Is Delta-8 THC Legal in New Hampshire?

By | last updated December 20, 2021

Evidence Based 4

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Delta 8 is legal in New Hampshire. The state mirrors federal laws by allowing hemp-derived products, including delta-8 THC.

Here’s a closer look at delta 8 legality in the Granite State.


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New Hampshire Delta-8 THC Laws

Hemp is legal in New Hampshire. According to HB 459:

“Hemp” means the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration (THC) of not more than 0.3 percent on a dry weight basis.

“Hemp products” means all products made from hemp, including cloth, cordage, fiber, food, fuel, paint, paper, construction materials, plastics, seed, seed meal, seed oil, and certified seed for cultivation.

New Hampshire HB459

The bill also excludes hemp from the definition of marijuana and therapeutic (medical) cannabis:

Controlled Drug Act; Marijuana; Hemp Exception… Marijuana shall not include hemp grown, processed, marketed, or sold under RSA 439-A

Therapeutic Cannabis; Industrial Hemp Excepted… In this chapter, cannabis shall not include hemp grown, processed, marketed, or sold under RSA 439-A

New Hampshire HB459

Under these definitions, delta-8 derived from hemp counts as a hemp product and is technically legal in New Hampshire. 

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

Each state can choose to regulate delta 8 in its own way.

Delta-8 THC is currently illegal in 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.

The Future of Delta 8 in New Hampshire

Delta-8 THC is legal in New Hampshire. But that might change if adult-use cannabis is legalized in the state.

State lawmakers recently introduced a bill to legalize marijuana, which means it could happen in the near future.

If it does, lawmakers may decide to redefine delta-8 THC to regulate it the same way as adult-use cannabis.

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