Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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Both federal and state laws prohibit the trafficking, sales, and possession of cocaine. Most states list cocaine as a Schedule I or Schedule II controlled substance, which means they have the stiffest penalties for offenders compared to marijuana and some other illicit drugs. Most states are moving toward a harm-reduction approach to drugs, offering "drug court" options that often provide treatment and probation instead of prison time for non-violent offenders. The federal Drug Enforcement Agency (DEA) focuses primarily on organized crime and larger cases that span two or more states, while states handle possession and other cases.
New Hampshire has some of the toughest drug laws in the country, with the possibility of prison for possession of any amount of cocaine. New Hampshire is one of only a few states that still has tougher sentencing guidelines for crack cocaine than for powder. The state offers alternatives to prison for non-violent drug offenders who agree to undergo treatment and regular monitoring during a probationary period.
See FindLaw's Drug Charges section for more articles.
| Code Section | 318-B:1, et seq. |
| Possession | Possession of any amount -- unless intent to distribute is determined -- charged as a Class B felony (up to 7 yrs. and/or up to $2,000 fine); charged as Class A felony for second offense (up to 15 yrs. and/or $4,000 fine) |
| Sale/Trafficking |
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| Crack Cocaine | Less than 1g: up to 7 yrs. and/or $100,000 fine; more than 1g but less than 5g: up 40 yrs. and/or $500,000 fine; more than 5g: up to life imprisonment and/or $500,000 fine |
| Is Drug Court Available? | Yes (New Hampshire Judicial Branch: Drug and Mental Health Courts) |
Note: State laws are always subject to change at any time through the enactment of newly signed legislation, decisions from higher courts, and other means. Be sure to contact a New Hampshire drug crime attorney or conduct your own legal research to verify the state law(s) you are researching.
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