Drug offenses can most generally be divided into two general categories: possession and more serious drug offenses such as distribution, sales, or manufacturing. The penalty statute for drug offenses is defined under New Hampshire criminal law in RSA 318:B-26. Generally, the penalty involved will depend on the nature of the drug, whether the act was possession or a more serious offense, whether the defendant has a prior drug offense conviction, and the quantity involved.
Unlike many other states, New Hampshire has not decriminalized marijuana. New Hampshire has passed a law allowing for medical marijuana, but it has not allowed people with a valid prescription to grow it at home and as of now there are no dispensaries set up in the State.
Having a drug offense of any type can negatively impact a student’s eligibility for federally subsidized loans. It is therefore important to consult an experienced New Hampshire criminal lawyer before pleading guilty to even a seemingly minor drug charge.
Another seemingly minor drug offense that should be taken very serious is possession of a controlled drug in a motor vehicle, which is defined in RSA 265-A:43. This offense results in a mandatory loss of license and is a predicate offense for habitual offender.
Have you or someone you love been charged with a drug offense? The criminal defense attorneys at Cohen & Winters can help — contact us today for a free consultation.