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New Hampshire has not clearly defined its regulations regarding CBD, which can leave residents confused about the legality of hemp products. Is CBD legal in New Hampshire?
Yes, it is, as the state defers to the 2018 Farm Bill, which legalized hemp-derived products, though restrictions may still apply to specific types of CBD. This ambiguity affects everything from CBD in NH to where you can buy hemp flower in New Hampshire and THCA flower in New Hampshire.
Understanding New Hampshire’s CBD landscape is essential for finding legal CBD products. Let's dig into the details:
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.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
New Hampshire has an unclear stance on CBD, relying on federal regulations from the 2018 Farm Bill, which legalizes hemp extracts but prohibits CBD food items due to the FDA's lack of regulation, leading to the removal of such products from local shelves while still allowing consumers to access CBD from vendors in states with looser hemp laws.
Here are the details:
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.
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.
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.
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.
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.
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.
New Hampshire does not impose regulations on the legal age for buying CBD, and federal regulations also lack a defined age limit, making CBD theoretically accessible to all ages, despite some products like smokable hemp flower and CBD vaporizers being unsuitable for younger users.
While there is no specific legal age for CBD in New Hampshire, many vendors align with the tobacco product age of 21, leading some shops to enforce this limit.
However, numerous CBD brands allow customers 18 and older to order legal CBD products online and ship them to New Hampshire.
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.
Yes, CBD gummies are legal in New Hampshire as long as they comply with federal regulations, meaning they must be derived from hemp containing less than 0.3% THC.
While most states have legalized CBD to some extent, a few states still impose strict regulations or outright bans on CBD products. It's important to check the specific laws for each state, including New Hampshire CBD laws, to ensure compliance.
Yes, CBD derived from hemp with less than 0.3% THC is generally legal to take across state lines, but you should always verify the laws of both states to avoid any legal issues, particularly in states with stricter regulations like New Hampshire.
Yes, CBD edibles are legal in New Hampshire as long as they meet federal standards regarding THC content. However, be aware that the FDA has not approved CBD for food products, so some restrictions may apply.
No, as of now, New Hampshire does not have recreational dispensaries. The state has legalized medical cannabis, but recreational use remains illegal, although legislation is being discussed.
Yes, to buy cannabis products from a dispensary in New Hampshire, you need a medical card. However, CBD products that comply with federal regulations can be purchased without a medical card from various retailers.
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