New Hampshire Marijuana Laws

Though recreational use remains illegal in New Hampshire, possession of 21 grams of cannabis or up to 5 grams of hash is decriminalized. The Therapeutic Cannabis Program allows residents 18 and older who suffer from a qualifying condition to register as a patient. Patients are limited to purchasing no more than two ounces of marijuana within a 10-day period from a licensed dispensary.

New Hampshire marijuana laws
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Cannabis is allowed for medical use in New Hampshire, and possession of small amounts for recreational personal use has been decriminalized, but it is a crime to possess more than the specified limits.

Possession

Simple possession of up to three-quarters of an ounce of marijuana is a civil violation in New Hampshire, subject to no more than a $100 fine on a first and second offense. On a third offense within 3 years, the maximum fine increases to $300. A fourth offense within 3 years is subject to a potential fine of $1200.

Possession of more than three-quarters of an ounce in a misdemeanor punishable by up to a year in jail and $350 in fines. Minors convicted of any cannabis offense, including simple possession, are subject to suspension of their driver’s licenses.

Offense Penalty Incarceration Max. Fine
Up to 3/4 oz (first or second offense)* Civil violation None $ 100
Up to 3/4 oz (third offense)* Civil violation None $ 300
Up to 3/4 oz (fourth offense)* Civil violation None $ 1200
3/4 oz or more Misdemeanor 1 year $ 350
* See section above for more information.

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Sale and Possession with Intent

It is a felony in New Hampshire to sell any amount of marijuana or to possess it with intent to sell or distribute it. If the amount is 1 ounce or less, the maximum sentence on a first offense is 3 years in prison and $25,000 in fines. On a subsequent offense, the penalty is up to 6 years imprisonment and a maximum fine of $50,000

If the weight is between 1 ounce and 5 pounds, the top penalty is 7 years in prison and a $100,000 fine on a first offense. On a subsequent offense, there is a maximum sentence of 15 years imprisonment and a maximum fine of $200,000.

If the amount is greater than 5 pounds, penalties include a maximum of 20 years in prison and a $300,000 fine on a first offense. A subsequent offense is punishable by a maximum sentence of 40 years imprisonment and a maximum fine of $500,000.

Offenses that take place within 1000 feet of a school zone are subject to double the fines.

Offense Penalty Incarceration Max. Fine
Less than 1 oz (first offense) Felony 3 years $ 25,000
1 oz – less than 5 lbs (first offense) Felony 7 years $ 100,000
5 lbs or more (first offense) Felony 20 years $ 300,000
Subsequent offense carries a greater sentence and fine. See above section for information.
Within 1000 feet of a school zone carries a double sentence and fine.

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Cultivation

Growing cannabis is also a crime in Hampshire. Cultivation is treated as a possession offense, with the same weight limits and penalties.

See Possession and Sale sections for details

Concentrates

Possession of hashish or marijuana concentrates is a misdemeanor, unless the amount is less than 5 grams, which is a civil violation subject to a maximum $100 fine on a first and second offense. On a third offense within 3 years of the first offense, the fine is $300. On a fourth offense within 3 years of the first offense, the fine is up to $1200.

Possessing more than 5 grams is punishable by up to $350 in fines and a year in jail.

It is a felony to manufacture concentrates, sell them, or possess them with intent to sell. Where the weight is five grams or less, the top punishment is 3 years in prison and $25,000 in fines.

The maximum for between 5 grams and 1 pound is 7 years and $100,000. And the penalty for manufacturing, selling, or possessing concentrates with intent to sell more than 1 pound cannot exceed 20 years in prison and a top fine of $300,000.

Offense Penalty Incarceration Max. Fine
Possession of 5 g or less (first or second offense)* Civil violation None $ 100
Possession of more than 5 g Misdemeanor 1 year $ 350
Manufacturing, selling, or possessing with intent to sell of less than 5 g Felony 3 years $ 25,000
Manufacturing, selling, or possessing with intent to sell of 5 g – less than 1 lb Felony 7 years $ 100,000
Manufacturing, selling, or possessing with intent to sell of 1 lb or more Felony 20 years $ 30,000
* See above section for information.
Subsequent offense carries a greater sentence and fine. See Penalty Details section for information.

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Paraphernalia

Paraphernalia, including any items used in the cultivation, harvesting, analysis, testing, storage or use of marijuana, is also banned under New Hampshire law. Sale or possession of any drug paraphernalia is a misdemeanor punishable by up to 1 year in jail and $2,000 in fines, unless the items are marketed, sold, and used only for legal purposes.

Offense Penalty Incarceration Max. Fine
Sale or possession of paraphernalia Misdemeanor 1 year $ 2,000

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Miscellaneous

Offense
Persons under 21 years will face a driver’s license suspension for 90 days – 1 year.
Persons under 18 years will face a driver’s license suspension for 1 – 5 years.

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Medical Marijuana

MEDICAL MARIJUANA

New Hampshire allows the therapeutic use of cannabis to treat a list of qualifying conditions.

QUALIFYING CONDITIONS:

  • ALS
  • Alzheimer’s disease
  • Autism (effective July 1, 2021)
  • Cachexia
  • Cancer
  • Chemotherapy induced anorexia
  • Chronic Pain
  • Chronic pancreatitis
  • Crohn’s disease
  • Ehlers-Danlos syndrome
  • Elevated intraocular pressure
  • Epilepsy
  • Glaucoma
  • Hepatitis C (currently receiving antiviral treatment)
  • HIV/AIDS
  • Insomnia (effective July 1, 2021)
  • Lupus
  • Moderate to severe vomiting
  • Multiple Sclerosis
  • Muscular Dystrophy
  • Nausea
  • Parkinson’s disease
  • Persistent muscle spasms
  • Post-Traumatic Stress Disorder
  • Seizures
  • Severe pain (that has not responded to previously prescribed medication)
  • Spinal cord injury or disease
  • Traumatic brain injury
  • Wasting syndrome

PATIENT POSSESSION LIMITS:
Two ounces

HOME CULTIVATION:
No

STATE-LICENSED DISPENSARIES:
Yes. The number of licensed dispensaries was initially capped at four, although legislation removed this limit in certain counties.

CAREGIVERS:
No

RECIPROCITY:
Yes. Patients with conditions which are also classed as qualifying in New Hampshire are allowed to reciprocate. Out-of-state patients are not permitted to service the state’s medical marijuana dispensaries, but they are permitted to possess medical marijuana.

Marijuana Attorney Directory

New Hampshire Marijuana Attorneys

The following New Hampshire lawyers are actively involved in the practice of cannabis law:

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