New Hampshire Revised Statutes 126-X:8 – Alternative Treatment Centers; Requirements
Current as of: 2023 | Check for updates
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I. An alternative treatment center shall be operated on a not-for-profit basis for the benefit of its patients. An alternative treatment center need not be recognized as a tax-exempt organization by the Internal Revenue Service.
I-a. If the property of an alternative treatment center is exempt from taxation under N.H. Rev. Stat. § 72:23, the alternative treatment center shall make payments in lieu of property taxes to the municipality in which it is located in the amount that the buildings and land would have been subject to property taxes if they had been owned by a non-exempt owner. Such payments shall be made at the times and in the manner prescribed for ad valorem property taxes.
For details, see N.H. Rev. Stat. 651:2
II. An alternative treatment center shall not be located in a residential district or within pre-existing designated drug free school zones.
III. An alternative treatment center shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing cannabis and the theft of cannabis and shall ensure that each location has an operational security alarm system.
IV. (a) A state and federal criminal records check shall be required for every person seeking to become a principal officer, board member, agent, volunteer, or employee of an alternative treatment center before the person begins working at the alternative treatment center pursuant to N.H. Rev. Stat. § 126-X:8, IV-a. An alternative treatment center shall not allow any person to be an alternative treatment center agent who:
(1) Was convicted of a felony or felony drug-related offense; or
(2) Is under 21 years of age.
(b) An alternative treatment center shall create an identification badge for each alternative treatment center agent before the alternative treatment center agent possesses, cultivates, or transports cannabis on behalf of the alternative treatment center. The badges may include the alternative treatment center’s registration certificate number and either a unique number for each agent or his or her name.
(c) An alternative treatment center agent shall wear his or her badge at all times when working at an alternative treatment center, including at any cultivation location.
IV-a. (a) A person applying to be an alternative treatment center agent shall submit directly to the department of safety a criminal history records release form, as provided by the New Hampshire division of state police, authorizing the release of any felony convictions to the department. The applicant shall submit with the release form a complete set of electronic fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid for whatever reason, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances showing no felony convictions from every city, town, or county where the person has lived during the past 5 years. The division of state police shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall report to the department whether or not there are any felony convictions. The department shall maintain the confidentiality of criminal history record information received pursuant to this section. The applicant shall bear the cost of a criminal history records check.
(b) Notwithstanding subparagraph IV(a), an alternative treatment center may make a conditional offer of employment and allow a person to begin working at or for the alternative treatment center while the results of the state and federal criminal history records check are pending, provided that:
(1) Prior to beginning employment, the person completes a statement stating that the person does not have any felony convictions in this or any other state, and such statement shall be subject to the penalties set forth in N.H. Rev. Stat. § 641:3 for unsworn falsification, which shall be noted on the form issued by the department; and
(2) The conditional employment granted shall be revoked immediately if the criminal history records check results show any felony convictions in this or any other state.
V. No person who has been convicted of a felony or felony drug-related offense shall be an alternative treatment center agent. A person who is employed by or is an agent, volunteer, principal officer, or board member of an alternative treatment center who violates this paragraph shall be guilty of a violation punishable by a fine of up to $1,000. A subsequent violation of this paragraph shall be a misdemeanor.
VI. The operating documents of an alternative treatment center shall include procedures for the oversight of the alternative treatment center and procedures to ensure accurate recordkeeping.
VII. Each alternative treatment center shall keep the following records, in accordance with a records retention schedule established by the department:
(a) Records of the disposal of cannabis that is not distributed by the alternative treatment center to qualifying patients.
(b) A record of each transaction, including the amount of cannabis dispensed, the amount of consideration, and the registry identification number of the qualifying patient, designated caregiver, or alternative treatment center, and the qualifying patient’s provider.
VIII. Each alternative treatment center shall:
(a) Conduct an initial comprehensive inventory of all cannabis, including usable cannabis available for dispensing and mature cannabis plants at each authorized location on the date the alternative treatment center first dispenses cannabis.
(b) Conduct a monthly comprehensive inventory of all cannabis, including usable cannabis available for dispensing, mature cannabis plants, and seedlings at each authorized location.
IX. An alternative treatment center shall submit a department-approved incident report form on the next business day after it discovers a reportable incident. The report shall indicate the nature of the breach and the corrective actions taken by the alternative treatment center. Reportable incident shall mean:
(a) Confidential information accessed or disclosed in violation of department rules;
(b) Loss of inventory by theft or diversion;
(c) Unauthorized intrusion into the alternative treatment center or the additional location, if any;
(d) Any known violation of this chapter or department rules by an alternative treatment center agent; or
(e) Any other incident that the department by rule requires to be reported.
