Disclaimer: The information below is fully based on our independent research. While our team does everything in their power to provide accurate and current information from credible state-run websites and resources, we are not lawyers or legal experts. As such, none of the following information should be interpreted as legal advice. Content on these pages is provided for informational purposes only and those with legal concerns should consult experts within their state.
Is CBD oil legal in New Hampshire?
Yes, with some restrictions, CBD oil is legal in New Hampshire. Hemp-derived CBD products that include lotions, balms and creams are legally sold and widely available throughout the state. However, it is not legal to add hemp-based CBD to products meant for human consumption in New Hampshire.
Individuals with covered conditions who are part of New Hampshire’s medical marijuana program can also acquire cannabis-based CBD products. However, the state’s medical marijuana program is highly restrictive, and only allows cannabis as a remedy after all other treatment options have failed.
What are the current CBD laws in New Hampshire?
At the current time, hemp-based CBD is legal throughout the state of New Hampshire. There are no age or quantity limits when buying hemp-based CBD.
CBD became legal nationwide in 2018 when Congress released the 2018 Farm Bill. Under this legislation, industrial hemp was recategorized from a Schedule 1 narcotic to an agricultural commodity. The new law allowed each state to create and regulate their own industrial hemp program.
New Hampshire had attempted many times over the years to make a path for legal industrial hemp cultivation in the state. The first attempt came in 1998 with HB 1576, which would permit the production of industrial hemp throughout the state. Anyone who wished to grow or process hemp could be licensed by the state. Fees from licensing would be used to research the benefits of industrial hemp. However, this bill died in committee.
Similar bills were submitted in subsequent years, but never progressed to law. Many used alternate angles, such as prohibiting the designation of industrial hemp as a controlled substance. While many got as far as passing one legislative body or the other, none were passed into law.
However, when Congress added pilot programs to the 2014 Farm Bill, New Hampshire decided to participate. On July 14, 2014, HB 153, which established a committee to study the growth and sale of industrial hemp was signed into law by Governor Maggie Hassan.
The following year, Hassan signed HB 421, which authorized the University of New Hampshire to grow industrial hemp for research purposes.
In 2019, HB 459, which established a committee to study the federal guidelines for growing hemp. The purpose of the bill was to create a program that complied with federal law. The state’s Department of Agriculture, Markets and Food, along with the UNH Cooperative Extension office, would study what resources would be needed to facilitate a hemp program in the state. However, it did not make a direct path forward for legal hemp production in the state of New Hampshire.
On February 4, 2020, New Hampshire officials confirmed that they would not create a state hemp program. Instead, those who wished to grow hemp in New Hampshire would submit applications directly to the USDA. New Hampshire was the first state to work out such an agreement with the USDA.
Under the USDA program, industrial hemp plants must contain no more than .3% THC. Plants that are over this limit must be destroyed. If a grower has plants that contain less than 1% THC, they will not be considered to have committed a negligent violation. Growers are permitted one negligent violation for excess THC per year.
Because there are not enough DEA-registered testing laboratories for hemp, growers in New Hampshire are allowed to use non-DEA registered facilities through at least the 2022 season.
Under current laws in New Hampshire, no license is required to sell hemp-based CBD products. However, according to a statement released by the New Hampshire Department of Health and Human Services in 2019, CBD cannot be legally added to food products. After the statement was released, a number of cities cracked down on CBD retailers who were offering edible CBD products. According to the Department of Health, the restriction exists because the FDA has not authorized hemp-derived CBD in food products.
New Hampshire legalized marijuana-based CBD products, along with other medical marijuana, in 2013. Under a bill signed into law by Governor Hassan, individuals with qualifying conditions could purchase up to two ounces of marijuana products from a nonprofit dispensary. However, New Hampshire’s medical marijuana law is considered one of the most restrictive in the country. Doctors may prescribe medical marijuana for people with chronic or terminal diseases, as well as debilitating medical conditions. Cannabis cannot be considered as a treatment until all other alternative treatments have been ruled ineffective. There are just under 10,000 medical marijuana patients in New Hampshire. The original version of the bill would have permitted patients to cultivate their own marijuana at home. However, this provision was struck from the legislation that eventually passed. Since then, legislators have introduced a number of bills to permit patients to grow their own cannabis at home.
Attempts to legalize recreational marijuana, which would allow adults to buy cannabis-based CBD products without a prescription, have not been successful in the state. Two legalization bills were introduced in the New Hampshire House in 2021. Both were retained by the Criminal Justice and Public Safety Committee, which would delay voting until the 2022 session.
Can I purchase CBD oil in New Hampshire?
Yes, you can purchase CBD oil in New Hampshire. Under state law, CBD oil is for topical use only. CBD products are available at a number of outlets that include natural food stores, convenience stores and specialty CBD shops.
It is also legal to buy hemp-based CBD products online and have them shipped to your New Hampshire location. Many people choose to buy online because they can find a wider array of CBD products or find better prices than they might locally.