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New Hampshire Marijuana Law

New Hampshire Laws & Penalties

 

 

Penalty Details

If a statute uses the term misdemeanor, the prosecutor may charge a person either with a Class A or with a Class B misdemeanor.

Possession

Any person 18 years of age or older who possesses less than ¾ of an ounce of marijuana is guilty of a violation and subject to a fine of $100. This penalty applies to first and second offenses.

Any person 18 years of age or older who possesses less than ¾ of an ounce of marijuana and is guilty of a third offense within 3 years of the first offense is guilty of a violation and subject to a fine of $300.

Any person 18 years of age or older who possesses less than ¾ of an ounce of a marijuana and is guilty of a fourth offense within three years of the first offense is guilty of a Class B misdemeanor which is not punishable by imprisonment.but is subject to a fine of $1200.

The same penalties apply to a person over the age of 21 who is guilty of possessing “a personal use amount” of marijuana infused products including edibles, drinks, tinctures and ointments.

Possession of more than 3/4 ounce is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $350.

See

  • 318B:2-c of the New Hampshire Criminal Code 
  • 318 B:2 of the New Hampshire Criminal Code 
  • 318 B:1 et seq. of the New Hampshire Criminal Code 
  • 318-B:26 of the New Hampshire Criminal Code
  • 651:2 of the New Hampshire Criminal Code 

Sale

Includes possession with intent to sell.

The sale of less than 1 ounce for a first offense is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $25,000. A Subsequent offense is a felony punishable by a maximum sentence of 6 years imprisonment and a maximum fine of $50,000.

The sale of more than 1 ounce and less than 5 pounds for a first offense is a felony punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $100,000. A Subsequent offense is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $200,000.

The sale of 5 pounds or more for a first offense is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $300,000. A Subsequent offense is a felony punishable by a maximum sentence of 40 years imprisonment and a maximum fine of $500,000.

Sale within 1,000 feet of a school zone is a felony punishable by a doubling of the sentence and the fine.

See

  • 318 B:2 of the New Hampshire Criminal Code 
  • 318 B:1 et seq. of the New Hampshire Criminal Code 
  • 318-B:26 of the New Hampshire Criminal Code

Cultivation

Cultivation in New Hampshire will be punished based upon the aggregate weight of the plants found. See the “Possession” and “Sale” sections for further penalty details.

Hash & Concentrates

Any person 18 years of age or older who possesses less than 5 grams of hashish is guilty of a violation and subject to a fine of $100. This penalty applies to first and second offenses.

Any person 18 years of age or older who possesses less than 5 grams of hashish and is guilty of a third offense within 3 years of the first offense is guilty of a violation and shall be subject to a fine of $300.

Any person 18 years of age or older who possesses less than 5 grams of hashish and is guilty of a fourth offense within three years of the first offense is guilty of a Class B misdemeanor which is not punishable by imprisonment but is subject to a fine of up to $1200.

Possessing 5 grams or more of hashish is a misdemeanor punishable by a fine no greater than $350 and a term of imprisonment no greater than 1 year.

See

  • 318-B:2-c of the New Hampshire Criminal Code
  • 318-B:26(II) of the New Hampshire Criminal Code 
  • 651:2 of the New Hampshire Criminal Code

The sale of less than 5 grams for a first offense is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $25,000. A Subsequent offense is a felony punishable by a maximum sentence of 6 years imprisonment and a maximum fine of $50,000.

The sale of more than 5 grams and less than 1 pound for a first offense is a felony punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $100,000. A Subsequent offense is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $200,000.

The sale of 1 pound or more for a first offense is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $300,000. A Subsequent offense is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $500,000.

If any of the offenses occurred with 1,000 feet of a school the fines and terms of imprisonment double.

See

  • 318-B:26 of the New Hampshire Criminal Code

Any device or equipment used to manufacture hashish or concentrates is considered drug paraphernalia. Manufacturing, or delivering any such device or equipment is a misdemeanor punishable by a fine no greater than $2,000 and/or a term of imprisonment no greater than 1 year.

See

  • 318-B1(X-a) of the New Hampshire Criminal Code 
  • 318-B:26(III) of the New Hampshire Criminal Code

Paraphernalia

The sale or possession of paraphernalia is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

See

  • 318 B:1 et seq. of the New Hampshire Criminal Code
  • 318 B:2 318 B:1 et seq. of the New Hampshire Criminal Code
  • 318-B:26 of the New Hampshire Criminal Code

Miscellaneous

Any person who negligently stores marijuana-infused products including edibles, drinks, ointments and tinctures when the negligent storage causes possession of marijuana infused products by a person under 18 years of age is guilty of a misdemeanor

See

  • 318: B-2-e of the New Hampshire Criminal Code 

Any person under 21 years of age who is convicted of sale or possession of controlled drugs may be subject to revocation or denial of a driver’s license or privilege to drive for a period between 90 days and 1 year.

See

  • 318 B:2 of the New Hampshire Criminal Code 

Any person under 18 years of age who is convicted of sale or possession with intent to sell controlled drugs shall be subject to revocation or denial of a driver’s license or privilege to drive for a mandatory period of at least one year and a maximum period of up to 5 years. In the case of denial of an application for a license under this section, the period imposed shall begin on the date the person is eligible by age for the issuance of a license.

