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Reviewed Sep 2026Decriminalized

Cannabis in New Hampshire

New Hampshire cannabis law: 3/4 oz or less is a $100 civil fine, adult sales are illegal, medical patients buy at ATCs; the Senate tabled HB 186 in 2026.

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The rules

Key rules in New Hampshire

Plain-language summary. The regulator is New Hampshire Department of Health and Human Services — Therapeutic Cannabis Program.

  • Adult use

    Not legal; no retail sales

  • Small amounts

    3/4 oz of marijuana or 5 g of hashish or less: violation; $100 for a first or second offense, up to $300 for later ones within 3 years (RSA 318-B:2-c)

  • Larger amounts

    More than 3/4 oz or 5 g: misdemeanor

  • Medical access

    Therapeutic Cannabis Program (RSA 126-X); provider certification and a registry ID card

  • Card fee

    $50 to apply or renew (program summaries)

  • Patient limit

    2 oz held; 2 oz per rolling 10 days at an Alternative Treatment Center

  • Visitors

    Since Oct 1, 2024 out-of-state patients with valid credentials may buy on the same terms as residents (third-party summary)

  • Home grow

    Not allowed for patients

  • 2026 legislation

    HB 186 passed the House 208-135 and was tabled by the Senate 15-9; Gov. Ayotte has vowed to veto legalization

Summary, not legal advice — rules change; check local law. Last reviewed Sep 2026.

How it works

How cannabis is sold in New Hampshire

New Hampshire is the one New England state with no legal adult-use market. Cannabis is not legal for recreation, but the state stopped treating tiny amounts as a crime in 2017: possessing three-quarters of an ounce of marijuana or five grams of hashish or less is a violation, punished by a $100 fine for a first or second offense and up to $300 for later offenses within three years. Anything above that is a misdemeanor. All three neighbors, Maine, Massachusetts and Vermont, sell cannabis to adults, so many residents drive across the border, which remains a federal offense.

The legal source is the Therapeutic Cannabis Program, created under RSA 126-X in 2013 and run by the Department of Health and Human Services. Patients get a registry card, $50 according to program summaries, and buy from state-licensed nonprofit Alternative Treatment Centers. A patient may hold two ounces and buy two ounces in any ten-day period, and home cultivation is not allowed. A 2024 law lets providers certify any debilitating or terminal condition rather than a fixed list, and a second 2024 law widened who may certify to include dentists, podiatrists, optometrists and naturopathic doctors. Since October 1, 2024 visitors with valid medical credentials from another state, territory or Canada may buy on the same terms as residents, according to a third-party summary of DHHS rules.

Legalization stalled again in 2026. The House passed HB 186 in January by 208 to 135. It would have let adults 21 and older hold two ounces, grow six plants and buy at licensed shops under an 8.5% tax, with local votes on retail. The Senate tabled it 15 to 9 in early March, and Governor Kelly Ayotte, a Republican, has said she would veto any relaxation, even if the federal government reschedules marijuana. A constitutional amendment proposed by Representative Jonah Wheeler would need three-fifths of both chambers to reach the ballot. Read this page as general information, not legal advice.

Cannabis in New Hampshire: questions

Is weed legal in New Hampshire?

Not for recreation. Possessing three-quarters of an ounce or less is decriminalized and carries a $100 civil fine for a first or second offense, but there are no legal adult-use stores. The only legal access is the medical program.

What is the penalty for weed in New Hampshire?

For up to three-quarters of an ounce of marijuana or five grams of hashish, a $100 fine for a first or second offense and up to $300 for later offenses within three years. More than that is a misdemeanor.

Did New Hampshire legalize marijuana in 2026?

No. The House passed HB 186 by 208 to 135 in January, but the Senate voted 15 to 9 to table it in early March, and Governor Ayotte has said she would veto legalization.

Can you buy medical marijuana in New Hampshire as a visitor?

According to a third-party summary of the rules, since October 1, 2024 visitors from other states, territories or Canada with valid medical credentials may buy from the state's Alternative Treatment Centers on the same terms as residents. Confirm with a center before you travel.

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