as a therapeutic agent recommended by a practitioner in the course of medical treatment or in a program of research operated under the direction of a physician, pharmacologist, physiologist, chemist, or advanced practice registered nurse.
I-a. "Administer" means an act whereby a single dose of a drug is instilled into the body of or given to a person or animal for immediate consumption or use.
I-aa. "Advanced emergency medical care provider" means a person licensed to provide advanced emergency medical care under RSA 151-B.
I-b. "Advanced practice registered nurse" means a person licensed to practice as an advanced practice registered nurse in this state pursuant to RSA 326-B:18.
II. "Amphetamine-type drugs" means amphetamine, optical isomers thereof, salts of amphetamine and its isomers, and chemical compounds which are similar thereto in physiological effect, and which show a like potential for abuse.
II-a. "Anabolic steroid" includes any of the following or any isomer, ester, salt, or derivative of the following that acts in the same manner on the human body:
(a) Clostebol;
(b) Dehydrochlormethyltestosterone;
(c) Ethylestrenol;
(d) Fluoxymesterone;
(e) Mesterolone;
(f) Methandienone;
(g) Methandrostenolone;
(h) Methenolone;
(i) Methyltestosterone;
(j) Nandrolone;
(k) Norethandrolone;
(l) Oxandrolone;
(m) Oxymesterone;
(n) Oxymetholone;
(o) Stanozolol; and
(p) Testosterone.
III. "Barbiturate-type drugs" means barbituric acid and its salts, derivatives thereof and chemical compounds which are similar thereto in physiological effect, and which show a like potential for abuse.
IV. "Cannabis-type drug" 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, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin. Such term does 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, manufacture, 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.
V. "Cocaine-type drugs" means coca leaves, cocaine, ecgonine, and chemical compounds which are similar thereto in chemical structure or which are similar thereto in physiological effect and which show a like potential for abuse.
V-a. "Commissioner" means the commissioner of the department of health and human services.
VI. "Controlled drugs" means any drug or substance, or immediate precursor, which is scheduled pursuant to RSA 318-B:1-a.
VI-a. (a) "Controlled drug analog" means a substance, however constituted, the chemical structure of which is derivative of, or substantially similar to that of a controlled drug and:
(1) Which has been shown in laboratory studies to bind with and activate the same central nervous receptors that are responsible for the psychoactive effects of a certain controlled drug or controlled drug class; or
(2) With respect to a particular person, which such person represents or intends to have similar psychoactive effects on the central nervous system as a controlled drug.
(b) "Controlled drug analog" shall not include:
(1) A controlled drug;
(2) Any substance for which there is an approved new drug application;
(3) With respect to a particular person, any substance, if an exemption is in effect for investigational use for that person under 21 U.S.C. section 355, to the extent conduct with respect to the substance is pursuant to such an exemption; or
(4) Any compound, mixture, or preparation that contains any controlled drug or controlled drug analog that is not for administration to a human being or animal, and that is packaged in such a form or concentration, or with adulterants or denaturants so that, as packaged, it does not present any significant potential for abuse.
VI-b. "Crack cocaine", also known as cocaine base or rock cocaine, means the free base form of cocaine in which the molecule is not chemically combined as an acid salt.
VII. "Dentist" means a person authorized by law to practice dentistry in this state.
VII-a. "Department" means the department of health and human services.
VIII. "Dispense" means to distribute, leave with, give away, dispose of, deliver, or sell one or more doses of and shall include the transfer of more than a single dose of a medication from one container to another and the labelling or otherwise identifying a container holding more than a single dose of a drug.
IX. "Drug dependence" means a state of physical addiction or psychic dependence, or both, upon a drug following use of that drug upon a repeated periodic or continuous basis except:
(a) Upon a morphine-type drug as an incident to current medical treatment of a demonstrable physical disorder, other than produced by the use of the drug itself, or
(b) Upon amphetamine-type, ataractic, barbiturate-type, hallucinogenic or other stimulant and depressant drugs as an incident to current medical treatment of a demonstrable physical or psychological disorder, or both, other than produced by the drug itself.
X. "Drug-dependent person" means any person who has developed a state of psychic or physical dependence, or both, upon a controlled drug following administration of that drug upon a repeated periodic or continuous basis. No person shall be classified as drug dependent who is dependent:
(a) Upon a morphine-type drug as an incident to current medical treatment of a demonstrable physical disorder other than drug dependence, or
(b) Upon amphetamine-type, ataractic, barbiturate-type, hallucinogenic or other stimulant and depressant drugs as an incident to current medical treatment of a demonstrable physical or psychological disorder, or both, other than drug dependence.
X-a. "Drug paraphernalia" means all equipment, products and materials of any kind which are used or intended for use or customarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes, but is not limited to:
(a) Kits used or intended for use or customarily intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
(b) Kits including but not limited to cocaine kits, used or intended for use or customarily intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
(c) Isomerization devices used or intended for use or customarily intended for use in increasing the potency of any species of plant which is a controlled substance.
(d) Testing equipment used or intended for use or customarily intended for use in identifying, or analyzing the strength, effectiveness or purity of controlled substances.
(e) Scales and balances used or intended for use or customarily intended for use in weighing or measuring controlled substances.
(f) Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use or customarily intended for use in cutting controlled substances.
(g) Separation gins and sifters used or intended for use or customarily intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
(h) Blenders, bowls, containers, spoons and mixing devices used or intended for use or customarily intended for use in compounding controlled substances.
(i) Capsules, balloons, envelopes and other containers used or intended for use or customarily intended for use in packaging small quantities of controlled substances.
(j) Containers and other objects used or intended for use or customarily intended for use in storing or concealing controlled substances.
(k) Objects used or intended for use or customarily intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
(2) Water pipes.
(3) Carburetion tubes and devices.
(4) Smoking and carburetion masks.
(5) Chamber pipes.
(6) Carburetor pipes.
(7) Electric pipes.
(8) Air-driven pipes.
(9) Chillums.
(10) Bongs.
(11) Ice pipes or chillers.
XI. "Federal food and drug laws" means the Federal Food, Drug and Cosmetic Act, as amended (Title 21 U.S.C. ยง 301 et seq.).
XI-a. "Fentanyl class drug" shall mean the following drugs: fentanyl, 3-methylfentanyl, 3-methylthiofentanyl, acetylfentanyl, acetyl-alpha-methylfentanyl, alpha-methylfentanyl, alpha-methylthiofentanyl, beta-hydroxyl-3-methylfentanyl, beta-hydroxyfentanyl, para-fluorofentanyl, thiofentanyl, alfentanil, carfentanil, remifentanil, sufentanil, and all optical isomers of these substances. Drugs which become controlled after September 1, 2015, pursuant to RSA 318-B:1-a; and are known or scheduled with a common name that includes the term "fentanyl", or "fentanil" shall also be considered as belonging to this class, along with optical isomers of same. Drugs may be added or removed from this classification by action of the general court.
XII. "Comprehensive Drug Abuse Prevention and Control Act of 1970" means the applicable law of the United States relating to opium, coca leaves and other narcotic drugs.
XIII. "Hallucinogenic drugs" are psychodysleptic drugs which assert a confusional or disorganizing effect upon mental processes or behavior and mimic acute psychotic disturbances. Exemplary of such drugs are mescaline, peyote, psilocybin and d-lysergic acid diethylamide.
XIV. "Laboratory" means a scientific or medical establishment entrusted with the custody of controlled drugs and the use of controlled drugs for scientific and medical purposes and for purposes of instruction, research or analysis.
XIV-a. "Law enforcement officer" means any officer of the state or political subdivision of the state who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter.
XV. "Manufacturer" means a person who, by compounding, mixing, cultivating, growing or other process, produces or prepares controlled drugs, but shall not mean a pharmacist who compounds controlled drugs to be sold or dispensed on prescription.
XVI. "Morphine-type drugs" means morphine and chemical compounds which are similar thereto in physiological effect and which show a like potential for abuse.
XVII. "Narcotic drugs" means cocaine-type and morphine-type drugs, and drugs other than cannabis-type regulated under the Comprehensive Drug Abuse Prevention and Control Act of 1970.
XVIII. "Nurse" means a person licensed to perform nursing as defined in RSA 326-B.
XIX. "Official written order" means an order written on a form provided for that purpose by the United States Attorney General under the laws of the United States making provision therefor, if such order forms are authorized and required by federal law, or conforming to the requirements of such a form and provided by the department of health and human services, or, if no such order form is provided, on an official form provided for that purpose by the department of health and human services.
XIX-a. "Optometrist" means a person authorized by law to practice optometry in this state pursuant to RSA 327.
XX. "Other stimulant and depressant drugs" means controlled drugs other than amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenics and morphine-type which are found to exert a stimulant and depressant effect upon the higher functions of the central nervous system and which are found to have a potential for abuse.
XXI. "Person" means any corporation, association or partnership, or one or more individuals.
XXII. "Pharmacist" means a person authorized by law to practice pharmacy pursuant to RSA 318.
XXIII. "Pharmacy" means an establishment licensed pursuant to RSA 318.
XXIV. "Physician" means a person authorized by law to practice medicine in this state pursuant to RSA 329.
XXIV-a. "Podiatrist" means a person authorized by law to practice podiatry in this state pursuant to RSA 315.
XXV. "Potential for abuse" means that there is a likelihood that a drug will be used solely for its stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system as distinguished from use recommended by a practitioner as a therapeutic agent in a course of medical treatment or in a program of research operated under the direction of a physician, pharmacologist, or advanced practice registered nurse.
XXVI. "Practitioner" means any person who is lawfully entitled to prescribe, administer, dispense or distribute controlled drugs to patients.
XXVI-a. "Practitioner-patient relationship" means a medical connection between a licensed practitioner and a patient that includes an in-person exam, a history, a diagnosis, a treatment plan appropriate for the licensee's scope of practice, and documentation of all prescription drugs including name and dosage. A licensee may prescribe for a patient whom the licensee does not have a practitioner-patient relationship under the following circumstances: for a patient of another licensee for whom the prescriber is taking call; for a patient examined by another New Hampshire licensed practitioner; or for medication on a short-term basis for a new patient prior to the patient's first appointment. The definition of a practitioner-patient relationship shall not apply to a practitioner licensed in another state who is consulting to a New Hampshire licensed practitioner with whom the patient has a relationship.
XXVII. "Prescribe" means order or designate a remedy or any preparation containing controlled drugs.
XXVIII. "Prescription" means an oral, written, or facsimile or electronically transmitted order for any controlled drug or preparation issued by a licensed practitioner to be compounded and dispensed by a pharmacist and delivered to a patient for a medicinal or therapeutic purpose arising from a practitioner-patient relationship.
XXIX. "Registry number" means the number assigned to each person registered under the federal narcotic laws.
XXIX-a. "Residual amount" means an unusable amount of a controlled substance in or on a hypodermic syringe or needle.
XXX. "Sale" means barter, exchange or gift, or offer therefor, and each such transaction made by any person whether as principal, proprietor, agent, servant, or employee.
XXXI. "State food, drug and cosmetic laws" means RSA 146.
XXXI-a. "Substantially similar in chemical structure" means that the substance in question shares a common core structure with a controlled drug, meaning that the "backbone" of the molecule is the same, and has no more than 2 points of divergence (additions, deletions, or substitutions) from the controlled drug, which may consist of a single atom or a functional group or some combination thereof. Functional groups are further defined as alkyl, alkenyl, alkynyl, ring structures (either homocyclic or heterocyclic, with or without additional attached functional groups), organic halides, alkoxy, alcohol, ether, amine, aldehyde, ketone, carboxylic acid, ester, amide, nitrile, nitro, sulfide, thiene, thioester, or thiol.
XXXII. "Veterinarian" means a person authorized by law to practice veterinary medicine in this state pursuant to RSA 332-B.
XXXIII. "Wholesaler" means a person who supplies or distributes controlled drugs that he himself has not produced or prepared to hospitals, practitioners, pharmacies, other wholesalers, manufacturers or federal, state and municipal agencies.

Source. 1969, 421:1. 1975, 255:2. 1977, 547:1-4. 1981, 513:1. 1985, 190:98; 293:1, 2; 324:17, 18. 1988, 6:1. 1989, 195:1; 361:1. 1993, 333:3. 1994, 186:1; 333:16-18. 1995, 310:155, 156, 181. 1996, 267:22. 2000, 176:4. 2001, 15:3; 282:8. 2005, 293:8. 2008, 217:3, 4. 2009, 54:5. 2011, 63:4. 2016, 2:1, eff. Jan. 21, 2016. 2017, 117:3, eff. June 16, 2017. 2021, 115:2, 3, eff. Sept. 7, 2021.

Section 318-B:1-a

    318-B:1-a Scheduling by the Commissioner. –
I. The commissioner may add, delete, or reschedule all substances, by rule, pursuant to RSA 541-A, after hearing and after consulting with the pharmacy board. In making a determination regarding a substance, the commissioner shall consider the following:
(a) Actual or relative potential for abuse;
(b) Scientific evidence of its pharmacological effect, if known;
(c) State of current scientific knowledge regarding the substance;
(d) History and current pattern of abuse;
(e) Scope, duration, and significance of abuse;
(f) Risk to the public health;
(g) Potential of the substance to produce psychic or physical dependence liability; and
(h) Whether the substance is an immediate precursor of a substance already controlled under this chapter.
II. After considering the factors in paragraph I, the commissioner shall make findings relative to the substance and adopt a rule controlling the substance if he finds the substance has a potential for abuse.
III. In addition to the provisions of RSA 541-A, the commissioner shall give due notice of the time, place and purpose of all hearings required under this chapter to podiatrists, osteopaths, hospitals, pharmacists, physicians, dentists, veterinarians, advanced registered nurse practitioners, optometrists, laboratories, registered manufacturers, suppliers and to the general public by such means as he shall deem adequate. From and after the hearing date, the sale or dispensation (except by prescription) of a drug or chemical containing any quantity of such substance as is the subject matter of the hearing shall be suspended pending a determination as to whether such substance is to be designated as a controlled drug. Designation as a controlled drug shall result in the continued suspension of the sale or dispensation (except by prescription) of any drug or chemical containing any quantity of such substance until the effective date of the designation. The substance shall thereafter be a controlled drug subject to this chapter. If any substance is so designated, the commissioner shall publish the designation in a newspaper of general circulation in the state once each week for 3 successive weeks.
IV. Substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
V. If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the commissioner, the commissioner shall similarly control the substance under this chapter after the expiration of 30 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless, within that 30 day period, the commissioner objects to inclusion, rescheduling, or deletion. In that case, the commissioner shall publish the reasons for objection and afford all interested persons an opportunity to be heard. At the conclusion of the hearing, the commissioner shall publish his decision, which shall be final unless altered by law. Upon publication of objection to inclusion, rescheduling, or deletion under this chapter by the commissioner, control under this chapter shall be stayed until the commissioner publishes his decision.
VI. Authority to control under this section shall not extend to distilled spirits, wine, malt beverages, or tobacco.
VII. Controlled drugs shall be scheduled by whatever official, common, usual, chemical or trade name designated.
VIII. The commissioner shall revise and republish the schedules in RSA 318-B:1-b semi-annually for 2 years from the effective date of this section, and thereafter annually.

