Recreational marijuana remains illegal in New Hampshire, but possession of small amounts has been decriminalized. The state also operates a comprehensive therapeutic cannabis program allowing registered patients with qualifying medical conditions to purchase marijuana from licensed dispensaries.
For people outside the medical program, possession of three-quarters of an ounce or less of marijuana, 5 grams or less of hashish, or certain regulated marijuana-infused products is generally treated as a violation rather than a criminal offense. A first or second violation carries a $100 fine.
Registered therapeutic cannabis patients may possess up to 2 ounces of usable marijuana and may obtain up to 2 ounces during any 10-day period. Patients and caregivers are not allowed to grow marijuana at home.
This page covers New Hampshire marijuana possession penalties, medical marijuana, qualifying conditions, dispensaries, home cultivation and other major laws. For laws in other states, visit The Marijuana Herald’s Marijuana Laws by State guide.
Last updated: September 13, 2026
New Hampshire Marijuana Laws at a Glance
| Law | Current Rule |
|---|---|
| Recreational marijuana | Illegal |
| 3/4 ounce or less of marijuana | Violation rather than criminal offense |
| First or second small-possession offense | $100 fine |
| Recreational sales | Illegal |
| Recreational home grow | Illegal |
| Medical marijuana | Legal |
| Medical possession limit | 2 ounces of usable marijuana |
| Medical purchase limit | Up to 2 ounces every 10 days |
| Medical home grow | Illegal |
| Medical dispensaries | Legal |
| Public medical marijuana smoking/vaping | Illegal |
| Out-of-state medical cards | Recognized for qualifying visitors |
| General state sales tax | None |
Is Recreational Marijuana Legal in New Hampshire?
No. New Hampshire has not legalized recreational marijuana.
Adults cannot legally possess marijuana simply because they are 21 or older, and the state does not license recreational marijuana stores.
New Hampshire has instead decriminalized possession of certain small amounts. Possession remains unlawful but is generally treated as a violation rather than a crime when the amount stays within the state’s decriminalized thresholds.
A 2026 proposal to amend the state constitution to establish a right for adults 21 and older to possess a modest amount of marijuana did not advance. CACR 19 died when the legislative session ended.
How Much Marijuana Can You Possess in New Hampshire?
There is no legal recreational marijuana possession allowance.
However, New Hampshire’s decriminalization law applies to:
- Three-quarters of an ounce or less of marijuana
- 5 grams or less of hashish
- For adults 21 and older, qualifying marijuana-infused products containing no more than 300 milligrams of THC when the products meet the state’s packaging requirements
A qualifying infused product must have been obtained from a state where adult marijuana sales are legal and regulated and must remain in its original child-resistant, labeled packaging while stored.
Possessing those amounts remains a violation, but it generally does not result in arrest or a criminal conviction.
What Are the Penalties for Marijuana Possession in New Hampshire?
For adults covered by New Hampshire’s small-possession decriminalization law:
| Offense | Penalty |
|---|---|
| First offense | $100 fine |
| Second offense | $100 fine |
| Subsequent offense within 3 years | Up to $300 fine |
| Fourth offense after 3 prior qualifying convictions within 3 years | Class B misdemeanor |
The marijuana, hashish or marijuana-infused products are also subject to forfeiture.
A court must waive the fine for a single qualifying conviction within a three-year period if the person provides proof of completing a substance use assessment with a licensed drug and alcohol counselor within the required time.
New Hampshire law also generally prohibits police from arresting a person solely for one of these small-possession violations unless another lawful reason for arrest exists.
What Happens if You Possess More Than Three-Quarters of an Ounce?
Possession of more than three-quarters of an ounce of marijuana or more than 5 grams of hashish falls outside New Hampshire’s decriminalization protections.
State law classifies possession above those limits as a misdemeanor unless another legal protection applies, such as the therapeutic cannabis program.
A misdemeanor that is not otherwise classified is generally presumed to be a Class B misdemeanor under New Hampshire law unless prosecutors seek Class A misdemeanor penalties or another statutory exception applies. Class B misdemeanors do not carry incarceration, while Class A misdemeanors may carry up to one year in jail.
Larger quantities, distribution or possession with intent to sell can result in substantially more serious charges.
Has New Hampshire Decriminalized Marijuana?
Yes, but only in a limited sense.
Possession of three-quarters of an ounce or less of marijuana and 5 grams or less of hashish is generally a noncriminal violation. Adults 21 and older receive similar treatment for certain regulated marijuana-infused products containing no more than 300 milligrams of THC.
That is different from legalization.
There are no legal recreational marijuana stores, ordinary adult possession remains technically unlawful and amounts above the decriminalized threshold can result in criminal charges.
Can You Buy Recreational Marijuana in New Hampshire?
No.
New Hampshire does not license recreational marijuana retailers.
Adults may legally purchase marijuana in neighboring states that allow recreational sales if they satisfy those states’ laws, but bringing marijuana back across the New Hampshire border remains prohibited under federal law.
Possession after returning to New Hampshire is also governed by New Hampshire law, including the state’s decriminalization thresholds.
Can You Grow Marijuana at Home in New Hampshire?
No.
New Hampshire does not allow recreational marijuana home cultivation.
Unlike several neighboring New England states, New Hampshire also does not allow registered therapeutic cannabis patients or designated caregivers to grow marijuana at home.
The state’s therapeutic cannabis statute expressly excludes cultivation by qualifying patients and designated caregivers from protected therapeutic use.
Marijuana cultivation for the medical program is conducted by licensed alternative treatment centers.
Is Medical Marijuana Legal in New Hampshire?
Yes.
New Hampshire’s Therapeutic Cannabis Program allows registered qualifying patients to legally obtain, possess and use marijuana for qualifying medical conditions.
The state refers to medical marijuana as “therapeutic cannabis.”
Qualifying patients receive a registry identification card from the New Hampshire Department of Health and Human Services. Registered patients may purchase marijuana and marijuana products from licensed alternative treatment centers.
How Much Medical Marijuana Can Patients Possess?
A registered qualifying patient may possess up to 2 ounces of usable marijuana.
The law also allows a patient to possess any amount of “unusable cannabis,” which includes items such as seeds, stalks and roots.
A designated caregiver may possess up to 2 ounces for each qualifying patient the caregiver is authorized to assist.
Patients and caregivers should carry their registry identification card when possessing marijuana outside the home. Failure to have the card while carrying marijuana can result in a fine of up to $100.
How Much Medical Marijuana Can Patients Buy?
A qualifying patient generally may obtain no more than 2 ounces of usable marijuana during any 10-day period.
Licensed alternative treatment centers are required to check dispensing records before completing a sale to ensure the transaction will not cause the patient to exceed that limit.
The Department of Health and Human Services has authority to adjust the limit through rulemaking if a different amount is determined to be reasonably necessary for a 10-day supply.
What Conditions Qualify for Medical Marijuana in New Hampshire?
New Hampshire recognizes several stand-alone qualifying conditions, including:
- Moderate to severe chronic pain
- Severe pain
- Moderate or severe post-traumatic stress disorder
- Autism spectrum disorder
- Opioid use disorder under specific conditions
- Generalized anxiety disorder
Adults 21 and older may also qualify for any debilitating or terminal medical condition or symptom when the certifying provider determines that the potential benefits of therapeutic marijuana are likely to outweigh the potential health risks.
New Hampshire also recognizes numerous diagnoses when accompanied by a qualifying symptom, including:
- Cancer
- Glaucoma
- HIV
- AIDS
- Hepatitis C
- Amyotrophic lateral sclerosis
- Muscular dystrophy
- Crohn’s disease
- Multiple sclerosis
- Chronic pancreatitis
- Spinal cord injury or disease
- Traumatic brain injury
- Epilepsy
- Lupus
- Parkinson’s disease
- Alzheimer’s disease
- Ulcerative colitis
- Ehlers-Danlos syndrome
Qualifying symptoms include conditions such as severe pain, constant or severe nausea, seizures, severe persistent muscle spasms, cachexia, wasting syndrome and moderate to severe insomnia.
What Are the Benefits of a New Hampshire Medical Marijuana Card?
The most significant benefit is that qualifying patients receive legal protection for marijuana possession that recreational consumers do not.
Registered patients may legally:
- Possess up to 2 ounces of usable marijuana
- Purchase up to 2 ounces during a 10-day period
- Buy marijuana from licensed alternative treatment centers
- Possess marijuana without facing the state’s ordinary recreational possession penalties
- Use a designated caregiver when appropriate
New Hampshire also does not impose a general state sales tax on goods, meaning therapeutic cannabis purchases are not subject to a broad statewide sales tax like those imposed in many other states.
The program does not provide patients with home cultivation rights.
Are Medical Marijuana Dispensaries Open in New Hampshire?
Yes.
New Hampshire licenses medical marijuana dispensaries as alternative treatment centers.
State program materials list seven dispensing locations, including facilities in Merrimack, Chichester, Plymouth, Conway, Dover, Lebanon and Keene.
State law allows no more than four alternative treatment center licenses, although licensees may operate additional approved dispensing locations.
Recreational customers cannot purchase from these businesses unless they separately qualify under the therapeutic cannabis program or applicable visiting-patient rules.
Can Medical Marijuana Patients Grow Marijuana at Home?
No.
New Hampshire’s medical marijuana law does not allow qualifying patients or designated caregivers to cultivate marijuana.
The statute specifically states that protected “therapeutic use” does not include cultivation by a qualifying patient or designated caregiver.
Cultivation for New Hampshire’s medical program is instead restricted to licensed alternative treatment centers and their authorized cultivation facilities.
