New Hampshire is one of the few states that hasn’t exactly cleared the air on CBD regulations. In fact, documents explaining the state’s laws on CBD are far and few between, and they mostly rely on federal regulations to lay the groundwork for hemp products in the state. But what does that mean? Is CBD legal in New Ham New Hampshire consumers aged 18 years and up are allowed to buy CBD oil (cannabidiol) since the then US president, Donald Trump, signed the Farm Bill of 2018.
Is CBD Legal in New Hampshire?
New Hampshire is one of the few states that hasn’t exactly cleared the air on CBD regulations. In fact, documents explaining the state’s laws on CBD are far and few between, and they mostly rely on federal regulations to lay the groundwork for hemp products in the state.
But what does that mean? Is CBD legal in New Hampshire? And if it is, where can you find it?
Luckily, New Hampshire’s “lack of CBD laws” indirectly legalize hemp products by deferring to the 2018 Farm Bill, but the state may still place restrictions on the type of CBD products sold within the state.
Here’s what you need to know about New Hampshire CBD laws:
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
- New Hampshire has refrained from developing their own CBD laws, instead referring to federal law. This includes supporting the FDA’s ruling that CBD is not yet approved for food and drink products.
- The state has no minimum age for CBD, but vendors may restrict access to consumers under 21.
- Doctors may recommend CBD in New Hampshire, but you do not need a prescription to access it. The exception lies in the state’s medical hemp program, which may allow access to other forms of CBD with a doctor’s recommendation.
- New Hampshire enforces virtually no regulations that protect consumers, but CBD is still accessible across the state. Certain practices, like buying CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.
Legal Concerns About CBD
It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.
But there’s a catch, and it complicates things:
Legal CBD products must come from industrial hemp.
This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.
The final product must contain less than 0.3% THC, too.
That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.
Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.
Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.
What are the CBD laws in New Hampshire?
New Hampshire falls into a precarious list of states with an unclear stance on CBD. The state has passed any new hemp laws that are unique to the state, and instead falls back on federal regulations. Per the 2018 Farm Bill, hemp extracts and cannabinoids are legal in the state, but with restrictions.
Citing the FDA’s lack of regulation for CBD as an ingredient in food and drinks, the state declared that CBD food items are prohibited. The same anti-edible stance has been taken up by other states, like Hawaii, California, and Minnesota. Most states declare that upon FDA regulation, these types of products will be legal to produce in the state.
At the time that the state of New Hampshire released this statement, many CBD vendors in the state removed these types of products from shelves. These restrictions generally affect manufacturers and vendors, however, not consumers.
Because CBD products can be shipped from other state’s with a looser stance on hemp (like Colorado or Oregon), CBD is still widely accessible in the state.
Are CBD gummies legal in New Hampshire?
New Hampshire has released a statement clarifying that the manufacture and sale of CBD edibles, including gummies, is prohibited while awaiting regulations from the FDA. The state has not imposed any regulations on the possession of CBD edibles that are derived from legal sources and contain less than 0.3% THC.
Is full spectrum CBD legal in New Hampshire?
It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal.
New Hampshire relies on the federal laws laid out in the 2018 Farm Bill, which remove hemp-derived cannabinoids from the Controlled Substances Act. Technically, hemp-derived CBD products that contain less than 0.3% THC are legal in New Hampshire.
Does New Hampshire have a CBD possession limit?
New Hampshire does not offer any indication of a CBD possession limit. The only limits apply to cannabis-derived CBD accessed according to the state’s medical cannabis program, which imposes strict regulations and requirements.
Can doctors prescribe CBD in New Hampshire?
In New Hampshire, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
Where to buy CBD in New Hampshire?
CBD regulations in New Hampshire are scarce, but the state’s public statement prohibiting the use of CBD in food and beverages encouraged many vendors to remove products from their shelves. Now, you can still find CBD products across the state, but whether these products are either legal or safe is in question.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
Can you buy CBD at 18 in New Hampshire?
New Hampshire also imposes no regulations on the legal age for buying CBD, and there are no federal regulations to declare a legal age either. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.
