Last verified: April 2026
The Statutory Framework: RSA 318-B:26
RSA 318-B:26 is the New Hampshire Controlled Drug Act’s general penalty provision. It applies the state’s controlled-substance penalties to manufacturing, sale, possession with intent to sell, and conspiracy to commit any of the above. Marijuana (still classified as a controlled drug under state law) is subject to weight-based penalty thresholds. Cultivation of any amount — including a single seedling or a personal-use grow — falls under the statute’s manufacturing provisions and is a felony.
It shall be unlawful for any person to manufacture, possess, have under his control, sell, purchase, prescribe, administer, or transport or possess with intent to sell, dispense, or compound any controlled drug, controlled drug analog or any preparation containing a controlled drug...
RSA 318-B:26 — Penalties
Cultivation Is a Manufacturing Felony
The state classifies the growing of cannabis plants as “manufacturing” under RSA 318-B:26. This holds true regardless of whether:
- The plants are intended for personal use only
- The grower is a registered Therapeutic Cannabis Program (TCP) patient
- The plants are seedlings, clones, or mature flowering plants
- The cultivation is indoor or outdoor
New Hampshire is the only New England state that prohibits home cultivation for medical patients, and one of roughly 14 medical-state holdouts on home-grow nationally. House-passed home-grow bills (notably HB 1231 in 2024 and HB 53 in 2025) have repeatedly died in the Senate Judiciary Committee.
Sale and Possession with Intent: The Weight Ladder
| Conduct | Class | Maximum Penalty |
|---|---|---|
| Sale or possession with intent to sell < 1 oz of marijuana | Felony | Up to 3 years prison + $25,000 fine |
| Sale or possession with intent to sell 1 oz or more | Felony | Up to 20 years prison + $300,000 fine |
| Cultivation (any amount, any plant count) | Felony (manufacturing) | Penalty scales with weight of plant material |
| Sale or distribution within 1,000 ft of a school | Felony, with enhancement | Mandatory minimum 1-year sentence (RSA 318-B:26, V) |
| Conspiracy to manufacture, sell, or distribute | Felony | Same as the underlying offense |
Source: RSA 318-B:26 (Controlled Drug Act — Penalties).
The School-Zone Enhancement
Under RSA 318-B:26, V, any sale or possession with intent to sell within 1,000 feet of an elementary, secondary, or vocational school carries a mandatory minimum one-year sentence. The statute applies regardless of whether children are present, school is in session, or the buyer was a juvenile. Defense counsel routinely litigate the boundaries (commercial corridors abutting school grounds in Manchester, Nashua, and Concord can fall within the zone), but the mandatory floor means a school-zone enhancement effectively eliminates discretion to suspend the sentence.
How NH Compares to Its Neighbors
| State | Home Cultivation (Adults 21+) | Retail Sales |
|---|---|---|
| New Hampshire | Prohibited (felony) | None — medical-only via 5 nonprofit ATCs |
| Massachusetts | Up to 6 plants per adult, 12 per household | Licensed adult-use retail since 2018 |
| Maine | Up to 3 mature, 12 immature, unlimited seedlings | Licensed adult-use retail since 2020 |
| Vermont | 2 mature, 4 immature plants per dwelling | Licensed adult-use retail since 2022 |
| Connecticut | 3 mature, 3 immature per adult (medical first; rec from 2023) | Licensed adult-use retail since 2023 |
| Rhode Island | 3 mature, 3 immature per household | Licensed adult-use retail since 2022 |
Sharing Is “Distribution”
One frequently misunderstood aspect of RSA 318-B:26: passing cannabis to a friend can be charged as distribution, regardless of whether money changed hands. Prosecutors have discretion not to charge social sharing aggressively, but the statutory definition does not require remuneration. A Granite Stater handing a joint to another adult guest at a private gathering is, on the letter of the law, engaged in conduct charged the same as a small sale.
Attempt and Conspiracy
Under New Hampshire’s general criminal code, attempts to manufacture, sell, or distribute, and conspiracies to do the same, are punishable to the same degree as the completed offense. This means an undercover sting that never results in a delivered transaction can still produce a 20-year felony exposure, and group-text coordination of a planned sale can sweep in participants who never touched the product.
Federal Layer
All of the above are state-law penalties. Cannabis remains a Schedule I controlled substance under the federal Controlled Substances Act, and federal sentencing guidelines apply when federal prosecutors take a case — particularly cultivation operations spanning federal land (White Mountain National Forest) or distribution networks crossing state lines. The federal layer is rarely invoked for personal-quantity offenses, but it is always available.
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Official Sources
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