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RSA 318-B:2-c · Personal Possession of Marijuana
318-B:2-c Personal Possession of Marijuana. –
Copy link"Marijuana" includes the leaves, stems, flowers, and seeds of all species of the plant genus cannabis, but shall not include the resin extracted from any part of such plant and every compound, manufacture, salt, derivative, mixture, or preparation from such resin including hashish, and further, shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. Marijuana shall not include hemp grown, processed, marketed, or sold under RSA 439-A.
Copy link"Personal-use amount of a regulated marijuana-infused product" means one or more products that is comprised of marijuana, marijuana extracts, or resins and other ingredients and is intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures, which was obtained from a state where marijuana sales to adults are legal and regulated under state law, and which is in its original, child-resistant, labeled packaging when it is being stored, and which contains a total of no more than 300 milligrams of tetrahydrocannabinol.
Copy linkExcept as provided in RSA 126-X, any person who knowingly possesses 3/4 of an ounce or less of marijuana, including adulterants or dilutants, shall be guilty of a violation, and subject to the penalties provided in paragraph V.
Copy linkExcept as provided in RSA 126-X, any person who knowingly possesses 5 grams or less of hashish, including adulterants or dilutants, shall be guilty of a violation, and subject to the penalties provided in paragraph V.
Copy linkExcept as provided in RSA 126-X, any person 21 years of age or older possessing a personal-use amount of a regulated marijuana-infused product shall be guilty of a violation, and subject to the penalties provided in paragraph V. Persons 18 years of age or older and under 21 years of age who knowingly possess marijuana-infused products shall be guilty of a misdemeanor.
Copy link(a) Except as provided in this paragraph, any person 18 years of age or older who is convicted of violating paragraph II or III, or any person 21 years of age or older who is convicted of violating paragraph IV shall be subject to a fine of $100 for a first or second offense under this paragraph, or a fine of up to $300 for any subsequent offense within any 3-year period; however, any person convicted based upon a complaint which alleged that the person had 3 or more prior convictions for violations of paragraph II, III or IV, or under reasonably equivalent offenses in an out-of-state jurisdiction since the effective date of this paragraph, within a 3-year period preceding the fourth offense shall be guilty of a class B misdemeanor. The offender shall forfeit the marijuana, regulated marijuana-infused products, or hashish to the state. A court shall waive the fine for a single conviction within a 3-year period upon proof that person has completed a substance abuse assessment by a licensed drug and alcohol counselor within 60 days of the conviction. A person who intends to seek an assessment in lieu of the fine shall notify the court, which shall schedule the matter for review after 180 days. Should proof of completion of an assessment be filed by or before that time, the court shall vacate the fine without a hearing unless requested by a party.
Copy linkAny person under 18 years of age who is convicted of violating paragraph II or III shall forfeit the marijuana or hashish and shall be subject to a delinquency petition under RSA 169-B:6.
Copy link(a) Except as provided in this section, no person shall be subject to arrest for a violation of paragraph II, III, or IV and shall be released provided the law enforcement officer does not have lawful grounds for arrest for a different offense.
Copy linkNothing in this chapter shall be construed to prohibit a law enforcement agency from investigating or charging a person for a violation of RSA 265-A.
Copy linkNothing in this chapter shall be construed as forbidding any police officer from taking into custody any minor who is found violating paragraph II, III, or IV.
Copy linkAny person in possession of an identification card, license, or other form of identification issued by the state or any state, country, city, or town, or any college or university, who fails to produce the same upon request of a police officer or who refuses to truthfully provide his or her name, address, and date of birth to a police officer who has informed the person that he or she has been found to be in possession of what appears to the officer to be 3/4 of an ounce or less of marijuana, a personal-use amount of a regulated marijuana-infused product, or 5 grams or less of hashish, may be arrested for a violation of paragraph II, III, or IV.
Copy linkAll fines imposed pursuant to this section shall be deposited into the addiction, treatment, and prevention fund established in RSA 176-A:1 and utilized for evidence-informed substance abuse prevention programs.
Copy link(a) No record that includes personally identifiable information resulting from a violation of this section shall be made accessible to the public, federal agencies, or agencies from other states or countries.
Copy linkEvery state, county, or local law enforcement agency that collects and reports data for the Federal Bureau of Investigation Uniform Crime Reporting Program shall collect data on the number of violations of paragraph II, III, or IV. The data collected pursuant to this paragraph shall be available to the public. A law enforcement agency may update the data annually and may make this data available on the agency's public Internet website. Source. 2017, 248:2, eff. Sept. 16, 2017. 2019, 306:3, eff. July 30, 2019. 2025, 141:298, eff. July 1, 2025.
