Is THCA legal in New Hampshire? New Hampshire hemp and kratom laws

The law in New Hampshire

New Hampshire's hemp law is short. RSA chapter 439-A, in force from July 30, 2019, was written so that farmers could use the opening of the federal 2018 farm bill: it defines hemp, defines CBD as a phytocannabinoid extracted from hemp plants, and says hemp is an agricultural product that may be grown as a crop. It has no licensing system for hemp product makers or sellers, and we found no other New Hampshire statute that requires one to sell CBD.

What the chapter does instead is draw a line on THC. Today hemp means the plant and its parts with no more than 0.3 percent delta-9 THC on a dry weight basis. On January 1, 2027, SB 624, approved on July 2, 2026 as chapter 275 of the 2026 session laws, replaces that with the federal-style wording: the plant, its seeds and all its derivatives, extracts, cannabinoids, isomers, acids and salts, with a total THC concentration, THCA included, of no more than 0.3 percent.

1. July 30, 2019RSA chapter 439-A takes effect, defining hemp at 0.3 percent delta-9 THC.
2. October 7, 2023RSA 439-A:4 takes effect: the hemp chapter does not authorize hemp products over 0.3 percent THC, delta-8 included.
3. May 21, 2026The Senate declines to concur with the House version of SB 557, the synthetic kratom bill.
4. July 2, 2026The governor approves SB 624, 2026 chapter 275: total THC, THCA, a ban over 0.3 percent and age 21, from January 1, 2027.
5. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

THCA and delta-8

RSA 439-A:4, added in 2023 and in force from October 7, 2023, says nothing in the hemp chapter authorizes the sale of hemp-derived products with natural or synthetic THC above 0.3 percent on a dry weight basis, in any formulation, and names delta-8 THC, delta-9 THC and any other THC isomer. The section does not say how THC is to be measured for that purpose or set a penalty of its own.

THCA is the gap in today's text. Until January 1, 2027, the definition of hemp counts delta-9 THC only and section 439-A:4 does not name THCA, and we found no statute, rule, Attorney General opinion or appeals court ruling that settles whether hemp flower or a product high in THCA but low in delta-9 THC may be sold in New Hampshire before that date.

From January 1, 2027, section 439-A:4 names tetrahydrocannabinolic acid alongside delta-8 and delta-9 THC and adds a plain sentence: such products are prohibited. Together with the new definition of hemp, that puts THCA flower or extract above 0.3 percent total THC outside the law.

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Age 21 and liquor licensees

SB 624 places its age rule in the liquor law. From January 1, 2027, RSA 179:5, III bars any licensee, salesperson or other person from selling, giving away or delivering a hemp-derived product with natural or synthetic THC in any amount, including delta-8, delta-9, other isomers and THCA, to anyone under 21. Because the rule reaches THC in any amount, it covers a product well under the 0.3 percent line too.

The same act adds paragraph V to RSA 179:50, effective the same day, requiring every holder of a New Hampshire liquor license to comply with the prohibition in RSA 439-A:4. SB 624 also creates two felonies in the controlled drug act, RSA 318-B:2-f, for adulterating controlled drugs, which do not concern hemp.

CBD in food and drinks

New Hampshire has no statute on CBD in food. The Liquor Commission's Industry Circular 2018-02, revised on June 5, 2019, sets out the position of the Department of Health and Human Services Food Protection Section: under the federal Food Code, which the section's rules adopt by reference, CBD added to food or drink is a food additive, CBD oil is neither generally recognized as safe nor on the approved additive list, and so it may not be added to food under the Food Code and the state's food protection rules. The commission bars its licensees from using CBD in alcoholic beverages and in the food and drinks they serve.

Kratom, kava, amanita and spores

We found no New Hampshire statute naming kratom, mitragynine or 7-hydroxymitragynine. Senate Bill 557 of 2026 would have made synthetic and semisynthetic kratom illegal to prepare, make, distribute, sell, possess or advertise, with exceptions for research. The Senate passed it in March and the House passed an amended version on May 14, 2026, but on May 21 the Senate voted not to concur with the House amendment, and the docket records nothing after that.

We found no New Hampshire statute naming kava, amanita muscaria or its compounds, or mushroom spores.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.