Drug Possession New Hampshire
The Law Office of Paul J. Garrity has helped hundreds of clients facing drug charges & possession in Nashua NH and Manchester NH Areas. Call 603-434-4106.
New Hampshire Marijuana Possession Laws
Any amount is a misdemeanor punishable up to one year in jail and a fine of up to $2,000.00. A conviction can also possibly lead to a license revocation in some cases and can have an impact on eligibility for college financial aid or loans.
Drug Sales or Cultivation
- Less than 1 oz (first offense) felony 3 years $25,000
- 1 oz to 5 lbs (first offense) felony 7 years $100,000
- 5 lbs or more (first offense) felony 20 years $300,000
- Within 1,000 feet of school (first offense) is a felony and fines.
- Paraphernalia possession or sale misdemeanor 1 year $2,000 Persons aged 15 to 18 convicted of possession or use may receive driver's license suspension for 90 days to 1 year.
- Persons aged 15 to 18 convicted of possession with intent to sell may receive driver's license suspension for 1 to 5 years.
- Persons over 18 convicted of possession with intent to sell may receive driver's license suspension for up to life.
- Possession of any amount of marijuana is a misdemeanor and is punishable by up to one year in jail and a fine up to $2,000.
Manufacture or distribution of less than one ounce of marijuana is punishable by up to three years in prison and a fine up to $25,000. For one ounce or more the penalty increases to a possible seven years in prison and fine up to $100,000. Manufacture or distribution of five pounds or more is punishable by up to 20 years in prison and a fine up to $300,000.
Penalties for sale or distribution within 1,000 feet of a school are up to two times the possible prison term and fine.
Upon conviction of a person aged 15 - 18 years for possession with intent to sell, an additional penalty of 1 - 5 year driver's license suspension may be imposed. For persons aged 15 - 18 years convicted of possession or use, the offender's driver's license is suspended for 90 days - one year. For persons over eighteen years of age convicted of possession with intent to sell, the driver's license suspension may be for as long as life.
Sale or manufacture of paraphernalia is a misdemeanor, punishable by up to one year in jail and a fine up to $2,000.
Marijuana Possession - Federal Laws
Any amount (first offense) misdemeanor 1 year $1,000
Any amount (second offense) misdemeanor 15 days MMS* $2,500
Any amount (subsequent offense) misdemeanor or felony 90 days MMS* - 3 years $5,000
*Mandatory minimum sentence.
Sale or Cultivation
Less than 50 kg - felony 5 years $250,000
50 to 100 kg - felony 20 years $1,000,000
100 to 1,000 kg - felony 5 - 40 years $2,000,000
1000 kg or more felony 10 years - life $4,000,000
To a minor felony double penalty double penalty
Within 1,000 feet of a school, or other specified areas is a felony and the fines.
Paraphernalia sale felony 3 years none
Possession of marijuana is punishable by up to one year in jail and a minimum fine of $1,000 for a first conviction. For a second conviction, the penalties increase to a 15-day mandatory minimum sentence with a maximum of two years in prison and a fine of up to $2,500. Subsequent convictions carry a 90-day mandatory minimum sentence and a maximum of up to three years in prison and a fine of up to $5,000.
Distribution of a small amount of marijuana, for no remuneration, is treated as possession. Manufacture or distribution of less than 50 kilograms of marijuana is punishable by up to five years in prison and a fine of up to $250,000. For 50 kilograms or more the penalty increases to a possible 20 years in prison and a fine of up to $1,000,000. Manufacture or distribution of 100 kilograms or more carries a penalty of 5 - 40 years in prison and a fine of up to $2,000,000. For 1000 kilograms or more, the penalty increases to 10 years - life in prison and a fine of up to $4,000,000.
Distribution of greater than 5 grams of marijuana to a minor under the age of 21 doubles the possible penalties. Distribution within 1,000 feet of a school, playground, public housing or within 100 feet of a youth center, public pool or video arcade also doubles the possible penalties.
The sale of paraphernalia is punishable by up to three years in prison.
The sentence of death can be carried out on a defendant who has been found guilty of manufacturing, importing or distributing a controlled substance if the act was committed as part of a continuing criminal enterprise – but only if the defendant is (1) the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders, and (2) the quantity of the controlled substance is 60,000 kilograms or more of a mixture or substance containing a detectable amount of marijuana, or 60,000 or more marijuana plants, or the if the enterprise received more than $20 million in gross receipts during any 12-month period of its existence.
*Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.
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