Section He-C 402.03 - Definitions(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.N.H. Admin. Code § He-C 402.03
Adopted byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10731, Effective 11/25/2014.Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10961, Effective 10/23/2015, Expires 10/23/2025.Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12653, Effective 11/1/2018, Expires 11/1/2028.