Current Marijuana Possession Penalties

New Hampshire law decriminalized possession of under ¾ of an ounce of marijuana for people 18 years of age and older. This means that a conviction for less than ¾ of an ounce is a violation rather than a misdemeanor criminal conviction. The maximum fine for this violation is now $100 for a first or second offense. For a third offense, the maximum fine is $300. A fourth or further subsequent offense can be brought as a class B misdemeanor if a sufficient number of qualifying prior offenses is alleged and proven.

Further, the person must forfeit the marijuana to the state. A court shall waive the fine for a single conviction within a three year period upon proof that the 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. N.H. RSA 318-B:2-c (V)(a).

The same penalties apply to anyone over 21 years of age who has a personal use amount of marijuana-infused products including edibles, drinks, tinctures, and ointments.

DWI, Sales, and Possession with Intent to Sell: No Change

DWI penalties are the same as those for driving while impaired by alcohol or felony-level drugs even if the driver was exclusively impaired by marijuana.

Sale of any amount of marijuana and possession of any amount marijuana with intent to sell are still felony offenses. Penalties increase in severity based on the amount of marijuana at issue and prior convictions. For example, a first offense sale of less than one ounce of marijuana carries a 3-year maximum prison term and a $25,000 maximum fine. Sale of 5 pounds or more of marijuana carries a 20-year maximum prison term and a $300,000 maximum fine without a prior conviction for the defendant.

About Our Team

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Kevin O'Keefe has represented thousands of clients in all areas of criminal law. Before establishing Reis & O'Keefe, Kevin was an attorney with the New Hampshire Public Defender.
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James Reis started out at the New Hampshire Public Defender in 2000. Throughout the years, Jim has steadfastly protected the rights of nearly four thousand clients.
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Investigator and paralegal Lisa Greenwaldt has worked tirelessly for the last 23 years in indigent criminal defense at both the New Hampshire Public Defender (NHPD) and with the Conflict Case Administration (CCA). She is intimately familiar with the…
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