New Hampshire Close to Legal Adult Use Cannabis

Home | Canna Law Blog | New Hampshire Close to Legal Adult Use Cannabis Approval of House Bill 639 New Hampshire is halfway to legal adult use cannabis, following the approval of House Bill 639 on April 6 by a wide margin of 272-109. While the Granite State decriminalized the possession of cannabis in 2017, it is still a fineable offense, and in any case only applies where the amount of cannabis does not exceed 3/4 oz. The stakes are therefore high as attention turns to whether the state Senate votes in favor of the proposed legislation. Under HB 639, possession of and other activities related to cannabis will be legal in New Hampshire, provided that the amount in question does not exceed a possession limit established by the new law. This limit consists of (a) four ounces of cannabis in plant form, (b) 20 grams of concentrated cannabis products, including hashish and vape cartridges, or (c) 2000 mg of THC in products other than concentrated cannabis products. Possession of an amount of cannabis that exceeds the statutory limit will still constitute a misdemeanor. Consistent with this new framework for adult use cannabis, the bill amends the definition of drug paraphernalia in New Hampshire, to exclude products used to smoke, or otherwise consume, cannabis. In addition, HB 639 explicitly authorizes licensed tobacconists to sell cannabis accessories and paraphernalia. Dual use certificate Medical cannabis, or therapeutic cannabis as it is known in the state, has been legal in New Hampshire since 2013. Dispensaries, or alternative treatment centers (ATCs) as they are known locally, will be allowed to apply for a dual use certificate that allows them to also sell adult use cannabis, under regulations that HB 639 mandates be drafted. The bill goes into some detail regarding the operation of ATCs holding dual use certificates. For example, the legislation calls for therapeutic and adult use sales to be separated, for example by having separate counters. ATCs must also prioritize therapeutic sales. Back in January, we noted that legalization initiatives were steadily advancing in the Northeast. If HB 639 ultimately becomes law, all of New England will have legal adult use cannabis and New Hampshire will truly live up to its famous slogan, Live Free or Die. For now, with possession of an ounce of cannabis a criminal offense in the state, the words ring hollow. Check Out Our Cannabis Law Services Share Twitter Facebook LinkedIn E-mail Comment Fred Rocafort Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog. Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America. In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions. Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s. 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