US State

Cannabis and hemp laws

New Hampshire

Recreational marijuana decriminalized, medical legal

Adult use
Decriminalized
Medical
Legal
Last reviewed
May 27, 2026

New Hampshire

Cannabinoid status board

All states and compounds

Delta-10 THC

Illegal

Limits

Hemp products containing delta-10 THC above 0.3% in any formulation are not authorized for sale under RSA 439-A:4. Statute captures any THC isomer variant.

Key law

RSA 439-A:4 (hemp-derived THC products prohibited); HB 611 (2023); RSA 318-B (Controlled Drug Act); NH Department of Agriculture, Markets and Food

Effective

October 7, 2023

Full rules

Delta-8 THC

Illegal

Limits

Hemp products containing delta-8 THC above 0.3% in any formulation are not authorized for sale under RSA 439-A:4. Delta-8 explicitly listed.

Key law

RSA 439-A:4 (hemp-derived THC products prohibited); HB 611 (2023); RSA 318-B (Controlled Drug Act); NH Department of Agriculture, Markets and Food

Effective

October 7, 2023

Full rules

Delta-9 THC

Illegal

Limits

Hemp products containing delta-9 THC above 0.3% on a dry weight basis in any formulation are not authorized for sale. No state-level mg cap because the underlying products are not authorized.

Key law

RSA 439-A:4 (hemp-derived THC products prohibited); HB 611 (2023); RSA 126-X (Therapeutic Cannabis); NH Department of Agriculture, Markets and Food

Effective

October 7, 2023

Full rules

HHC

Illegal

Limits

Hemp products containing HHC above 0.3% in any formulation are not authorized for sale under RSA 439-A:4. Statute captures any THC isomer variant.

Key law

RSA 439-A:4 (hemp-derived THC products prohibited); HB 611 (2023); RSA 318-B (Controlled Drug Act); NH Department of Agriculture, Markets and Food

Effective

October 7, 2023

Full rules

THCA

Restricted

Limits

Hemp products containing THC greater than 0.3% in any formulation are not authorized for sale under RSA 439-A:4. Medical cannabis program separate. No adult-use program.

Key law

RSA 439-A:4 (hemp-derived THC products prohibited); RSA 126-X (Therapeutic Cannabis); HB 611 (2023); NH Department of Agriculture, Markets and Food

Effective

October 7, 2023

Full rules

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New Hampshire

Latest news and analysis

All news

New Hampshire 2025: Total‑THC Crackdown Emerges in Bills as Lawmakers Debate Adult‑Use

New Hampshire HB 75 would legalize adult-use cannabis for ages 21 and over in 2025 while companion bills target total-THC in hemp-derived intoxicants.

New Hampshire 2025: Total‑THC Crackdown Emerges in Bills as Lawmakers Debate Adult‑Use

New Hampshire HB 75 would legalize adult-use cannabis for ages 21 and over in 2025 while companion bills target total-THC in hemp-derived intoxicants.

FAQ

Common questions

Is marijuana legal in New Hampshire?

Recreational marijuana is decriminalized in New Hampshire. Medical marijuana is legal.

Is THCA legal in New Hampshire?

Restricted. New Hampshire is not a friendly state for retail THCA flower.

Is delta-8 THC legal in New Hampshire?

No. Delta-8 THC is not authorized for sale in New Hampshire. RSA 439-A:4, added by HB 611 (Chapter 237, Laws of 2023) and effective October 7, 2023, expressly states that the hemp chapter does not authorize the sale of products derived from hemp containing natural or synthetic THC greater than 0.3 percent on a dry weight basis in any formulation, naming delta-8 THC, delta-9 THC, and any other THC isomer variant.

Is hemp-derived delta-9 THC legal in New Hampshire?

No. Hemp-derived delta-9 edibles and beverages that exceed 0.3 percent delta-9 by dry weight in any formulation are not authorized for sale in New Hampshire.

This is general information, not legal advice.

Seed Legality

Medical-only with no home grow; viable seeds remain 'marijuana' under RSA 318-B after home-grow bills died in the Senate.
Hemp seeds
Legal
Marijuana seeds
Illegal
Sale
Illegal
Transacting
Illegal
Gifting
Illegal

RSA 318-B:1 defines marijuana to include viable seeds (excluding only sterilized seed incapable of germination), so buying, selling, or gifting them is an offense; possession under 3/4 oz is decriminalized to a $100 civil violation under RSA 318-B:2-c but still unlawful. The therapeutic cannabis program (RSA 126-X) grants no cultivation right: HB 53 (2025), which would have let patients grow 3 mature plants, 3 immature plants, and 12 seedlings, was tabled 16-8 by the Senate in April 2025, and 2026 House-passed home-grow and legalization measures (including HB 186, tabled February 2026) also failed. Hemp is lawful under RSA 439-A, but New Hampshire runs no state hemp program — growers must obtain a USDA hemp producer license directly.

Key law:
RSA 318-B:1, 318-B:2-c; RSA 126-X; RSA 439-A
Last reviewed:
July 3, 2026
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.
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