Delta 8 THC in New Hampshire: Is It Legal & Where to Buy

Delta 8 New Hampshire

Delta 8 THC is not explicitly banned in New Hampshire, but the state restricted the levels permitted in a product.

Can you buy delta 8 THC in New Hampshire? Let’s have a look at the state’s laws.

Last Update: April 30, 2024


  • Delta 8 THC products are restricted in New Hampshire under HB 611, passed in August 2023.
  • Starting October 7, 2023, the distribution and sale of hemp-derived products is allowed only if the product contains less than 0.3% of any type of THC by dry weight.
  • This means that delta 8 THC products can be lawfully sold if they contain a THC concentration of no more than 0.3%, including delta 9.
  • You can still order hemp-derived CBD products in New Hampshire as the state legalized hemp under the 2018 Farm Bill.
  • Mr. Hemp Flower offers a range of hemp-derived full spectrum products for the New Hampshire marketplace.

Is Delta 8 THC Legal in New Hampshire? 

Delta 8 THC products are prohibited in New Hampshire if their THC concentration exceeds 0.3%. 

House Bill 611, signed into law by Gov. Chris Sununu in August (effective October 7, 2023), prohibits the sale of hemp-derived products that contain more than 0.3% total THC, including delta 8, delta 9 or any other isomer.

Unfortunately, most commercially sold delta 8 THC products have a high THC concentration that exceeds this threshold.

Hemp is legal in this state under HB 459, passed in 2019. The state’s definition of hemp includes “any part of the plant” with a concentration of Delta-9 THC that doesn’t exceed 0.3%. 

The state amended its Controlled Substance Act to remove hemp and hemp-derived products from the definition of marijuana.

Read more: State-by-State Legality of Delta 8 THC

Where to Buy Delta 8 THC in New Hampshire?

You can order delta 8 THC products online in New Hampshire, but they must be in compliance with the new state regulations.

Delta 8 is available at various retailers in New Hampshire, which begs the question: where to buy high-quality, safe D-8 products? 

Mr. Hemp Flower is a reliable brand that brings top-shelf cannabinoid products that have been tested for quality. Quality screening is one of the most important things you should look for in a D-8 vendor. 

At Mr. Hemp Flower, we offer a readily available Certificate of Analysis with each product. But, many suppliers don’t. Typically, convenience stores, gas stations, and online suppliers try to make a quick buck by selling untested D-8 products. 

Why Mr. Hemp Flower? 

Our mission is to offer the full-spectrum benefits of the hemp plant through healthy and safe products. Our growing collection of cannabinoid products is designed with the intention of bringing whole-plant health to you. From delta 8 THC gummies, to delta 9 THC gummies and full spectrum CBD products, our collection suits everyone’s needs. 

With us, you can be 100% sure the product comes from legally sourced hemp and has been tested by a third-party lab. At Mr. Hemp Flower, we screen all our products for quality and offer a detailed Certificate of Analysis and a terpene report. Most importantly, we ship fast and you’ll receive your order wrapped in odor-free, discreet packaging. 

What is Delta 8 THC? 

Delta 8 tetrahydrocannabinol is a minor hemp cannabinoid that testifies about the power and versatility of the cannabis plant. D-8 THC exhibits more potent effects than cannabidiol (CBD) and causes milder intoxication than Delta-9 THC. 

According to studies, D-8 is roughly half as potent as delta 9 at the same dose and causes a “mild” intoxication without the typical side effects like anxiety and paranoia. This cannabinoid is present in tiny amounts in the hemp plant, so manufacturers create it by converting hemp-derived CBD.  

Delta 8 THC and Federal Law 

Federally, delta 8’s legality is in limbo.

The US government delayed the initial response to D-8 THC, so most states have decided to regulate D-8 independently. While Florida is absolutely on board, states like California regulate it more strictly.

In 2020, the Drug Enforcement Administration (DEA) published a report that indirectly addressed the rise of D-8 products. The report stated: “all synthetically derived tetrahydrocannabinols remain Schedule I controlled substances.” The report also added that when it comes to “synthetically derived THCs,” the levels of Delta-9 they contain is not a determining factor regarding their legality.

So, the main question that would determine the legality of this cannabinoid is whether it’s considered a “synthetic.”

The question of D-8 being synthetic or not is closely tied to the method used to manufacture it. This hemp derivative is naturally present in the plant in very tiny amounts, which is not ideal for extractors. So, to create larger quantities of D-8 while keeping things financially viable, chemists now convert hemp-derived cannabidiol (CBD) into D-8.

This method of converting one chemical compound into another is known as isomerization and is the reason why D-8 could be considered a “synthetically derived tetrahydrocannabinol.” Federal law doesn’t explicitly define the term “synthetically derived tetrahydrocannabinols,” and that alone leaves space for the federal government to consider D-8 as such.

But is D-8 synthetic? Most experts agree that it’s NOT. There’s a huge difference between D-8 and synthetic THC like Spice and K2. These synthetic drugs are made in a lab and possess uncontrollably mind-altering and other dangerous effects.

Final Thoughts

Delta 8 THC is not entirely banned in New Hampshire, but it can be sold in products that don’t exceed the 0.3% total THC threshold. This means that only low THC products can be lawfully sold and possessed in this state. 

Delta 8 New Hampshire Laws

Be Sure to Check Out: 

All Our D-8 Products

Delta 8 THC Gummies

All Delta 9 Products


Yes, D-8 is still legal to buy in New Hampshire, but it’s restricted. Only products with less than 0.3% of any THC are allowed for sale in this state.

For the time being, the best option is to order it online, but it can be challenging to find a product that’s compliant with current regulations.

For the time being, the best option is to order it online. D-8 is an unregulated market, so make sure you are getting your products from a trusted, reliable source.

No, so far, 15 states have banned or restricted this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Mississippi, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington.

Yes, D-8 is as safe to consume as any other hemp cannabinoid. That said, the safety of this compound largely depends on the product you’re consuming. That’s why it’s important to know where your D-8 comes from and what’s in the product.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

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