New Hampshire Cannabis Law

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A Guide to New Hampshire Cannabis Laws

Marijuana is not legal in New Hampshire, regardless of the quantity you possess. The sole exception is legally acquired medical marijuana.

The Therapeutic Cannabis Program (TCP) maintains a confidential registry of qualifying patients, their caregivers, and their certifying medical providers. The program processes applications and issues cannabis registry ID cards to eligible patients and caregivers. The registry ID cards allow cardholders to purchase therapeutic cannabis from one of the state’s licensed Alternative Treatment Centers (ATCs). The ATCs are independently operated, not-for-profit entities responsible for the cultivation, production, and dispensing of therapeutic cannabis to qualifying patients in New Hampshire. The program regulates the ATCs for safety, quality, and compliance with all applicable laws and regulations.

Criminal Background Checks Are No Longer Required for Designated Caregivers

  1. Starting on July 24, 2022, Designated Caregivers don’t need to get a state and federal criminal background check.
  2. There is still a requirement to not have a felony conviction. The minimum requirements to be a therapeutic cannabis caregiver are:
    1. you must be at least 21 years old,
    1. you must never have been convicted of a felony in this or any other state, and
    1. an approved qualifying patient must have designated you as their caregiver.

Registry ID Card

  • The process and paperwork is the same each year whether you are a new applicant or renewing your card:
    • A completed Patient Application
    • A completed Written Certification
    • $50 Application Fee: A check or money order, payable to “Treasurer-State of NH”
    • Proof of NH Residency. This must include your name, your NH address, and a date. For example, a copy of your driver’s license or state ID, a utility or medical bill, or a current lease, etc. If a bill, it needs to be dated within the last 6 months. Proof of residency is not required if renewing at the same address.

Caregiver

  • You must be 21 years old and not have a felony conviction.
  • Send a Caregiver Application
  • If your patient did not already designate you as their Caregiver on their Patient Application, send a Caregiver Designation Form

Patients Can Now Access All Therapeutic Cannabis Dispensaries in the State

  • All registered patients and caregivers are allowed access to ALL of the Alternative Treatment Center (ATC) dispensary locations in the state. New Hampshire patients and caregivers can now visit and purchase cannabis from any New Hampshire dispensary.

Therapeutic Cannabis

  • The Therapeutic Cannabis Program was established in 2013, under RSA 126-X. That law establishes exemptions from criminal penalties for the therapeutic use of cannabis in New Hampshire.

New Qualifying Medical Conditions

  • Autism Spectrum Disorder. This has been added as a stand-alone qualifying medical condition for those people who are 21 years of age or older. For those people under age 21, the certifying medical provider must consult with a second provider who is certified in child and/or adolescent psychiatry, developmental pediatrics, or pediatric neurology. That second provider must: (1) confirm that the autism spectrum disorder has not responded to previously prescribed medication or that other treatment options produced serious side effects, and (2) support certification for the use of therapeutic cannabis.
  • Moderate to Severe Insomnia. This has been added as a qualifying medical symptom, which means that the certifying medical provider must certify that the person has a qualifying medical condition that is causing the insomnia.
  • The Written Certification for the Therapeutic Use of Cannabis has been updated to reflect these two new qualifying medical conditions.

How is decriminalization different from medicinal marijuana?

  • New Hampshire’s medicinal marijuana law, which was passed in 2013, legalizes the use of cannabis for certain prescribed medical purposes.
  • Those using marijuana for legal medicinal purposes must have a qualifying condition, such as cancer, glaucoma, or HIV.
  • Medicinal marijuana users must apply for a DHHS-issued ID card and can only acquire the drug from a licensed dispensary.
New Hampshire Laws and Penalties   
OffensePenaltyIncarcerationMax. Fine
Possession – Personal Use   
Up to 3/4 oz (first or second offense)*Civil violationNone$100
Over 3/4 ozMisdemeanor1 year$350
* See Penalty Details section for more information.   
Sale or Possession with Intent to Sell   
Less than 1 oz (first offense)Felony3 years$25,000
1 oz – less than 5 lbs (first offense)Felony7 years$100,000
5 lbs or more (first offense)Felony20 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 (first or second offense)*Civil violationNone$100
Possession of more than 5 gMisdemeanor1 year$350
Manufacturing, selling, or possessing with intent to sell of less than 5 gFelony3 years$25,000
Manufacturing, selling, or possessing with intent to sell of 5 g – less than 1 lbFelony7 years$100,000
Manufacturing, selling, or possessing with intent to sell of 1 lb or moreFelony20 years$30,000
* See Penalty Details section for information.   
Subsequent offense carries a greater sentence and fine.   
Paraphernalia   
Sale or possession of paraphernaliaMisdemeanor1 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.   

Marijuana tax rates in New Hampshire

  • Medical marijuana: Purchases are not subject to any taxes. New Hampshire does not have a statewide retail sales tax.

Cannabis Advertising Guide

The following shall not be considered advertising and shall be allowed:

  1. A business name and logo to be used in labeling, signage, and other materials, however, the use of medical symbols, images of cannabis or cannabis products, paraphernalia, and colloquial references to cannabis or marijuana shall be prohibited from use in the business name or logo;
  2. An exterior sign on the ATC building or property, which displays the business name and logo, and which meets the following additional requirements:
    • Such signage shall be designed to assist qualifying patients and designated caregivers to find the ATC without drawing undue attention to the ATC such as through the use of flashing lights;
    • Such signage shall not be illuminated during non-business hours; and
    • A second location for cultivation and processing which is separate from the location of the dispensary area of the ATC shall not be permitted to have an exterior sign;
  3. A listing in a phone book, business directory, search engine, or other place where it is reasonable for a business to maintain an informational presence of its existence, and a description of the nature of the business;
  4. An ATC may maintain a website and social media site(s) for its business, which may contain the following information:
    • ATC name and dispensary location;
    • Contact information;
    • Hours of operation;
  5. Services provided;
    • Strains of cannabis available, except that brand names or commercial names of cannabis strains shall not be used;
    • Products available;
    • Prices of products, including any available discounts on products;
    • Educational material, including information as described in He-C 402.21 and information regarding the department’s therapeutic cannabis program in general; and
    • Any other information related to the ATC that is not intended to induce, directly or indirectly, the purchase of cannabis by persons who are not qualifying patients or designated caregivers;
  6. The sites in (4) above shall be age-restricted in order to discourage minors from accessing the sites. The use of social media sites that cannot be age-restricted for this purpose shall be prohibited;
  7. E-mail communication, including electronic newsletters, to existing qualifying patients and designated caregivers, and to other non-minor age individuals who sign up to receive such e-mail communication and newsletters, containing information permitted by (4) above; and
  8. Communication and engagement for educational purposes with providers, community leaders, and state and local officials, including the dissemination of information permitted by (4) above and educational materials described in He-C 402.21.
  9. Those activities and materials described in (b) above shall be subject to review by the department upon request.
  10. An ATC shall not specifically direct the materials and activities allowed in (b) above to minors, or to persons 25 years of age or younger who are not qualifying patients or designated caregivers except for (b) (6) above, and shall make reasonable efforts to limit the exposure of such persons to these allowed materials and activities. However, incidental exposure to such materials and activities by such persons shall not be considered a violation of these rules.
  11. The interior of the registered premises shall not be visible to public viewing from the exterior of the building or premises. This shall not prevent images of the interior of the ATC to be utilized by the ATC, on its website or social media sites or for other viewing, as long as the images do not include qualifying patients or designated caregivers, without their written consent, or security features which might compromise the security of the ATC.

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