Marijuana Licensing and Permitting in New Hampshire

How Do I Apply For A Marijuana Cultivation License in New Hampshire?

In order to apply for a marijuana cultivation license in New Hampshire, you must first register with the Department of Health & Human Services, Division of Public Health Services’ Medical Marijuana Program. To register, you must fill out the application form and submit it to the department along with a $500 non-refundable application fee. Once your application has been approved, you must pay an additional $5,000 fee to receive your marijuana cultivation license. Depending on the type of license you are applying for, there may be additional fees and requirements. For more detailed information on the licensing process, visit the New Hampshire Department of Health & Human Services website.

What Are The Requirements For Obtaining A Marijuana Dispensary License in New Hampshire?

In New Hampshire, the application process to become a medical cannabis dispensary is outlined on the NH Medical Cannabis Program website. Generally, applicants are required to demonstrate:

1. The ability to meet the capitalization and operational requirements necessary to properly dispense medical cannabis to eligible patients

2. The capacity to meet the security requirements for a dispensary as outlined in the NH Medical Cannabis Program rules

3. A plan for correctly storing and handling medical cannabis

4. The ability to properly track patient orders and maintain accurate records as required by the NH Medical Cannabis Program rules

5. Evidence of a physical address for the dispensary

6. A plan to involve qualified professionals in the management of the dispensary, including individuals with experience in business, health care, and/or security operations

7. A completed application form and payment of a non-refundable application fee

Is There A Limit On The Number Of Marijuana Licenses Available in New Hampshire?

Yes, there is a limit on the number of marijuana licenses available in New Hampshire. The New Hampshire Department of Health and Human Services (DHHS) has set a cap of 5 retail marijuana and 5 cultivation facilities. In addition, the DHHS has also limited the number of retail marijuana stores per county to one.

Can I Apply For Multiple Types Of Marijuana Licenses, Such As Cultivation And Retail, in New Hampshire?

No, unfortunately you cannot apply for multiple types of marijuana licenses in New Hampshire. Each type of license requires its own application process and must be obtained separately.

What Is The Application Process For A Marijuana Manufacturing Or Processing License in New Hampshire?

To obtain a manufacturing or processing license for marijuana in New Hampshire, applicants must meet the eligibility requirements, submit an application to the New Hampshire Department of Health and Human Services (DHHS), and pay the associated fees.

The application process requires applicants to provide detailed information about their business operations and to demonstrate compliance with all applicable laws and regulations. This includes submitting paperwork such as a proposed operating plan, proof of approved local zoning regulations, and evidence of financial stability. Additionally, applicants must provide information about their background and complete a criminal background check.

Once an application is submitted, DHHS will review the application and determine whether to grant or deny the license. If the license is granted, the applicant may be required to attend an orientation prior to commencing operations.

How Long Does It Typically Take To Receive A Marijuana License in New Hampshire?

The process of applying and obtaining a marijuana license in New Hampshire can take anywhere from 6 to 8 weeks. The application process requires a variety of documents to be submitted and reviewed by the state. Once approved, the license will be valid for two years from the date of issue.

What Are The Fees Associated With Applying For And Obtaining A Marijuana License in New Hampshire?

The cost associated with obtaining a medical marijuana license in New Hampshire depend on the type of license you are applying for.

For a medical marijuana patient license, the cost is $50 for an initial application and $50 for a renewal application.

For a caregiver license, the cost is $50 for an initial application and $50 for a renewal application.

For a dispensary license, the cost is $20,000 for an initial application and $10,000 for a renewal application. Additionally, dispensaries must pay an annual fee to the state of New Hampshire which varies depending on the number of patients the dispensary serves.

For a cultivation facility license, the cost is $20,000 for an initial application and $10,000 for a renewal application. Additionally, cultivation facilities must pay an annual fee to the state of New Hampshire which varies depending on the number of patients the facility serves.

