State Laws

New Hampshire Marijuana Laws

     

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.

See also:
New Hampshire Felony
New Hampshire Gun Laws
New Hampshire Divorce
New Hampshire Misdemeanors External link (opens in new window)
New Hampshire Expungement External link (opens in new window)