Source. 1985, 293:3. 1993, 333:4. 1994, 333:19. 1995, 310:183, eff. Nov. 1, 1995.

Section 318-B:1-b

    318-B:1-b Schedule Tests. –
I. Schedule I Tests. The commissioner shall place a substance in schedule I if he finds that the substance:
(a) Has high potential for abuse; and
(b) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
II. Schedule II Tests. The commissioner shall place a substance in schedule II if he finds that:
(a) The substance has high potential for abuse;
(b) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and
(c) The abuse of the substance may lead to severe psychic or physical dependence.
III. Schedule III Tests. The commissioner shall place a substance in schedule III if he finds that:
(a) The substance has a potential for abuse less than the substances listed in schedules I and II of the current chapter 21, Code of Federal Regulations;
(b) The substance has currently accepted medical use in treatment in the United States; and
(c) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
IV. Schedule IV Tests. The commissioner shall place a substance in schedule IV if he finds that:
(a) The substance has a low potential for abuse relative to substances listed in schedule III of the current chapter 21, Code of Federal Regulations;
(b) The substance has currently accepted medical use in treatment in the United States; and
(c) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in schedule III of the current chapter 21, Code of Federal Regulations.
V. Schedule V Tests. The commissioner shall place a substance in schedule V if he finds that:
(a) The substance has a low potential for abuse relative to substances listed in schedule IV of the current chapter 21, Code of Federal Regulations;
(b) The substance has currently accepted medical use in treatment in the United States; and
(c) The substance has limited physical dependence liability or psychological dependence liability relative to the substances in schedule IV of the current chapter 21, Code of Federal Regulations.

Source. 1985, 293:3. 1995, 310:183, eff. Nov. 1, 1995.

Section 318-B:1-c


[RSA 318-B:1-c contingently repealed by 1998, 359:2; see contingent repeal note set out below.]
    318-B:1-c Flunitrazepam. –
I. The legislature intends that the provisions of paragraph III of this section shall remain in effect until such time as flunitrazepam is scheduled by the commissioner of the department of human services in accordance with and pursuant to RSA 318-B.
II. The legislature finds that flunitrazepam, marketed under the trade name rohypnol, which has a sedative, hypnotic, and amnesiac effect, has no acceptable medical uses in the United States and carries a high potential for abuse. Therefore, flunitrazepam meets the criteria for placement on schedule I of controlled drugs.
III. Notwithstanding the provisions of RSA 318-B:1-a, relative to scheduling by rulemaking of the commissioner of the department of health and human services, flunitrazepam shall be scheduled as a schedule I controlled drug.

Source. 1998, 359:1. 2005, 177:138, eff. July 1, 2005.

Section 318-B:2

    318-B:2 Acts Prohibited. –
I. It shall be unlawful for any person to manufacture, possess, have under his control, sell, purchase, prescribe, administer, or transport or possess with intent to sell, dispense, or compound any controlled drug, or controlled drug analog, or any preparation containing a controlled drug, except as authorized in this chapter.
I-a. It shall be unlawful for any person to manufacture, sell, purchase, transport or possess with intent to sell, dispense, compound, package or repackage (1) any substance which he represents to be a controlled drug or controlled drug analog, or (2) any preparation containing a substance which he represents to be a controlled drug or controlled drug analog, except as authorized in this chapter.
I-b. It shall be unlawful for a qualifying patient or designated caregiver as defined under RSA 126-X:1 to sell cannabis to another person who is not a qualifying patient or designated caregiver. A conviction for the sale of cannabis to a person who is not a qualifying patient or designated caregiver shall not preclude or limit a prosecution or conviction of any person for sale of cannabis or any other offense defined in this chapter.
II. It shall be unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be used or is customarily intended to be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled substance.
II-a. It shall be unlawful for any person, at retail, to sell or offer for sale any drug paraphernalia listed in RSA 318-B:1, X-a.
III. It shall be unlawful for any person to place in any newspaper, magazine, handbill,or other publication any advertisement, knowing that the purpose of the advertisement, when viewed as a whole, is to promote the sale of objects intended for use or customarily intended for use as drug paraphernalia.
IV. In determining whether an object is drug paraphernalia under this chapter, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(a) Statements by an owner or by anyone in control of the object concerning its use;
(b) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
(c) The proximity of the object, in time and space, to a direct violation of this chapter;
(d) The proximity of any residue of controlled substances;
(e) The existence of any residue of controlled substances on the object;
(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use as drug paraphernalia;
(g) Instructions, oral or written, provided with the object concerning its use;
(h) Descriptive materials accompanying the object which explain or depict its use;
(i) National and local advertising concerning its use;
(j) The manner in which the object is displayed for sale;
(k) Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise;
(l) Whether the object is customarily intended for use as drug paraphernalia and the existence and scope of other legitimate uses for the object in the community; and
(m) Expert testimony concerning its use.
V. No person shall obtain or attempt to obtain a controlled drug:
(a) By fraud, deceit, misrepresentation, or subterfuge;
(b) By the forgery or alteration of a prescription or of any written order;
(c) By the concealment of a material fact;
(d) By the use of a false name or the giving of a false address; or
(e) By submission of an electronic or on-line medical history form that fails to establish a valid practitioner-patient relationship.
VI. No person shall willfully make a false statement in any prescription, order, report, or record required hereby.
VI-a. No person or entity shall issue clinical decision support alerts or similar notices, warnings, or announcements by means of electronic health record software or similar electronic means designed to increase prescriptions for scheduled drug products, in violation of the Anti-Kickback Statute 42 U.S.C. section 1320a-7b(b), or with the intent to defraud the United States pursuant to 18 U.S.C. section 371.
VII. No person shall, for the purpose of obtaining a controlled drug, falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, pharmacist, practitioner, or other authorized person.
VIII. No person shall make or utter any false or forged prescription or false or forged written order.
IX. No person shall affix any false or forged label to a package or receptacle containing controlled drugs.
X. Possession of a false or forged prescription for a controlled drug by any person, other than a pharmacist in the pursuance of his profession, shall be prima facie evidence of his intent to use the same for the purpose of illegally obtaining a controlled drug.
XI. It shall be unlawful for any person 18 years of age or older to knowingly use, solicit, direct, hire or employ a person 17 years of age or younger to manufacture, sell, prescribe, administer, transport or possess with intent to sell, dispense or compound any controlled drug or any preparation containing a controlled drug, except as authorized in this chapter, or to manufacture, sell, transport or possess with intent to sell, transport or possess with intent to sell, dispense, compound, package or repackage (1) any substance which he represents to be a controlled drug or controlled drug analog, or (2) any preparation containing a substance which he represents to be a controlled drug or controlled drug analog, except as authorized in this chapter. It shall be no defense to a prosecution under this section that the actor mistakenly believed that the person who the actor used, solicited, directed, hired or employed was 18 years of age or older, even if such mistaken belief was reasonable. Nothing in this section shall be construed to preclude or limit a prosecution or conviction for a violation of any other offense defined in this chapter or any other provision of law governing an actor's liability for the conduct of another.
XII. A person is a drug enterprise leader if he conspires with one or more persons as an organizer, supervisor, financier, or manager to engage for profit in a scheme or course of conduct to unlawfully manufacture, sell, prescribe, administer, dispense, bring with or transport in this state methamphetamine, lysergic acid diethylamide, phencyclidine (PCP) or any controlled drug classified in schedule I or II, or any controlled drug analog thereof. A conviction as a drug enterprise leader shall not merge with the conviction for any offense which is the object of the conspiracy. Nothing in this section shall be construed to preclude or limit a prosecution or conviction of any person for conspiracy or any other offense defined in this chapter.
XII-a. It shall be unlawful for any person to knowingly acquire, obtain possession of or attempt to acquire or obtain possession of a controlled drug by misrepresentation, fraud, forgery, deception or subterfuge. This prohibition includes the situation in which a person independently consults 2 or more practitioners for treatment solely to obtain additional controlled drugs or prescriptions for controlled drugs.
XII-b. It shall be unlawful for any person to knowingly obtain, or attempt to obtain, or to assist a person in obtaining or attempting to obtain a prescription for a controlled substance without having formed a valid practitioner-patient relationship.
XII-c. It shall be unlawful for any person to, by written or electronic means, solicit, facilitate or enter into any agreement or contract to solicit or facilitate the dispensing of controlled substances pursuant to prescription orders that do not meet the federal and state requirements for a controlled drug prescription, and without an established valid practitioner-patient relationship.
XII-d. It shall be unlawful for any pharmacy to ship finished prescription products, containing controlled substances, to patients residing in the state of New Hampshire, pursuant to any oral, written or online prescription order that was generated based upon the patient's submission of an electronic or online medical history form. Such electronic or online medical questionnaires, even if followed by telephonic communication between practitioner and patient, shall not be deemed to form the basis of a valid practitioner-patient relationship.
XII-e. It shall be unlawful for any pharmacist to knowingly dispense a controlled substance pursuant to any oral, written, or electronic prescription order, which he or she knows or should have known, was generated based upon the patient's submission of an electronic or online medical history form. Such electronic or online medical questionnaires, even if followed by telephonic communication between practitioner and patient, shall not be deemed to form the basis of a valid practitioner-patient relationship.
XII-f. It shall be unlawful for any person to prescribe by means of telemedicine a controlled drug classified in schedule II through IV, except as provided in RSA 318-B:2, XVI, (a) and (b).
XIII. Nothing in this section shall be deemed to preclude or limit a prosecution for theft as defined in RSA 637.
XIV. It shall be an affirmative defense to prosecution for a possession offense under this chapter that the person charged had a lawful prescription for the controlled drug in question or was, at the time charged, acting as an authorized agent for a person holding a lawful prescription. An authorized agent shall mean any person, including but not limited to a family member or caregiver, who has the intent to deliver the controlled drug to the person for whom the drug was lawfully prescribed.
XV. Persons who have lawfully obtained a controlled substance in accordance with this chapter or a person acting as an authorized agent for a person holding a lawful prescription for a controlled substance may deliver any unwanted or unused controlled substances to law enforcement officers acting within the scope of their employment and official duties for the purpose of collection, storage, and disposal of such controlled drugs in conjunction with a pharmaceutical drug take-back program established pursuant to RSA 318-E.
XVI. (a)(1) The prescribing of a non-opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a), who are treating a patient with whom the prescriber has an in-person practitioner-patient relationship, for purposes of monitoring or follow-up care. A provider shall not be required to establish care via face-to-face in-person service when:
(A) The provider is a Department of Veteran Affairs (VA) practitioner or VA-contracted practitioner not required to obtain a special registration pursuant to 21 U.S.C. section 831(h);
(B) The patient is being treated by, and is physically located in a correctional facility administered by the state of New Hampshire or a New Hampshire county;
(C) The patient is being treated by, and is physically located in a doorway as defined in RSA 167:4-d, II(c);
(D) The patient is being treated by and is physically located in a state designated community mental health center pursuant to RSA 135; or
(E) The patient is being treated by, and physically located in, a hospital or clinic registered in a manner fully consistent with 21 U.S.C. section 823(f).
(2) Subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually.
(b)(1) The prescribing of an opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a). A provider shall not be required to establish care via face-to-face in-person service when:
(A) The provider is a Department of Veteran Affairs (VA) practitioner or VA-contracted practitioner not required to obtain a special registration pursuant to 21 U.S.C. section 831(h);
(B) The patient is being treated by, and is physically located in a correctional facility administered by the state of New Hampshire or a New Hampshire county;
(C) The patient is being treated by, and is physically located in a Doorway as defined in RSA 167:4-d, II(c);
(D) The patient is being treated by and is physically located in a state designated community mental health center pursuant to RSA 135; or
(E) The patient is being treated by, and physically located in, a hospital or clinic registered in a manner fully consistent with 21 U.S.C. section 823(f).
(2) Subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and opioid, but not less than annually.
(c) The prescription authority under this paragraph shall be limited to a practitioner licensed to prescribe the drug and in compliance with all federal laws, including the United States Drug Enforcement Agency registration or waiver when required. An initial face-to-face in person exam shall be required with the exception of the locations enumerated in this paragraph.

Source. 1969, 421:1. 1977, 547:5. 1981, 513:2. 1983, 36:1; 292:1, 2. 1988, 6:2, 3. 1989, 207:1; 361:2, 3. 1990, 129:2. 2000, 176:5. 2008, 145:1; 217:5, 6. 2011, 63:5. 2013, 242:3. 2015, 246:3, 4. 2016, 221:1, 2, eff. Aug. 8, 2016. 2020, 27:9, eff. July 21, 2020. 2021, 183:3, eff. Jan. 1, 2022.

Section 318-B:2-a

    318-B:2-a Repealed by 1994, 333:34, eff. Jan. 1, 1995. –

Section 318-B:2-b

    318-B:2-b Counterfeit Drugs; Affirmative Defense. –
It is an affirmative defense to prosecution under RSA 318-B:2, I-a that the actor is:
I. A physician or advanced practice registered nurse who sells, dispenses, or prescribes a substance which he represents to be or contain a controlled drug, but which in fact neither is nor contains a controlled drug, to a patient under his care for a bona fide therapeutic purpose; or
II. A pharmacist who sells or dispenses a substance which he represents to be or contain a controlled drug, but which in fact neither is nor contains a controlled drug, to a person at the direction of and upon the written prescription of an attending physician or advanced practice registered nurse, provided any written prescription is properly executed, dated, and signed by the person prescribing on the day when issued and bears the full name and address of the patient for whom the drug is dispensed; or
III. A nurse or intern who, at the explicit direction of and under the supervision of an attending physician, administers a substance which he represents to be or contain a controlled drug, but which in fact neither is nor contains a controlled drug, to a patient for a bona fide therapeutic purpose; or
IV. An advanced emergency medical care provider who, upon receipt directly or by phone or by radio or by other communication medium of directions to do so from the supervising physician or an emergency/trauma advanced practice registered nurse, administers a substance which he represents to be or to contain a controlled drug, but which in fact neither is nor contains a controlled drug, to a patient for a bona fide therapeutic purpose.

