HB 1705 - Legalizes Marijuana for Individuals Over 21 Years of Age - New Hampshire Key Vote

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Title: Legalizes Marijuana for Individuals Over 21 Years of Age

Vote Smart's Synopsis:

Vote on a motion to declare a bill inexpedient to legislate that legalizes the use of marijuana for individuals over the age of 21, effective January 1, 2013.


  • Authorizes individuals 21 years of age or older to (Sec. 2):
    • Use, purchase, or possess up to 1 ounce of marijuana;
    • Sell marijuana seeds to a wholesaler;
    • Possess or use marijuana paraphernalia; and
    • Transfer without remuneration up to 1 ounce of marijuana to another person aged 21 years or older.
  • Authorizes retailers to sell marijuana to individuals 21 years of age or older (Sec. 2).
  • Authorizes wholesalers to cultivate marijuana and sell marijuana or marijuana paraphernalia to a retailer (Sec. 2).
  • Defines “marijuana” as a plant of the genus Cannabis or its products, not including hashish (Sec. 2)
  • Defines “retailer” as an establishment licensed to purchase marijuana and marijuana paraphernalia from a wholesaler and sell marijuana and marijuana paraphernalia to eligible customers (Sec. 2).
  • Defines “wholesaler” as an establishment licensed to cultivate, prepare, package, and sell marijuana to a retailer or other wholesaler, but not to customers or the general public (Sec. 2).
  • Authorizes the state to issue licenses to retailers and wholesalers for an initial fee of $1,000 and an annual renewal fee of $1,000 (Sec. 4).
  • Establishes an excise tax of $45 per ounce on marijuana sold to retailers  (Sec. 4).
  • Establishes a sales tax of 19 percent of the wholesale price of marijuana on all retail sales of marijuana (Sec. 4).
  • Prohibits the possession of marijuana and marijuana paraphernalia by the following individuals (Sec. 2):
    • Persons under the age of 21; and
    • Prisoners.
  • Prohibits individuals from using marijuana in public, at a detention facility, or at a school (Sec. 2).
  • Prohibits any individual from operating a vehicle or vessel while under the influence of marijuana (Sec. 2).
  • Prohibits licenses from being issued to a retailer or wholesaler who is (Sec. 4):
    • Located less than 500 feet from a school or place of worship;
    • Engaged in business as a gas station, convenience store, grocery store, night club, dance hall, or licensed gambling establishment; or
    • Sells alcohol for consumption on or off premises.
  • Prohibits retailers or wholesalers from performing any of the following actions (Sec. 4):
    • Furnishing marijuana to individuals less than 21 years of age;
    • Allowing persons under the age of 21 to enter the premises of the retail or wholesale establishment.
    • Purchasing marijuana from any person other than a wholesaler;
    • Selling marijuana that has been adulterated or contaminated by any controlled substance or illegal additive or pesticide.
  • Prohibits any person from advertising the sale of marijuana through any written or oral communication media (Sec. 4).
  • Prohibits any person from transporting marijuana into or outside of the state of New Hampshire (Sec. 4).

Title: Legalizes Marijuana for Individuals Over 21 Years of Age