X. Alternative treatment centers shall only use organic pesticides in cannabis.
XI. No cannabis or paraphernalia at an alternative treatment center shall be visible from outside the property of the alternative treatment center.
XII. An alternative treatment center shall submit an annual report to the department that shall provide information required by the department in order to allow the department to evaluate the effectiveness and operations of the alternative treatment center.
XIII. (a) Each time an alternative treatment center agent dispenses cannabis to a qualifying patient directly or through the qualifying patient’s designated caregiver, he or she shall consult the alternative treatment center’s records to verify that the records do not indicate that the dispensing of the cannabis would cause the qualifying patient to receive more cannabis than is permitted in a 10-day period. Each time cannabis is dispensed, the alternative treatment center agent shall record the date the cannabis was dispensed and the amount dispensed. All records shall be kept according to the registry identification number of the qualifying patient and designated caregiver, if any.
(b) Except as provided in subparagraph (c), a qualifying patient shall not obtain more than 2 ounces of usable cannabis directly or through the qualifying patient’s designated caregiver during a 10-day period.
(c) After providing an opportunity for patients, experts, researchers, and physicians to be heard, the department may issue a rule adjusting the limit specified in subparagraph (a) to an amount that is reasonably necessary for a 10-day supply.
XIV. (a) Except when transporting cannabis in accordance with subparagraphs (b) or (c), an alternative treatment center agent shall only possess and manufacture cannabis at an alternative treatment center location at which alternative treatment center agents are employed. Volunteers shall only possess and manufacture cannabis at an alternative treatment center location. Volunteers shall not dispense cannabis.
(b) Distributions of cannabis to a qualifying patient or a designated caregiver for use by a qualifying patient shall be labeled with a document to identify the alternative treatment center, the patient’s registry number, or the caregiver’s number, the amount and form, the time and date of origin, and destination of the product.
(c) An alternative treatment center with an additional growing location shall label the cannabis that is being moved between the additional growing location and the alternative treatment center with a document that identifies the alternative treatment center by registry number, the time, date, origin, and destination of the material being transported, and the amount and form of cannabis and cannabis material that is being transported. Cannabis shall be transported only by an alternative treatment center agent who is not a volunteer.
XV. (a) An alternative treatment center shall not possess or cultivate cannabis in excess of the following quantities:
(1) Eighty cannabis plants, 160 seedlings, and 80 ounces of usable cannabis, or 6 ounces of usable cannabis per qualifying patient; and
(2) Three mature cannabis plants, 12 seedlings, and 6 ounces for each qualifying patient registered as a qualifying patient under this chapter.
(b) An alternative treatment center or alternative treatment center agent shall not dispense, deliver, or otherwise transfer cannabis to any person or entity other than:
(1) A qualifying patient; or
(2) Such patient’s designated caregiver; or
(3) Another alternative treatment center; or
(4) A visiting qualifying patient.
(c) All cultivation of cannabis shall take place in an enclosed, locked facility registered with the department and which can only be accessed by alternative treatment center agents.
XVI. (a) All cannabis dispensed by an alternative treatment center shall include a label specifying the commercial strain name of the cannabis, the weight of the cannabis, and any other information the department requires to appear on the label. The label shall also specify that the cannabis is for therapeutic use and that diversion is a class B felony requiring revocation of one’s registry identification card. An alternative treatment center may list the commercial strain names of the cannabis available to be dispensed on its public Internet website.
(b) Alternative treatment centers shall collect data on strains used and methods of delivery for qualifying conditions and symptoms, any side effects experienced, and therapeutic effectiveness for each patient who is willing to provide the information. Such data collection shall be done under the qualifying patient’s registry identification number to protect the patient’s confidentiality.
(c) An alternative treatment center shall provide educational materials about cannabis to qualifying patients and their registered primary caregivers. Each alternative treatment center shall have an adequate supply of up-to-date educational material available for distribution. Educational materials shall be available for inspection by the department upon request. The educational material shall at least include information about the following:
(1) Strains of cannabis, routes of administration, and their different effects. Alternative treatment centers shall have educational materials available to assist in the selection of prepared cannabis. Alternative treatment centers shall provide tracking sheets to qualifying patients and their providers who request them to keep track of the strains used and their effects.
(2) How to achieve proper dosage for different modes of administration. Emphasis shall be on using the smallest amount possible to achieve the desired effect. The impact of potency shall also be explained.
(3) Information on tolerance, dependence, and withdrawal shall be provided.
