NH Marijuana Possession Penalties

Last verified: April 2026

What HB 640 Actually Changed

Before July 18, 2017, possession of any amount of marijuana in New Hampshire was a Class A misdemeanor — up to one year in jail and a $2,000 fine. New Hampshire was the 22nd state to decriminalize personal possession and the last in New England to do so. The bill was sponsored by the late Rep. Renny Cushing (D-Hampton), who introduced versions of it for nearly a decade before it became law. Rep. Cushing died of cancer on March 7, 2022, while serving as House Democratic Leader.

A person 21 years of age or older shall not be subject to arrest, prosecution, or any civil or criminal penalty under state law... for possessing 3/4 of an ounce or less of marijuana, or 5 grams or less of hashish. A first or second violation in any 3-year period is a violation punishable by a fine of $100 and forfeiture of the marijuana or hashish.

RSA 318-B:2-c (HB 640, 2017)

The Full Penalty Ladder

The Edibles Exception

Personal-use edibles are uniquely treated. New Hampshire does not produce or sell adult-use edibles in-state — the only legal source is purchase from a regulated retailer in Massachusetts, Maine, Vermont, Rhode Island, or another adult-use jurisdiction. RSA 318-B:2-c carves out a $100 civil violation for adults 21+ who possess up to 300mg of THC in edible form, provided the product is in its original child-resistant packaging and was lawfully purchased elsewhere.

Two cautions on the edibles carve-out:

• It does not authorize the underlying interstate transport. Crossing a state line with cannabis remains a federal offense regardless of how the destination state classifies possession.
• Persons aged 18–20 with edibles face misdemeanor exposure rather than the civil violation. The decriminalization carve-out applies only to adults 21 and older.

The First-Conviction Fine Waiver

For a first violation under RSA 318-B:2-c, a court may waive the fine if the violator completes a substance-abuse assessment and any treatment recommended by the assessment. This is an option, not an entitlement — it depends on the prosecuting jurisdiction and the court’s discretion. The waiver is generally not available for repeat or aggravated possession offenses.

The Identification Catch

Although the violation itself is civil, an officer issuing a citation needs the violator’s identification. Under RSA 594:10 and related statutes, refusal to provide identification in the course of a lawful stop can convert what would have been a $100 ticket into a custodial arrest. Granite Staters who treat the violation casually sometimes find themselves booked into a county jail not for the marijuana but for the secondary refusal-to-identify offense.

How NH’s Penalty Ladder Compares

Every other New England state has moved past decriminalization to full legalization for adults 21+. In Massachusetts, Maine, Vermont, Connecticut, and Rhode Island, an adult possessing one ounce of cannabis is engaged in lawful conduct. In New Hampshire, that same ounce is the threshold where civil violation gives way to misdemeanor exposure. The legal arithmetic of the New England border is the central reality of NH cannabis policy — see reverse cross-border drives for the practical consequences.

Felony Exposure Above One Ounce

Possession of more than one ounce can be charged under RSA 318-B:26, the chapter’s broader manufacturing/distribution framework. Prosecutors typically reach for felony charges when weight, packaging, or other indicia (scales, baggies, ledgers, large cash) suggest possession with intent to sell rather than personal use. See cultivation & distribution for the full felony framework.

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Official Sources

• RSA 318-B:2-c — Possession of Personal-Use Amount of Marijuana
• RSA 318-B:26 — Penalties
• HB 640 (2017) — Final Bill Text