Answering the question "Is CBD oil legal in New Hampshire (NH)?" should be simple, mainly because of the alterations in national law regarding cannabidiol (CBD). Shortly put—if your CBD oil was gained from specific parts of a mature hemp Cannabis sativa L. plant, you should be in the clear as far as federal law is concerned. Yet what does New Hampshire marijuana law say?
NH law allows for medical marijuana use within their designated program. The Granite State regulations pertaining to this Therapeutic Cannabis Program are surprisingly clear and detailed, making it one of the more accessible state medical cannabis programs.
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The New Hampshire Marijuana Laws and The Therapeutic Cannabis Program
In 2014, RSA 126-X was signed into law, allowing the possession of two grams per person of marijuana for medical purposes. Possession was limited to qualifying patients who carry a registry identification card obtained through the NH Department of Health.
At first, the list of qualifying conditions was small and the regulations very restrictive. However, a few amendments later, and it is now possible to obtain your medical cannabis a bit more easily in NH. Also, the list of medical conditions was expanded. [1]
The state furthermore put the Therapeutic Marijuana Program in place, with over 4,000 registered patients so far. There are a few steps to be taken to register, but once done, patients, their caregivers, and their providers (prescribing physicians) will be protected against prosecution for possession of medical marijuana.
What Are the Qualifying Conditions for The Therapeutic Marijuana Program?
If you suffer from one or more of the following, you would be eligible to apply for registration (taken from the NH Department of Health website):
- Cancer
- Glaucoma
- Human immunodeficiency virus (HIV)-positive status
- Acquired immune deficiency syndrome
- Hepatitis C
- Amyotrophic lateral sclerosis
- Muscular dystrophy
- Crohn's disease
- Multiple sclerosis
- Chronic pancreatitis
- Spinal cord injury or disease
- Traumatic brain injury
- Epilepsy
- Lupus
- Parkinson's disease
- Alzheimer's disease
- Ulcerative colitis
- Ehlers-Danlos syndrome
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You will also qualify if you have one or more injuries or conditions that have resulted in one or more of the qualifying symptoms, as listed below. Or, you have a severely debilitating or terminal medical condition, or its treatment has produced at least one of the following symptoms:
- Elevated intraocular pressure
- Cachexia
- Chemotherapy-induced anorexia
- Wasting syndrome
- Agitation of Alzheimer's disease
- Severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects
- Constant or severe nausea
- Moderate to severe vomiting
- Seizures
- Severe, persistent muscle spasms
- Moderate to severe chronic pain
- Severe pain that has not responded to previously prescribed medication or surgical measures, or for which other treatment options produced serious side effects
- Moderate or severe post-traumatic stress disorder [2][3]
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Unlisted Conditions—Can I Still Apply?
According to the regulations, you may also petition for approval of a "severely debilitating or terminal medical condition not listed as a qualifying medical condition."
The following apply:
- The medical condition must be very debilitating and life-threatening.
- The condition must show one or more of the symptoms listed under the previous heading.
- Your doctor must list this condition on your application and also supply a written petition to the state health department.
Refer to the registry rules of the Therapeutic Cannabis Program for more details, including what the department requires for the petition to be considered. Those can be found online here.
The New Hampshire Department of Health accepts such petitions every January and July each year. [3]
What Info Do I Need to Supply to Obtain A Registry Identification Card?
You will be expected to supply information such as full name, date of birth, telephone number, and your mailing address. You will also need to give the name and city or town of your designated alternative treatment center, where you will be able to get the medical marijuana. Furthermore, you will be expected to sign a number of acknowledgments, a pledge not to distribute the cannabis unlawfully, and a signed certification signifying:
- that you're a NH resident
- that "facts as stated in the application are accurate to the best of [your] knowledge and belief"
- that you understand the consequences of a false declaration
Your doctor or advanced practice registered nurse, called the “Provider” in the New Hampshire marijuana law, will need to supply you with a Written Certification for the Therapeutic Use of Cannabis. They will also need to supply the following information:
- Full name
- Office telephone number
- Office mailing address
- NH provider license number
- Proof that the provider is a physician or an advanced-practice registered nurse
- Active US Drug Enforcement Administration (DEA) registration number
- Medical specialty
When Is It Unlawful to Be under the Influence of Therapeutic Cannabis?
Medicinal marijuana and related products can still cause psychotropic symptoms, such as somnolence, drowsiness, or an altered state of mind. Because of this, state law stipulates the following restrictions when you are under the influence:
- Driving any type of vehicle, including a motor, motorcycle, boat, ATV, or snowmobile.
- Operating heavy machinery.
- At work, unless you have written permission from your employer that you're allowed to use therapeutic marijuana while working.
Am I Allowed to Smoke or Vape the Therapeutic Marijuana?
Yes, you are. You are also allowed to eat or drink cannabis products for medicinal purposes. However, you should wait at least six hours after smoking or vaping, and eight hours after eating or drinking products before you drive any vehicle or operate heavy machinery.
Can I Take And/or Use My Products Anywhere?
No. Schools and their grounds—as well as public recreation centers or youth centers—are restricted areas, and you will be prosecuted if you use marijuana, for whatever purpose, on these premises.
Public spaces are restricted for any smoking or vaping in New Hampshire; this extends to therapeutic cannabis. These include public parks, public beaches, fields, and sidewalks. Indoors, public spaces would constitute restaurants and bars and common areas of apartment buildings. [4]
Is CBD oil legal in New Hampshire? Yes, it is, and hemp-derived CBD oil is legal everywhere in the U.S. It is also safe and easily obtainable.
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