New Hampshire

Overview

New Hampshire is the only New England state without legal adult-use cannabis. It has a Therapeutic Cannabis Program run by the Department of Health and Human Services, with patients served by licensed alternative treatment centers. For people without a card, possessing three-quarters of an ounce or less is decriminalized and punished with a civil fine. Home grow is not allowed. Adult-use legalization bills have repeatedly passed the House and failed in the Senate.

Last reviewed October 2026. General information, not legal advice.

What's Legal

Smoking is prohibited for patients; vaporization and other non-combustion forms are permitted.

Possession Limits

2 oz per 10-day period for registered patients; possession under ¾ oz is decriminalized for others

Home Growing

Not permitted

Recent Changes

In 2026 the Senate again tabled adult-use legalization bills, and the governor has said she opposes legalization. Since 2025, an open-container-style law sets a fine for using cannabis in public, though it does not apply to therapeutic use under the program.

Driving and Cannabis

Driving while impaired by cannabis is illegal in New Hampshire, as it is in every state, whether or not the cannabis was obtained legally. Officers may rely on field sobriety tests, drug recognition evaluations, and blood tests, and some states set specific THC limits or zero-tolerance rules. Consuming cannabis in a vehicle and carrying open or unsealed packages where the driver can reach them are commonly prohibited. If you have used cannabis, the safest choice is not to drive.

Crossing State Lines and Federal Law

Taking marijuana across state lines is illegal under federal law, even between two states where cannabis is legal, and it may also violate the law of the state you enter. Marijuana is also prohibited on federal land, in national parks, and at airports under TSA jurisdiction. In 2026 the federal government moved FDA-approved products and state-licensed medical marijuana to Schedule III, but adult-use marijuana remains a Schedule I substance, and rescheduling does not legalize interstate transport. Separate federal changes to the legal definition of hemp take effect in late 2026 and will restrict many intoxicating hemp-derived THC products.

Official Resource

Cannabis laws change often, and limits, penalties, and program rules can differ from what is summarized here. This page is general information, not legal advice. Before you rely on any detail, check the official state source below or consult a licensed attorney in New Hampshire.