Launch Details: New Hampshire legalized medical marijuana in 2013 with the passage of House Bill 573.
Enabling Legislation: The Therapeutic Cannabis Program was established under New Hampshire Revised Statutes Annotated (RSA) Chapter 126-X.
Regulatory Authority: The New Hampshire Department of Health and Human Services (DHHS) oversees the medical marijuana program.
Historical Milestones: Notable expansions include adding new qualifying conditions over the years and increasing patient access through a streamlined registration process.
2. Patient Eligibility and Registration
Qualifying Conditions: Conditions include cancer, glaucoma, HIV/AIDS, hepatitis C, ALS, PTSD, chronic pain, and other severe or chronic illnesses.
Certification Process: Patients must obtain a certification from a licensed New Hampshire physician or APRN and submit an application to DHHS.
Patient ID Cards: Registration requires an application fee of $50 and annual renewal.
Minor Access: Minors may participate with certification from two providers and require a designated caregiver.
3. Possession and Usage Limits
Possession Limits: Patients may possess up to 2 ounces of usable marijuana every 10 days.
Cultivation Permissions: Home cultivation is not allowed in New Hampshire; all cannabis must be obtained through licensed Alternative Treatment Centers (ATCs).
Form Restrictions: Authorized forms include flower, tinctures, oils, capsules, and topicals, but smokable forms are limited.
4. Dispensaries and Access
Licensed Dispensaries: Known as Alternative Treatment Centers (ATCs), New Hampshire has a limited number of licensed facilities across the state.
Dispensary Operations: ATCs are regulated by DHHS, with specific requirements for location, operating hours, and security.
Product Availability: Available products include flower, oils, tinctures, capsules, and edibles, all meeting state potency and quality standards.
Patient Access: Patients must present a valid medical cannabis card and New Hampshire ID to enter ATCs.
5. Medical Cannabis Product Standards
Testing Requirements: Testing for potency, contaminants, pesticides, and other safety concerns is mandatory.
Labeling and Packaging: Products must include THC/CBD content labeling, child-resistant packaging, and health warnings.
Product Safety Standards: ATCs are subject to stringent quality control and recall procedures to maintain product safety.
6. Caregiver Provisions
Eligibility and Role: Caregivers must be 21+, complete registration with DHHS, and may serve up to five patients.
Duties and Limitations: Caregivers can purchase, transport, and administer medical cannabis on behalf of their patients.
Caregiver Access to Dispensaries: Caregivers with valid registry cards may purchase cannabis at ATCs for their patients.
7. Legal Protections and Restrictions
Patient and Caregiver Protections: Registered patients and caregivers are protected from prosecution under state law for activities within program limits.
Employment and Housing: No specific employment or housing protections exist for medical marijuana patients in New Hampshire.
Public Consumption and Transport: Public consumption is prohibited, and medical cannabis must be stored in a secure container during transport.
8. Program Fees and Taxation
Patient and Caregiver Fees: The patient registration fee is $50, with an additional fee for caregivers.
Dispensary Fees and Taxes: ATCs pay licensing fees, but medical cannabis is not subject to additional state sales tax.
Tax Structure: Revenue from licensing supports the administration and oversight of the medical cannabis program.
9. Insurance and Financial Assistance
Insurance Coverage: Medical cannabis is not covered by health insurance in New Hampshire.
Financial Assistance Programs: There are no specific financial assistance programs for medical marijuana patients in New Hampshire.
10. Social Equity and Community Impact
Social Equity Initiatives: New Hampshire does not have specific social equity programs in its medical marijuana framework.
Community Reinvestment: Licensing fees fund regulatory oversight but are not directed to community reinvestment or social programs.
Research Initiatives: The state may permit research initiatives on medical cannabis, though no specific programs are currently in place.
11. Compliance and Enforcement
Inspection and Compliance Audits: DHHS conducts regular inspections of ATCs to ensure compliance with operational and safety standards.
Recall Procedures and Consumer Complaints: New Hampshire enforces a recall system for any unsafe products, and patients may report issues to DHHS.
Penalties for Non-Compliance: ATCs that violate regulations face penalties, including fines, suspension, or revocation of licenses for serious infractions.
