No. Recreational marijuana is not legal in New Hampshire as of October 2026, but possessing 3/4 ounce or less is a civil violation with a $100 fine rather than a crime, and registered patients can use cannabis through the state’s therapeutic cannabis program. Possessing more than 3/4 ounce is a misdemeanor, there are no adult-use stores, and home growing is not allowed.
New Hampshire has not legalized adult-use cannabis, even though Maine and Massachusetts have licensed stores a short drive away. This guide explains what New Hampshire law allows as of October 2026, what the penalties are, and how the therapeutic program works, with links to the Revised Statutes Annotated (RSA). It is general information, not legal advice.
New Hampshire Cannabis Laws at a Glance
| Topic | The rule in New Hampshire | Source |
|---|---|---|
| Legal status | Adult use illegal; small amounts decriminalized; therapeutic (medical) program for registered patients | RSA 318-B:2-c |
| 3/4 oz or less of marijuana, or 5 g or less of hashish (18+) | Violation: $100 fine for a first or second offense, up to $300 for later offenses within 3 years | RSA 318-B:2-c |
| More than 3/4 oz | Misdemeanor | RSA 318-B:26 |
| Edibles from a legal state (21+) | Violation if in original packaging and 300 mg THC or less in total | RSA 318-B:2-c, I(b) |
| Home grow | Not legal, including for therapeutic patients | RSA 126-X |
| Where to buy | Nowhere for adult use; registered patients buy at alternative treatment centers | RSA 126-X |
| Driving | Driving under the influence of any controlled drug is DUI | RSA 265-A:2 |
| Medical program | NH residents with a qualifying condition; 2 oz possession, no more than 2 oz per 10 days | RSA 126-X:2; 126-X:8 |
| Regulator | Department of Health and Human Services, Therapeutic Cannabis Program | RSA 126-X |
Is Marijuana Legal in New Hampshire?
No, not for recreational use. Marijuana remains a controlled drug under New Hampshire’s Controlled Drug Act, RSA chapter 318-B. What the state has done is reduce the penalty for small amounts. Since 2017, possessing 3/4 ounce or less of marijuana has been a violation, the same category as a traffic ticket, rather than a crime. The statute now also covers limited edibles bought legally in another state. Selling, growing and possessing larger amounts remain crimes.
Lawmakers have debated adult-use legalization in recent sessions, but as of October 2026 no legalization bill has become law, and RSA 318-B:2-c remains the operative rule. Cannabis is also illegal under federal law for adult use. In April 2026 the Justice Department moved marijuana held under a state medical marijuana license, and FDA-approved marijuana products, to federal Schedule III; adult-use and unlicensed marijuana remain Schedule I, and a broader rescheduling proceeding is on hold. See our guide to federal marijuana law in 2026.
Marijuana Possession Penalties in New Hampshire
Under RSA 318-B:2-c, a person 18 or older who knowingly possesses:
- 3/4 ounce or less of marijuana, or
- 5 grams or less of hashish
commits a violation. The fine is $100 for a first or second offense and up to $300 for any later offense within 3 years. A fourth offense within 3 years, charged on a complaint alleging three prior convictions, is a class B misdemeanor. The marijuana is forfeited either way.
- No arrest, as a rule: police may not arrest for the violation alone, unless there are grounds for another offense or the person refuses to identify themselves.
- Fine waiver: a court must waive the fine for a single conviction within 3 years if the person completes a substance abuse assessment by a licensed counselor within 60 days.
- Records: personally identifiable records of these violations may not be made public or shared with federal or out-of-state agencies.
- Under 18: a minor faces forfeiture and a delinquency petition.
Edibles from legal states: an adult 21 or older who possesses a “personal-use amount of a regulated marijuana-infused product,” meaning edibles, tinctures or similar products bought in a state where adult sales are legal, kept in original child-resistant labeled packaging and totaling no more than 300 milligrams of THC, commits a violation with the same fines. People 18 to 20 who possess infused products commit a misdemeanor.
Larger amounts: under RSA 318-B:26, possessing more than 3/4 ounce of marijuana or more than 5 grams of hashish is a misdemeanor, as is possessing infused products beyond the personal-use amount. Sale and possession with intent to sell carry felony penalties that rise with quantity.
Therapeutic Cannabis in New Hampshire
New Hampshire’s medical program, created in 2013 under RSA chapter 126-X, is run by the Department of Health and Human Services. A qualifying patient must be a New Hampshire resident, be certified by a provider and hold a registry identification card.