Source. 1983, 36:2. 1992, 48:7. 1994, 333:20. 2009, 54:5, eff. July 21, 2009.

Section 318-B:2-c

    318-B:2-c Personal Possession of Marijuana. –
I. In this section:
(a) "Marijuana" includes the leaves, stems, flowers, and seeds of all species of the plant genus cannabis, but shall not include the resin extracted from any part of such plant and every compound, manufacture, salt, derivative, mixture, or preparation from such resin including hashish, and further, shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. Marijuana shall not include hemp grown, processed, marketed, or sold under RSA 439-A.
(b) "Personal-use amount of a regulated marijuana-infused product" means one or more products that is comprised of marijuana, marijuana extracts, or resins and other ingredients and is intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures, which was obtained from a state where marijuana sales to adults are legal and regulated under state law, and which is in its original, child-resistant, labeled packaging when it is being stored, and which contains a total of no more than 300 milligrams of tetrahydrocannabinol.
II. Except as provided in RSA 126-X, any person who knowingly possesses 3/4 of an ounce or less of marijuana, including adulterants or dilutants, shall be guilty of a violation, and subject to the penalties provided in paragraph V.
III. Except as provided in RSA 126-X, any person who knowingly possesses 5 grams or less of hashish, including adulterants or dilutants, shall be guilty of a violation, and subject to the penalties provided in paragraph V.
IV. Except as provided in RSA 126-X, any person 21 years of age or older possessing a personal-use amount of a regulated marijuana-infused product shall be guilty of a violation, and subject to the penalties provided in paragraph V. Persons 18 years of age or older and under 21 years of age who knowingly possess marijuana-infused products shall be guilty of a misdemeanor.
V. (a) Except as provided in this paragraph, any person 18 years of age or older who is convicted of violating paragraph II or III, or any person 21 years of age or older who is convicted of violating paragraph IV shall be subject to a fine of $100 for a first or second offense under this paragraph, or a fine of up to $300 for any subsequent offense within any 3-year period; however, any person convicted based upon a complaint which alleged that the person had 3 or more prior convictions for violations of paragraph II, III or IV, or under reasonably equivalent offenses in an out-of-state jurisdiction since the effective date of this paragraph, within a 3-year period preceding the fourth offense shall be guilty of a class B misdemeanor. The offender shall forfeit the marijuana, regulated marijuana-infused products, or hashish to the state. A court shall waive the fine for a single conviction within a 3-year period upon proof that person has completed a substance abuse assessment by a licensed drug and alcohol counselor within 60 days of the conviction. A person who intends to seek an assessment in lieu of the fine shall notify the court, which shall schedule the matter for review after 180 days. Should proof of completion of an assessment be filed by or before that time, the court shall vacate the fine without a hearing unless requested by a party.
(b) Any person under 18 years of age who is convicted of violating paragraph II or III shall forfeit the marijuana or hashish and shall be subject to a delinquency petition under RSA 169-B:6.
VI. (a) Except as provided in this section, no person shall be subject to arrest for a violation of paragraph II, III, or IV and shall be released provided the law enforcement officer does not have lawful grounds for arrest for a different offense.
(b) Nothing in this chapter shall be construed to prohibit a law enforcement agency from investigating or charging a person for a violation of RSA 265-A.
(c) Nothing in this chapter shall be construed as forbidding any police officer from taking into custody any minor who is found violating paragraph II, III, or IV.
(d) Any person in possession of an identification card, license, or other form of identification issued by the state or any state, country, city, or town, or any college or university, who fails to produce the same upon request of a police officer or who refuses to truthfully provide his or her name, address, and date of birth to a police officer who has informed the person that he or she has been found to be in possession of what appears to the officer to be 3/4 of an ounce or less of marijuana, a personal-use amount of a regulated marijuana-infused product, or 5 grams or less of hashish, may be arrested for a violation of paragraph II, III, or IV.
VII. All fines imposed pursuant to this section shall be deposited into the alcohol abuse prevention and treatment fund established in RSA 176-A:1 and utilized for evidence-informed substance abuse prevention programs.
VIII. (a) No record that includes personally identifiable information resulting from a violation of this section shall be made accessible to the public, federal agencies, or agencies from other states or countries.
(b) Every state, county, or local law enforcement agency that collects and reports data for the Federal Bureau of Investigation Uniform Crime Reporting Program shall collect data on the number of violations of paragraph II, III, or IV. The data collected pursuant to this paragraph shall be available to the public. A law enforcement agency may update the data annually and may make this data available on the agency's public Internet website.

Source. 2017, 248:2, eff. Sept. 16, 2017. 2019, 306:3, eff. July 30, 2019.

Section 318-B:2-d

    318-B:2-d Plea by Mail. –
I. Any person 18 years of age or older who is charged with a violation of RSA 318-B:2-c, II, III, or IV may enter a plea of guilty, nolo contendere, or not guilty, by mail in a circuit court, district division.
II. Such defendant shall receive, in addition to the summons, a fine notice entitled "Notice of Fine" which shall contain the amount of the fine for a violation of RSA 318-B:2-c, II, III, or IV. A defendant who is issued a summons and notice of fine and who wishes to plead guilty or nolo contendere shall enter his or her plea on the summons and return it with payment of the fine within 30 days of the date of the summons. Payment by credit card may be accepted in lieu of cash payment.
III. If the defendant wishes to enter a plea of not guilty, he or she shall enter such plea on the summons and return it within 30 days of the date of the summons. The circuit court, district division shall schedule a trial.
IV. Whenever a defendant willfully fails to pay a fine in connection with a conviction for a violation of RSA 318-B:2-c, II, III, or IV or payment of such fine cannot be collected, the defendant shall be defaulted and the court may impose an additional fine of $100.

Source. 2017, 248:2, eff. Sept. 16, 2017.

Section 318-B:2-e

    318-B:2-e Negligent Storage of Marijuana-Infused Products. –
I. In addition to any other penalties provided for by law, any person who negligently stores marijuana-infused products, where the negligent storage causes such products to be possessed by a person under 18 years of age, shall be guilty of a misdemeanor. The storing of marijuana-infused products obtained legally in any state in an original childproof container shall be prima facie evidence that a person did not act negligently. Failure to store marijuana-infused products obtained legally in any state in an original childproof container shall be prima facie evidence of negligence.
II. As used in this section, "marijuana-infused products" means products that are comprised of marijuana, marijuana extracts, or resins that have been combined with other ingredients and are intended for use or consumption, including but not limited to, edible products, drinks, ointments, and tinctures.

Source. 2017, 248:2, eff. Sept. 16, 2017.

Section 318-B:3

    318-B:3 Licensing of Manufacturers and Wholesalers Required. – No person shall manufacture controlled drugs, and no person as a wholesaler shall supply the same, without first having obtained a license to do so as provided in RSA 318:51-a.

Source. 1969, 421:1. 1973, 198:1. 1985, 324:19. 1990, 129:3, eff. June 18, 1990.

Section 318-B:4

    318-B:4 Repealed by 1985, 324:25, eff. Jan. 1, 1986. –

Section 318-B:5

    318-B:5 Sale by Manufacturer or Wholesaler. –
A duly licensed manufacturer or wholesaler may sell and dispense controlled drugs only to any of the following persons, and only on official written orders:
I. To a manufacturer, wholesaler, or pharmacist.
II. To a practitioner.
III. To that person in each hospital designated as in charge of controlled drugs, but only for use by that hospital, pursuant to the restrictions of the board of pharmacy license.
IV. To that person in each laboratory designated as in charge of controlled drugs, but only for use in that laboratory for scientific and medical purposes.
V. To a person in the employ of the United States government or of any state, territorial, district, county, municipal, or insular government purchasing, receiving, possessing, or dispensing controlled drugs by reason of his official duties, upon an exempt official order form as required by the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended.
VI. To a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or to a physician or surgeon, duly licensed in some state, territory, or the District of Columbia to practice his profession, or to a retired commissioned medical officer of the United States Army, Navy, or Public Health Service employed upon such ship or aircraft for the medical needs of persons on board such ship or aircraft, or to a physician, surgeon, or retired commissioned medical officer of the United States Army, Navy, or Public Health Service employed upon such ship or aircraft only in pursuance of a special order form approved by the Attorney General of the United States.
VII. To a person in a foreign country if the provisions of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended, are complied with.

Source. 1969, 421:1. 1977, 547:7, 8. 1983, 292:4, eff. Aug. 17, 1983.

Section 318-B:6

    318-B:6 Possession Lawful. – Possession of or control of controlled drugs obtained as authorized shall be lawful if in the regular course of business, occupation, profession, employment, or duty of the possessor. A person who obtains controlled drugs under the provisions of RSA 318-B:5 or otherwise shall not administer, dispense, or otherwise use such drugs within the state, except within the scope of his employment or official duty, and then only for scientific or medical purposes and subject to the provisions of this chapter.

Source. 1969, 421:1. 1983, 292:5, eff. Aug. 17, 1983.

Section 318-B:7

    318-B:7 Written Orders. – An official written order for any controlled drug in schedule II shall be signed in triplicate by the person giving said order or by his duly authorized agent. The original shall be presented to the person who sells or dispenses the controlled drug or drugs named therein. In the event of the acceptance of such order by said person, each party to the transaction shall preserve his copy of such order for a period of 2 years in such a way as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this chapter. It shall be deemed compliance with this section if the parties to the transaction have complied with the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended, or the federal food and drug laws, respecting the requirements governing the use of order forms.

Source. 1969, 421:1. 1977, 547:9. 1983, 292:6. 1985, 293:4, eff. Aug. 13, 1985.

Section 318-B:8

    318-B:8 Limitation on Use. – A person in charge of controlled drugs in a hospital or of a laboratory, or in the employ of this state or of any other state or of any political subdivision thereof, or a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or a physician or surgeon duly licensed in some state, territory, or the District of Columbia to practice his profession, or a retired commissioned medical officer of the United States Army, Navy, or Public Health Service employed upon such ship or aircraft who obtains controlled drugs under the provisions of RSA 318-B:5, or otherwise, shall not administer, nor dispense, nor otherwise use such drugs within the state, except within the scope of his employment or official duty, and then only for scientific or medical purposes and subject to the provisions of this chapter.

Source. 1969, 421:1, eff. Aug. 31, 1969.

Section 318-B:9

    318-B:9 Sale by Pharmacists. –
I. A pharmacist, in good faith and in the course of his or her professional practice, may sell and dispense controlled drugs exempt under the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended, and federal food and drug laws from prescription requirements. A pharmacist, in good faith, may sell and dispense controlled drugs requiring prescriptions to any person upon the written or electronically transmitted prescription of a practitioner, provided it is properly executed, dated and when required by law, manually or electronically signed by the person prescribing on the day when issued and bears the full name and address of the patient for whom, or of the owner of the animal for which, the drug is dispensed, or upon oral prescription, in pursuance of regulations promulgated by the Department of Justice of the United States, under the provisions of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended where applicable, provided said oral prescription is promptly reduced to writing by the pharmacist or authorized technician, stating the name of the practitioner so prescribing, the date, the full name and address of the patient for whom, or the owner of the animal for which, the drug is dispensed, and, in all instances, the full name, address and registry number under the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended, or federal food and drug laws of the person so prescribing. If the prescription is for an animal, it shall state the species of animal for which the drug is prescribed. The person filling the prescription shall indicate the date of filling and his or her name on the face or record of the prescription. The prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of 4 years so as to be readily accessible for the inspection of any officers engaged in the enforcement of this chapter. The prescription as to a controlled drug may be refilled pursuant to the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended. The person refilling a prescription for a controlled drug shall record on the prescription record the date of refill, the quantity dispensed, and his or her initials.
II. The legal owner of any stock of controlled drugs in a pharmacy, upon discontinuance of dealing in said drugs, may sell said stock to a manufacturer, wholesaler, or registered pharmacy but only upon an official written order, and in accordance with the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended, and regulations where applicable. A licensed pharmacy only upon an official written order may sell controlled drugs in schedule II to a practitioner to be used for medical purposes.
III. Prescriptions issued by practitioners for controlled drugs shall be executed in clear, concise, readable form. Each prescription shall contain the following information and comply with the following requirements:
(a) The full name and complete address of the patient or of the owner of the animal for which the drug is prescribed.
(b) The day, month, and year the prescription is issued.
(c) The name of the controlled drug prescribed. Only one controlled drug shall appear on a prescription blank.
(d) The strength of the controlled drug prescribed.
(e) The specific directions for use of the controlled drug by the patient.
(f) No refills shall be authorized for controlled drugs in schedule II of the current chapter 21, Code of Federal Regulations.
(g) The federal Drug Enforcement Administration registration number of the practitioner.
(h) The practitioner shall manually or electronically sign the prescription on the date of issuance.
(i) The practitioner's full name shall be printed, rubber stamped, or typewritten above or below the manual or electronic signature.
(j) A practitioner shall not issue a prescription in order to obtain controlled substances for the purpose of general dispensing to his or her patients.
(k) A practitioner shall not issue a prescription to himself or herself or his or her immediate family which includes a spouse, children or parents.
(l) A prescription shall be deemed invalid if it is not filled within 6 months from the date prescribed.
IV. No prescription shall be filled for more than a 34-day supply upon any single filling for controlled drugs of schedules II or III; provided, however, that for controlled drugs, in schedules II or III, that are commercially packaged for dispensing directly to the patient, such as metered sprays and inhalers, liquids packaged in bottles with calibrated droppers, and certain topical preparations packaged with metered dispensing pumps may be filled for greater than a 34-day supply, but not more than 60 days, utilizing the smallest available product size, in order to maintain the dosing integrity of the commercially packaged containers; and, provided that with regard to amphetamines and methylphenidate hydrochloride, a prescription may be filled for up to a 90-day supply if either such prescription specifies it is being used for the treatment of attention deficit disorder, attention deficit disorder with hyperactivity, or narcolepsy.
V. Notwithstanding the provisions of RSA 318-B:26, it shall be a misdemeanor for a practitioner to issue or a pharmacist to fill a prescription that does not meet the requirements of this section.
VI. A pharmacist employed by a pharmacy located in a hospital may dispense cannabis-type drugs prescribed under RSA 318-B:10, VI, to any person upon the written prescription of an attending physician, provided it is properly executed, dated, and signed by the person prescribing on the day when issued and bears the full name and address of the patient for whom the drug is dispensed. The pharmacist filling the prescription shall write the date of filling and his own signature on the face of the prescription.

