New Hampshire Marijuana Laws

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Marijuana possession, sale, and manufacture are regulated by both state and federal law. In New Hampshire, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (New Hamp. Rev. Stat. Ann. § 259:13-b.) Also, while not covered in this article, it is also a crime to drive under the influence of marijuana in New Hampshire.

For information about charges and penalties for driving under the influence of marijuana in New Hampshire, see Driving Under the Influence of Marijuana in New Hampshire.

Marijuana Possession

It is a crime to knowingly or intentionally possess marijuana (including small amounts for personal use) in New Hampshire. Penalties include a fine of up to $2,000, up to one year in jail, or both. (New Hamp. Rev. Stat. Ann. § 318-B:26.)

Manufacture and Sales

Manufacturing or selling any amount of marijuana in New Hampshire is illegal. Penalties vary according to the amount possessed, and whether the offense was a first or subsequent violation. Violations that take place within 1,000 feet of a school may be punished with up to twice the penalties described below. And employing a minor to process, transport, or sell drugs will incur additional penalties. (New Hamp. Rev. Stat. Ann. § 318-B:26.)

  • Up to one ounce marijuana (or up to 5 grams hashish). Penalties for a first offense include a fine of up to $25,000, up to three years in prison, or both. A second offense carries a fine of up to $50,000, up to six years in prison, or both.
  • Between one ounce and five pounds marijuana (5 grams and one pound hashish). Penalties for a first offense include a fine of up to $100,000, up to seven years in prison, or both. A second offense carries a fine of up to $200,000, up to 15 years in prison, or both.
  • More than five pounds marijuana (more than one pound hashish). Penalties for a first offense include a fine of up to $300,000, up to 20 years in prison, or both. A second offense carries a fine of up to $500,000, up to 40 years in prison, or both.
  • Drug enterprise conspiracies. Someone who conspires with at least one other person to plan, finance, or manage a scheme to produce, sell, or transport marijuana may be convicted of being a “drug enterprise leader.” (New Hamp. Rev. Stat. Ann. § 318-B:2(XII).) Penalties include a mandatory minimum prison term of 25 years (and up to life imprisonment). The judge may also order that the defendant pay a fine of up to $500,000, or five times the street value of the marijuana involved in the conspiracy. (New Hamp. Rev. Stat. Ann. § 318-B:26(VI).)

Drug Paraphernalia

It is illegal in New Hampshire to manufacture, advertise, or sell drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties vary according to the violation, with harsher penalties for sales to a minor. Penalties include a fine of up to $2,000, up to one year in jail, or both. (New Hamp. Rev. Stat. Ann. § 318-B:26.)

The Value of Local Legal Representation

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.

by: , Contributing Author

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