Is CBD Oil Legal in New Hampshire?

  1. New Hampshire Cannabis
  2. Is CBD Oil Legal in New Hampshire?
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Is CBD Oil Legal in New Hampshire?

CBD is legal in New Hampshire. While there is currently no legislation to regulate hemp-derived products in the state, New Hampshire defers to the 2018 Farm Bill regarding the legality of CBD. Hence, only hemp-based CBD with a maximum of 0.3% THC is considered legal in the state in compliance with the 2018 Agricultural Improvement Act. Marijuana-derived CBD is illegal, except for medical marijuana patients who can get it from their doctors.

Despite deferring to the 2018 Farm Bill, New Hampshire still places certain restrictions on CBD-related activities within its borders. For instance, the state's Department of Health and Human Services and the NH Liquor Commission stated that edible CBD (food or beverage) is illegal in New Hampshire. It is also illegal to grow hemp in New Hampshire. The state is currently studying how to establish a hemp program in line with the 2018 Farm Bill.

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What are New Hampshire CBD Laws in 2024?

Although New Hampshire has not passed any CBD laws distinctive to the state, some hemp-related bills were introduced during the 2020 legislative session. They were HB 1424, HB 1658-FN, HB 1581-FN, and SB 669.

Currently laid on table, HB 1424 sought to allow Alternative Treatment Centers (ATCs) to sell and use hemp-based CBD isolates. Also laid on table is HB 1658-FN, a bill aimed at establishing New Hampshire's hemp licensing program for processors and commercial traders. On the interim study stage is HB1581-FN, which seeks to regulate hemp-derived CBD sales in New Hampshire and ensure that all CBD products sold in the state are produced within the state borders. A bill that sought to permit higher education institutions to grow industrial hemp with third-party contractors, SB 669, died on the table of the House.

As it stands, New Hampshire relies on the 2018 Farm Bill for CBD regulations. Consequently, it is legal to sell and possess hemp-based CBD containing no more than 0.3% THC in the state. However, one thing to note about CBD-related laws in New Hampshire is that the state prohibits using CBD as a food additive, especially considering that the U.S. Food and Drug Administration (FDA) has yet to authorize that. Hence, it is unlawful for any business in the state to sell CBD-infused beverages or food.

What are New Hampshire CBD Possession Limits?

There are no possession limits for hemp-based CBD in New Hampshire. However, the state restricts persons under 18 years from buying CBD products.

Can Doctors Prescribe CBD Oil in New Hampshire?

In New Hampshire, licensed doctors may only recommend CBD oil and not prescribe it despite its supposed uses in treating chronic pain, epilepsy, cancer, and other health benefits. No one needs a doctor's prescription for CBD products considering that they are easily accessible and can be purchased from any local retail outlet.

How Old Do You Have to Be to Buy CBD in New Hampshire?

New Hampshire has an age restriction for the sale, use, and possession of CBD products. The state only allows individuals over the age of 18 to buy CBD.

What are the Licensing Requirements for CBD in New Hampshire?

Currently, hemp cultivation is illegal in New Hampshire because the state does not have a hemp program. Hence, the state has yet to start issuing licenses for hemp cultivation or production of hemp-derived CBD. However, HB 459 provided a legal pathway for hemp farmers in New Hampshire to grow hemp, hence, the production of hemp-based CBD products.

HB 459 requires hemp farmers, commercial traders, and processors in New Hampshire to obtain a license from the United States Department of Agriculture (USDA). It also requires the USDA to regulate industrial hemp production by producers in jurisdictions where it is legal but is not covered by an approved state plan. Under the USDA hemp plan, hemp producers must apply for a license before they start production. They must also submit an FBI criminal history report as part of the license application process. A USDA-New Hampshire hemp grower must submit an acreage report to the Farm Service Agency (FSA) when approved.

In 2019, HB 459 established a committee to determine the labeling requirements for hemp products, including hemp-derived CBD products sold in New Hampshire. These requirements include:

  • Product name

  • Manufacturer's address

  • List of ingredient

  • The percentage of CBD (Should not be more than 0.3%)

  • Product net weight (in grams)

  • Name of laboratory that tested the product and test number confirmation

  • FDA warning statements

  • A web address or scannable QR code or barcode with a backlink to the following information: \

    • Product name
    • Product batch date, number, and ID number
    • Batch size
    • Certificate of analysis
    • Product expiration date

A hemp-based CBD product label must not contain graphics that may appeal to underage consumers. Also, they must not have any medical claims statement marketing the product as a dietary supplement or a cure for any medical condition.

