Is Weed Legal in New Hampshire?

Recreational cannabis remains illegal under RSA 318-B — but two carve-outs significantly limit enforcement: 2017’s HB 640 decriminalization (RSA 318-B:2-c) made ≤3/4 oz a $100 civil violation, and the Therapeutic Cannabis Program (RSA 126-X) permits qualifying medical patients. Sales, distribution, and any cultivation remain felonies.

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 / OffenseClassPenalty
≤ 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