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New Hampshire Marijuana Laws

State marijuana laws began liberalizing in the 1990's after California legalized the medical use of marijuana and decriminalized possession of small amounts, counter to federal drug law. Some states have even legalized the recreational use of cannabis by adults, regulating the herb in a manner similar to alcohol. Most states have at least softened their marijuana laws, sometimes treating simple possession as an infraction (similar to a parking ticket), but others maintain tough sanctions on all controlled substances. The federal government is recognizing state marijuana laws (as of 2015), but it remains a Schedule I drug under U.S. law, despite its medical properties and widespread use.

New Hampshire Marijuana Laws at a Glance

As with other drugs, New Hampshire has a relatively strict stance on marijuana. The state provides some flexibility in the courts, but a simple possession charge -- for any amount -- can result in up to one year in jail and up to $2,000 in fines. Sale or trafficking of more than five pounds may result in a 40-year prison sentence.

Additional details about New Hampshire's current marijuana laws are listed in the following table. See FindLaw's Drug Charges and Patient Rights sections for more information.

Code Section 318-B:1, et seq.
Possession Any amount: Class A misdemeanor (up to 1 yr. in jail and up to $2,000 in fines)
Sale/Trafficking

Under 1 oz.: up to 3 yrs. and/or $25,000; 1 oz. to 5 lbs.: up to 7 yrs. and/or $100,000; Over 5 lbs.: up to 20 yrs. and/or $300,000; Subsequent offense: Under 1 oz.: up to 6 yrs. and/or $50,000; 1 oz. to 5 lbs.: up to 15 yrs. and/or $200,000; Over 5 lbs.: up to 40 yrs. and/or $500,000

Double sentence and double fine if within 1,000 feet of a school zone

Hash & Cannabis Concentrates
Less than 5g: misdemeanor (1 yr., $2,000); more than 5g: misdemeanor (1 yr., $5,000)
Medical Marijuana Yes, for eligible patients with a doctor's recommendation (awaiting regulations before enactment, as of February 2015)
Is Drug Court Available? Yes (New Hampshire Judicial Branch: Drug and Mental Health Courts)

Note: State laws are always subject to change at any time through the enactment of newly signed legislation, decisions from higher courts, and other means. You should contact a New Hampshire drug crime attorney or conduct your own legal research to verify the state law(s) you are researching.

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