Qualifying conditions listed in RSA 126-X:1 include cancer, glaucoma, HIV/AIDS, hepatitis C, ALS, multiple sclerosis, Crohn’s disease, epilepsy, Parkinson’s and Alzheimer’s disease, chronic or severe pain, moderate to severe PTSD, generalized anxiety disorder and, with restrictions, autism spectrum disorder and opioid use disorder. For adults 21 and older, a provider may also certify any debilitating condition where, in the provider’s clinical opinion, the benefits likely outweigh the risks.
Limits: under RSA 126-X:2, a patient may possess up to 2 ounces of usable cannabis, and may obtain no more than 2 ounces in any 10-day period under RSA 126-X:8. Patients buy from state-registered nonprofit alternative treatment centers. A designated caregiver, 21 or older, may assist up to 5 patients.
Where patients may use: on private property only with the owner’s written permission. RSA 126-X:3 bars smoking or vaporizing in any public place, including public buses, parks, beaches and fields, and use is not a defense to impaired driving.
Visiting patients: a valid card from another state, a U.S. territory or Canada has the same force as a New Hampshire card, under RSA 126-X:2, V. Visiting patients may not grow cannabis or buy it from a New Hampshire patient or caregiver.
Is Delta-8 or Hemp THC Legal in New Hampshire?
New Hampshire excludes hemp grown, processed and sold under RSA 439-A from its definition of marijuana. Hemp-derived THC products are therefore governed largely by hemp law, which is changing at the federal level. Under the federal hemp redefinition, cannabinoids the plant cannot naturally produce, such as THC-O, lose hemp status on November 12, 2026, and delta-8 made from CBD loses it on December 11, 2026, when finished hemp products also face a 0.4 mg total THC per container cap.
Driving, Borders and Buying in Neighboring States
- Driving: under RSA 265-A:2, driving while under the influence of any controlled drug that impairs your ability to drive is DUI. The decriminalization statute expressly leaves DUI enforcement untouched.
- Buying in Maine or Massachusetts: adults can legally buy at licensed stores there, but bringing cannabis back across the state line breaks federal law, and in New Hampshire anything over 3/4 ounce of flower, or edibles over the 300 mg personal-use amount, is a misdemeanor. See our Maine and Massachusetts guides.
- Flying and federal land: the TSA follows federal law and refers cannabis found at screening to police. The White Mountain National Forest and other federal land follow federal law.
From the editor, James Buddsey: The number to remember in New Hampshire is 3/4 of an ounce. Under it, you face a ticket. Over it, you face a criminal charge. Visitors coming home from a Maine or Massachusetts dispensary often carry more than that without realizing it, and the state line is where the law changes.
New Hampshire Marijuana Laws FAQ
Is weed legal in New Hampshire?
No. Recreational marijuana is not legal as of October 2026. Possessing 3/4 ounce or less is a civil violation with a $100 fine for a first or second offense, under RSA 318-B:2-c.
What is the penalty for possession in New Hampshire?
3/4 ounce or less, or 5 grams or less of hashish, is a violation: $100 for a first or second offense, up to $300 for later ones within 3 years. More than 3/4 ounce is a misdemeanor.
Can I bring weed from Massachusetts or Maine into New Hampshire?
No. Crossing a state line with cannabis is illegal under federal law, and possession in New Hampshire is penalized: a violation up to 3/4 ounce, a misdemeanor above it.
Can you grow weed in New Hampshire?
No. Home cultivation is not legal for adults or for therapeutic cannabis patients, who must buy from alternative treatment centers.
Who qualifies for medical marijuana in New Hampshire?
New Hampshire residents with a qualifying condition certified by a provider, including cancer, chronic pain, PTSD and generalized anxiety disorder. Adults 21 and older can also be certified for any debilitating condition at the provider’s discretion.
Does New Hampshire accept out-of-state medical cards?
Yes. Under RSA 126-X:2, V, a valid card from another state or Canada has the same force as a New Hampshire card, but visiting patients may not grow or buy from New Hampshire patients or caregivers.
More State and Federal Cannabis Law Guides
Compare New Hampshire with every other state in our state cannabis law guides, or read our explainer on federal marijuana law in 2026. Neighboring states: Maine, Massachusetts and Vermont.
Neighboring state guides: Maine · Vermont · Massachusetts · All state cannabis laws
General information about New Hampshire cannabis law as of October 2026, not legal advice.