Although New Hampshire has not declared a legal age, it is possible that these laws vary by jurisdiction. Generally, they are more heavily impacted by the seller. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21.
Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to New Hampshire.
Is CBD legal in all 50 states?
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in New Hampshire, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
Is CBD Oil Legal in New Hampshire? – August 2022
The legality of hemp-based CBD products in New Hampshire follows the federal guidelines of the 2018 Farm Bill .
Historically, the 1970 Federal Controlled Substances Act categorized hemp, marijuana, and all other cannabis varieties as Schedule I drugs (5) .
The law defined Schedule I drugs as narcotics, substances, or potentially addictive and abusive chemicals with no accepted health benefits.
Congress legalized hemp cultivation through the Hemp Farming Act of 2018 (6) . This law differentiated hemp from marijuana.
The Hemp Farming Act redefined hemp plants as cannabis with less than 0.3% THC concentration by weight, while marijuana plants have more than that quantity.
Under new definitions, CBD derived from hemp plants no longer belonged to the Schedule I category. Still, marijuana-derived CBD remained illegal due to the high concentration of psychoactive cannabinoids .
Additionally, the 2018 Farm Bill ’s passage allowed the US Food and Drug Administration ( FDA ) to regulate CBD’s distribution in stores.
While the FDA continues to reevaluate their stance on CBD products , companies cannot make any therapeutic claims about CBD products or market them as dietary supplements (7) .
The FDA has previously issued warning messages to companies that made unproven claims about CBD as a treatment for medical conditions (8) .
Companies in the CBD industry now include disclaimers on their websites to clarify that CBD is not medicine.
New Hampshire CBD Laws
In 2013, Gov . Maggie Hassan of the New Hampshire Legislature signed House Bill 573 (Chapter 241 of the Laws of 2013) as the legal basis for the New Hampshire Therapeutic Cannabis Program (9) .
The same law is the legal basis for the New Hampshire Medical Marijuana Program . The program creates protective marijuana laws for qualified patients who use medical marijuana to treat debilitating medical conditions .
Later on, the 2018 Farm Bill, signed into law by former President Trump , affirmed CBD products’ legality with less than 0.3% THC content by weight and distributed through licensed vendors only.
HB 573 (RSA 126-X)
The New Hampshire Legislature assigned the New Hampshire Department of Health and Human Services to oversee the Therapeutic Cannabis Program (10) .
The Department’s primary responsibilities are:
- To issue registry identification cards and maintain the records of qualifying patients with certified qualifying medical conditions and associated symptoms
- To issue registry identification cards to authorized caregivers of qualifying patients
- To issue registration certificates to a maximum of four alternative treatment centers in NH for cultivating, producing, and dispensing cannabis to people involved
A statement from the University of New Hampshire Cooperative Extension says that there is now a legal way to grow industrial hemp in the state (11) .
Individuals seeking licensure for starting their own CBD business or personal consumption in New Hampshire must apply directly under the US Agricultural Marketing Service of the US Department of Agriculture (12) .
Buying CBD Legally
Customers must make some important considerations before buying CBD oil in New Hampshire.
Customers must beware of products that use marketing terms like “100% organic” or “pure CBD oil ” without clear proof.
How to Read CBD Product Labels
Consumers must carefully read a product’s label and packaging to see if the company provided the following information:
- Amount of CBD per serving
- Net weight
- Manufacturer’s name
- Batch number or code
- List of ingredients
- Suggested usage
- Type of CBD
How to Decide Which CBD Products to Buy
Consumers should also look up the CBD brand before purchasing its products. A responsible CBD brand includes comprehensive lab test results of its products on its website.
Third-party lab results or a product’s certificate of analysis (COA) confirms CBD products’ potency.
The COA is a document that third-party labs issue a CBD company to ensure that its products meet quality standards.
The COA results typically include cannabinoid and terpene profiles for consumers to see the exact amount of CBD present and compare with the label.
Most lab results also include contaminant profiles that detail whether a brand’s CBD product lacks harmful contaminants such as pesticides, heavy metals, or residual solvents.
