New Hampshire Cannabis Laws 2026: Decriminalized, Medical, Still Not Legal

New Hampshire legalized medical cannabis (its Therapeutic Cannabis Program) in 2013 and decriminalized small amounts in 2017. Every other New England state has legal recreational cannabis. New Hampshire doesn't.

Is weed legal in New Hampshire?

Only for registered medical patients. For everyone else, small amounts are decriminalized but not legal.

Penalties without a medical card

• 3/4 ounce or less, first or second offense: a civil violation with a $100 fine
• Third offense within 3 years: a larger fine
• More than 3/4 ounce: a misdemeanor, with up to 1 year in jail
• Selling or growing: misdemeanor or felony charges, depending on the amount

Medical cannabis in New Hampshire

Patients with a qualifying condition and a provider's certification can register with the state's Therapeutic Cannabis Program and buy from licensed Alternative Treatment Centers. Patients can't grow at home, and there's no sales tax.

Crossing the border

Buying legally in Maine, Vermont or Massachusetts doesn't protect you in New Hampshire. Bringing cannabis back across the state line is illegal.

Driving and work

Driving while impaired is illegal, including for patients. Employers can keep drug-free workplace policies.

Is anything changing in 2026?

No. The House passed a legalization bill (HB 186) in 2026, but the Senate killed it in March by a 15-9 vote. A proposed constitutional amendment didn't get a vote either. Governor Kelly Ayotte has said she'd veto legalization.

Federal law in 2026

Federal law still treats recreational cannabis as illegal. In April 2026, the federal government moved marijuana sold under a state medical license (and FDA-approved cannabis medicines) to Schedule III, but adult-use cannabis is still Schedule I. That means it's still banned on federal land and can't legally cross state lines, even between two legal states.

Separately, a federal ban on intoxicating hemp products takes effect in two steps: synthetic and converted cannabinoids like delta-8 lose their legal status on November 12, 2026, and naturally derived hemp THC (THCA flower, hemp delta-9 edibles and drinks) on December 11, 2026.

Where to shop

Only registered patients can buy at New Hampshire's Alternative Treatment Centers. Browse dispensaries in New Hampshire and smoke and vape shops in New Hampshire in our directory.

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Last reviewed October 8, 2026. This guide is general information, not legal advice. Laws change, so check the official sources below before you rely on any detail.