Most Hemp Delta-8 THC Products Are Banned in New Hampshire

Delta-8 THC is restricted in New Hampshire, but things might change in 2024.

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Lee Johnson

Lee Johnson is the senior editor at CBD Oracle, and has been covering science, vaping and cannabis for over 10 years. He has a MS in Theoretical Physics from Uppsala...

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Fact checked byNeil Willner

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Neil M. Willner is an experienced cannabis attorney at Royer Cooper Cohen Braunfeld LLC and co-chair of the firm's Cannabis Group. He focuses his practice on the cannabis industry and...

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Intoxicating hemp THC products sold in New Hampshire
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Delta-8 THC is so restricted in New Hampshire that essentially no commercial products can be sold legally.

While the state takes the usual 0.3% delta-9 THC by dry weight limit for hemp, products made from hemp cannot have more than 0.3% of any THC. This means that delta-8, delta-10, delta-9 and more are included in the calculation, and so products designed to be compliant with the 2018 Farm Bill are not compliant with New Hampshire law. 

However, the current laws are set to expire in October 2024, and may be replaced with something more permissive. Here’s what you need to know. 

Delta-8 THC is restricted in New Hampshire to the point where commercial products are effectively banned from sale.

New Hampshire passed House Bill (HB) 459 in 2019, which is broadly considered to have legalized delta-8 THC. The law defines hemp in the manner of the 2014 Farm Bill (section 439-A:2(V)), which has less explicit “delta-8 friendly” language, but is still broadly considered to have legalized delta-8 THC in the state. However, the state passed HB 611 in 2023, which adds a provision (section 439-A:4) which establishes a 0.3% limit for any and all THC isomers in hemp products. 

This means that a typical delta-8 THC product would have to contain less than 0.3% delta-8 plus delta-9 THC (plus any others). Theoretically, such a product could still be sold legally in the state. Practically, it is unlikely that any delta-8 THC product on the market meets this standard, which took effect on October 7th, 2023. 

There is also a section (237:7) repealing this rule, which takes effect on October 7th, 2024. This means the rule is something of a “placeholder” until they agree on a more robust approach.

RELATED: Where Is Delta-8 THC Legal? A State-by-State Map

Can You Buy Delta-8 Products in New Hampshire? 

At time of writing (October 19th, 2023), the provisions of HB 611 have only been in effect for around a week. However, at present there are still New Hampshire stores selling delta-8 THC products. This will likely be rectified in the coming weeks.

Delta-8 THC Alternatives 

While delta-8 THC products and other alternative THC products are not legal to buy in New Hampshire (aside from in the unlikely event that they have less than 0.3% combined THC), hemp delta-9 THC products are allowed. These are specifically designed to have substantial THC doses while remaining under 0.3% delta-9 THC, and since delta-8 THC is not naturally present in significant amounts, they are all likely under 0.3% combined THC too. 

RELATED: The Best Delta-9 THC Edibles, Reviewed

Are There Age Restrictions on Delta-8 THC Products? 

Delta-8 THC products are not legally sold in the state, but if any were to meet the strict limits of HB 611, there would be no legal age restriction on purchases.

Can You Travel to New Hampshire With Delta-8? 

It is illegal to travel to New Hampshire with delta-8 THC products.

Delta-8 THC products can’t be sold in New Hampshire, and the exemption to the state’s controlled substance laws states, “Marijuana shall not include hemp grown, processed, marketed, or sold under RSA 439-A [i.e. the state hemp laws].”

It’s most likely that since HB 611 says “Nothing in this chapter shall be construed to authorize the sale of products [with over 0.3% of any THC],” this means that no delta-8 THC products are allowed under the state hemp laws overall. Because of this, the exemption does not apply to delta-8 THC products and you would be considered to be possessing marijuana in New Hampshire, which comes with a $100 fine for small amounts

Closing Thoughts: The Future for Delta-8 in New Hampshire 

New Hampshire is likely on the road to legalizing marijuana in the state, and this will likely affect delta-8 THC. In particular, the current status quo for delta-8 has an end-date written into HB 611: October 7th, 2024. 

In the next year, even if marijuana is not successfully legalized in the state, lawmakers will have to update the rules surrounding delta-8 THC. It’s clear from HB 611 that they don’t want high-THC products to be sold under the guise of hemp, but likewise, the legalization discussion suggests that they don’t think prohibition is the best approach either. On balance, they will likely set limits for hemp to (roughly) prevent intoxicating products from being sold, and move anything above that limit to the adult-use program. 

On top of this, the 2023 Farm Bill is likely to change things for hemp in some way. Whatever happens, the current situation in New Hampshire won’t last for too long.