NH Law About... Medical Marijuana

Introduction to... Medical Marijuana

Updated May 8, 2017.

In 2013, the New Hampshire legislature passed RSA 126-X, legalizing marijuana for medicinal purposes.  The law is very narrow in its coverage and applies only to carefully defined “qualifying patients” who are suffering from a “qualifying medical condition” and possess a “registry identification card” to prove it.  Marijuana grown for use in this program must come from an “alternative treatment center”.   Since passage of the law, the New Hampshire Department of Health and Human Services has been setting up the components of the system under which this program operates.   

It isn't unusual to see situations where both state and federal statutes apply and here we have the New Hampshire Controlled Drug Act, RSA 318-B:26 IX-a, and the federal Controlled Substances Act (CSA), 21 U.S.C. §811. What is unusual is to see the state and federal statutes in direct conflict with each other. RSA 318-B no longer lists marijuana as a controlled drug while the CSA still includes marijuana in the Schedule 1 list of prohibited substances meaning all marijuana use is still illegal under federal law. 

The Congressional Research Service publications under For More Help ...  contain a wealth of general information about many aspects of medical marijuana, particularly the conflict between federal law and many state laws.    

For specific and timely information on New Hampshire’s developing program, the N.H. Department of Health and Human Services website is a great, detailed resource.  This agency is responsible for developing, implementing and enforcing New Hampshire’s medical marijuana program.  And for those with the time and inclination to listen, the (lengthy) audio files from the N.H. legislature provide general background information on the medical marijuana issue from a variety of perspectives. Although this background information is not officially part of the law, it is very relevant because it shows what the legislators considered before the bill was approved and became law in this state. Note:  When the New Hampshire legislators were considering 2013 House Bill 573 on medical marijuana, they refer to it as eventually becoming RSA 126-W; however it eventually became RSA 126-X instead. 

Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ... is not a substitute for the services of an attorney. 


Read about... Medical Marijuana

WEBSITES

New Hampshire Town and City, May/June, 2017. Marijuana in the Workplace. By Mark T. Broth

Link verified on: May 8, 2017

Under both federal and New Hampshire law, the possession, distribution, or use of marijuana is a criminal act. New Hampshire law makes a limited exception for those persons who qualify to use “medical marijuana.” Federal law contains no such exception. Technically, those persons permitted by the State to use marijuana for medical purposes are still subject to arrest and prosecution under federal law   GO>

New Hampshire Town and City, May/June, 2017. Ensuring a Drug and Alcohol Free Municipal Workplace. By Stephen C. Buckley

Link verified on: May 8, 2017

A municipal employer is not required to accommodate the therapeutic use of medical marijuana on the property or premises of any place of municipal employment. Employers are free to discipline an employee for ingesting marijuana in the workplace or for working while under the influence of marijuana. RSA 126-X:3 (III) (b) & (c).   GO>

New Hampshire. Dept. of Health and Human Services. Therapeutic Cannabis Program   GO>

Link verified on: May 8, 2017

New Hampshire. General Court. Audio File for April 11, 2013  GO>

Link verified on: May 8, 2017

New Hampshire Bar News, Vol. 26, No. 8 (Jan. 20, 2016). Medical Marijuana Law Factors into Traffic Stops / by Richard Samdperil.   GO>

Link verified on: May 8, 2017


PRINT

13th Annual Labor & Employment Law Update. [Concord, N.H.]: New Hampshire Bar Association, 2014  GO>

Link verified on: May 8, 2017

Drugs and the Law: Detection, Recognition and Investigation /by Gary J. Miller. Charlottesville, Va.: LexisNexis, Matthew Bender, 2014. 4th ed.   GO>

Link verified on: May 8, 2017

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Read the law about... Medical Marijuana

NEW HAMPSHIRE STATUTES

RSA 126-X. Use of Cannabis for Therapeutic Purposes  GO>

Link verified on: May 8, 2017

RSA 318-B. Controlled Drug Act  GO>

Link verified on: May 8, 2017

Learn About New Hampshire Statutes: New Hampshire statutes are the laws of the State of New Hampshire as enacted by the New Hampshire General Court. GO>
 

NEW HAMPSHIRE REGULATIONS

He-C 400. Therapeutic Cannabis Program  GO>

Link verified on: May 8, 2017


NEW HAMPSHIRE FORMS

New Hampshire. Dept. of Health and Human Services. Therapeutic Cannabis Program. Application and Forms  GO>

Link verified on: May 8, 2017


FEDERAL STATUTES

21 U.S.C. 811 Controlled Substances Act, (2012)  GO>

Link verified on: May 8, 2017


FEDERAL REGULATIONS

21 C.F.R. 1308 (2015)  GO>

Link verified on: May 8, 2017


FOR MORE HELP ...

Americans for Safe Access

Link verified on: May 8, 2017

The mission of Americans for Safe Access (ASA) is to ensure safe and legal access to cannabis (marijuana) for therapeutic uses and research.   GO>

Marijuana: Medical and Retail, Selected Legal Issues /by Todd Garvey and Charles Doyle. [Washington, D.C.]: Congressional Research Service, April 8, 2015  GO>

Link verified on: May 8, 2017

Medical Marijuana: Review and Analysis of Federal and State Policies /by Mark Eddy. [Washington, D.C.]: Congressional Research Service, April 2, 2010   GO>

Link verified on: May 8, 2017

State Marijuana Legalization Initiatives: Implications for Federal Law Enforcement. December 4, 2014  GO>

Link verified on: May 8, 2017


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