New Hampshire Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of New Hampshire. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALNew Hampshire allows hemp-derived CBD products with less than 0.3% Delta-9 THC under RSA 126-X and the New Hampshire Department of Agriculture, Markets & Food hemp program. Products must be tested and labeled accordingly.
Possession
Possession of hemp-derived CBD products with less than 0.3% THC is legal.
Sale
Sale is legal if products comply with state testing, labeling, and registration requirements.
Penalties
N/A
Age Restriction
None
Delta-8 THC
RESTRICTEDNew Hampshire restricts Delta-8 THC under RSA 318-B:2, which prohibits synthetic cannabinoids. Delta-8 derived through chemical conversion is illegal, but naturally derived hemp Delta-8 with less than 0.3% Delta-9 THC is allowed.
Possession
Legal if naturally derived from hemp and under 0.3% Delta-9 THC; illegal if synthesized.
Retail Sale
Sale of synthetic Delta-8 THC is prohibited; sale of compliant hemp-derived Delta-8 is allowed.
Penalties
Violations can result in misdemeanor charges under RSA 318-B.
Age Restriction
21+
Delta-9 THC Edibles
RESTRICTEDHemp-derived Delta-9 THC edibles are restricted in New Hampshire. A 2023 law banned intoxicating hemp products for one year, and subsequent legislation in 2024 and 2025 (e.g., SB 505) has sought to make this ban permanent and expand the definition of THC to include all isomers, effectively closin...
Possession
Legal with restrictions on potency
Retail Sale
Legal through licensed retailers only
Penalties
Non-compliant products may result in fines.
Age Restriction
21+
Kratom
RESTRICTEDKratom is legal in New Hampshire and is not listed as a controlled substance under New Hampshire Revised Statutes Annotated Chapter 318-B. There are no state laws restricting possession or sale.
Possession
Legal to possess without restriction.
Sale
Legal to sell and purchase without restriction.
Penalties
N/A
Age Restriction
None
Psilocybin / Magic Mushrooms
UNVERIFIEDLegal status of Psilocybin / Magic Mushrooms in New Hampshire has not yet been verified. In March 2026, the New Hampshire House let a psilocybin therapy bill die without a vote.
Possession
Unverified
Distribution
Unverified
Penalties
Unverified
Age Restriction
Unverified
Recreational Marijuana
ILLEGALRecreational marijuana is not legal in New Hampshire, but medical marijuana is available with a qualifying condition and state-issued card. No significant legislative changes since 2023.
Personal Possession
Medical only with state card. Recreational possession of 3/4 oz or less is a civil violation ($100 fine). Over 3/4 oz is a misdemeanor. New Hampshire decriminalized small amounts in 2017.
Retail Purchase
Illegal for recreational purposes. Medical marijuana is available through Alternative Treatment Centers. Recreational sale is a felony.
Penalties
Under 3/4 oz: civil violation, $100 fine. Over 3/4 oz: misdemeanor, up to 1 year. Distribution: felony, up to 7 years.
Age Restriction
18+ with medical card, 21+ in some programs
Salvia
RESTRICTEDSalvia divinorum is not a controlled substance in New Hampshire and is legal to possess, sell, and use. No significant legislative changes.
Possession
Legal. Salvia divinorum is not a controlled substance in New Hampshire. No restrictions on personal possession.
Sale
Legal to sell in retail stores and online in New Hampshire. No special licensing required.
Penalties
N/A
Age Restriction
None