1. (a) “Alternative treatment center (ATC)” means “alternative treatment center” as defined in RSA 126-X:1, I, namely, “a not-for-profit entity registered under RSA 126-X:7 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, and dispenses cannabis, and related supplies and educational materials, to qualifying patients, designated caregivers, other alternative treatment centers, and visiting qualifying patients.”
2. (b) “Cannabis” means “cannabis” as defined in RSA 126-X:1, III, namely, “all parts of any plant of the Cannabis genus of plants, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, salt, derivative, mixture, or preparation of such plant, its seeds, or resin. Such term shall not include the mature stalks of such plants, fiber produced from such stalks, oil, or cake made from the seeds of such plants, any other compound, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seeds of such plants which are incapable of germination. In this chapter, cannabis shall not include hemp grown, processed, marketed, or sold under RSA 439-A.”
3. (c) “Cannabis concentrate” means any form of cannabinoid extracted from usable cannabis plant material using an extraction method, such as water, food, carbon dioxide, alcohol, or other solvent as allowed by He-C 402.16(j)(1)c.
4. (d) “Commissioner” means the commissioner of the New Hampshire department of health and human services, or designee.
5. (e) “Department” means the New Hampshire department of health and human services.

6. (f) “Designated caregiver” means “designated caregiver” as defined in RSA 126-X:1, VI, namely, “an individual who:

   1. (1) Is at least 21 years of age;
   2. (2) Has agreed to assist with one or more (not to exceed 5) qualifying patient’s therapeutic use of cannabis, except if the qualifying patient and designated caregiver each live greater than 50 miles from the nearest alternative treatment center, in which case the designated caregiver may assist with the therapeutic use of cannabis for up to 9 qualifying patients;
   3. (3) Has never been convicted of a felony or any felony drug-related offense; and

   4. (4) Possesses a valid registry identification card issued pursuant to RSA 126-X:4.”

      This term includes “caregiver.”

7. (g) “Diversion” means the obtaining or transferring of cannabis from a legal possession or use to an illegal use or to a person not authorized to use or obtain cannabis under RSA 126-X or He-C 401.
8. (h) “Minor” means an individual who is under 18 years of age.

9. (i) “Provider” means “provider” as defined in RSA 126-X:1, VII(a), namely:

   “(1) A physician licensed to prescribe drugs to humans under RSA 329 and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances;

10. (2) An advanced practice registered nurse licensed pursuant to RSA 326-B:18 and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances;
11. (3) A physician, physician associate, or advanced practice registered nurse licensed to prescribe drugs to humans under the relevant state licensing laws in Maine, Massachusetts, or Vermont and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances and who is primarily responsible for the patient’s care related to his or her qualifying medical condition;
12. (4) A physician associate licensed pursuant to RSA 328-D and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances consistent with his or her collaboration agreement; or

13. (5) Any other New Hampshire provider who is licensed to prescribe drugs to humans and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances and who is primarily responsible for the patient’s care related to his or her qualifying medical condition.”

    The term “physician associate” as outlined in (3) and (4) above includes “physician assistant.”

14. (j) “Provider-patient relationship” means “provider-patient relationship” as defined in RSA 126-X:1, VIII, namely, “a medical relationship between a licensed provider and a patient that includes an in-person exam, a history, a diagnosis, and a treatment plan appropriate for the licensee’s medical specialty.”

15. (k) “Qualifying medical condition” means:

    1. (1) “Qualifying medical condition” as defined in RSA 126-X:1, IX(a), namely, “the presence of:
    2. (1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, muscular dystrophy, Crohn’s disease, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, epilepsy, lupus, Parkinson’s disease, Alzheimer’s disease, ulcerative colitis, Ehlers-Danlos syndrome, or one or more injuries or conditions that has resulted in one or more qualifying symptoms under subparagraph (2); and
    3. (2) A severely debilitating or terminal medical condition or its treatment that has produced at least one of the following: elevated intraocular pressure, cachexia, chemotherapy-induced anorexia, wasting syndrome, agitation of Alzheimer’s disease, severe pain, constant or severe nausea, moderate to severe vomiting, seizures, severe, persistent muscle spasms, or moderate to severe insomnia;” or

    4. (2) “Qualifying medical condition” as defined in RSA 126-X:1, IX(b), namely:

       “(1) Moderate to severe chronic pain.

