State marijuana laws began liberalizing in the 1990's after California legalized the medical use of marijuana and decriminalized possession of small amounts, counter to federal drug law. Some states have even legalized the recreational use of cannabis by adults, regulating the herb in a manner similar to alcohol. Most states have at least softened their marijuana laws, sometimes treating simple possession as an infraction (similar to a parking ticket), but others maintain tough sanctions on all controlled substances. The federal government is recognizing state marijuana laws (as of 2015), but it remains a Schedule I drug under U.S. law, despite its medical properties and widespread use.
New Hampshire Marijuana Laws at a Glance
As with other drugs, New Hampshire has a relatively strict stance on marijuana. However, the state legislature passed a medical marijuana bill in 2013, which allows patients with a valid doctor's recommendation to possess up to two ounces of cannabis at a time. While the law doesn't allow for home cultivation, there are four state-licensed dispensaries.
Additional details about New Hampshire's current marijuana laws are listed in the following table. See FindLaw's Drug Charges and Patient Rights sections for more information.
| Code Section | 318-B:1, et seq. |
| Possession | Any amount: Class A misdemeanor (up to 1 yr. in jail and up to $2,000 in fines) |
| Sale/Trafficking | Under 1 oz.: up to 3 yrs. and/or $25,000; 1 oz. to 5 lbs.: up to 7 yrs. and/or $100,000; Over 5 lbs.: up to 20 yrs. and/or $300,000; Subsequent offense: Under 1 oz.: up to 6 yrs. and/or $50,000; 1 oz. to 5 lbs.: up to 15 yrs. and/or $200,000; Over 5 lbs.: up to 40 yrs. and/or $500,000 Double sentence and double fine if within 1,000 feet of a school zone |
| Hash & Cannabis Concentrates | Less than 5g: misdemeanor (1 yr., $2,000); more than 5g: misdemeanor (1 yr., $5,000) |
| Medical Marijuana | Yes, for eligible patients with a doctor's recommendation. |
| Is Drug Court Available? | Yes (see New Hampshire Judicial Branch: Drug and Mental Health Courts) |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching
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New Hampshire Marijuana Law: Related Resources
Don't Face New Hampshire Marijuana Charges Alone: A Lawyer Can Help
Even with greater liberalization of marijuana laws across the country, you could still find yourself facing drug charges related to marijuana. However, an experienced criminal defense attorney will understand the current state of the law and can help you build the strongest defense possible. Reach out to one near you today to learn more.
