{"id":374911,"date":"2016-03-31T21:35:56","date_gmt":"2016-04-01T02:35:56","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-hampshire-law\/new-hampshire-marijuana-laws.html"},"modified":"2024-11-18T15:55:45","modified_gmt":"2024-11-18T20:55:45","slug":"new-hampshire-marijuana-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-hampshire-law\/new-hampshire-marijuana-laws.html","title":{"rendered":"New Hampshire Marijuana Laws"},"content":{"rendered":"\n
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New Hampshire Marijuana Laws<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

New Hampshire continues to try to pass legislation to legalize adult-use recreational marijuana, but success is elusive. Lawmakers in the New Hampshire House and New Hampshire Senate continue to fail at the task. A University of New Hampshire poll showed that almost two-thirds of New Hampshire residents<\/a> approve of cannabis legalization.<\/p>\r\n

Recently, House Bill 1633 (HB1633-FN-A)<\/a> appeared to have enough support to pass and overcome a threatened veto from outgoing Republican Gov. Chris Sununu. Unfortunately, changes made to the bill weakened its support. The proposal got tabled<\/a> in June 2024. Medical marijuana<\/a> remains available for qualified patients.<\/p>\r\n

Let’s take a look at how the medical marijuana program works as we examine marijuana laws in New Hampshire.<\/p>\r\n

How Marijuana Laws Work in New Hampshire<\/h2>\r\n

In 2013, the New Hampshire legislature passed of House Bill 573-FN (HB 573-FN)<\/a> to legalize marijuana for medical purposes. The law was also known as the Use of Cannabis for Therapeutic Purposes Act.<\/p>\r\n

Medical cannabis and cannabis products are available for registered patients in New Hampshire’s Therapeutic Cannabis Program (TCP)<\/a>, which is part of the Department of Health and Human Services.<\/p>\r\n

Outside the TCP, any possession of marijuana for personal use remains illegal. There is no recreational use allowed. This makes New Hampshire the last state in New England to ban the use of small amounts of marijuana by adults. Medical patients must use marijuana products in their private residences.<\/p>\r\n

Marijuana is a Schedule I drug<\/a> under the Controlled Substances Act (CSA)<\/a>. This means any possession or use of marijuana on federal lands, such as a national park, violates federal law. While reclassification is on the horizon<\/a>, as of November 2024, marijuana possession remains a federal crime.<\/p>\r\n

While possessing cannabis is illegal for non-patients, New Hampshire decriminalized some possession charges with House Bill 640<\/a> in 2017. With first-time and second-time possession offenses that are 0.75 ounces\/21.3 grams or less, the charge is a civil violation that carries a fine of $100. A third offense within three years of the original infraction is a fine of $300; subsequent offenses are class B misdemeanors and entail a fine of $1,200.<\/p>\r\n

Possession of more than 0.75 ounces\/21.3 grams is a class A misdemeanor, punishable by up to a year in jail. Possession of larger amounts can get charged as possession with intent to sell.<\/p>\r\n

All sales outside of Alternative Treatment Centers (ATC)<\/a> in New Hampshire are illegal and charged as felony offenses. All private cultivation of marijuana plants is also against the law. Possession and sale of marijuana paraphernalia is also illegal. Based on the amount, it can bring serious criminal charges. Even a small amount may result in misdemeanor charges, a possible year in jail, and a fine of up to $2,000.<\/p>\r\n

New Hampshire Medical Marijuana Laws<\/h2>\r\n

The Therapeutic Cannabis Program<\/a> oversees New Hampshire’s medical marijuana use. To buy medical cannabis and cannabis products, a patient must be part of the TCP. You’ll need a written certification<\/a> from a physician in New Hampshire, Vermont, Maine, or Massachusetts. Your meeting must be in person.<\/p>\r\n

Eligible patients must be suffering from a qualifying medical condition<\/a>. This can be either certain stand-alone medical conditions or a combination of a qualifying diagnosis and a qualifying symptom. Qualifying stand-alone conditions include:<\/p>\r\n