Allows Medical marijuana?: Yes
Allows Adult-Use marijuana?: No
2018 Medical Sales : $14,000,000
2022 Projected Medical Sales : $36,000,000
2018 Adult Use Sales : N/A
2022 Projected Adult Use Sales : N/A
Noteworthy Information: New Hampshire’s medical cannabis program was signed into law in July 2013 by then-Gov. Maggie Hassan. Since then, several additional qualifying conditions have been added. As of December 2017, there were over 4,700 registered patients. Governor Chris Sununu signed a marijuana decriminalization bill in 2017, reducing penalties for possessing three quarters of an ounce or less of cannabis from a criminal misdemeanor to a civil violation punishable only by a fine. A limited recreational legalization bill was sent into “interim study” by the House in March 2018, effectively killing it for the year.
Is there a Regulatory Structure? (State Agency): Yes (New Hampshire Department of Health and Human Service--Office of Operations Support-Therapeutic Cannabis Program)
# of Dispensaries Allowed (# issued): Alternative Treatment centers
4 Allowed (4 issued, (1 of those went to the same company, in different locations)
# of Cultivations Allowed (# issued): N/A encompassed by alternative treatment centers
# of Manufacturers Allowed (# issued): N/A encompassed by alternative treatment centers
# of Testing labs Allowed (# issued): Laboratory licensing is conducted by the New Hampshire Health Facilities Administration. Labs must maintain certain standards when testing cannabis, but otherwise are treated as general labs in the state (20+ possible labs; no data on which are willing to conduct cannabis testing in accordance with the standards)
Geographic Distribution of Licenses: The ATCs Are distributed between 4 geographic areas. (Note: while the dispensing portion of an ACT must be in the designated geographic area, the cultivation and processing of cannabis can be located in a second location that does not need to be same geographic area) Geographic Area 1= Belknap, Rockingham, and Strafford counties Geographic Area 2= Hillsborough and Merrimack counties Geographic Area 3= Cheshire and Sullivan counties, and the town of Hanover and the city of Lebanon in Grafton County; Geographic Area 4= Carroll, Coos, and Grafton counties, not including the town of Hanover and the city of Lebanon in Grafton County. Based on these geographic areas, the Department selected ATCs that are now located in Dover, Merrimack, Lebanon, and Plymouth.
Request for Application (RFA)Submission Fee= $3,000
Initial registration fee for entities geographic areas 1, 2, and 3= $80,000 (20,000 due within 10 days of selection, $30,000 due with the registration application, $30,000 due upon the notice of registration approval)
Initial registration fee for entities geographic area 4= $40,000 (10,000 due within 10 days of selection, $15,000 due with the registration application,$15,000 due upon the notice of registration approval)
Annual renewal fee for ATCs in geographic areas 1, 2, and 3 =$80,000 ($40,000 due with the renewal registration application, and another $40,000 due upon the notice of registration approval)
Annual renewal fee for ATCs in geographic area 4 =$40,000 ($20,000 due with the renewal registration application, and another $20,000 due upon the notice of registration approval)
Change in Name Fee=$250
Change in Administrator Fee= $250
If there is a violation--> fee for compliance monitoring to verify the implementation of a plan of correction= $1,000
Change of Location Fee in geographic Areas 1,2,3= $30,000
Change of Location Fee in geographic Area 4= $15,000
The board of directors of the ATC must be a majority of New Hampshire residents. (As mandated non-profits, there are no 'owners' in the traditional sense. Some states have 'founder' requirements, but New Hampshire law is silent regardings founders.)
Vertical Integration Allowed, Required or Prohibited:
Allowed, but not required since ATCs are allowed to buy and sell from one another.
Medical Marijuana Qualifying Patient Conditions:
(A) Cancer, glaucoma, positive status for human immunodeficiency virus, 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, or one or more injuries or conditions that has resulted in one or more qualifying symptoms under subparagraph (B); AND
(B) A severely debilitating or terminal medical condition or its treatment that has produced at least one of the following: 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, or severe, persistent muscle spasms;
"Qualifying medical condition" also means:
(A) Moderate to severe chronic pain.
(B) Severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects.
(C) Moderate or severe post-traumatic stress disorder.
New Leaf Cannabis Consulting can help you achieve cannabis licensure in New Hampshire
The team at New Leaf Cannabis Consulting has assisted cannabis businesses launch successfully throughout the United States. Team New Leaf are high level professionals who are also veterans of this industry: We know what it takes to take you step by step through the licensing process even when regulatory details are unclear.
To learn more or get started, contact us today. We look forward to helping your cannabis business take off in New Hampshire.
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State By State Licensing Information
Legality of Cannabis in the United States
Leary v. United States (1969)
Ravin v. State (1975)
Conant v. McCaffrey (2000)
Gonzales v. Raich (2005)
Moncrieffe v. Holder (2013)