Is CBD oil legal in New Hampshire?
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- What is CBD?
- Why is CBD sometimes illegal?
- New Hampshire CBD laws
- Where to buy CBD in New Hampshire
- How to read CBD labels and packaging
With the exception of its medical marijuana program, the state of New Hampshire has not provided clear or explicit directions on the legal status of cannabidiol (CBD). Instead, the state has largely deferred to federal guidelines. As a result, the changes introduced by the 2018 Farm Bill have made CBD oil and other CBD products increasingly accessible in New Hampshire.
Currently, it is fairly easy to find CBD products in the state, but New Hampshire authorities recently advised businesses that CBD and CBD oil are not allowed to be used as an additive in foods and drinks.
What is CBD?
CBD is a non-intoxicating cannabinoid found in cannabis. After tetrahydrocannabinol (THC), cannabidiol (CBD) is the second-most abundant cannabinoid in the plant, and has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressant properties. CBD can be sourced from both marijuana plants and hemp plants, which are legal in most countries as they contain minuscule amounts of THC.
CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps
Combine THC and CBD to fully employ the entourage effect; THC and CBD work hand-in-hand to amplify each others’ effects.
Why is CBD sometimes illegal?
Even though hemp plants typically don’t produce enough of the cannabinoid THC to cause intoxication, all types of cannabis, including hemp, were considered illegal under the 1970 Federal Controlled Substances Act. The legislation swept all cannabis into the Schedule I category, which defined cannabis as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.
The Hemp Farming Act of 2018 legalized hemp cultivation and created a pathway to remove industrial hemp from Schedule I status by creating a legal divide: Hemp is cannabis that contains less than .3% THC by weight, and marijuana is cannabis that contains more than .3% THC. Hemp-derived CBD was thus descheduled from the Controlled Substances Act by the bill, but CBD that is derived from the marijuana plant is still considered federally illegal because marijuana is still categorized as a Schedule I substance. While hemp is now considered an agricultural commodity, it still must be produced and sold under regulations that implement the bill.
The Farm Bill also gave the US Food and Drug Administration (FDA) the authority to regulate CBD’s labeling, therapeutic claims, and its use as a food additive. Despite the passage of the 2018 Hemp Farming Bill, the FDA has taken the stance that even hemp-derived CBD may not be added to food and beverages, nor marketed as dietary supplements. While the FDA has begun a process of reevaluating its stance on such CBD products, it has yet to revise its rules or specifically regulate CBD products, leading to further confusion. The FDA has been strict when it comes to health claims and content that could be construed as medical advice about CBD, and has released guidelines for vendors and manufacturers to follow regarding the production and sale of hemp-derived CBD.
CBD oil usually comes with a dropper to allow consumers and patients to measure out their dose. Photo by: Gina Coleman/Weedmaps
The federal legislation thus still highly regulates the production and sale of hemp, and its cannabinoids, including CBD. The Hemp Farming Bill also allows states to regulate and even prohibit CBD cultivation and commerce. In addition, states may regulate CBD in foods, beverages, dietary supplements, and cosmetic products independently of the FDA finalizing its views on such products.
New Hampshire CBD laws
Cannabis laws in New Hampshire are somewhat rudimentary. Recreational cannabis is illegal, and the state has a legal medical marijuana program. But beyond that, New Hampshire lawmakers have opted to defer to federal policy when it comes to CBD products.
In particular, authorities in the state look to the 2018 Hemp Farming Bill to set the tone for all rules related to hemp, as well as hemp-derived CBD oil and other CBD products. That means that products derived from hemp plants containing less than .3% THC are technically legal to sell, possess, and use in the state.
In the wake of the 2018 Hemp Farming Bill going into effect, hemp-derived CBD became widely available throughout New Hampshire. This included an array of CBD products, including CBD oil, drinks, and food.
The rapid growth of CBD in New Hampshire eventually prompted authorities to clarify one key point of CBD-related law. In June 2019, the New Hampshire Liquor Commission circulated a statement about the use of CBD in foods and drinks. In it, authorities reminded business owners that New Hampshire must follow federal laws when it comes to CBD. Specifically, the statement said that because the FDA has not yet allowed CBD to be used as a food additive, businesses in New Hampshire are not allowed to sell CBD-infused foods or drinks.
Following the publication of the Liquor Commission’s statement, many businesses in New Hampshire voluntarily removed from their shelves any food or beverages containing hemp-derived CBD as an additive.
CBD is not allowed as a food additive in New Hampshire. Photo by: Gina Coleman/Weedmaps
At this point, CBD forbidden to be used as a food additive is the only detail clarified by state authorities. Other hemp-derived CBD products remain widely available, including CBD oil. According to a statement in June 2019, local authorities clarified that the FDA’s standards on food additives did not apply to CBD oil or CBD-infused creams, adding that they could still be legally sold in local stores. While it might be harder to find CBD edibles and beverages being sold in New Hampshire, it is still relatively easy to find CBD oil and a number of other CBD products.