Does New Hampshire Accept Out-of-State Medical Marijuana Cards?
Yes.
New Hampshire recognizes valid medical marijuana cards or equivalent credentials issued by another U.S. state, district, territory, commonwealth or insular possession, as well as qualifying Canadian credentials.
A visiting qualifying patient’s card receives the same general legal recognition as a New Hampshire registry card for protected possession, subject to the state’s restrictions.
Visiting patients may not grow marijuana in New Hampshire or obtain marijuana directly from a New Hampshire patient or caregiver.
Current law also allows licensed alternative treatment centers to dispense marijuana to visiting qualifying patients subject to state regulations.
Can You Smoke Medical Marijuana in Public?
No.
New Hampshire prohibits therapeutic marijuana patients from smoking or vaporizing marijuana in public places.
That includes locations such as:
- Public buses and other public vehicles
- Public parks
- Public beaches
- Public fields
The law also restricts possession in certain locations, including schools, correctional facilities, public recreation centers and law enforcement facilities.
Patients may use therapeutic marijuana on private property only with the required permission of the property owner or lawful tenant.
Can Landlords Ban Medical Marijuana Use?
Landlords may prohibit smoking marijuana when smoking is barred by the lease or the property’s general smoking policies.
However, New Hampshire’s therapeutic cannabis law specifically says a tenant may allow a qualifying patient to use marijuana on rented property through ingestion or vaporization even when smoking is prohibited by the lease or rental policy.
Other lease provisions and property rules may still apply.
Can You Drive After Using Marijuana in New Hampshire?
No.
Driving while impaired by marijuana remains illegal.
New Hampshire’s therapeutic cannabis law does not protect patients who are under the influence while operating a motor vehicle, commercial vehicle, boat or other powered vehicle. It also does not protect impaired operation of heavy machinery.
A medical marijuana card is therefore not a defense to impaired-driving laws.
Can You Give Marijuana to Another Adult in New Hampshire?
There is no legal recreational marijuana gifting system.
New Hampshire’s decriminalization law reduces penalties for possession but does not authorize adults to sell or transfer marijuana to each other.
Medical marijuana patients also cannot divert their therapeutic cannabis to unauthorized people. Selling therapeutic marijuana to someone who is not legally authorized can result in criminal penalties and revocation of the patient’s registry identification card.
Is Marijuana Delivery Legal in New Hampshire?
New Hampshire does not have a recreational marijuana delivery market because recreational sales remain illegal.
The state’s therapeutic cannabis program is based primarily around licensed alternative treatment centers and registered patients and caregivers.
Designated caregivers may legally obtain marijuana on behalf of qualifying patients they are registered to assist, but that is different from a general commercial home-delivery system.
What Changed With New Hampshire Marijuana Laws in 2026?
New Hampshire did not legalize recreational marijuana in 2026, but lawmakers made changes to the medical program.
Alternative Treatment Centers Can Use Greenhouse Cultivation
Senate Bill 468 allows licensed alternative treatment centers to apply for authorization to operate greenhouse cultivation locations.
The measure was initially vetoed but lawmakers overrode the veto on August 19, 2026, making the law effective immediately. The law directs regulators to establish rules governing greenhouse locations and security and requires applicants to explain how greenhouse cultivation will reduce energy costs and lower prices for patients.
Recreational Possession Amendment Failed
CACR 19 proposed amending the New Hampshire Constitution to establish a right for adults 21 and older to possess a modest amount of marijuana for personal consumption.
The proposal failed to advance and died when the 2026 legislative session ended.
Proposal to Make Medical Marijuana Businesses For-Profit Did Not Advance
Lawmakers also considered legislation that would have allowed alternative treatment centers to operate as for-profit businesses.
Senate Bill 479 was laid on the table, while a similar proposal carried over from 2025, House Bill 54, was also tabled in the Senate. New Hampshire’s alternative treatment centers therefore remain required to operate on a not-for-profit basis.
Related Marijuana Laws and Protections
Residents should also be aware that legalization does not eliminate restrictions on impaired driving or guarantee workplace protections. See our guides to marijuana DUI laws by state and marijuana employment laws for a broader look at how Illinois compares with other states.
People with past marijuana convictions may also qualify for record-clearing relief. Our Marijuana Expungement Laws by State guide explains how all 50 states handle expungement and related relief.
Official Sources
- New Hampshire RSA Chapter 126-X: Use of Cannabis for Therapeutic Purposes
- New Hampshire RSA 318-B:2-c: Personal Possession of Marijuana
- New Hampshire RSA 318-B:26: Marijuana and Controlled Drug Penalties
- New Hampshire DHHS: Therapeutic Cannabis Program
- New Hampshire Therapeutic Cannabis Administrative Rules
- New Hampshire Department of Revenue Administration: General Tax Information
