reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:16-a - Controlled Drugs Containing Opiates; Warning Label Required.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:17 - Disposal of Controlled Drugs in Possession of Law Enforcement Officer.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:17-a - Disposal of Controlled Drugs in Possession of Practitioner.

318-B:17-a Disposal of Controlled Drugs in Possession of Practitioner. –
No person other than the pharmacy board, its officers, agents, and inspectors shall 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, 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. Notwithstanding any language in this section to the contrary, controlled drugs collected in a long-term care facility, nursing home, or assisted living facility for destruction pursuant to a pharmaceutical drug take-back program authorized by RSA 318-E, shall be disposed of in accordance with the disposal requirements for controlled drugs set forth under RSA 318-E and any applicable federal or state laws or regulations.
Source.
1977, 547:17. 1983, 292:14, eff. Aug. 17, 1983. 2017, 117:4, eff. June 16, 2017. 2023, 58:2, eff. July 31, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:17-c - Drug Forfeiture Fund.

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.
III. The attorney general shall report the receipts, expenditures, and balances and all other reporting elements of the drug forfeiture fund in the report on forfeiture activity required by RSA 617:12. The attorney general may exclude any information which would reveal the identity of an informant or compromise an ongoing investigation.
IV. The attorney general may 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. 2022, 118:1, eff. July 26, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:17-d - Repealed by 2016, 329:9, eff. Jan. 1, 2017.

318-B:17-d Repealed by 2016, 329:9, eff. Jan. 1, 2017. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:17-e - Drug Asset Forfeiture Guidelines Required.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:17-f - Repealed by 2022, 118:3, eff. July 26, 2022.

318-B:17-f Repealed by 2022, 118:3, eff. July 26, 2022. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:18 - Notice of Conviction to be Sent to Licensing Board.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:19, 318-B:20 - Repealed by 1983, 292:21, eff. Aug. 17, 1983.

318-B:19, 318-B:20 Repealed by 1983, 292:21, eff. Aug. 17, 1983. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:21 - Certain Communications Not Privileged.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:22 - Exceptions and Exemptions Not Required to be Negatived.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:23 - Enforcement and Cooperation.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:24 - Rulemaking.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:25 - Authority for Inspection.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:26-a - Chemical Analyses.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:26-b - Repealed by 2016, 212:2, eff. Nov. 1, 2016.

318-B:26-b Repealed by 2016, 212:2, eff. Nov. 1, 2016. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:27 - Prior Offenses.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:28-a - Annulments of Criminal Records.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:29 - Effect of Acquittal or Conviction Under the Comprehensive Drug Abuse Prevention and Control Act of 1970.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:30 - Severability.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:31 - to 318-B:38 Repealed by 2021, 91:46, eff. July 1, 2021.

318-B:31 to 318-B:38 Repealed by 2021, 91:46, eff. July 1, 2021. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:39 - Repealed by 2016, 213:9, eff. Jan. 1, 2017.

318-B:39 Repealed by 2016, 213:9, eff. Jan. 1, 2017. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:42 - Repealed by 2016, 309:3, eff. Nov. 1, 2016.

318-B:42 Repealed by 2016, 309:3, eff. Nov. 1, 2016. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:44 - Syringe Service Programs; Affirmative Defense.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:45 - Syringe Service Programs in Drug-Free School Zones Prohibited.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:46 - Repealed by 2017, 235:2, eff. Nov. 2, 2018.

318-B:46 Repealed by 2017, 235:2, eff. Nov. 2, 2018. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:47 - Definitions.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:48 - Possession of Ephedrine and Pseudoephedrine; Sale.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:50 - Penalty; Exemption.

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.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-C - Model Drug Dealer Liability Act › Section 318-C:2 - Purpose.

