Is Delta-8-THC Legal in New Hampshire? (2024)

by Kat Austin February 20, 2021 5 min read

Is Delta-8-THC Legal in New Hampshire? (2024) - Vida Optima™

With the passing of the 2018 Farm Bill, Delta-8 became legal in nearly every state, but is Delta-8 legal in New Hampshire?

Although Delta-8 was originally legal in the state, New Hampshire implemented a total ban on hemp THC products in 2023. As of now, Delta-8-THC is illegal in the state of New Hampshire.

Let's take a deeper look at New Hampshire Delta-8 laws to clarify the state's stance.

Looking for legal hemp you can buy online? Check out our Elev8 Collection.

Disclaimer: We’re always working to stay informed on the latest Delta-8 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.

Table of Contents
Delta-8-THC and Federal Laws
New Hampshire Delta-8-THC Laws
Is Delta-8 a Controlled Substance in New Hampshire?
Delta-8-THC Possession Limits in New Hampshire
Is Delta-9-THC Legal in New Hampshire?
Where to Buy Delta-8 in New Hampshire
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?

Key Takeaways

  • New Hampshire has specifically banned any hemp products containing more than 0.3% of any THC variant, which includes Delta-8 products. 
  • Although Delta-8 is illegal in the state, many consumers report finding it both in stores and online.
  • There may be penalties for possessing Delta-8 in the state, but most of the regulatory focus falls on manufacturers, not consumers. 

New Hampshire Delta 8 THC Laws

New Hampshire has legalized hemp and hemp-CBD to match federal law. Originally, the state’s definition of hemp is broad and includes Cannabis Sativa and “any part of the plant” with a delta-9-THC concentration of no more than 0.3% on a dry weight basis.

By this definition, Delta-8-THC derived from legal hemp material is legal in the state. New Hampshire went further to amend the Controlled Substances Act to remove “hemp” from the definition of marijuana. As the state defined a clear difference between the two, Delta-8 became fully legal in the state. 

However, the state amended statute RSA 439-A to ban Delta-8 and all THC variants in 2023. The New Hampshire Liquor Commission released a letter clarifying this change, which states:

"On 8/8/2023 Governor Sununu signed an amendment to RSA 439-A which added in paragraph A:4. Paragraph A:4 states the following:

439-A:4 Hemp-Derived Products Containing THC Prohibited.

Nothing in this chapter shall be construed to authorize the sale of products that are derived from hemp which contain natural or synthetic tetrahydrocannabinol (THC) greater than 0.3 percent on a dry weight basis, which appear in any formulation, including delta-8 THC, delta-9 THC, or any other THC isomer variant. This Amendment will become law, effective 10/09/2023."


Two flowering hemp plants, the federally legal source of cannabinoids like Delta-8-THC.Is Delta-8 a Controlled Substance in New Hampshire?

According to the state, Delta-8 and other hemp THC variants are controlled substances. The New Hampshire Liquor Commission's letter states:

"THCO and DELTA-8-THCO are controlled substances, they do not meet the definition of controlled substance analogues under 21 U.S.C. § 813.

Since DELTA-9-THCO and DELTA-8-THCO are Schedule I controlled substances, they are illegal to possess, sell or distribute within the State of New Hampshire."

Is Cannabis (Delta 9 THC) Legal in New Hampshire?

New Hampshire passed HB573 in 2013 to legalize cannabis for medicinal use. The state has decriminalized cannabis, but has not passed any legislation to approve cannabis for adult use.

Illicit possession of up to 21 grams of cannabis is punishable by a fine ranging from $100 to $300.

Where to Buy Delta 8 in New Hampshire?

Delta-8-THC vapes, an inhalation style product you can buy online and in stores where Delta-8-THC is legal.

According to state hemp laws, hemp Detla-8 products cannot be sold in the state. If you’re looking to buy Delta-8-THC in New Hampshire, you may find that to be a challenge. Many of New Hampshire's neighboring states (like Vermont and Maine) have legalized Delta-8 products, however, which may make them relatively accessible in the area. 

Still, it’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Do You Have to Be 21 to Buy Delta-8 in New Hampshire?

In general, 21 is the legal age to buy Delta-8  in any area where it is legal. Retailers may have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

Vida Optima Elev8 Candy

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is not legal in New Hampshire according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Ready to shop for Delta-8? Our Elev8 collection includes edibles, tinctures, vapes, and more that are Farm Bill compliant and legal in the U.S.

FAQs: Is Delta-8 Legal in New Hampshire?

1. Is Delta-8 illegal in New Hampshire?

Yes, Delta-8 THC is illegal in New Hampshire as of 2023. The state has banned the sale, possession, and use of Delta-8 THC products.

2. In what states is Delta-8 banned?

Delta-8 THC is banned in 17 states and severely restricted in 7 more. States where Delta-8 is banned include Alaska, Colorado, Delaware, Hawaii, Idaho, Massachusetts, Mississippi, and Montana, among others.

3. Is Delta-9 legal in New Hampshire?

Yes, Farm Bill compliant Delta-9 THC gummies are legal in New Hampshire. These products can be bought online or in-store as long as they are derived from hemp and contain no more than 0.3% THC by dry weight.

4. Are there age restrictions for purchasing Delta-8 in New Hampshire?

Since Delta-8 THC is illegal in New Hampshire, it cannot be legally purchased or possessed by individuals of any age.

5. Why do some stores still sell Delta-8 in New Hampshire?

Some stores might still sell Delta-8 THC products due to confusion or lack of awareness regarding the updated legal status. Consumers should be cautious and informed about the current laws to avoid legal repercussions.

6. What are the consequences of possessing Delta-8 in New Hampshire?

Possessing Delta-8 THC in New Hampshire can result in legal penalties, including fines and possible criminal charges. It's important to stay informed about state laws to ensure compliance and avoid potential legal issues.


  1. “H.R.5485 - Hemp Farming Act of 2018”
  2. “Drug Fact Sheet: K2/Spice”
  3. “MARINOL”

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