Licensed cannabis cultivation for medical purposes only in Strafford County was legalized in 2013 by the New Hampshire Statute 126-X (RSA 126-X) titled Use of Cannabis for Therapeutic Purposes. The statute created the Therapeutic Cannabis Program (TCP) under the New Hampshire Department of Health and Human Services (DHHS) to manage all matters concerning medical cannabis. The only entities allowed to cultivate medical cannabis in the State of New Hampshire are non-profit Alternative Treatment Centers (ATC) registered with the TCP.
Under the New Hampshire Code of Administrative Rules Chapter He-C 400, Rule He-C 402.04 states that each ATC must pay a Request for Application (RFA) fee of $3,000 and a selection fee of $20,000. To change the location of a facility, the fee is $30,000. To change the name of the center or the administrator, a $250 fee is charged for each procedure.
Administrative Rule He-C 402.05 requires the ATC to submit to the TCP during the registration process the following approvals from the county or municipality where the medical cannabis facilities shall be located:
An ATC facility must be at a distance of more than 1,320 feet from a school zone. The cultivation of medical cannabis must be done indoors in a locked facility. Administrative Rule He-C 402.14 adds that only pesticides that are organic may be applied to medical cannabis crops.
Administrative Rule He-C 402.24 mandates that the ATC set up a security system to prevent unauthorized entry into the facilities and theft of any form of medical cannabis. The security system must have alarms on all perimeter entries and windows, with such alarms connected to law enforcement or a commercial alarm monitoring service. Video surveillance must run around the clock, with recordings retained for not less than 90 days. Only authorized individuals must be allowed to enter any medical cannabis facility.
All batches of medical cannabis harvests must be tested by an independent licensed laboratory to determine their cannabinoid content and detect any contamination, in accordance with Administrative Rule He-C 402.15.
Administrative Rule He-C 402.28 requires the ATCs to submit to any inspection by the TCP. An ATC is also required by Administrative Rule He-C 402.13 to keep a real-time inventory of all forms of medical cannabis in its facilities and their movements.
Licensed medical cannabis product manufacturing in Strafford County was legalized by RSA 126-X of the State of New Hampshire. The same TCP-registered ATCs authorized to cultivate medical cannabis are also the only ones authorized to manufacture medical cannabis products according to the New Hampshire Administrative Rule He-C 402.16. Hence, the same application requirements, location restrictions, indoor operations, security measures, testing, inventory tracking, and inspections apply.
The medical cannabis products that ATCs are allowed by Administrative Rule He-C 402.03 to manufacture include concentrates, oils, aerosols, tinctures, edible goods, and topical preparations, among others.
The ATC must observe the requirements for packaging and labeling specified by Administrative Rule He-C 402.19. Medical cannabis and medical cannabis product containers must be opaque, plain, tamper-proof, and child-proof. They must not be made appealing to children and must not be comparable to other products sold commercially. Labels must be clear and include the following:
The licensed retail of medical cannabis and medical cannabis products to medical cannabis cardholders in Strafford County was legalized by the State of New Hampshire’s RSA 126-X. The TCP-registered ATCs authorized to cultivate medical cannabis and manufacture medical cannabis products are also authorized for retail dispensing in accordance with the New Hampshire Administrative Rule He-C 402.05. Therefore, the same requirements for application, location, indoor business, security, testing, inventory, and inspections are applicable. The ATCs are allowed to sell in their dispensaries the medical cannabis product types they are allowed to manufacture, in addition to raw medical cannabis.
Section 126-X:7 of RSA 126-X states that an ATC may have just one dispensary site. However, if needed to meet demand, the TCP may authorize a second dispensary location. There is one ATC dispensary in Strafford County, located in the City of Dover.
ATC dispensaries are required by Administrative Rule He-C 402.20 to ask for every purchaser’s medical cannabis card and another government-issued ID for verification. These must be validated against the active registry list of the TCP. If the registered patient is a minor, the ATC is only allowed to sell medical cannabis and medical cannabis products to the patient’s caregiver. When a caregiver makes a purchase, the ATC must confirm with the patient that the purchase was turned over, unless the patient is too young or is a mentally incapacitated adult.
