New Hampshire
Medical Marijuana
N.H. Rev. Stat. §§ 126-X:1 to 126-X:11 (2017)
2016 Act No. 247 
Therapeutic Use of Cannabis
EFFECTIVE DATE: June 10, 2016
2015 Act No. 143
Therapeutic Use of Cannabis
EFFECTIVE DATE: August 11, 2015
2013 Act No. 242
Cannabis for Therapeutic Purposes
EFFECTIVE DATE: July 23, 2013
CHAPTER He-C 400 THERAPEUTIC CANNABIS PROGRAM
Therapeutic Cannabis Advisory Council
RSA 126-X:4, VI – NOTICE EXPLAINING FEDERAL LAW ON THE POSSESSION OF CANNABIS
RSA 126-X, Use of Cannabis for Therapeutic Purposes creates an exemption in state law from criminal penalties for the therapeutic use of cannabis provided that its use is in compliance with RSA 126-X. State law does not exempt a person from federal criminal penalties for the possession of cannabis.
The current federal administration has declared its intention not to pursue or target patients and their caregivers who possess or use small amounts of cannabis for therapeutic use that is part of and compliant with a well regulated state therapeutic cannabis program. However, federal law does not allow for the medical or therapeutic use of cannabis, and the federal government can enforce federal cannabis laws anywhere in the United States, including in states that allow the therapeutic use of cannabis. Federal criminal penalties for the possession of cannabis, in any amount, range from misdemeanors to felonies, and may include incarceration and fines.
To decrease the risk of any federal law enforcement action, patients and caregivers should know and abide by New Hampshire law with regard to the possession and use of therapeutic cannabis at all times.
He-C 402.12 Permitted Quantities of Cannabis at an ATC.
(a) An ATC shall not possess or cultivate cannabis in excess of the following quantities:
(1) Three mature cannabis plants, 12 seedlings, and 6 ounces of usable cannabis for each qualifying patient who has designated the ATC to provide him or her with cannabis for therapeutic use; and
(2) Up to an additional 80 mature cannabis plants, 160 seedlings, and 80 ounces of usable cannabis, including for start-up operations, to assist with a failed batch of cannabis, to allow sufficient quantity of cannabis for new qualifying patients, or to fill requests for the sale of cannabis to other ATCs.
(b) The quantities in (a) above shall be inclusive of all cannabis or CIP possessed or being cultivated at all registered premises under the control of the ATC.
Just for reference, the federal penalties for cannabis plants are below:
Industrial Hemp
N.H. Rev. Stat. §§ 433-C:1 to 433-C:3 (2017)
- Allows institutions of higher education to cultivate hemp for research purposes.
- All research must be coordinated with the New Hampshire Department of Agriculture, Markets and Food.
- All research projects must conclude within three years of commencement.
2015 Act No. 233
Industrial Hemp
EFFECTIVE DATE: September 11, 2015
- Established a committee to study the growth and sale of industrial hemp in New Hampshire.
- The study was required to report their findings by Nov. 1, 2014.
2014 Act No. 18
Industrial Hemp
EFFECTIVE DATE: July 22, 2014
History
1985 Act No. 293
Scheduling of Controlled Substances
EFFECTIVE DATE: August 13, 1985
1975 Act No. 255
Cannabis-Type Drugs
EFFECTIVE DATE: August 5, 1975
1969 Act No. 421
Controlled Drug Act
EFFECTIVE DATE: August 3, 1969
Resources
- New Hampshire Legislature
- New Hampshire Constitution
- New Hampshire Statutes
- New Hampshire Administrative Code
- New Hampshire Session Laws
Page last updated on January 17, 2018