New Hampshire Marijuana Laws

Is marijuana legal in New Hampshire? Yes, New Hampshire is the 19th state in the U.S. to permit medical cannabis, but it stands at a crossroads in the cannabis debate: Medical marijuana is legal, but recreational use remains tightly controlled and criminalized. As the conversation around full legalization intensifies, concerns over public safety continue to shape the state’s cautious approach. New Hampshire’s medical marijuana program is fully operational, relieving thousands of patients suffering from qualifying medical conditions. The state continues to evaluate and adjust its medical marijuana laws to ensure patients have safe and reliable access to their medication. 

In 2024, New Hampshire continues to grapple with its marijuana policies, reflecting a growing but measured interest in cannabis reform.

Regulatory Framework for Medical Marijuana

New Hampshire took a significant step in 2013 when it passed House Bill 573 (HB 573), which established a legal framework for patients with qualifying medical conditions to access marijuana under tightly regulated circumstances. Although progress has been made in providing medical marijuana, the state has been slow to embrace recreational cannabis, largely due to public safety concerns and political opposition. The state took a significant step in 2017 by decriminalizing the possession of small amounts of cannabis, removing jail time for possessing up to three-quarters of an ounce of marijuana. 

Governor Chris Sununu has played a pivotal role in shaping New Hampshire’s cannabis policy—supporting medical marijuana but consistently opposing the full legalization of recreational cannabis. His administration has focused on maintaining tight regulations and resisting measures that would lead to the commercialization of marijuana in the state.

Despite Gov. Sununu’s resistance to recreational marijuana, there have been discussions about a potential state-run, franchise model for cannabis sales, which would allow the government to control the distribution of recreational marijuana if it were to be legalized. This model would mirror the way New Hampshire handles alcohol sales, providing strict oversight while generating revenue for the state.

While the New Hampshire House of Representatives has passed multiple marijuana legalization bills, it has often faced strong opposition in the Senate or from Gov. Sununu. In 2024, discussions surrounding the legalization of recreational marijuana continue, with proponents arguing that it would boost the state’s economy and reduce the strain on law enforcement resources.

Who Can Purchase Marijuana in New Hampshire?

To access medical marijuana, patients must first obtain a written certification from a registered healthcare provider confirming they have a qualifying condition. This certificate must then be submitted to the New Hampshire Department of Health and Human Services (DHHS), accompanied by a completed application and the required fee.

In New Hampshire, medical cannabis is prescribed to patients who have been diagnosed with one or more of the following qualifying conditions:

1. Stand-Alone Medical Conditions:

• Autism spectrum disorder (for those 21 years and older, and for individuals under 21, additional consultation requirements apply)
• Moderate or severe post-traumatic stress disorder (PTSD)
• Moderate to severe chronic pain
• Severe pain
• Opioid use disorder (requires treatment by a board-certified provider in addiction medicine or psychiatry)

2. Qualifying Diagnoses (in combination with qualifying symptoms):

• Acquired immune deficiency syndrome (AIDS)
• Alzheimer’s disease
• Amyotrophic lateral sclerosis (ALS)
• Cancer
• Chronic pancreatitis
• Crohn’s disease
• Ehlers-Danlos syndrome
• Epilepsy
• Glaucoma
• Hepatitis C
• Lupus
• Multiple sclerosis
• Muscular dystrophy
• Parkinson’s disease
• Positive status for human immunodeficiency virus (HIV)
• Spinal cord injury or disease
• Traumatic brain injury
• Ulcerative colitis

Under current New Hampshire law, only individuals with a valid medical marijuana card issued by the New Hampshire Department of Health and Human Services are legally permitted to purchase and possess marijuana. To qualify, a person must be at least 18 years old and have a diagnosed medical condition that meets the state’s criteria. Patients under the age of 18 may also be eligible, provided they have approval from both a parent or legal guardian and their healthcare provider.

Requirements for Becoming a Caregiver in New Hampshire

In New Hampshire, a designated caregiver plays a vital role in assisting qualifying patients with the therapeutic use of cannabis. To become a caregiver, the individual must meet certain eligibility criteria outlined by the state’s Department of Health and Human Services.

A caregiver must:

• Be at least 21 years old.
• Be designated by the qualifying patient.
• Provide care to only one patient unless both patients live in the same household.
• Submit a Caregiver Application and be approved by the New Hampshire Therapeutic Cannabis Program.
• Undergo a background check and provide proof of no felony drug convictions.​

Additionally, the caregiver must ensure all cannabis is obtained legally from a licensed Alternative Treatment Center (ATC) and used solely for the patient’s therapeutic needs. Caregivers are allowed to possess and transport medical cannabis for the patient but must adhere strictly to state regulations.

Where Can I Use Marijuana in New Hampshire?

In New Hampshire, the use of marijuana, even for medical purposes, is strictly limited to private residences. It is illegal to consume cannabis in public spaces such as parks, streets, or schools. Additionally, it is prohibited to use marijuana inside a motor vehicle or on school property, even for medical marijuana cardholders. Only licensed ATCs can distribute therapeutic cannabis, and they must follow strict zoning laws that prevent them from operating near schools, playgrounds, or other areas where children gather.

