As of 2023, New Hampshire has not yet introduced state-wide legislation that regulates hemp production and distribution within state lines. Instead, it defers to the 2018 Farm Bill, which federally legalized industrial hemp — as defined by cannabis plants with 0.3% or less THC — for sale. Accordingly, it’s legal to purchase and use hemp CBD in the state of New Hampshire, but it’s still illegal to grow it within state lines.
Additionally, per the New Hampshire Liquor Commission, it’s currently illegal to use CBD as a food additive within the state.
CBD Laws in New Hampshire: What You Need to Know
Hemp-based CBD is legal in New Hampshire, but people must be 18 or older to purchase any CBD products.
That said, New Hampshire has not yet passed any state bills that regulate hemp within the state. It does, however, abide by the 2018 Farm Bill. This federal legislation legalized hemp production within the country under specific rules.
The bill effectively differentiated hemp from other cannabis plants and removed hemp from the list of controlled substances, although marijuana still remains. While marijuana-derived CBD does exist, it’s not legal under federal law.
Recently, as of 2020, New Hampshire has introduced several laws related to hemp; although, they have not yet been passed. These include:
- HB 1424 – Would allow alternative treatment centers (ATC) to sell and use hemp CBD isolates. CBD isolates are a pure form of CBD that contain no other cannabinoids (like THC), terpenes or flavonoids.
- HB 1658-FN – Aims to establish a hemp licensing program within the state of New Hampshire for both processors and transporters.
- HB 1581-FN – Would introduce regulations on hemp products sold in New Hampshire and would ensure that all CBD products are grown in-state.
- SB 669– Aimed to allow higher education institutions to grow hemp with third-party contractors.
Additionally, as stated, the New Hampshire Liquor Commission Division of Enforcement and Licensing issued regulations in 2018 that prohibited the use of CBD oils in food and beverages across the state. This includes alcoholic beverages produced by licensed beverage manufacturers, nano brewers, wine manufacturers, distillers and liquor manufacturers.
More specifically, it refers to the U.S. Food and Drug Administration Food Code, which does not recognize CBD oil as a food additive. Manufacturers who do sell CBD-infused foods or beverages may be fined and lose their license to produce and sell.
Additionally, doctors are unable to prescribe CBD for medical purposes, although they can recommend it to their patients.
Is CBD Legal in New Hampshire?
While New Hampshire is still developing a framework around hemp rules and regulations within the state, it did legalize the use of medical marijuana, which contains cannabinoids like CBD and THC, in 2013. Accordingly, qualified patients can purchase medical marijuana within the state, per HB 573, which was codified as RSA 126-X.
The bill also established four ATCs in the state, which function as non-profit dispensaries that sell medical marijuana to cardholders, which are issued by the Department of Health and Human Services.
That said, the recreational use of marijuana is illegal. Being caught in possession of ¾ ounce of marijuana is considered a civil violation, and being caught three times as much can put you in prison for one year.
Can I Buy CBD in New Hampshire?
Fortunately, hemp-based CBD is available at various retailers across the state. These include but are not limited to:
- Gas stations
- Wellness centers
- Grocery stores
- Cafes
- Restaurants
- Vape shops
- Convenience stores
Can I Buy CBD Online?
Since hemp-derived CBD is federally legalized by the 2018 Farm Bill, it’s legal to buy CBD online, no matter what state you live in. That said, there are many online retailers out there, and it’s important to buy from a reputable brand.
You can identify trustworthy brands by their transparency in regard to their products and ingredients. When browsing a brand’s website, look for a Certificate of Analysis (COA). These documents are unique to each product and contain important information that validates that the label is true to what’s inside.
The analysis is facilitated by a third-party laboratory and contains information regarding the ingredients, potency of said ingredients and potential contaminants, such as any heavy metals, pesticides or microbes that may be present in the batch. With a COA, you know exactly what you’re putting in your body. Some brands, like Zebra CBD, even provide an online COA database to quickly look up your product.
Can I Buy CBD at a Dispensary?
You won’t find any dispensaries in New Hampshire as recreational marijuana is still illegal under state and federal law. Although, ATCs do function as non-profit “dispensaries” for medical-grade marijuana.
While recreational marijuana is not yet legal, the state government is preparing for future legalization, citing resident support. However, legislation is still being drafted to pass a bipartisan vote.
Legal Status of CBD in New Hampshire
Is CBD legal in New Hampshire? CBD manufactured from hemp plants is legal in New Hampshire, although CBD oils cannot be added to food and beverage products. Also, residents cannot grow hemp within the state.
Additionally, New Hampshire residents looking to purchase CBD must be at least 18 years old.
Since New Hampshire is in the midst of developing statewide hemp regulations, it’s critical to stay up to date on emerging legislation to make sure you’re adhering to cannabis laws in New Hampshire.
Legal Disclaimer
The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.
FAQ
1. Is CBD legal in New Hampshire?
Yes, hemp-based CBD products are legal in New Hampshire in many retailers across the state.
2. How old do you have to be to buy CBD in New Hampshire?
To buy CBD in New Hampshire, you must be at least 18 years old.
3. Can I sell CBD products in New Hampshire?
Yes, retailers can sell products in New Hampshire but it’s prohibited to grow or manufacture CBD within the state as of 2023.
Source:
New Hampshire Cannabis Information. Is CBD Oil Legal In New Hampshire? https://newhampshirecannabis.org/cbd
New Hampshire. Governor Chris Sununu Statement on Marijuana Legalization. https://www.governor.nh.gov/news-and-media/governor-chris-sununu-statement-marijuana-legalization
