Marijuana Possession

Marijuana Possession in New Hampshire

Whether you call it marijuana, cannabis, pot, ganja, weed, chronic, bud, hydro or reefer, in New Hampshire it’s illegal. 

Although lawmakers in New Hampshire have decriminalize the use of marijuana, possession is still illegal in NH. This means, for now, it is illegal to possess pot in the Granite State.

You don’t have to be a drug kingpin to land in hot water. Being in possession of the smallest amount of marijuana can lead to fines and penalties.  New Hampshire has recently decriminalized marijuana so there is no prison time or criminal record for first-time possession.

what are new hampshire's marijuana laws?

Despite recent changes in the law, Marijuana is not legal in New Hampshire, regardless of the quantity you possess. The sole exception is legally acquired medical marijuana.

  • Possession is no longer a criminal offense. Instead, it's a violation, like a speeding ticket. You will probably receive a $100 fine. 

 The fine may be waived for your first offense if you complete a substance abuse assessment within 60 days of conviction. 

  • You cannot be arrested for simple possession unless you refuse to identify yourself or are breaking another NH law. 
  • If you're under the age of 18, you may be taken into custody and may go to juvenile court. 
  • Multiple possession convictions within a three-year period can lead to criminal charges, and a substantial fine. 

However, serious criminal penalties, including jail time, still apply to possession of larger quantities of marijuana, growing marijuana, or to getting caught selling the drug.

How is decriminalization different from medicinal marijuana? 

New Hampshire’s medicinal marijuana law, which was passed in 2013, legalizes the use of cannabis for certain prescribed medical purposes.

  • Those using marijuana for legal medicinal purposes must have a qualifying condition, such as cancer, glaucoma, or HIV.
  • Medicinal marijuana users must apply for a DHHS-issued ID card and can only acquire the drug from a licensed dispensary. 

We work with our clients to find the most effective resolution possible. We begin by identifying all factual and legal defenses. We examine each and every stop and search to ensure your Constitutional rights were not violated. In many situations your case will not have to go to trial, but can be resolved by creating a strategy which includes community service and substance abuse treatment plans.

If you are charged with Possession of a Controlled Drug in NH, don’t delay. Let us help identify the issues in your case to bring your matter to a successful resolution. 

Contact our criminal defense attorneys today. At Tenn And Tenn, we will fight for our clients.


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