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Medical Marijuana

Reviewed 12/20/2023
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Introduction ...

State or Federal Law?

In 2013, the New Hampshire legislature passed RSA 126-X, legalizing marijuana for medicinal purposes. It isn't unusual to see situations where both state and federal statutes apply and here we have the New Hampshire Controlled Drug Act, RSA 318-B:26 IX-a, and the federal Controlled Substances Act (CSA), 21 U.S.C. §811. What is unusual is to see the state and federal statutes in direct conflict with each other. RSA 318-B no longer lists marijuana as a controlled drug while the CSA still includes marijuana in the Schedule 1 list of prohibited substances meaning all marijuana use is still illegal under federal law. 

Please remember that this guide is for information purposes only and is not comprehensive.  
It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. 
NH Law About ... is not a substitute for the services of an attorney.