New Hampshire

New Hampshire holds an unusual distinction: the only New England state without a legal adult-use cannabis market, and one of the region’s most restrictive frameworks for intoxicating hemp cannabinoids. The state’s hemp story is built in two legislative stages, with a third likely coming in 2026-2027. HB 459 (signed by Gov. Chris Sununu on July 30, 2019, Chapter 306, Laws of 2019) added RSA 439-A to state law, defining hemp per the federal 0.3% delta-9 dry-weight standard, classifying hemp as an ordinary agricultural commodity, and removing hemp from the state’s ‘marijuana’ definition. New Hampshire chose not to run its own hemp production plan under the 2018 Farm Bill — growers register directly with the USDA. The second stage came with HB 611 (Chapter 237, Laws of 2023), signed by Gov. Sununu on August 8, 2023 and effective October 7, 2023. Section 6 of HB 611 added RSA 439-A:4, which reads: ‘Nothing in this chapter shall be construed to authorize the sale of products that are derived from hemp which contain natural or synthetic tetrahydrocannabinol (THC) greater than 0.3 percent on a dry weight basis, which appear in any formulation, including delta-8 THC, delta-9 THC, or any other THC isomer variant.’ The ‘in any formulation’ language is the operative constraint. HB 611 also included Section 7, which was originally written to repeal RSA 439-A:4 on October 7, 2024 — but the legislature reversed that scheduled repeal in 2024, and RSA 439-A:4 remains in force as published in the current New Hampshire Revised Statutes. The practical effect: a gummy, tincture, vape, or beverage that contains hemp-derived intoxicating THC above 0.3% by dry weight of the finished product is not authorized for retail sale in New Hampshire, regardless of whether the underlying hemp itself was federally compliant. Most commercial hemp Delta-9 beverages (2.5-10mg per 12 fl oz can) and gummies (10mg per gummy) exceed 0.3% by mass of the finished product and fall outside the RSA 439-A:4 hemp exemption. What remains clearly lawful for general retail: CBD isolate (cannabidiol with no detectable THC), broad-spectrum CBD (cannabinoids and terpenes without detectable THC), and full-spectrum products that stay within the 0.3% total-THC ceiling of the finished form. The New Hampshire Liquor Commission issued an industrial circular in 2018 prohibiting use of CBD as an additive in beverages and food — adding another constraint on the beverage segment. The Therapeutic Cannabis Program under RSA 126-X (established by HB 537, 2013) serves qualifying patients through DHHS-licensed alternative treatment centers. Qualifying conditions have expanded over time — HB 89 (2021) added insomnia and autism; HB 605 (2021) added opioid use disorder and permitted out-of-state medical cannabis patients to purchase in NH with a valid card. Adult-use legalization has repeatedly failed. HB 198 (2025), which would have legalized possession for 21+ and prohibited public smoking/vaping, passed the House in March 2025 but stalled in the Senate by May 2025. HB 186 (2025-2026) passed the House 208-135 in January 2026 but was killed in the Senate. New Hampshire remains uniquely resistant to adult-use legalization among its regional peers. The 2025-2026 session brought new hemp-specific legislative activity. SB 624 (2026) would restrict access to hemp-derived products, establish offenses of criminal adulteration and distribution of adulterated controlled substances, and add an explicit statutory 21+ age gate for any hemp-derived product containing any amount of THC (natural or synthetic, any isomer variant). SB 624 received an ought-to-pass with amendment vote (2026-1846h motion adopted 189-165) on May 14, 2026 in the House and awaits further action. SB 461 (2026) would refine the definition of hemp. HB 1238 (2026) proposes a more comprehensive framework under RSA 179-A administered by the NH Liquor Commission that would establish full retailer/supplier/wholesaler licensing for hemp-derived cannabinoid products, with product caps including 6mg per smokeless pouch and 15 pouches per container, plus advertising and merchandising restrictions. For the federal cliff on November 12, 2026, New Hampshire is a state where Section 781 largely does not change the operative regulatory picture — NH is already closed to most intoxicating hemp beverages under RSA 439-A:4. Section 781’s total-THC standard and 0.4mg per-container ceiling will federally reinforce the state’s existing prohibition posture. Expect SB 624 or a successor to pass in the 2027 session to formally codify the 21+ age gate and criminal penalties, aligning NH’s approach with Section 781 by statute rather than by regulatory interpretation.