New Hampshire.

Information provided is current as of January 8, 2026, and companies are encouraged to consult with legal counsel on these types of complex matters.

New Hampshire - State Specific Information

New Hampshire presents a unique regulatory landscape for employers navigating cannabis policies in the workplace. While the state has legalized medical cannabis and decriminalized small amounts for personal use, it has not yet fully legalized recreational marijuana. This creates a nuanced situation where employers must balance compliance with state disability laws while maintaining workplace safety standards.

Cannabis Legalization Status in New Hampshire

Medical Cannabis Program

New Hampshire legalized medical cannabis in 2013 through House Bill 573, establishing one of New England's more conservative medical marijuana programs. The state operates its Therapeutic Cannabis Program (TCP) through the Department of Health and Human Services (DHHS).

Medical patients in New Hampshire are permitted to possess up to 2 ounces of cannabis flower within a 10-day period. This possession limit applies specifically to registered patients who have obtained their medical cards through the proper state channels.

Recreational Use: Decriminalized but Not Legal

It's crucial for employers to understand the distinction between decriminalization and full legalization. In New Hampshire, recreational cannabis remains illegal; however, possession of small amounts has been decriminalized.

For non-patients, possession of up to 3/4 ounce (approximately 21 grams) constitutes a civil violation rather than a criminal offense. This means individuals caught with small amounts face fines only—not criminal charges or potential jail time. However, this decriminalized status does not grant employees any workplace protections for recreational use.

Key Restrictions to Note

• Home cultivation is strictly prohibited for all individuals, including registered medical patients
• Cannabis products must remain in their original, sealed packaging or be locked in the vehicle's trunk during transport
• Out-of-state medical cardholders may purchase from New Hampshire "Alternative Treatment Centers" (dispensaries) up to three times per year

State Regulatory Framework

The Department of Health and Human Services (DHHS) serves as New Hampshire's primary regulatory agency for cannabis oversight. The department operates the Therapeutic Cannabis Program, which manages patient registrations, dispensary licensing, and program compliance.

Employers seeking guidance on cannabis-related matters should be aware that the state has not specified particular forms for employment-related cannabis issues. However, companies are strongly encouraged to consult with legal counsel given the complexity of these matters.

Employer Obligations and Workplace Accommodations

The Landmark Paine v. Ride-Away Decision

One of the most significant developments affecting New Hampshire employers came from the state Supreme Court's ruling in Paine v. Ride-Away. This landmark decision established that employers may be required to provide reasonable accommodations for employees who use medical cannabis off-duty under state disability laws.

This ruling fundamentally changed the landscape for New Hampshire employers and created new compliance obligations. Unlike some states where employers maintain complete discretion over cannabis policies, New Hampshire requires a more nuanced approach when dealing with medical cannabis patients.

The Interactive Process Requirement

To avoid discrimination claims, employers should engage in an interactive process with employees who are registered medical cannabis patients. This process involves:

1. Opening a dialogue with the employee about their medical needs
2. Exploring potential accommodations that don't compromise workplace safety
3. Documenting all discussions and decisions thoroughly
4. Evaluating whether the employee's position involves safety-sensitive duties

Documentation is critical. The state guidance emphasizes that establishing robust documentation serves as a key risk mitigant for employers navigating these complex situations.

Policies for Non-Medical Employees

For employees who are not registered medical cannabis patients, employers retain broader discretion. A positive THC test remains a valid basis for adverse employment action, provided the employer maintains:

• A consistently applied drug testing policy
• A written policy that clearly communicates expectations to all employees
• Uniform enforcement across similar positions and circumstances

Drug Testing Policies and Privacy Requirements

Testing Standards and Procedures

New Hampshire employers implementing drug testing programs must ensure compliance with both state regulations and, where applicable, federal guidelines. The state does not mandate specific testing procedures for private employers outside of federally regulated industries.

Safety-Sensitive Positions

New Hampshire adheres strictly to federal DOT and safety-sensitive guidelines. Employers generally maintain support for a zero-tolerance stance when positions involve:

• Commercial driving (CDL holders)
• Operation of heavy machinery
• Public safety responsibilities
• Other federally defined safety-sensitive roles

For these positions, employers can maintain strict drug-free workplace policies regardless of an employee's medical cannabis patient status.

Privacy Protections for Test Results

New Hampshire law establishes strong confidentiality requirements for drug testing information:

• Test results are considered confidential information
• Results may only be used in legal proceedings directly related to the employment action (such as unemployment hearings)
• Written consent is required before disclosing results to any third party
• Unauthorized disclosure of test results may expose employers to liability

Best Practices for New Hampshire Employers

Developing Compliant Policies

Given the complexity of New Hampshire's cannabis regulations, employers should take the following steps to ensure compliance:

1. Review and update written policies to reflect current state law and court decisions
2. Train HR personnel and managers on proper procedures for handling medical cannabis accommodations
3. Establish clear documentation protocols for all cannabis-related employment decisions
4. Differentiate between safety-sensitive and non-safety-sensitive positions in your policies
5. Consult with legal counsel before taking adverse action against medical cannabis patients

Managing Accommodation Requests

When an employee discloses their medical cannabis patient status or requests an accommodation:

• Respond promptly and professionally
• Initiate the interactive process in good faith
• Consider whether the employee's role involves safety-sensitive duties
• Explore alternatives if direct accommodation isn't feasible
• Document every step of the process

Conclusion

New Hampshire's cannabis laws create a delicate balance between protecting medical patients' rights and maintaining workplace safety. The Paine v. Ride-Away decision has established that employers cannot simply dismiss medical cannabis use without consideration, yet safety-sensitive positions remain subject to strict federal guidelines.

For employers operating in New Hampshire, success lies in developing well-documented, consistently applied policies that respect both employee rights and legitimate business interests. As cannabis laws continue to evolve, staying informed and maintaining open communication with legal counsel will be essential for navigating this complex regulatory environment.

This information is current as of January 8, 2026. Given the rapidly evolving nature of cannabis legislation, employers should regularly consult with legal counsel to ensure ongoing compliance with all applicable laws and regulations.