Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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Heroin is a powerful narcotic whose trafficking, sales, and possession all carry stiff penalties. Federal and most state laws classify heroin as a Schedule I controlled substance, which means it has no accepted medical use and has a high potential for abuse. Schedule I drug offenses also carry the stiffest penalties, although many states are beginning to offer "drug court" options that often provide treatment and probation instead of prison time for non-violent offenders. While the federal Drug Enforcement Agency (DEA) focuses primarily on organized crime and larger cases that cross state lines, state courts tend to enforce possession and sales at a smaller scale.
New Hampshire has some of the toughest drug laws in the country, with the possibility of prison for possession of any amount of heroin. Sale of more than five grams of heroin can result in a life sentence upon conviction. See FindLaw's Drug Charges section for more articles.
| Code Section | 318-B:1, et seq. |
| Possession | Possession of any amount -- unless intent to distribute is determined -- charged as a Class B felony (up to 7 yrs. and/or up to $2,000 fine); charged as Class A felony for second offense (up to 15 yrs. and/or $4,000 fine) |
| Sale/Trafficking | Under 1 g.: up to 7 yrs. and/or $100,000; 1-5 g.: up to 40 yrs. and/or $500,000; 5 g. and over: up to 30 yrs. and/or $500,000; Subsequent offense: under 1 g.: Up to 15 yrs. and/or $200,000; 1-5 g.: up to 40 yrs. and/or $500,000; 5 g. and over: maximum life and/or $500,000 |
| Is Drug Court Available? | Yes (New Hampshire Judicial Branch: Drug and Mental Health Courts) |
Note: State laws are subject to change at any time through the enactment of newly signed legislation, higher court decisions, and other means. You may want to contact a New Hampshire drug crime attorney or conduct your own legal research to verify the state law(s) you are researching.
Drug courts offer non-violent drug offenders the option of entering drug rehabilitation and submitting to regular drug testing instead of serving prison time. Find out if a drug court program is available in your county.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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