(4) Information regarding substance abuse signs and symptoms shall be available, as well as referral information.
(5) Information on whether the alternative treatment center’s cannabis and associated products meet organic certification standards.
(6) Information about possible side effects from the use of cannabis for therapeutic purposes.
(7) Information about the risks of cannabis use during pregnancy and while breastfeeding, as outlined by the therapeutic cannabis medical oversight board. Such information shall include the posting of an informational poster regarding the risks of cannabis use during pregnancy and while breastfeeding in a conspicuous location at the alternative treatment center’s dispensary location.
(8) Information regarding safe storage and disposal of cannabis and paraphernalia to prevent accidental poisonings, including the contact information for the Northern New England Poison Control Center.
(9) Information about the risks of cannabis use in adolescence as outlined by the therapeutic cannabis medical oversight board. Such information shall include the posting of an informational poster on the risks of cannabis use in adolescence in a conspicuous location at the alternative treatment center’s dispensary location.
XVII. (a) Each alternative treatment center shall develop, implement, and maintain on the premises employee and agent policies and procedures to address the following requirements:
(1) A job description or employment contract developed for all employees and a volunteer agreement for all volunteers, which includes duties, authority, responsibilities, qualifications, and supervision.
(2) Training in and adherence to confidentiality laws.
(3) The proper use of security measures and controls that have been adopted.
(4) Specific procedural instructions on how to respond to an emergency.
(b) All alternative treatment centers shall prepare training documentation for each employee and have employees sign a statement indicating the date, time, and place the employee received said training and topics discussed, to include name and title of presenters. The alternative treatment center shall maintain documentation of an employee’s and a volunteer’s training for a period of at least 6 months after termination of an employee’s period of employment or the volunteer’s period of voluntary service.
(c) Each alternative treatment center shall maintain a personnel record for each alternative treatment center agent that includes an application for employment or to volunteer and a record of any disciplinary action taken.
XVIII. A provider shall not:
(a) Accept, solicit, or offer any form of pecuniary remuneration from or to an alternative treatment center, except if the provider is employed by an alternative treatment center.
(b) Offer a discount or other thing of value to a patient who uses or agrees to use a particular alternative treatment center.
(c) Examine a patient in relation to issuing a written certification at a location where cannabis is sold or distributed.
(d) Hold an economic interest in an alternative treatment center if the provider issues written certifications to patients.
I-a. If the property of an alternative treatment center is exempt from taxation under N.H. Rev. Stat. § 72:23, the alternative treatment center shall make payments in lieu of property taxes to the municipality in which it is located in the amount that the buildings and land would have been subject to property taxes if they had been owned by a non-exempt owner. Such payments shall be made at the times and in the manner prescribed for ad valorem property taxes.
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 7 years | up to $4,000 |
Terms Used In New Hampshire Revised Statutes 126-X:8
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Oversight: Committee review of the activities of a Federal agency or program.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. An alternative treatment center shall not be located in a residential district or within pre-existing designated drug free school zones.
III. An alternative treatment center shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing cannabis and the theft of cannabis and shall ensure that each location has an operational security alarm system.
IV. (a) A state and federal criminal records check shall be required for every person seeking to become a principal officer, board member, agent, volunteer, or employee of an alternative treatment center before the person begins working at the alternative treatment center pursuant to N.H. Rev. Stat. § 126-X:8, IV-a. An alternative treatment center shall not allow any person to be an alternative treatment center agent who:
(1) Was convicted of a felony or felony drug-related offense; or
(2) Is under 21 years of age.
(b) An alternative treatment center shall create an identification badge for each alternative treatment center agent before the alternative treatment center agent possesses, cultivates, or transports cannabis on behalf of the alternative treatment center. The badges may include the alternative treatment center’s registration certificate number and either a unique number for each agent or his or her name.
(c) An alternative treatment center agent shall wear his or her badge at all times when working at an alternative treatment center, including at any cultivation location.
IV-a. (a) A person applying to be an alternative treatment center agent shall submit directly to the department of safety a criminal history records release form, as provided by the New Hampshire division of state police, authorizing the release of any felony convictions to the department. The applicant shall submit with the release form a complete set of electronic fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid for whatever reason, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances showing no felony convictions from every city, town, or county where the person has lived during the past 5 years. The division of state police shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall report to the department whether or not there are any felony convictions. The department shall maintain the confidentiality of criminal history record information received pursuant to this section. The applicant shall bear the cost of a criminal history records check.
