Merrimack County Cannabis – Is It Legal & Where To Buy 2025

Is Cannabis Cultivation Legal in Merrimack County?

Merrimack County only permits the cultivation of therapeutic cannabis by registered non-profit Alternative Treatment Centers (ATCs) since adult-use cannabis remained illegal as of June 2023. Enacted by the state of New Hampshire in 2013, RSA Chapter 126-X authorizes ATCs to acquire, possess, cultivate, manufacture, deliver, transfer, transport, sell, supply, and dispense cannabis and related materials to qualifying patients, designated caregivers, other ATCs, and visiting qualifying patients.

In June 2023, one of the seven ATCs in New Hampshire operated on Daniel Webster Highway, Merrimack County. ATCs may be registered following the provisions under Chapter He-C 400 or the Therapeutic Cannabis Program. As per He-C 402.05, ATCs selected to become part of the request for application (RFA) process pay a non-refundable $20,000 fee to the Department of Health and Human Services (DHHS). The completed application form and other requirements must be provided to the DHSS within 90 days of receiving a notice from the department.

Therapeutic cannabis may be lawfully cultivated in an enclosed, locked facility with a growing medium that may be soil, soil-based, hydroponic, aeroponic, aquaponic, and others. These facilities must have adequate video surveillance systems, locks, and other security devices to ensure they are only accessible to ATC agents. Under Section 126-X:8, ATCs may only possess and cultivate the following:

• 80 cannabis plants, 160 seedlings, and 80 ounces of usable cannabis (or 6 ounces of usable cannabis per qualifying patient)
• Three mature cannabis plants, 12 seedlings, and 6 ounces per qualifying patient

Chemicals under He-C 402.34 may not be used for cultivating. Additionally, the personal cultivation of cannabis is unlawful.

Is Cannabis Manufacturing Legal in Merrimack County?

Yes. Registered ATCs in Merrimack County may manufacture cultivated cannabis plants into cannabis-infused products (CIPs), including edibles, ointments, aerosols, oils, tinctures, and concentrates. He-C 402.14 requires ATCs only to process the leaves and flowers of female cannabis plants. These should be well-cured and free of seeds, stems, foreign materials, and contamination. Solvent-based extractions using flammable solvents may be permitted if the facility is equipped with a static-free fume hood, automatic sprinkler system, 110 Volt carbon monoxide detectors, fire alarm systems, fire extinguishers, food-grade equipment, and emergency eye-wash station. Furthermore, the solvents to be used during production must be food-grade.

Therapeutic cannabis and CIPs may not be dispensed unless appropriately packaged and labeled as specified in He-C 402.19. Generally, packaging must be opaque, plain, tamper-evident, child-resistant, and not attractive to children. Edibles must be in packages that do not resemble any commercially available product. On the other hand, labels must be legible and firmly affixed to the product. It must display important information, such as the type of product, list of ingredients, production and expiration date, quantity of usable cannabis, batch number, cannabinoid profile, warning labels, and directions for use. Using false or misleading statements is strictly prohibited.

Is Cannabis Retail Legal in Merrimack County?

Yes, it is legal. Merrimack County only has one registered ATC that retails therapeutic cannabis as of June 2023. However, residents can purchase cannabis from any registered ATC in New Hampshire. Per state regulations, only registered ATCs are authorized to dispense therapeutic cannabis and CIPs to qualifying patients and designated caregivers.

A valid registry identification card issued by the DHHS and a government-issued proof of identification is required to purchase edibles, extracts, gears, pre-rolls, tinctures, topicals, and vapes from ATCs. The purchase limit per qualifying patient is 2 ounces of usable cannabis every ten days. Minor qualifying patients must have a designated caregiver to purchase for them.

Dispensed products must be labeled with the patient and caregiver's registry identification number, ATC's details, and purchase date. ATC technicians must provide educational materials when dispensing cannabis. Lastly, the ATC technician must document and keep a transaction record per dispensing.

Is Cannabis Delivery Legal in Merrimack County?

No, cannabis delivery is illegal in Merrimack County as of June 2023. He-C 402.08 strictly bans registered ATCs from offering home deliveries of therapeutic cannabis and CIPs. Qualified patients and designated caregivers must visit the ATC dispensary location to purchase cannabis personally.

How to Get Medical Marijuana Card in Merrimack County

A registry identification card allows the qualifying patients and designated caregivers residing in Merrimack County to purchase therapeutic cannabis throughout New Hampshire. Established in 2013, the Therapeutic Cannabis Program (TCP) oversees the processing and issuance of registry identification cards to eligible patients and caregivers.

The application process begins with a medical provider diagnosing an applicant with one of the numerous qualifying medical conditions. To obtain a written certification, applicants must have a stand-alone medical condition or a combination of a qualifying diagnosis and a qualifying symptom. The complete patient application, written certification, proof of residency, and a $50 application fee must be mailed or personally submitted to the TCP:

NH Department of Health and Human Services

Therapeutic Cannabis Program

29 Hazen Drive

Concord, NH 03301

Application processing may take at least three weeks. Applicants may expect their registry identification cards within five days of approval. For inquiries, the TCP may be reached at 603-271-9333 or TCP@dhhs.nh.gov.

How Has Cannabis Legalization Impacted the Economy of Merrimack County?

As reported by the TCP Registry Data, Merrimack County has seen an increase in qualifying patients, designated caregivers, and medical providers since 2016:

• 2016: 266 qualifying patients, 19 designated caregivers, and 69 medical providers
• 2017: 439 qualifying patients, 48 designated caregivers, and 82 medical providers
• 2018: 805 qualifying patients, 62 designated caregivers, and 116 medical providers
• 2019: 1032 qualifying patients, 65 designated caregivers, and 127 medical providers
• 2020: 1330 qualifying patients, 87 designated caregivers, and 143 medical providers
• 2021: 1492 qualifying patients, 93 designated caregivers, and 139 medical providers

Together with the increase in the number of patients and caregivers served is the increase in the number of therapeutic cannabis sales. However, the state does not impose a tax on its sales. All income, fees, donations, and grants received by the DHHS related to therapeutic cannabis are deposited into the Registry Identification Card and Certificate Fund to support its operational expenses.

The Effects of Cannabis Legalization on Crime Rates in Merrimack County

Crime rates related to cannabis have been consistently low in Merrimack County even before its therapeutic use was legalized by New Hampshire in 2013. According to the available data from the Merrimack County Sheriff's Office on the FBI Crime Data Explorer, arrests for marijuana possession offenses and marijuana sales offenses from 2012 to 2021 are as follows:

• Arrests for marijuana possession offenses: three in 2012, two in 2013 and 2014, one in 2015, six in 2016, one in 2017 to 2019, none in 2020, and one in 2021
• Arrests for marijuana sales offenses: two in 2012, none in 2013 and 2014, one in 2015, two in 2016, one in 2017, none in 2018, one in 2019, and none in 2020 to 2021