As of October 19, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in New Hampshire as vape / inhalable. Hemp Delta-9 vape - restricted. Controlling source: RSA 439-A:4 - Hemp-Derived Products Containing THC Prohibited.
Verified October 19, 2026 (hash check) · confidence: confirmedRSA 439-A:4 bars sale of any hemp-derived product containing THC (expressly including delta-9 THC 'in any formulation') greater than 0.3% dry weight, with no form-specific carve-out for vapes. New Hampshire's ceiling is unusually explicit and form-agnostic: RSA 439-A:4 names delta-9 THC 'in any formulation' directly, applying the same 0.3% dry-weight total-THC ceiling across every hemp-derived product form with no exemption for raw flower or any other category (contrast Montana's flower carve-out). Because the ban text sweeps in delta-8 and 'any other THC isomer variant' alongside delta-9 by name, this reads as a clean, low-ambiguity restricted-not-illegal ceiling: compliant (<=0.3%) hemp-derived delta-9 products are lawful, non-compliant ones are barred by statute, with no interpretive gray zone comparable to Nebraska's AG-enforcement theory.
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.
As of October 22, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in New Hampshire as capsule / tablet. Hemp Delta-9 capsule - restricted. Controlling source: RSA 439-A:4 - Hemp-Derived Products Containing THC Prohibited.
Verified October 22, 2026 (hash check) · confidence: confirmedSame 0.3% ceiling applies. New Hampshire's ceiling is unusually explicit and form-agnostic: RSA 439-A:4 names delta-9 THC 'in any formulation' directly, applying the same 0.3% dry-weight total-THC ceiling across every hemp-derived product form with no exemption for raw flower or any other category (contrast Montana's flower carve-out). Because the ban text sweeps in delta-8 and 'any other THC isomer variant' alongside delta-9 by name, this reads as a clean, low-ambiguity restricted-not-illegal ceiling: compliant (<=0.3%) hemp-derived delta-9 products are lawful, non-compliant ones are barred by statute, with no interpretive gray zone comparable to Nebraska's AG-enforcement theory.
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.
As of October 22, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in New Hampshire as beverage. Hemp Delta-9 drink - restricted. Controlling source: RSA 439-A:4 - Hemp-Derived Products Containing THC Prohibited.
Verified October 22, 2026 (hash check) · confidence: confirmedSame 0.3% ceiling applies; no beverage-specific state rule identified. New Hampshire's ceiling is unusually explicit and form-agnostic: RSA 439-A:4 names delta-9 THC 'in any formulation' directly, applying the same 0.3% dry-weight total-THC ceiling across every hemp-derived product form with no exemption for raw flower or any other category (contrast Montana's flower carve-out). Because the ban text sweeps in delta-8 and 'any other THC isomer variant' alongside delta-9 by name, this reads as a clean, low-ambiguity restricted-not-illegal ceiling: compliant (<=0.3%) hemp-derived delta-9 products are lawful, non-compliant ones are barred by statute, with no interpretive gray zone comparable to Nebraska's AG-enforcement theory.
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.
As of October 22, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in New Hampshire as edible / ingestible. Hemp Delta-9 edible - restricted. Controlling source: RSA 439-A:4 - Hemp-Derived Products Containing THC Prohibited.
Verified October 22, 2026 (hash check) · confidence: confirmedSame statewide 0.3% total-THC ceiling applies; no separate per-serving mg cap found in RSA 439-A. New Hampshire's ceiling is unusually explicit and form-agnostic: RSA 439-A:4 names delta-9 THC 'in any formulation' directly, applying the same 0.3% dry-weight total-THC ceiling across every hemp-derived product form with no exemption for raw flower or any other category (contrast Montana's flower carve-out). Because the ban text sweeps in delta-8 and 'any other THC isomer variant' alongside delta-9 by name, this reads as a clean, low-ambiguity restricted-not-illegal ceiling: compliant (<=0.3%) hemp-derived delta-9 products are lawful, non-compliant ones are barred by statute, with no interpretive gray zone comparable to Nebraska's AG-enforcement theory.