318-C:2 Purpose. –
The purpose of this chapter is to:
I. Provide a civil remedy for damages to persons in a community injured as a result of illegal drug use. These persons include parents, employers, insurers, governmental entities, and others who pay for drug treatment or employee assistance programs, as well as infants injured as a result of exposure to drugs in utero ("drug babies"). The chapter will enable them to recover damages from those persons in the community who have joined the illegal drug market.
II. Shift, to the extent possible, the cost of the damage caused by the existence of the illegal drug market in a community to those who illegally profit from that market.
III. Establish the prospect of substantial monetary loss as a deterrent to those who have not yet entered into the illegal drug distribution market.
IV. Establish an incentive for drug users to identify and seek payment for their own drug treatment from those dealers who have sold drugs to the user in the past.
Source.
2004, 252:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-C - Model Drug Dealer Liability Act › Section 318-C:5 - Liability for Participation in the Illegal Drug Market.

318-C:5 Liability for Participation in the Illegal Drug Market. –
I. A person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in this chapter. A person may recover damages under this chapter for injury resulting from an individual's use of an illegal drug.
II. A law enforcement officer or agency, the state, or a person acting at the direction of a law enforcement officer or agency or the state is not liable for participating in the illegal drug market, if the participation is in furtherance of an official investigation.
Source.
2004, 252:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-C - Model Drug Dealer Liability Act › Section 318-C:6 - Recovery of Damages.

318-C:6 Recovery of Damages. –
I. One or more of the following persons may bring an action for damages caused by an individual's use of an illegal drug:
(a) A parent, legal guardian, child, spouse, or sibling of the individual drug user.
(b) An individual who was exposed to an illegal drug in utero.
(c) An employer of the individual drug user.
(d) A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise expended money on behalf of the individual drug user.
(e) A person injured as a result of the willful, reckless, or negligent actions of an individual drug user.
II. A person entitled to bring an action under this section may seek damages from a person convicted of a drug offense or a person who knowingly distributed, or knowingly participated in the chain of distribution of, the illegal drug that was actually used by the individual drug user and that was the proximate cause of the recoverable losses.
II-a. No governmental entity may bring an action against a person until after that person has been convicted of a criminal act related to the possession, manufacture, or distribution of drugs.
III. A person entitled to bring an action under this section may recover all of the following damages:
(a) Economic damages, including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use.
(b) Non-economic damages, including, but not limited to, physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services and consortium, and other non-pecuniary losses proximately caused by an individual's use of an illegal drug.
(c) Reasonable attorney fees.
(d) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.
Source.
2004, 252:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-C - Model Drug Dealer Liability Act › Section 318-C:7 - Limited Recovery of Damages.

318-C:7 Limited Recovery of Damages. –
I. An individual drug user shall not bring an action for damages caused by the use of an illegal drug, except as otherwise provided in this paragraph. An individual drug user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met:
(a) The individual personally discloses to narcotics enforcement authorities, more than 6 months before filing the action, all of the information known to the individual regarding all that individual's sources of illegal drugs;
(b) The individual has not used an illegal drug within the 6 months before filing the action; and
(c) The individual continues to remain free of the use of an illegal drug throughout the pendency of the action.
II. A person entitled to bring an action under this section may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was actually used by the individual drug user.
III. A person entitled to bring an action under this section may recover only the following damages:
(a) Economic damages, including, but not limited to, the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person's illegal drug use.
(b) Reasonable attorney fees.
(c) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.
Source.
2004, 252:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-C - Model Drug Dealer Liability Act › Section 318-C:8 - Third Party Cases.

318-C:8 Third Party Cases. –
A third party shall not pay damages awarded under this chapter, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification.
Source.
2004, 252:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-C - Model Drug Dealer Liability Act › Section 318-C:9 - Illegal Drug Market Target Community.

318-C:9 Illegal Drug Market Target Community. –
A person whose participation in the illegal drug market constitutes the following level offense shall be considered to have the following illegal drug market target community:
I. For a level 1 offense, the New Hampshire house of representatives' legislative district in which the defendant's place of participation is situated.
II. For a level 2 offense, the target community described in paragraph I plus all New Hampshire house of representative's legislative districts with a border contiguous to that target community.
III. For a level 3 offense, the target community described in paragraph II plus all New Hampshire house of representatives' legislative districts with a border contiguous to that target community.
IV. For a level 4 offense, the state.
Source.
2004, 252:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-C - Model Drug Dealer Liability Act › Section 318-C:10 - Joinder of Parties.

