February 20, 2021 5 min read

Hemp-derived cannabinoids have soared in popularity over the last few years. One in particular, Delta-8-THC, is now in the spotlight, but it isn’t available everywhere. Is Delta-8-THC legal in New Hampshire? And if so, where can you find it?

Luckily, it is! New Hampshire has legalized hemp and all its derivatives, and even redefined “marijuana” to remove qualifying hemp products from the Controlled Substances Act in the state.

Before you buy Delta-8, take a look at New Hampshire Delta-8-THC laws:

Looking for legal Delta-8-THC you can buy in New Hampshire? 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

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • New Hampshire broadly legalized hemp and all hemp material, which includes cannabinoids, isomers, and other extracts. They also make a clear differentiation between hemp and “marijuana,” so hemp-derived Delta-8 is legal in the state.
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp. You may be able to find it at a limited number of stores in Missouri, but you can also buy legal Delta-8 online and have it shipped directly to your door.

New Hampshire Delta 8 THC Laws

New Hampshire has legalized hemp and hemp-CBD to match federal law, but there was some speculation surrounding the legal status of Delta-8-THC in the state.

However, 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. Now that the state defines a clear difference between the two, there are no strict parameters on Delta-8 in the state.

Similar laws have been used to legalize Delta-8 in neighboring states (like Vermont and Maine). The local hemp market likely includes a mix of products from legal states, and some states may not yet be well regulated.

Here’s some snippets from the official text:



  1. “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.
  2. “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.


306:3 Marijuana; Hemp Exception. Amend  RSA 318-B:2-c

(a) “Marijuana” includes the leaves, stems, flowers, and seeds of all species of the plant genus Cannabis, but shall not include the resin extracted from any part of such plant and every compound, manufacture, salt, derivative, mixture, or preparation from such resin including hashish, and further, shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. Marijuana shall not include hemp grown, processed, marketed, or sold under RSA 439-A.

306:4 Therapeutic Cannabis; Hemp Excepted. Amend  126-X:1

III. “Cannabis” means all parts of any plant of the Cannabis genus of plants, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, salt, derivative, mixture, or preparation of such plant, its seeds, or resin. Such term shall not include the mature stalks of such plants, fiber produced from such stalks, oil, or cake made from the seeds of such plants, any other compound, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seeds of such plants which are incapable of germination. In this chapter, cannabis shall not include hemp grown, processed, marketed, or sold under RSA 439-A.

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

Like many other U.S. states, New Hampshire specifically amended their Controlled Substance Act to remove hemp derived products where “marijuana” is defined. Thanks to these updates, Delta-8-THC is not a Controlled Substance in New Hampshire.

Delta 8 THC Possession Limits in New Hampshire

New Hampshire law does not define any possession limits for hemp-derived products, including Delta-8-THC.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

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, legal hemp products can be sold in the state so long as it is produced in accordance with the state’s hemp plan. If you’re looking to buy Delta-8-THC in New Hampshire, you may be in luck!

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?

There are no state regulations that place age restriction on the purchase of hemp-derived products. Retailers 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 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 in New Hampshire? Our Elev8 collection includes edibles, tinctures, vapes, and more that are Farm Bill compliant and legal in the U.S.


  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “CHAPTER 306, HB 459-FN - FINAL VERSION” http://gencourt.state.nh.us/bill_status/billText.aspx?sy=2019&id=261&txtFormat=html
  5. “TITLE XXX OCCUPATIONS AND PROFESSIONS, CHAPTER 318-B, CONTROLLED DRUG ACT” http://www.gencourt.state.nh.us/rsa/html/XXX/318-B/318-B-2-c.htm
  6. “TITLE X, PUBLIC HEALTH, CHAPTER 126-X, USE OF CANNABIS FOR THERAPEUTIC PURPOSES” https://www.gencourt.state.nh.us/rsa/html/x/126-x/126-x-mrg.htm
  7. “CHAPTER 242, HB 573-FN – FINAL VERSION” http://www.gencourt.state.nh.us/legislation/2013/HB0573.html

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