Current through Register No. 13, March 27, 2025
(a) "Administrative remedy" means an action
imposed upon an ATC in response to an area of noncompliance.
(b) "Administrator" means the individual
appointed by the ATC to be responsible for all aspects of the daily operation
of the registered premises.
(c)
"Advertising" means all representations disseminated in any manner or by any
means, other than by labeling or as allowed in
He-C
402.23, for the purpose of inducing, directly or
indirectly, the purchase of cannabis or cannabis-infused products (CIP)
.
(d) "Alternative treatment center
(ATC) " means "alternative treatment center" as defined in RSA 126-:1, IX,
namely, "a not-for-profit entity registered under RSA 126-:7X that acquires,
possesses, cultivates, manufactures, delivers, transfers, transports, sells,
supplies, and dispenses cannabis, and related supplies and educational
materials, to qualifying patients, designated caregivers and ATCs." For the
purpose of this definition, "not-for-profit" means a corporation that is
registered with the NH secretary of state under RSA 292 and is a charitable
trust pursuant to
RSA
7:19 et seq for the benefit of qualifying
patients.
(e) "Applicant" means a
not-for-profit corporation seeking a registration to operate an ATC pursuant to
RSA 126-X.
(f) "Area of
noncompliance" means any action, failure to act, or other set of circumstances
that causes an ATC to be out of compliance with RSA 126-X, He-C 402, or other
state law or local ordinance.
(g)
"ATC agent (agent) " means "alternative treatment center agent" as defined in
RSA 126-:1, IIX, namely, "a principal officer, board member, employee, manager,
or volunteer of an alternative treatment center who is 21 years of age or older
and has not been convicted of a felony or any felony drug-related offense."
This term includes executive employees and corporate officers.
(h) "ATC technician" means an employee of the
ATC who has been trained to dispense cannabis to qualifying patients and their
designated caregivers.
(i) "Batch
number" means any distinct group of numbers, letters, or symbols, or any
combination thereof, assigned to a specific harvest batch of cannabis or a
specific batch of cannabis concentrate.
(j) "Cannabinoid profile" means the concent
ration, measured in percent by weight or volume, of tetrahydrocannabinol (THC),
tetrahydrocannabinolic acid (THCA),tetrahydrocannabivarian (THCV),
cannabichromene (CBC), cannabidiol (CBD), cannabidiolic acid (CBDA),
cannabidivarin (CBDV), cannabigerol (CBG), and cannabinol (CBN) contained in
the cannabis sample to be tested or saleable cannabis product.
(k) "Cannabis" means "cannabis" as defined in
RSA 126-:1, IIIX, 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 i ncapable of germination."
(l)
"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 chemical solvent as allowed by
He-C
402.16(j) (1) c.
(m) "Cannabis-infused product (CIP) " means a
product infused with cannabis that is intended for use or consumption, other
than by smoking, including but not limited to edible products, ointments,
aerosols, oils, tinctures, and cannabis concentrate products prepared for
dispensing. These products, when created or sold by an ATC, shall not be
considered a food or a drug.
(n)
"Cannabis waste" means:
(1) Any unusable
cannabis, including the seeds, stalks, stems, branches, and roots or root ball
of the cannabis plant;
(2) Any
usable, or previously or potentially usable, cannabis, cannabis concentrate, or
CIP that is discarded, found to contain contaminants, or is otherwise recalled;
and
(3) Any usable cannabis or CIP
that is returned to the ATC for whatever reason.
(o) "Child-resistant" means packaging that
is:
(1) Designed or constructed to be
significantly difficult for children under 5 years of age to open and not
difficult for adults to use properly;
(2) Opaque so that the product cannot be seen
from outside the packaging; and
(3)
Closable for any product intended for more than a single use or containing
multiple servings.
(p)
"Commissioner" means the commissioner of the New Hampshire department of health
and human services, or his or her designee.
(q) "Compliance monitoring" means an on-site
inspection of the registered premises by the department to monitor compliance
with RSA 126-X or He-C 402, investigate a complaint, or verify the
implementation of a plan of correction which addresses an area of
noncompliance.
(r) "Contaminant"
means mold, fungus, bacterial diseases, rot, pests, non-organic pesticides,
mildew, mycotoxins, heavy metals, and any chemical listed in
He-C 402.34,
Table 402.3.
(s) "Cultivation"
means a method or process of growing cannabis regardless of whether the growing
medium is soil, soil-based, hydroponic, aeroponic, aquaponic, or other
method.
