Is CBD Legal in New Hampshire? State Hemp Rules in 2026
New Hampshire allows hemp CBD within 0.3% THC. From January 1, 2027, THCA counts and THC hemp products can't be sold to anyone under 21.
Last checked: Based on official sourcesNot legal advice.
What's on this page?
In short
As of November 5, 2026, CBD from hemp is legal in New Hampshire. State law defines CBD as a compound extracted from hemp, and hemp as cannabis with no more than 0.3% delta-9 THC on a dry weight basis.[1]
Since October 2023, state law has said that hemp-derived products with more than 0.3% THC, including delta-8 and delta-9 THC, are not authorized for sale. A 2026 law, Chapter 275 (SB 624), takes effect on January 1, 2027. It counts THCA toward the limit, states that such products are prohibited, and bans selling or giving any hemp product with THC to people under 21.[1, 2]
New Hampshire has a medical cannabis program but no legal adult-use marijuana market. Possessing a small amount of marijuana without a medical card is a violation punished by a fine.[3, 4]
At a glance
| Topic | Status |
|---|---|
| Is CBD legal? | Yes, within limits. As of November 5, 2026, state law defines CBD as a compound extracted from hemp plants and allows hemp to be grown as a crop. Hemp-derived products with more than 0.3% THC on a dry weight basis are not authorized for sale.[1] |
| Hemp definition and THC limit | Until December 31, 2026, hemp means Cannabis sativa L. with no more than 0.3% delta-9 THC on a dry weight basis. From January 1, 2027, the definition also covers derivatives, extracts and cannabinoids, and the 0.3% limit applies to total THC, including THCA.[1, 2] |
| CBD in food and drinks | State law lists food among hemp products. We could not confirm any New Hampshire rule or agency guidance on adding CBD to food or drinks as of November 5, 2026.[1] |
| Intoxicating hemp products (delta-8, THCA flower and similar) | Restricted. Since October 7, 2023, state law has said it does not authorize the sale of hemp-derived products with more than 0.3% natural or synthetic THC in any form, including delta-8 and delta-9 THC. From January 1, 2027, THCA is named too, and the law says such products are prohibited.[1, 2] |
| Minimum age | From January 1, 2027, no licensee, salesperson "nor any other person" may sell or give a hemp-derived product with THC in any amount to anyone under 21. This includes delta-8, delta-9 and THCA. We could not find a statewide minimum age for hemp products before that date.[2, 5] |
| Who can sell it | We could not find a state license or registration for stores that sell hemp or CBD products, or a state rule on online sales, as of November 5, 2026. From January 1, 2027, a new paragraph in the liquor law, RSA 179:50, V, says all liquor licensees must comply with the state ban on hemp products with more than 0.3% THC.[2, 6] |
| Labels and lab testing | We could not find New Hampshire labeling or lab testing rules for hemp or CBD products in official sources as of November 5, 2026. |
| Medical and adult-use marijuana | New Hampshire has a medical program only. Registered patients with a qualifying condition may buy cannabis from nonprofit alternative treatment centers and possess up to two ounces. Adult-use sales are not legal. Without a medical card, possessing three-quarters of an ounce of marijuana or less is a violation with a $100 fine for a first or second offense.[3, 4] |
| November 12 and December 11, 2026 | New Hampshire's hemp definition is written into state law and does not refer to later federal changes. From January 1, 2027, it counts total THC including THCA, like the new federal definition, but it has no 0.4 mg per container limit. Our reading, not an official statement: from December 11, 2026, unless Congress delays it again, products above the federal limit may not count as hemp under federal law, even though state law does not set that limit.[1, 2, 7, 8] |
How New Hampshire defines hemp
New Hampshire's hemp law, RSA chapter 439-A, took effect on July 30, 2019. It says its purpose is to let farmers and other businesses use the hemp market opened by the 2018 federal Farm Bill. Hemp may be grown as a crop.[1]
Until December 31, 2026, hemp means Cannabis sativa L. and any part of the plant with no more than 0.3% delta-9 THC on a dry weight basis. State law defines CBD as a phytocannabinoid extracted from hemp plants. Hemp products include food, seed oil, fiber and other goods made from hemp.[1]
From January 1, 2027, Chapter 275 rewrites the definition. Hemp will include seeds, derivatives, extracts, cannabinoids, isomers, acids and salts. The 0.3% limit will apply to total THC, including THCA.[1, 2]
Delta-8, THCA and other THC products
A 2023 law added RSA 439-A:4, in effect since October 7, 2023. It says nothing in the hemp chapter authorizes the sale of hemp-derived products with more than 0.3% natural or synthetic THC on a dry weight basis. This covers any formulation, including delta-8 THC, delta-9 THC or any other THC isomer.[1]
Chapter 275, approved on July 2, 2026, adds THCA to that list and adds a clear sentence: "Such products are prohibited." This change takes effect on January 1, 2027.[1, 2]
Age limit and liquor licensees from 2027
