Marijuana Offenses

Possession

In New Hampshire, having even the smallest amount of marijuana is not permitted. Possession of any amount is a Class “A” misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

Sale

Sale is defined as possession of marijuana with the intent to sell.

The sale of less than 1 oz. is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $25,000.

The sale of 1 oz.-5 lbs. is a felony punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $100,000.

The sale of 5 lbs. or more is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $300,000.

Sale within 1,000 feet of a school zone is a felony punishable by a doubling of the sentence and the fine.

Cultivation

Cultivation (growing) in New Hampshire will be punished based upon the aggregate weight of the plants found. See the “Possession” and “Sale” sections for further penalty details.

Hash & Concentrates

Possessing hashish (hash) or concentrates is a class “A” misdemeanor punishable by a fine no greater than $2,000 and a term of imprisonment no greater than 1 year. Possessing 5 grams or more of hashish is a misdemeanor punishable by fine up to $5,000 and a term of imprisonment no greater than 1 year.

Manufacturing, selling, or possessing with intent to sell or dispense hashish or concentrates is punishable by a fine up to $25,000 and/or a term of imprisonment up to 3 years.

If the amount of hashish or concentrates involved is 5 grams or greater the offense is punishable by a fine up to $100,000 and/or a term of imprisonment up to 7 years.

If the amount of hashish or concentrates involved is greater than 1 pound the offense is punishable by a fine up to $30,000 and term of imprisonment up to 20 years. If any of the offenses occurred within 1,000 feet of a school the fines and terms of imprisonment double.

Any device or equipment used to manufacture hashish or concentrates is considered drug paraphernalia. Manufacturing, or delivering any such device or equipment is a misdemeanor punishable by a fine no greater than $2,000 and/or a term of imprisonment no greater than 1 year.

Paraphernalia

The sale or possession of paraphernalia is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

Miscellaneous

Persons under 21 years of age will face a driver’s license suspension between 90 days and 1 year.

Any person under 18 years of age who is convicted sale or possession with intent to sell controlled drugs shall lose their driver’s license or privilege to drive for a mandatory period of at least one year and a maximum period of up to 5 years. In the case of denial of an application for a license under this section, the period imposed shall begin on the date the person is eligible by age for the issuance of a license.

Future Legislation

As it stands now, New Hampshire does have a medical marijuana bill that was signed into law.

“House and Senate negotiators reached a final compromise on New Hampshire’s medical marijuana bill, HB 573, on June 18, 2013. Gov. Hassan signed it into law July 23, enabling the state health department to begin its rulemaking process.

Although it has been over a year since it was passed into law, there has been little in the way of progress in regards to meeting the requirements set forth by Governor Hassan. Until the requirements have been met the bill will not take into effect.

House Bill 573

“It will allow patients with qualifying medical conditions to register with the state Department of Health and Human Services to possess up to two ounces of marijuana at a time. The department will also register four non-profit alternative treatment centers (ATCs) to grow and sell marijuana to patients. Patients could also designate a caregiver to pick up their medicine for them, but neither patients nor caregivers may cultivate marijuana under any circumstances. Caregivers typically could assist no more than five patients.”

Possible decriminalization of marijuana

Within the last year New Hampshire has made historic legislative progress in the way of marijuana prohibition reform. In early January of 2014, the New Hampshire House of Representatives voted to pass House Bill 492, which would essentially legalize the possession and distribution of marijuana.

“On January 15, the New Hampshire House of Representatives voted 170-162 to approve a bill that would legalize, tax, and regulate marijuana for use by adults in the “Live Free or Die” state. This was the first time any state legislative chamber has approved such a bill. On January 15, the New Hampshire House of Representatives voted 170-162 to approve a bill that would legalize, tax, and regulate marijuana for use by adults in the “Live Free or Die” state. This was the first time any state legislative chamber has approved such a bill.

After passing the House in January, HB 492 — sponsored by Rep. Steve Vaillancourt (R-Manchester) — was considered by the House Ways and Means Committee, which voted against recommending it for passage. In a March 26 vote, the House upheld the committee’s negative recommendation, effectively killing HB 492 for the year.”

Conclusion

There is substantial progress being made in regards to New Hampshires medical marijuana laws. Within the past year, there has been significant changes made to marijuana laws that will inevitably affect the majority of New Hampshire residents.

While the idea of completely legalizing, taxing, and distributing marijuana may seem out of reach, recent efforts by pro-marijuana supporters has made it clear that many residents are ready for a change of current marijuana laws. Knowing that New Hampshire residents are actively supporting marijuana prohibition reform and proposed bills that would legalize marijuana have gained unexpected traction, it would not be surprising to see more propositions similar to HB 492 in 2015.

*Authors note: It should be noted that this information was collected from various third-party sources and the information provided is paraphrased from New Hampshire statutes, specifically, CHAPTER 318-B: CONTROLLED DRUG ACT. To ensure the accuracy and validity of the provided information I have independently corroborated each section utilizing Chapter 318-B of the New Hampshire Statutes.