New Hampshire 2022 Regular Session

New Hampshire House Bill HB1215

Introduced
11/18/21  
Refer
11/18/21  

Caption

Relative to the definition of "residual amount" in the controlled drug act.

Impact

If enacted, this bill will potentially reduce the burden on the judicial system by lowering the penalties for small amounts of controlled substances. It may lead to fewer misdemeanors for individuals who possess residual amounts, which can historically clog the court systems. However, there remain uncertainties about the actual fiscal impact, as the bill does not provide clear data on how many cases would be affected by these changes or how this would translate into lower costs for legal representation and incarceration.

Summary

House Bill 1215 aims to amend the definition of 'residual amount' within the Controlled Drug Act in New Hampshire. The bill proposes that a residual amount of a controlled substance is defined as less than one gram and alters the penalties associated with possession of such amounts. Instead of a misdemeanor, individuals not participating in a syringe service program will face a violation for possessing residual amounts, while possessing one gram or more will still constitute a class A misdemeanor. This change reflects an effort to adjust the legal consequences tied to minimal drug quantities, especially in relation to harm reduction approaches.

Sentiment

The sentiment surrounding HB 1215 generally appears supportive among harm reduction advocates and some lawmakers who view the redefinition and reduction of penalties as progressive steps toward addressing drug issues in a more public health-oriented manner. Yet, law enforcement representatives and some community members may express concern over the implications of decriminalizing small amounts of drug possession, fearing it could be perceived as lenient toward substance misuse.

Contention

Notable points of contention include the bill's impact on public safety and the potential for increased substance use among vulnerable populations. Adjusting the legal definition of residual amounts raises questions about the effectiveness of such measures in deterring drug use and whether it adequately addresses the complex nature of substance addiction. Critics argue that such changes must be paired with comprehensive support services and addiction treatments to provide a holistic approach to drug-related issues.

Companion Bills

No companion bills found.

Previously Filed As

NH HB287

Removing fentanyl and xylazine testing equipment from the definition of drug paraphernalia in the controlled drug act.

NH HB1360

Relative to penalties for controlled drug violations.

NH HB473

Relative to penalties for controlled drug violations.

NH HB216

Exempting dimethyltryptamine from the controlled drug act.

NH HB1333

Relative to the definition of a "way" for the purposes of driving under the influence of drugs or liquor and administrative license suspensions.

NH HB1392

Relative to penalties for nonviolent drug offenses and repealing the criminal penalties for possession of drug paraphernalia.

NH HB417

Relative to the definition of child abuse.

NH HB1348

Relative to the legalization of a certain amount of cannabis.

NH HB470

Relative to fentanyl test strips and other drug checking equipment.

NH HB581

Repealing the controlled drug act and establishing a committee to study the policy and statutory changes necessary to implement the repeal.

Similar Bills

NH SB131

Relative to health care provider contract standards.

NH SB131

Relative to health care provider contract standards.

NH HB1360

Relative to penalties for controlled drug violations.

NH HB347

Relative to driving with a suspended license.

NH HB185

Relative to reimbursement rates for ambulance service providers.

NH HB1673

Relative to certain provisions of the fetal life protection act requiring an ultrasound examination.

NH SB399

Relative to certain provisions of the fetal life protection act requiring an ultrasound examination.

NH HB473

Relative to penalties for controlled drug violations.