RSA Chapter 439-A — Hemp

Title XL — Agriculture, Horticulture and Animal Husbandry

Current through the 2025 Regular Session of the New Hampshire General Court.

Title XL Agriculture, Horticulture and Animal Husbandry

RSA 439-A:1 Purpose

The intent of this chapter is to define hemp so that farmers and other businesses in the New Hampshire agricultural industry can take advantage of this market opportunity afforded by the passage of the Agricultural Improvement Act of 2018.

Source. 2019, 306:2, eff. July 30, 2019.

RSA 439-A:2 Definitions

In this chapter:

I. "Cannabidiol" or "CBD" is a phytocannabinoid extracted from hemp plants.

II. "Commissioner" means the commissioner of the department of agriculture, markets, and food.

III. "Department" means the department of agriculture, markets, and food.

IV. "Hemp products" means all products made from hemp, including cloth, cordage, fiber, food, fuel, paint, paper, construction materials, plastics, seed, seed meal, seed oil, and certified seed for cultivation.

[Paragraph V effective until January 1, 2027; see also paragraph V set out below.]

V. "Hemp" means the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration (THC) of not more than 0.3 percent on a dry weight basis.

[Paragraph V effective January 1, 2027; see also paragraph V set out above.]

V. "Hemp" means the plant Cannabis sativa L. and any part of the plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent on a dry weight basis.

Source. 2019, 306:2, eff. July 30, 2019. 2026, 275:1, eff. Jan. 1, 2027.

RSA 439-A:3 Hemp Permitted

Hemp is an agricultural product which may be grown as a crop.

Source. 2019, 306:2, eff. July 30, 2019. 2021, 206:2, Pt. X, Sec. 2, eff. Aug. 10, 2021.

RSA 439-A:4 Hemp-Derived Products Containing THC Prohibited

Nothing in this chapter shall be construed to authorize the sale of products that are derived from hemp which contain natural or synthetic tetrahydrocannabinol (THC) greater than 0.3 percent on a dry weight basis, which appear in any formulation, including delta-8 THC, delta-9 THC, or any other THC isomer variant.

Source. 2023, 237:6, eff. Oct. 7, 2023.

RSA 439-A:4 Hemp-Derived Products Containing THC Prohibited

Nothing in this chapter shall be construed to authorize the sale of products that are derived from hemp which contain natural or synthetic tetrahydrocannabinol (THC) greater than 0.3 percent on a dry weight basis, which appear in any formulation, including delta-8 THC, delta-9 THC, tetrahydrocannabinolic acid (THCA), or any other THC isomer variant. Such products are prohibited.

Source. 2023, 237:6, eff. Oct. 7, 2023. 2026, 275:2, eff. Jan. 1, 2027.