States that have both a medical marijuana law and have removed jail time for possessing small amounts of marijuana
Updates
Last update: March 13, 2025
N.H. General Court considering cannabis legalization and other reforms
New Hampshire is the only state in New England that hasn’t legalized cannabis for adults. The Granite State remains an island of prohibition despite its “Live Free” motto and voters’ overwhelming support for legalization.
Unlike Massachusetts and Maine, New Hampshire lacks a ballot initiative process.
In 2024, the New Hampshire House of Representatives and Senate passed different versions of legalization bills but couldn’t agree on how to legalize and regulate cannabis sales. This year, Rep. Jared Sullivan’s HB 198 would take that question off the table and simply legalize possession of modest amounts of cannabis for adults 21 and older.
Gov. Kelly Ayotte (R) opposes cannabis legalization. However, at least 16 senators (a veto-proof majority) have either voted “yes” on legalization or expressed support for legalizing possession and home cultivation. There will likely be strong pressure put on Republican senators to kill HB 198. That makes it all the more important that senators hear that their constituents expect them to take a principled stance for freedom.
Make sure you’re signed up for MPP’s email alerts, so we can keep you updated on efforts to increase cannabis freedoms in the Granite State.
Other 2025 Cannabis Bills
Rep. Jonah Wheeler's HB 196 would annul cannabis possession convictions. Criminal records often stand in the way of housing, careers, and even higher education. This MPP-backed bill would create a state-initiated process to annual records “automatically.” HB 196 would make sure the door of opportunity isn't closed for conduct most voters believe should be legal. HB 196 passed the full House in a voice vote on February 20, 2025, and now heads to the Senate.
Turning to therapeutic cannabis, bills have been introduced to improve New Hampshire’s existing medical cannabis law by increasing possession limits (HB 190) and legalizing home cultivation (HB 53).
N.H.'s decriminalization and annulment laws
On July 18, 2017, then Governor Chris Sununu signed HB 640, a cannabis decriminalization bill, into law. The law reduced 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 summary of the law is here).
Then, in 2019, Gov. Sununu signed HB 399, which allows people who received misdemeanor convictions for possessing small amounts of cannabis prior to decriminalization to have their records annulled.
MPP advocated for decriminalization in New Hampshire for more than a decade in advance of this victory, along with the annulment bill. However, we know that this progress would not have been possible without the hard work of our many dedicated allies. In particular, we are grateful to attorney Paul Twomey, the ACLU-NH, the New Hampshire Liberty Alliance, and HB 640 sponsor Rep. Renny Cushing (who passed away on March 7, 2022) for their tireless efforts in support of sensible cannabis policy reforms.
In 2024, the legislature and governor made some cannabis laws harsher. Then- Gov. Sununu signed an “open container” bill (SB 426) into law. The new law imposes a $150 fine on anyone transporting cannabis (other than therapeutic cannabis) in a location other than the trunk or — if there is no trunk — either the glove compartment or the compartment least accessible to the driver. In the case of a driver, a license suspension is also possible. For those under 21, the cannabis need not be in an “open container” to result in a possible drivers license suspension.
N.H.'s therapeutic cannabis laws
MPP was proud to work alongside patients and allies for more than a decade to pass medical cannabis legislation into law in the Granite State. On July 23, 2013, then-Gov. Maggie Hassan (D) signed New Hampshire’s medical cannabis bill (HB 573) into law. This followed several challenges, including Gov. John Lynch (D) vetoing medical cannabis legislation in 2009.
But we didn’t give up, and now thousands of patients are finding relief from the program. MPP has also supported expanding the law. In 2024, Gov. Sununu signed into law a bill (HB 1278) allowing any debilitating condition to qualify for medical cannabis. He also signed a bill (SB 357) to allow any healthcare professionals who are licensed to prescribe drugs to humans to certify patients for therapeutic cannabis.
HB 198 would prevent hundreds of arrests each year. It would finally treat adults like grown-ups, and let them make their own decisions about cannabis.