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Marijuana Possession Laws in New Hampshire

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Can I Possess Marijuana in New Hampshire?

Under federal marijuana laws, possessing any amount of marijuana would be considered possession of marijuana. According to federal law, an individual possessing a marijuana cigarette can face a year in jail and a fine of $1,000. The state of New Hampshire has strict laws regarding the possession of marijuana without a medical prescription.

Here are some rules and regulations regarding possession of marijuana in the state of New Hampshire:

  • The smallest amount of marijuana can be charged as a Class A misdemeanor and a person can receive a $2,000 fine and up to one year in county jail
  • Any amount of marijuana that is sold within the state can be charged as a felony and the person can receive prison sentence.
  • Any amount of marijuana even if it were a stem, residue from a pipe or ash in an ashtray would be considered possession of marijuana.

How Much Marijuana Can I Possess in New Hampshire?

No one can possess marijuana in the state without a valid, written doctor’s recommendation. The valid prescription must show the marijuana is used only for medical purposes. The smallest amount of marijuana can be charged as a Class A misdemeanor and a person can receive hefty fines and jail sentence.

What Are the Legal Consequences for Possession of Marijuana in New Hampshire?

Possession in the state is a Class A misdemeanor. A marijuana possession can result in a one-year jail sentence and up to $2,000 in fines. The fines could double if an individual is arrested for possessing marijuana in a school zone. 

As of May 2017, the New Hampshire legislative branch is attempting to decriminalize possessing small amounts, 1 ounce or less, of marijuana. At the moment, the issue is still pending and hopes to be finalized by the end of 2017.

How Much Medical Marijuana Can I Possess In New Hampshire?

The legal limit to possess medical marijuana in the state of New Hampshire is 2 ounces.  You cannot grow any at home for personal use, instead you must register with the State and get a card to purchase marijuana from a dispensary. If you have a medical marijuana card from a different state, you cannot use your card at a New Hampshire dispensary but can continue to possess your medical marijuana.

What is the Punishment for Selling Marijuana in the State?

In New Hampshire, marijuana trafficking and selling marijuana face identical punishment and regulation. A marijuana trafficking or sales crime can become a federal crime if the individual moves the drug across state lines.  Manufacturing or selling marijuana within the state of New Hampshire has very serious legal consequences depending on the amount of marijuana that you intend to sell.  Penalties for a first offense for possession of up to one ounce include a fine of up to $25,000 and up to three years in prison. Penalties for marijuana possession with intend to sell can be even up to 40 years in prison and fines of up to $500,000 depending on the amount you possess and intend to sell.

Should I Talk to a New Hampshire Criminal Lawyer about My Marijuana Case?

If you have been charged with a marijuana related offense such as marijuana possession, trafficking or sale of marijuana in New Hampshire, it is highly recommended to speak to a New Hampshire criminal lawyer to learn more about your rights and how to reduce or avoid a criminal conviction.

Photo of page author Ki Akhbari

, LegalMatch Legal Writer

Last Modified: 06-06-2017 12:51 AM PDT

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