Source. 1969, 421:1. 1977, 547:10. 1979, 398:5. 1981, 107:2; 226:1-3. 1983, 292:7. 1985, 293:5, 6. 1997, 30:1. 2005, 177:136, 137. 2008, 222:1, eff. Jan. 1, 2009. 2021, 58:1, eff. July 24, 2021.

Section 318-B:10

    318-B:10 Professional Use of Narcotic Drugs. –
I. A practitioner other than a veterinarian, in good faith, in the course of his professional practice, and for a legitimate medical purpose, may administer and prescribe controlled drugs, or the practitioner may cause the same to be administered by a nurse or intern under his direction and supervision. In a bona fide emergency situation, the practitioner may dispense a controlled drug to a patient under his care but only in a quantity not to exceed a 48-hour supply for all schedule II substances or a 7-day supply of schedule III, IV, or V substances.
II. A veterinarian, in good faith, in the course of his professional practice only, and not for use by a human being, may administer and prescribe controlled drugs, and the veterinarian may cause them to be administered to an animal under his care, but only in a quantity not to exceed a 48-hour supply of a schedule II substance or a 7-day supply of schedule III, IV, or V substances.
III, IV. [Repealed.]
V. An advanced emergency medical care provider licensed under RSA 153-A may possess, for emergency use only, such controlled prescription drugs as are specified by the state emergency medical services medical control board, with the concurrence of the pharmacy board, provided that there has been prior establishment of medical control for the possession of such drugs. The advanced emergency medical care provider may only administer such controlled prescription drugs upon receipt of orders to do so from a supervising physician or an emergency trauma advanced practice registered nurse, practicing within such nurse practitioner's specialty. Such orders may be transmitted either directly or by telephone or by radio or by other communication medium, or by standing order of local medical control delineated in a protocol as defined in RSA 153-A.
VI. Notwithstanding any other law to the contrary, an attending physician, in good faith and in the course of the attending physician's professional practice only, may prescribe and administer federal Food and Drug Administration approved and classified cannabis-type drugs, or the attending physician may cause such drugs to be administered by a nurse or intern under such physician's direction and supervision.
VII. (a) The department of health and human services is hereby declared to be the state methadone authority.
(b) The commissioner of the department of health and human services shall adopt and have in effect rules, pursuant to RSA 541-A, relative to methadone detoxification and maintenance programs as follows:
(1) Application procedure and standards for approval for certification and re-certification of providers to operate methadone detoxification and maintenance programs, including certification period, for each type of certification. The department shall utilize accreditation reports obtained from national accreditation bodies that are approved by the United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration in certifying methadone detoxification and maintenance programs in New Hampshire.
(2) Eligibility of individuals for admission to such programs.
(3) Qualifications of program personnel.
(4) Program content, including, but not limited to, services to be offered by the program.
(5) Mandatory records and reports to the department.
(6) Security measures to prevent diversion of methadone to illegal use.
(7) Confidentiality and disclosure of identifying information, records and reports.
(8) Financial responsibility.
(9) Any other provisions necessary to implement the purposes of this paragraph.
(c) Providers may operate a methadone detoxification or methadone maintenance program, or both, in the state of New Hampshire only if the providers are certified to operate pursuant to rules adopted under subparagraph VII(b).
(d) For the purposes of this paragraph:
(1) "Heroin" means an illegal semi-synthetic drug produced from the morphine contained in sap of the opium poppy, and known to have the potential for devastating addictive properties in vulnerable individuals.
(2) "Methadone" means a legal drug, methadone hydrochloride, which is a synthetic opioid that has been demonstrated to be an effective treatment agent for heroin abuse and dependence.
(3) "Methadone detoxification treatment" means the dispensing of methadone or similar substance in decreasing doses to an individual in order to reduce or eliminate adverse physiological or psychological effects incident to the withdrawal from the sustained use of heroin.
(4) "Methadone maintenance program" means a substance abuse treatment program substituting methadone or any of its derivatives, over time, to relieve withdrawal symptoms of heroin dependence, to reduce craving, and to permit normal functioning and engagement in rehabilitative services.
(e) Nothing in this paragraph shall prohibit a licensed health care practitioner from administering, prescribing, or dispensing a controlled drug under paragraph I.
(f) The department shall assess a fee to be paid by providers of methadone detoxification and maintenance programs for certification and administration by the department. The fee shall be $8 per client based on the annual client census of the previous calendar year. If the provider had no clients in the previous calendar year, then the fee shall be $1,000. All moneys collected by the department from fees authorized under this subparagraph shall be deposited into the general fund.
(g) The commissioner of the department of health and human services shall report by July 31, 2010, and each July 31 thereafter, to the chairpersons of the house and senate ways and means committees, the house and senate committees having jurisdiction over health and human services, and the oversight committee on health and human services under RSA 126-A:13, on the number of methadone detoxification and maintenance program clinics certified under RSA 318-B:10, VII, the number of clients, the average annual census data, the amount of fees assessed providers, and any recommendations for changes to the fee structure.
VIII. (a) Notwithstanding paragraph VII or any other law to the contrary, methadone may be administered, prescribed, and dispensed to pregnant and postpartum heroin addicts and administered as part of an alcohol and drug abuse treatment program, which may include extended detoxification and which is approved by the commissioner of health and human services.
(b) The commissioner of health and human services shall adopt rules pursuant to RSA 541-A, relative to:
(1) Eligibility for the program.
(2) Length of time in the program.
(3) Requirements for participation in prenatal and postnatal care.
(4) Security measures to prevent diversion of methadone to illegal use.
(5) Any other provisions necessary to implement the purposes of this paragraph.
IX. If, in the judgment of a physician licensed under RSA 329, appropriate pain management warrants a high dosage of controlled drugs and the benefit of the relief expected outweighs the risk of the high dosage, the licensed physician may administer or cause to be administered such a dosage, even if its use may increase the risk of death, so long as it is not furnished for the purpose of causing, or the purpose of assisting in causing, death for any reason and so long as it falls within rules of the board of medicine.

Source. 1969, 421:1. 1973, 392:3. 1977, 106:2; 547:11, 12. 1981, 107:1. 1983, 292:8, 9, 21, I, II. 1985, 293:7; 324:20. 1992, 48:8. 1994, 186:2; 333:21. 1995, 286:25. 1996, 252:1, 2; 267:23. 1998, 149:1. 1999, 345:8. 2000, 268:2; 271:1. 2009, 54:5, eff. July 21, 2009; 205:1, 2, eff. July 15, 2009. 2017, 156:157, eff. July 1, 2017.

Section 318-B:11

    318-B:11 Preparations Exempted. –
I. Not Dependence Forming or of Sustaining Character. The department of health and human services may by rule exempt from the application of this chapter, to such extent as it determines to be consistent with the public welfare, pharmaceutical preparations found by the department of health and human services after due notice and hearing:
(a) Either to possess no physiological or psychological dependence forming or sustaining character, or to possess physiological or psychological dependence forming or sustaining character not sufficient to warrant imposition of all the requirements of this chapter, and,
(b) Not to permit recovery of the minute quantity of a controlled drug from the pharmaceutical preparation having such a physiological or psychological dependence forming or sustaining character, with such relative technical chemical separation simplicity and degree of quantitative yield as to create a risk of improper use.
II. Exempt Under Federal Law. In exercising the authority granted in paragraph I, the commissioner of the department of health and human services by rule and without special findings, may grant exempt status to such pharmaceutical preparations as are or may be determined to be exempt under the Comprehensive Drug Abuse Prevention and Control Act of 1970 and regulations and permit the administering, dispensing, or selling of such preparations under the same conditions as permitted by the Comprehensive Drug Abuse Prevention and Control Act of 1970 and regulations and the federal food and drug laws and regulations.
III. Revocation. If the department of health and human services shall find after due notice and a hearing, as required by RSA 318-B:1, VI, that any exempt pharmaceutical preparation does possess a degree of physiological or psychological dependence character that results in material abusive use, it shall by designation publish, once each week for 3 successive weeks, the findings in a newspaper of general circulation in the state. The findings shall be effective, and the exempt status shall cease to apply to such pharmaceutical preparation, 7 days after the date of the publication of the findings. The suspension procedure specified in RSA 318-B:1, VI, shall also apply to such exempt preparation after the hearing date.

Source. 1969, 421:1. 1977, 547:13. 1985, 190:99, 100. 1995, 310:181, 182, eff. Nov. 1, 1995.

Section 318-B:12

    318-B:12 Records to be Kept; Confidentiality. –
I. Practitioners, including physicians, podiatrists, dentists, veterinarians, optometrists, advanced practice registered nurses, manufacturers, wholesalers, pharmacists, clinics, hospitals, and laboratories, shall keep separate records, so as not to breach the confidentiality of patient records, to show the receipt and disposition of all controlled drugs. Such records shall meet the requirements of the department of health and human services and federal laws and regulations relative to the receipt, manufacture, inventory, distributions, sale, dispensing, loss, theft, and any other disposition of controlled drugs. The records shall indicate at least the name, dosage form, strength, and quantity of the controlled drug; the name and address of any person to whom the drug was administered, dispensed, sold or transferred and the date of any and all transactions involved with the controlled drug.
II. Prescription orders and records required by this chapter and stocks of controlled drugs shall be open for inspection only to federal, state, county and municipal law enforcement officers; all officers, agents, inspectors, and representatives of the board of pharmacy who are charged with the responsibility to enforce this chapter; all peace officers within the state; the attorney general; and all county attorneys whose duty it is to enforce the laws of this state or of the United States relating to controlled drugs. No officer having knowledge by virtue of his office of any such prescription, order, or record shall divulge such knowledge, except in connection with a prosecution or proceeding in court or before a licensing or registration board or officer, to which prosecution or proceeding the person to whom such prescriptions, orders or records relate is a party.
III. Practitioners including physicians, podiatrists, dentists, veterinarians, optometrists, advanced practice registered nurses, manufacturers, wholesalers, pharmacies, clinics, hospitals, laboratories, and any other person required by federal law to conduct biennial controlled substance inventories, shall do so in accordance with 21 U.S.C. section 1304.11(c) inventory requirements every odd-numbered year. The pharmacy board, established in RSA 318:2, may adopt rules, pursuant to RSA 541-A, relative to the board's responsibility for ensuring compliance with this paragraph.
IV. Records relative to prescription information containing patient-identifiable and prescriber-identifiable data shall not be licensed, transferred, used, or sold by any pharmacy benefits manager, insurance company, electronic transmission intermediary, retail, mail order, or Internet pharmacy or other similar entity, for any commercial purpose, except for the limited purposes of pharmacy reimbursement; formulary compliance; care management; utilization review by a health care provider, the patient's insurance provider or the agent of either; health care research; or as otherwise required by law. Commercial purpose includes, but is not limited to, advertising, marketing, promotion, or any activity that could be used to influence sales or market share of a pharmaceutical product, influence or evaluate the prescribing behavior of an individual health care professional, or evaluate the effectiveness of a professional pharmaceutical detailing sales force. Nothing in this paragraph shall prohibit the dispensing of prescription medications to a patient or to the patient's authorized representative; the transmission of prescription information between an authorized prescriber and a licensed pharmacy; the transfer of prescription information between licensed pharmacies; the transfer of prescription records that may occur in the event a pharmacy ownership is changed or transferred; care management educational communications provided to a patient about the patient's health condition, adherence to a prescribed course of therapy or other information about the drug being dispensed, treatment options, or clinical trials. Nothing in this section shall prohibit the collection, use, transfer, or sale of patient and prescriber de-identified data by zip code, geographic region, or medical specialty for commercial purposes. In addition to other appropriate remedies under this chapter, a violation of this paragraph is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right or remedy set forth in RSA 358-A may be used to enforce the provisions of this paragraph.

Source. 1969, 421:1. 1977, 547:14. 1983, 292:10. 1985, 324:21. 1990, 129:4. 1993, 333:5, 6. 1994, 333:22, 23. 1995, 310:181. 2006, 328:2, eff. June 30, 2006. 2019, 8:1, eff. July 9, 2019.

Section 318-B:12-a

    318-B:12-a Treatment for Drug Abuse. – Any minor 12 years of age or older may voluntarily submit himself to treatment for drug dependency as defined in RSA 318-B:1, IX, or any problem related to the use of drugs at any municipal health department, state institution or facility, public or private hospital or clinic, any licensed physician or advanced practice registered nurse practicing within such nurse practitioner's specialty, or other accredited state or local social welfare agency, without the consent of a parent, guardian, or any other person charged with the care or custody of said minor. Such parent or legal guardian shall not be liable for the payment for any treatment rendered pursuant to this section. The treating facility, agency or individual shall keep records on the treatment given to minors as provided under this section in the usual and customary manner, but no reports or records or information contained therein shall be discoverable by the state in any criminal prosecution. No such reports or records shall be used for other than rehabilitation, research, or statistical and medical purposes, except upon the written consent of the person examined or treated. Nothing contained herein shall be construed to mean that any minor of sound mind is legally incapable of consenting to medical treatment provided that such minor is of sufficient maturity to understand the nature of such treatment and the consequences thereof.

Source. 1971, 136:1. 1994, 333:24. 2009, 54:5, eff. July 21, 2009.

Section 318-B:13

    318-B:13 Labels. –
I. Whenever a manufacturer sells or dispenses a controlled drug, and whenever a wholesaler sells or dispenses a controlled drug in a package prepared by him, he shall securely affix to each package in which the drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of controlled drug contained therein. If any controlled drug is determined by rule of the department of health and human services to be habit forming, the container label shall show clearly the statement "Warning-May be Habit Forming". No person, except a pharmacist for the purpose of filling a prescription under this chapter, shall alter, deface, or remove any label so affixed.
II. Whenever a pharmacist dispenses any controlled drug on prescription issued by a practitioner, he or she shall affix to the container in which such drug is dispensed a label showing the name, address, and registry number of the pharmacy and name or the initials of the pharmacist; the name of the prescribing practitioner; the prescription identification number; the name of the patient; the date dispensed; any directions as may be stated on the prescription; and the name and strength and quantity of the drug dispensed. All drugs dispensed to a patient that have been filled using a centralized prescription processing system shall bear a label containing an identifiable code that provides a complete audit trail of the dispensing of the drug and pharmaceutical care activities. No person shall alter, deface, or remove any label so affixed.
III. Whenever a practitioner other than a pharmacist, but including a physician, dentist, podiatrist, optometrist, veterinarian, or advanced practice registered nurse dispenses a controlled drug, he shall indicate on the container in which such drug is dispensed at least the name of the practitioner; the name and address of the patient, or, in the case of an animal, the name and address of the owner and the species of animal; the date dispensed; the name, strength, and quantity of drug dispensed; and the directions for administering the medication.
IV. A compounded drug product shall also be labeled as provided in RSA 318:14-a.

