New Hampshire Cannabis License Guidelines

New Hampshire Therapeutic Cannabis Program

Licensing and Enforcement Criteria

The Therapeutic Cannabis Program (TCP) maintains a confidential registry of qualifying patients, their caregivers, and their certifying medical providers. The program processes applications and issues cannabis registry ID cards to eligible patients and caregivers. The registry ID cards allow cardholders to purchase therapeutic cannabis from one of the state’s licensed Alternative Treatment Centers (ATCs). The ATCs are independently operated, not-for-profit entities responsible for the cultivation, production, and dispensing of therapeutic cannabis to qualifying patients in New Hampshire. The program regulates the ATCs for safety, quality, and compliance with all applicable laws and regulations.

An alternative treatment center shall be operated on a not-for-profit basis for the benefit of its patients. An alternative treatment center need not be recognized as a tax-exempt organization by the Internal Revenue Service.

If the property of an alternative treatment center is exempt from taxation under RSA 72:23, the alternative treatment center shall make payments in lieu of property taxes to the municipality in which it is located in the amount that the buildings and land would have been subject to property taxes if they had been owned by a non-exempt owner. Such payments shall be made at the times and in the manner prescribed for ad valorem property taxes.

An alternative treatment center shall not be located in a residential district or within pre-existing designated drug free school zones.

New Hampshire Cannabis Law & Compliance

Several laws and ordinances regulate the New Hampshire medical cannabis industry, as well as the many different steps in the supply chain. These laws range over dispositions for cultivators, manufacturers, distributors and retail dispensaries. The most recent news can be found on these websites:

FAQs

What is the fee for each ATC selected as part of the RFA process?

Each ATC selected as part of the RFA process shall provide to the department the fee of $20,000 in accordance with He-C 402.04(g)(2) within 10 days of the department’s notice that the entity has been selected. Failure to provide the fee within the required timeframe shall result in forfeiture of the selection and shall prevent the entity from submitting an application.

With cannabis becoming more legal in New Hampshire can anyone cultivate cannabis for personal use?

Only an ATC is permitted to cultivate cannabis. All phases of the cultivation of cannabis shall take place in designated, locked, indoor, limited access areas that are monitored by a surveillance camera system.

Are cannabis infused products (CIP) considered food products for the purpose of licensing and food safety procedures?

CIP shall not be considered food and CIP production facilities shall not be considered food service establishments for the purpose of food service licensure.

  • All ingredients of edible CIP shall be of food-grade quality.
  • All edible CIP shall be prepared, handled, and stored in compliance with the sanitation requirements
  • Production of CIP shall take place in a designated and separate limited access area of the registered premises

How far must an ATC be from a designated drug-free zone?

No ATC can be placed within 1320 feet at any point of a drug-free zone.

What fees are associated with the licensing of an ATC?

  • The request for application (RFA) submission fee shall be $3000;
  • The RFA selection fee, which will be credited to the new ATC as part of the allocation described in the FAQ above, shall be $20,000;
  • For a change in name, the fee shall be $250;
  • For a change in administrator, the fee shall be $250; and
  • For a change in location, the fee shall be $30,000.

New Hampshire Cannabis License Types

Alternative Treatment Center

Only an ATC that is currently registered by the department and has been issued a registration certificate may cultivate and dispense cannabis or CIP to qualifying patients and designated caregivers who have been issued a registry identification card from the department.  However, an entity that has been issued a conditional registration certificate in accordance with the law may perform all operations described in He-C 402 appropriate for that location, in anticipation that the entity will become fully operational.

As stated above only ATC’s may cultivate cannabis so any cultivation license falls under the ATC umbrella license.

Independent Laboratory Testing

Only testing facilities located in New Hampshire and licensed under RSA 151 and He-P 808 can be used by licensed ATC facilities.    

No transportation licenses are required because the ATC has strict guidelines it must follow for the safe transportation of cannabis between licensed testing laboratories, cannabis waste disposal facilities, and Alternative Treatment Centers themselves.

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