126-X:5 Affirmative Defense. – I. It shall be an affirmative defense for any person charged with manufacturing, possessing, having under his or her control, selling, purchasing, prescribing, administering, transporting, or possessing with intent to sell, dispense, or compound cannabis, cannabis analog, or any preparation containing cannabis, if: (a) The actor is a qualifying patient who has been issued a valid registry identification card, was in possession of cannabis in a quantity and location permitted pursuant to this chapter, and was engaged in the therapeutic use of cannabis; (b) The actor is a designated caregiver who has been issued a valid registry identification card, was in possession of cannabis in a quantity and location permitted pursuant to this chapter, and was engaged in the therapeutic use of cannabis on behalf of a qualifying patient; or (c) The actor is an employee of a laboratory conducting testing required for alternative treatment centers pursuant to rules adopted under this chapter. II. This section shall not be construed as an affirmative defense for any offense other than those acts as set forth in paragraph I. Source. 2013, 242:1, eff. July 23, 2013. opted under this chapter. II. This section shall not be construed as an affirmative defense for any offense other than those acts as set forth in paragraph I. Source. 2013, 242:1, eff. July 23, 2013. 2015, 143:6, eff. Aug. 11, 2015.
New Hampshire Legal Code