(t) "Cultivation location''
means a locked, indoor, and enclosed site under the control of an ATC where
cannabis is cultivated and processed, and which is secured with one or more
locks or other security devices in accordance with RSA 126-X and
He-C
402.24, and which can be at a separate location from
the dispensing portion of the ATC.
(u) "Days" means calendar days unless
otherwise specified in the rule.
(v) "Department" means the New Hampshire
department of health and human services.
(w) "Designated caregiver'' means "designated
caregiver" as defined in RSA 126-:1, VIX, namely, "an individual who:
(1) Is at least 21 years of age;
(2) Has agreed to assist with one o r 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 ATC, in which case the designated caregiver may assist with
the therapeutic use of cannabis for up to 9 qualifying patients;
(3) Has never been convicted of a felony or
any felony drug-related offense; and
(4) Possesses a valid registry identification
card issued pursuant to RSA 126-:4X."
(x) "Directed plan of correction" means a
plan developed and written by the department that specifies the actions the ATC
shall take to correct identified areas of noncompliance.
(y) "Dispense" means to distribute, give
away, or sell one or more doses of cannabis or CIP to a qualifying patient or
designated caregiver to be administered or taken at a different location than
the ATC.
(z) "Dispensing error"
means an error related to the dispensing of cannabis including, but not limited
to, dispensing a quantity of cannabis that exceeds the amount a qualifying
patient is allowed to obtain in a 10-day period, dispensing cannabis to a
person who has not registered with the ATC, or dispensing cannabis that is
mislabeled.
(aa) "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 or 402.
(ab)
"Duress alarm" means a silent security alarm system signal generated by the
entry of a designated code into an arming station in order to signal that the
alarm user is being forced to turn off the system.
(ac) "Emergency plan" means a document
outlining the responsibilities of ATC personnel in an emergency.
(ad) "Executive employee" means an individual
who is responsible for the oversight or business management of the operations
of the ATC, such as the chief executive officer (CEO) or executive director
(ED), chief operations off icer (COO) or director of operations, chief
financial officer (CFO) or director of finance, administrator, director of
human resources, chief medical officer, chief security officer, director of
production or cultivation, director of retail or dispensing, and any other
individual responsible for the oversight or business management of one or more
of the ATC operations or primary functions.
(ae) "Geographic area" means an area of the
state of New Hampshire designated for use in the request for application
process to encourage the geographic separation of ATCs throughout the state,
but which does not limit in any way the choice of a qualifying patient to
register with any ATC, and includes:
(1)
"Geographic area 1" means Belknap, Rockingham, and Strafford
counties;
(2) "Geographic area 2"
means Hillsborough and Merrimack counties;
(3) "Geographic area 3" means Cheshire and
Sullivan counties, and the town of Hanover and the city of Lebanon in Grafton
County; and
(4) "Geographic area 4"
means Carroll, Coos, and Grafton counties, not including the town of Hanover
and the city of Lebanon in Grafton County.
(af) "Harvest batch" means a specifically
identified quantity of processed cannabis, every portion or package of which is
uniform in strain, cultivated using the same herbicides, pesticides, and
fungicides, and harvested at the same time.
(ag) "Holdup alarm" means a silent alarm
signal generated by the manual activation of a device intended to signal a
robbery in progress.
(ah)
"Inspection" means the process followed by the department to determine an
applicant's or an ATC's compliance with RSA 126-X and He-C 402 or to respond to
allegations of noncompliance with RSA 126-X or He-C 402.
(ai) "Known allergen" means milk, egg, fish,
crustacean shellfish, tree nuts, wheat, peanuts, and soybeans.
(aj) "Limited access area" means a building,
room, or other contiguous area of the registered premises where cannabis or CIP
is grown, cultivated, stored, packaged, processed for sale, or disposed, where
controls of such cultivation functions can be accessed, where security system
equipment and recordings are located, where servers containing qualifying
patient and inventory data are located, and where access is limited to
authorized personnel to enhance security.
(ak) "Panic alarm" means an audible security
alarm system signal generated by the manual activation of a device intended to
signal a life threatening or emergency situation requiring a law enforcement
response.
(al) "Paraphernalia"
means accessories, devices, and other equipment, such as smoking pipes or
vaporizers, that facilitate the therapeutic use of cannabis. This term includes
"cannabis-related supplies."