Source. 1969, 421:1. 1977, 547:15, 16. 1983, 292:11. 1985, 324:22. 1993, 333:7. 1994, 333:25. 1995, 310:181. 2002, 281:6. 2009, 54:5. 2013, 121:7, eff. Jan. 1, 2014.

Section 318-B:14

    318-B:14 Repealed by 2010, 173:2, eff. Jan. 1, 2011. –

Section 318-B:15

    318-B:15 Persons and Corporations Exempted. –
The provisions of this chapter restricting the possession and having control of controlled drugs shall not apply to:
I. Common carriers or to warehousemen while engaged in lawfully transporting or storing such drugs, or to an employee of the same acting within the scope of his employment; or to public officers or their employees in the performance of their official duties requiring possession or control of controlled drugs; or to temporary incidental possession by employees or agents or persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties.
II. Persons possessing prescription drugs dispensed to them pursuant to a lawful prescription or who are acting as an authorized agent for a person holding a lawful prescription. For purposes of this section, an authorized agent shall mean any person, including but not limited to a family member or caregiver, who has the intent to deliver the prescription drug to the person to whom the prescription drugs are lawfully prescribed. This exemption does not extend to persons possessing drugs with an intent to sell.
III. Law enforcement officers engaged in the collection, storage, and disposal of controlled drugs in conjunction with a pharmaceutical drug take-back program established under RSA 318-E.
IV. (a) A health care professional authorized to prescribe an opioid antagonist may prescribe, dispense, or distribute, directly or by standing order, an opioid antagonist to a person at risk of experiencing an opioid-related overdose or a family member, friend, or other person in a position to assist a person at risk of experiencing an opioid-related overdose. Any such prescription shall be regarded as being issued for a legitimate medical purpose in the usual course of professional practice.
(b) A person or organization may, if acting pursuant to the provisions of subparagraph (a), store and possess an opioid antagonist, dispense or distribute an opioid antagonist, and administer an opioid antagonist to another person who the person believes is suffering an opioid-related overdose.
(c) No health care professional who, acting in good faith and with reasonable care, prescribes, dispenses, or distributes an opioid antagonist directly or by standing order and no person who, acting in good faith and with reasonable care, stores, dispenses, or distributes an opioid antagonist or administers an opioid antagonist to another person who the person believes is suffering an opioid-related drug overdose shall be subject to any criminal or civil liability, or any professional disciplinary action, for any action authorized by this paragraph or any outcome resulting from an action authorized by this paragraph.
(d) In this paragraph:
(1) "Opioid antagonist" means any drug that binds to opioid receptors and blocks or disinhibits the effects of opioids acting on those receptors.
(2) "Opioid-related drug overdose" means a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death resulting from the consumption or use of an opioid, or another substance with which an opioid was combined, or that a layperson would reasonably believe to be an opioid-related drug overdose that requires medical assistance.

Source. 1969, 421:1. 2010, 173:1. 2011, 63:6. 2015, 65:1, eff. June 2, 2015.

Section 318-B:16

    318-B:16 Common Nuisances. – Any store, shop, warehouse, dwellinghouse, building, vehicle, boat, aircraft, or any place whatever which is resorted to by drug-dependent persons for the purpose of using controlled drugs or which is used for the illegal keeping or selling of the same shall be deemed a common nuisance. No person shall knowingly keep or maintain such a common nuisance.

Source. 1969, 421:1, eff. Aug. 31, 1969.

Section 318-B:16-a

    318-B:16-a Controlled Drugs Containing Opiates; Warning Label Required. – Any controlled drug containing opiates dispensed by a health care provider or pharmacy shall have an orange sticker with the word "opioid" in easily legible font placed on the cap or dispenser and shall have a warning label stating "Risk of addiction and overdose." The health care provider or pharmacist shall also provide each person with a handout which shall be developed and approved by the governor's commission on alcohol and drug abuse, prevention, treatment, and recovery which shall include guidance on associated risks of opioid use and how to mitigate them. This section shall not apply to pharmacists or a pharmacy that dispenses a drug containing an opioid that is administered to a patient treated in a health care facility required to be licensed under RSA 151. A patient may remove the cap sticker or warning label.

Source. 2019, 210:1, eff. Jan. 1, 2020.

Section 318-B:17

    318-B:17 Disposal of Controlled Drugs in Possession of Law Enforcement Officer. –
All controlled drugs, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a law enforcement officer shall be forfeited and disposed of as follows:
I. The superior court shall order such controlled drugs forfeited and destroyed. A record of the place where the drugs were seized, of the kinds and quantities of drugs so destroyed, and of the time, place and manner of destruction shall be kept, and return under oath, reporting said destruction, shall be made to the superior court and to the Drug Enforcement Administration, if controlled drugs are involved, by the officer who destroys them.
I-a. The circuit court having jurisdiction over a misdemeanor or violation controlled drug offense may order such controlled drugs forfeited and destroyed upon written motion. Such order shall not be entered until after the period for appeal of the offense has expired.
I-b. The circuit court shall require the same record and reporting of the officer who is destroying the controlled drugs as is required under paragraph I for the superior court, with the exception of notification to the Drug Enforcement Administration.
I-c. All unwanted or unused controlled drugs which have come into the custody of a law enforcement officer, pursuant to a pharmaceutical drug take-back program, shall be disposed of in accordance with the disposal requirements for controlled drugs set forth under RSA 318-E.
II, III. [Repealed.]

Source. 1969, 421:1. 1983, 292:13. 1995, 310:181. 1998, 362:1, 2. 2003, 80:1. 2011, 63:7, 8. 2013, 222:1, eff. Jan. 1, 2014.

Section 318-B:17-a

    318-B:17-a Disposal of Controlled Drugs in Possession of Practitioner. – No person other than the pharmacy board, its officers, agents, and inspectors is authorized to destroy any out-dated, deteriorated, excessive or otherwise unwanted or confiscated controlled drugs which are in the possession of a practitioner, veterinarian, pharmacy, peace officer, nursing home, manufacturer, wholesaler, clinic, or laboratory or hospital. No payment shall be made to any person or institution for any drug surrendered for destruction. A record shall be maintained which indicates the name, strength, and quantity of all drugs destroyed; the place and manner of destruction; the date and time destroyed; the name of the practitioner or institution surrendering the drugs; and the signature and title of the person witnessing destruction. Such records shall conform to any federal requirements and shall be open to inspection by all federal or state officers charged with the enforcement of federal or state controlled drug laws. This section shall not apply to residual amounts in hypodermic syringes and needles.

Source. 1977, 547:17. 1983, 292:14, eff. Aug. 17, 1983. 2017, 117:4, eff. June 16, 2017.

Section 318-B:17-b

    318-B:17-b Forfeiture of Items Used in Connection With Drug Offense. –
I. Interests in the following property, upon petition of the attorney general, shall be subject to forfeiture to the state and said property interest shall be vested in the state:
(a) All materials, products and equipment of any kind, including, but not limited to, firearms, scales, packaging equipment, surveillance equipment and grow lights, which are used or intended for use in procurement, manufacture, compounding, processing, concealing, trafficking, delivery or distribution of a controlled drug in felonious violation of this chapter.
(b) Property interest in any conveyance, including but not limited to aircraft, vehicles, or vessels, which is used or intended for use in the procurement, manufacture, compounding, processing, concealing, trafficking, delivery or distribution of a controlled drug in felonious violation of this chapter.
(c) Any moneys, coin, currency, negotiable instruments, securities or other investments knowingly used or intended for use in the procurement, manufacture, compounding, processing, concealing, trafficking, delivery or distribution of a controlled drug in felonious violation of this chapter and all proceeds, including moneys, coin, currency, negotiable instruments, securities or other investments, and any real or personal property, traceable thereto. All moneys, coin, currency, negotiable instruments, securities and other investments found in proximity to controlled substances are presumed to be forfeitable under this paragraph. The claimant of the property shall bear the burden of rebutting this presumption.
(d) Any books, records, ledgers and research material, including formulae, microfilm, tapes and any other data which are used or intended for use in felonious violation of this chapter.
(e) Any real property, including any right, title, leasehold interest, and other interest in the whole of any lot or tract of land and any appurtenances or improvements, which real property is knowingly used or intended for use, in any manner or part, in the procurement, manufacture, compounding, processing, concealing, trafficking, delivery or distribution of a controlled drug in felonious violation of this chapter.
I-a. The state shall have a lien on any property subject to forfeiture under this section upon seizure thereof. Upon forfeiture, the state's title to the property relates back to the date of seizure.
I-b. Property may be seized for forfeiture by any law enforcement agency designated by the department of justice, as follows:
(a) Upon process issued by any justice, associate justice or special justice of the municipal, district or superior court. The court may issue a seizure warrant on an affidavit under oath demonstrating that probable cause exists for its forfeiture or that the property has been the subject of a previous final judgment of forfeiture in the courts of any state or of the United States. The application for process and the issuance, execution and return of process shall be subject to applicable state law. The court may order that the property be seized and secured on such terms and conditions as are reasonable in the discretion of the court. Such order may include an order to a financial institution or to any fiduciary or bailee to require the entity to impound any property in its possession or control and not to release it except upon further order of the court. The order may be made on or in connection with a search warrant;
(b) Physically, without process on probable cause to believe that the property is subject to forfeiture under this chapter; or
(c) Constructively, without process on probable cause to believe that the property is subject to forfeiture under this chapter, by recording a notice of pending forfeiture in the registry of deeds in the county where the real property is located or at the town clerk's office where the personal property is located stating that the state intends to seek forfeiture of the identified property pursuant to this chapter.
(d) A seizure for forfeiture without process under subparagraph (b) or (c) is reasonable if made under circumstances in which a warrantless seizure or arrest would be valid in accordance with state law.
I-c. Upon seizure of any items or property interests the property shall not be subject to alienation, sequestration or attachment but is deemed to be in the custody of the department of justice subject only to the order of the court.
II. (a) Upon the seizure of any personal property under paragraph I, the person making or directing such seizure shall inventory the items or property interests and issue a copy of the resulting report to any person or persons having a recorded interest, or claiming an equitable interest in the item within 7 days of said seizure.
(b) Upon seizure of any real property under paragraph I, the person making or directing such seizure shall notify any person having a recorded interest or claiming an equitable interest in the property within 7 days of said seizure.
(c) The seizing agency shall cause an appraisal to be made of the property as soon as possible and shall promptly send to the department of justice a written request for forfeiture. This request shall include a statement of all facts and circumstances supporting forfeiture of the property, including the names of all witnesses then known, and the appraised value of the property.
(d) The department of justice shall examine the facts and applicable law of the cases referred pursuant to subparagraph (c), and if it is probable that the property is subject to forfeiture, shall cause the initiation of administrative or judicial proceedings against the property. If upon inquiry and examination, the department of justice determines that such proceedings probably cannot be sustained or that the ends of justice do not require the institution of such proceedings, the department shall make a written report of such findings and send a copy to the seizing agency, and, if appropriate, shall also authorize and direct the release of the property.
(e) The department of justice shall, within 60 days of the seizure, file a petition in the superior court having jurisdiction under this section. If no such petition is filed within 60 days, the items or property interest seized shall be released or returned to the owners.
II-a. Pending forfeiture and final disposition, the law enforcement agency making the seizure shall:
(a) Place the property under seal; or
(b) Remove the property to a storage area for safekeeping; or
(c) Remove the property to a place designated by the court; or
(d) Request another agency to take custody of the property and remove it to an appropriate location within the state; or
(e) In the case of moneys, file a motion for transfer of evidence under RSA 595-A:6. Upon the court's granting of the motion the moneys shall be immediately forwarded to an interest-bearing seized asset escrow account to be administered by the attorney general. Upon resolution of the forfeiture proceeding the moneys deposited shall be transferred to the drug forfeiture fund or returned to the owners thereof as directed by the court. Unless otherwise ordered by a court in a specific case, interest on all moneys deposited in the seized asset escrow account shall be deposited annually into the drug forfeiture fund established under RSA 318-B:17-c.
III. The court may order forfeiture of all items or property interests subject to the provisions of paragraph I, except as follows:
(a) No item or property interest shall be subject to forfeiture unless the owner or owners thereof were consenting parties to a felonious violation of this chapter and had knowledge thereof.
(b) No items or property interests shall be subject to forfeiture unless involved in an offense which may be charged as a felony.
IV. (a) The department of justice may petition the superior court in the name of the state in the nature of a proceeding in rem to order forfeiture of items or property interests subject to forfeiture under the provisions of this section. Such petition shall be filed in the court having jurisdiction over any related criminal proceedings which could be brought under this chapter.
(b) Such proceeding shall be deemed a civil suit in equity in which the state shall have the burden of proving all material facts by a preponderance of the evidence and in which the owners or other persons claiming an exception pursuant to paragraph III shall have the burden of proving such exception.
(c) The court shall issue summonses to all persons who have a recorded interest or claim an equitable interest in said items or property interests seized under this chapter and shall schedule a hearing on the petition to be held within 90 days of the date specified by the court on the summonses.
(d) At the request of any party to the forfeiture proceeding, the court may grant a continuance until the final resolution of any criminal proceedings which were brought against a party under this chapter and which arose from the transaction which gave rise to the forfeiture proceeding. No asset forfeiture may be maintained against a person's interest in property if that person has been found not guilty of the underlying felonious charge.
(e) At the hearing, the court shall hear evidence and make findings of fact and rulings of law as to whether the property is subject to forfeiture under this chapter. Except in the case of proceeds, upon a finding that the property is subject to forfeiture the court shall determine whether the forfeiture of the property is not excessive in relation to the underlying criminal offense. In making this determination the court shall consider whether in addition to any other pertinent considerations:
(1) There is a substantial connection between the property to be forfeited and the underlying drug offense;
(2) Criminal activities conducted by or through the use of the property were extensive; and
(3) The value of the property to be forfeited greatly outweighs the value of the drugs that were or would have been likely to be distributed, the costs of the investigation and prosecution, and the harm caused by the criminal conduct.
The court shall, thereupon, make a final order, from which all parties shall have a right of appeal.
V. Final orders for forfeiture of property under this section shall be implemented by the department of justice and shall provide for disposition of the items or property interests by the state in any manner not prohibited by law, including retention for official use by law enforcement or other public agencies or sale at public auction. The department of justice shall pay the reasonable expenses of the forfeiture proceeding, seizure, storage, maintenance of custody, advertising, court costs, and notice of sale from any money forfeited and from the proceeds of any sale or public auction of forfeited items. All outstanding recorded liens on said items or property interests seized shall be paid in full upon conclusion of the court proceedings from the proceeds of any sale or public auction of forfeited items. The balance remaining shall be distributed by the department of justice as follows:
(a) Of the first $600,000, $100,000 shall be credited to the police psychological stability screening fund established in RSA 106-L:16 and from the remainder:
(1) Forty-five percent shall be returned to the fiscal officer or officers of the municipal, county, state, or federal government which provided the law enforcement agency or agencies responsible for the seizure. Moneys returned to each fiscal officer shall be deposited in a special account and shall be used primarily for meeting expenses incurred by law enforcement agencies in connection with drug-related investigations. Except as provided in RSA 31:95-b, such funds shall be available for expenditure without further appropriation by the legislative body of the municipal, county, state or federal government, and shall not be transferred or expended for any other purpose. Moneys returned to a state law enforcement agency shall be deposited in a special nonlapsing account established within the office of the state treasurer and shall be in addition to all other state appropriations to such agency;
(2) Ten percent shall be deposited into a special nonlapsing account established within the office of the state treasurer for the department of health and human services; and
(3) Forty-five percent shall be deposited in a revolving drug forfeiture fund, administered by the department of justice pursuant to RSA 318-B:17-c; and
(b) Of any balance remaining:
(1) Ten percent shall be deposited in the manner prescribed in subparagraph V(a)(2) of this section; and
(2) Ninety percent shall be deposited in the manner prescribed in subparagraph V(a)(3) of this section.
The total amount of payments made to the special account for the department of health and human services pursuant to subparagraphs V(a)(2) and V(b)(1) of this section shall not exceed $400,000 in any fiscal year and any excess over $400,000 which would otherwise be paid to such special account under this section shall be deposited in the general fund. The revolving drug forfeiture fund shall at no time exceed $1,000,000. All sums in the revolving drug forfeiture fund in excess of $1,000,000 shall be credited to the general fund.

