Is Delta-8 THC Legal in New Hampshire? (2026)

Instrument

Definitions (Controlled Drug Act) -- "Controlled drug analog" definition (subparagraph VI-a) and supporting "Substantially similar in chemical structure" definition (subparagraph XXXI-a)

Source

https://gc.nh.gov/rsa/html/XXX/318-B/318-B-1.htm

Retrieved

2026-07-02

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318-B:1 Definitions. --

VI-a. (a) "Controlled drug analog" means a substance, however constituted, the chemical structure of which is derivative of, or substantially similar to that of a controlled drug and:

(1) Which has been shown in laboratory studies to bind with and activate the same central nervous receptors that are responsible for the psychoactive effects of a certain controlled drug or controlled drug class; or

(2) With respect to a particular person, which such person represents or intends to have similar psychoactive effects on the central nervous system as a controlled drug.

(b) "Controlled drug analog" shall not include:

(1) A controlled drug;

(2) Any substance for which there is an approved new drug application;

(3) With respect to a particular person, any substance, if an exemption is in effect for investigational use for that person under 21 U.S.C. section 355, to the extent conduct with respect to the substance is pursuant to such an exemption; or

(4) Any compound, mixture, or preparation that contains any controlled drug or controlled drug analog that is not for administration to a human being or animal, and that is packaged in such a form or concentration, or with adulterants or denaturants so that, as packaged, it does not present any significant potential for abuse.

XXXI-a. "Substantially similar in chemical structure" means that the substance in question shares a common core structure with a controlled drug, meaning that the "backbone" of the molecule is the same, and has no more than 2 points of divergence (additions, deletions, or substitutions) from the controlled drug, which may consist of a single atom or a functional group or some combination thereof. Functional groups are further defined as alkyl, alkenyl, alkynyl, ring structures (either homocyclic or heterocyclic, with or without additional attached functional groups), organic halides, alkoxy, alcohol, ether, amine, aldehyde, ketone, carboxylic acid, ester, amide, nitrile, nitro, sulfide, thiene, thioester, or thiol.

Instrument

Hemp-Derived Products Containing THC Prohibited.

Source

https://gc.nh.gov/rsa/html/XL/439-A/439-A-4.htm

Retrieved

2026-07-02

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439-A:4 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.

Source. 2023, 237:6, eff. Oct. 7, 2023.

Instrument

RSA 439-A (current); SB 624 (2026) eff. 2027-01-01

Source

https://bills.nhliberty.org/bills/2026/SB624/changes

Retrieved

2026-10-07

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[SB 624 (2026), approved July 2, 2026, not yet in force:] RSA 439-A:2, V [Hemp includes] "all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers" [with a] "total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid)" [of 0.3% or less]. RSA 439-A:4 [products over 0.3% are not authorized for sale] "Such products are prohibited." RSA 179:5, III [no sale of hemp-derived products containing any THC to] "a person under the age of 21." Sec. 9 "The remainder of this act shall take effect January 1, 2027." [Bracketed spans summarized.]

Instrument

Chapter 439-A Hemp - Purpose; Definitions; Hemp Permitted; Hemp-Derived Products Containing THC Prohibited

Source

https://gc.nh.gov/rsa/html/XL/439-A/439-A-mrg.htm

Retrieved

2026-07-19

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439-A:1 Purpose. The intent of this chapter is to define hemp so that farmers and other businesses in the New Hampshire agricultural industry can take advantage of this market opportunity afforded by the passage of the Agricultural Improvement Act of 2018. Source. 2019, 306:2, eff. July 30, 2019. 439-A:2 Definitions. In this chapter: I. 'Cannabidiol' or 'CBD' is a phytocannabinoid extracted from hemp plants. II. 'Commissioner' means the commissioner of the department of agriculture, markets, and food. III. 'Department' means the department of agriculture, markets, and food. IV. '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. V. '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. Source. 2019, 306:2, eff. July 30, 2019. 439-A:3 Hemp Permitted. Hemp is an agricultural product which may be grown as a crop. Source. 2019, 306:2, eff. July 30, 2019. 2021, 206:2, Pt. X, Sec. 2, eff. Aug. 10, 2021. 439-A:4 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. Source. 2023, 237:6, eff. Oct. 7, 2023.