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New Hampshire Laws & Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

Any amount misdemeanor 1 year $ 2,000

Sale or Possession with Intent to Sell

Less than 1 oz felony 3 years $ 25,000
1 oz - 5 lbs felony 7 years $ 100,000
5 lbs or more felony 20 years $ 300,000
Within 1000 feet of a school zone carries a double sentence and fine.

Cultivation

See Possession and Sale sections for details.

Hash & Concentrates

Possession of less than 5 g misdemeanor 1 year $ 2,000
Possession of 5 g or more misdemeanor 1 year $ 5,000
Manufacturing, selling, or possessing with intent to sell of less than 5 g felony 3 years $ 25,000
Manufacturing, selling, or possessing with intent to sell of 5 g - 1 lb felony 7 years $ 100,000
Manufacturing, selling, or possessing with intent to sell of 1 lb or more felony 20 years $ 30,000

Paraphernalia

Sale or possession of paraphernalia misdemeanor 1 year $ 2,000

Miscellaneous

Persons under 21 years will face a driver's license suspension for 90 days - 1 year.
Persons under 18 years will face a driver's license suspension for 1 - 5 years.

Penalty Details

Possession

Possession of any amount is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

See:

  • 318 B:2 of the New Hampshire Criminal Code
  • 318 B:1 et seq. of the New Hampshire Criminal Code

Sale

Includes possession with intent to sell.

The sale of less than 1 oz. is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $25,000.

The sale of 1 oz.-5 lbs. is a felony punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $100,000.

The sale of 5 lbs. or more is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $300,000.

Sale within 1,000 feet of a school zone is a felony punishable by a doubling of the sentence and the fine.

See:

  • 318 B:2 of the New Hampshire Criminal Code
  • 318 B:1 et seq. of the New Hampshire Criminal Code
  • 318-B:26 of the New Hampshire Criminal Code

Cultivation

Cultivation in New Hampshire will be punished based upon the aggregate weight of the plants found. See the "Possession" and "Sale" sections for further penalty details.

Hash & Concentrates

Possessing hashish or concentrates is a class A misdemeanor punishable by a fine no greater than $2,000 and a term of imprisonment no greater than 1 year. Possessing 5 grams or more of hashish is a misdemeanor punishable by a fine no greater than $5,000 and a term of imprisonment no greater than 1 year.

See:

  • 318-B:26(II) of the New Hampshire Criminal Code
  • 651:2 of the New Hampshire Criminal Code

Manufacturing, selling, or possessing with intent to sell or dispense hashish or concentrates is punishable by a fine no greater than $25,000 and/or a term of imprisonment no greater than 3 years. If the amount of hashish or concentrates involved is 5 grams or greater the offense is punishable by a fine no greater than $100,000 and/or a term of imprisonment no greater than 7 years. If the amount of hashish or concentrates involved is greater than 1 pound the offense is punishable by a fine no greater than $30,000 term of imprisonment no greater than 20 years. If any of the offenses occurred with 1,000 feet of a school the fines and terms of imprisonment double.

See:

  • 318-B:26(I) of the New Hampshire Criminal Code

Any device or equipment used to manufacture hashish or concentrates is considered drug paraphernalia. Manufacturing, or delivering any such device or equipment is a misdemeanor punishable by a fine no greater than $2,000 and/or a term of imprisonment no greater than 1 year.

See:

  • 318-B1(X-a) of the New Hampshire Criminal Code
  • 318-B:26(III) of the New Hampshire Criminal Code

Paraphernalia

The sale or possession of paraphernalia is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

See:

  • 318 B:1 et seq. of the New Hampshire Criminal Code
  • 318 B:2 318 B:1 et seq. of the New Hampshire Criminal Code
  • 318-B:26 of the New Hampshire Criminal Code

Miscellaneous

Persons under 21 years of age will face a driver's license suspension for 90 days- 1 year.

See:

  • 318 B:2 of the New Hampshire Criminal Code

Any person under 18 years of age who is convicted sale or possession with intent to sell controlled drugs shall be subject to revocation or denial of a driver's license or privilege to drive for a mandatory period of at least one year and a maximum period of up to 5 years. In the case of denial of an application for a license under this section, the period imposed shall begin on the date the person is eligible by age for the issuance of a license.

See:

  • 263:56-b of the New Hampshire Criminal Code
Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.



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