Source. 1981, 166:2. 1983, 292:15. 1985, 327:1-4. 1986, 232:1. 1988, 94:1. 1989, 380:1, 2. 1992, 182:1. 1994, 343:1-3. 1995, 310:177. 2014, 204:11. 2016, 329:5, 7, eff. Jan. 1, 2017. 2020, 12:21, eff. Sept. 14, 2020.

Section 318-B:17-c

    318-B:17-c Drug Forfeiture Fund. –
I. There is hereby established within the office of the state treasurer a special revolving fund to be designated as the drug forfeiture fund. This fund shall be administered by the attorney general and may be used to pay the costs of local, county and state drug related investigations, as well as drug control law enforcement programs within New Hampshire. The fund may also be used to pay extraordinary costs of local, county and state drug prosecutions and trial expenses.
II. Law enforcement agencies may apply to the department of justice for grants from the forfeiture fund. Such grants shall be utilized exclusively for meeting expenses associated with drug related investigations. The attorney general shall report 60 days after the close of each fiscal year to the governor and council and to the fiscal committee of the general court a detailed accounting of the grants provided to law enforcement agencies under this paragraph by agency, including the department of safety, and the amount forwarded to the department of health and human services, bureau of drug and alcohol services, for the preceding fiscal year. The attorney general's report shall also include a detailed accounting of the costs of investigations, enforcement programs, and prosecutions paid under paragraph I.
III. The attorney general shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The administration of the drug forfeiture fund.
(b) The grant application procedures and forms to be used by law enforcement agencies.

Source. 1985, 327:5. 1986, 232:2. 1989, 380:3. 2012, 247:29. 2016, 329:8, eff. June 24, 2016.

Section 318-B:17-d

    318-B:17-d Repealed by 2016, 329:9, eff. Jan. 1, 2017. –

Section 318-B:17-e

    318-B:17-e Drug Asset Forfeiture Guidelines Required. – The department of justice shall adopt and maintain drug asset forfeiture guidelines. The attorney general shall submit the guidelines and any proposed amendments to such guidelines to the house judiciary and family law committee and to the senate judiciary committee for review and comment at least as often as annually. The attorney general shall submit any proposed amendments to the guidelines for legislative review and comment prior to their becoming effective.

Source. 1994, 343:4. 1995, 9:39, eff. June 11, 1995.

Section 318-B:17-f

    318-B:17-f Forfeiture Reports. –
The attorney general shall submit a biennial report to the governor, senate president, and speaker of the house relative to the seizure of any items or property interests under RSA 318-B:17-b. Such report shall include:
I. A full and complete description of any items or property interests seized including the property's location and value.
II. The name and address of all known persons having a legal or equitable interest in the property.
III. Any findings of fact relative to the justice of the forfeiture as determined under RSA 318-B:17-b, IV(e).
The attorney general has the authority to exclude any information which would reveal the identity of an informant or compromise an ongoing investigation.

Source. 1994, 343:5, eff. Aug. 7, 1994.

Section 318-B:18

    318-B:18 Notice of Conviction to be Sent to Licensing Board. – On the conviction of any person for violation of any provision of this chapter, a copy of the judgment and sentence, and of the opinion of the superior court if any opinion is filed, shall be sent by the clerk of the court to the board by whom the convicted defendant has been licensed or registered to practice his profession or to carry on his business. The board may summarily suspend, limit or revoke the license or registration of the convicted defendant to practice his profession or to carry on his business.

Source. 1969, 421:1. 1983, 292:17, eff. Aug. 17, 1983.

Section 318-B:19, 318-B:20

    318-B:19, 318-B:20 Repealed by 1983, 292:21, eff. Aug. 17, 1983. –

Section 318-B:21

    318-B:21 Certain Communications Not Privileged. – Information communicated to a practitioner in an effort unlawfully to procure a controlled drug, or unlawfully to procure the administration of any such drug, shall not be deemed a privileged communication.

Source. 1969, 421:1. 1983, 292:18, eff. Aug. 17, 1983.

Section 318-B:22

    318-B:22 Exceptions and Exemptions Not Required to be Negatived. – In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained herein, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.

Source. 1969, 421:1, eff. Aug. 31, 1969.

Section 318-B:23

    318-B:23 Enforcement and Cooperation. – It is hereby made the duty of the department of health and human services, its officers, agents, inspectors, and representatives; the pharmacy board, its officers, agents, inspectors and representatives; and of all peace officers within the state, and of all county attorneys, to enforce all provisions of this chapter, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to controlled drugs.

Source. 1969, 421:1. 1977, 547:18. 1995, 310:181, eff. Nov. 1, 1995.

Section 318-B:24

    318-B:24 Rulemaking. –
I. The commissioner of the department of health and human services, in conjunction with the pharmacy board, shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Investigations and hearings on controlled drugs under RSA 318-B:1, VI.
(b) Official forms required by RSA 318-B:1, XIX.
(c) Licenses under RSA 318-B:4.
(d) Revocation procedures under RSA 318-B:11.
(e) Labels under RSA 318-B:13.
(f) [Repealed.]
II. The commissioner of the department of health and human services and the pharmacy board are hereby required to adopt rules under this chapter to conform with regulations promulgated by the Secretary of the Treasury of the United States, his delegate, the Secretary of Health and Human Services of the United States, or the United States Attorney General under the Comprehensive Drug Abuse Prevention and Control Act of 1970 and the federal food and drug laws.

Source. 1969, 421:1. 1977, 547:19. 1985, 190:101; 324:23. 1995, 310:182. 2012, 171:26, XIII, eff. Aug. 10, 2012.

Section 318-B:25

    318-B:25 Authority for Inspection. – All officers, agents, inspectors and representatives of the department of health and human services who are charged with the responsibility to enforce this chapter; all officers, agents, inspectors, and representatives of the pharmacy board who are charged with the responsibility to enforce this chapter; all peace officers within the state; the attorney general and all county attorneys; and federal, state, county and municipal law enforcement officers are authorized to enter during normal business hours upon the premises used by a practitioner for the purpose of his practice and to inspect such original records or prescriptions or both for controlled drugs as defined herein. Every practitioner, his clerk, agent, or servant shall exhibit to such person on demand every such original record or prescription or both so kept on file.

Source. 1969, 421:1. 1977, 547:20. 1983, 292:19. 1985, 324:24. 1995, 310:181, eff. Nov. 1, 1995.

Section 318-B:26

    318-B:26 Penalties. –
I. Any person who manufactures, sells, prescribes, administers, or transports or possesses with intent to sell, dispense, or compound any controlled drug, controlled drug analog or any preparation containing a controlled drug, except as authorized in this chapter; or manufactures, sells, or transports or possesses with intent to sell, dispense, compound, package or repackage (1) any substance which he represents to be a controlled drug, or controlled drug analog, or (2) any preparation containing a substance which he represents to be a controlled drug, or controlled drug analog, shall be sentenced as follows, except as otherwise provided in this section:
(a) In the case of a violation involving any of the following, a person shall be sentenced to a maximum term of imprisonment of not more than 30 years, a fine of not more than $500,000, or both. If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person may be sentenced to a maximum term of life imprisonment, a fine of not more than $500,000, or both:
(1) Five ounces or more of a mixture or substance containing any of the following, including any adulterants or dilutants:
(A) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; or
(B) Cocaine other than crack cocaine, its salts, optical and geometric isomers, and salts of isomers; or
(C) Ecgonine, its derivatives, their salts, isomers, and salts of isomers.
(2) Lysergic acid diethylamide, or its analog, in a quantity of 100 milligrams or more including any adulterants or dilutants, or phencyclidine (PCP), or its analog, in a quantity of 10 grams or more including any adulterants or dilutants.
(3) Heroin or its analog, crack cocaine, or a fentanyl class drug in a quantity of 5 grams or more, including any adulterants or dilutants.
(4) Methamphetamine or its analog, in a quantity of 5 ounces or more, including adulterants or dilutants.
(b) In the case of a violation involving any of the following, a person may be sentenced to a maximum term of imprisonment of not more than 20 years, a fine of not more than $300,000, or both. If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person may be sentenced to a term of imprisonment of not more than 40 years, a fine of not more than $500,000, or both:
(1) A substance or mixture referred to in subparagraph I(a)(1) of this section, other than crack cocaine, in a quantity of 1/2 ounce or more, including any adulterants or dilutants;
(2) A substance classified in schedule I or II other than those specifically covered in this section, or the analog of any such substance, in a quantity of one ounce or more including any adulterants or dilutants;
(3) Lysergic acid diethylamide, or its analog, in a quantity of less than 100 milligrams including any adulterants or dilutants, or where the amount is undetermined, or phencyclidine (PCP) or its analog, in a quantity of less than 10 grams, including any adulterants or dilutants, or where the amount is undetermined;
(4) Heroin or its analog, crack cocaine, or a fentanyl class drug in a quantity of one gram or more, including any adulterants or dilutants;
(5) Methamphetamine or its analog, in a quantity of one ounce or more including any adulterants or dilutants;
(6) Marijuana in a quantity of 5 pounds or more including any adulterants or dilutants, or hashish in a quantity of one pound or more including any adulterants and dilutants;
(7) Flunitrazepam in a quantity of 500 milligrams or more.
(c) In the case of a violation involving any of the following, a person may be sentenced to a maximum term of imprisonment of not more than 7 years, a fine of not more than $100,000, or both. If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person may be sentenced to a maximum term of imprisonment of not more than 15 years, a fine of not more than $200,000, or both:
(1) A substance or mixture referred to in subparagraph I(a)(1) of this section, other than crack cocaine, in a quantity less than 1/2 ounce including any adulterants or dilutants;
(2) A substance or mixture classified as a narcotic drug in schedule I or II other than those specifically covered in this section, or the analog of any such substance, in a quantity of less than one ounce including any adulterants or dilutants;
(3) Methamphetamine, or its analog in a quantity of less than one ounce including any adulterants or dilutants;
(4) Heroin or its analog, crack cocaine, or a fentanyl class drug in a quantity of less than one gram, including any adulterants or dilutants;
(5) Marijuana in a quantity of one ounce or more including any adulterants or dilutants, or hashish in a quantity of 5 grams or more including any adulterants or dilutants;
(6) Flunitrazepam in a quantity of less than 500 milligrams;
(7) Any other controlled drug or its analog, other than those specifically covered in this section, classified in schedules I, II, III or IV.
(d) In the case of a violation involving any of the following, a person may be sentenced to a maximum term of imprisonment of not more than 3 years, a fine of not more than $25,000, or both. If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person may be sentenced to a maximum term of imprisonment of not more than 6 years, a fine of not more than $50,000, or both:
(1) Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than 5 grams including any adulterants or dilutants;
(2) Any schedule V substance or its analog.
II. Any person who knowingly or purposely obtains, purchases, transports, or possesses actually or constructively, or has under his or her control, any controlled drug or controlled drug analog, or any preparation containing a controlled drug or controlled drug analog, except as authorized in this chapter, shall be sentenced as follows, except as otherwise provided in this section:
(a) In the case of a controlled drug or its analog, classified in schedules I, II, III, or IV, other than those specifically covered in this section, the person shall be guilty of a class B felony, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of not more than $25,000 may be imposed. If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person shall be guilty of a class A felony, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of up to $50,000 may be imposed.
(b) In the case of a controlled drug or its analog classified in schedule V, the person shall be sentenced to a maximum term of imprisonment of not more than 3 years, a fine of not more than $15,000, or both. If a person commits any such violation after one or more prior offenses as defined in RSA 318-B:27, such person shall be guilty of a class B felony, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of not more than $25,000 may be imposed.
(c) In the case of more than 3/4 ounce of marijuana or more than 5 grams of hashish, including any adulterants or dilutants, the person shall be guilty of a misdemeanor. In the case of marijuana-infused products possessed by persons under the age of 21 or marijuana-infused products as defined in RSA 318-B:2-e, other than a personal-use amount of a regulated marijuana-infused product as defined in RSA 318-B:2-c, I(b), that are possessed by a person 21 years of age or older, the person shall be guilty of a misdemeanor.
(d) In the case of 3/4 ounce or less of marijuana or 5 grams or less of hashish, including any adulterants or dilutants, the person shall be guilty of a violation pursuant to RSA 318-B:2-c. In the case of a person 21 years of age or older who possesses a personal-use amount of a regulated marijuana-infused product as defined in RSA 318-B:2-c, I(b), the person shall be guilty of a violation pursuant to RSA 318-B:2-c.
(e) In the case of a residual amount of a controlled substance, as defined in RSA 318-B:1, XXIX-a, a person shall be guilty of a misdemeanor if the person is not part of a service syringe program under RSA 318-B:43.
III. A person shall be guilty of a misdemeanor who:
(a) Except as provided in RSA 318-B:2-c, controls any premises or vehicle where he or she knows a controlled drug or its analog is illegally kept or deposited;
(b) Aids, assists or abets a person in his presence in the perpetration of a crime punishable under paragraph II of this section, knowing that such person is illegally in possession of a controlled drug or its analog.
(c) Manufactures with the intent to deliver, delivers or possesses with the intent to deliver any drug paraphernalia when such paraphernalia is knowingly manufactured, delivered or possessed for one or more of the uses set forth in RSA 318-B:2, II.
(d) Places an advertisement in violation of RSA 318-B:2, III.
III-a. [Repealed.]
IV. Any person who attempts or conspires to commit any offense defined in this chapter is punishable by imprisonment or a fine or both, which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
V. Any person who violates this chapter by manufacturing, selling, prescribing, administering, dispensing, or possessing with intent to sell, dispense, or compound any controlled drug or its analog, in or on or within 1,000 feet of the real property comprising a public or private elementary, secondary, or secondary vocational-technical school, may be sentenced to a term of imprisonment or fine, or both, up to twice that otherwise authorized by this section. Except to the extent a greater minimum sentence is otherwise provided by this chapter, a sentence imposed under this paragraph shall include a mandatory minimum term of imprisonment of not less than one year. Neither the whole nor any part of the mandatory minimum sentence imposed under this paragraph shall be suspended or reduced.
VI. Except as otherwise provided in this paragraph, a person convicted under RSA 318-B:2, XII as a drug enterprise leader shall be sentenced to a mandatory minimum term of not less than 25 years and may be sentenced to a maximum term of not more than life imprisonment. The court may also impose a fine not to exceed $500,000 or 5 times the street value of the controlled drug or controlled drug analog involved, whichever is greater. Upon conviction, the court shall impose the mandatory sentence unless the defendant has pleaded guilty pursuant to a negotiated agreement or, in cases resulting in trial, the defendant and the state have entered into a post-conviction agreement which provides for a lesser sentence. The negotiated plea or post-conviction agreement may provide for a specified term of imprisonment within the range of ordinary or extended sentences authorized by law, a specified fine, or other disposition. In that event, the court at sentencing shall not impose a lesser term of imprisonment or fine than that expressly provided for under the terms of the plea or post-conviction agreement.
VII. Any person who violates RSA 318-B:2, XI may be sentenced to a maximum term of imprisonment of not more than 20 years, a fine of not more than $300,000, or both. If any person commits such a violation after one or more prior offenses, as defined in RSA 318-B:27, such person may be sentenced to a term of imprisonment of not more than 40 years, a fine of not more than $500,000, or both.
VIII. Any person who knowingly or purposely obtains or purchases (1) any substance which he represents to be a controlled drug or controlled drug analog, or (2) any preparation containing a substance which he represents to be a controlled drug or controlled drug analog, except as authorized in this chapter, shall be guilty of a misdemeanor. If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person shall be guilty of a class B felony.
IX. Any person who manufactures, sells, or dispenses methamphetamine, lysergic acid, diethylamide phencyclidine (PCP) or any other controlled drug classified in schedules I or II, or any controlled drug analog thereof, in violation of RSA 318-B:2, I or I-a, is strictly liable for a death which results from the injection, inhalation or ingestion of that substance, and may be sentenced to imprisonment for life or for such term as the court may order. For purposes of this section, the person's act of manufacturing, dispensing, or selling a substance is the cause of a death when:
(a) The injection, inhalation or ingestion of the substance is an antecedent but for which the death would not have occurred; and
(b) The death was not:
(1) Too remote in its occurrence as to have just bearing on the person's liability; or
(2) Too dependent upon conduct of another person which was unrelated to the injection, inhalation or ingestion of the substance or its effect, as to have a just bearing on the person's liability. It shall not be a defense to a prosecution under this section that the decedent contributed to his own death by his purposeful, knowing, reckless or negligent injection, inhalation or ingestion of the substance or by his consenting to the administration of the substance by another. Nothing in this section shall be construed to preclude or limit any prosecution for homicide. A conviction arising under this section shall not merge with a conviction of one as a drug enterprise leader or for any other offense defined in this chapter.
IX-a. A qualifying patient or designated caregiver as defined in RSA 126-X:1 who sells cannabis to a person who is not a qualifying patient or a designated caregiver shall be guilty of a class B felony and shall be sentenced to a maximum term of imprisonment of not more than 7 years, a fine of not more than $300,000, or both.
X. Any penalty imposed for violation of this chapter shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.
XI. Any person who violates any provision of this chapter for which a penalty is not provided by paragraphs I through IX shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.
XII. The penalty categories set forth in this section based upon the weight of the drug involved are material elements of the offense; however, the culpability requirement shall not apply to that element of the offense.
XIII. Any person who violates any provision of this chapter shall be fined a minimum of $350 for a first offense and $500 for a second or subsequent offense, except that any person who violates the provisions of RSA 318-B:26, II(c) or RSA 318-B:26, II(d) shall be fined $350. This paragraph shall not apply to violations of RSA 318-B:2-c.