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.
As of October 19, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in New Hampshire as flower / raw plant. Hemp Delta-9 flower - restricted. Controlling source: RSA 439-A:4 - Hemp-Derived Products Containing THC Prohibited.
Verified October 19, 2026 (hash check) · confidence: confirmedRaw hemp flower is the natural fit for the dry-weight ceiling test itself; compliant flower is legal, over-threshold flower is barred under RSA 439-A:4 the same as any other form. New Hampshire's ceiling is unusually explicit and form-agnostic: RSA 439-A:4 names delta-9 THC 'in any formulation' directly, applying the same 0.3% dry-weight total-THC ceiling across every hemp-derived product form with no exemption for raw flower or any other category (contrast Montana's flower carve-out). Because the ban text sweeps in delta-8 and 'any other THC isomer variant' alongside delta-9 by name, this reads as a clean, low-ambiguity restricted-not-illegal ceiling: compliant (<=0.3%) hemp-derived delta-9 products are lawful, non-compliant ones are barred by statute, with no interpretive gray zone comparable to Nebraska's AG-enforcement theory.
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.
As of October 22, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in New Hampshire as other. Hemp Delta-9 other - restricted. Controlling source: RSA 439-A:4 - Hemp-Derived Products Containing THC Prohibited.
Verified October 22, 2026 (hash check) · confidence: confirmedCatch-all hemp-derived THC products default to the same 0.3% total-THC ceiling under RSA 439-A:4. New Hampshire's ceiling is unusually explicit and form-agnostic: RSA 439-A:4 names delta-9 THC 'in any formulation' directly, applying the same 0.3% dry-weight total-THC ceiling across every hemp-derived product form with no exemption for raw flower or any other category (contrast Montana's flower carve-out). Because the ban text sweeps in delta-8 and 'any other THC isomer variant' alongside delta-9 by name, this reads as a clean, low-ambiguity restricted-not-illegal ceiling: compliant (<=0.3%) hemp-derived delta-9 products are lawful, non-compliant ones are barred by statute, with no interpretive gray zone comparable to Nebraska's AG-enforcement theory.
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.
As of October 22, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in New Hampshire as powder / bulk. Hemp Delta-9 powder - restricted. Controlling source: RSA 439-A:4 - Hemp-Derived Products Containing THC Prohibited.
Verified October 22, 2026 (hash check) · confidence: confirmedSame 0.3% ceiling applies. New Hampshire's ceiling is unusually explicit and form-agnostic: RSA 439-A:4 names delta-9 THC 'in any formulation' directly, applying the same 0.3% dry-weight total-THC ceiling across every hemp-derived product form with no exemption for raw flower or any other category (contrast Montana's flower carve-out). Because the ban text sweeps in delta-8 and 'any other THC isomer variant' alongside delta-9 by name, this reads as a clean, low-ambiguity restricted-not-illegal ceiling: compliant (<=0.3%) hemp-derived delta-9 products are lawful, non-compliant ones are barred by statute, with no interpretive gray zone comparable to Nebraska's AG-enforcement theory.
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.
As of October 22, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in New Hampshire as raw material / ruo. Hemp Delta-9 raw material - restricted. Controlling source: RSA 439-A:4 - Hemp-Derived Products Containing THC Prohibited.
Verified October 22, 2026 (hash check) · confidence: confirmedSame ceiling applies at the product level; cultivation itself is separately permitted under RSA 439-A:3 ('Hemp is an agricultural product which may be grown as a crop'). New Hampshire's ceiling is unusually explicit and form-agnostic: RSA 439-A:4 names delta-9 THC 'in any formulation' directly, applying the same 0.3% dry-weight total-THC ceiling across every hemp-derived product form with no exemption for raw flower or any other category (contrast Montana's flower carve-out). Because the ban text sweeps in delta-8 and 'any other THC isomer variant' alongside delta-9 by name, this reads as a clean, low-ambiguity restricted-not-illegal ceiling: compliant (<=0.3%) hemp-derived delta-9 products are lawful, non-compliant ones are barred by statute, with no interpretive gray zone comparable to Nebraska's AG-enforcement theory.
