New Hampshire Law Unlike most other states New Hampshire possession laws are less
severe and are greatly different from trafficking, selling, and
cultivating laws. Possession laws are more likely to be minimized, in
many cases, rather than elevated, like under selling, cultivating, and
trafficking laws.
There are currently no laws in the state of New Hampshire legalizing
marijuana for any purpose. This means that the use, possession, and
cultivation of marijuana for medical purposes is illegal. Although the
bill to legalize marijuana for medical purposes was passed by the
Senate and the House of Representatives, the bill was then vetoed by
the current governor.
Possession In most states possession offenses are broken into categories of
first offenses and subsequent offenses, and the amounts in possession
in grams or kilograms. New Hampshire instead has two categories of
marijuana possession penalties that are based on age.
Possessing any amount of marijuana within New Hampshire state borders
is considered a misdemeanor offense. This offense can earn penalties up
to one year of imprisonment and a fine of two thousand dollars.
When an individual between the ages of fifteen and eighteen possesses
any amount of marijuana, he or she will be charged with a misdemeanor
offense. This offense can earn up to one year and no less than ninety
days of driver's license suspension.
Cultivation and Sale Selling and cultivating marijuana is under the same category of
punishments. All sale or cultivation crimes are considered felony
offenses, no matter the individual's age, the number of prior offenses,
or the amount in growth or sale.
Selling or cultivating less than one ounce, on a first offense, can
earn penalties of up to three years in prison and a fine of twenty-five
thousand dollars.
Selling or cultivating between one ounce and five pounds, on a first
offense, can be penalized through imprisonment up to seven years and a
fine up to one hundred thousand dollars.
A first offense of selling or cultivating more than five pounds of
marijuana is punishable by up to twenty years in prison and fine of
three hundred thousand dollars.
Selling any amount of marijuana on or within one thousand feet of
school property can earn double penalties. For instance selling three
pounds on school property can equal fourteen years of imprisonment and
a fine of six hundred thousand dollars, for the single incident.
Individuals between the ages of fifteen and eighteen will be punished
less severely for selling or cultivating marijuana but will still be
charged with felony offenses. These individuals can earn driver's
license suspension between one year and five years.
Other The sale and possessing of marijuana paraphernalia is considered
a misdemeanor offense and can earn up to one year of imprisonment and a
fine of two thousand dollars.
Though New Hampshire does not have set laws for driving under the
influence of marijuana, those who do so will be charged with the same
penalties as those who drive under the influence of alcohol or illegal
substances. Driving privileges will be restricted and administrative
penalties will apply accordingly.