New Hampshire Marijuana Compliance

New Hampshire marijuana laws have legalized the use of medicinal marijuana for patients that meet the requirements and that have been diagnosed with specific medical conditions. However, the state has not yet developed recreational marijuana laws.

Under RSA 126-X, New Hampshire law exempts medical marijuana users from criminal penalties. Employers may continue to prohibit the use of marijuana in the workplace. An employer does not have to accommodate medicinal marijuana use, and they may administer drug tests and discipline an employee for cannabis use during work hours.

It's important to learn marijuana state vs. federal laws, since marijuana is illegal federally, and is also classified as a Schedule I drug. Becoming familiar with New Hampshire marijuana compliance guidelines, as well as federal laws, can help your organization understand its rights to test for employees' marijuana use while avoiding legal liability.

Here are some commonly asked questions and answers regarding New Hampshire marijuana compliance laws.

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This Information Is Not Intended for Legal Purposes

The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Since marijuana testing regulations can vary, we advise you to seek the guidance of expert legal counsel when creating your company's substance abuse screening program.

New Hampshire Marijuana Compliance

New Hampshire Marijuana Laws

Overall Status: Partially Legal

Medicinal marijuana is legal in New Hampshire for registered cardholders, but recreational marijuana remains illegal under New Hampshire marijuana laws. Patients using medicinal marijuana must abide by New Hampshire marijuana compliance guidelines.

Medical Marijuana: Legal

The use of medicinal marijuana is legal in New Hampshire, and qualified patients may possess up to two ounces to remain legal under New Hampshire marijuana compliance. Medicinal marijuana in New Hampshire may be purchased at licensed dispensaries and may not be legally cultivated at home.

Decriminalized: Yes

Although marijuana is illegal in New Hampshire, the state has somewhat decriminalized marijuana. This generally means that although there may be a fine for first-time offenses for the possession of marijuana in small amounts, there is usually no jail time.

Recreational Marijuana: Illegal

Although medicinal marijuana has become legal in New Hampshire, the state has not passed recreational marijuana laws. Recreational marijuana remains illegal in New Hampshire, although it has been decriminalized to some degree.

Last updated 1/15/2024

Frequently Asked Questions

Marijuana is partially legal in New Hampshire. Medical marijuana has been legalized for qualifying patients, but recreational marijuana remains illegal. The state has decriminalized the possession of small amounts of marijuana.

Possession of less than three-quarters of an ounce is a civil violation with a fine and no jail time.

Are there any unique laws about marijuana in New Hampshire?

New Hampshire has a "drugged driving" law, similar to drunk driving laws. The state does not tolerate driving under the influence of marijuana, and being impaired to any degree, even slight impairment, will result in a DWI, driving while intoxicated.

What is New Hampshire's history with marijuana?

New Hampshire legalized medicinal marijuana in 2013 for patients with certain medical conditions who meet specific requirements. Qualifying conditions include ALS, cancer, chronic pain, epilepsy, glaucoma, HIV/AIDS, multiple sclerosis, PTSD and Parkinson's disease.

Two marijuana legalization bills were introduced but also retained in New Hampshire in 2021, which delayed the voting until 2022. If passed, HB 237 will legalize and regulate marijuana for adults ages 21 and older. HB 629 would legalize the cultivation of marijuana at home and possession of specific cannabis-infused products.

What is the punishment for possession in New Hampshire?

In New Hampshire, the possession of up to three-fourths of an ounce of marijuana is considered a civil violation for first and second offenses and is punishable with a fine of $100 and no jail time. The possession of more than this amount is a misdemeanor, resulting in one year of incarceration and a fine of $350. The possession with intent to sell in any amount is a felony in New Hampshire and, depending on the amount, results in jail time of three to twenty years and a fine of $25,000- $300,000.

Drug Panels That Exclude Marijuana

Urine Drug Panels That Exclude Marijuana Testing

Some of the popular drug panels that remove marijuana testing are listed below:

Also try taking a look at our comprehensive list of urine drug tests that exclude marijuana, where you'll find a complete list of drug tests that do not include THC testing under the "Exclude Marijuana" section.

Hair Drug Panels That Exclude Marijuana Testing

Two of our popular hair tests allow for the option to exclude marijuana from the panel of substances being tested. These include:

For a complete list of our hair drug tests, take a look at our comprehensive list of hair tests.

Drug Panels That Include Marijuana

Urine Drug Panels That Include Marijuana Testing

Many of our testing options include marijuana testing. Below are some of the most popular urine drug tests including marijuana:

Also try taking a look at our comprehensive list of urine drug tests that include marijuana.

Hair Drug Panels That Include Marijuana Testing

Our variety of hair drug tests include many options for marijuana testing. Some of the most commonly ordered hair drug tests are:

A comprehensive list of the hair drug tests that we offer can be found here.


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"New Hampshire Medical Marijuana Law." NORML,
"Marijuana in New Hampshire." Visit New Hampshire,
"New Hampshire." Marijuana Policy Project,
"New Hampshire Drugged Driving Laws." Driving Laws, NOLO,
"New Hampshire House Bill 237." LegiScan,
"New Hampshire Adult-Use Cannabis Act – Summary of HB 237." Marijuana Policy Project,
"New Hampshire House Bill 629." LegiScan,
"Summary of HB 629: Cannabis Legalization (Home Grow Only)." Marijuana Policy Project,