is weed legal in new hampshire

Is Weed Legal In New Hampshire: Full Guide

Table of Contents

New Hampshire is dubbed the Granite State, known for its stunning scenery, including the White Mountains and the Lakes Region. Visitors can enjoy outdoor activities such as hiking and skiing, and the state is famous for its fall foliage. The state’s thriving craft beer and wine industry makes it a great destination for those who enjoy locally made libations. Is weed legal in New Hampshire? The latest updates come with much enthusiasm from cannabis crusaders in this New England state. Here’s the info on getting high in New Hampshire. 

Is Weed Legal in New Hampshire? Straight to the point.

  • Recreational THC: Yes, pending
  • Medical THC: Yes
  • CBD: Yes 
  • Delta-8: Yes

Medical Weed Laws

In New Hampshire, medical marijuana is legal for patients who have qualifying medical conditions. The state established The Therapeutic Cannabis Program, which allows patients to obtain medical marijuana from licensed dispensaries legally. Patients are allowed to possess up to two ounces of cannabis for therapeutic use, and they can also designate a caregiver to assist with obtaining and administering their medical marijuana. The program has helped many patients manage their symptoms and improve their quality of life. 

Qualifying medical conditions are set a little differently in NH. A patient must be diagnosed with a stand-alone medical condition OR a combination of a qualifying diagnosis and a qualifying symptom.

Stand-Alone Medical Conditions:

  • Autism spectrum disorder (age 21 and older)
  • Autism spectrum disorder (under age 21) (requires a consultation with a certified provider of child and/or adolescent psychiatry, developmental pediatrics, or pediatric neurology, who (1) confirms that the autism spectrum disorder has not responded to previously prescribed medication or that other treatment options produced serious side effects and (2) supports certification for the use of therapeutic cannabis)
  • Moderate or severe post-traumatic stress disorder
  • Moderate to severe chronic pain
  • Severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects
  • Opioid use disorder, with associated symptoms of cravings or withdrawal (requires a provider who is actively treating the patient for opioid use disorder and who is board-certified in Addiction Medicine or Addiction Psychiatry)

Combination of a Qualifying Diagnosis AND a Qualifying Symptom: 

Qualifying Diagnoses:

  • Acquired immune deficiency syndrome
  • Alzheimer’s disease
  • Amyotrophic lateral sclerosis
  • Cancer
  • Chronic pancreatitis
  • Crohn’s disease
  • Ehlers-Danlos syndrome
  • Epilepsy
  • Glaucoma
  • Hepatitis C
  • Lupus
  • Multiple sclerosis
  • Muscular dystrophy
  • One or more injuries or conditions that has resulted in one or more qualifying symptoms
  • Parkinson’s disease
  • Positive status for human immunodeficiency virus
  • Spinal cord injury or disease
  • Traumatic brain injury
  • Ulcerative colitis

Qualifying Symptoms:

  • Agitation of Alzheimer’s disease
  • Cachexia
  • Chemotherapy-induced anorexia
  • Constant or severe nausea
  • Elevated intraocular pressure
  • Moderate to severe insomnia
  • Moderate to severe vomiting
  • Seizures
  • Severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects
  • Severe, persistent muscle spasms
  • Wasting syndrome

To obtain a medical marijuana card, you must complete a patient application, submit a completed written certification from your healthcare provider, including a $50 application fee, and show proof of NH residency along with a copy of your driver’s license. 

Recreational Weed Laws

The New Hampshire House of Representatives passed a bill to legalize marijuana on February 22, 2023. The newly named Liquor and Cannabis Commission will oversee the marijuana market, with no statewide cap on the number of licensed marijuana businesses. 

Adults over 21 years old may purchase, possess, and give up to four ounces of cannabis. Regulations will be developed by the state Department of Health and Human Services and the commission to allow existing medical cannabis dispensaries to apply for dual licenses to serve adult consumers within 18 months.

Cannabis cultivators will be taxed at 15 percent of their monthly gross revenue, with 80 percent of tax revenue going to an education trust fund. However, home cultivation and the annulment of prior cannabis convictions are not included, and localities may prohibit marijuana businesses from operating in their area. 

The Senate rejected two House-passed reform bills last year, including one for a non-commercial cannabis program and another for a state-run model. As the law has only recently passed, the specific regulations and laws have yet to be determined. It is confirmed that individuals must be 21 years or older to purchase, possess and buy it from a state-licensed store or facility. However, we will continue to update you with new information as it becomes available.

Is Weed Decriminalized in New Hampshire?

Yes, marijuana has been decriminalized to some extent in New Hampshire. This means that first-time possession of a small amount of marijuana for personal consumption will not result in prison time or a criminal record. Instead, the offense is treated similarly to a minor traffic violation.

Cannabinoid Variants

Marijuana-derived cannabinoids like THC are regulated and sold through state-licensed channels only. Yet, hemp-derived cannabinoids do not follow the same rules. In fact, each state has the option to determine how they view these variants. The following explains New Hampshire’s view on several popular alt noids.

Is CBD legal in New Hampshire?

The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products. 

The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. In simple words, yes, CBD is legal in New Hampshire.

Is Delta-8 legal in New Hampshire?

Delta-8 has become a popular cannabinoid for its effects that mirror those of its psychoactive sister, Delta-9. Because Delta-8 is created from hemp, it falls under the protection of the Farm Bill and is legal in New Hampshire.

