New Hampshire Marijuana Laws
New Hampshire State Information Page
- Medical Program only
- Decriminalized statewide for minor possession
- Medical patients with qualifying medical conditions can possess up to two ounces; recreational possession is illegal.
- Cultivation is recreationally illegal, and medical patients are not allowed to grow at home.
Medical cannabis is legal in New Hampshire and has been since 2013; however, recreational cannabis has not caught up.
The state has partially decriminalized the possession of small amounts of cannabis, and there are multiple initiatives to get adult-use legalization on the ballot for voters in 2022.
State Laws and Offenses
Here’s a list of penalties for New Hampshire’s possession, sale, and distribution of marijuana, concentrate, or paraphernalia.
- Marijuana is a Schedule I substance in the state of New Hampshire
- Federally, cannabis is still considered a Schedule I Controlled Substance
- Any person 18 years of age or older who possesses less than three-fourths of an ounce of marijuana is guilty of a violation and subject to a fine of 100 USD. This penalty applies to first and second offenses.
- To sell cannabis, less than one ounce for a first offense is a felony punishable by a maximum sentence of three years imprisonment and a maximum fine of 25,000 USD. A Subsequent offense is a felony punishable by a maximum sentence of six years imprisonment and a maximum fine of 50,000 USD
- Cultivation in New Hampshire will be punished based on the aggregate possession limits of the plants found.
- The sale or possession of paraphernalia is a misdemeanor punishable by a maximum sentence of one-year imprisonment and a maximum fine of 2,000 USD.
The following is a New Hampshire’s list of the most common medical conditions that are considered qualifying symptoms for medical use:
- Amyotrophic lateral sclerosis
- Alzheimer’s disease
- Autism spectrum disorder
- Cachexia
- Cancer
- Chemotherapy-induced anorexia
- Chronic Pain (that has not responded to previously prescribed medication)
- Chronic pancreatitis
- Crohn’s disease
- Ehlers-Danlos syndrome
- Elevated intraocular pressure
- Epilepsy
- Glaucoma
- Hepatitis C
- HIV/AIDS
- Severe Insomnia
- Lupus
- Moderate to severe vomiting
- Multiple Sclerosis
- Muscular Dystrophy
- Severe Nausea
- Opioid use disorder
- Parkinson’s disease
- Persistent muscle spasms
- Post-Traumatic Stress Disorder
- Severe vomiting, Seizures
- Severe chronic pain
- Ulcerative Colitis
- Spinal cord injury (one or more injuries)
- Traumatic brain injury
- Wasting syndrome
- Terminal Medical condition (especially where other treatment options produced serious adverse effects)
1.
Book An Appointment
You will schedule an appointment to see a medical marijuana doctor in New Hampshire at a time that is most convenient for you. Provide basic medical history and book your appointment with a licensed medical marijuana doctor. You will need medical records and the doctor can approve any qualifying condition(s).
2.
Evaluation
Consult with a doctor for 15 minutes to evaluate your ailments, and ask any questions you may have about medical marijuana treatment.
3.
Approval
Within 24 hours after the evaluation, the doctor will send your certificate via email for your recommendation for medical marijuana. After receiving that recommendation, you can then apply with the state of New Hampshire to complete the registration process.
Does New Hampshire accept out-of-state medical cards?
No, out-of-state patients can not use their medical cards from another state. However, legislation was enacted in 2021 to allow a “visiting qualifying patient” with a valid registry card to purchase cannabis from licensed dispensaries no more than three times within a year in New Hampshire.
When does my New Hampshire medical card expire?
Medical cards expire 1 year from the date the patient completes the registration process with the state.
New Hampshire marijuana DUI laws
The penalties for operating a motor vehicle and/or commercial vehicle under the influence in New Hampshire are as follows:
- First offense: Misdemeanor; required to submit to an alcohol and drug screening within fourteen days of conviction, needed to complete a Department of Health and Human Services-approved impaired-driver education program before restoration of driving privileges; 500 USD fine; driver’s license will be revoked for nine months up to two years; may require installation of IID, and may require the offender to submit to random urinalysis.
- Second offense: Misdemeanor; mandatory sixty days in county correctional facility; 750 USD fine; must schedule substance use disorder evaluation within thirty days and complete a substance use disorder evaluation within sixty days of release; driver’s license shall be suspended for three years.
- Third offense: Misdemeanor; mandatory 180 days in county correctional facility; 750 USD fine; must schedule substance use disorder evaluation within thirty days and complete a substance use disorder evaluation within sixty days of release; driver’s license shall be revoked indefinitely and shall not be restored for at least five years.
New Hampshire public consumption laws
The state of New Hampshire bans the use of cannabis in public places, including:
- A public bus or other public vehicles
- Any public park, public beach, or public field
The possession of any cannabis in any of the following is prohibited:
- The building and grounds of any preschool, elementary, or secondary school, which are located in an area designated as a drug-free zone
- A place of employment, without the written permission of the property owner
- Any correctional facility
- Any public recreation center or youth center
- Any law enforcement facility
New Hampshire marijuana growing laws
New Hampshire does not permit home cultivation for medical marijuana patients at this time.
New Hampshire city specific laws
The laws listed here are for the state. Cities, counties, schools, universities, and employers may set their own rules and consequences. Be sure to check how marijuana laws differ in each county or town before you use.
In a recent poll, 75 percent of New Hampshire voters supported the legalization of marijuana for adult use.
Marijuana is currently not legal for recreational use in the state of New Hampshire.
Due to the medical program that has been established, it will be permitted for medicinal purposes only. Those who have registered with the state’s Department of Health will be allowed possession.
Recreational marijuana inhalation devices are illegal in the state of New Hampshire. Only non-inhaled forms of cannabis are allowed.
No. Patients and caregivers are not authorized to cultivate their own cannabis at home.
Yes. Here are the requirements for a qualified patient in New Hampshire:
- Submit an application to use therapeutic use of cannabis with the New Hampshire Department of Health and Human Services
- Locate a certifying provider or an advanced practice registered nurse
- Obtain a Physician’s written certification of medical care recommendation
- Copy of a driver’s license or state ID
- Copy of proof that they are New Hampshire residents
- Send a Check or money order for 50 USD to become registered patients with a qualifying medical condition.
- Visit one of the state-approved alternative treatment centers to purchase legal medical marijuana.
Cannabis Policy Reform Timeline
2013: Governor Hassan signed the medical marijuana legalization bill (HB573) to establish a therapeutic cannabis program for patients with chronic diseases, severely debilitating conditions, and severe pain
2014: legislatures voted in favor of legalizing cannabis for adult use in House Bill 492; however, it was never voted on by the Senate
2017: Minor possessions of marijuana were decriminalized, replacing misdemeanor charges with fines
2019: New Hampshire House Bill 364 was passed to allow home cultivation of up to six plants but was later vetoed by the governor
2020: House Bill 1648 awaits a vote in the Senate to legalize home cultivation for patients
Some of the Current Cannabis Bills in New Hampshire
- NH HB1598 - Legalizing the possession and use of cannabis.
- NH HB1306 - Relative to personal possession of marijuana.
- NH HB1400 - Prohibiting law enforcement from using the scent of marijuana as probable cause for a search.
- NH CACR20 - Relating to personal liberty. Providing that adults shall have the right to possess cannabis for personal consumption.
- NH CACR34 - Relating to the use, sale, or cultivation of cannabis. Providing that the state shall make no law prohibiting the use, sale, or cultivation of cannabis for persons over 18 years of age.
Learn more about Cannabis legalization in New Hampshire:
Updated 6.14.2022