Last verified: April 2026
The Short Answer: Decriminalized + Medical, Not Legal
New Hampshire cannabis law is a layered, sometimes contradictory body of statutes built around one central code chapter — RSA 318-B, the Controlled Drug Act — modified over the past decade by two important carve-outs:
- RSA 318-B:2-c (HB 640, 2017) — decriminalized possession of small amounts
- RSA 126-X (HB 573, 2013) — the Therapeutic Cannabis Program (TCP)
Everything else — sales, distribution, cultivation, manufacturing, and possession of more than personal-use amounts — remains criminalized, often as a felony.
New Hampshire became the 22nd U.S. state — and the last in New England — to decriminalize personal possession of marijuana when Gov. Chris Sununu signed HB 640 on July 18, 2017. The bill was sponsored by the late Rep. Renny Cushing (D-Hampton), who introduced versions for nearly a decade.
RSA 318-B:2-c (HB 640, 2017)
Possession Penalty Ladder
| Amount / Offense | Class | Penalty |
|---|---|---|
| ≤ 3/4 oz (21g) marijuana, 1st–2nd offense | Civil violation | $100 fine, marijuana forfeited |
| ≤ 5g hashish, 1st–2nd offense | Civil violation | $100 fine |
| 3rd offense within 3 years | Civil violation | Up to $300 fine, no jail |
| 4th+ offense within 3 years | Class B misdemeanor | No jail, criminal record |
| Personal-use edibles ≤300mg THC (legally bought elsewhere, original packaging) | Civil violation | $100 fine |
| Persons 18–20 in possession of edibles | Misdemeanor | (adult ban applies) |
| Possession > 3/4 oz | Misdemeanor | Up to 1 year, $350 fine |
| Possession > 1 oz | Felony exposure | Under broader RSA 318-B:26 provisions |
Source: RSA 318-B:2-c (HB 640, 2017) and RSA 318-B:26. See possession penalties.
Sale, Distribution, and Cultivation Remain Felonies
Under RSA 318-B:26, sale or possession with intent to sell <1 oz of marijuana is a felony punishable by up to 3 years in prison and a $25,000 fine. One ounce or more is a felony punishable by up to 20 years and $300,000. Cultivation of any amount — even a single plant for personal use — is a manufacturing offense and a felony. Penalty enhancements apply for sales within 1,000 feet of a school zone, with a court-imposed minimum mandatory one-year sentence. See cultivation & distribution.
Key Facts at a Glance
| Recreational (Adult-Use) | Illegal but decriminalized for ≤3/4 oz |
|---|---|
| Medical Program | Therapeutic Cannabis Program (TCP) under RSA 126-X since 2013 |
| TCP Patients | ~15,000–17,000 (figures vary by source) |
| Alternative Treatment Centers | 5 nonprofit ATCs (vertically integrated, nonprofit-only) |
| Home Cultivation | Prohibited — even for TCP patients |
| Out-of-State Reciprocity | Yes for TCP since HB 1278 (2024) — broad U.S. + Canadian recognition |
| DUI Standard | Impairment-based — no per se THC limit (defendant-friendly) |
| Open Container Rule | SB 426 (2024) — effective Jan 1, 2025: trunk-only transport, $150 fine + license suspension |
| Voter Support (Recreational) | ~65–75% (UNH Survey Center) |
| Governing Law | RSA 318-B (criminal); RSA 126-X (therapeutic) |
The 2025 Open Container Rule
In 2024, then-Gov. Sununu signed SB 426, creating an “open container” rule for cannabis modeled on the alcohol regime. Effective January 1, 2025, transporting cannabis (other than therapeutic cannabis under RSA 126-X) in any location other than the trunk — or, if no trunk, the glove compartment or compartment least accessible to the driver — carries a $150 fine and up to a 60-day driver’s license suspension. Drivers under 21 face 60–90 day suspensions for any transport. ⚠️ This rule is widely overlooked by NH residents returning from Massachusetts and Maine dispensaries.
What NH Law Does NOT Allow
Despite ten-plus years of medical access and nine years of decriminalization, New Hampshire residents cannot lawfully:
- Cultivate any cannabis at home — even a single seedling, even with a medical card
- Buy cannabis from any retailer for non-medical use
- Bring legal cannabis purchased in Massachusetts, Maine, or Vermont back across the state line (federal interstate trafficking + state possession over 3/4 oz)
- Smoke or vape cannabis in any public place — RSA 155:64 prohibits indoor smoking; the open container rule extends restrictions outdoors
Explore NH Cannabis Law
Official Sources
- RSA 318-B — Controlled Drug Act
- RSA 126-X — Therapeutic Use of Cannabis
- NH Therapeutic Cannabis Program
- New Hampshire General Court
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org