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Medical Marijuana: Introduction

Reviewed 1/16/2019

 Medical Marijuana

Introduction

In 2013, the New Hampshire legislature passed RSA 126-X, legalizing marijuana for medicinal purposes.  The law is very narrow in its coverage and applies only to carefully defined “qualifying patients” who are suffering from a “qualifying medical condition” and possess a “registry identification card” to prove it.  Marijuana grown for use in this program must come from an “alternative treatment center”.   Since passage of the law, the New Hampshire Department of Health and Human Services has been setting up the components of the system under which this program operates.   

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. 

 

Disclaimer

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.