N.H. General Court considering cannabis legalization and other reforms

New Hampshire is the only state in New England that hasn’t legalized cannabis for adults. The Granite State remains an island of prohibition despite its “Live Free” motto and voters’ overwhelming support for legalization. 

In Spring 2024, the New Hampshire House of Representatives and Senate passed different versions of legalization bills but couldn’t agree on how to regulate cannabis sales. In November 2024, an ardent prohibitionist, Kelly Ayotte (R), was elected governor. A majority of Republican senators voted to table legalization in 2025, given Ayotte’s stance.

Unlike Massachusetts and Maine, New Hampshire lacks a ballot initiative process. However, the Granite State allows the legislature to refer constitutional amendments to voters. Rep. Jonah Wheeler’s CACR 19 would add to New Hampshire’s constitution, “Adults who are 21 years of age or older shall have the right to possess a modest amount of cannabis intended for their personal consumption.” It would need 60% in each the House and Senate to appear on the November 2026 ballot, where it would need a two-thirds majority. Unlike statutory bills, there is no role for the governor, so Gov. Ayotte would not be able to veto it.

In addition, Rep. Jared Sullivan (D) has proposed three bills to legalize cannabis for adults (HB 198, HB 186, and HB 1235), and Sen. Donovan Fenton (D) has proposed one (LSR 2026-2257).

Make sure you’re signed up for MPP’s email alerts, so we can keep you updated on efforts to increase cannabis freedoms in the Granite State.

Other 2025 and 2026 Cannabis Bills

Rep. Jonah Wheeler's HB 196 would have annulled cannabis possession convictions. Criminal records often stand in the way of housing, careers, and even higher education. This MPP-backed bill would have created a state-initiated process to annual records “automatically.” HB 196 would have made sure the door of opportunity isn't closed for conduct most voters believe should be legal. HB 196 passed the full House in a voice vote on February 20, 2025, but was killed in the Senate Judiciary Committee.

Turning to therapeutic cannabis, the House passed bills to improve New Hampshire’s existing medical cannabis law by increasing possession limits (HB 190) and legalizing home cultivation (HB 53). Both bills were tabled after a motion was made by Sen. Darryl Abbas (R).

In the 2026 legislative session, bills have been proposed to support firearms rights for patients (HB 1446 and SB 462).

N.H.'s decriminalization and annulment laws

On July 18, 2017, then Governor Chris Sununu signed HB 640, a cannabis decriminalization bill, into law. The law reduced penalties for possessing three-quarters of an ounce or less of cannabis from a criminal misdemeanor to a civil violation punishable only by a fine (a summary of the law is here).

Then, in 2019, Gov. Sununu signed HB 399, which allows people who received misdemeanor convictions for possessing small amounts of cannabis prior to decriminalization to have their records annulled.

MPP advocated for decriminalization in New Hampshire for more than a decade in advance of this victory, along with the annulment bill. However, we know that this progress would not have been possible without the hard work of our many dedicated allies. In particular, we are grateful to attorney Paul Twomey, the ACLU-NH, the New Hampshire Liberty Alliance, and HB 640 sponsor Rep. Renny Cushing (who passed away on March 7, 2022) for their tireless efforts in support of sensible cannabis policy reforms.

In 2024, the legislature and governor made some cannabis laws harsher. Then- Gov. Sununu signed an “open container” bill (SB 426) into law. The new law imposes a $150 fine on anyone transporting cannabis (other than therapeutic cannabis) in a location other than the trunk or — if there is no trunk — either the glove compartment or the compartment least accessible to the driver. In the case of a driver, a license suspension is also possible. For those under 21, the cannabis need not be in an “open container” to result in a possible drivers license suspension.

N.H.'s therapeutic cannabis laws

MPP was proud to work alongside patients and allies for more than a decade to pass medical cannabis legislation into law in the Granite State. On July 23, 2013, then-Gov. Maggie Hassan (D) signed New Hampshire’s medical cannabis bill (HB 573) into law. This followed several challenges, including Gov. John Lynch (D) vetoing medical cannabis legislation in 2009.

But we didn’t give up, and now thousands of patients are finding relief from the program. MPP has also supported expanding the law. In 2024, Gov. Sununu signed into law a bill (HB 1278) allowing any debilitating condition to qualify for medical cannabis. He also signed a bill (SB 357) to allow any healthcare professionals who are licensed to prescribe drugs to humans to certify patients for therapeutic cannabis.

For more information about the program — and for an application — visit the Therapeutic Cannabis Program website.

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