New Hampshire’s cannabis laws feature a dual system that treats recreational and medical use differently. These distinct regulations can be confusing, so it is important for residents and visitors to understand the rules for both recreational and therapeutic cannabis to remain compliant with state law.
Recreational Cannabis: Legality and Decriminalization
New Hampshire has not legalized the recreational sale of cannabis, but it has decriminalized the possession of small amounts for adults 18 and older. This 2017 policy treats minor possession as a civil violation, similar to a traffic ticket, rather than a criminal offense. This approach reduces the legal penalties for minor cannabis possession.
However, it is important to understand that decriminalization is not legalization, as the commercial sale, large-scale possession, and public consumption of recreational cannabis remain illegal.
Possession, Cultivation, and Gifting Rules for Recreational Cannabis
For adults 18 and over, the law permits possessing up to three-quarters of an ounce of cannabis or up to five grams of hashish. For adults 21 and older, this also includes cannabis-infused products containing up to 300 milligrams of THC, provided they were legally purchased in another state and remain in their original, child-proof packaging. Possessing amounts greater than this is a misdemeanor offense.
New Hampshire law strictly prohibits the home cultivation of cannabis for recreational use. Similarly, the state does not allow for the “gifting” of cannabis, and any form of unlicensed distribution is prohibited.
New Hampshire’s Therapeutic Cannabis Program
New Hampshire’s Therapeutic Cannabis Program allows individuals with specific qualifying medical conditions to access cannabis for treatment. To participate, a patient must obtain a written certification from a licensed medical provider with prescriptive authority who is managing their condition. Providers may certify a patient for any debilitating or terminal medical condition, or its treatment, that has produced symptoms such as severe pain, nausea, or seizures. Generalized anxiety disorder is also a qualifying condition.
Once certified, a patient must register with the Department of Health and Human Services (DHHS) to receive a registry ID card. This process requires an application, the provider’s certification, proof of New Hampshire residency, and a $50 fee.
Registered patients may possess up to two ounces of cannabis at a time and can purchase a maximum of two ounces within any 10-day period from licensed, non-profit dispensaries known as Alternative Treatment Centers (ATCs). The law also allows patients to designate up to two caregivers. The program accommodates visiting patients from other states or Canada with valid documentation, allowing them to purchase from New Hampshire dispensaries with the same frequency as in-state patients.
Prohibited Actions and Consumption Restrictions
Many cannabis-related activities remain illegal in New Hampshire for everyone. The consumption of cannabis in public spaces is strictly forbidden, including smoking or vaporizing in areas like parks, beaches, or sidewalks, and can result in fines.
State law also restricts how cannabis is transported in a vehicle. It is a violation to transport cannabis in the passenger area unless it is in its original, unopened container. This rule does not apply to therapeutic cannabis possessed by a registered patient or their caregiver, and a violation results in a $150 fine.
Driving under the influence of cannabis is a serious offense.1Justia Law. Section 265-A:2 – Driving or Operating Under Influence of Drugs or Liquor; Driving or Operating With Excess Alcohol Concentration. Under New Hampshire’s implied consent law, any driver is considered to have given consent to testing for drugs. Any detectable amount of THC in the bloodstream can lead to a DWI charge. Furthermore, federal law applies on all federal property, where any possession of cannabis remains illegal.
Penalties for Cannabis-Related Offenses
Penalties for violating New Hampshire’s cannabis laws vary by offense. For recreational users, possessing up to three-quarters of an ounce is a civil violation with a $100 fine for a first or second offense and $300 for a third offense within three years. A fourth offense within three years can be charged as a Class B misdemeanor with a fine up to $1,200.
Possessing more than three-quarters of an ounce is a misdemeanor, punishable by up to one year in jail and a fine of up to $350. The illegal sale of any amount of cannabis is a felony. Selling less than one ounce for a first offense can lead to up to three years in prison and a $25,000 fine.
Driving under the influence of cannabis carries the same penalties as an alcohol-related DWI. A first-offense conviction is a Class B misdemeanor, resulting in a minimum fine of $500 and a driver’s license revocation for nine months to two years.