Marijuana Possession Laws in New Hampshire

Under federal marijuana laws, possessing any amount of marijuana would be considered possession of marijuana.

Recreational Use of Marijuana is Decriminalized for Adults

New Hampshire has decriminalized marijuana. There is no jail time or criminal record for first-time possession of a tiny amount for personal use. The conduct is treated as similar to a minor traffic violation.

Possession:

• Anyone age 18 or older who has less than three-quarters of an ounce of marijuana is guilty of a violation and may be fined $100. Fines increase for third and fourth violations
• The same fines apply to any person over 21 years old who has a personal use amount of marijuana-infused products, including drinks, edibles, ointments, and tinctures.
• Possession of more than three-quarters of an ounce is a misdemeanor. Penalties may include up to 1 year in prison and a fine of no more than $350.

Hash and Concentrates:

• Anyone 18 years or older who possesses less than 5 grams of hash is guilty of a violation and could be fined $100. Fines increase for third and fourth offenses.
• Possessing 5 grams or more of hash is a misdemeanor. Penalties may be a fine of up to $350 and imprisonment of no more than one year.

Paraphernalia:

• Selling or possessing paraphernalia is a misdemeanor. Penalties may include up to one-year imprisonment and a fine of $2,000.

Driving Under the Influence:

• New Hampshire has a drugged driving regulation. These laws ban drivers from driving a car if they have detectable levels of an illicit drug in their bodily fluids above a particular threshold.

Penalties

If a statute utilizes the phrase misdemeanor, the prosecutor may charge an individual with a Class A or a Class B misdemeanor.

Possession
Any individual 18 years of age or older who has less than ¾ of an ounce of marijuana is guilty of a violation and subject to a fine of $100. This punishment applies to first and second offenses.

Anyone 18 years of age or older who has less than ¾ of an ounce of marijuana and is guilty of a third offense within three years of the first offense is guilty of a violation and subject to a $300 fine.

Any individual 18 years of age or older who possesses less than ¾ of an ounce of marijuana and is guilty of a fourth offense within three years of the first offense is guilty of a Class B misdemeanor which is not punishable by imprisonment but a fine of $1200.

The same penalties apply to an individual over 21 who is guilty of possessing “a personal use amount” of marijuana-infused products, including edibles, drinks, tinctures, and ointments.
Possessing more than 3/4 ounces is a misdemeanor penalized by a maximum sentence of 1-year imprisonment and a maximum fine of $350.

Sales

The sale of less than an ounce for a first offense is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $25,000. The following offense is a felony punishable by a maximum sentence of 6 years imprisonment and a maximum fine of $50,000.

The sale of more than 1 ounce and less than 5 pounds for a first offense is a felony punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $100,000. A Subsequent offense is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $200,000.

The sale of 5 pounds or more for a first offense is a felony punishable by 20 years imprisonment and a maximum fine of $300,000. A Subsequent offense is a felony punishable by a maximum sentence of 40 years imprisonment and a maximum fine of $500,000.

Sale within 1,000 feet of a school zone is a felony punishable by doubling the sentence and the fine.

Cultivation

Cultivation in New Hampshire will be penalized based on the aggregate weight of the plants found.

Hash & Concentrates

Any individual 18 years of age or older who has less than 5 grams of hashish is guilty of a violation and subject to a fine of $100. This penalty applies to first and second offenses.

Anyone 18 years of age or older who possesses less than 5 grams of hashish and is guilty of a third offense within three years of the first offense is guilty of a violation and is subject to a $300 fine.

Any individual 18 years of age or older who has less than 5 grams of hashish and is guilty of a fourth offense within three years of the first offense is guilty of a Class B misdemeanor that is not punishable by imprisonment but is not punishable by imprisonment subject to a fine of $1200.

Possessing 5 grams or more of hashish is a misdemeanor penalized by a fine of no more than $350 and a term of imprisonment of no more than one year.

The sale of fewer than 5 grams for a first offense is a felony penalized by a maximum sentence of 3 years imprisonment and a maximum fine of $25,000. The following offense is a felony punishable by a maximum sentence of 6 years imprisonment and a maximum fine of $50,000.

The sale of more than 5 grams and less than 1 pound for a first offense is a felony punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $100,000. A Subsequent offense is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $200,000.

The sale of 1 pound or more for a first offense is a felony punishable by 20 years imprisonment and a maximum fine of $300,000. Another offense is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $500,000.

If any of the offenses happened within 1,000 feet of a school, the fines and terms of imprisonment double.

Any tool or equipment used to manufacture hashish or concentrates is considered drug paraphernalia. Manufacturing or selling any such device or equipment is a misdemeanor punishable by a fine no greater than $2,000 and a term of imprisonment no greater than one year.

Paraphernalia

The sale or possession of paraphernalia is a misdemeanor punishable by a maximum sentence of 1-year imprisonment and a maximum fine of $2,000.

Misc.

Anyone who negligently stores marijuana-infused products, including edibles, drinks, ointments, and tinctures, when the negligent storage causes possession of marijuana-infused products by a person under 18 years of age is guilty of a misdemeanor.

Anyone under 21 years of age convicted of sale or possession of controlled drugs may be subject to revocation or denial of a driver’s license or right to drive for between 90 days and one year.

Any individual under 18 years of age who is convicted of sale or possession with intent to sell controlled drugs can be subject to revocation or denial of a driver’s license or right to drive for at least one year and a maximum period of up to 5 years.

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

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