Laws surrounding illegal possession, sale and manufacture of marijuana are regulated by both federal and New Hampshire law. In New Hampshire, New Hamp. Rev. Stat. Ann. § 318-B:26 references the applicable state law and respective penalties, each of which are discussed below.
It is a crime to knowingly or intentionally possess marijuana in New Hampshire. Possession of any amount is a Class A misdemeanor and penalties for this crime include a fine of up to $2,000, up to one year in jail, or both. (New Hamp. Rev. Stat. Ann. § 318-B:26)
Selling any amount of marijuana in New Hampshire is illegal (including possession with intent to sell). Penalties vary according to the amount possessed, and whether the offense was a first or subsequent violation. Here, we discuss penalties associated with first offenses. (New Hamp. Rev. Stat. Ann. § 318-B:26)
- Less than 1 ounce. The sale of less than 1 ounce of marijuana is a felony and penalties for a first offense include a fine of up to $25,000, up to three years in prison, or both.
- 1 ounce – 5 pounds. The sale of 1 ounce – 5 pounds of marijuana is a felony and penalties for a first offense include a fine of up to $100,000, up to seven years in prison, or both.
- 5 or more pounds. The sale of 5 or more pounds of marijuana is a felony and penalties for a first offense include a fine of up to $300,000, up to 20 years in prison, or both.
It is illegal in New Hampshire to sell drug paraphernalia (including possession with the intent to do so). The sale or possession of paraphernalia is a misdemeanor and penalties vary according to the violation, including a fine of up to $2,000, up to one year in jail, or both. (New Hamp. Rev. Stat. Ann. § 318-B:26)
If you are charged with a marijuana offense, you need an experienced and effective criminal defense attorney to represent you immediately. Because a marijuana offense can be a misdemeanor or felony-level charge, a person convicted of it may be sent to the House of Corrections or the New Hampshire State Prison. The criminal defense lawyers at Wilson, Bush, Durkin & Keefe have the proven record of success to defend you when you need it the most.