Overview & Legal Status
New Hampshire became the last New England state to legalise adult-use cannabis via HB 1633 (signed July 2024). Possession and home cultivation are legal for adults 21+ immediately; retail sales expected 2025–2026. The Therapeutic Cannabis Program has operated since 2013.
Regulatory Framework
- Alternative Treatment Centre (ATC) Licence: Medical dispensary; up to 4 locations per ATC; vertically integrated
- Cultivation Facility (Adult-Use): New licences expected under Cannabis Commission established by HB 1633
Licensing
Available Licence Types
- Cultivator / Grower Licence — commercial cannabis/hemp cultivation; canopy and operational requirements set by state regulator
- Background checks and financial requirements mandatory for all principals
- Local zoning approval typically required in addition to state licence
- Processor / Manufacturer Licence — production of extracts, edibles, capsules, topicals, and other cannabis-derived products
- Dispensary / Retail Licence (Medical) — sale of cannabis products to registered patients
- Minimum distance from schools, daycares, and youth facilities required
- State licence + local approval typically required
- Adult-Use Retail Licence — available where adult-use is legal
- Delivery Licence — patient home delivery; availability varies
- Testing Laboratory Licence — independent ISO/IEC 17025 accredited laboratory
- Hemp / Industrial Hemp Licence — cultivation and processing of hemp (≤0.3% THC) under USDA-approved state plan
- Alternative Treatment Centre (ATC) Licence — Medical dispensary; up to 4 locations per ATC; vertically integrated
- Cultivation Facility (Adult-Use) — New licences expected under Cannabis Commission established by HB 1633
- Manufacturer/Processor Licence — Edibles, concentrates, tinctures for adult-use
- Retail Store Licence — Adult-use retail — licensing underway 2025
- No Delivery Licence — Home delivery not yet authorised
- Hemp Licence — NH Dept. of Agriculture hemp grower/processor
Taxation
Adult-Use Cannabis Tax15% state cannabis tax (HB 1633) — no state sales tax in NH
Adult-Use Excise
15%
NH cannabis tax on retail
State Sales Tax
None
NH has no general sales tax
Medical Cannabis
0%
Exempt from tax
Hemp/CBD
0%
NH sales tax exemption applies
Consumer & Business Implications
- New Hampshire has no general sales tax — 15% cannabis excise is the only state tax on adult-use
- Medical cannabis remains tax-free — significant saving for patients
- Revenue allocation to be determined by Cannabis Commission regulations
- IRS § 280E applies federally to cannabis businesses
Advertising
Advertising Regulations
- Targeting minors strictly prohibited: No advertising where >30% of audience is under 21; no cartoons, toys, candy imagery
- No advertising within 500–1,000 ft of schools, daycares, playgrounds (varies by state)
- Required disclaimers on all advertising: 'For medical/adult use only. Keep out of reach of children.' Licence number required.
- Social media & digital: Age-gating required; audience verification; no general public targeting
- Platforms (Google, Meta) restrict cannabis ads; use compliant cannabis-specific ad networks
- No false health claims — unsubstantiated efficacy or medical benefit claims prohibited
- No advertising within 1,000 ft of schools, playgrounds, youth facilities
- Required disclaimer: 'For adults 21+ only. Keep out of reach of children.' Licence number required
- Social media: age-gating required; audience must be ≥71.6% adults
- No advertising appealing to minors — no cartoons, candy imagery, or toy-related content
Workplace Rules
Employee Rights & Employer Obligations
- HB 1633 does not include employment protections — employers may still enforce drug-free workplace policies
- Positive cannabis tests remain valid basis for adverse employment action
- Medical cannabis patients have no specific employment protections under NH law
- Safety-sensitive industries retain zero-tolerance authority
- Safety-sensitive positions always exempt — employers may enforce zero-tolerance for CDL drivers, heavy equipment operators, healthcare workers
- DOT-regulated employees subject to federal testing requirements regardless of state law
- On-duty impairment is never protected — all states allow prohibition of cannabis use during work hours
- Federal contractors must comply with Drug-Free Workplace Act (41 U.S.C. § 8101 et seq.)
