2021 Update
No updates have been made to hemp- CBD laws in New Hampshire.
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on New Hampshire Hemp Laws and the legality of CBD in New Hampshire, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in New Hampshire
When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:
Is Full Spectrum CBD Legal in New Hampshire?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
A guideline on CBD products was issued by the New Hampshire Liquor Commission in 2018 (revised June 2019). This guideline states that CBD hemp products may not be added to foods or alcohol products under New Hampshire hemp laws. This policy is consistent with the FDA and is in place in many other states such as Hawaii, Maryland, Montana, Nebraska, Washington, and Wyoming.
Aside from CBD in foods and drinks, other CBD products can be sold and bought in New Hampshire. Any hemp products sold in New Hampshire must comply with the New Hampshire CBD law HB 1581. All CBD products sold in New Hampshire must be registered with the state. New Hampshire's hemp laws defer authority to the USDA, who oversees their hemp program.
Is It Legal to Ship PCR Hemp Oil to New Hampshire?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in New Hampshire?
In New Hampshire, like Alaska, CBD products are required to be registered with the state. This means that legal CBD products are primarily available in local retail stores.
Do you need a special license to purchase PCR Hemp Oil in New Hampshire?
You don’t need a special license to purchase CBD hemp oil (all types) in New Hampshire, only to grow, test, or sell products.
How Does New Hampshire Legally Define Hemp?
“hemp” means the plant Cannabis sativa L. and any part of the plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration (THC) of not more than 0.3 percent on a dry weight basis.
New Hampshire HB 1581
Growing and Selling Hemp in New Hampshire
New Hampshire hemp growers are unique in that there is no New Hampshire hemp laws. Instead, growers register directly with the USDA and are free to grow hemp like any other crop.
Hemp and CBD products must comply with 2018 Farm Bill hemp laws, US Food and Drug Administration (FDA) CBD requirements, and HB 1581, the New Hampshire CBD laws:
- Products and hemp crops must contain no more than 0.3% THC
- Hemp must come from a USDA registered farm
- Products must be tested by a licensed laboratory
- CBD hemp products must be registered with the state
- CBD hemp products must comply with labeling requirements
New Hampshire state hemp laws allow for CBD products such as:
- Hemp topicals
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
Edible CBD products, CBD drinks, and CBD mixed with alcohol are not legal in New Hampshire. This means that products like CBD gummies, CBD chocolate, CBD cocktails, and CBD soft drinks are prohibited.
New Hampshire CBD Testing Laws
New Hampshire CBD laws require third party testing and a certificate of analysis (CoA) for the following:
- CBD content
- THC content
- Presence and content of pesticides, heavy metals, residual solvent, mold, bacteria, and yeast
The CoA is required to be displayed on the label, or tracable to the label (QR code and test results tracable to each batch/lot). Laboratories are required to be certified by the department of agriculture, markets, and food.
New Hampshire CBD Labeling Laws
New Hampshire CBD laws require specific product labeling:
- For oral tincture, pill, or capsules- the amount of milligrams of CBD per milliliter
- For other product, types- the serving size and the contents of CBD in milligrams per serving size
- If there is no serving size- the contents of CBD in milligrams per millimeter
- Must have a warning that CBD should not be used during pregnancy
- There must be an explanation that the product is derived from hemp and may contain THC
- A warning that the consumer ought to consult with a medical provider if they take any other medication
- A warning to keep out of the reach of children
- Lot number
- The manufacturing date of the product
- List of all ingredients in descending predominance by weight if the ingredient represents at least 0.05 percent of the content of the product
New Hampshire CBD Product Registration Laws
New Hampshire CBD laws require manufacturers of products containing hemp-derived CBD to register their products with the commissioner of the department of agriculture, markets, and food. Manufacturers must register products prior to selling them and pay a $75 fee. Product registrations are valid for one year and must be renewed every year, along with paying the fee every year.
