How the NH Therapeutic Cannabis Program (TCP) Protects Both Your Privacy and 2A Rights

If you register with the Therapeutic Cannabis Program (TCP) and obtain your Cannabis Carry License™, you will be legally authorized to purchase and possess cannabis under state law. This generally means you will not have to worry about being fined or arrested by state or local police. 

Cannabis remains illegal under federal law, but fortunately, the US Congress has shielded state medical cannabis programs from federal interference, specifically including the US Dept of Justice (DOJ) and the Bureau of Alcohol, Tobacco & Firearms (ATF). As a result, registered patients and caregivers are protected from federal prosecution as long as they comply with state laws.

The legislators who wrote New Hampshire’s therapeutic cannabis law understood that federal agencies may not respect state medical cannabis laws, so they made sure to include strong privacy protections:

• The TCP must maintain a secure, confidential registry, which cannot be shared with federal agencies.
• The TCP can only share information on patients or caregivers with N.H. law enforcement under very limited circumstances: if they “have detained or arrested an individual who claims to be engaged in the therapeutic use of cannabis,” or if they submit a sworn affidavit indicating that they have probable cause.
• Members of N.H. law enforcement are prohibited from sharing registered patients’ or caregivers’ information with any law enforcement agency that “does not recognize the protection” of the therapeutic cannabis law.

 

• H. dispensaries operate in compliance with HIPAA and are subject to strict additional regulations that protect patients’ and caregivers’ privacy.

In light of the ongoing federal prohibition of cannabis, it is important that N.H. law provides a strong degree of legal protection and privacy protection for registered patients and caregivers.

As further protection, legislation is expected to be introduced in the next session that will attract broad bi-partisan support to update the current NH TCP law to state that:

“Registered New Hampshire cannabis patients who use, distribute, possess or cultivate medical marijuana under New Hampshire’s therapeutic cannabis program (TCP) may purchase, possess and transfer firearms in accordance with New Hampshire law”.

The effect would be that the US DOJ as well as the ATF and DEA would be barred from interfering with any of the provisions of our state’s medical cannabis program, specifically including registered medical cannabis patients exercising their 2A rights.