New Hampshire

Equity Project State Briefing

Social Equity

Social Equity Definition / Criteria

New Hampshire does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Social Equity Provisions

New Hampshire does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Fee Waivers and Reductions

  • Fee Waivers / Reductions:
No

New Hampshire does not offer fee waivers or reductions to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Other Financial Support for Social Equity Applicants and Licensees

New Hampshire does not offer state-level funding to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

License Priorities and Set Asides

  • License Priorities / Set Asides:
No

New Hampshire does not offer state-level licensing priority or set-asides to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Other Licensing Provisions

License Caps

  • License Caps:
Yes

New Hampshire is a limited license state and has medical use licensing caps. No more than 4 Alternative Treatment Centers are permitted at once.

Source:

N.H. Rev. Stat. Ann. § 126-X:7. Subsection III. Departmental Administration; Alternative Treatment Centers

Application Selection Process

  • Selection System:
Merit

New Hampshire distributes medical cannabis licenses through a merit system.

Source:

N.H. Rev. Stat. Ann. § 126-X:7. Subsection I. Departmental Administration; Alternative Treatment Centers

Felony Disqualification on Ownership

  • Ownership Exclusion for Felony Convictions:
Yes
  • Exemption for Cannabis Offenses:
No

New Hampshire’s medical framework disqualifies applicants for cannabis licensure on the basis of certain convictions. An alternative treatment center shall not allow any person to be an alternative treatment agent who was convicted of a felony or felony drug-related offense. There is no carve-out protecting individuals with qualified cannabis offenses.

Source:

N.H. Rev. Stat. Ann. § 126-X:8. Subsection IV-V
N.H. Code R. He-C 402.05. Subsection (c)(12). Registration of ATCs

Employee Criminal Records

  • Conviction Restrictions for Employees:
Yes
  • Exemption for Cannabis Offenses:
No

New Hampshire’s medical use sector has restrictions disqualifying potential employees with certain convictions. An alternative treatment center shall not allow any person to be an alternative treatment employee agent who was convicted of a felony or felony drug-related offense. There is no carve-out protecting individuals with qualified cannabis offenses.

Source:

N.H. Rev. Stat. Ann. § 126-X:8. Subsection IV (a) (1)
N.H. Rev. Stat. Ann. § 126-X:1. Subsection II Definitions
N.H. Code R. He-C 402.31. Subsection (f). Personnel

Availability of Expungements

  • Expungements:
In Some Cases, Not Automatic

New Hampshire offers record cleaning remedies for certain cannabis convictions, however, this process is not automatic and requires action from the individual. Individuals with a cannabis possession conviction involving 3/4 of an ounce or less may petition the court to have their conviction annulled immediately. Certain controlled substance-related misdemeanors and felonies may also be annulled after varying amounts of time listed within the statute.

Source:

N.H. Rev. Stat. Ann. § 651:5-b. Annulment of Arrests and Convictions for Marijuana Possession
N.H. Rev. Stat. Ann. § 651:5. Annulment of Criminal Records