New Hampshire Laws and Penalties

• Decriminalization
• Drugged Driving
• Medical Marijuana

Offense	Penalty	Incarceration	Max. Fine
Possession
Up to 3/4 oz (first or second offense)*	Civil violation	None	$ 100
Over 3/4 oz	Misdemeanor	1 year	$ 350
* See Penalty Details section for more information.
Sale or Possession with Intent to Sell
Less than 1 oz (first offense)	Felony	3 years	$ 25,000
1 oz - less than 5 lbs (first offense)	Felony	7 years	$ 100,000
5 lbs or more (first offense)	Felony	20 years	$ 300,000
Subsequent offense carries a greater sentence and fine. See Penalty Details section for information.
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 5 g or less (first or second offense)*	Civil violation	None	$ 100
Possession of more than 5 g	Misdemeanor	1 year	$ 350
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 - less than 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
* See Penalty Details section for information.
Subsequent offense carries a greater sentence and fine. See Penalty Details section for information.
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

If a statute uses the term misdemeanor, the prosecutor may charge a person either with a Class A or with a Class B misdemeanor.

Possession

Any person 18 years of age or older who possesses less than ¾ of an ounce of marijuana is guilty of a violation and subject to a fine of $100. This penalty applies to first and second offenses.

Any person 18 years of age or older who possesses less than ¾ of an ounce of marijuana and is guilty of a third offense within 3 years of the first offense is guilty of a violation and subject to a fine of $300.

Any person 18 years of age or older who possesses less than ¾ of an ounce of a marijuana and is guilty of a fourth offense within three years of the first offense is guilty of a Class B misdemeanor which is not punishable by imprisonment.but is subject to a fine of $1200.

The same penalties apply to a person over the age of 21 who is guilty of possessing “a personal use amount” of marijuana infused products including edibles, drinks, tinctures and ointments.

Possession of more than 3/4 ounce is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $350.

• 318B:2-c of the New Hampshire Criminal Code Web Search
• 318 B:2 of the New Hampshire Criminal Code Web Search
• 318 B:1 et seq. of the New Hampshire Criminal Code Web Search
• 318-B:26 of the New Hampshire Criminal Code Web Search
• 651:2 of the New Hampshire Criminal Code Web Search

Sale

Includes possession with intent to sell.

The sale of less than 1 ounce for a first offense is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $25,000. A Subsequent offense is a felony punishable by a maximum sentence of 6 years imprisonment and a maximum fine of $50,000.

The sale of more than 1 ounce and less than 5 pounds for a first offense is a felony punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $100,000. A Subsequent offense is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $200,000.

The sale of 5 pounds or more for a first offense is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $300,000. A Subsequent offense is a felony punishable by a maximum sentence of 40 years imprisonment and a maximum fine of $500,000.

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

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

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

Any person 18 years of age or older who possesses less than 5 grams of hashish is guilty of a violation and subject to a fine of $100. This penalty applies to first and second offenses.

Any person 18 years of age or older who possesses less than 5 grams of hashish and is guilty of a third offense within 3 years of the first offense is guilty of a violation and shall be subject to a fine of $300.

Any person 18 years of age or older who possesses less than 5 grams of hashish and is guilty of a fourth offense within three years of the first offense is guilty of a Class B misdemeanor which is not punishable by imprisonment but is subject to a fine of up to $1200.

Possessing 5 grams or more of hashish is a misdemeanor punishable by a fine no greater than $350 and a term of imprisonment no greater than 1 year.

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

The sale of less than 5 grams for a first offense is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $25,000. A Subsequent offense is a felony punishable by a maximum sentence of 6 years imprisonment and a maximum fine of $50,000.

The sale of more than 5 grams and less than 1 pound for a first offense is a felony punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $100,000. A Subsequent offense is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $200,000.

The sale of 1 pound or more for a first offense is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $300,000. A Subsequent offense is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $500,000.

If any of the offenses occurred with 1,000 feet of a school the fines and terms of imprisonment double.

• 318-B:26 of the New Hampshire Criminal Code Web Search

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.

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

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.

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

Miscellaneous

Any person who negligently stores marijuana-infused products including edibles, drinks, ointments and tinctures when the negligent storage causes possession of marijuana infused products by a person under 18 years of age is guilty of a misdemeanor

• 318: B-2-e of the New Hampshire Criminal Code Web Search

Any person under 21 years of age who is convicted of sale or possession of controlled drugs may be subject to revocation or denial of a driver’s license or privilege to drive for a period between 90 days and 1 year.

• 318 B:2 of the New Hampshire Criminal Code Web Search

Any person under 18 years of age who is convicted of 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.

• 263:56-b of the New Hampshire Criminal Code Web Search

More Information