is cbd oil legal in nh

New Hampshire Marijuana Laws

Updated September 2019

The state of New Hampshire has taken some steps toward creating reasonable cannabis access policies that its constituents have shown support for, but it still has a ways to go. Learn more about New Hampshire marijuana laws below.

Recreational Marijuana in New Hampshire

Is marijuana legal in New Hampshire? In short, no. However, on July 18, 2017, New Hampshire’s new governor Chris Sununu (R) signed into law House Bill 640, which makes the first and second offense of possession of up to three quarters of an ounce of cannabis or up to five grams of hash a civil offense punishable by a $100 fine, rather than a criminal offense. A fine of up to $300 for any subsequent offense within three years may be applied. A fourth offense within a three-year period may result in a person being charged with a misdemeanor.

Under New Hampshire marijuana laws, police cannot arrest someone for a cannabis violation, and minors caught with possession are subject to a delinquency petition. The money collected from fines will go to a fund dedicated to alcohol and drug abuse prevention and treatment.

With the passing of the most recent law, New Hampshire became the 22nd U.S. state to decriminalize marijuana and the last of the New England states. It went into effect 60 days after signing.

Medical Marijuana in New Hampshire

New Hampshire took a huge step forward by passing a comprehensive medical marijuana law in 2013. Gov. Maggie Hassan signed House Bill 573 to legalize medical marijuana on July 23, 2013, but the rollout was plagued with delays and the first dispensary didn’t open until April 2016. Under the law, registered patients are allowed to possess up to 2 ounces of usable marijuana.

The state currently has four open and operational dispensaries. The law does not allow for qualified patients to cultivate marijuana at home.

In order for patients to be eligible for New Hampshire’s Therapeutic Cannabis Program, a licensed physician, advanced practice registered nurse, or a physician assistant must issue a written certification that certifies that a patient has BOTH a condition listed here AND a symptom listed in the second list:

  • Amyotrophic Lateral Sclerosis (ALS)
  • Alzheimer’s Disease
  • Cancer
  • Chronic Pancreatitis
  • Crohn’s Disease
  • Ehlers-Danlos Syndrome
  • Epilepsy
  • Glaucoma
  • Hepatitis C
  • Lupus
  • Multiple Sclerosis
  • Muscular Dystrophy
  • Parkinson’s Disease
  • Post-traumatic Stress Disorder (PTSD)
  • Spinal Cord Injury or Disease
  • Traumatic Brain Injury (TBI)
  • Ulcerative Colitis

  • Agitation of Alzheimer’s Disease
  • Chemotherapy Induced Anorexia
  • Elevated Intraocular Pressure
  • Moderate to Severe Chronic Pain
  • Moderate to Severe Vomiting
  • Nausea
  • Severe Pain That Has Not Responded to Previously Prescribed Medication
  • Persistent Muscle Spasms
  • Seizures
  • Wasting Syndrome or Cachexia

CBD from Hemp Oil in New Hampshire

Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.

Cultivation of Cannabis in New Hampshire

Growing cannabis for medical or personal purposes remains illegal.

Hemp can be cultivated legally by licensed growers. Governor Maggie Hassan House Bill 421 in July 2015, authorizing the University of New Hampshire to grow industrial hemp for research purposes. In July 2019, Gov. Chris Sununu signed House Bill 459 to amend the state’s existing hemp law. The new bill officially legalizes hemp and establishes a committee to study the federal guidelines on growing hemp.

Legal Status of Other U.S. States

Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.


DISCLAIMER: The information contained in this website is for general information purposes only; it does not constitute legal advice. Although we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Therefore, any reliance you place on such information is strictly at your own risk.

With more states legalizing the use of marijuana it can be hard to stay up to date on New Hampshire marijuana laws. Click to learn more about marijuana laws in NH!

CBD Oil in New Hampshire: Laws, Popularity and Where to Buy

Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.


CBD Gummies

CBD Cream

CBD Capsules

A Guide to CBD Oil in New Hampshire

  • New Hampshire CBD laws are ambiguous at best.
  • Despite confusion, residents are enjoying a variety of CBD products.
  • You can easily order CBD online and have it delivered to your door in New Hampshire.
  • The state is just as ambiguous about hemp as it is about CBD.
  • In New Hampshire, establishments cannot sell alcohol with CBD added.

Is CBD Oil Legal in New Hampshire?

Out of all the states, New Hampshire’s relationship with cannabis law is one of the most confusing. It seems that most residents are in favor of more relaxed legislation, but lawmakers are strongly against it.

You can find CBD just about anywhere, including most retail locations. There are even vape stores that sell CBD, and specialty shops where you can find it in all forms. People are enjoying abundant access to CBD oils, gummies, creams and novelties. However, no one really knows if they are actually legal.

The Granite State appears to defer to the U.S. Food and Drug Administration regarding CBD, though it is difficult to find documents that directly take a stance on the subject. The federal administration uses vague language to assert that CBD is not approved for certain uses. It has specified that it will not pursue enforcement in every case, and acknowledges that more research is necessary before full regulation can take place.

The 2018 Farm Bill legally separated hemp from marijuana, defining the former as containing 0.3 percent THC or less. The bill allows growers to produce hemp and process its derivatives for commercial use, but some states are still basing their legislation on the old definitions, which did not distinguish between mairjuana and hemp.

Are There CBD Laws in New Hampshire?

In New Hampshire, the only authority to have officially weighed in on CBD is the New Hampshire Liquor Commission (NHLC). The agency released a statement in June 2019 indicating that CBD is not permitted in alcoholic beverages. This is in line with federal guidance from the FDA, but the NHLC cites an old U.S. Drug Enforcement Agency document from 2017 defining CBD as marijuana (before the new definition of hemp was released).