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.
As of October 22, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in New Hampshire as tincture / sublingual. Hemp Delta-9 tincture - restricted. Controlling source: RSA 439-A:4 - Hemp-Derived Products Containing THC Prohibited.
Verified October 22, 2026 (hash check) · confidence: confirmedSame 0.3% ceiling applies. New Hampshire's ceiling is unusually explicit and form-agnostic: RSA 439-A:4 names delta-9 THC 'in any formulation' directly, applying the same 0.3% dry-weight total-THC ceiling across every hemp-derived product form with no exemption for raw flower or any other category (contrast Montana's flower carve-out). Because the ban text sweeps in delta-8 and 'any other THC isomer variant' alongside delta-9 by name, this reads as a clean, low-ambiguity restricted-not-illegal ceiling: compliant (<=0.3%) hemp-derived delta-9 products are lawful, non-compliant ones are barred by statute, with no interpretive gray zone comparable to Nebraska's AG-enforcement theory.
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.
As of October 22, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in New Hampshire as topical. Hemp Delta-9 topical - restricted. Controlling source: RSA 439-A:4 - Hemp-Derived Products Containing THC Prohibited.
Verified October 22, 2026 (hash check) · confidence: confirmedStatute text ('products that are derived from hemp which contain ... THC greater than 0.3 percent') is not limited to ingestible/inhalable forms, so topicals are covered by the same ceiling. New Hampshire's ceiling is unusually explicit and form-agnostic: RSA 439-A:4 names delta-9 THC 'in any formulation' directly, applying the same 0.3% dry-weight total-THC ceiling across every hemp-derived product form with no exemption for raw flower or any other category (contrast Montana's flower carve-out). Because the ban text sweeps in delta-8 and 'any other THC isomer variant' alongside delta-9 by name, this reads as a clean, low-ambiguity restricted-not-illegal ceiling: compliant (<=0.3%) hemp-derived delta-9 products are lawful, non-compliant ones are barred by statute, with no interpretive gray zone comparable to Nebraska's AG-enforcement theory.
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.
| Form | Status | Headline | Verified |
|---|---|---|---|
| Vape / inhalable | Gray area | Hemp Delta-9 vape - restricted | 2026-10-19 |
| Capsule / tablet | Gray area | Hemp Delta-9 capsule - restricted | 2026-10-22 |
| Beverage | Gray area | Hemp Delta-9 drink - restricted | 2026-10-22 |
| Edible / ingestible | Gray area | Hemp Delta-9 edible - restricted | 2026-10-22 |
| Flower / raw plant | Gray area | Hemp Delta-9 flower - restricted | 2026-10-19 |
| Other | Gray area | Hemp Delta-9 other - restricted | 2026-10-22 |
| Powder / bulk | Gray area | Hemp Delta-9 powder - restricted | 2026-10-22 |
| Raw material / RUO | Gray area | Hemp Delta-9 raw material - restricted | 2026-10-22 |
| Tincture / sublingual | Gray area | Hemp Delta-9 tincture - restricted | 2026-10-22 |
| Topical | Gray area | Hemp Delta-9 topical - restricted | 2026-10-22 |
Among New Hampshire's 3 neighbors, Vermont is illegal; Maine is restricted; Massachusetts is gray area.
Map and neighbor comparison show vape / inhalable. Open the interactive map · Every compound in New Hampshire
Federally restricted. Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; 0.4 mg per container cap lands Nov 12 2026 Federal detail
4 instruments on file for this compound's framework in New Hampshire; 30 of 30 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.
619a7ad66c8cea56318-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.
09de293834a1b3f6439-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.
ec3562db13983b25[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.]
b0ee62119ca750d9439-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.
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