Medical Marijuana in New Hampshire
In 2013, New Hampshire enacted HB 573 to create the Therapeutic Cannabis Program (“TCP”). The TCP allows qualified patients with certain debilitating medical conditions to access medical marijuana for therapeutic purposes. By 2016, the first Alternative Treatment Center (“ATC”) opened its doors.
The House reintroduced and passed HB 639 in 2022 to legalize marijuana for adults 21 and older. Unfortunately, the Senate rejected the bill for the second time after extensive floor debate about the impacts of legalization in other states from youth consumption to health-related issues. If HB 639 had passed, it would have not only legalized adult-use of marijuana, but also would have created a newly named Liquor and Cannabis Commission to be the overseeing agency responsible for issuing business licenses.
Qualifying Conditions for Medical Marijuana in in New Hampshire
Under New Hampshire law, a patient must be diagnosed with a “stand-alone” medical condition OR a combination of a qualifying diagnosis and a qualifying symptom:
Stand-alone Medical Conditions:
Autism spectrum disorder (age 21 and older & under the age of 21); Moderate or severe post-traumatic stress disorder (PTSD); Moderate to severe chronic pain; Severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects; Opioid use disorder, with associated symptoms of cravings or withdrawal (requires a provider who is actively treating the patient for opioid use disorder and who is board-certified in Addiction Medicine or Addiction Psychiatry)
Combination of a Qualifying Diagnosis & Qualifying Symptom:
Qualifying Diagnoses: Acquired immune deficiency syndrome; Alzheimer’ disease; Amyotrophic lateral sclerosis; Cancer; Chronic pancreatitis; Crohn’s disease; Ehlers-Danlos syndrome; Epilepsy; Glaucoma; Hepatitis C; Lupus; Multiple sclerosis; Muscular dystrophy; One or more injuries or conditions that has resulted in one or more qualifying symptoms; Parkinson’s disease; Positive status for human immunodeficiency virus; Spinal cord injury or disease; Traumatic brain injury; Ulcerative colitis
Qualifying Symptoms: Agitation of Alzheimer’s disease; Cachexia; Chemotherapy-induced anorexia; Constant or severe nausea; Elevated intraocular pressure; Moderate to severe insomnia; Moderate to severe vomiting; Seizures; Severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects; Severe, persistent muscle spasms; Wasting syndrome
Upcoming Applications for Medical Marijuana Business Licenses
Currently, New Hampshire is not accepting applications.
Under New Hampshire law, the only license type is the Alternative Treatment Center (“ATC”) license, which requires the enterprise to be vertically integrated. Further, the law limits the number of ATC licenses to five (5) with an additional two (2), if the Department deems it is necessary to serve the patient population. However, there are currently only three (3) licensed ATCs with only seven (7) dispensaries throughout the state.
Now is the time to prepare your competitive business plan to enter New Hampshire’s ever-flourishing medical marijuana industry! If you are interested in acquiring a New Hampshire Medical Marijuana Business License, schedule an appointment with us to discuss your options.
Last Updated: June 6th, 2023