New Hampshire offers no regulation regarding the sale of CBD, and there are no documents to be found indicating that it is illegal. But the state does take a hard line against marijuana products, and some sectors of the state government appear to still be confused about how hemp differs from marijuana.

CBD in New Hampshire: Understanding Different Types of CBD Products


If you want a product that offers a lot of versatility, CBD oil is ideal. This is the original format for almost all CBD products on the market. Penguin’s CBD oils come in four delicious flavors, and we also carry an unflavored option for our purist customers. Simply hold the oil under your tongue for a minute or two, then swallow. Or you can add the oil to your coffee, tea or favorite recipes.


Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.

CBD Capsules

If variety is not something you are looking for in your CBD, and you just want something that offers flexibility, then Penguin’s CBD capsules are going to be the best fit. You can travel with these without worrying about messy spills, and getting your daily dose takes no more thought than deciding how many 10mg gelcaps you want to take.

CBD Capsules

Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.

CBD Gummies

The best thing about CBD gummies is that they are both delicious and discreet. Pack them in your bag to help you through the day, or enjoy them as a bedtime snack. Penguin’s CBD gummies are the perfect combination of sweet and sour, and they each contain 10mg of CBD isolate. You can eat one or a handful—but you’ll be tempted to eat the whole jar!

CBD Gummies

Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.

CBD Cream

Our luxurious CBD cream is a great way to start or end your day. It’s a perfect addition to your skincare routine. You can use Penguin’s CBD cream any time you want to pamper yourself with a satin-smooth moisturizer that smells amazing.

We start with a shea and cocoa butter base and then infuse it with our famous CBD, along with the relaxing scents of lavender and soothing peppermint, for a satisfying cream that will make you feel like you’re at the spa every time you use it.

CBD Cream

Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.

Industrial Hemp in New Hampshire

Almost every U.S. state is currently participating in some iteration of the federal hemp-growing program. The 2014 legislation allowed states to work with growers and universities to research the current market for hemp and the region’s most effective growing methods. The 2018 Farm Bill allows states to supervise their own commercial growing plan, with USDA approval.

New Hampshire is one of the only states not participating in any program at all. The state did have a research pilot program under the 2014 legislation for a while, but it was so restrictive that few growers were able to join. It is very unclear where the state is headed next, as there have been mixed messages for the last year or so.

In June 2019 , the House passed a bill that allows growers in the state to produce hemp commercially, but specified that growers would have to register individually with the USDA. In March 2020, the University of New Hampshire (the university the state was working with on the research program) announced that the state would not be creating a state hemp program. Five days after UNH’s announcement was published, the New Hampshire House adopted HB1658 , establishing a state hemp-growing program.

Whatever is in the cards for people interested in growing hemp in New Hampshire, it will likely be mired in confusion and inconsistency. Nothing is clear yet, but we do know that it will be some time before residents of New Hampshire are able to enjoy CBD made from hemp grown and processed in their home state.

Can I Purchase CBD in New Hampshire?

Purchasing CBD

If you want to buy CBD in New Hampshire, you can certainly find a place that will sell it to you. The best places in New Hampshire to make your CBD purchases are the specialty shops where you can talk to knowledgeable staff that may have put some thought into the CBD products they carry.

While it may seem counterintuitive to say that your safest option is to buy CBD online, this is the case in New Hampshire because of the lack of information and regulation in the state. Companies are taking advantage of the fact that New Hampshire residents are uninformed. Purchasing online is much safer, as you can do your research.

CBD Oil in New Hampshire

The burgeoning CBD industry has opened the door for numerous companies to operate fraudulently. They are using ingredients that may be dangerous to your health, or at the very least they are not being honest about product concentration and content.

Even the companies that are not purposefully deceptive may not invest in third-party lab testing for every batch of CBD they process, meaning that there may be large variations in their products. Some of them may not contain the amount of CBD the package indicates, and some may have a concentration of THC that is higher than the legal limits.


At Penguin CBD, we’re always completely transparent about our products, and that is one reason why we’re the top pick for reviewers and publications all over the internet. Our customers love our products and rave about how great-tasting and effective they are.

If you ever want to check on the contents of your product, we post every batch test from our independent lab verifications on the product pages. You never have to wonder what you are getting when you order from us, and we are always happy to answer any questions you have.

Final Thoughts About CBD in New Hampshire

CBD legality in New Hampshire is anybody’s guess. The state’s most recent piece of legislation regarding hemp does acknowledge that hemp is not the same thing as marijuana, and that products derived from the lower-THC plant are legal. It refers to FDA guidance on the subject, but the FDA has yet to clearly weigh in on the subject.

There is no hemp-growing program in the state … or is there? The state has been back and forth on the subject for the last year, but as of March, the New Hampshire House has adopted legislation creating a program. The bill indicates that funds are to be allocated for that program in 2021, and there is currently nothing happening on that front.

Consumers can buy CBD just about anywhere in New Hampshire, as it is in grocery stores, gas stations, vape shops and even pet stores. However, that does not mean it is safe to buy the products there, from either a legal standpoint or a health standpoint.

If you’re going to purchase CBD in New Hampshire, your best bet, for now, is to do thorough research before you buy. Shopping online is the most secure way to get your CBD, and you can get a good idea of what you should look for by visiting our website today.

Thinking about buying CBD oil in New Hampshire? Here's all the important information about its laws and regulations. ]]>