New “Open Container” Law Takes Effect

Legislative Update - New NH Law Takes Effect

A new law adding cannabis to New Hampshire’s “open container” statute took effect on January 1, 2025. Fortunately, therapeutic cannabis is exempt from this law.

Last year, when the N.H. Senate was considering cannabis “open container” legislation (SB 426), we did our best to inform patients and caregivers. As introduced, the bill would have made it illegal for any person to possess unsealed containers of cannabis or cannabis products in the passenger compartment of a motor vehicle.

Many patients and therapeutic cannabis advocates joined us in telling senators this would be unreasonable. The Senate Judiciary Committee responded by amending the bill to exempt therapeutic cannabis.

The bill went on to pass the Senate and House, and Gov. Chris Sununu signed it into law. Now that it has taken effect, violators are subject to a $150 fine. Violators also face a possible driver’s license suspension of “60 days for a first offense and up to one year for a second or subsequent offense.”

You can read the final version of SB 426 here.

The Therapeutic Cannabis Program (TCP) published the following advisory on its website:

Therapeutic Cannabis Exempt from New "Open Container" Cannabis Law

We hope that patients and caregivers will not be negatively impacted by enforcement of this new law.

If you have friends or family members who may qualify for therapeutic cannabis but are not registered with the TCP, you may wish to share this information with them. Fortunately, it is now easier than ever to register for the TCP, as a result of new policies enacted in 2024. The applications and forms are available here.

Legislative Session Begins Next Week

The 2025-2026 legislative session will begin next week. The newly elected House and Senate will convene on January 8, and our new governor, Kelly Ayotte, will be inaugurated on January 9.

Several favorable bills are in the pipeline to be considered, including HB 53 (home cultivation). We will share a list after all the new bills have received bill numbers.

So far, we have not seen any new bills that appear to be hostile to therapeutic cannabis patients. That is good news, but we will remain vigilant, and we will be sure to inform you of any potential threats if they appear on the horizon.

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