Source. 1969, 421:1. 1970, 48:3. 1973, 528:204. 1977, 547:21. 1981, 114:2; 513:3, 4. 1988, 6:4. 1989, 195:2; 207:2-5. 1991, 364:2. 1993, 291:1. 1994, 186:3-11. 1998, 359:3, 4. 2005, 177:52. 2006, 241:2. 2013, 242:4. 2016, 2:2-4, eff. Jan. 21, 2016; 307:1-3, eff. Aug. 20, 2016. 2017, 117:5, eff. June 16, 2017; 248:3-5, eff. Sept. 16, 2017.

Section 318-B:26-a

    318-B:26-a Chemical Analyses. –
I. Upon the request of the attorney general, a county attorney or any law enforcement agency, the laboratory employee performing the chemical analysis shall prepare a certificate. The employee shall sign the certificate subject to the penalties under this paragraph and shall include in the certificate an attestation as to the result of the analysis. The presentation of this certificate to a court by any party to a proceeding shall be evidence that all of the requirements and provisions of this section have been complied with. This certificate shall contain a statement establishing the following: the type of analysis performed; the result achieved; any conclusions reached based upon that result; that the subscriber is the person who performed the analysis and made the conclusions; the subscriber's training or experience to perform the analysis; and the nature and condition of the equipment used. When properly executed, the certificate shall, subject to paragraph II of this section and notwithstanding any other provision of law, be admissible evidence of the composition, quality, and quantity of the substance submitted to the laboratory for analysis, and the court shall take judicial notice of the signature of the person performing the analysis and of the fact that he or she is that person. A person shall be guilty of a class B felony if he or she knowingly makes any false entry in any certificate required under this paragraph.
II. Whenever a party intends to proffer in a criminal proceeding a certificate executed pursuant to this section, notice of an intent to proffer that certificate and all reports relating to the analysis in question, including a copy of the certificate, shall be conveyed to the opposing party or parties at least 25 days before the proceeding begins. An opposing party who intends to object to the admission into evidence of a certificate shall give notice of objection and the specific grounds for the objection within 10 days upon receiving the adversary's notice of intent to proffer the certificate. Whenever a notice of objection is filed, admissibility of the certificate shall be determined not later than 10 days before the beginning of the trial. A proffered certificate shall be admitted in evidence unless it appears from the notice of objection and specific grounds for that objection that the composition, quality, or quantity of the substance submitted to the laboratory for analysis will be contested at trial. A failure to comply with the time limitations regarding the notice of objection required by this section shall constitute a waiver of any objection to the admission of the certificate. The time limitations set forth in this section shall not be relaxed except upon a showing of good cause.

Source. 1981, 207:1. 1983, 19:2. 1988, 6:5, eff. July 1, 1988. 2017, 253:1, eff. July 1, 2017.

Section 318-B:26-b

    318-B:26-b Repealed by 2016, 212:2, eff. Nov. 1, 2016. –

Section 318-B:27

    318-B:27 Prior Offenses. – In the case of any person charged with a violation of any provision of this chapter or RSA 318-D, who has previously been convicted of a misdemeanor or felony level violation of the laws of the United States or any state, territory or the District of Columbia relating to controlled drugs as defined in this chapter, such previous conviction shall be deemed a prior offense. A prior conviction for a violation level offense shall not be deemed a prior offense, except as provided in RSA 318-B:2-c, V(a).

Source. 1969, 421:1. 2006, 241:3, eff. Jan. 1, 2007. 2017, 248:6, eff. Sept. 16, 2017.

Section 318-B:28

    318-B:28 Repealed by 1988, 6:6, eff. July 1, 1988. –

Section 318-B:28-a

    318-B:28-a Annulments of Criminal Records. – No court shall order an annulment, pursuant to RSA 651:5 or any other provision of law, of any record of conviction for a felony under RSA 318-B until 7 years after the date of conviction.

Source. 1985, 205:1. 1988, 238:5, eff. Jan. 1, 1989.

Section 318-B:28-b

    318-B:28-b Immunity From Liability. –
I. As used in this section:
(a) "Drug overdose" means an acute condition resulting from or believed to be resulting from the use of a controlled drug which a layperson would reasonably believe requires medical assistance.
(b) "Medical assistance" means professional services provided to a person experiencing a drug overdose by a health care professional licensed, registered, or certified under state law who, acting within his or her lawful scope of practice, may provide diagnosis, treatment, or emergency services for a person experiencing a drug overdose.
(c) "Requests medical assistance" shall include a request for medical assistance as well as providing care to someone who is experiencing a drug overdose while awaiting the arrival of medical assistance to aid the overdose victim.
II. It shall be a defense to an offense of possessing or having under his or her control, a controlled drug in violation of RSA 318-B:2 that a person in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose, or in good faith and in a timely manner reports that another person has been the victim of a violent crime. A person who in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose, or in good faith and in a timely manner reports that another person has been the victim of a violent crime, shall not be arrested, prosecuted, or convicted for possessing, or having under his or her control, a controlled drug in violation of RSA 318:B-2, if the evidence for the charge was gained as a proximate result of the request for medical assistance or the report to law enforcement. In this paragraph, "violent crime" shall have the same meaning as in RSA 651:5, XIII.
III. It shall be a defense to an offense of possessing or having under his or her control, a controlled drug in violation of RSA 318-B:2 that a person who is experiencing a drug overdose, in good faith and in a timely manner, requests medical assistance for himself or herself, or in good faith and in a timely manner reports that he or she has been the victim of a violent crime, or is the victim in a good faith and timely report of a violent crime. A person who in good faith requests, or is the subject of a good faith request for medical assistance, or in good faith and in a timely manner reports that he or she has been the victim of a violent crime, or is the victim in a good faith and timely report of a violent crime, shall not be arrested, prosecuted, or convicted for possessing, or having under his or her control, a controlled drug in violation of RSA 318-B:2, if the evidence for the charge was gained as a proximate result of the request for medical assistance or the report to law enforcement. In this paragraph, "violent crime" shall have the same meaning as in RSA 651:5, XIII.
IV. (a) Nothing in this section shall be construed to limit the admissibility of evidence in connection with the investigation or prosecution of a crime involving a person who is not protected as provided in paragraphs II or III.
(b) Nothing in this section shall be construed to limit the lawful seizure of any evidence or contraband.
(c) Nothing in this section shall be construed to limit or abridge the authority of a law enforcement officer to detain or place into custody a person as part of a criminal investigation, or to arrest a person for an offense not protected by the provisions of paragraphs II or III.
V. No later than January 1, 2016, the commissioner of the department of health and human services shall develop and make available on the department's public Internet website, information for the public explaining the meaning and applicability of the provisions of this section.

Source. 2015, 218:2, eff. Sept. 6, 2015. 2021, 85:1, eff. Aug. 17, 2021.

Section 318-B:29

    318-B:29 Effect of Acquittal or Conviction Under the Comprehensive Drug Abuse Prevention and Control Act of 1970. – No person shall be prosecuted for a violation of any provision of this chapter if such person has been acquitted or convicted under the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended, or under the federal food and drug laws of the same act or omission which it is alleged constitutes a violation of this chapter.

Source. 1969, 421:1. 1977, 547:22. 1983, 292:20, eff. Aug. 17, 1983.

Section 318-B:30

    318-B:30 Severability. – If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

Source. 1969, 421:1, eff. Aug. 31, 1969.