(am)
"Plan of correction (POC) " means a plan developed and written by the ATC,
which specifies the actions that will be taken to correct identified areas of
noncompliance.
(an) "Procedure"
means an ATC's written, standardized method of performing duties and providing
services.
(ao) "Provider" means:
(1) A physician or an advanced practice
registered nurse licensed to prescribe drugs to humans under RSA 329 or
326-B:18, respectively, and who possesses an active registration from the
United States Drug Enforcement Administration to prescribe controlled
substances; or
(2) A physician or
an advanced practice registered nurse licensed to prescribe drugs to humans
under the relevant state licensing laws in Maine, Massachusetts, or Vermont,
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.
(ap)
"Qualifying medical condition" means "qualifying medical condition" as defined
in RSA 126-:1, IX.
(aq) "Qualifying
patient" means "qualifying patient" as defined in RSA 126-: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-:4X."
(ar) "Registered premises" means the
building(s) that comprises the physical location(s) that the department has
approved for the registered ATC to conduct operations in accordance with its
registration to include the cultivation, processing, storage, and dispensing of
cannabis, CIP, and the sale or provision of paraphernalia, cannabis-related
supplies, and educational material.
(as) "Registration certificate" means the
document issued to an applicant or registrant at the start of operation as an
ATC, and annually thereafter, which authorizes operation in accordance with RSA
126-X and He-C 402, and includes the name of the ATC, the name of the business,
the physical address, the effective dates, the name of the ATC administrator,
the registration number, and any waivers granted.
(at) "Registry identification card" means
"registry identification card" as defined in RSA 126-:1, IX, namely, "a
document indicating the date issued and expiration date by the department
pursuant to RSA 126-:4X that identifies an individual as a qualifying patient
or a designated caregiver."
(au)
"Reportable incident" means:
(1) Confidential
information accessed or disclosed in violation RSA 126-X or He-C 402;
(2) Loss of or discrepancies in cannabis
inventory including but not limited to theft or diversion;
(3) Unauthorized intrusion or entry into the
registered premises;
(4) When there
is reason to believe there is a violation of RSA 126-X or department rules by
an ATC or its agents;
(5) Alarm
activation requiring a response by public safety personnel;
(6) Failure of the security alarm system for
a period greater than 8 hours;
(7)
Any accident occurring during transport of cannabis or CIP; or
(av) "Seedling" means "seedling" as defined
in RSA 126-:1, IIX, namely, "a cannabis plant that has no flowers and is less
than 12 inches in height and less than 12 inches in diameter."
(aw) "Statement of findings" means a document
issued by the department following an inspection or investigation identifying
areas in which the ATC is not in compliance with He-C 402 or RSA 126-X and
which sets forth the evidence that supports the findings of
noncompliance.
(ax) "Therapeutic
use" means "therapeutic use" as defined in RSA 126-:1, IIIX, 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:
(1) The use of cannabis by a designated
caregiver who is not a qualifying patient; or
(2) Cultivation or purchase by a visiting
qualifying patient; or
(3)
Cultivation by a designated caregiver or qualifying patient."
(ay) "Unusable cannabis" means
"unusable cannabis" as defined in RSA 126-:1, IVX, namely, "any cannabis, other
than usable cannabis, including the seeds, stalks, and roots of the
plant."
(az) "Usable cannabis"
means "usable cannabis" as defined in RSA 126-:1, VX, namely, "the dried leaves
and flowers of the cannabis plant and any mixture or preparation thereof, but
does not include the seeds, stalks, and roots of the plant and does not include
the weight of any non-cannabis ingredients combined with cannabis and prepared
for consumption as food or drink."
(ba) "Visiting qualifying patient" means
"visiting qualifying patient" as defined in RSA 126-:1, VIX, namely, "a patient
with a qualifying medical condition who is not a resident of New Hampshire or
who has been a resident of New Hampshire for fewer than 30 days and is not
eligible to purchase therapeutic cannabis in New Hampshire or receive cannabis
from a qualifying New Hampshire patient."
(bb) "Written certification" means
documentation of a qualifying medical condition by a provider for the purpose
of issuing registry identification cards, after having completed a full
assessment of the patient's medical history and current medical condition in
accordance with
He-C 401.06(b) (2)
and made in the course of a provider-patient
relationship, and which includes the date of issuance, the patient's qualifying
medical condition, symptoms or side effects, the certifying provider's name,
medical specialty, and signature.
