By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed November 18, 2024
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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 approve of cannabis legalization.
Recently, House Bill 1633 (HB1633-FN-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 in June 2024. Medical marijuana remains available for qualified patients.
Let's take a look at how the medical marijuana program works as we examine marijuana laws in New Hampshire.
In 2013, the New Hampshire legislature passed of House Bill 573-FN (HB 573-FN) to legalize marijuana for medical purposes. The law was also known as the Use of Cannabis for Therapeutic Purposes Act.
Medical cannabis and cannabis products are available for registered patients in New Hampshire's Therapeutic Cannabis Program (TCP), which is part of the Department of Health and Human Services.
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.
Marijuana is a Schedule I drug under the Controlled Substances Act (CSA). 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, as of November 2024, marijuana possession remains a federal crime.
While possessing cannabis is illegal for non-patients, New Hampshire decriminalized some possession charges with House Bill 640 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.
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.
All sales outside of Alternative Treatment Centers (ATC) 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.
The Therapeutic Cannabis Program 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 from a physician in New Hampshire, Vermont, Maine, or Massachusetts. Your meeting must be in person.
Eligible patients must be suffering from a qualifying medical condition. 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:
Qualifying diagnoses require a symptom as well to be eligible for medical cannabis treatment. The diagnoses are:
The paired symptoms can be any of the following:
If you aren't sure if you qualify, speak to your doctor or contact the TCP.
Once you have the written certification, you can complete the TCP application form. You can mail or hand-deliver your application, the certification, proof of New Hampshire residence, and a check or money order for $50 to:
NH Department of Health and Human Services
Therapeutic Cannabis Program
29 Hazen Drive
Concord, NH 03301
The department will approve or deny complete applications within 15 days. If approved, you will get your Registry ID Card within five days. The TCP will request any missing documents.
When you have your Registry ID Card in hand, you or your caregiver can make medical cannabis purchases at an Alternative Treatment Center (ATC) dispensary. ATCs are non-profit businesses licensed by the state to provide medical marijuana for patients.
Patients are limited to purchasing 2 ounces/56.7 grams of cannabis or cannabis products every 10 days. This is also the possession limit. Any combination of cannabis flower and THC-infused cannabis products is permitted as long as the total stays equal to or below the possession limit.
Besides marijuana flower, these other types of cannabis products are legal to buy from a New Hampshire ATC:
There are no taxes on medical marijuana purchases in New Hampshire. Private cultivation remains illegal for TCP patients. New Hampshire honors reciprocity for out-of-state patients with medical marijuana cards.
Operating a motor vehicle under the influence of cannabis carries the same punishment as an alcohol-related DUI. You can't be forced to submit to physical tests, but refusal triggers a 180-day suspension of your driver's license for a first offense.
The table below reviews what you've learned in this article and a detailed summary of marijuana offenses and penalties under New Hampshire law.
| Relevant New Hampshire marijuana laws | New Hampshire Statutes Title X — Public Health
Title XXX — Occupations and Professions
|
|---|---|
| New Hampshire marijuana possession limits and penalties | Recreational possession or use of marijuana is illegal in New Hampshire. But state decriminalization means that possession of 0.75 ounces/21.3 grams or less is a violation and will result only in a fine. Medical marijuana patients and caregivers registered in the Therapeutic Cannabis Program (TCP) can possess up to 2 ounces /56.7 grams of cannabis or cannabis products. Illegal Marijuana Possession Penalties:
Possession can get charged as possession with intent to sell when appropriate. |
| New Hampshire marijuana trafficking, sales, or possession with intent to sell penalties | All personal sales, trafficking, or possession with intent to sell are illegal in New Hampshire.
|
| New Hampshire marijuana cultivation penalties | All personal cultivation is illegal in New Hampshire. The weight of the cannabis involved determines penalties and can get charged as possession, sales, or possession with intent to sell. |
| Is medical marijuana legal in New Hampshire? | Yes. It's available for eligible patients with a doctor's recommendation through the TCP. |
| New Hampshire marijuana paraphernalia penalties | The sale or possession of marijuana paraphernalia is illegal in New Hampshire. The penalty for a paraphernalia offense is up to one year in jail and a fine of up to $2,000. |
Note: State laws are subject to change through the passage of new legislation rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a New Hampshire drug law attorney or conduct independent legal research to verify the status of any New Hampshire state laws you are reviewing.
It's not difficult to run afoul of New Hampshire marijuana laws. Even registered medical cannabis patients have rules and restrictions they must follow. The strict penalties can wreak havoc in your life.
If you find yourself in marijuana-related trouble, consider speaking to a New Hampshire criminal defense attorney to get help. They can offer legal advice, explain your options, and represent you in court.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many New Hampshire attorneys offer free consultations for Drug Crime.
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