New Hampshire Marijuana Laws

New Hampshire has legalized use of medical marijuana for any of a long list of conditions. Recreational use is banned, although possession of small amounts for first or second-time offenders comes with no more than a small fine.

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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 three years, the maximum fine increases to $300. A fourth offense within three 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
p to 3/4 oz (first or second offense)* Civil violation None $ 100
Over 3/4 oz Misdemeanor 1 year $ 350
* See Penalty Details section 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 one ounce or less, the maximum sentence on a first offense is three years in prison and $25,000 in fines.

If the weight is between one ounce and five 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.

Subsequent offenses come with increased sentences and fines, as do offenses that take place within 1000 feet of a school zone.

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 Penalty Details 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

Hash and Concentrates

Possession of hashish or marijuana concentrates is a misdemeanor, unless the amount is less than five grams, which is a civil violation subject to a maximum $100 fine. Possessing more than five 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 three years in prison and $25,000 in fines.

The maximum for between five grams and one pound is seven years and $100,000. And the penalty for manufacturing, selling, or possessing concentrates with intent to sell more than one 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 Column 3 Value 5 Column 4 Value 5
* See Penalty Details 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 one 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
  • 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
  • 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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