New Hampshire CBD possession limits
Because the state has not explicitly defined the legal status of CBD, there are no limits on how much hemp-derived CBD a person can purchase or possess.
The only clear limits are in the medical marijuana program. Patients with a qualifying health condition and a medical marijuana card are allowed to purchase, possess, and consume cannabis products that contain both CBD and THC. Under New Hampshire law, medical marijuana patients are allowed to possess up to 2 ounces, or 56.7 grams, of medical marijuana, including CBD products, at any given time.
Where to buy CBD in New Hampshire
You can buy CBD oil and other CBD products both online and at numerous retailers — but remember that shops continuing to sell CBD-infused food and beverages are doing so against the state’s most recent advisory. Businesses selling CBD products in New Hampshire include convenience stores, health food stores, restaurants, cafes, and a large number of CBD-specific retailers.
When it comes to online sales, CBD is most frequently found on brand-specific websites. Find out more about where to buy CBD oil on Weedmaps.
When purchasing from a brick and mortar shop, especially if it’s a CBD specialist, you can typically get in-person help and expertise from an employee. Explain what you’re looking for and your reasons for consuming CBD and they can point you in the right direction.
How to read CBD labels and packaging
Most reputable CBD producers will typically include the following information on their CBD product labels:
- Amount of active CBD per serving.
- Supplement Fact panel, including other ingredients.
- Net weight or volume.
- Manufacturer or distributor name.
- Suggested use.
- Full-spectrum, broad-spectrum, or isolate.
- Batch or date code.
One of the most important things to pay attention to is whether a CBD product is labeled as full-spectrum, broad-spectrum, or isolate.
One of the most important things to pay attention to is a CBD product labeled as full-spectrum, broad-spectrum, or isolate. Photo by: Gina Coleman/Weedmaps
Full-spectrum means that the CBD has been extracted from a hemp plant along with all other chemicals in the plant, including terpenes and whatever trace amounts of THC the plant may have produced. Consuming full-spectrum CBD may yield better results thanks to the entourage effect, a phenomenon in which the entire mixture of cannabinoids and terpenes work together and complement one another inside the body.
Broad-spectrum means that the product contains CBD and terpenes, but has undergone additional processes to strip out any THC.
Finally, isolate is a product that has gone through more intensive processing to remove all compounds except for CBD. Consuming isolate may produce different effects than full-spectrum or broad-spectrum CBD, as these products do not produce the entourage effect.
Is CBD oil legal in New Hampshire? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? New Hampshire CBD laws
CBD Oil in New Hampshire: Laws, Popularity and Where to Buy
Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.
A Guide to CBD Oil in New Hampshire
- New Hampshire CBD laws are ambiguous at best.
- Despite confusion, residents are enjoying a variety of CBD products.
- You can easily order CBD online and have it delivered to your door in New Hampshire.
- The state is just as ambiguous about hemp as it is about CBD.
- In New Hampshire, establishments cannot sell alcohol with CBD added.
Is CBD Oil Legal in New Hampshire?
Out of all the states, New Hampshire’s relationship with cannabis law is one of the most confusing. It seems that most residents are in favor of more relaxed legislation, but lawmakers are strongly against it.
You can find CBD just about anywhere, including most retail locations. There are even vape stores that sell CBD, and specialty shops where you can find it in all forms. People are enjoying abundant access to CBD oils, gummies, creams and novelties. However, no one really knows if they are actually legal.
The Granite State appears to defer to the U.S. Food and Drug Administration regarding CBD, though it is difficult to find documents that directly take a stance on the subject. The federal administration uses vague language to assert that CBD is not approved for certain uses. It has specified that it will not pursue enforcement in every case, and acknowledges that more research is necessary before full regulation can take place.
The 2018 Farm Bill legally separated hemp from marijuana, defining the former as containing 0.3 percent THC or less. The bill allows growers to produce hemp and process its derivatives for commercial use, but some states are still basing their legislation on the old definitions, which did not distinguish between mairjuana and hemp.
Are There CBD Laws in New Hampshire?
In New Hampshire, the only authority to have officially weighed in on CBD is the New Hampshire Liquor Commission (NHLC). The agency released a statement in June 2019 indicating that CBD is not permitted in alcoholic beverages. This is in line with federal guidance from the FDA, but the NHLC cites an old U.S. Drug Enforcement Agency document from 2017 defining CBD as marijuana (before the new definition of hemp was released).
New Hampshire offers no regulation regarding the sale of CBD, and there are no documents to be found indicating that it is illegal. But the state does take a hard line against marijuana products, and some sectors of the state government appear to still be confused about how hemp differs from marijuana.