New dispensaries in New Hampshire are also subject to local zoning ordinances. For instance, a proposed dispensary in Chichester was required to undergo public hearings to ensure it complied with local zoning regulations and the legislative intent to improve access for patients while adhering to the strict zoning standards set by state law. These dispensaries cannot be located in close proximity to schools or areas frequented by children, as the state maintains strict buffers as part of its efforts to control cannabis distribution.

Growing Marijuana in New Hampshire

In New Hampshire, it is illegal to grow marijuana, even for medical use. The state’s therapeutic cannabis program regulates access to marijuana strictly—it can only be purchased from licensed Alternative Treatment Centers. Unlike some states that allow home cultivation for patients or caregivers, New Hampshire has maintained a firm prohibition on growing cannabis at home. Patients seeking medical cannabis must follow state guidelines to purchase their medication through ATCs, ensuring compliance with regulations. There are currently no provisions in New Hampshire’s laws allowing for any personal cultivation of cannabis. 

Although HB 573 prohibits the cultivation of cannabis at home, it permits the sale of medical marijuana by dispensaries and allows for the possession of medical cannabis within specified limits. Additionally, HB 573 established the criteria for obtaining a medical marijuana card in the state.

New Hampshire’s Alternative Treatment Centers

In New Hampshire, Alternative Treatment Centers are the only licensed facilities authorized to cultivate, produce, and dispense medical cannabis. These nonprofit organizations operate under strict regulations enforced by the state’s Department of Health and Human Services. Here’s a quick breakdown of key points related to ATC licenses in the state:

• Nonprofit ATCs: ATCs are required to operate as nonprofit organizations, meaning they must reinvest any surplus revenues back into the organization.
• Comprehensive Operations: ATCs handle the entire process from cannabis cultivation to dispensing, ensuring a controlled and safe product for medical use.
• State-Regulated Compliance: ATCs are closely monitored for safety and quality standards, including strict seed-to-sale tracking to ensure compliance with state laws.
• Seven Locations: New Hampshire currently has seven ATCs across the state, located in cities including Dover, Merrimack, Lebanon, and Keene.

For more detailed information, visit the official New Hampshire DHHS page on ATCs.

Driving Under the Influence

In New Hampshire, driving under the influence (DUI) of alcohol or drugs is illegal and poses significant risks to both drivers and the public. The legal blood alcohol concentration (BAC) limit is 0.08% for drivers over 21 and 0.02% for drivers under 21. It is also unlawful to drive under the influence of any drugs, including prescription or over-the-counter medications, that impair the ability to operate a vehicle safely.

For those caught driving under the influence, penalties can include fines, license suspension, mandatory participation in an Impaired Driver Care Management Program (IDCMP), and even imprisonment for repeat offenders. New Hampshire enforces an “implied consent” law, meaning drivers automatically agree to undergo BAC testing when arrested for suspected DUI. Refusal to submit to testing can result in the immediate suspension of driving privileges.

If you are facing charges for driving under the influence of marijuana in New Hampshire, consulting with a qualified legal professional to understand your rights and legal options is essential.

Advertising and Labeling Laws in New Hampshire

Advertising for therapeutic cannabis is highly regulated in New Hampshire in order to ensure responsible messaging. Cannabis product labeling in the state must meet strict guidelines to ensure transparency and safety. Labels should include the following:

• Product Identity: Clear identification of the cannabis product type.
• Content Details: THC and CBD content, measured in milligrams.
• Usage Instructions: Proper dosing and consumption guidelines.
• Warnings: Health risks, potential side effects, and instructions to keep out of reach of children.
• Expiration Dates: Information on product shelf life.

Advertising restrictions prevent the targeting of minors or promoting excessive use. Dispensaries must comply with state regulations to ensure responsible marketing.

Possession Limits

The possession limit for medical cannabis is subject to strict regulations under the Therapeutic Cannabis Program. Patients with a valid registry identification card can possess up to two ounces of usable cannabis at any given time. Additionally, they are restricted to purchasing no more than two ounces within a 10-day period. This possession limit applies to both in-state patients and visiting patients from other states who are authorized to use therapeutic cannabis. The state classifies the possession or sale of paraphernalia as a misdemeanor. The delivery of medical cannabis in New Hampshire is available only in-person at registered ATCs. All patients must abide by these possession limits to remain in compliance with state law.

The Path Forward for Cannabis in New Hampshire

New Hampshire’s approach to marijuana legislation is cautious, with medical marijuana fully legalized but recreational cannabis remaining prohibited. The state’s laws continue to evolve, reflecting the ongoing debate over the benefits and risks of full legalization. While the state grapples with these decisions, medical marijuana patients continue to benefit from access to regulated cannabis products through licensed Alternative Treatment Centers. As New Hampshire moves forward, it will be crucial for lawmakers to balance the potential economic and social benefits of legalization with the concerns that have kept recreational cannabis illegal for so long. 

Note: This information is provided for general knowledge purposes only and does not constitute legal advice. Cannabis laws can vary by state and are subject to change. If you have specific legal questions or concerns, it is recommended that you consult a licensed attorney or legal professional who is familiar with the applicable laws in New Hampshire. Always ensure compliance with state and local regulations regarding cannabis use and possession.