Key Takeaways

• Hemp Industry Regulations:
  • House Bill 459
• Licenses available:
  • USDA Hemp Producer license
• Products that are legal for sale:
  • Hemp flowers
  • Hemp fiber
  • Hemp-derived CBD
  • Hemp oil

Hemp Legalization

In 2014, following the 2014 Farm Bill, New Hampshire set up a committee to study the state’s cultivation and sale of industrial hemp. The state passed House Bill 421 in 2015, authorizing institutions of higher learning to cultivate hemp for research purposes.

In 2019, House Bill 459 was signed into law by the New Hampshire Governor, establishing hemp as an agricultural product and legalizing its production, possession and use in the state. New Hampshire chose to not regulate the cultivation, processing and sale of industrial hemp through a state hemp plan. Those interested in producing hemp in New Hampshire should obtain a hemp producer license from the USDA.

In August 2023, House Bill 611 was signed into law to clarify that the sale of hemp-derived products containing any natural or synthetic THC greater than 0.3% on a dry weight basis is prohibited in New Hampshire.

What Hemp Products are Legal in New Hampshire

Hemp flowers, hemp fiber, hemp-derived CBD and hemp oil are legal in New Hampshire. However, hemp-derived CBD cannot be used as an additive to food and beverages. According to the USDA, hemp must contain less than 0.3% THC.

How to Obtain a USDA Hemp Producer License

Application Process:

1. Create an account on the USDA’s website.
2. Submit a complete USDA hemp application along with the required information (mentioned below) through the Hemp eManagement Platform or by mail.
3. The USDA will review the application for completeness and to determine if the applicant is eligible.
4. The USDA will notify the applicant by mail or email to inform them whether their application has been approved or denied. If the application has been approved, a producer license will be issued.

There is no application fee.

If the license application is denied, applicants may appeal the denial in accordance with Subpart D of Part 990 of the Domestic Hemp Production Program.

Information required to be provided with the completed application form is not limited to:

• Contact information of the applicant.
• If the applicant is a business entity:
  • Full name of the business.
  • Address of the principal business location.
  • Full name and title of the key participants on behalf of the entity.
  • Email address (if available).
  • Employer Identification Number.
• FBI criminal history report for an individual or, if the applicant is a business entity, all key participants, issued within 60 days of the application submission date.

Applicants must also certify that they will adhere to the USDA Domestic Hemp Production Plan.

Hemp producer licenses must be renewed every three years. The expiration date of a hemp producer license is on December 31 of the year that is at least three years after the license is issued. Applications for renewal must have the same information as required for the initial application. There is no renewal application fee.

New Hampshire Hemp Industry Stats

As of December 2024, there were 18 active licensed hemp producers in New Hampshire according to USDA’s search tool.

Source: hempcbdbusinessplans.com.

Hemp Cultivation Business Plan Sample, New Hampshire

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