Copy linkSource note
Source. 2017, 248:2, eff. Sept. 16, 2017. 2019, 306:3, eff. July 30, 2019. 2025, 141:298, eff. July 1, 2025.
Source history
- 2017, 248:2, eff. Sept. 16, 2017
- 2019, 306:3, eff. July 30, 2019
- 2025, 141:298, eff. July 1, 2025
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Bill relationships
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2026 HB1235
reference
es on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog in violation of the provisions of RSA 318-B shall be guilty of a misdemeanor, and his or her license shall be revoked or his or her right to drive denied for a period of 60 days and at the discretion of the court for a period not to exceed 2 years. This section s
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2026 HB1235
repeal
find and declare that the possession and use of cannabis by a person 21 years of age or older should be legal. 2 Personal Possession and Growing of Cannabis; Public Consumption. RSA 318-B:2-c is repealed and reenacted to read as follows: 318-B:2-c Personal Possession of Marijuana. I. In this section: (a) "Cannabis" includes the leaves, stems, and flowers of all species of the plant genus cannabis, but s
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2026 HB1235-FN
reference
es on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog in violation of the provisions of RSA 318-B shall be guilty of a misdemeanor, and his or her license shall be revoked or his or her right to drive denied for a period of 60 days and at the discretion of the court for a period not to exceed 2 years. This section s
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2026 HB1235-FN
repeal
find and declare that the possession and use of cannabis by a person 21 years of age or older should be legal. 2 Personal Possession and Growing of Cannabis; Public Consumption. RSA 318-B:2-c is repealed and reenacted to read as follows: 318-B:2-c Personal Possession of Marijuana. I. In this section: (a) "Cannabis" includes the leaves, stems, and flowers of all species of the plant genus cannabis, but s
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2026 HB1237
reference
owledging the receipt and understanding of the policy. XXII. Excluding the drugs described in 49 C.F.R. section 392.4 of the federal Motor Carrier regulations and outlined under RSA 318-B, the only drugs that may be transported are those legally prescribed by a licensed physician, in their original container, and in the possession of the person who is prescribed them. XXIII. A tow business whose driver
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2026 HB1423
amend · effective 2027-01-01
ffect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. 3 New Subdivision; Synthetic Kratom Policy. Amend RSA 318-B by inserting after section 50 the following new subdivision: Synthetic Kratom Policy 318-B:51 Definitions. In this subdivision, "synthetic kratom" or "semisynthetic kratom" means: I. An alkaloid or alkaloid de
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2026 HB1423-FN
amend · effective 2027-01-01
ffect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. 3 New Subdivision; Synthetic Kratom Policy. Amend RSA 318-B by inserting after section 50 the following new subdivision: Synthetic Kratom Policy 318-B:51 Definitions. In this subdivision, "synthetic kratom" or "semisynthetic kratom" means: I. An alkaloid or alkaloid de
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2026 HB1796
reference · effective 2027-01-01
arch, or arrest of a person or for a violation of probation or parole, and psilocybin that relates to the conduct is not contraband or subject to seizure or forfeiture pursuant to RSA 318-B: (a) A cultivator or provider possessing or transporting not more than an adequate supply of psilocybin for medical purposes as defined by department rule; and (b) A provider administering or a qualified patient t
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2026 HB1796-FN
reference · effective 2027-01-01
arch, or arrest of a person or for a violation of probation or parole, and psilocybin that relates to the conduct is not contraband or subject to seizure or forfeiture pursuant to RSA 318-B: (a) A cultivator or provider possessing or transporting not more than an adequate supply of psilocybin for medical purposes as defined by department rule; and (b) A provider administering or a qualified patient t
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2026 HB186
reference
riod not to exceed 2 years. This section shall not apply to the possession of marijuana or hashish as provided in RSA 318-B:2-c[, or a personal-use amount of a regulated marijuana-infused product as defined in RSA 318-B:2-c, I(b)]. 14 New Section; Sentences; Annulment of Certain Arrests and Convictions for Cannabis. Amend RSA 651 by inserting after section 5-b the following new section: 651:5-c Certain Crimes Not to be Pursued; D
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2026 HB186
reference
of Drugs. Any person who drives on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog in violation of the provisions of RSA 318-B shall be guilty of a misdemeanor, and his or her license shall be revoked or his or her right to drive denied for a period of 60 days and at the discretion of the court for a period not to exceed 2 years. This
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2026 HB186-FN-A
amend
. 5 Model Drug Dealer Liability Act; Definition of Illegal Drug. Amend RSA 318-C:4, I to read as follows: I. "Illegal drug" means any drug which is a schedule I-IV drug under RSA 318-B, the possession, use, manufacture, sale, or transportation of which is not otherwise authorized by law. 6 New Chapter; Regulation of Cannabis. Amend RSA by inserting after chapter 318-E the following new chapter: CH