2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-X - Use of Cannabis for Therapeutic Purposes › Section 126-X:6 - Departmental Rules.

126-X:6 Departmental Rules. –
I. Not later than one year after the effective date of this chapter, the department shall adopt rules, pursuant to RSA 541-A, governing:
(a) The form and content of applications for issuance and renewals of registry identification cards for qualifying patients and designated caregivers.
(b) The form and content of providers' written certifications, including the administrative process for tracking extensions pursuant to RSA 126-X:4, I.
(c) Procedures for considering, approving, and denying applications for issuance and renewals of registry identification cards, and for revoking registry identification cards.
(d) Fees pursuant to RSA 126-X:4, I(b) and paragraph II of this section for applications for registry identification cards, and pursuant to RSA 126-X:4, IX(f) for re-issuance of replacement registry identification cards.
(e) [Repealed.]
II. The department's rules shall establish application and renewal fees for registry identification cards in accordance with the following:
(a) The fee structure by the department for alternative treatment centers and registry identification cards shall generate revenues sufficient to offset all department expenses of implementing and administering this chapter; however,
(b) The department may accept donations from private sources without the approval of the governor and council in order to reduce the application and renewal fees for qualifying patients.
III. (a) Not later than 18 months after the effective date of this section, the department shall adopt rules, pursuant to RSA 541-A, governing alternative treatment centers and the manner in which it shall consider applications for registration certificates for alternative treatment centers, including, but not limited to:
(1) The form and content of registration and renewal applications.
(2) Administrative requirements.
(3) Security requirements, which shall include at a minimum, lighting, physical security, video security, alarm requirements, measures to prevent loitering, and on-site parking.
(4) Liability insurance.
(5) Sanitary requirements.
(6) Electrical safety requirements.
(7) The specification of acceptable forms of picture identification that an alternative treatment center may accept when verifying a sale.
(8) Personnel requirements including how many volunteers an alternative treatment center is permitted to have and requirements for supervision.
(9) Labeling standards.
(10) Procedures for suspending or terminating the registration of alternative treatment centers that violate the provisions of this chapter or the rules adopted pursuant to this chapter, a schedule of fines for such violations, and procedures for appealing any enforcement actions.
(11) Procedures for inspections and investigations.
(12) Advertising restrictions, including a prohibition of misrepresentation and unfair practices.
(13) Permissible hours of operation.
(14) The fees for the processing and review of applications for registration as an alternative treatment center and regulation of an alternative treatment center after it has been approved by the department. Such fees shall be established in an amount that covers all costs of the department for the review, registration, and regulation of alternative treatment centers.
(15) Procedures for determining and enforcing the daily maximum amount of therapeutic cannabis which an alternative treatment center may cultivate or possess pursuant to RSA 126-X:8, XV(a).
(16) Laboratory testing of cannabis cultivated and/or processed by an alternative treatment center. Such testing shall only be conducted by a laboratory licensed by the department under RSA 151.
(b) The department shall adopt rules with the goal of protecting against diversion and theft, without imposing an undue burden on the alternative treatment centers or compromising the confidentiality of qualifying patients and their designated caregivers.
IV. The department may adopt rules regarding the establishment of second dispensary locations under RSA 126-X:7, X including, but not limited to, fees, operational requirements, and geographic location.
V. The department shall adopt rules relative to the therapeutic cannabis medical oversight board's public hearing process pursuant to RSA 126-X:12, V.
VI. The department shall adopt rules, pursuant to RSA 541-A, to document that counseling has been provided by the certifying provider to all women of child-bearing age and adolescents 25 years of age or less, and the parent or guardian of a patient less than age 18, about the risks of cannabis use in adolescence, during pregnancy, and while breastfeeding, prior to issuing or reissuing a therapeutic cannabis card to such individuals.
VII. The department shall adopt rules, pursuant to RSA 541-A, regarding an alternative treatment center's verification of a visiting qualifying patient's registry identification card, or its equivalent.
Source.
2013, 242:1, eff. July 23, 2013. 2015, 143:7, eff. Aug. 11, 2015. 2018, 126:1, eff. July 29, 2018; 228:1, eff. Aug. 7, 2018. 2019, 165:2, eff. Sept. 8, 2019. 2021, 47:3, eff. July 24, 2021; 122:29, 32, IV, eff. Sept. 7, 2021; 193:6, eff. Oct. 9, 2021.