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New Hampshire Marijuana Laws

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.

Marijuana Possession

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)

Sale

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.

Drug Paraphernalia

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)

Effective Representation

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 & Keefe, P.C. have the proven record of success to defend you when you need it the most.