Model Legislative Language – RSA 126X Amendment

Section 1. Statement of Purpose

The general court finds that:

The right to keep and bear arms is protected by the Second Amendment to the United States Constitution and Article 2-a of the New Hampshire Constitution.
Patients who lawfully participate in New Hampshire’s therapeutic cannabis program should not be forced to surrender their constitutional rights as a condition of accessing medical care.
The ability of qualifying patients to exercise their firearm rights is an integral component of the implementation of New Hampshire’s therapeutic cannabis program.
State law shall not permit cooperation with federal enforcement actions that seek to disarm patients solely on the basis of their lawful participation in this program.

Section 2. New Subsection; Firearms Rights of Patients.

Amend RSA 126X by inserting after section [X] the following new section:

RSA 126X: Firearm Rights of Qualifying Patients.

A qualifying patient, caregiver, or other person lawfully registered under this chapter shall not be denied the right to purchase, possess, carry, or transfer firearms and ammunition under New Hampshire law on the basis of their participation in the therapeutic cannabis program.
For purposes of this chapter, the right to keep and bear arms is deemed an essential and inseparable element of the implementation of the therapeutic cannabis program. Any federal action that criminalizes or burdens the exercise of firearm rights by qualifying patients shall be construed as an action preventing the State of New Hampshire from implementing its therapeutic cannabis law.
No state or local agency, employee, or law enforcement officer shall expend resources, cooperate with, or assist in the enforcement of federal prohibitions against the possession of firearms by qualifying patients acting in compliance with this
The Attorney General shall have authority to intervene, appear, or provide defense in any judicial proceeding where a qualifying patient faces federal prosecution under 18 U.S.C. § 922(g)(3) solely by virtue of their lawful participation in the therapeutic cannabis program.

Section 3. Severability.

If any provision of this act or its application is held invalid, such invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

Strategic Effects

Clause I & II: Make firearm rights an explicit, inseparable element of TCP → triggers Rohrabacher–Farr argument.
Clause III: Adopts a state non-cooperation policy, denying DOJ state enforcement help.
Clause IV: Creates a state-backed litigation vehicle, raising the stakes for federalism arguments in court.

v This language doesn’t override federal law (it can’t under the Supremacy Clause), but it:

Forces courts to face whether Rohrabacher–Farr covers firearm rights.
Maximizes the federalism + Second Amendment framing.
Gives patients stronger state-level backing in litigation.

Legislative Findings and Intent – Firearm Rights of Medical Cannabis Patients

Purpose

This act is intended to ensure that qualifying patients under New Hampshire’s Therapeutic Cannabis Program (TCP) retain their fundamental right to keep and bear arms, and that the State of New Hampshire fully implements its chosen medical cannabis program without interference.

Findings

1. Constitutional Guarantees.

- The Second Amendment to the United States Constitution and Article 2-a of the New Hampshire Constitution guarantee the right of individuals to keep and bear arms for security and defense.
- This right is fundamental and may not be conditioned on participation in a lawful state medical program.

2. Implementation of the Therapeutic Cannabis Program.

The therapeutic cannabis program established under RSA 126X is a duly enacted exercise of the State’s police powers to protect the health and welfare of its citizens.
Patients who are forced to choose between medical care and their firearm rights are effectively denied full participation in the program.
Firearm rights are therefore integral and inseparable from the successful implementation of the program.

3. Federal Appropriations Rider.

Since 2014, Congress has enacted the Rohrabacher–Farr (a.k.a. Rohrabacher–Blumenauer) Amendment, prohibiting the U.S. Department of Justice from using appropriated funds to prevent states from implementing their medical cannabis laws.
By expressly recognizing firearm rights as essential to New Hampshire’s therapeutic cannabis program, any federal enforcement action under 18 U.S.C. § 922(g)(3) against a registered patient constitutes unlawful interference with the State’s program under this federal appropriations rider.

4. Federalism and State Sovereignty.

New Hampshire has the sovereign authority to define the contours of its medical cannabis program.
The State does not recognize the forfeiture of constitutional rights as a condition of medical care.
While federal law may operate independently, the State has no obligation to cooperate with or facilitate federal enforcement actions that undermine New Hampshire’s chosen policies.

5. Need for State Protection.

Patients facing federal prosecution for firearm possession based solely on lawful program participation risk severe penalties and disenfranchisement.
To safeguard the integrity of RSA 126X, the Attorney General must have authority to defend patients in such cases and to assert New Hampshire’s sovereign interests in court.

Intent

It is the intent of the General Court that:

The rights of therapeutic cannabis patients under RSA 126X include the full and equal enjoyment of constitutional firearm rights.
Any federal enforcement of 18 S.C. § 922(g)(3) against registered patients constitutes interference with the State’s ability to implement its therapeutic cannabis program.
New Hampshire law enforcement resources shall not be diverted to support federal prosecutions that conflict with state policy.
This act shall be construed liberally in favor of protecting patients’ rights and the sovereignty of the State of New Hampshire.

Strategic Benefit: Courts often look at legislative findings when evaluating whether a federal action “prevents implementation” under Rohrabacher–Farr. By spelling this out, NH strengthens patients’ ability to argue that firearm rights are part of the protected program.