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The State Laws of New Hampshire

The State Laws of New Hampshire


Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation.  If you need legal advice and assistance, contact New Hampshire lawyers.

New Hampshire Abortion Laws

Within the state of New Hampshire, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, New Hampshire state legislation expresses that a legal abortion procedure is not considered to be homicide

New Hampshire Same-Sex Marriage Laws

New Hampshire permits same-sex couples to wed within its state lines

New Hampshire Common Law Marriage

A common law marriage is recognized in the event that it was filed prior to January 1st, 1996

New Hampshire Marijuana Laws

Within the state of New Hampshire, the possession of Marijuana – or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the New Hampshire State Government is a punishable, criminal offense. Individuals convicted of the possession or sale of Marijuana may be subject to the loss of a drivers’ license for a period ranging from 3 months to 5 years. The following penalties are associated with Marijuana within the state of New Hampshire.

Possession/Under the Influence of Marijuana

1.    Amount: Any

•    Penalty: 1 years’ incarceration

•    Fines: $2,000

•    Classification: Misdemeanor

Cultivation and/or Intent to Distribute Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration

2.    Amount: less than 1 ounce (first offense)

•    Penalty: 3 years’ incarceration

•    Fines: $25,000

•    Classification: 

3.    Amount: 1 ounces to 5 pounds (first offense)

•    Penalty: 7 years’ incarceration

•    Fines: $100,000

•    Classification: 

4.    Amount: 5 pounds or more (first offense)

•    Penalty: 20 years’ incarceration

•    Fines: $300,000

•    Classification: felony

5.    Amount: Within 1,000 feet of school (first offense)

•    Penalty: penalty is doubled in conjunction with the initial charge(s)

•    Fines: fines are doubled in conjunction with the initially-imposed fine(s)

•    Classification: felony

Medical Marijuana

Within the state of New Hampshire, Medical Marijuana is considered to be illegal both for patient use and cultivation

New Hampshire DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of New Hampshire:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of New Hampshire, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In New Hampshire, supplementary penalties may be incurred due to BAC levels exceeding .16%

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within New Hampshire, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 6 months’ time;  penalties can range upwards of 5 years in addition to the installation of an ignition interlock device

New Hampshire Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of New Hampshire, gun laws are as follows:

•    The sale, ownership, or possession of firearms with regard to convicted felons, minors, and individuals considered to be habitual criminals is illegal in the state of New Hampshire; individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

•    A waiting period for the purchase of a firearm does not currently exist in the state of New Hampshire

•    Current listing or report of forearms considered to be illegal in the state of New Hampshire: armor-piercing and Teflon-coated ammunition

New Hampshire Adoption Laws

In the state of New Hampshire, an individual who has been deemed as a law-abiding citizen 18 years or older who is of sound mind and moral character is permitted to adopt a child; individuals whom are wed must agree to an adoption in a joint fashion:

•    Any individual may be adopted; children above the age(s) of 12 must express consent with regard to a potential adoption

•    Within the state of New Hampshire and individual must maintain residence for a period of no less than 6 months

•    Within the state of New Hampshire, the Department of Health and Human Services mandates all adoptions

•    The statute of limitations available to challenge an adoption is 1 years’ time subsequent to the adoption

New Hampshire Employment and Labor Laws

•    Within the state of New Hampshire, the minimum wage is $6.55 – $7.25awarded per hour of labor

•    Within the state of New Hampshire, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

New Hampshire Divorce Laws

Within the state of New Hampshire, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed by an individual resident of New Hampshire

•    ‘No Fault’ divorce does exist on the grounds of irreconcilable differences; a separation must take place for 2 years

•    Additional grounds for divorce can include cruelty, adultery, criminal conviction, addiction to drugs or alcohol, desertion, impotency, neglect, and insanity

New Hampshire Death Penalty Laws

Within the state of New Hampshire, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:

•    In the event of pregnancy, capital punishment is disallowed

•    The minimum age permissible for a capital punishment sentence is 17 years of age

•    Within the state of New Hampshire, homicide is considered to be the only crimes punishable by death

•    The accepted means of capital punishment is the administration of lethal injection or hanging

New Hampshire Gambling Laws

Within the state of New Hampshire, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Licensed Horse racing wagering is legal

•    Licensed Dog racing wagering is legal

•    Gambling is permissible on nautical vessels in the form of licensed cruise ships; any and all structures and facilities intended to house gambling activity are deemed as illegal in the state of New Hampshire

New Hampshire Child Laws

Within the state of New Hampshire, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision