Is Delta-8 THC Legal in New Hampshire? (Aug. 2023 Update)

By | Updated on August 13, 2023

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New Hampshire closed the delta-8 loophole by limiting hemp products to 0.3% of any form of THC, not just delta-9. Here’s a closer look at delta 8 legality in the Granite State.


Delta-8 THC is illegal in New Hampshire. The state passed a bill on August 8, 2023 prohibiting hemp products from containing more than 0.3% of any form of THC.

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New Hampshire Delta-8 THC Laws

New Hampshire’s governor Sununu signed House Bill 611 into law on August 8, 2023. The bill “prohibits the sale of hemp products containing certain amounts of THC.” More specifically, it says:

Hemp-Derived Products Containing THC Prohibited. Nothing in this chapter shall be construed to authorize the sale of products that are derived from hemp which contain natural or synthetic tetrahydrocannabinol (THC) greater than 0.3 percent on a dry weight basis, which appear in any formulation, including delta-8 THC, delta-9 THC, or any other THC isomer variant.

HB 611

In other words, hemp products cannot contain more than 0.3% of ANY type of THC, not just delta-9. That means delta-8 is now illegal in New Hampshire.

As a quick reminder, the federal hemp bill and most state bills currently only limit hemp products to 0.3% delta-9 THC specifically, which is what created the loophole for delta-8 and other isomer forms of THC.

What is Delta-8 THC?

Delta-8-tetrahydrocannabinol (delta-8-THC) is a type of THC, the cannabis compound responsible for getting you high. Most of the THC in cannabis is present in a different form: delta-9 THC.

Delta 8 can also get you high and cause other effects like sleepiness. But it’s about 33% weaker than delta-9 THC (1). 

Why Delta-8 THC is Federally Legal

Delta-8 is legal nationwide because of a loophole in the 2018 Farm Bill. The bill legalized hemp products, limiting them to no greater than 0.3% delta-9 THC.

Since there’s no limit on other types of THC, hemp-derived delta 8 THC is legal under the bill. As it happens, delta-8 THC is usually created by chemically converting pure CBD, the most abundant cannabinoid in hemp. That makes it a legal, hemp-derived product.

States Where Delta-8 THC is Illegal

Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in New Hampshire

Delta-8 THC is illegal in New Hampshire. But there is some good news. The state is also preparing to legalize recreational cannabis. When that happens, we might see delta-8 THC make a comeback in a regulated way.

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