New Hampshire SB 485: relative to the licensure, regulation and taxation of hemp-based derivative products.

Bill Text

SB 485-FN - AS INTRODUCED

2026 SESSION

 26-2049

 08/07

SENATE BILL 485-FN

AN ACT relative to the licensure, regulation and taxation of hemp-based derivative products.

SPONSORS: Sen. Lang, Dist 2; Sen. Watters, Dist 4; Sen. Pearl, Dist 17; Sen. Murphy, Dist 16; Sen. Innis, Dist 7; Sen. Birdsell, Dist 19; Rep. Hunt, Ches. 14

COMMITTEE: Judiciary

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ANALYSIS

This bill:

 I. Defines hemp-based derivative products.

 II. Creates a licensing scheme for the sale of hemp-based derivative products within the liquor commission.

 III. Enables the liquor commission to make rules relative to the regulation of hemp-based derivative products.

 IV. Levies a tax on wholesale sale of hemp-based derivative products.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2049

 08/07

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the licensure, regulation and taxation of hemp-based derivative products.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 New Paragraphs; Hemp; Definitions. Amend RSA 439-A:2 by inserting after paragraph V the following new paragraphs:

 VI. “Hemp-derived cannabinoid” means:

 (a)(1) A cannabinoid other than delta-9 tetrahydrocannabinol,or an isomer derived from such cannabinoid, that is derived from hemp in a concentration of more than 0.1 percent;

 (2) A hemp-derived product containing delta-9 tetrahydrocannabinol in a concentration of not more than 0.3 percent on a dry weight basis; or

 (3) A hemp-derived product containing a total THC content or a total theoretical THC content of not more than 0.3 percent on a dry weight basis;

 (b) Includes but is not limited to:

 (1) Delta-8 tetrahydrocannabinol;

 (2) Delta-10 tetrahydrocannabinol;

 (3) Hexahydrocannabinol; and

 (4) Tetrahydrocannabivarin (THCv); and

 (c) Does not include:

 (1) Cannabichromene (CBC/CBCa/CBCv);

 (2) Cannabicitran (CBT/CBTa);

 (3) Cannabicyclol (CBL/CBLa);

 (4) Cannabidiol (CBD/CBDa/CBDv/CBDp);

 (5) Cannabielsoin (CBE/CBEa);

 (6) Cannabigerol (CBG/CBGa/CBGv/CBGm);

 (7) Cannabinol (CBN/CBNa);

 (8) Cannabivarin (CBV/CBVa);

 (9) Hemp-derived fiber, grain, or stalk; provided, that the product does not contain a hemp-derived cannabinoid in a concentration of more than 0.3 percent on a dry weight basis;

 (10) Tetrahydrocannabinolic acid (THCa) in a concentration greater than 0.3 percent on a dry weight basis;

 (11) Tetrahydrocannabiphorol (THCp);

 (12) A synthetic cannabinoid; or

 (13) A substance that is categorized as a Schedule I controlled substance on or after July 1, 2023, including a substance that may be identified in subdivision (VI)(d).

 VII. “Hemp-derived cannabinoid product” or “HDCP” means a product that contains or that is labeled as containing a hemp-derived cannabinoid and that is produced, marketed, or otherwise intended to be ingested orally, inhaled, or absorbed through the skin, including hemp and hemp plant parts, and any product that may contain a hemp-derived cannabinoid that is extracted from hemp plants or hemp plant parts; and include intermediate products intended for subsequent use as a component in a later finished HDCP; and harvested hemp and hemp plant parts, otherwise known as hemp flower.

 2 Hemp-Derived Products Containing THC Prohibited. Amend RSA 439-A:4 to read as follows:

 439-A:4 Hemp-Derived Products Containing THC Prohibited.

 Nothing in this chapter shall be construed to authorize the sale of products that are derived from hemp which contain natural or synthetic tetrahydrocannabinol (THC) greater than 0.3 percent on a dry weight basis, which appear in any formulation, including delta-8 THC, delta-9 THC, or any other THC isomer variant. Authorized hemp-derived cannabinoid products shall be regulated under RSA 179-A.

 3 New Chapter; Hemp Derived Cannabinoids. Amend RSA by inserting after chapter 179 the following new chapter: 

CHAPTER 179-A

HEMP DERIVED CANNABINOIDS

 179-A:1 Definitions.

 In this chapter: 

 I. “Batch” means a single stock-keeping unit with common cannabinoid input or a hemp flower of the same varietal and harvested on the same date and manufactured during a defined cycle in such a way that it could be expected to be of a uniform character and should be designated as such.

 II. “Commission” means the New Hampshire liquor commission.

 III. “Dry weight” means the weight of plant material with a moisture content that does not exceed 13 percent.

 IV. “Hemp-derived cannabinoid” or &