Where to Buy CBD in New Hampshire?

In New Hampshire, CBD products are available in almost all retail outlets, like gas stations, wellness centers, grocery stores, cafes, restaurants, vape shops, and convenience stores. However, avoid purchasing low-quality products when buying CBD oil or other permitted hemp-CBD products in the state from a retail shop. If purchasing a CBD product from a CBD specialist shop or a specific brand's store, it is best to get help from an employee of that store to get the appropriate product based on needs.

Consumers may also purchase hemp-based CBD products conveniently online in New Hampshire. While there are several online retail shops for CBD products in the state, buying CBD products directly through a specific brand's online shop is often recommended.

What is CBD Oil?

This is the resulting product of mixing CBD extract with a carrier oil. The CBD extracted from cannabis plants appears as a thick paste. To make it easier to formulate into ready-to-ingest products, manufacturers dissolve this paste in a carrier oil such as hemp seed oil or coconut oil.

CBD is the short form of Cannabidiol, a non-psychoactive chemical compound derived from the cannabis and hemp plants. THC and CBD are the two most common active ingredients in the hemp and cannabis plants. The difference between marijuana-derived CBD and hemp-derived CBD lies in the THC content. Generally, THC is more psychoactive than CBD and causes a "high effect," otherwise known as intoxication. CBD alone cannot get anyone high.

Decades of scientific research on CBD suggest it has several health benefits. They are believed to help in the treatment of various illnesses and the management of several medical conditions. These include:

  • Treatment of certain epilepsy syndromes
  • Management of Post-Traumatic Stress Disorder (PTSD) symptoms
  • Management of depression and anxiety
  • Treatment of chronic pain
  • Protection against neurological diseases
  • Treatment of arthritis
  • Alleviation of Amyotrophic lateral sclerosis (ALS), a disease that causes deterioration of the spinal cord and brain nerve cells
  • Treatment of Opioid addiction

CBD is presented in various forms in New Hampshire, including oil, flower, and dabs, and is generally categorized into three. These are full-spectrum CBD, broad-spectrum CBD, and CBD isolates. Full-spectrum CBD has all the components of the cannabis plant, including no more than 0.3%. On the other hand, broad-spectrum CBD contains every component of the cannabis plant except THC (strains of THC in some cases). CBD isolates contain only CBD and no other component of the cannabis plant. It is the purest form of CBD.

CBD is legal in the United States. The Agricultural Improvement Act of 2018, also known as the 2018 Farm Bill, legalized CBD with no more than 0.3% THC at the federal level. Besides removing hemp from the Scheduled 1 controlled substances list, the 2018 Farm Bill authorized hemp production and the sale of hemp-derived products, including hemp-based CBD. While the 2018 Agricultural Improvement Act does not change the legality of hemp or hemp-based CBD in states, CBD is legal in New Hampshire.

What Does CBD Do?

CBD produces some beneficial effects on the nervous system. It is a proven neuroprotective agent and an approved medication for the treatment of certain epileptic seizures. CBD may also help in the management of anxiety, depression, and other related mental health disorders. It is known to help with insomnia and provide lasting relief for people living with chronic pain and inflammation. Other lesser known benefits of CBD include boosting appetite and improving cardiovascular health by lowering high blood pressure.

Does CBD Show Up on New Hampshire Drug Test?

No, CBD does not show up on cannabis drug tests. However, the THC found in most CBD products may show up on such tests if present in the body in appreciable amounts. Taking a large dose of CBD or extended use of full-spectrum CBD products can produce high levels of THC and its metabolites in the body. Ingesting a CBD product that contains more THC than the low amount specified on its label can also cause the user to fail a drug test.

To ensure you do not fail a drug test while taking CBD, you should only use CBD products from regulated and reputable manufacturers and sellers. If you are likely to be subjected to an impromptu drug test, then it is best to switch to a CBD product with 0% THC. When looking forward to a scheduled test, take the precaution of abstaining from CBD products at least 2 weeks before the test.

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