Are There Residency Requirements For Marijuana License Applicants in New Hampshire?

Yes, there are residency requirements for marijuana license applicants in New Hampshire. To obtain a medical marijuana facility license or a retail marijuana store license, applicants must be a resident of New Hampshire for at least one year immediately prior to the effective date of the license.

How Are Marijuana License Applications Reviewed And Evaluated in New Hampshire?

In New Hampshire, the Department of Health and Human Services (DHHS) is responsible for reviewing and evaluating all applications for medical marijuana licenses. This includes applications for dispensing facilities, cultivation facilities, independent testing laboratories, and compassion centers. Applications must include detailed information regarding the applicant and the proposed facility, including a description of the proposed products and services, qualifications of key personnel, operational plans, safety plans, security plans, and financial requirements. All applications are reviewed and evaluated by the DHHS’s Medical Cannabis Program staff to ensure they meet all applicable laws and regulations. DHHS also conducts a background check on each applicant to ensure that they are suitable to operate a medical marijuana facility. Additionally, DHHS may inspect the facility prior to issuing a license in order to confirm that all requirements are met.

Can Individuals With Prior Criminal Convictions Apply For Marijuana Licenses in New Hampshire?

Yes. Individuals with prior criminal convictions may apply for a marijuana license in New Hampshire. However, the New Hampshire Department of Health and Human Services (DHHS) must conduct a background check on the applicant to determine whether any criminal convictions or other information will disqualify them from holding a license.

What Are The Requirements For Renewing A Marijuana License in New Hampshire?

To be eligible to renew a medical marijuana dispensary permit in New Hampshire, the applicant must meet the following requirements:

1. Provide proof of a valid business license.

2. Provide a detailed description of the proposed services and products to be offered at the medical marijuana dispensary.

3. Provide evidence of financial capability to properly maintain and operate a medical marijuana dispensary.

4. Provide evidence of compliance with applicable federal and state laws and regulations related to medical marijuana dispensaries.

5. Submit satisfactory documentation of criminal history and background checks for all owners, operators, and employees.

6. Provide evidence of compliance with all local ordinances related to medical marijuana dispensaries.

7. Provide a detailed plan for security protocols at the medical marijuana dispensary.

8. Submit an application fee of $2,500 to cover processing costs.

Are There Restrictions On The Location Of Marijuana Businesses, Such As Proximity To Schools Or Residential Areas, in New Hampshire?

Yes. Marijuana establishments must be located at least 500 feet away from public and private schools, childcare facilities, and playgrounds. Additionally, the State of New Hampshire has adopted a medical marijuana zoning ordinance which limits where medical marijuana businesses can operate. This ordinance restricts the location of these businesses to certain industrial zoning districts and prohibits them from operating within 500 feet of residential areas, the state Capitol building in Concord, and certain other locations.

How Do Zoning And Land Use Regulations Impact Marijuana Business Licenses in New Hampshire?

Zoning and land use regulations have a major impact on marijuana business licenses in New Hampshire. Local governments have the authority to decide where marijuana businesses can be located within their jurisdiction, and they can use zoning and land use regulations to determine where dispensaries, cultivation facilities, or manufacturing plants can be located. Local governments often have very specific requirements for the type of zoning or land use that can be used for marijuana businesses, such as requiring that they are located in commercial zones or are a certain distance away from schools and other public facilities. Additionally, local governments may have specific limits on the number of marijuana businesses they allow in their jurisdiction or require that certain types of businesses (such as dispensaries) are located near each other. All of these regulations must be followed in order to obtain a marijuana business license in New Hampshire.

Can I Transfer Or Sell My Marijuana License To Another Individual Or Entity in New Hampshire?

No, you cannot transfer or sell your marijuana license to another individual or entity in New Hampshire. Medical marijuana licenses in New Hampshire are non-transferable, regardless of how the license was obtained. There are no provisions in the state law that allow license transfer or sale.

What Are The Consequences Of Operating A Marijuana Business Without A Valid License in New Hampshire?

Operating a marijuana business without a valid license in New Hampshire is a criminal offense. Violators may face fines of up to $100,000 and up to 12 months in prison for a first-time offense. Repeat offenders may be fined up to $300,000 and face up to 5 years in prison. Other possible consequences may include seizure of property or assets, a loss of other licenses, and/or suspension or revocation of the business license.

Are There Specific Regulations For Marijuana Testing Laboratories And Their Licensing in New Hampshire?

No, there are not specific regulations for marijuana testing laboratories and their licensing in New Hampshire. However, all laboratories that are involved in marijuana testing must be licensed by the New Hampshire Department of Health and Human Services as clinical laboratories. A clinical laboratory is defined as “any laboratory where the performance of clinical laboratory services is a principal activity and that receives specimens from other than its own personnel.” All clinical laboratories must abide by the Clinical Laboratory Improvement Amendments (CLIA). In addition, New Hampshire requires that any laboratory performing marijuana testing must meet additional requirements established by the state. These requirements include obtaining a Certificate of Compliance from the state, performing a proficiency test on a regular basis, and maintaining quality control procedures.

How Does The State Ensure Diversity And Equity In Marijuana Licensing in New Hampshire?

The New Hampshire Liquor Commission (NHLC) requires that all applicants for marijuana licensing meet certain criteria in order to ensure diversity and equity in the industry. These criteria include:

• Demonstrating financial capacity and capability to operate a marijuana business, including providing evidence of access to capital;

• Demonstrating the ability to comply with all applicable local, state, and federal laws;

• Demonstrating a commitment to employing a diverse and equitable workforce;

• Demonstrating a commitment to diversity in the ownership of the business;

• Demonstrating a commitment to community engagement and local economic development; and
• Demonstrating a commitment to environmental protection.

NHLC also encourages applicants from economically disadvantaged areas and minority-owned businesses. Additionally, the state provides technical assistance through the Office of Economic Empowerment to help small businesses, particularly minority-owned businesses, gain access to capital and other resources needed to compete for marijuana licenses.

What Are The Regulations For Microbusiness Licenses Or Small-Scale Marijuana Operations in New Hampshire?

In New Hampshire, the law regulating marijuana businesses is set forth in RSA 126-Y, the New Hampshire Medical Use of Cannabis Program. As of April 2020, the law does not address microbusinesses or small-scale marijuana operations. Therefore, there are no specific regulations or requirements for such businesses. The law only covers medical marijuana dispensaries, cultivation centers, and testing facilities. All medical marijuana businesses must obtain a license from the New Hampshire Department of Health and Human Services. The application process for these licenses is available online.

Additionally, in July 2019, the New Hampshire Legislature passed House Bill 481 establishing a commission to study the legalization of recreational cannabis. As of April 2020, this commission has not taken any action on this issue, so recreational cannabis remains illegal in New Hampshire.

Can I Appeal A Denied Marijuana License Application in New Hampshire?

Yes, you can appeal a denied marijuana license application in New Hampshire. The state has a specific process for appealing the denial of a marijuana license application. The first step is to file a written request for reconsideration with the state Department of Health and Human Services (DHHS). The written request must include all relevant facts and arguments. DHHS will review the written request and may either uphold the denial or grant a license. If the denial is upheld, you may then appeal the decision to the New Hampshire Superior Court.

Where Can I Find Information And Resources On Marijuana Licensing And Permitting in New Hampshire?

The New Hampshire Department of Health and Human Services (NHDHHS) provides information and resources on marijuana licensing and permitting in New Hampshire. The NHDHHS website includes information on the Medical Use of Cannabis Program regulations, application process, fees, and payment options. Additionally, the NHDHHS provides resources for cannabis businesses such as forms, labeling requirements, and links to other organizations that can provide additional information and assistance.