Is Delta-10 legal in New Hampshire? 

Delta-10 is produced much like Delta-8 and offers even milder highs. So long as it contains less than 0.3% Delta-9 THC it is legal for use and sale in New Hampshire.

Are THC-O and other THC variants legal in New Hampshire? 

In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023. 

The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids. 

The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers. 

For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.

Are HHC and HHC-O legal in New Hampshire?

Hydrogenated THC (HHC) and its acetate version, HHC-O, are both considered legal under federal law and in the state of New Hampshire. However, it is important to note that the Delta-9 THC content of any hemp product must remain below the legal threshold of 0.3%, as stated in the 2018 Farm Bill.

Cultivation Laws

Currently, individuals who are 21 years of age or older can possess and use recreational marijuana in New Hampshire. Still, laws and regulations regarding cultivation for personal or commercial purposes have yet to be established. All marijuana products must be bought from state-licensed stores or facilities. 

As laws and regulations for recreational marijuana, including cultivation, sale, and distribution, are developed, we’ll keep you updated. The home grow bill permits registered cannabis patients and designated caregivers to cultivate up to three mature plants, three immature plants, and 12 seedlings in an enclosed, locked area that must be reported to regulators at the Department of Health and Human Services (DHHS).

Where to Buy Weed in New Hampshire

Fortunately, there are plenty of places to get high in New Hampshire. Here’s how to stock up your stash. 


In New Hampshire, marijuana products can only be purchased from one of seven state-licensed dispensaries. As of now, the state has not established any recreational marijuana stores. However, existing medical marijuana dispensaries may be able to apply for dual licenses to serve adult consumers within 18 months of enactment. 


The delivery of marijuana is not yet legal in New Hampshire for recreational purposes. However, the state has recently passed a bill that allows for medical marijuana deliveries to registered patients who are unable to travel to dispensaries due to illness or disability. The deliveries must be made by a licensed alternative treatment center and comply with all state regulations. 

Direct to Consumer

As of now, there are no specific laws or regulations in New Hampshire regarding the direct-to-consumer sale of THC products online. However, consumers may purchase hemp-derived cannabinoids in smoke shops, convenience stores, or through various brick-and-mortar locations and online retailers. 

Black Market

Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.

General FAQ

Where can you smoke weed in New Hampshire?

In New Hampshire, it is illegal to smoke or consume marijuana in public places. This includes streets, sidewalks, parks, beaches, and other public areas. It is also illegal to smoke or consume marijuana in a motor vehicle, whether you are the driver or a passenger.

Generally, you are only allowed to smoke weed in private residences. However, the laws around smoking marijuana vary depending on your lease agreement or homeowners association rules. 

Can you smoke weed in public in New Hampshire? 

No, it is illegal to smoke weed in public in New Hampshire. Under state law, smoking marijuana in public is considered a violation and can result in a fine. It is also prohibited to consume marijuana in a motor vehicle or on school grounds. It is recommended to consume marijuana in a private residence with the permission of the owner.

When was weed legalized in New Hampshire?

Medical marijuana was legalized in New Hampshire on July 23, 2013, and a recreational marijuana bill was passed on February 22, 2023.

Punishment for Illegal Acts FAQ

What are the penalties for selling, gifting, transporting, or importing weed?

In New Hampshire, selling, gifting, transporting, or importing marijuana is illegal and is considered a criminal offense. Penalties vary depending on the amount of marijuana involved and whether it is a first or subsequent offense.

For possession of less than one ounce of marijuana with intent to distribute, the penalty is a fine of up to $2,000 and up to one year in jail for a first offense. For a second or subsequent offense, the penalty is a fine of up to $4,000 and up to three years in jail.

For possession of one ounce or more of marijuana with intent to distribute, the penalty is a felony offense, which carries a fine of up to $25,000 and a prison term of up to seven years.

The penalties for gifting, transporting, or importing marijuana are also severe and can result in fines, jail time, or both. It is important to note that these penalties apply even if the marijuana was legally obtained in another state or country where it is legal.

What is the penalty for selling to a minor?

In New Hampshire, selling or providing marijuana to a minor is a felony offense and can result in a sentence of up to 20 years in prison and/or a fine of up to $300,000. Additionally, anyone convicted of this offense is not eligible for parole until they have served at least one-third of their sentence.

What is possession with the intent to sell?

In New Hampshire, possessing marijuana with the intent to distribute is considered a felony offense with severe penalties. It means having an amount of cannabis beyond what is reasonable for personal use and can exceed legal limits. If convicted, the punishment can range from one year to a maximum of 50 years in prison, depending on the quantity and context of the crime. Other legal ramifications and fines may also be applicable.

When is possession a crime?

For possessing one ounce or less of marijuana for personal use in New Hampshire, an individual can be charged with an infraction and face a maximum fine of $300. A second conviction can result in a Class IV misdemeanor with a maximum fine of $500. A third or subsequent conviction can lead to a Class IIIA misdemeanor with a maximum sentence of 7 days imprisonment and a fine of up to $500.

Possession of more than one ounce to one pound of marijuana is considered a Class III misdemeanor, carrying a maximum prison sentence of 3 months and a fine of up to $500. Possession of over one pound of marijuana is a Class IV felony, with a maximum sentence of 5 years imprisonment and a fine of up to $10,000.

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