From January 1, 2027, a new paragraph in the state's liquor law, RSA 179:5, III, applies. No licensee, salesperson "nor any other person" may sell, deliver or give away any hemp-derived product containing THC in any amount to a person under 21. This includes delta-8 THC, delta-9 THC, other THC isomers and THCA.[2, 5]
The rule covers THC "in any amount." Our reading, not an official statement: full-spectrum CBD products with trace THC may also fall under the under-21 ban.[5]
From the same date, RSA 179:50, V says all liquor licensees must comply with the state ban on hemp products with more than 0.3% THC (RSA 439-A:4). The official statute text lists this paragraph as taking effect on January 1, 2027. We could not find a separate state license for hemp or CBD retailers, or state labeling and testing rules for these products.[2, 6]
Medical cannabis and marijuana possession
New Hampshire's therapeutic cannabis law, RSA chapter 126-X, took effect in 2013. The Department of Health and Human Services registers patients and caregivers. Patients buy cannabis from alternative treatment centers, which must operate on a not-for-profit basis.[3]
Qualifying conditions include cancer, epilepsy, multiple sclerosis, moderate to severe chronic pain, moderate or severe PTSD, and generalized anxiety disorder, among others. A registered patient may possess up to two ounces of usable cannabis. The law's definition of cannabis leaves out hemp under RSA 439-A.[3]
Adult-use marijuana is not legal. Since 2017, possessing three-quarters of an ounce of marijuana or less without medical protection has been a violation, not a crime. The fine is $100 for a first or second offense and up to $300 for a later one within three years. After three earlier convictions, a further offense can be charged as a class B misdemeanor.[4]
How the 2026 federal hemp change may affect New Hampshire
From November 12, 2026, federal law no longer counts cannabinoids that the plant cannot naturally produce as hemp. The rest of the new federal definition, including total THC and a 0.4 mg limit per container for final products, is set for December 11, 2026, unless Congress delays it again.[7, 8]
New Hampshire writes its own THC limit into state law. From January 1, 2027, state law will count THCA, which brings it closer to the new federal definition. It does not include the federal per-container limit. Our reading, not an official statement: hemp products that meet state law but exceed 0.4 mg total THC per container may not count as hemp under federal law from December 11, 2026.[1, 2, 7, 8]
What changes next
Federal exclusion of non-natural cannabinoids
From November 12, 2026, federal law no longer counts cannabinoids that the plant cannot naturally produce as hemp.[7, 8]
Rest of the federal hemp definition
Total THC and the 0.4 mg per container limit for final products are set for December 11, 2026, unless Congress delays it again. New Hampshire law has no per-container limit.[1, 7, 8]
Chapter 275 takes effect
Total THC including THCA counts toward the 0.3% limit, THC hemp products over that limit are prohibited, THC hemp products may not be sold to anyone under 21, and liquor licensees must comply with the ban.[1, 2, 5, 6]
Who regulates hemp and CBD
- New Hampshire Department of Agriculture, Markets, and Food: State agency named in the hemp law (RSA 439-A)
- New Hampshire Department of Health and Human Services, Therapeutic Cannabis Program: Registers medical cannabis patients and caregivers and oversees alternative treatment centers
Timeline
Therapeutic cannabis law takes effect
RSA 126-X created New Hampshire's medical cannabis program.[3]
Marijuana possession decriminalized
Possessing three-quarters of an ounce or less became a violation punished by a fine.[4]
State hemp law takes effect
RSA 439-A defined hemp and CBD and allowed hemp as a crop.[1]
THC hemp products not authorized
RSA 439-A:4 said state law does not authorize selling hemp products with more than 0.3% THC, including delta-8.[1]
SB 624 signed
Chapter 275 counts THCA, prohibits THC hemp products over 0.3% and sets an under-21 sales ban, all from January 1, 2027.[2]
Sources
Show 8 references
- RSA Chapter 439-A: Hemp
- 2026 N.H. Laws Chapter 275 (SB 624-FN): An act restricting access to certain hemp-derived products and establishing the offenses of criminal adulteration and distribution of adulterated controlled substances, chaptered final version
- RSA Chapter 126-X: Use of Cannabis for Therapeutic Purposes
- RSA 318-B:2-c Personal Possession of Marijuana
- RSA 179:5 Prohibited Sales
- RSA 179:50 Licensee Compliance
- Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
- Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
Other states
CBD in the United States · Alabama · Alaska · Arizona · Arkansas · California · Colorado · Connecticut · Delaware · District of Columbia · Florida · Georgia · Hawaii · Idaho · Illinois · Iowa · Kansas · Kentucky · Louisiana · Maine · Maryland · Massachusetts · Michigan · Minnesota · Mississippi · Missouri · Montana · Nebraska · Nevada · New Jersey · New Mexico · New York · North Carolina · North Dakota · Ohio · Oklahoma · Oregon · Pennsylvania · Rhode Island · South Carolina · South Dakota · Tennessee · Texas · Utah · Vermont · Virginia · Washington · West Virginia · Wisconsin · Wyoming · CBD laws by country
About this page
This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.