    5. (2) Severe pain.
    6. (3) Moderate or severe post-traumatic stress disorder.
    7. (4) Autism spectrum disorder in adults 21 years of age or older.
    8. (5) Autism spectrum disorder in people under 21 years of age with the requirement of a consultation with a certified provider of child and/or adolescent psychiatry, developmental pediatrics, or pediatric neurology, who confirms that the autism spectrum disorder has not responded to previously prescribed medication or for which other treatment options produced serious side effects and who supports certification for the use of therapeutic cannabis.

    9. (6) Opioid use disorder, with the following restrictions:

       (A) When certified only by a board certified addiction medicine or addiction psychiatry provider who is actively treating the patient for opioid use disorder; and

       (B) With associated symptoms of cravings and/or withdrawal.

    10. (7) Generalized anxiety disorder.
    11. (8) For adults 21 years of age or older, any debilitating or terminal medical condition or symptom for which the potential benefits of using therapeutic cannabis would, in the provider’s clinical opinion, likely outweigh the potential health risks for the patient. In order to certify a patient under this category, a certifying provider shall include on the written certification the patient’s specific condition or symptom and attest to their clinical opinion.”
16. (l) “Qualifying patient” means “qualifying patient” as defined in RSA 126-X:1, X, namely “a resident of New Hampshire who has been diagnosed by a provider as having a qualifying medical condition and who possesses a valid registry identification card issued pursuant to RSA 126-X:4.” This term includes “patient.”
17. (m) “Registry identification card” means “registry identification card” as defined in RSA 126-X:1, XI, namely, “a document indicating the date issued, effective date, and expiration date by the department pursuant to RSA 126-X:4 that identifies an individual as a qualifying patient or a designated caregiver.” This term includes “registry ID card” used on department forms.
18. (n) “Therapeutic use” means “therapeutic use” as defined in RSA 126-X:1, XIII, namely, “the acquisition, possession, cultivation, preparation, use, delivery, transfer, or transportation of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a qualifying patient’s qualifying medical condition or symptoms or results of treatment associated with the qualifying patient’s qualifying medical condition. It shall not include:
19. (a) The use of cannabis by a designated caregiver who is not a qualifying patient; or
20. (b) Cultivation or purchase by a visiting qualifying patient from a qualifying patient or designated caregiver; or
21. (c) Cultivation by a designated caregiver or qualifying patient.”
22. (o) “Use in adolescence” means “use in adolescence” as defined in RSA 126-X:XV-a, namely, “the therapeutic use of cannabis by any person whose age is within the generally accepted medical and psychiatric definition of an adolescent as ranging in age from 12-25 years old, as well as by individuals younger in age.”
23. (p) “Visiting qualifying patient” means “visiting qualifying patient” as defined in RSA 126-X:1, XVI, namely, “a person who is not a resident of New Hampshire, or who has been a resident of New Hampshire for fewer than 90 days, who has been issued a valid registry identification card, or its equivalent, under the laws of another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of Canada, that allows, in the jurisdiction of issuance, that person to possess cannabis for therapeutic purposes.”
24. (q) “Written certification” means “written certification” as defined in RSA 126-X:1, XVII, namely, “documentation of a qualifying medical condition by a provider pursuant to rules adopted by the department pursuant to RSA 541-A for the purpose of issuing registry identification cards, after having completed a full assessment of the patient’s medical history and current medical condition made in the course of a provider-patient relationship.”

Source. (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; amd by #10964, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23; ss by #13763-A, eff 6-26-23; ss by #14386, eff 10-1-25, EXPIRES: 10-1-35