By Mya Blanchard, Nashua Ink LInk

New Hampshire is the only New England state that hasn’t legalized marijuana. While both the N.H. House and Senate passed different versions of a legalization bill in the last legislative session – the first time the Senate had done so – a revised bill was narrowly tabled by the House after a compromise couldn’t be reached.

The use of marijuana remains decriminalized for adults in New Hampshire, but you can still be fined for its use and can even face jail time for possession under certain circumstances.

Decriminalization 

 According to norml.org (the National Organization for the Reform of Marijuana Laws), decriminalization typically means “no arrest, prison time, or criminal record for the first-time possession of a small amount of marijuana for personal consumption.” 

New Hampshire’s decriminalization bill, House Bill 640, was signed by Governor Sununu on July 18, 2017, and went into effect on Sept. 16, 2017.  The bill reduced the penalty in New Hampshire for possession of small amounts of marijuana – ¾ of an ounce or less – from a criminal misdemeanor to a civil violation in most cases. 

Someone’s first two offenses in a three-year period are considered civil violations and can come with a maximum fine of $100. A third offense in three years can be a $350 fine. A fourth offense, however, is then considered a Class B misdemeanor, punishable by a $1,200 fine. 

Possession of more than ¾ of an ounce is then a misdemeanor, with a maximum fine of $350 and up to 1 year of incarceration.

The sale, or possession with the intent to sell, is a felony. 

Penalties for marijuana possession or sale in New Hampshire

Possession

Negligibly storing marijuana and marijuana-infused products that causes possession of marijuana or infused products by a person under 18 years old is a misdemeanor.

Legalization 

More than a dozen cannabis-related bills were filed in 2024, including HB 1633, “relative to the legalization and regulation of cannabis and making appropriations therefor,” for adults 21 and older. 

Both the House and the Senate passed different versions of the bill, but have yet to agree on a compromised revised version. 

In 2023, the Senate defeated a legalization bill. In the 2024 session, the Senate made revisions to HB 1633, with the goal of acquiring enough favorable votes. The House rejected the Senate’s revision and requested a committee of conference to negotiate a compromise. A revised version was approved on June 6. The revised bill went back to the House, where it was tabled in a 178-173 vote on June 13.

Sununu has said he is willing to sign legislation legalizing cannabis if it were to limit retailers to a maximum of 15 state-supervised franchises that would be overseed by the N.H. Liquor Commission. The Senate endorses the franchise model, while the House does not. 

The 2024 candidates for governor have differing views on marijuana legalization. Republican candidate Kelly Ayotte has said she would not sign a bill legalizing marijuana. Democratic candidate Joyce Craig and Libertarian candidate Stephen Villee both support legalizing marijuana for adults.

These articles are being shared by partners in the Granite State News Collaborative and the Know Your Vote youth voter guide. The Know Your Vote youth voter guide  project was designed, reported and produced by student and young professional journalists from The Clock,The Concord Monitor, The Equinox, Granite State News Collaborative, Keene State College, The Laconia Daily Sun, The Monadnock Ledger-Transcript, Nashua Ink Link and The Presidency and the Press program at Franklin Pierce University. You can see the full guide at  www.collaborativenh.org/know-your-vote.