The purchase limit every 10 days is two ounces of any form of usable medical cannabis. The ATC must add to each label the registry number and address of the medical cannabis cardholder and the date of purchase.
Every sale must be documented by the ATC in a transaction record that includes the following information:
According to the TCP, since June 2023, patients with valid medical cannabis cards from other US states or Canada have been allowed to purchase medical cannabis and medical cannabis products from ATC dispensaries thrice a year. However, if the medical condition of the visiting patient matches the qualifying medical conditions in New Hampshire, the visiting patient is allowed to purchase two ounces of medical cannabis every 10 days like local medical cannabis cardholders.
It is not legal to deliver medical cannabis and medical cannabis products to the homes of medical marijuana cardholders in Strafford County. The New Hampshire Administrative Rule He-C 402.08 prohibits ATCs from doing so. ATCs may only dispense all forms of medical cannabis to medical marijuana cardholders within their retail facilities.
Meanwhile, Administrative Rule He-C 402.11 allows the transportation of any form of medical cannabis from one ATC to another, from an ATC to a testing laboratory or waste disposal site, or from one medical cannabis facility to another owned by the same ATC.
To get a medical cannabis card, residents of Strafford County must have been diagnosed to be suffering from one of the listed stand-alone medical conditions, or have one of the listed qualifying diagnoses combined with one of the listed qualifying symptoms.
The stand-alone medical conditions are:
The qualifying diagnoses are:
The qualifying symptoms are:
The patient must give the printed Written Certification form for the diagnosing health provider to fill up and sign. Qualified for this are New Hampshire State-licensed physicians, physician assistants, and advanced practice registered nurses registered actively with the U.S. Drug Enforcement Administration (DEA) to prescribe human medication. Such health providers licensed in the States of Massachusetts, Maine, or Vermont are likewise qualified.
The patient must also print and fill up the Patient Application. If the Minor Patient Application is applicable, it must be accompanied by the Guardianship Application or Caregiver Application. An adult patient is also allowed to assign a caregiver. The relevant application forms must be mailed to the TCP along with the physician’s Written Certification, the $50 patient fee in a check or money order payable to the “Treasurer-State of NH,” and a copy of the patient’s and/or caregiver’s proof of state residency. The mailing address is:
*DHHS–TCP *
29 Hazen Drive
*Concord, NH 03301 *
The application packet may also be put into the dropbox fronting the TCP building, or the dropbox in the reception lobby.
If the application is incomplete, the applicant will be notified within 10 days. If it is complete, processing takes about three weeks.
Further information may be requested from the following:
Therapeutic Cannabis Program
Email: TCP@dhhs.nh.gov
Phone: 603-271-9333 (Main Line)
*Alternate Phone: 603-271-9255 *
Fax: 603-271-8134
There is no mention of taxes on medical cannabis in the State of New Hampshire’s RSA 126-X and Code of Administrative Rules Chapter He-C 400. Hence, even if there is an ATC medical cannabis dispensary in Strafford County, and the TCP 2020 Data Report showed that there were 962 registered patients in the county, there was no impact on the county’s economy.
Medical cannabis was legalized in the State of New Hampshire, including Strafford County, in 2013.
Data on the Crime Explorer page of the FBI shows that in 2012, a year before the legalization of medical cannabis, there were 2,341 marijuana possession arrests and 405 marijuana sales arrests statewide, totaling 2,746 marijuana offense arrests.
In 2014, a year after the legalization of medical cannabis, there were 3,243 marijuana possession arrests and 963 marijuana sales arrests, totaling 4,206 marijuana offense arrests in the state.
In 2018, there were 2,369 marijuana possession arrests and 212 marijuana sales arrests, totaling 2,581 marijuana offense arrests across the state.
In 2021, the latest available data showed 1,120 marijuana possession arrests and 123 marijuana sales arrests in the state, totaling 1,243 marijuana offense arrests.
The number of DUI arrests during those years was as follows: