New Hampshire Cannabis Laws

Offense Penalty Incarceration   Max. Fine

Possession

Any amount Misdemeanor 1 year $ 350

Sale or Possession with Intent to Sell

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 Penalty Details section for information.
Within 1000 feet of a school zone carries a double sentence and fine.

Cultivation

See Possession and Sale sections for details.

Hash & Concentrates

Possession of 5 g or less Misdemeanor 1 year $ 2,000
Possession of more than 5 g Misdemeanor 1 year $ 5,000
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
Subsequent offense carries a greater sentence and fine. See Penalty Details section for information.

Paraphernalia

Sale or possession of paraphernalia Misdemeanor 1 year $ 2,000

Miscellaneous

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.

Penalty Details

Possession

On June 21st, Governor Maggie Hassan signed legislation, Senate Bill 498, into law to reduce the penalty for first-time possession of marijuana offenses from a Class A offense to an unspecified misdemeanor. Possession of any amount is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $350.

See

  • Senate Bill 498 Web Search
  • 318 B:2 of the New Hampshire Criminal Code Web Search
  • 318 B:1 et seq. of the New Hampshire Criminal Code Web Search
  • 318-B:26 of the New Hampshire Criminal Code Web Search
  • 651:2 of the New Hampshire Criminal Code Web Search

Sale

Includes possession with intent to sell.

The sale of less than 1 ounce for a first offense is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $25,000. A Subsequent offense is a felony punishable by a maximum sentence of 6 years imprisonment and a maximum fine of $50,000.

The sale of 1 ounce – less than 5 pounds for a first offense is a felony punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $100,000. A Subsequent offense is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $200,000.

The sale of 5 pounds or more for a first offense is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $300,000. A Subsequent offense is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $500,000.

Sale within 1,000 feet of a school zone is a felony punishable by a doubling of the sentence and the fine.

See

  • 318 B:2 of the New Hampshire Criminal Code Web Search
  • 318 B:1 et seq. of the New Hampshire Criminal Code Web Search
  • 318-B:26 of the New Hampshire Criminal Code Web Search

Cultivation

Cultivation in New Hampshire will be punished based upon the aggregate weight of the plants found. See the “Possession” and “Sale” sections for further penalty details.

Hash & Concentrates

Possessing 5 grams or less of hashish or concentrates is a class A misdemeanor punishable by a fine no greater than $2,000 and a term of imprisonment no greater than 1 year. Possessing 5 grams or more of hashish is a misdemeanor punishable by a fine no greater than $5,000 and a term of imprisonment no greater than 1 year.

See

  • 318-B:26(II) of the New Hampshire Criminal Code Web Search
  • 651:2 of the New Hampshire Criminal Code Web Search

The sale of less than 5 grams for a first offense is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $25,000. A Subsequent offense is a felony punishable by a maximum sentence of 6 years imprisonment and a maximum fine of $50,000.

The sale of 5 grams – less than 1 pound for a first offense is a felony punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $100,000. A Subsequent offense is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $200,000.

The sale of 1 pound or more for a first offense is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $300,000. A Subsequent offense is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $500,000.

If any of the offenses occurred with 1,000 feet of a school the fines and terms of imprisonment double.

See

  • 318-B:26 of the New Hampshire Criminal Code Web Search

Any device or equipment used to manufacture hashish or concentrates is considered drug paraphernalia. Manufacturing, or delivering any such device or equipment is a misdemeanor punishable by a fine no greater than $2,000 and/or a term of imprisonment no greater than 1 year.

See

  • 318-B1(X-a) of the New Hampshire Criminal Code Web Search
  • 318-B:26(III) of the New Hampshire Criminal Code Web Search

Paraphernalia

The sale or possession of paraphernalia is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

See

  • 318 B:1 et seq. of the New Hampshire Criminal Code Web Search
  • 318 B:2 318 B:1 et seq. of the New Hampshire Criminal Code Web Search
  • 318-B:26 of the New Hampshire Criminal Code Web Search

Miscellaneous

Persons under 21 years of age will face a driver’s license suspension for 90 days- 1 year.

See

  • 318 B:2 of the New Hampshire Criminal Code Web Search

Any person under 18 years of age who is convicted sale or possession with intent to sell controlled drugs shall be subject to revocation or denial of a driver’s license or privilege to drive for a mandatory period of at least one year and a maximum period of up to 5 years. In the case of denial of an application for a license under this section, the period imposed shall begin on the date the person is eligible by age for the issuance of a license.

See

  • 263:56-b of the New Hampshire Criminal Code Web Search
DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

MEDICAL MARIJUANA
QUALIFYING CONDITIONS
  • ALS
  • Alzheimer’s disease
  • Cachexia
  • Cancer
  • Chemotherapy induced anorexia
  • Chronic Pain (effective August 16, 2017)
  • Chronic pancreatitis
  • Crohn’s disease
  • Elevated intraocular pressure
  • Epilepsy
  • Glaucoma
  • Hepatitis C (currently receiving antiviral treatment)
  • HIV/AIDS
  • Lupus
  • Moderate to severe vomiting
  • Multiple Sclerosis
  • Muscular Dystrophy
  • Nausea
  • Parkinson’s disease
  • Persistent muscle spasms
  • 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, no more than four

STATE-LICENSED DISPENSARIES OPERATIONAL

Yes

CAREGIVERS

No

ESTIMATED NUMBER OF REGISTERED PATIENTS
RECIPROCITY

Yes, for patients with conditions that are also classified as qualifying conditions in New Hampshire. Out of state patients may not service New Hampshire dispensaries, but may legally possess medical marijuana if they have entered the state with it.

Thank you, NORML.ORG for this comprehensive look at New Hampshire’s cannabis laws.