Is Weed Legal In New Hampshire, Yes for Medical Use
New Hampshire has a limited medical marijuana law that is more restrictive than the laws of most States that have enacted protections for medical marijuana users. The primary limitations are:
- The patient must possess a valid registry identification card (see out-of-State visitors, below)
- The patient can possess no more than two ounces of "unusable cannabis."
- The marijuana must be obtained from a regulated dispensary
Rules and regulations for New Hampshire's medical marijuana program:
- Patients must have one of several qualifying conditions including cancer, HIV/AIDS, ALS, Parkinson's, multiple sclerosis, chronic pain, and others.
- Certification from a licensed medical provider is required. Patients must register with the state and obtain an ID card from the NH Department of Health.
- There are 8 Alternative Treatment Centers (dispensaries) licensed to sell therapeutic cannabis products to registered patients.
- Approved products include oils, tinctures, lotions, capsules, and leaf/flower than can be vaporized or made into tea. Smokable flower is allowed. Edibles are prohibited.
- Home cultivation is not allowed. Patients must obtain products from licensed Alternative Treatment Centers.
- Possession limit is 2 ounces of usable cannabis such as leaf marijuana or oils.
- Public use and smoking of medical marijuana is prohibited with exceptions for hospice and long-term care patients.
- Dispensaries cannot sell patients more than 2 ounces of usable cannabis in a 10-day period.
- Medical marijuana ID cards must be renewed annually and a renewal certification from a medical provider is required.
- Driving under the influence of marijuana can result in DUIs and criminal penalties even for registered patients.
- Only licensed dispensaries can legally provide therapeutic cannabis products to patients.
House Bill 573
(215 KB)
Approved: May 23, 2013 by Senate, 18-6 and June 26, 2013 by House, 284-66
Signed into law by Gov. Maggie Hassan on July 23, 2013
Effective: Upon passage
The bill
authorizes the use of therapeutic cannabis in New Hampshire.
Possession/Cultivation: "A qualifying patient shall not obtain more than 2 ounces of usable
cannabis directly or through the qualifying patient's designated
caregiver during a 10-day period." A patient may possess two ounces of
usable cannabis and any amount of unusable cannabis.
Updates: On Apr. 3, 2014, the Department of Health and Human Services (DHHS) posted proposed Therapeutic Cannabis Program Registry Rules
(130 KB) and began the formal rulemaking process.
New Hampshire Department of Health and Human Services
Phone: 603-271-9234
Website:
Therapeutic Use of Cannabis Program
Patient Registry Fee:
To be determined during the rulemaking process
Accepts other states' registry ID cards?
Yes
Registration:
Mandatory
| 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) |
|
