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in New Hampshire
The ‘Live Free or Die’ state is not sure which side of the coin to choose when it comes to CBD and its products. Some groups are all out for its use whereas others oppose it. The same is the case with the law in the state at present.
Is CBD oil Legal
in New Hampshire?
CBD Oil is Legal in the State of New Hampshire. However, there are some restrictions when it comes to CBD infused food products in the state.
As the State Government has never declared CBD illegal, there is absolutely no rule that you will be breaking by using CBD Oil. Still the State could have made it easier for its residents by declaring CBD Oil to be completely Legal.
What's Legal, What's Not!
New Hampshire has been running a medical marijuana program since 2013, though only on paper for the first few years. House Bill 573 was passed way back in July 2013 which legalised the use of marijuana for therapeutic purposes for the following ailments:
- Positive status for human immunodeficiency virus,
- Acquired immune deficiency syndrome,
- Hepatitis C currently receiving antiviral treatment,
- Amyotrophic lateral sclerosis,
- Muscular dystrophy,
- Crohn’s disease,
- Agitation of Alzheimer’s disease,
- or multiple sclerosis.
RSA 126-X also created an exemption in this law to protect patients using medical cannabis from any criminal penalties if their use is in compliance with the law. The law made the New Hampshire Department of Health and Human Services responsible for registering eligible patients, issue identification cards to them as well as to their designated caregivers and provide registration certificates for four treatment centres in the state.
These treatment centers were designated with the task of cultivation of the plant, production and dissemination of the product to these qualified patients or to their caregivers.
But it took a rather painful three years and a court case before the medical marijuana program finally started in 2016 due to a lack of proper infrastructure, processing licenses, implementation of proper protocol that was meant to supervise, regulate and control the drug as per the law. HB 573 also created the Therapeutic Use of Cannabis Advisory Council whose responsibility was to issue formal opinions on the use of the program five years from its creation.
The law allowed anyone with a valid registration to carry 2 ounces of medical marijuana that they cannot purchase, gift or cultivate on their own. The first authorised dispensary though opened only in May 2016 in Plymouth after an Alstead resident sued the state.
Linda Horan took this extreme step in 2015 of suing the state as she needed treatment for her cancer and despite being legally allowed to use medical marijuana for the past 2 years due to the laxity of the state, she was unable to access medication in the form of cannabis. She won the case and was the first resident in the state to buy it. But she had to go all the way till Maine to do so. The rest of the population had to wait till 2016 for the first dispensary to open.
This medical cannabis program in the state is at present generating almost $4 million in revenue with around 5,000 registered patients. The projections for it have been pegged at $22 million for the year 2021.
In 2015, another piece of legislation called House Bill 421 was signed that authorised the University of New Hampshire, College of Life Science and Agriculture to cultivate industrial hemp for research and academic purposes.
Through HB 421, the University is allowed to conduct on-site as well as off-site research by growing industrial hemp and selectively breed it for fiber, oil as well as food. The only directive on this by the law is that the produce shall contain no more than 0.3% of tetrahydrocannabinol by concentration. They were supposed to come to a conclusion on their research within 3 years of the implementation of this legislation.
At present the results from this research are still awaited as they have not been made public. The current laws and policies on cannabis products including marijuana, hemp and CBD are very sketchy as the state machinery is playing a game of wait and watch instead of taking any concrete action to legalise CBD. They instead use the federal laws and accept that as per the DEA, CBD and its many derivatives are no longer Schedule I controlled substances. They further state that as at present there is no accepted medical use, these substances have a high potential for abuse.
This in the normal parlance means that CBD can be used by the general public but that the federal government can taketh away what they give any time. But the FDA has recently approved a cannabidiol Epidiolex on the grounds that it is beneficial and proven to be useful by the scientific community.
This makes their stand on CBD a bit shaky and very confusing for the public to understand. Nonetheless, in January 2017, DEA announced a new drug code DEA 7350 that defines both THC as well as CBD oil again under the ambit of Schedule I substances under the Controlled Substances Act. Further news and developments on this front are awaited with bated breath by us all.
The FDA too has warned consumers of purchasing and using products that contain cannabinoids including THC and CBD as the safety and effectiveness of these substances are still being checked by the FDA.
This is due to the fact that the industrial hemp is still being regulated by the FDA and is not yet cleared to be used on paper by any laws.
This is not only applicable to human use but also to animal use of CBD and any other hemp derived product in New Hampshire where the New Hampshire Board of Veterinary Medicine will be obligated to investigate in case there is a complaint registered with them that involves any treatment of an animal using any of these cannabis related substances and take necessary action.
Where to buy CBD oil
in New Hampshire
Many businesses have jumped in on this CBD bandwagon and are also keeping an eye out for any legal problems that may arise in the near future regarding its sale or possession. At present many brick and mortar shops are all over New Hampshire selling CBD in its many forms.
However, CBD usage in food products is not approved yet as per federal laws.
Some of the places where you can buy CBD oils are:
- CBD Oil - Natures Pure CBD Oil Distribution, 297 S Willow St Unit 1, Manchester, NH 03103, USA
- Sanctuary ATC, 568 Tenney Mountain Hwy, Plymouth, NH 03264, USA
- Your CBD Store - Concord, NH, 211 Loudon Rd Suite A, Concord, NH 03301, USA
- Granite State Naturals, 164 N State St, Concord, NH 03301, USA
- Love You CBD, 1130 Bennett Way, Newmarket, NH 03857, USA
- And many more.
Horrors of Buying CBD locally
The New Hampshire Department of Health and Human Services has been reminding towns and cities via public radio and other mediums that CBD is not an approved food product yet since June 2019. They are circulating the FDA regulations that states that CBD is not a permitted additive and that municipalities are supposed to follow these regulations.
Rochester became the first city to crack down on CBD retailers in its municipality who were offering it in tea and as gummies. This came as a surprise to many local businesses. Hanover followed suit and pulled down all beverages and food items with CBD from their stores. Though none of these municipal corporations have yet taken any legal action but they are threatening fines as well as legal action if businesses do not comply.
Some corporations though are resisting this and have taken out statements saying that CBD is not regulated by the state and so retailers may continue like in Vermont. But Vermont is known in the state to stand up to federal regulators in the past as well, though they advise that people should pay attention to the THC percentage and they will prosecute if the content is more than 0.3% THC. Similarly, Hanover is holding back at present till more information on the legal issue is forthcoming. Some districts are however taking a middle approach of removing gummies and melatonin with CBD while letting other things like creams, tinctures and oils to remain on the shelves until they get more information about the legality of these products.
How to get CBD Oil Online
in New Hampshire
Getting anything nowadays online is a much more convenient affair while you comfortably sit at home and the product gets delivered to your doorstep. But be aware that the laws are still in a state of flux and you might inadvertently breaking a few of them if you are not aware. Definitely check the THC content of the product you are buying and a third party certificate is a valid check on the quality of the product. Other than that you can get good deals online most of the times which makes the product much cheaper as well.
Final Thoughts on CBD Oil in New Hampshire
The laws are still being written for most things containing CBD as well as for allowing their use for people without any of the identified medical conditions in the law. Till then you can safely use CBD Oil.