New Hampshire’s 2026 legislative session got off to a good start this week with successful votes in both chambers. First, the House voted to approve two bills, including a very good adult-use legalization bill. Then, the Senate voted to allow introduction of three new cannabis policy bills that had been in legislative limbo.
The legalization bill, HB 186, passed Wednesday in a 208-135 vote. Sponsored by Rep. Jared Sullivan, it had previously been retained by the House in 2025. The Commerce and Consumer Affairs Committee voted to recommend it in a 10-7 vote last September.
Here are a few of the bill’s key provisions:
- It would legalize possession of up to two ounces of cannabis for adults 21 and older and up to 6 plants (3 mature) for each adult.
- Cannabis production and sale would be regulated by an independent Cannabis Commission, and sales would be subjected to the Rooms and Meals Tax (currently 8.5%).
- Registered patients would be exempt from the tax.
- The bill envisions a thoughtful transition process for the Therapeutic Cannabis Program to ensure that patients and ATCs are not left behind in the wake of adult-use legalization.
- The new Cannabis Commission would ultimately regulate both therapeutic and adult-use cannabis.
Unfortunately, the bill is very unlikely to become law in 2026 due to opposition from the governor’s office. However, it’s encouraging to see the session begin with such a strong vote from the House.
ATC Business Structure Bill
The House also passed HB 54, which would allow alternative treatment centers (ATCs) to restructure and operate as for-profit entities. Sponsored by Rep. Wendy Thomas, this bill was retained in 2025, and it received unanimous (25-0) support in the House Finance Committee last fall. It was included in the House’s “consent calendar” this week (which means nobody wanted to argue against it), and it passed in a voice vote.
This bill is important because requiring ATCs to be organized as non-profits has contributed to higher operating costs, resulting in higher prices for patients. The federal government does not recognize cannabis businesses as non-profits, so it has never made sense to require non-profit status at the state level. If HB 54 becomes law, ATCs will finally be able to convert to a more appropriate business structure.
Here are a few more reasons why this is important:
- Since nobody owns the ATCs, they can’t offer equity to potential investors – instead, ATCs have had to rely on high-interest loans to raise capital, and we’ve had no choice but to pass some of these increased costs along to patients in the form of higher prices.
- Unlike cannabis businesses in other states, ATCs are unable to reward or incentivize team members with equity in the business. ATC directors, managers, and staff do not currently have any stake in the future of these businesses.
- N.H. is the only state that still requires medical cannabis businesses to be stand-alone non-profits. Other states dropped this requirement after realizing it was creating unnecessary obstacles and contributing to higher costs.
Next, HB 54 will proceed to the Senate for further consideration.
New Senate Bills Introduced
The state Senate also convened on Wednesday and voted to allow the introduction of three new cannabis bills. These bills had previously been in limbo due to conflicting interpretations of a Senate rule, but the Senate voted to waive the rule, allowing them to be introduced:
- SB 650 (Rochefort) would would enable ATCs to purchase CBD and other non-intoxicating cannabinoids from hemp companies. These cannabinoids would have to be independently lab-tested in NH before ATCs could use them in products.
- SB 468 (Pearl) would allow each ATC to operate one greenhouse, subject to regulations and restrictions. (Currently, ATCs are required to grow only indoors, which is the most expensive way to grow cannabis.)
- HB 651 (Fenton) would legalize and regulate adult-use cannabis.
These bills will be scheduled for public hearings sometime in the coming weeks. Additionally, several other cannabis-related bills have already been introduced in the Senate:
- SB 400 (Gannon) would change a general requirement for the Therapeutic Cannabis Medical Oversight Board (TCMOB) to an onerous and annual requirement, requiring them to review evidence for all qualifying medical conditions on an annual basis.
- SB 461 (Fenton) would clarify the definition of hemp, limiting “total THC concentration” to .3%, and including “tetrahydrocannabolic acid,” bringing these aspects of N.H. hemp policy into better alignment with the new federal policy.
- SB 462 (Murphy) would attempt to establish a modest state-level second amendment protection for registered patients.
- SB 479 (Innis) would allow alternative treatment centers (ATCs) to operate as for-profit entities (identical to HB 54).
- SB 485 (Lang) would authorize the Liquor Commission to regulate the sale of hemp-derived THC products, which would be limited to 15mg of THC per serving
- SB 624 (Gannon) would modify current law prohibiting the possession and sale of hemp-derived products containing more than .3% THC, establishing an enforcement mechanism through the Liquor Commission and creating penalties.
New House Bills
Additionally, three new cannabis-related bills have been introduced in the House, and one has been scheduled for a public hearing on Wednesday, January 14:
- HB 1235 (Sullivan) would legalize possession of up to 2.5 ounces of cannabis and 10 grams of cannabis concentrates.
- HB 1446 (Mannion) would attempt to establish robust state-level second amendment protections for registered patients. Public hearing scheduled Wednesday, 1/14, at Noon in Room 159 of Granite Place (where committees are meeting this session while renovations are taking place at the Legislative Office building).
- CACR 19 (Wheeler) would establish a Constitutional right to possess modest amounts of cannabis for personal use.
- In New Hampshire, a Constitutional Amendment question is placed on the ballot if the House and Senate both approve it by more than 60% (there is no opportunity for the governor to veto). If it makes the ballot, the Amendment would need to pass with more than two-thirds support from voters in the November 2026 election.
So far, only one of these bills (HB 1446, see above) has been scheduled for a public hearing, but they will all receive hearings sometime between now and early March. We will be sure to keep you posted when major developments are announced!
