This article outlines the ins and outs of purchasing, selling, and using Delta 8 THC in New Hampshire. We'll walk you through the different laws. If you're a resident or visitor to NH wondering if it's safe to purchase or use Delta 8 THC products there, keep reading!
Yes, Delta 8 THC is legal in the State of New Hampshire.
Delta 8 is legal in New Hampshire! Thanks to state legislators' implementation of a progressive hemp plan, legal hemp products are now available to buy and sell in the local hemp market. Additionally, revisions to the controlled drug act have provided differentiation between hemp and marijuana so residents can move forward with confidence.
Hemp Derived Delta-8-THC, as one of the isomers of hemp, originates from the industrial hemp plant. The purchase of hemp has remained a contentious debate over the years, and it was only until 2018 when the Farm Bill provided federal limits for hemp.
According to the 2018 Farm Bill, Delta-9 content must be monitored. Specifically, the delta-9 tetrahydrocannabinol concentration must not exceed .3% measured on a dry weight basis. With the rise in popularity of the Delta-8 THC, it has some people wondering how the Delta-8 content is monitored since after all, Delta-8 is also considered a psychoactive cannabinoid. By reviewing the state laws, we can better understand the state's stance on tetrahydrocannabinols.
Current New Hampshire Delta-8 Legislation
In 2019, the state's House of Representatives amended the House Bill 459-FN (HB 459-FN) on hemp to be more favorable to residents of the state. In the Act, it states the following:
“Hemp” means the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration (THC) of not more than 0.3 percent on a dry weight basis.
“Hemp products” means all products made from hemp, including cloth, cordage, fiber, food, fuel, paint, paper, construction materials, plastics, seed, seed meal, seed oil, and certified seed for cultivation.
According to state law, New Hampshire simply monitors the Delta-9 tetrahydrocannabinol (THC) levels, and not the Delta-8 THC levels. Therefore, hemp-derived Delta 8 THC is legal in the state, as long the Delta-9 THC concentration does not exceed .3% on a dry weight basis.
New Hampshire Industrial Hemp Act
Unlike other states, New Hampshire opted out of a state Hemp Program but they still decided to allow hemp production in the state. By taking an unconventional approach, the state was the first to be approved by the USDA's plan following the 2019 interim final rule which gives the USDA authority to govern participants' involvement and provide hemp production licenses.
Following the passing of the federal 2018 Farm Bill, states were empowered to launch their own state-sponsored hemp programs in order to interface with state residents and remain compliant with federal laws. With the state's decision to opt-out of the state-level program and go directly to the USDA, a committee in the state of New Hampshire now interfaces with participants in the state.
List of controlled substances
In the amendment to the HB 459-FN, it also included an exception for industrial hemp to the state's list of Controlled Substances by adding a special case for possession of marijuana offenses. The added clause states:
Marijuana shall not include hemp grown, processed, marketed, or sold under RSA 439-A.
By reviewing the Controlled Drug Act, we can see that the same exemption is added to the possession of marijuana so hemp-derived Delta-8 THC has been excluded entirely from the list of controlled substances in New Hampshire.
Buying and Shipping Delta 8 in New Hampshire
Considering that Delta 8 is legal in New Hampshire, residents and visitors can now buy hemp-derived Delta 8 THC Products online and in-store without concerns.
Advocacy Groups in New Hampshire Supporting Delta 8 and Hemp Laws
New Hampshirites are supportive of Delta 8 movement and continually pushing towards better Hemp Laws in the state. Check out some of the standout organizations below:
News stories covering raids or busts on Delta 8 Products and stores in New Hampshire