Is marijuana legal in New Hampshire?
Only for medical use. As of 2026, New Hampshire allows therapeutic cannabis for registered patients, and recreational weed is illegal. Possessing 3/4 of an ounce or less is a violation with a fine, not a crime, for most adults.
Status checked November 4, 2026
Contents
Marijuana laws in New Hampshire
New Hampshire created the Therapeutic Cannabis Program in 2013 under RSA 126-X. Qualifying patients with a registry identification card may possess up to two ounces of usable cannabis and buy it from licensed Alternative Treatment Centers. The Department of Health and Human Services maintains the registry. Recreational marijuana is not legal.
Patients and designated caregivers may not grow cannabis. A “cultivation location” under the program is a locked site controlled by an Alternative Treatment Center, not a patient’s home. House Bill 186, which would have legalized adult possession of up to two ounces and home cultivation of up to six plants, passed the House on January 7, 2026, but the Senate tabled it on March 5, 2026, ending the bill for that session.
Outside the medical program, possessing 3/4 of an ounce or less of marijuana, or 5 grams or less of hashish, is a violation. For people 18 and older, the usual fine is $100 for a first or second offense and up to $300 for a later offense within three years. Adults 21 and older have a similar violation for a personal-use amount of a regulated marijuana-infused product from a legal-sales state, in its original packaging, with no more than 300 milligrams of THC.
Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026.
New Hampshire State House, Concord Photo: Adobe Stock (editorial use only).
What the law says
Legal
- A qualifying patient shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or denied any right or privilege for the therapeutic use of cannabis in accordance with this chapter, if the qualifying patient possesses an amount of cannabis that does not exceed the following: (a) Two ounces of usable cannabis; and (b) Any amount of unusable cannabis.
- A valid registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of Canada that allows, in the jurisdiction of issuance, a visiting qualifying patient to possess cannabis for therapeutic purposes, shall have the same force and effect and be subject to the same restrictions as a valid registry identification card issued by the department in this state
Not legal
- A visiting qualifying patient shall not cultivate cannabis in New Hampshire or obtain or purchase cannabis from a New Hampshire qualifying patient or designated caregiver.
- any person who knowingly possesses 3/4 of an ounce or less of marijuana, including adulterants or dilutants, shall be guilty of a violation
Quoted from New Hampshire RSA 126-X:2.
How old do you have to be to use marijuana in New Hampshire?
There's no legal age to buy recreational weed in New Hampshire, because recreational marijuana is illegal at any age. Therapeutic cannabis is available to qualifying patients who hold a registry identification card, including minors who have a designated caregiver. Alternative Treatment Centers sell only to registered patients and caregivers. For everyone else, possessing 3/4 of an ounce or less is a violation, not legalization.
How much marijuana can you have in New Hampshire?
Registered patients in New Hampshire can have up to two ounces of usable cannabis, plus unusable cannabis, under RSA 126-X:2. Designated caregivers have the same two-ounce limit, or that amount times the number of patients they serve. For everyone else, possessing 3/4 of an ounce or less of marijuana, or 5 grams or less of hashish, is a violation. Adults 21 and older may also possess a personal-use amount of a regulated infused product bought in a legal-sales state, in its original child-resistant labeled packaging, with no more than 300 milligrams of THC, as a violation rather than a crime.
Where can you buy marijuana in New Hampshire?
You can buy weed in New Hampshire only at licensed Alternative Treatment Centers, and only if you are a registered qualifying patient or designated caregiver. There are no recreational dispensaries. A visiting qualifying patient with a valid card from another U.S. jurisdiction or Canada is treated like a New Hampshire cardholder, except that visitor may not grow cannabis in New Hampshire or get it from a New Hampshire patient or caregiver. Recreational stores do not exist.
Can you grow marijuana at home in New Hampshire?
