Q: I have been diagnosed with generalized anxiety disorder. Am I legally able to purchase and use therapeutic cannabis in New Hampshire?
A: To legally purchase and use therapeutic cannabis (also known as “medical marijuana”) in New Hampshire, you must apply for and be issued a cannabis registry ID card from the Therapeutic Cannabis Program, administered New Hampshire DHHS. Your application must include a completed Patient Application, a $50 application fee, proof of New Hampshire residency, and a completed Written Certification from your provider. Registry ID cards are valid for up to three years, depending on the information your provider submitted in the Written Certification. You can renew your registry ID card by following essentially the same process as the initial application.
On the Written Certification, your provider must certify your qualifying medical condition. The possible qualifying medical conditions are listed at RSA 126-X:1, IX. Some of these conditions require that you also have a severely debilitating or terminal medical condition, or its treatment, that has produced at least one of the qualifying symptoms or side effects listed in the statute. Other qualifying conditions do not require any specific symptom or side effect.
On July 22, 2024, Governor Sununu signed into law HB 1349, which added generalized anxiety disorder as a qualifying medical condition for therapeutic cannabis. No additional symptom or side effect is required. HB 1349 took effect on September 10, 2024.
According to statistics from the National Institute of Mental Health, an estimated 2.7% of U.S. adults had generalized anxiety disorder in the past year. Applying that figure broadly to New Hampshire’s population of approximately 1.15 million adults means that potentially 32,000 New Hampshire adults have generalized anxiety disorder. These people may now qualify to legally purchase and use therapeutic cannabis in New Hampshire when they may not have otherwise qualified.
If you are a New Hampshire resident and you have been diagnosed with or believe you may have generalized anxiety disorder, or you otherwise wish to explore whether you qualify for the Therapeutic Cannabis Program, you can begin by consulting with your healthcare provider. Not all providers are willing to recommend therapeutic cannabis, but your provider should be able to refer you to someone who can assist with that medical determination. Also, you can browse the FAQs and other information at the Therapeutic Cannabis Program’s website, as well as review blank Patient Application and Written Certification forms.
Know the Law is a bi-weekly column sponsored by McLane Middleton. Questions and ideas for future columns should be emailed to knowthelaw@mclane.com. Know the Law provides general legal information, not legal advice. We recommend that you consult a lawyer for guidance specific to your particular situation.