New Hampshire

Medical cannabis is legal in New Hampshire, personal cultivation is not. Patients and caregivers may possess up to 2 ounces of dried cannabis or concentrates. Patients may acquire their medicine from a limited number of dispensaries where they report costs are high and create a barrier to access. Under the law, patients with qualifying conditions and caregivers registered with the New Hampshire Department of Health and Human Services’ medical cannabis program, in possession of a registry ID card, who possess no more than two ounces of cannabis, are protected from arrest or prosecution. If charged, registration provides an affirmative defense for patients or caregivers in compliance with the law, and patients and caregivers may not be denied any right or privilege based on their status. 

Non-resident patients who have a medical condition recognized under the Act and who are in possession of an out-of-state therapeutic cannabis IDs from are entitled to limited protection for possession of cannabis for the therapeutic purposes recognized under New Hampshire law. Such visiting qualifying patients are prohibited from purchasing cannabis from retail locations or a registered New Hampshire patient or caregiver, however. Details on how these laws apply to patients and medical professionals can be found below.

In 2020, House Bill 399 went into effect. Anyone who was previously convicted of cannabis offenses involving three-quarters of an ounce of cannabis or less is now able to petition the court for annulment. Instructions for annulling personal possession charges are available online.

Here is a breakdown of how New Hampshire fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for New Hampshire can be found below. For policy updates sign up here.

Patient Rights and Civil Protections	75/100
Arrest Protection 25/25 Affirmative Defense 20/20 Parental Rights Protections 20/20 DUI Protections 5/10 Employment Protections 0/20 Explicit Privacy Standards 5/5
Access to Medicine	20/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 0/20 - Authorizes Delivery 0/10 - Authorizes Curbside Pickup 0/10 Personal Cultivation 0/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 0/30 Reciprocity 10/20
Program Functionality	68/100
Legal Protections Within Reasonable Time Frame 16/20 Reasonable Possession Limits 5/10 Reasonable Purchase Limits 10/10 Telemedicine for Physician Certifications 0/15 Patient and Physician Representation in Program Decision Making 20/20 Reasonable Caregiver Standards 2/5 - Background Checks 0/2 - Number of Caregivers 2/3 Reasonable Physician Standards 5/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 0/5
Affordability	40/100
Sales Tax Break for Patients and Caregivers 20/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 0/20 Donation Program 0/10 Allows Multi-Year Registrations 0/10
Health and Social Equity	49/100
State Program Protections 25/25 Housing Protections 0/25 Access for Minors 10/10 Access in Underserved Areas 0/10 List of Qualifying Conditions is Exhaustive or All Inclusive 9/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 5/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	84/200
Cultivation Operations 27/50 Quality Management Systems 10/10 Staff Training 0/10 Standard Operating Procedures 6/8 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 0/1 - Water Management 0/1 - Records Management 1/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 0/2 Required Testing 5/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Foreign Matter 0/1 - Moisture Content/ Water Activity 0/1 Packaging and Labeling 1/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 3/7 Manufacturing Operations 37/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 6/7 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 1/1 Environmental Impact Regulations 0/3 Required Testing 5/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 0/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 0/1 - Foreign Matter 0/1 - Water Activity 0/1 Packaging and Labeling 3/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 3/5 Dispensary Operations 13/50 Staff Training 0/20 Standard Operating Procedures 6/7 - Facility Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 1/1 Product Testing 0/10 - Product Meets Requirements Before Sale 0/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 7/13 Laboratory Operations 7/50 Independent or Third-Party 5/5 Laboratory Sampling 0/5 Method Validation 0/4 Quality Management Systems 0/5 Staff Training 0/20 Standard Operating Procedures 0/7 - Facility and Equipment Sanitation 0/1 - Equipment and Instrument Calibration 0/1 - Workplace Safety 0/1 - Sample Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Records Management 0/1 Result Reporting 2/4
Score Penalties	15/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 0/15 Requires Vertical Integration 5/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 10/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.