Cannabis & Marijuana Rental Rules in New Hampshire 2026
Landlord ban authority, possession and home-grow limits, medical patient housing rules, and federal Section 8 restrictions in New Hampshire.
New Hampshire is the only New England state that still bans recreational cannabis. As of 2026 the state permits medical (therapeutic) use only, run through the Department of Health and Human Services under RSA 126-X. For landlords that combination is favorable: you keep broad authority to prohibit cannabis on your property, and the statute expressly protects your no-smoking and no-cultivation policies. But medical patients hold a narrow carve-out for ingestion and vaporization, and any unit tied to federal money follows a much stricter federal rule.
This page lays out what a New Hampshire landlord can and cannot do: banning smoking, banning cultivation, drafting enforceable lease clauses, and handling the sharp conflict between NH medical law and Section 8 and public housing.
New Hampshire Cannabis Legal Status
New Hampshire is classified as Medical Cannabis Only (effective 2013). The governing statute is N.H. Rev. Stat. § 126-X (HB 573, 2013).
Landlord Authority in New Hampshire
No home cultivation. Possession of <3/4 oz decriminalized (HB 640, 2017). Medical patients limited housing protections under RSA 126-X:3.
Cannabis status in New Hampshire: medical only
New Hampshire has not legalized recreational cannabis. A 2026 legalization bill (HB 186) cleared the House but died in the Senate, leaving the state's medical-only framework intact. Adult-use sale and cultivation remain criminal.
The one relaxation is decriminalization: possessing three-quarters of an ounce (0.75 oz) or less is a civil violation under RSA 318-B:2-c, not a crime. Anything above that, plus sale and cultivation, is still a criminal offense.
Medical patients registered with the DHHS Therapeutic Cannabis Program may possess up to two ounces of usable cannabis and buy from licensed Alternative Treatment Centers (there are no adult-use retail shops). New Hampshire's medical program does not authorize patient home cultivation, so a tenant growing plants has no state protection regardless of your lease.
Your authority to ban smoking and cultivation
New Hampshire law is unusually landlord-friendly here. RSA 126-X:3 states that a tenant shall not allow a qualifying patient to smoke cannabis on rented property if smoking violates the lease or the lessor's rental policies that apply to all tenants. In plain terms: a valid no-smoking clause that covers all tenants also bars combusted cannabis, even for a registered medical patient.
The same statute protects your ground rules on growing. A tenant or a tenant's guest shall not cultivate cannabis on rented property if you have prohibited therapeutic cannabis cultivation. Because NH doesn't allow patient home-grow anyway, cultivation is the easiest activity to prohibit outright.
The one limit: RSA 126-X:3 lets a tenant permit a qualifying patient to use cannabis by ingestion (edibles) or inhalation through vaporization even when smoking is banned by the lease. Vaporization is defined as inhalation without combustion. A blanket 'no cannabis of any kind' clause is not fully enforceable against a medical patient who vapes or eats it inside their own unit.
Writing an enforceable lease clause
Draft to the distinction NH law actually draws. A precise no-smoking clause, written to apply to all tenants and all smoked substances (tobacco and cannabis alike), is your strongest tool and is expressly backed by RSA 126-X:3. Tie a lease violation to your standard cure-or-quit and eviction process.
Separately state that cultivation of cannabis is prohibited anywhere on the premises. Keep it as its own clause so it survives even if a smoking provision is ever challenged.
Do not rely on a clause that purports to ban all cannabis use including edibles or vaping by a medical patient inside the unit; that portion is not enforceable under RSA 126-X:3. Enforce on conduct you can actually control: smoke, odor migrating to other units, and plants. For a condo rental, check the association bylaws too, since a community-wide no-smoking rule typically reaches marijuana as well.
The Section 8 and public housing conflict
Everything above changes when the unit involves federal money. Cannabis is still a Schedule I controlled substance under federal law, and state legalization does not touch that. The U.S. Department of Housing and Urban Development (HUD) bars federally assisted housing, including Section 8 Housing Choice Vouchers and public housing, from admitting new residents who use cannabis, and controlled-substance use is grounds for lease termination under federal law (42 U.S.C. 13661-13662).
A New Hampshire medical card provides no defense in a federally assisted unit. HUD's smoke-free rule also prohibits combusted smoking in public housing units and common areas. If you hold a voucher tenant or operate public/assisted housing, your obligations run to the federal standard, not to RSA 126-X's medical carve-out.
Practical enforcement for NH landlords
For conventional (non-federally-assisted) rentals, use a written all-tenant no-smoking policy plus a standalone no-cultivation clause, and enforce them the same way you enforce any lease term. Because NH allows no patient home-grow, discovering plants is a clean violation.
Odor and drifting smoke are the common flashpoints in multi-unit buildings; document complaints and treat combusted cannabis exactly like combusted tobacco under your policy. If a registered patient confines use to edibles or vaporization inside their unit, RSA 126-X:3 protects that conduct, so build your policy around what the statute actually lets you restrict. When federal assistance is in the picture, apply the stricter HUD/federal rule to every applicant and tenant.