Possession & Transactions
Adult-Use Possession Limit2 oz flower · 5 g concentrate · 3 plants home grow
2 oz
Flower — adult-use
5 g
Concentrate
3 plants
Home grow (mature)
2 oz
Medical patients
Medical Patient Possession
- Registered therapeutic cannabis patients may possess a 2 oz supply as recommended
- Must carry NH Therapeutic Cannabis Registry ID card
- Patients 18+ with valid certification; minors require caregiver
Adult-Use Possession
- Adults 21+ may possess up to 2 oz flower, 5 g concentrate under HB 1633
- Home cultivation: up to 3 mature plants per adult; max 6 per household
- Public consumption prohibited — civil infraction
Transaction Rules
- Age: 21+ with government-issued photo ID for adult-use retail (when available)
- Medical: 18+ with NH Therapeutic Cannabis Registry ID
- No interstate transport — cannabis remains federally controlled
Product Testing
Testing Requirements
- Mandatory potency testing: Total THC, THCA, CBD, CBDA — all products before sale
- Contaminant testing: Pesticides, heavy metals (Pb, Cd, As, Hg), microbials (E. coli, Salmonella, Aspergillus), mycotoxins, residual solvents
- Approved laboratories: State-licensed, ISO/IEC 17025 accredited; independent of producers and retailers
- Certificate of Analysis (COA) must accompany each batch; accessible to patients/consumers on request
- NH DHHS oversees medical ATC product testing
- Adult-use testing standards to be set by Cannabis Commission
- ISO 17025 accreditation required; COA on all products
Medical Cannabis Programme
Qualifying Medical Conditions
- Cancer, glaucoma, HIV/AIDS, hepatitis C, ALS
- Epilepsy/seizures, Parkinson's, MS, Crohn's, PTSD
- Chronic pain, severe nausea, muscle spasms
- Moderately severe to severe chronic pain (added 2016)
- Opioid use disorder (as alternative treatment)
- Physician discretion for conditions causing severe pain/nausea
Medical Possession2 oz per purchase period (as recommended)
Programme Rules & Prescription Duration
- NH-licensed physician or APRN certification required
- Annual registry renewal — $50 fee
- Patients 18+ may self-register; under 18 requires two physician certifications and parent/guardian caregiver
- NH does not formally recognise out-of-state cards
Adult-Use Cannabis
HB 1633 (signed July 2024) legalised adult-use cannabis in New Hampshire — making it the last New England state to do so. Possession and home cultivation are immediately legal for adults 21+. Retail sales are expected to begin in 2025–2026 as the Cannabis Commission establishes licensing.
Differences from Medical Use
- 21+ for adult-use; 18+ for medical
- 15% excise on adult-use; medical tax-free
- Possession: 2 oz adult-use; 2 oz medical per period
- Home grow: 3 plants adult-use; not specified for medical
Local Ordinances
- Municipalities may enact local zoning regulations for cannabis retail
- No opt-out authority for municipalities under HB 1633
- Local consumption regulations may apply — consumption lounges require separate approval
Penalties
Possession Offences
- Possession over 2 oz (adult 21+): Misdemeanour or violation depending on amount
- Under 21 possession: Violation — $100 fine + substance abuse education
- Large-scale possession: Class A or B Felony under RSA 318-B
Sale & Distribution
- Sale without licence: Felony — 3–15 years depending on quantity
- Sale to minor: Enhanced felony penalties
- Trafficking: Class A Felony — up to 30 years for large quantities
DUID — Driving Under Influence of Cannabis
- Driving under the influence of cannabis is illegal in all states
- First offence: typically misdemeanour — fines, possible jail, licence suspension, substance abuse programme
- Repeat offences: enhanced penalties; possible felony in some states
⚠️ Adult-Use Cannabis — Important Warnings
- Adult-use cannabis is NOT legal in New Hampshire. Possession, sale, and cultivation outside the medical programme remains a criminal offence.
- Medical cannabis patients must carry their state-issued registry card at all times when possessing cannabis.
- Cannabis cannot be transported across state lines — this is a federal offence regardless of destination state laws.
- Do not drive or operate machinery while impaired by cannabis — DUID laws are strictly enforced.
- Airports operate under federal jurisdiction — carrying cannabis through airports is prohibited.
- Cannabis is prohibited on all federal lands (national parks, forests, federal buildings).
- Keep all cannabis and CBD products out of reach of children and pets.
- Cannabis use during pregnancy or breastfeeding is strongly discouraged by health authorities.
🚨 Legal Disclaimer
This page is provided for general informational purposes only and does not constitute legal advice. Cannabis laws in New Hampshire change frequently — always verify current statutes with official New Hampshire government sources or consult a qualified attorney licensed in New Hampshire.
- Information reflects laws known as of March 15, 2026 — subject to legislative change.
- Local city and county ordinances may impose additional restrictions beyond state law.
- Federal law supersedes state law in all federal jurisdictions and employment contexts.
- CannBus accepts no liability for actions taken based on information on this page.
📚 References & Sources
- RSA 126-X — New Hampshire Therapeutic Cannabis Act
- HB 1633 (2024) — New Hampshire Adult-Use Cannabis Legalisation
- NH DHHS Therapeutic Cannabis Program — dhhs.nh.gov/therapeutic-cannabis
- RSA 318-B — Controlled Drug Act
- Document date: March 15, 2026 · Cannabis Laws · www.cannbus.org
📅 Document last reviewed: March 15, 2026 ·
Cannabis Laws · www.cannbus.org