New Hampshire’s law decriminalizing the possession of marijuana, which took effect on September 16th, mitigates prosecution for possession of small amounts of cannabis. However, this law, which reduces the criminal charge to a violation level non-criminal offense is very specific; not all possession has been decriminalized.

• Adults 18 and over found in possession of more than three-quarters of an ounce of marijuana can still be charged criminally, as can those who have lesser amounts if guilty of a fourth offense in a three-year period.
• Adults between the ages of 18 and 21 will face criminal penalties for possession of any marijuana-infused product (also known as edibles).
• Adults 21 years or older will face criminal penalties for possession of edibles unless the product was purchased from a state where it was legally sold, is stored in the properly labeled child-proof containers, and the total amount of THC is less than 300 mg.
• Adults who fail to keep their edibles secure, causing them to be accessed by persons under 18, will be charged criminally.
• Those in possession of any marijuana product under 18 years of age are subject to the jurisdiction of the juvenile court, which would likely order a substance abuse evaluation.
• Marijuana remains a Schedule I drug under federal regulations.

Drivers in possession of less than three-quarters of an ounce of marijuana and who follow the rules for edibles no longer face criminal charges. However, it is important to remember it remains illegal to drive while under the influence of marijuana, and the sale of marijuana is prohibited. In addition, anyone found to be in possession of any amount of marijuana who provides false or no information of identification will be charged.
Attorneys Allison Ambrose and Kathrine Lacey represent individuals facing civil, criminal and motor vehicle offenses. Call or email for a free consultation.