No, you can't grow weed at home in New Hampshire, even as a registered patient. RSA 126-X does not authorize patient or caregiver cultivation; cannabis must come from a licensed Alternative Treatment Center. Visiting patients are also barred from cultivating in New Hampshire. Growing marijuana outside the therapeutic program can bring felony drug charges. House Bill 186, which would have allowed adults to grow up to six plants, did not pass in 2026.
Where can you use marijuana in New Hampshire?
You can't legally smoke recreational weed anywhere in New Hampshire, because recreational use is illegal. Registered patients may use therapeutic cannabis in accordance with RSA 126-X. The program does not create public smoking areas, and it does not protect driving while impaired. Property owners and employers can set their own rules. Patients must possess a valid registry card and stay within the two-ounce usable limit.
How do you get a medical marijuana card in New Hampshire?
To get a medical marijuana card in New Hampshire, you apply to the Therapeutic Cannabis Program at the Department of Health and Human Services. You need a written certification from a qualifying medical provider for a qualifying medical condition, and then the department issues a registry identification card. The card lets you buy therapeutic cannabis at a licensed Alternative Treatment Center. Minors and some other patients use a designated caregiver, who may assist up to a limited number of patients.
Can visitors buy or use marijuana in New Hampshire?
Out-of-state visitors can't buy recreational marijuana in New Hampshire. A visitor who has a valid medical cannabis card from another U.S. jurisdiction or from Canada is treated as a visiting qualifying patient, with the same force and effect as a New Hampshire registry card, except the visitor may not grow cannabis in New Hampshire or obtain it from a New Hampshire patient or caregiver. Recreational possession remains a violation or a crime depending on the amount.
What are the rules on driving and marijuana in New Hampshire?
No, you can't drive high in New Hampshire. The therapeutic cannabis law protects certain possession and use by registered patients; it does not protect driving under the influence of cannabis. New Hampshire's impaired-driving laws still apply to patients and to everyone else. Possessing a legal patient amount, or a decriminalized personal-use amount, is not a defense to impaired driving.
Can an employer in New Hampshire fire you for using marijuana?
Yes, you can get fired for using marijuana in New Hampshire. RSA 126-X does not require private employers to allow therapeutic cannabis at work or ignore a positive test. Recreational use is illegal and has no job protection. Employers may keep drug-free workplace policies.
What are the penalties for breaking marijuana laws in New Hampshire?
In New Hampshire, registered patients who stay within two ounces of usable cannabis are protected from state arrest and prosecution for that therapeutic use. For everyone else, possessing 3/4 of an ounce or less is a violation with a $100 fine for a first or second offense and up to $300 for a later offense within three years; a fourth offense in three years can be a class B misdemeanor. People 18 to 20 who possess marijuana-infused products commit a misdemeanor. Growing or selling outside the program can be a felony.
Are CBD, hemp and delta-8 products legal in New Hampshire?
Hemp grown and sold under RSA 439-A is excluded from the marijuana definition in the personal-possession statute. CBD from lawful hemp can be sold as a hemp product. Delta-8, THCA flower and other intoxicating products that do not meet that hemp definition are treated as marijuana. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in New Hampshire?
Yes. Federal law still applies in New Hampshire. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in New Hampshire changed recently, or is it about to?
When will weed be legal in New Hampshire? There is no date. House Bill 186, which would have allowed adults 21 and older to possess up to two ounces and grow up to six plants, passed the House on January 7, 2026, but the Senate tabled it on March 5, 2026, ending the bill for the session. New Hampshire remains the only New England state without adult-use legalization. New federal hemp limits take effect November 12 and December 11, 2026.
Legislation
Sources (6)
- New Hampshire RSA 126-X:2, Therapeutic use of cannabis protections gencourt.state.nh.us
- New Hampshire RSA 318-B:2-c, Personal possession of marijuana gencourt.state.nh.us
- New Hampshire Department of Health and Human Services, Therapeutic Cannabis Program dhhs.nh.gov
- dea.gov
- federalregister.gov
- congress.gov
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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