Protection for Out of State Medical Marijuana Patients

As of September of 2015 NH law provides limited protection for medical marijuana patients who are not NH residents, but travel through, or to New Hampshire.

RSA 126-X:2 prohibits the arrest and prosecution of “qualifying patients” who possess two ounces or less of useable cannabis.

To be a “qualifying patient” a person must either be a New Hampshire resident who has a valid card issued pursuant to RSA 126-X:4, or he must be a patient with a valid registry identification card, or its equivalent, issue by another state, district, territory, or commonwealth. He must also have, in his possession, a statement from his provider stating he has a qualified medical condition recognized by New Hampshire law.

RSA 126-X:1(IX) lists various qualifying medical conditions. These include cancer, glaucoma, various terminal conditions, and some debilitating injuries. PTSD is not a listed qualifying medical condition in New Hampshire even though it is a medical condition that qualifies in many other states.

If you are a medical marijuana patient from out of state traveling to or through New Hampshire you should: (1) bring a copy of your valid identification card; (2) bring a statement form your health care provider specifically listing your qualifying condition (make sure it is a condition recognized in New Hampshire by clicking this link); (3) make sure you possess less than two ounces; and (4) make sure not to use your cannabis for any reason other than treating your qualified condition.


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