New Hampshire treats drug possession more harshly than many people expect. Under RSA 318-B:26, possessing even a small amount of a Schedule I to IV drug, including pills without a valid prescription, is a class B felony. Possession with intent to distribute is punished on a sliding scale that reaches decades in prison for larger amounts.

Attorney Kalie Lydon defends people charged with drug offenses from offices in Nashua and Portsmouth. She spent six years as the prosecuting attorney for the Hudson Police Department and has more than 20 years of practice in New Hampshire.

Schedule a Confidential Consultation

Marijuana Possession: A Violation Since 2017

Since Sept. 16, 2017, an adult who possesses 3/4 of an ounce or less of marijuana (or 5 grams or less of hashish) commits a violation under RSA 318-B:2-c, not a crime. The fine is $100 for a first or second offense and up to $300 for a third offense within 3 years. A fourth offense within 3 years, with three or more priors, is a class B misdemeanor. The fine can be waived if you complete a substance abuse assessment within 60 days.

Two limits apply. Possessing more than 3/4 of an ounce is still a misdemeanor, and New Hampshire has not legalized recreational sales. A person under 18 is handled through a delinquency petition instead.

Simple Possession of Other Drugs

Simple possession means the drugs were for your own use. RSA 318-B:26, II sets these penalties:

• Schedules I to IV (for example, heroin, fentanyl, cocaine, methamphetamine, and many prescription opioids, stimulants and sedatives): class B felony, up to 7 years and a fine up to $25,000. A later offense is a class A felony with a fine up to $50,000.
• Schedule V: up to 3 years.
• Residual amounts: misdemeanor.

A felony possession conviction follows you into job applications, housing and school. That is why the annulment rule below matters.

Possession With Intent to Distribute

Possession with intent is charged under the sale and manufacture tiers of RSA 318-B:26, I. The State usually argues intent from the quantity, the packaging, scales, cash or text messages, even if no sale was observed. The tier depends on the drug and its weight:

Because weight decides the tier, the lab's measurement can change the maximum sentence by many years.

School Zones and Other Enhancements

A sale or possession-with-intent offense in a school zone can carry double the penalty and a 1-year mandatory minimum under RSA 318-B:26, V. Separate provisions cover a drug enterprise leader (25 years to life) and distribution that results in a death (up to life).

Drug Courts in Hillsborough and Rockingham Counties

New Hampshire runs adult felony drug courts in several counties, including Hillsborough County (North and South) and Rockingham County. Drug court combines treatment, frequent court check-ins and supervision as an alternative path for eligible defendants. To be considered, you must live in the county and the offense must have happened there.

The Hillsborough County Superior Court South drug court in Nashua was named a national Mentor Treatment Court for 2022 to 2024. The District Division also runs drug and mental health programs and veterans dockets. Eligibility is decided case by case, and Attorney Lydon can tell you whether an application makes sense for you.

Common Defenses in New Hampshire Drug Cases

Every case turns on its own facts, and no defense fits every charge. These are the issues Attorney Lydon reviews first:

• Search and seizure. The New Hampshire and U.S. Constitutions limit when police can stop a car, search a home or open a bag. Evidence found in an unlawful search may be suppressed.
• Constructive possession. Drugs found in a shared car, apartment or bag do not automatically belong to everyone nearby. The State must prove you knew about them and had control over them.
• Lab testing. The State must prove what the substance is and, for the intent tiers, how much there was. Chain of custody, testing methods and weight measurements can all be questioned.
• Intent. Quantity alone does not prove a plan to sell. The State's inference from packaging, cash or phone messages can be challenged.

How Attorney Lydon Handles Drug Cases

From 2006 to 2012, Attorney Lydon served as the prosecuting attorney for the Hudson Police Department. Before that, she was an associate at Hamilton Law Offices. Her years as a prosecutor showed her how drug cases are put together: the stop or warrant, the search, the field test, the lab report and the officer's narrative.

She uses that knowledge to look for the weak points in the State's file. She explains the charge, the possible penalties and the realistic options, including drug court where it fits, in plain terms. Our office keeps you informed about court dates and what each one means.

Clearing Your Record: The 2-Year Annulment Rule

New Hampshire gives drug possession a shorter annulment wait than other felonies. A conviction for possession under RSA 318-B:26, II can be annulled 2 years after you complete your sentence, even though it is a felony (RSA 651:5, III). The standard wait for other class B felonies is 5 years.

If your charge is dismissed or ends in a not guilty verdict, it is annulled automatically 30 days later if there is no appeal. That rule covers cases ending on or after Jan. 1, 2019.

Serving Clients Throughout Southern New Hampshire

Lydon Law represents clients charged with drug offenses in Hillsborough and Rockingham Counties. Felony cases are heard at Hillsborough County Superior Court South, 30 Spring Street, Nashua, and Rockingham County Superior Court, 10 Route 125, Brentwood. Misdemeanor and violation cases go to the Circuit Court District Divisions, including the 9th Circuit in Nashua and the 10th Circuit in Portsmouth.

Speak With Attorney Lydon About Your Drug Charge

A drug charge does not have to define your future, but early decisions matter. Call Lydon Law at 603-882-3344 or request a confidential consultation online to talk through your case with Attorney Lydon.

FAQ

Is marijuana possession a crime in New Hampshire?

Possessing 3/4 of an ounce or less is a violation for adults, not a crime, under RSA 318-B:2-c (in effect since Sept. 16, 2017). The fine is $100 for a first or second offense. More than 3/4 of an ounce is a misdemeanor, and a fourth offense within 3 years can become a class B misdemeanor. Recreational sales are still not legal.

Is possession of other drugs a felony in NH?

Yes. Possessing any Schedule I to IV drug, which includes heroin, fentanyl, cocaine and many prescription pills held without a valid prescription, is a class B felony under RSA 318-B:26, II. The maximum is 7 years and a $25,000 fine. A later offense is a class A felony.

What does "intent to distribute" mean if I didn't sell anything?

The State does not have to show a completed sale. It tries to infer intent from the amount, how the drugs were packaged, and items like scales, cash or messages. If it succeeds, the case is sentenced under the sale tiers of RSA 318-B:26, I, which carry much higher maximums than simple possession.

Can I get drug court instead of jail?

Adult felony drug courts operate in Hillsborough County (North and South) and Rockingham County, among others. You must live in the county and the offense must have occurred there. Admission is not automatic. The court reviews each applicant, and the program involves treatment, frequent court appearances and supervision.

How soon can a drug possession conviction be annulled?

A possession conviction under RSA 318-B:26, II can be annulled 2 years after you complete your sentence, even if it was a felony. Other class B felonies require 5 years. Charges dismissed or ending in acquittal on or after Jan. 1, 2019 are annulled automatically 30 days later if there is no appeal.