New Hampshire Marijuana Laws

6 min read

New Hampshire Marijuana Laws

April 7, 2023

Is Marijuana Legal in New Hampshire? 

New Hampshire has made some changes to its marijuana laws in recent years. While marijuana is still illegal for recreational use in the state, possessing small amounts has been decriminalized. Additionally, medical marijuana is legal for qualified patients with valid medical cards. It’s essential to understand the specific laws surrounding cannabis in New Hampshire to avoid any legal trouble. In this context, we will provide a comprehensive overview of the current marijuana laws in New Hampshire.

The journey towards legalizing medical marijuana in New Hampshire began in 2013 when then-governor Maggie Hassan signed a bill into law, making the state the 19th in the U.S. to legalize medical cannabis. However, the law’s implementation faced delays due to concerns about the security of the distribution process and the shortage of qualified healthcare providers. It wasn’t until April 2016 that the first medical marijuana dispensary opened in New Hampshire.

In 2019, a new law was passed that expanded the list of medical conditions eligible for medical marijuana treatment to include chronic pain and PTSD. The law also increased the possession limit for medical marijuana patients from two ounces to three ounces.

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. 

Who Can Purchase Marijuana in New Hampshire? 

Based on the current New Hampshire marijuana laws, only individuals with a valid medical marijuana card issued by the New Hampshire Department of Health and Human Services can legally purchase and possess marijuana in New Hampshire. 

An individual must be at least 18 and have a qualifying medical condition. In some cases, patients under 18 may also be eligible to use medical marijuana with the approval of their parent or legal guardian and their healthcare provider.

It’s important to note that the recreational use of marijuana is still illegal in the state, regardless of age. Possession of more than three-quarters of an ounce (21 grams) of marijuana for recreational use can result in criminal charges.

Where Can I Use Marijuana in New Hampshire? 

In New Hampshire, it is illegal to use marijuana in public, including on streets, sidewalks, parks, or other public places. Medical marijuana patients can only use marijuana in their private residences or another private location with the owner’s permission.

It’s important to note that marijuana, even for medical purposes, is prohibited in any workplace or school, whether public or private. Additionally, landlords and private property owners have the right to refuse the use of marijuana on their premises. Violating these laws can result in fines, revocation of medical marijuana cards, or even criminal charges, so it’s essential to follow the state’s regulations and use marijuana responsibly and within the confines of the law.

Medical Marijuana in New Hampshire

To obtain medical marijuana, patients must first obtain a written certification from a registered healthcare provider stating that they have a qualifying condition. The certificate must then be submitted to the New Hampshire Department of Health and Human Services, along with a completed application and the required fee.

Once approved, patients are issued a medical marijuana card, which they can use to purchase medical marijuana from a licensed dispensary. New Hampshire allows possessing up to three ounces (85 grams) of medical marijuana at any time. Patients may designate up to two caregivers to assist them in obtaining and using medical marijuana.

The state continues to evaluate and update its list of qualifying conditions based on scientific research and patient need. Patients with the following medical conditions may be eligible to use medical marijuana:

  1. Cancer;
  2. Glaucoma;
  3. HIV/AIDS;
  4. Hepatitis C;
  5. ALS (Lou Gehrig’s disease);
  6. Parkinson’s disease;
  7. Multiple sclerosis (MS);
  8. Spinal cord injury or disease;
  9. Epilepsy or seizures;
  10. Crohn’s disease;
  11. Alzheimer’s disease;
  12. Chronic pancreatitis;
  13. Chronic pain (resulting from qualifying medical conditions or treatments);
  14. PTSD (post-traumatic stress disorder);
  15. Moderate to severe vomiting or wasting syndrome caused by cancer treatment, HIV/AIDS, or other medical conditions.

If you believe you have a qualifying medical condition, it’s best to consult a registered healthcare provider to determine your eligibility for medical marijuana.

Growing Marijuana in New Hampshire

According to New Hampshire marijuana laws, if you have a valid registry identification card, you can cultivate up to six plants in a secure and enclosed space, indoors or outdoors, that is not visible from a public place.

However, it is essential to note that growing marijuana for non-medical purposes is still illegal in New Hampshire and can result in serious legal consequences. Additionally, it is always important to follow all state and local laws and regulations regarding the cultivation of marijuana, including obtaining any necessary permits and following any applicable zoning regulations.

Please consult with a qualified legal professional or the New Hampshire Department of Health and Human Services for further information on the laws and regulations surrounding the cultivation of marijuana in the state.

Driving Under the Influence

In New Hampshire, it is illegal to operate a motor vehicle while under the influence of any substance that impairs your ability to drive safely, including marijuana. The state has a “per se” law, which means that if a driver’s blood test shows a THC concentration of 5 nanograms or more per milliliter of blood, the driver is considered to be under the influence of marijuana.

Penalties for driving under the influence of marijuana can include fines, license suspension, and even jail time. The severity of the penalties will depend on the case’s specific circumstances, such as whether it is a first or repeat offense and the level of impairment exhibited by the driver.

Suppose you are facing charges for driving under the influence of marijuana in New Hampshire. In that case, consulting with a qualified legal professional to help you understand your rights and options under the law is crucial.

Advertising and Labeling Laws in New Hampshire 

In New Hampshire, various laws and agencies regulate the advertising and labeling of products, depending on the type of product being sold.

Products containing hemp-derived CBD are regulated by the New Hampshire Department of Agriculture, Markets & Food, which requires that CBD products be tested and labeled accurately with information about their CBD content and other ingredients. 

Medical marijuana products in New Hampshire must include information such as the product’s name, the dispensary’s name and address, the number of active cannabinoids, and the recommended dosage. Advertising cannabis products is heavily regulated and restricted, with limitations on the placement and content of ads.

These are just a few examples of the advertising and labeling laws and regulations in New Hampshire. It is always a good idea to seek a legal consult for more specific information on advertising and labeling for a particular product or industry.


In conclusion, New Hampshire has specific marijuana laws regarding consuming, cultivating, advertising, and labeling cannabis products. While medical marijuana is legal in the state with a valid registry identification card, recreational use is still illegal. The state also has strict laws regarding driving under the influence of marijuana, and penalties can be severe. Additionally, advertising and labeling for cannabis products are heavily regulated and must comply with state marijuana laws. You must understand these laws and regulations to ensure compliance and avoid legal consequences. As with any legal matter, consulting with a qualified legal professional or the relevant state agency is recommended for further information and guidance.