318-C:10 Joinder of Parties. –
I. Two or more persons may join in one action under this chapter as plaintiffs if their respective actions have at least one place of illegal drug activity in common and if any portion of the period of illegal drug use overlaps with the period of illegal drug use for every other plaintiff.
II. Two or more persons may be joined in one action under this chapter as defendants if those persons are liable to at least one plaintiff.
III. A plaintiff need not be interested in obtaining and a defendant need not be interested in defending against all the relief demanded. Judgment may be given for one or more plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities.
Source.
2004, 252:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-C - Model Drug Dealer Liability Act › Section 318-C:11 - Comparative Responsibility.

318-C:11 Comparative Responsibility. –
I. An action by an individual drug user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff.
II. The burden of proving the comparative responsibility of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.
III. Comparative responsibility shall not be attributed to a plaintiff who is not an individual drug user.
Source.
2004, 252:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-C - Model Drug Dealer Liability Act › Section 318-C:12 - Contribution Among and Recovery From Multiple Defendants.

318-C:12 Contribution Among and Recovery From Multiple Defendants. –
A person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may seek recovery in accordance with this chapter and existing law against a person against whom a defendant has asserted a right of contribution.
Source.
2004, 252:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-C - Model Drug Dealer Liability Act › Section 318-C:13 - Standard of Proof; Effect of Criminal Drug Conviction.

318-C:13 Standard of Proof;  Effect of Criminal Drug Conviction. –
I. Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence.
II. A person against whom recovery is sought who has a criminal conviction pursuant to RSA 318-B or other state drug laws or the Comprehensive Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, 84 Stat. 1236, codified at 21 U.S.C. 801 et seq., is estopped from denying participation in the illegal drug market. Such a conviction is also prima facie evidence of the person's participation in the illegal drug market during the 2 years preceding the date of an act giving rise to a conviction.
III. The absence of a criminal drug conviction of a person against whom recovery is sought does not bar an action against that person.
Source.
2004, 252:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-C - Model Drug Dealer Liability Act › Section 318-C:14 - Prejudgment Attachment and Execution on Judgments.

318-C:14 Prejudgment Attachment and Execution on Judgments. –
I. A plaintiff under this chapter, subject to paragraph II, may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award. If attachment is instituted, a defendant is entitled to an immediate hearing. Attachment may be lifted if the defendant demonstrates that the assets will be available for a potential award or if the defendant posts a bond sufficient to cover a potential award.
II. Any assets sought to satisfy a judgment under this chapter that are named in a forfeiture action or have been seized for forfeiture by any state or federal agency may not be used to satisfy a judgment unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets.
Source.
2004, 252:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-C - Model Drug Dealer Liability Act › Section 318-C:15 - Statute of Limitations.

318-C:15 Statute of Limitations. –
I. Except as otherwise provided in this section, a claim under this chapter shall not be brought more than 2 years after the cause of action accrues. A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm.
II. For a plaintiff, the statute of limitations under this section is tolled while the individual potential plaintiff is incapacitated by the use of an illegal drug to the extent that the individual cannot reasonably be expected to seek recovery under this chapter or as otherwise provided by law. For a defendant, the statute of limitations under this section is tolled until 6 months after the individual potential defendant is convicted of a criminal drug offense or as otherwise provided by law.
III. The statute of limitations under this chapter for a claim based on participation in the illegal drug market that occurred prior to the effective date of this chapter does not begin to run until the effective date of this chapter.
Source.
2004, 252:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-C - Model Drug Dealer Liability Act › Section 318-C:16 - Representation of Governmental Entities: Stay of Action.

