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Cannabis in New Hampshire

New Hampshire legalized medical cannabis in 2013, and the first dispensaries opened for qualifying patients in the state in 2016. Since that time, additional medical conditions have been added to the program and a marijuana decriminalization bill was signed into law.

Overview of Key New Hampshire Cannabis Laws

Is medical cannabis allowed? Yes

Is adult-use cannabis allowed? No

Personal Laws

While not completely decriminalized, people in New Hampshire can possess cannabis within certain limits. All legal medical cannabis purchases must be made from licensed dispensaries (referred to as Alternative Treatment Centers or ATCs).

Personal Possession

Overall Possession: Up to 3/4 oz. of cannabis (civil violation with no jail time and a fine up to $100 for the first and second offense)

Non-New Hampshire Resident Purchases and Possession: Out-of-state patients with medical conditions that are qualifying conditions under New Hampshire’s law may possess medical cannabis if they entered the state with it (within the state’s legally-allowed quantity), but they may not purchase it at the state’s licensed dispensaries.

Personal Growing

Personal growing is not allowed in New Hampshire.

Registered Medical Patient Growing: None

Medical Cannabis Patient Qualification and Registry

Patients in New Hampshire must be diagnosed by a medical provider as having a qualifying medical condition and must apply for and be issued a valid Registry ID Card by the state’s Therapeutic Cannabis Program. Patients are required to select one Alternative Treatment Center on their patient applications, and they may only purchase medical cannabis from that location.

Each patient may select a caregiver, but caregivers may only service up to five patients (up to nine if both the caregiver and any qualifying patient above the five patient limit live more than a 50-mile drive from the nearest Alternative Treatment Center.

Qualifying medical conditions include:

  1. Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, muscular dystrophy, Crohn’s disease, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, epilepsy, lupus, Parkinson’s disease, Alzheimer’s disease, ulcerative colitis, Ehlers-Danlos syndrome, or one or more injuries or conditions that has resulted in one or more qualifying symptoms under subparagraph (B);

AND

  1. A severely debilitating or terminal medical condition or its treatment that has produced at least one of the following: elevated intraocular pressure, cachexia, chemotherapy-induced anorexia, wasting syndrome, agitation of Alzheimer’s disease, severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects, constant or severe nausea, moderate to severe vomiting, seizures, or severe, persistent muscle spasms;

OR

  1. Moderate to severe chronic pain.
  2. Severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects.
  3. Moderate or severe post-traumatic stress disorder.

Business Laws

Vertical integration or “license stacking” is allowed, which means a company may hold multiple licenses across the New Hampshire supply chain (i.e., dispensary, processor, and cultivator), referred to as an Alternative Treatment Center license. However, a license holder is not required to operate all three businesses. They may buy and sell from other Alternative Treatment Centers as needed.

Residency is not required to apply for a cannabis business license in New Hampshire, but a majority of the board of directors of the Alternative Treatment Center must be state residents.

Alternative Treatment Center licenses are distributed in four geographic areas. A licensed ATC’s dispensary must be in the designated geographic area, but the processing and cultivation operations can be located in a second location outside of the designated geographic area. There are five Alternative Treatment Centers across the state located in Dover, Merrimack, Lebanon, Plymouth, and Conway. The four geographic areas are:

  • Area 1: Belknap, Rockingham, and Strafford counties
  • Area 2: Hillsborough and Merrimack counties
  • Area 3: Cheshire and Sullivan counties, the town of Hanover, and the city of Lebanon in Grafton County
  • Area 4: Carroll, Coos, and Grafton counties (not including the town of Hanover and the city of Lebanon in Grafton County)

License Types

  1. Alternative Treatment Center License

License Fees

Alternative Treatment Center: $3,000 Request for Application Submission Fee and an initial registration fee based on the geographic area:

  • Areas 1, 2, and 3: $80,000 registration fee
  • Area 4: $40,000 registration fee

License Timeline

The state is not currently accepting license applications.

Testing

Testing is required of all cannabis in New Hampshire. There is not a separate testing lab license in the state. Labs that test cannabis are required to follow specific procedures.

Training

New Hampshire does not require specific training for license holders or employees.

Learn More about Cannabis in New Hampshire and How to Work or Start a Business in the New Hampshire Cannabis Industry

Leafy Green Agency offers a variety of certification seminars for people who want to start businesses, find jobs, get promotions, or invest in the cannabis industry in New Hampshire and across the country. Follow the link to register for an upcoming seminar.

Sources and More Information

Data current as of 12/29/19.