December 14, 2020 6 min read

A map with a push pin marking New Hampshire

New Hampshire is one of the few states that hasn’t exactly cleared the air on CBD regulations. In fact, documents explaining the state’s laws on CBD are far and few between, and they mostly rely on federal regulations to lay the groundwork for hemp products in the state.

But what does that mean? Is CBD legal in New Hampshire? And if it is, where can you find it?

Luckily, New Hampshire’s “lack of CBD laws” indirectly legalize hemp products by deferring to the 2018 Farm Bill, but the state may still place restrictions on the type of CBD products sold within the state.

Here’s what you need to know about New Hampshire CBD laws:

Table of Contents
Legal Concerns About CBD
What are the CBD laws in New Hampshire?
Are CBD gummies legal in New Hampshire?
Is full spectrum CBD legal in New Hampshire?
Does New Hampshire have a CBD possession limit?
Can doctors prescribe CBD in New Hampshire?
Where to buy CBD in New Hampshire?
Can you buy CBD at 18 in New Hampshire?
Is CBD legal in all 50 states?
Resources

Disclaimer: We’re always working to stay informed on the latest CBD 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.

Key Takeaways

  • New Hampshire has refrained from developing their own CBD laws, instead referring to federal law. This includes supporting the FDA’s ruling that CBD is not yet approved for food and drink products.
  • The state has no minimum age for CBD, but vendors may restrict access to consumers under 21.
  • Doctors may recommend CBD in New Hampshire, but you do not need a prescription to access it. The exception lies in the state’s medical hemp program, which may allow access to other forms of CBD with a doctor’s recommendation.
  • New Hampshire enforces virtually no regulations that protect consumers, but CBD is still accessible across the state. Certain practices, like buying CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

That’s not all—

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

CBD oil, like these tinctures, may be considered a consumable by the state of New Hampshire

What are the CBD laws in New Hampshire?

New Hampshire falls into a precarious list of states with an unclear stance on CBD. The state has passed any new hemp laws that are unique to the state, and instead falls back on federal regulations. Per the 2018 Farm Bill, hemp extracts and cannabinoids are legal in the state, but with restrictions.

Citing the FDA’s lack of regulation for CBD as an ingredient in food and drinks, the state declared that CBD food items are prohibited. The same anti-edible stance has been taken up by other states, like Hawaii, California, and Minnesota. Most states declare that upon FDA regulation, these types of products will be legal to produce in the state.
At the time that the state of New Hampshire released this statement, many CBD vendors in the state removed these types of products from shelves. These restrictions generally affect manufacturers and vendors, however, not consumers.

Because CBD products can be shipped from other state’s with a looser stance on hemp (like Colorado or Oregon), CBD is still widely accessible in the state.

Are CBD gummies legal in New Hampshire?

New Hampshire has released a statement clarifying that the manufacture and sale of CBD edibles, including gummies, is prohibited while awaiting regulations from the FDA. The state has not imposed any regulations on the possession of CBD edibles that are derived from legal sources and contain less than 0.3% THC.

Is full spectrum CBD legal in New Hampshire?

It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal.

New Hampshire relies on the federal laws laid out in the 2018 Farm Bill, which remove hemp-derived cannabinoids from the Controlled Substances Act. Technically, hemp-derived CBD products that contain less than 0.3% THC are legal in New Hampshire.

Does New Hampshire have a CBD possession limit?

New Hampshire does not offer any indication of a CBD possession limit. The only limits apply to cannabis-derived CBD accessed according to the state's medical cannabis program, which imposes strict regulations and requirements.

Can doctors prescribe CBD in New Hampshire?

In New Hampshire, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.

CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.

Where to buy CBD in New Hampshire?

CBD softgels, another CBD consumable, which may be difficult to find in stores in New Hampshire

CBD regulations in New Hampshire are scarce, but the state’s public statement prohibiting the use of CBD in food and beverages encouraged many vendors to remove products from their shelves. Now, you can still find CBD products across the state, but whether these products are either legal or safe is in question.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

Can you buy CBD at 18 in New Hampshire?

New Hampshire also imposes no regulations on the legal age for buying CBD, and there are no federal regulations to declare a legal age either. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

Although New Hampshire has not declared a legal age, it is possible that these laws vary by jurisdiction. Generally, they are more heavily impacted by the seller. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21.

Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to New Hampshire.

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in New Hampshire, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Relative to Beverage Manufacturing Ingredients and the Use of CBD as a Food Additive by NHLC Licensees” https://www.nh.gov/liquor/enforcement/industry/documents/industry-circular-ingredients-revised-18-02.pdf

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