318-C:16 Representation of Governmental Entities:  Stay of Action. –
I. A prosecuting attorney may represent the state or a political subdivision of the state in an action brought under this chapter.
II. Upon the filing of an action under this chapter, the plaintiff shall give immediate notice in writing and provide a copy of the writ to the attorney general. The attorney general shall notify the United States Department of Justice or other appropriate federal agency of such action.
III. On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action.
Source.
2004, 252:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-C - Model Drug Dealer Liability Act › Section 318-C:17 - Effect on Existing Laws.

318-C:17 Effect on Existing Laws. –
The provisions of this chapter are not intended to alter the law regarding intra-family tort immunity.
Source.
2004, 252:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-C - Model Drug Dealer Liability Act › Section 318-C:18 - Severability.

318-C:18 Severability. –
If any provision of this chapter or the application of any provision to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to any other person or circumstance shall not be affected by that invalidation.
Source.
2004, 252:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-D - Methamphetamine-Related Offenses › Section 318-D:1 - Definitions.

318-D:1 Definitions. –
In this chapter:
I. "Anhydrous ammonia" means ammonia that has been cooled, pressurized, or both so that it exists in liquid form. Water may be present in varying degrees, if at all. This definition shall not include commercially available water solutions of ammonia such as glass cleaners.
II. "Clandestine lab site" means any structure or conveyance or location occupied or affected by conditions or chemicals typically associated with the manufacturing of methamphetamine.
III. "Emergency response" includes, but is not limited to, removing and collecting evidence, securing the site, removal, remediation, and hazardous chemical assessment or inspection of the site where the relevant offense or offenses took place, regardless of whether these actions are performed by a public entity, a private contractor paid by a public entity, or the property owner.
IV. "Remediation" means proper cleanup, treatment, or containment of hazardous substances or methamphetamine at or in a clandestine lab site, and may include demolition or disposal of structures or other property.
V. "Removal" means the removal from the clandestine lab site of precursor or waste chemicals, chemical containers, or equipment associated with the manufacture, packaging, or storage of illegal drugs.
Source.
2006, 241:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-D - Methamphetamine-Related Offenses › Section 318-D:3 - Injury Resulting From the Manufacture of Methamphetamine.

318-D:3 Injury Resulting From the Manufacture of Methamphetamine. –
I. A person shall be guilty of an offense if that person recklessly causes serious bodily injury to a law enforcement officer, firefighter, emergency medical technician, ambulance operator, ambulance attendant, or social worker, civilian government employee, or hazardous material contractor acting in his or her official duties, as a result of the hazards posed by the person's conduct in manufacturing or attempting to manufacture methamphetamine. For purposes of this section, a person who takes any substantial step towards the manufacture of methamphetamine acts recklessly.
II. A person convicted of an offense under this section may be sentenced to imprisonment for not more than 20 years, or a fine of not more than $300,000 or both.
Source.
2006, 241:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-D - Methamphetamine-Related Offenses › Section 318-D:4 - Sale, Transfer, Lease, or Rental of Real Property on Which Methamphetamine Has Been Produced.

318-D:4 Sale, Transfer, Lease, or Rental of Real Property on Which Methamphetamine Has Been Produced. –
Any sale, transfer, lease, or rental of real property on which methamphetamine has been produced shall be subject to the provisions of RSA 477:4-g.
Source.
2006, 241:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-D - Methamphetamine-Related Offenses › Section 318-D:5 - Anhydrous Ammonia; Prohibited Conduct.

318-D:5 Anhydrous Ammonia;  Prohibited Conduct. –
I. In this section, "tamper" means action taken by a person not authorized to take that action by law, or by the owner or authorized custodian of an anhydrous ammonia container, or of equipment where anhydrous ammonia is used, stored, distributed, or transported.
II. No person shall:
(a) Steal or unlawfully take or carry away any amount of anhydrous ammonia.
(b) Purchase, possess, transfer, or distribute any amount of anhydrous ammonia, knowing, or having reason to know, that it will be used to unlawfully manufacture a controlled substance or explosive device.
(c) Place, have placed, or possess anhydrous ammonia in a container that is not designed, constructed, maintained, and authorized to contain or transport anhydrous ammonia.
(d) Transport anhydrous ammonia in a container that is not designed, constructed, maintained, and authorized to transport anhydrous ammonia.
(e) Use, deliver, receive, sell, or transport a container designed and constructed to contain anhydrous ammonia without the express consent of the owner or authorized custodian of the container.
(f) Tamper with any equipment or facility used to contain, store, or transport anhydrous ammonia.
III. The department of safety shall adopt rules, pursuant to RSA 541-A, in order to implement and enforce the provisions of this section.
IV. Except as provided in paragraph V, a person who tampers with anhydrous ammonia containers or equipment under this section shall have no cause of action for damages arising out of the tampering against:
(a) The owner or lawful custodian of the container or equipment;
(b) A person responsible for the installation or maintenance of the container or equipment; or
(c) A person lawfully selling or offering for sale the anhydrous ammonia.
V. Paragraph IV shall not apply to a cause of action against a person who unlawfully obtained the anhydrous ammonia or anhydrous ammonia container or who possesses the anhydrous ammonia or anhydrous ammonia container for any unlawful purpose.
VI. A person who knowingly violates paragraph II may be sentenced to imprisonment for not more than 5 years or a fine of not more than $50,000, or both.
Source.
2006, 241:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 319-C - Electricians › Section 319-C:1 - Electricians.

319-C:1 Electricians. –
No electrical installation shall be made for compensation, unless made by an electrician or other person licensed by the electricians' board, except as provided in this chapter.
Source.
1975, 485:1, eff. July 1, 1975.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 319-C - Electricians › Section 319-C:2 - Definitions.

319-C:2 Definitions. –
In this chapter:
I. "Apprentice electrician" means a person who is engaged in learning and assisting in making electrical installations under the direct supervision of a master or journeyman electrician.
II. "Board" means the electricians' board.
III. "Electrical installations" means the installation, repair, alteration and maintenance of electrical conductors, fittings, devices and fixtures for heating, lighting or power purposes, regardless of the voltage. The term does not include the installation or repair of portable appliances and other portable electrical equipment, installation of which involves only the insertion of an attachment plug into a fixed receptacle outlet. The word "portable" does not include or apply to any type of fixed electrically operated or driven equipment.
III-a. "High/medium voltage power distribution system installation" means the installation, repair, alteration, and maintenance of electrical conductors, fittings, devices, fixtures, and equipment, from the source of supply to the first disconnecting means of a building or structure, for over 600 volt power distribution systems. The term shall also include the associated metering and controls of the distribution system, the secondary conductor terminations of the pad mount transformer, the underground conductors between the base of the pole and the secondary terminals of the pole mounted transformer, and the overhead conductors between the secondary terminals of the pole mounted transformer and the point of attachment to a building or structure, regardless of the voltage.
III-b. "High/medium voltage electrician" means a person who, as a business, hires or employs another, as defined in administrative rules, to make electrical installations on high/medium voltage power distribution systems operating at over 600 volts, or without hiring another, makes electrical installations on high/medium voltage power distribution systems operating at over 600 volts, including associated controls and metering, as a principal or auxiliary business for their own account.
III-c. "Incidental electrical work" means a job of minor consequence which occurs by chance, not needing calculations.
IV. "Journeyman electrician" means a person doing work of installing electrical wires, conduits, apparatus, fixtures and other electrical equipment. A journeyman electrician shall be employed by a master electrician. Each journeyman electrician shall work under the direction and supervision of a master electrician.
V. "Master electrician" means a person either employed by another master electrician or who, as a business, hires or employs another to do electrical work, or, without hiring another, makes electrical installations as a principal or auxiliary business for his or her own account.
Source.
1975, 485:1. 1976, 16:1. 1981, 356:3-5. 1994, 238:1, 2. 2001, 266:1, 2. 2011, 78:1, eff. July 15, 2011. 2018, 243:1, eff. June 12, 2018. 2023, 79:291, eff. Sept. 1, 2023.