New Hampshire Marijuana Laws

New Hampshire allows marijuana for medical use, but it is illegal for all other purposes. If you are a resident of The Granite State, you can avoid penalties by researching the local paraphernalia laws.

New Hampshire Marijuana Attorneys

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

NewHampshire_shepherdandosborne
NewHampshire_tighelaw

LAW BREAKDOWN

Cannabis is allowed for medical use in New Hampshire but is legally prohibited for any other purpose, including recreation. The state has not decriminalized the drug, so there are criminal penalties for possession, sale, possession with intent to sell, cultivation, concentrates, and paraphernalia.

Possession

Simple possession of any amount of marijuana is a misdemeanor in New Hampshire. The maximum penalty for this offense is one 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.

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 is three years in prison and $25,000 in fines.

If the weight is between 1 ounce and 5 pounds, the top penalty is seven years in prison and a $100,000 fine. If the amount is greater than five pounds, penalties include a maximum of 20 years in prison and $300,000.

Cultivation

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

Hash and Concentrates

Possession of hashish or marijuana concentrates is a misdemeanor. If the amount is 5 grams or less, the punishment tops out at one year in prison and $2,000 in fines. For more than 5 grams, the maximum sentence is one year in jail and $5,000.

It is a felony to manufacture concentrates, sell them, or possess them with intent to sell. Where the weight is 5 grams or less, the top punishment is three years in prison and $25,000 in fines.

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

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 one year in jail and $2,000 in fines, unless the items are marketed, sold, and used only for legal purposes.

MEDICAL MARIJUANA

New Hampshire allows the therapeutic use of cannabis to treat a list of qualifying conditions. The law was signed in 2013, but still remains largely inoperative.

Qualifying conditions – Amyotrophic Lateral Sclerosis (ALS), Alzheimer’s disease, Cachexia, Cancer, Chemotherapy-induced anorexia, Chronic pancreatitis, Crohn’s disease, Elevated intraocular pressure, Epilepsy*, Glaucoma, Hepatitis C, 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 previous medication), Spinal cord injury or disease, traumatic brain injury

Patient possession limits – Two ounces

Home cultivation – No

State-licensed dispensaries – Not yet

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.

Contact informationNew Hampshire Department of Health and Human Services

PENALTIES

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.