(b) Notwithstanding subparagraph IV(a), an alternative treatment center may make a conditional offer of employment and allow a person to begin working at or for the alternative treatment center while the results of the state and federal criminal history records check are pending, provided that:
(1) Prior to beginning employment, the person completes a statement stating that the person does not have any felony convictions in this or any other state, and such statement shall be subject to the penalties set forth in N.H. Rev. Stat. § 641:3 for unsworn falsification, which shall be noted on the form issued by the department; and
(2) The conditional employment granted shall be revoked immediately if the criminal history records check results show any felony convictions in this or any other state.
V. No person who has been convicted of a felony or felony drug-related offense shall be an alternative treatment center agent. A person who is employed by or is an agent, volunteer, principal officer, or board member of an alternative treatment center who violates this paragraph shall be guilty of a violation punishable by a fine of up to $1,000. A subsequent violation of this paragraph shall be a misdemeanor.
VI. The operating documents of an alternative treatment center shall include procedures for the oversight of the alternative treatment center and procedures to ensure accurate recordkeeping.
VII. Each alternative treatment center shall keep the following records, in accordance with a records retention schedule established by the department:
(a) Records of the disposal of cannabis that is not distributed by the alternative treatment center to qualifying patients.
(b) A record of each transaction, including the amount of cannabis dispensed, the amount of consideration, and the registry identification number of the qualifying patient, designated caregiver, or alternative treatment center, and the qualifying patient’s provider.
VIII. Each alternative treatment center shall:
(a) Conduct an initial comprehensive inventory of all cannabis, including usable cannabis available for dispensing and mature cannabis plants at each authorized location on the date the alternative treatment center first dispenses cannabis.
(b) Conduct a monthly comprehensive inventory of all cannabis, including usable cannabis available for dispensing, mature cannabis plants, and seedlings at each authorized location.
IX. An alternative treatment center shall submit a department-approved incident report form on the next business day after it discovers a reportable incident. The report shall indicate the nature of the breach and the corrective actions taken by the alternative treatment center. Reportable incident shall mean:
(a) Confidential information accessed or disclosed in violation of department rules;
(b) Loss of inventory by theft or diversion;
(c) Unauthorized intrusion into the alternative treatment center or the additional location, if any;
(d) Any known violation of this chapter or department rules by an alternative treatment center agent; or
(e) Any other incident that the department by rule requires to be reported.
X. Alternative treatment centers shall only use organic pesticides in cannabis.
XI. No cannabis or paraphernalia at an alternative treatment center shall be visible from outside the property of the alternative treatment center.
XII. An alternative treatment center shall submit an annual report to the department that shall provide information required by the department in order to allow the department to evaluate the effectiveness and operations of the alternative treatment center.
XIII. (a) Each time an alternative treatment center agent dispenses cannabis to a qualifying patient directly or through the qualifying patient’s designated caregiver, he or she shall consult the alternative treatment center’s records to verify that the records do not indicate that the dispensing of the cannabis would cause the qualifying patient to receive more cannabis than is permitted in a 10-day period. Each time cannabis is dispensed, the alternative treatment center agent shall record the date the cannabis was dispensed and the amount dispensed. All records shall be kept according to the registry identification number of the qualifying patient and designated caregiver, if any.
(b) Except as provided in subparagraph (c), a qualifying patient shall not obtain more than 2 ounces of usable cannabis directly or through the qualifying patient’s designated caregiver during a 10-day period.
(c) After providing an opportunity for patients, experts, researchers, and physicians to be heard, the department may issue a rule adjusting the limit specified in subparagraph (a) to an amount that is reasonably necessary for a 10-day supply.
XIV. (a) Except when transporting cannabis in accordance with subparagraphs (b) or (c), an alternative treatment center agent shall only possess and manufacture cannabis at an alternative treatment center location at which alternative treatment center agents are employed. Volunteers shall only possess and manufacture cannabis at an alternative treatment center location. Volunteers shall not dispense cannabis.
(b) Distributions of cannabis to a qualifying patient or a designated caregiver for use by a qualifying patient shall be labeled with a document to identify the alternative treatment center, the patient’s registry number, or the caregiver’s number, the amount and form, the time and date of origin, and destination of the product.
(c) An alternative treatment center with an additional growing location shall label the cannabis that is being moved between the additional growing location and the alternative treatment center with a document that identifies the alternative treatment center by registry number, the time, date, origin, and destination of the material being transported, and the amount and form of cannabis and cannabis material that is being transported. Cannabis shall be transported only by an alternative treatment center agent who is not a volunteer.