Where to Buy CBD Products Legally
Customers can typically purchase high- quality CBD products from health and wellness retailers .
Some New Hampshire pharmacies sell CBD products that meet state law requirements on labeling and testing.
Consumers may also buy CBD online directly through a specific brand’s shop.
Some of the best rated CBD stores in New Hampshire, according to the Better Business Bureau (BBB), include (13) :
- BLUEMOONSmoke Shop
Phone: (603) 458-7997
- AroMed Naturals, LLC
Phone: (802) 505-1405
- Crayolex LLC
Phone: (603) 609-0383
The BBB gathers consumer reports and reviews on various businesses of a particular state and only accredits credible stores (14) .
CBD Possession Limits
The legal status of CBD products in New Hampshire allows local customers to possess unlimited amounts of CBD or hemp oil products .
Meanwhile, qualified medical marijuana patients with a medical marijuana card may possess up to two ounces or 56.7 grams of medical marijuana (15) .
Is CBD Oil Legal in Other States?
The 2018 Farm Bill legalized hemp cultivation at the federal level in all 50 states. This law redefined hemp as cannabis with less than 0.3% THC content.
Individual states have their interpretation of this law while staying in line with FDA standards.
Retailers cannot market CBD as medication or dietary supplements, per FDA regulation.
State laws may place varying degrees of restriction on the manufacture and possession of CBD. Misdemeanors and failure to comply with local medical cannabis laws will result in appropriate fines.
What Is CBD?
CBD is a non-psychoactive cannabinoid or component found within cannabis plants.
Most CBD products sold on the market come from hemp plants than they are from marijuana plants.
Hemp plants have more CBD than marijuana plants, which explains why companies might source their CBD products from industrial hemp.
Companies will then manufacture hemp extracts in different product forms. Available CBD products include tincture oils, topicals, gummies, capsules, and vape juices.
How Are Marijuana and Hemp Different?
Although both marijuana plants and hemp plants are varieties of Cannabis sativa plants, their differences lie in their cannabinoid contents.
Hemp plants contain more CBD than marijuana plants. Conversely, marijuana plants contain more THC than hemp plants, which explains why marijuana-based products are federally illegal to possess and process.
CBD is non-psychoactive, while THC is psychoactive. THC is the component of cannabis plants that causes users to “get high” upon using products rich in such compounds.
What Are The Different Types of CBD?
Full-spectrum CBD contains all of the hemp plant ’s naturally occurring cannabinoids , including trace amounts of THC .
Broad-spectrum CBD contains most of the cannabinoids within the hemp plant , except THC .
CBD isolate only contains CBD after the hemp plant undergoes extraction methods to strip the plant of most of its naturally occurring cannabinoids .
What Makes Medical Marijuana and CBD Oil Different?
CBD oil derived from hemp typically has a THC content of less than 0.3% , while medical marijuana may exceed that limit.
Consumers do not need a medical marijuana card to purchase CBD oil .
What Are the Benefits of CBD Oil?
Several studies have looked at the purported benefits of CBD oil .
Researchers have discovered that CBD has potential therapeutic benefits for Alzheimer’s disease (16) , Crohn’s disease (17) , glaucoma (18) , hepatitis C (19) , and multiple sclerosis (20) .
Epidiolex remains the only US FDA -approved CBD treatment for epilepsy with significant scientific backing (21) .
Does CBD Oil Have Side Effects?
Although the World Health Organization has given CBD a good safety profile (22) , CBD has potential adverse effects, including the following (23) :
- dry mouth
- liver damage
- mood changes
- changes in alertness
- potential drug interactions
- loss of appetite and gastrointestinal problems
Like in all 50 United States, New Hampshire consumers can legally purchase CBD products that meet the conditions established in the 2018 Farm Bill .
The standard condition for a CBD product ’s legal status is that it should only have trace amounts of THC , specifically less than 0.3% THC content on a dry weight basis.
*The information shared in this article was based on findings retrieved on November 12, 2020. The legality and regulations for CBD may change without notice .