See

  • 263:56-b of the New Hampshire Criminal Code 
DECRIMINALIZATION

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see: Medical Use.

 

New Hampshire Drugged Driving

In New Hampshire, a person is guilty of DUI if he or she drives or attempts to drive a vehicle upon any way while he or she is under the influence of any controlled drug. N.H. Rev. Stat. Ann. § 265-A:2(2010).

Implied Consent

  • Any person who drives in New Hampshire shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether such person is under the influence of intoxicating liquor and/or controlled drugs. Id. § 265-A:4.
  • If a person under arrest refuses to submit to physical test none shall be given, but the refusal carries the following penalties – an offender with no prior DUI or refusal DUIs will have his or her license to drive or nonresident driving privileges suspended for a period of 180 days. Id. 265-A:14. An offender with prior DUI or a prior refusal of consent will have his or her license suspended for two years. Id. § 265-A:14.

Penalties

  • First offense class B misdemeanor – fine of not less than 500; The person’s driver’s license or privilege to drive shall be revoked for not less than 9 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years; offender is required to complete an impaired driver intervention program prior to the restoration of the offender’s driver’s license. Id. § 265-A:18(I)(a).
  • Second offense (w/i 2 years) class A misdemeanor – fine of not less than $750; mandatory sentence of not less than 37 consecutive days of which 30 consecutive 24-hour periods shall be served in the county correctional facility followed by 7 consecutive days to be served at the state-operated 7-day multiple DWI offender intervention detention center; privilege to drive revoked for not less than 3 years. Id. § 265-A:18(IV)(a).
  • Second offense (w/i 10 years) class A misdemeanor – mandatory sentence of not less than 10 consecutive days of which 3 consecutive 24-hour periods shall be served in the county correctional facility and 7 consecutive days shall be served at the state-operated 7-day multiple DWI offender intervention detention; privilege to drive revoked for not less than 3 years. Id. § 265-A:18(IV)(a).
  • Third offense class A misdemeanor – any person convicted under this paragraph shall be subject to all the penalties associated with a second DUI, except that the person’s driver’s license or privilege to drive shall be revoked indefinitely and shall not be restored for at least 5 years; the person shall be sentenced to a mandatory sentence of not less than 180 consecutive days of which 30 consecutive 24-hour periods shall be served in the county correctional facility following which the person shall complete at the person’s own expense a residential treatment program of at least 28 days duration or an intensive course of substance abuse treatment. Id. § 265-A:18(IV)(b).
  • Fourth and subsequent offense felony – any person convicted under this paragraph shall be subject to all the penalties of associated with a second and third DUI, except that the person shall be guilty of a felony, and the person’s driver’s license or privilege to drive shall be revoked indefinitely and the person shall not petition for eligibility to reapply for a driver’s license as provided in subparagraph (b)(1) for at least 7 years. Id. § 265-A:18(IV)(c).

Sobriety Checkpoints

In New Hampshire, sobriety checkpoints are judicially approved and authorized by statute.

Checkpoints not permitted in New Hampshire unless authorized by a judge. To justify stops without specific suspicion, officers must show the same end can not be achieved by less intrusive means. State v. Koppel, 499 A2d. 977 (1985).

Case Law

State v. Kelley, 986 A.2d 620 (2009) — To convict for DUI, prosecution must prove beyond a reasonable doubt that the defendant was impaired to any degree.

New Hampshire Hemp Law

Year Passed: 2015

Summary: HB 421 was enacted July of 2015. This bill authorizes the University of New Hampshire to grow industrial hemp for research purposes.

New Hampshire Medical Marijuana Law

Status

 

Operational

Law Signed:

 2013

QUALIFYING CONDITIONS

  • ALS
  • Alzheimer’s disease
  • Cachexia
  • Cancer
  • Chemotherapy induced anorexia
  • Chronic Pain
  • Chronic pancreatitis
  • Crohn’s disease
  • Ehlers-Danlos syndrome
  • Elevated intraocular pressure
  • Epilepsy
  • Glaucoma
  • Hepatitis C (currently receiving antiviral treatment)
  • HIV/AIDS
  • Lupus
  • Moderate to severe vomiting
  • Multiple Sclerosis
  • Muscular Dystrophy
  • Nausea
  • Parkinson’s disease
  • Persistent muscle spasms
  • Post-Traumatic Stress Disorder
  • Seizures
  • Severe pain (that has not responded to previously prescribed medication)
  • Spinal cord injury or disease
  • Traumatic brain injury
  • Wasting syndrome

PATIENT POSSESSION LIMITS

Two ounces

HOME CULTIVATION

No

STATE-LICENSED DISPENSARIES

Yes, no more than four

STATE-LICENSED DISPENSARIES OPERATIONAL

Yes

CAREGIVERS

No

ESTIMATED NUMBER OF REGISTERED PATIENTS

RECIPROCITY

Yes, for patients with conditions that are also classified as qualifying conditions in New Hampshire. Out of state patients may not service New Hampshire dispensaries, but may legally possess medical marijuana if they have entered the state with it.