XV. (a) An alternative treatment center shall not possess or cultivate cannabis in excess of the following quantities:
(1) Eighty cannabis plants, 160 seedlings, and 80 ounces of usable cannabis, or 6 ounces of usable cannabis per qualifying patient; and
(2) Three mature cannabis plants, 12 seedlings, and 6 ounces for each qualifying patient registered as a qualifying patient under this chapter.
(b) An alternative treatment center or alternative treatment center agent shall not dispense, deliver, or otherwise transfer cannabis to any person or entity other than:
(1) A qualifying patient; or
(2) Such patient’s designated caregiver; or
(3) Another alternative treatment center; or
(4) A visiting qualifying patient.
(c) All cultivation of cannabis shall take place in an enclosed, locked facility registered with the department and which can only be accessed by alternative treatment center agents.
XVI. (a) All cannabis dispensed by an alternative treatment center shall include a label specifying the commercial strain name of the cannabis, the weight of the cannabis, and any other information the department requires to appear on the label. The label shall also specify that the cannabis is for therapeutic use and that diversion is a class B felony requiring revocation of one’s registry identification card. An alternative treatment center may list the commercial strain names of the cannabis available to be dispensed on its public Internet website.
(b) Alternative treatment centers shall collect data on strains used and methods of delivery for qualifying conditions and symptoms, any side effects experienced, and therapeutic effectiveness for each patient who is willing to provide the information. Such data collection shall be done under the qualifying patient’s registry identification number to protect the patient’s confidentiality.
(c) An alternative treatment center shall provide educational materials about cannabis to qualifying patients and their registered primary caregivers. Each alternative treatment center shall have an adequate supply of up-to-date educational material available for distribution. Educational materials shall be available for inspection by the department upon request. The educational material shall at least include information about the following:
(1) Strains of cannabis, routes of administration, and their different effects. Alternative treatment centers shall have educational materials available to assist in the selection of prepared cannabis. Alternative treatment centers shall provide tracking sheets to qualifying patients and their providers who request them to keep track of the strains used and their effects.
(2) How to achieve proper dosage for different modes of administration. Emphasis shall be on using the smallest amount possible to achieve the desired effect. The impact of potency shall also be explained.
(3) Information on tolerance, dependence, and withdrawal shall be provided.
(4) Information regarding substance abuse signs and symptoms shall be available, as well as referral information.
(5) Information on whether the alternative treatment center’s cannabis and associated products meet organic certification standards.
(6) Information about possible side effects from the use of cannabis for therapeutic purposes.
(7) Information about the risks of cannabis use during pregnancy and while breastfeeding, as outlined by the therapeutic cannabis medical oversight board. Such information shall include the posting of an informational poster regarding the risks of cannabis use during pregnancy and while breastfeeding in a conspicuous location at the alternative treatment center’s dispensary location.
(8) Information regarding safe storage and disposal of cannabis and paraphernalia to prevent accidental poisonings, including the contact information for the Northern New England Poison Control Center.
(9) Information about the risks of cannabis use in adolescence as outlined by the therapeutic cannabis medical oversight board. Such information shall include the posting of an informational poster on the risks of cannabis use in adolescence in a conspicuous location at the alternative treatment center’s dispensary location.
XVII. (a) Each alternative treatment center shall develop, implement, and maintain on the premises employee and agent policies and procedures to address the following requirements:
(1) A job description or employment contract developed for all employees and a volunteer agreement for all volunteers, which includes duties, authority, responsibilities, qualifications, and supervision.
(2) Training in and adherence to confidentiality laws.
(3) The proper use of security measures and controls that have been adopted.
(4) Specific procedural instructions on how to respond to an emergency.
(b) All alternative treatment centers shall prepare training documentation for each employee and have employees sign a statement indicating the date, time, and place the employee received said training and topics discussed, to include name and title of presenters. The alternative treatment center shall maintain documentation of an employee’s and a volunteer’s training for a period of at least 6 months after termination of an employee’s period of employment or the volunteer’s period of voluntary service.
(c) Each alternative treatment center shall maintain a personnel record for each alternative treatment center agent that includes an application for employment or to volunteer and a record of any disciplinary action taken.
XVIII. A provider shall not:
(a) Accept, solicit, or offer any form of pecuniary remuneration from or to an alternative treatment center, except if the provider is employed by an alternative treatment center.
(b) Offer a discount or other thing of value to a patient who uses or agrees to use a particular alternative treatment center.
(c) Examine a patient in relation to issuing a written certification at a location where cannabis is sold or distributed.
(d) Hold an economic interest in an alternative treatment center if the provider issues written certifications to patients.