Controlled Drug Prescription Health and Safety Program

Section 318-B:31 to 318-B:38

    318-B:31 to 318-B:38 Repealed by 2021, 91:46, eff. July 1, 2021. –

Section 318-B:39

    318-B:39 Repealed by 2016, 213:9, eff. Jan. 1, 2017. –

Section 318-B:40

    318-B:40 Competency Requirements. [Omitted.] –

Section 318-B:41

    318-B:41 Rulemaking for Prescribing Controlled Drugs. –
I. (a) Before September 1, 2016, the following boards shall submit to the joint legislative committee on administrative rules final proposed rules for prescribing schedule II, III, and IV opioids, for the management or treatment of pain:
(1) The board of medicine, concerning physicians and physician assistants.
(2) The board of dental examiners, concerning dentists.
(3) The board of nursing, concerning advanced practice registered nurses.
(4) The board of registration in optometry, concerning optometrists.
(5) The board of registration in podiatry, concerning podiatrists.
(6) The naturopathic board of examiners, concerning naturopaths.
(b) The rules required under paragraph I shall, at a minimum, contain mandatory standards for the practice components established in paragraph II.
II. The rules shall, at a minimum, contain mandatory standards for the following practice components:
(a) Standards for the use of opioids for the management or treatment of all pain:
(1) Conducting and documenting a detailed history and a physical exam in response to a complaint of pain or anticipated pain.
(2) Completing a board-approved risk assessment tool to determine whether a patient is an appropriate candidate for a schedule II, III, or IV opioid.
(3) Establishing and documenting an appropriate pain treatment plan that includes consideration of nonpharmacological modalities and non-opioid therapy.
(4)(A) Querying the program database when writing an initial schedule II, III, or IV opioid prescription for the management or treatment of a patient's pain or substance use disorder and then periodically, at least twice a year. Such rules shall include exceptions for:
(i) Controlled substances administered to a patient in a health care setting;
(ii) The program is inaccessible or not functioning properly, due to an internal or external electronic issue; or
(iii) An emergency department is experiencing a higher than normal patient volume, and to query the program database would materially delay care.
(B) When a situation falling under exception (A)(ii) or (iii) is applicable, such exception shall be documented in the patient's medical record.
(5) Establishing procedures for informed consent outlining the risks and benefits of opioid use.
(6) Requiring the lowest effective dosage for the fewest number of days with specific dose limits be prescribed for a medical condition or specialty.
(7) Providing for the enforcement of the prescribing rules by specifying that noncompliance with the rules may constitute unprofessional conduct under the board's practice act.
(b) Standards for the use of opioids for the management or treatment of acute pain:
(1) Limiting the amount of days for an opioid prescription issued in an emergency department, urgent care setting, or walk-in clinic. This specific duration limit shall be set by each board no later than August 1, 2016 taking into consideration the recommendation from a majority vote of a policy group consisting of the chief medical officer of the department of health and human services, a physician designated by the New Hampshire chapter of the American College of Emergency Physicians, a physician designated by the New Hampshire Hospital Association, an advanced practice registered nurse designated by the New Hampshire Nurse Practitioner Association, a physician or advanced practice registered nurse designated by the governor, a board certified surgeon designated by the New Hampshire Medical Society, and an oral surgeon designated by the New Hampshire Dental Society. Five members of the policy group shall constitute a quorum. All policy group meetings shall be open to the public and noticed in the house and senate calendars.
(2) In settings where continuity of care is anticipated, each board shall establish finite limits considering dose and duration of opioid prescriptions for treatment of acute pain and appropriate timing of office follow up for persistent, unresolved acute pain.
(c) Standards for the use of opioids for the management or treatment of chronic pain:
(1) Mandatory use of written treatment agreements, such as the agreement developed by the American Academy of Pain Medicine. Treatment agreements shall include conduct that triggers the discontinuation or tapering of opioid prescriptions.
(2) Establishing a requirement for periodic review conducted at reasonable intervals to reevaluate treatment plans and use of opioids.
(3) Establishing a procedure for, and documenting consideration of, consultation with, or referral to a specialist for patients receiving a high morphine equivalent dose for longer than 90 days.
(4) Creating exemptions to the prescribing rules for situations in which an opioid is being prescribed for the management of chronic pain for:
(A) Patients with cancer pain;
(B) Patients with a terminal condition;
(C) Long-term, nonrehabilitative, residents of a nursing home facility.
(d) In addition to the provisions of subparagraph (c), standards for the use of opioids for the management or treatment of chronic pain, which shall include the following:
(1) All decisions regarding the treatment of patients experiencing chronic pain shall be made by the treating practitioner even when the treatment is determined to require the prescribing of opioid analgesics. Treating practitioners shall administer care sufficient to treat a patient's chronic pain based on ongoing, objective evaluations of the patient without fear of reprimand or discipline.
(2) Ordering, prescribing, dispensing, administering, or paying for controlled substances, including opioid analgesics, shall not in any way be pre-determined by specific Morphine Milligram Equivalent (MME) guidelines.
(3) Ongoing treatment of those patients who experience chronic pain can be determined, managed, and administered by:
(A) A pain management practitioner who specializes in the treatment of chronic pain; or
(B) A practitioner who specializes in the illness or injury from which the patient suffers; or
(C) The patient's primary care practitioner who shall document the consideration of a consultation with a practitioner who specializes in the treatment of the patient's specific illness or injury or a pain management practitioner.
(4) For the patient who experiences chronic illness or injury and resulting chronic pain, documentation of the health issue must be provided and held in the patient's file.
(5) When treating a patient who experiences chronic illness or injury and resulting chronic pain, the prescribing of opioid analgesics shall be done in a measured and monitored manner and administered in the lowest amount necessary to control pain.
(6) Once an opioid analgesic is prescribed to treat chronic illness or injury and resulting chronic pain, the prescription shall be monitored closely by the prescriber and titrated as ongoing, objective evaluations of said patient's injury or illness requires for ongoing, successful treatment.
(7) For those patients who experience chronic illness or injury and resulting chronic pain who are on a managed and monitored regimen of opioid analgesic treatment and have increased functionality and quality of life as a result of said treatment, treatment shall be continued if there remains no indication of misuse or diversion.
(8) Proper documentation from the practitioner related to the filling of a prescription under this subparagraph shall be provided to the pharmacist upon the initial filling of the prescription, or upon request of the pharmacist.
(9) The rules necessary to effectuate the provisions of this subparagraph governing pain management associated with chronic pain shall:
(A) Take into consideration the individualized needs of patients covered by this subparagraph;
(B) Make provisions for practitioners, acting in good faith, and in the course of their profession, and managing chronic pain associated with their patients' illness to use their best judgment notwithstanding any statute or rule to the contrary; and
(C) Ensure that patients covered by this section are treated with dignity and not unduly denied the medications needed to treat their conditions.
III. [Repealed.]
IV. [Repealed.]
V. At a minimum, each board's Internet website shall include online links to board approved:
(a) Continuing education on the prescribing of opioids.
(b) Screening tools.
(c) Treatment agreements.
(d) Risks and benefits of opioid use.
(e) Proper storage of opioids.
(f) Proper disposal of unused opioids.

Source. 2016, 213:1, eff. June 7, 2016 except for RSA 318-B:41, pars. II(a)(4) and IV(a)(4) eff. Jan. 1, 2017. 2017, 128:4, eff. Aug. 15, 2017. 2019, 28:1, eff. July 14, 2019. 2020, 39:19, eff. July 29, 2020.

Section 318-B:42

    318-B:42 Repealed by 2016, 309:3, eff. Nov. 1, 2016. –

Syringe Service Programs

Section 318-B:43

    318-B:43 Syringe Service Programs Authorized. –
I. (a) The following entities, if self-funded, may operate a syringe service program in New Hampshire to prevent the transmission of disease and reduce morbidity and mortality among individuals who inject drugs, and those individuals' contacts:
(1) Federally qualified health centers.
(2) Community health centers.
(3) Public health networks.
(4) AIDS service organizations.
(5) Substance misuse support or treatment organizations.
(6) Community based organizations.
(b) The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, further defining the entities in subparagraph (a).
II. Any entity operating a syringe service program in New Hampshire shall:
(a) Provide referral and linkage to HIV, viral hepatitis, and substance use disorder prevention, care, and treatment services, as appropriate.
(b) Coordinate and collaborate with other local agencies, organizations, and providers involved in comprehensive prevention programs for people who inject drugs to minimize duplication of effort.
(c) Attempt to be a part of a comprehensive service program that may include, as appropriate:
(1) Providing sterile needles, syringes, and other drug preparation equipment and disposal services.
(2) Educating and counseling to reduce sexual, injection, and overdose risks.
(3) Providing condoms to reduce risk of sexual transmission of viral hepatitis, HIV, or other STDs.
(4) Screening for HIV, viral hepatitis, STDs, and tuberculosis.
(5) Providing naloxone to reverse opioid overdoses.
(6) Providing referral and linkage to HIV, viral hepatitis, STD and tuberculosis prevention, treatment, and care services, including antiretroviral therapy for hepatitis C virus (HCV) and HIV, pre-exposure prophylaxis (PrEP), post-exposure prophylaxis (PEP), prevention of mother-to-child transmission, and partner services.
(7) Providing referral and linkage to hepatitis A virus (HAV) and hepatitis B virus (HBV) vaccination.
(8) Providing referral and linkage to and provision of substance use disorder treatment including medication assisted treatment for opioid use disorder which combines drug therapy such as methadone, buprenorphine, or naltrexone with counseling and behavioral therapy.
(9) Providing referral to medical care, mental health services, and other support services.
(d) Post its address, phone number, program contact information, if appropriate, hours of operation, and services offered on its Internet website.
(e) Register with the department of health and human services and confirm registration annually on or before November 1 of each subsequent year; provided however, the registration process shall be limited to notification to the department for data collection purposes only.
(f) Report quarterly to the department, which report shall include the following information regarding the program's activities:
(1) Number of needles/syringes distributed.
(2) Number of needles/syringes taken back.
(3) Number of HIV tests performed or delivered by the program.
(4) Number of HCV tests performed/delivered by program.
(5) Delivery of substance misuse treatment/care.
(6) Delivery of HIV care.
(7) Delivery of HCV care.
(8) Number of referrals to substance misuse treatment/services.
(9) Number of referrals to HIV testing.
(10) Number of referrals to HCV testing.
(11) Number of referrals to HIV care.
(12) Number of referrals to HCV care.
III. Nothing in this section shall be construed to prohibit the department of health and human services from administering and/or disbursing federal or other funds to syringe service programs authorized under this section. The use of state general funds shall be prohibited unless otherwise appropriated by the general court or if deemed necessary to control a disease outbreak pursuant to RSA 141-C:3.

Source. 2017, 117:7, eff. June 16, 2017. 2019, 154:1, eff. July 1, 2019.

Section 318-B:44

    318-B:44 Syringe Service Programs; Affirmative Defense. – It is an affirmative defense, as provided in RSA 626:7, to prosecution for possession of a hypodermic syringe or needle that the item was obtained through participation in a syringe service program. Nothing in this section shall be construed as an affirmative defense for any offense other than as set forth under RSA 318-B:26, II(f).

Source. 2017, 117:7, eff. June 16, 2017.

Section 318-B:45

    318-B:45 Syringe Service Programs in Drug-Free School Zones Prohibited. – No syringe service program shall be located within a drug-free school zone as defined in RSA 193-B:1, II. Exceptions to this prohibition may be granted by the applicable district school board when a request is initiated by a syringe service program administrator.

Source. 2017, 117:7, eff. June 16, 2017. 2018, 254:2, eff. Aug. 11, 2018.

Commission to Study the Legalization, Regulation, and Taxation of Marijuana

Section 318-B:46

    318-B:46 Repealed by 2017, 235:2, eff. Nov. 2, 2018. –

Ephedrine and Pseudoephedrine

Section 318-B:47

    318-B:47 Definitions. –
In this subdivision:
I. "Distributor" means a person, other than a manufacturer or wholesaler, that sells, delivers, transfers, or in any manner furnishes a drug product to any person that is not the ultimate user or consumer of the product.
II. "Knowingly" means having actual knowledge of the relevant facts.
III. "Manufacturer" means a person that produces, compounds, packages, or in any manner initially prepares a drug product for sale or use.
IV. "Wholesaler" means a person, other than a manufacturer, that sells, transfers, or in any manner furnishes a drug product to any other person for the purpose of being resold.

Source. 2018, 124:1, eff. Jan. 1, 2019.

Section 318-B:48

    318-B:48 Possession of Ephedrine and Pseudoephedrine; Sale. –
I. No person shall knowingly and unlawfully possess a drug product containing ephedrine, pseudoephedrine, or phenylpropanolamine with the intent to use the product as a precursor to manufacture methamphetamine or another controlled substance.
II. A drug product containing ephedrine, pseudoephedrine, or phenylpropanolamine shall not be distributed at retail to the general public unless it is maintained in a locked display case or behind the counter out of the public's reach.
III. (a) A retail establishment shall not knowingly complete a sale to a person if the drug product or combination of drug products purchased would surpass a total of more than 3.6 grams within a 24-hour period or 9 grams within a 30-day period of ephedrine base, pseudoephedrine base, or phenylpropanolamine base or their isomers. The "base" form means the fraction of ephedrine, pseudoephedrine, or phenylpropanolamine present within a formulation containing a salt form of those respective drugs.
(b) This section shall not apply to drug products dispensed pursuant to a valid prescription.

Source. 2018, 124:1, eff. Jan. 1, 2019.

Section 318-B:49

    318-B:49 Electronic Registry System. –
I. (a) Retail establishments shall use an electronic registry system to record the sale of products made pursuant to RSA 318-B:48. The electronic registry system shall have the capacity to block a sale of nonprescription drug products containing ephedrine, pseudoephedrine, or phenylpropanolamine that would result in a purchaser exceeding the lawful daily or monthly amount. The system shall contain an override function that may be used by an agent of a retail establishment who is dispensing the drug product and who has a reasonable fear of imminent bodily harm to his or her person or to another person if the transaction is not completed. The system shall create a record of each use of the override mechanism.
(b) The electronic registry system shall be available free of charge to the state of New Hampshire, retail establishments, and local law enforcement agencies.
(c) The electronic registry system shall operate in real time to enable communication among in-state users and users of similar systems in neighboring states.
(d) The state shall use the National Precursor Log Exchange (NPLEx) online portal or its equivalent to host New Hampshire's electronic registry system.
II. (a) Prior to completing a sale under RSA 318-B:48, a retail establishment shall require the person purchasing the drug product to present a current, valid government-issued identification document. The retail establishment shall record in the electronic registry system:
(1) The name and address of the purchaser;
(2) The name of the drug product and quantity of ephedrine, pseudoephedrine, and phenylpropanolamine sold in grams;
(3) The date and time of purchase;
(4) The form of identification presented, the issuing government entity, and the corresponding identification number; and
(5) The name of the person selling or furnishing the drug product.
(b)(1) If the retail establishment experiences an electronic or mechanical failure of the electronic registry system and is unable to comply with the electronic recording requirement, the retail establishment shall maintain a written log or an alternative electronic recordkeeping mechanism until the retail establishment is able to comply fully with this subdivision.
(2) If the region of the state where the retail establishment is located does not have broadband Internet access, the retail establishment shall maintain a written log or an alternative electronic recordkeeping mechanism until broadband Internet access becomes accessible in that region. At that time, the retail establishment shall come into compliance with this subdivision.
(c) A retail establishment shall maintain all records of drug product purchases made pursuant to this subdivision for a minimum of 2 years.
III. A retail establishment shall display a sign at the register provided by NPLEx or its equivalent to notify purchasers of drug products containing ephedrine, pseudoephedrine, or phenylpropanolamine that:
(a) The purchase of the drug product or products shall result in the purchaser's identity being listed on a national database; and
(b) The purchaser has the right to request the transaction number for any purchase that was denied pursuant to this subdivision.

Source. 2018, 124:1, eff. Jan. 1, 2019.

Section 318-B:50

    318-B:50 Penalty; Exemption. –
I. Any person who violates this subdivision shall be guilty of a class A misdemeanor.
II. This subdivision shall not apply to a manufacturer that has obtained an exemption from the Attorney General of the United States under section 711(d) of the federal Combat Methamphetamine Epidemic Act of 2005.

Source. 2018, 124:1, eff. Jan. 1, 2019.