Medical Patient Housing Rules in New Hampshire
Under N.H. Rev. Stat. § 126-X (HB 573, 2013), a landlord may not refuse to rent to or evict a registered medical patient solely because of their medical-use status. However, three significant carve-outs apply:
- Federal subsidy override. Anti-discrimination protection does NOT apply to federally subsidized housing, Section 8, public housing, project-based assistance, or any program receiving federal funds. HUD PIH 2014-21 controls.
- Smoking ban still permissible. Most state medical-patient protections still allow landlords to prohibit smoking on the premises. Patients must use edibles, tinctures, or vaporizers in non-smoking settings.
- On-premises consumption limits. Some statutes restrict the protection to off-premises use only, leaving on-premises consumption subject to the lease.
Section 8 / HCV in New Hampshire, The Federal Trap
The practical impact: a tenant holding a Housing Choice Voucher who tests positive for cannabis or self-discloses use during recertification can lose their voucher in New Hampshire, regardless of any state cannabis legalization or medical card status. This is the single most common point of confusion for tenants in adult-use states.
Cannabis Rental Compliance in Major New Hampshire Cities
City-level landlord risk profiles often track cannabis-related lease enforcement. View the eviction-risk and tenant-law profile for the largest New Hampshire rental markets:
Sources & Methodology
- Federal: 21 U.S.C. § 812 (Controlled Substances Act, Schedule I); HUD Public Housing Occupancy Notice PIH 2014-21 (re-issued PIH 2017-13); Sessions Memorandum (Jan 4, 2018).
- New Hampshire cannabis statute: N.H. Rev. Stat. § 126-X (HB 573, 2013).
- Landlord ban authority: No home cultivation. Possession of <3/4 oz decriminalized (HB 640, 2017). Medical patients limited housing protections under RSA 126-X:3.
- Medical patient housing protection: Coded "Yes" for New Hampshire based on the cited statute.
Related Guides for New Hampshire Landlords
This page summarizes New Hampshire's Therapeutic Cannabis statute (RSA 126-X, including the landlord and leased-property provisions of RSA 126-X:3), the state's decriminalization statute (RSA 318-B:2-c), and the federal rules governing cannabis in HUD-assisted housing. It is general information for landlords, not legal advice. Cannabis law is changing quickly in New Hampshire; confirm current text with the NH DHHS Therapeutic Cannabis Program and consult a New Hampshire landlord-tenant attorney before acting on a specific tenancy.
Frequently Asked Questions
Can a New Hampshire landlord ban marijuana smoking in a lease?
Yes. RSA 126-X:3 provides that a tenant shall not allow smoking of cannabis on rented property if it violates the lease or the lessor's rental policies applying to all tenants. A properly written all-tenant no-smoking clause covers cannabis, even for a registered medical patient.
Is recreational marijuana legal in New Hampshire in 2026?
No. New Hampshire is the only New England state without adult-use legalization. HB 186 passed the House in early 2026 but died in the Senate. Only medical (therapeutic) use under RSA 126-X is permitted; possession of 0.75 oz or less is a civil violation, not a crime.
Can I stop a tenant from growing cannabis plants?
Yes. RSA 126-X:3 says a tenant or guest shall not cultivate cannabis on rented property if the landlord has prohibited it, and New Hampshire's medical program does not authorize patient home cultivation at all. A no-cultivation lease clause is fully enforceable.
Can a medical marijuana patient use cannabis even if my lease bans smoking?
Partly. Under RSA 126-X:3 a tenant may permit a qualifying patient to use cannabis by ingestion (edibles) or inhalation through vaporization (no combustion) even where smoking is banned. You can prohibit smoked cannabis, but a blanket ban on all use inside the unit is not enforceable against a medical patient.
Does New Hampshire medical marijuana law apply to Section 8 or public housing?
No. Cannabis remains a Schedule I substance under federal law. HUD bars federally assisted housing (Section 8 vouchers, public housing) from admitting cannabis users, and use is grounds for lease termination under 42 U.S.C. 13661-13662. A NH medical card is no defense in a federally assisted unit.
How much cannabis can a registered NH patient legally possess?
Up to two ounces of usable cannabis (plus any amount of unusable cannabis) under RSA 126-X, and no more than 2 ounces in any 10-day period. Patients buy from licensed Alternative Treatment Centers; New Hampshire has no recreational retail dispensaries.
Federal authority: 21 U.S.C. § 812; HUD PIH 2014-21. State authority: N.H. Rev. Stat. § 126-X (HB 573, 2013). Last updated October 24, 2026. For informational purposes only, not legal advice. Cannabis law is rapidly evolving and federal/state conflict creates significant compliance risk; consult a licensed New Hampshire attorney before making a lease, screening, or eviction decision involving cannabis.