CBD in New Hampshire: Understanding Different Types of CBD Products
If you want a product that offers a lot of versatility, CBD oil is ideal. This is the original format for almost all CBD products on the market. Penguin’s CBD oils come in four delicious flavors, and we also carry an unflavored option for our purist customers. Simply hold the oil under your tongue for a minute or two, then swallow. Or you can add the oil to your coffee, tea or favorite recipes.
Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.
If variety is not something you are looking for in your CBD, and you just want something that offers flexibility, then Penguin’s CBD capsules are going to be the best fit. You can travel with these without worrying about messy spills, and getting your daily dose takes no more thought than deciding how many 10mg gelcaps you want to take.
Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.
The best thing about CBD gummies is that they are both delicious and discreet. Pack them in your bag to help you through the day, or enjoy them as a bedtime snack. Penguin’s CBD gummies are the perfect combination of sweet and sour, and they each contain 10mg of CBD isolate. You can eat one or a handful—but you’ll be tempted to eat the whole jar!
Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.
Our luxurious CBD cream is a great way to start or end your day. It’s a perfect addition to your skincare routine. You can use Penguin’s CBD cream any time you want to pamper yourself with a satin-smooth moisturizer that smells amazing.
We start with a shea and cocoa butter base and then infuse it with our famous CBD, along with the relaxing scents of lavender and soothing peppermint, for a satisfying cream that will make you feel like you’re at the spa every time you use it.
Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.
Industrial Hemp in New Hampshire
Almost every U.S. state is currently participating in some iteration of the federal hemp-growing program. The 2014 legislation allowed states to work with growers and universities to research the current market for hemp and the region’s most effective growing methods. The 2018 Farm Bill allows states to supervise their own commercial growing plan, with USDA approval.
New Hampshire is one of the only states not participating in any program at all. The state did have a research pilot program under the 2014 legislation for a while, but it was so restrictive that few growers were able to join. It is very unclear where the state is headed next, as there have been mixed messages for the last year or so.
In June 2019 , the House passed a bill that allows growers in the state to produce hemp commercially, but specified that growers would have to register individually with the USDA. In March 2020, the University of New Hampshire (the university the state was working with on the research program) announced that the state would not be creating a state hemp program. Five days after UNH’s announcement was published, the New Hampshire House adopted HB1658 , establishing a state hemp-growing program.
Whatever is in the cards for people interested in growing hemp in New Hampshire, it will likely be mired in confusion and inconsistency. Nothing is clear yet, but we do know that it will be some time before residents of New Hampshire are able to enjoy CBD made from hemp grown and processed in their home state.
Can I Purchase CBD in New Hampshire?
If you want to buy CBD in New Hampshire, you can certainly find a place that will sell it to you. The best places in New Hampshire to make your CBD purchases are the specialty shops where you can talk to knowledgeable staff that may have put some thought into the CBD products they carry.
While it may seem counterintuitive to say that your safest option is to buy CBD online, this is the case in New Hampshire because of the lack of information and regulation in the state. Companies are taking advantage of the fact that New Hampshire residents are uninformed. Purchasing online is much safer, as you can do your research.
CBD Oil in New Hampshire
The burgeoning CBD industry has opened the door for numerous companies to operate fraudulently. They are using ingredients that may be dangerous to your health, or at the very least they are not being honest about product concentration and content.
Even the companies that are not purposefully deceptive may not invest in third-party lab testing for every batch of CBD they process, meaning that there may be large variations in their products. Some of them may not contain the amount of CBD the package indicates, and some may have a concentration of THC that is higher than the legal limits.
At Penguin CBD, we’re always completely transparent about our products, and that is one reason why we’re the top pick for reviewers and publications all over the internet. Our customers love our products and rave about how great-tasting and effective they are.
If you ever want to check on the contents of your product, we post every batch test from our independent lab verifications on the product pages. You never have to wonder what you are getting when you order from us, and we are always happy to answer any questions you have.
Final Thoughts About CBD in New Hampshire
CBD legality in New Hampshire is anybody’s guess. The state’s most recent piece of legislation regarding hemp does acknowledge that hemp is not the same thing as marijuana, and that products derived from the lower-THC plant are legal. It refers to FDA guidance on the subject, but the FDA has yet to clearly weigh in on the subject.
There is no hemp-growing program in the state … or is there? The state has been back and forth on the subject for the last year, but as of March, the New Hampshire House has adopted legislation creating a program. The bill indicates that funds are to be allocated for that program in 2021, and there is currently nothing happening on that front.
Consumers can buy CBD just about anywhere in New Hampshire, as it is in grocery stores, gas stations, vape shops and even pet stores. However, that does not mean it is safe to buy the products there, from either a legal standpoint or a health standpoint.
If you’re going to purchase CBD in New Hampshire, your best bet, for now, is to do thorough research before you buy. Shopping online is the most secure way to get your CBD, and you can get a good idea of what you should look for by visiting our website today.
Thinking about buying CBD oil in New Hampshire? Here's all the important information about its laws and regulations.