Section He-C 401.02 - Definitions(a) "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 and alternative treatment centers."(b) "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 incapable of germination. In this chapter, cannabis shall not include hemp grown, processed, marketed, or sold under RSA 439-A."(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.(d) "Commissioner" means the commissioner of the New Hampshire department of health and human services, or designee.(e) "Department" means the New Hampshire department of health and human services.(f) "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.(g) "Designated caregiver" means "designated caregiver" as defined in RSA 126-:1, VIX, namely, "an individual who:(a) Is at least 21 years of age;(b) 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;(c) Has never been convicted of a felony or any felony drug-related offense; and(d) Possesses a valid registry identification card issued pursuant to RSA 126-:4X." This term includes "caregiver."
(h) "Minor" means an individual who is under 18 years of age.(i) "Provider" means "provider" as defined in RSA 126-:1, VII(a)X, 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;(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;(3) A physician 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; or(4) A physician assistant licensed pursuant to RSA 328-D and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances, with the express consent of the supervising physician."(j) "Provider-patient relationship" means "provider-patient relationship" as defined in RSA 126-:1, VIIIX, 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."(k) "Qualifying medical condition" means: (1) "Qualifying medical condition" as defined in RSA 126-:1, I(a)X, namely, "the presence of: (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(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 that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects, constant or severe nausea, moderate to severe vomiting, seizures, or severe, persistent muscle spasms;" or(2) "Qualifying medical condition" as defined in RSA 126-:1, I(b)X, namely: (1)" Moderate to severe chronic pain.(2) Severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects.(3) Moderate or severe post-traumatic stress disorder."(l) "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." This term includes "patient."(m) "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." This term includes "registry ID card" used on department forms.(n) "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: (a) The use of cannabis by a designated caregiver who is not a qualifying patient; or(b) Cultivation or purchase by a visiting qualifying patient; or(c) Cultivation by a designated caregiver or qualifying patient."(o) "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."(p) "Written certification" means "written certification" as defined in RSA 126-:1, VIIX, 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 providerpatient relationship. The date of issuance and the patient's qualifying medical condition, symptoms or side effects, the certifying provider's name, medical specialty, and signature shall be specified on the written certification.N.H. Admin. Code § He-C 401.02
Adopted byVolume XXXIV Number 33, Filed August 14,2014, Proposed by #10646, Effective 8/1/2015.Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10964, Effective 11/2/2015, Expires 11/2/2025.Amended by Volume XLI Number 32, Filed August 12, 2021, Proposed by #13220, Effective 7/1/2021, Expires 7/1/2031.