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Medical Marijuana

Reviewed 07/01/2021

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Introduction

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.