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Supporters urge repeal of extra felony for program participants who sell cannabis; bill would align penalties
Summary
HB 380 would remove an enhanced, program‑specific felony penalty now applied to registered therapeutic cannabis patients or caregivers who sell cannabis to unauthorized individuals, leaving statutory sale penalties under the Controlled Drug Act intact. Supporters said the enhanced penalty discourages participation and is redundant; witnesses
Concord — The Criminal Justice and Public Safety Committee heard testimony on HB 380, a bill to remove an enhanced class‑B felony penalty that applies specifically to registered therapeutic cannabis patients or designated caregivers who sell cannabis to unauthorized people.
Representative Suzanne Vail, sponsor, told the committee that state law currently layers an extra program‑specific felony on top of the general criminal penalties for selling controlled substances. She described the combined effect as excessive and atypical. "If a qualifying patient or designated caregiver is found to have sold cannabis to an unauthorized individual ... the revocation removes the individual's legal authorization to possess and use therapeutic cannabis," she said, summarizing program consequences and telling the committee the additional statutory penalty may discourage participation.
Witnesses described the burden of stacked penalties and their chilling effect on patients. Heather Marie Brown, alternate chair of the therapeutic cannabis medical oversight board and a patient representative, called the program‑specific penalty discriminatory and said it could dissuade eligible patients from enrolling. "That little piece of the law literally discriminates," Brown said, adding that many therapeutic patients have chronic conditions and would not benefit from onerous stacked penalties.
Department of Health and Human Services staff said selling cannabis remains a criminal act under RSA 318‑B and would continue to be prosecuted; HB 380 would remove the additional, program-specific penalty so program participants are subject to the same statutory penalties as anyone else.
Supporters, including Granite Leaf Cannabis operations and the therapeutic-program administrator, argued no change in enforcement authority would occur; prosecutors could still pursue sales under existing controlled-substance sale statutes. They framed the bill as removing a redundant statutory punishment that has a disproportionate effect on medically authorized users.
No committee vote was recorded. Sponsors said removing the program-specific felony would align treatment of participants with broader controlled-substance sale penalties and reduce a barrier to program participation.
Ending note: The committee closed the public hearing; witnesses said they would assist the committee with statutory cross‑references and fiscal or implementation questions if requested.
