Medical Cannabis & Firearms in New Hampshire
Frequently Asked Questions (FAQs)
Understanding your Rights, Risks and Protections
Q: I was told you have to give up your guns in order to get a medical cannabis license. Is that true?
A: It’s a little more complicated than that.
Under federal law, it is illegal to:
- Possess or consume cannabis; and
- Purchase, transfer, or possess firearms as a “user of marijuana,” even if your use is legal under state law.
However, federal law also prohibits the U.S. Department of Justice (DOJ) — including the FBI, DEA, and ATF — from using federal funds to interfere with state medical cannabis programs.
Meanwhile, New Hampshire law goes further, protecting the privacy and rights of registered medical cannabis patients by blocking state agencies from sharing registry information with federal authorities.
Q: How does the New Hampshire Therapeutic Cannabis Program (TCP) protect my privacy and 2A rights?
A: The TCP includes some of the strongest privacy and legal protections in the country:
- The TCP registry is confidential and cannot be shared with any federal agency.
- Information may be shared with New Hampshire law enforcement only if:
- An individual claims therapeutic cannabis use during a detention or arrest, or
- Law enforcement submits a sworn affidavit establishing probable cause.
- N.H. law enforcement officers are prohibited from sharing patient or caregiver information with any agency that does not honor the protections of the state’s therapeutic cannabis law.
- Dispensaries must comply with HIPAA and additional state privacy safeguards.
These measures ensure a strong degree of legal and privacy protection for registered patients and caregivers.
Q: Are new protections being considered for cannabis patients who own firearms?
A: Yes.
Proposed legislation expected in the next legislative session will clarify that:
“Registered New Hampshire cannabis patients who use, distribute, possess, or cultivate medical marijuana under New Hampshire’s therapeutic cannabis program (TCP) may purchase, possess, and transfer firearms in accordance with New Hampshire law.”
If adopted, this would make it clear that federal agencies (DOJ, ATF, FBI, DEA) are barred from interfering with any part of New Hampshire’s medical cannabis program — including the Second Amendment rights of registered patients.
Q: What is my legal risk right now?
A: In practice, your risk of prosecution for both using cannabis and possessing firearms is extremely low, provided you comply with state law.
However:
- When purchasing a firearm from a federally licensed dealer, you must complete Form 4473 (Firearms Transaction Report).
- The form asks whether you are an “unlawful user of marijuana.”
- Answering “No” while being a cannabis user is technically a federal felony—separate from firearm possession itself.
While the likelihood of prosecution remains low due to the federal spending ban on DOJ interference, it’s important to understand that both activities remain federally illegal.
Q: What’s the difference between having a medical card and not having one?
Without a TCP Card | With a TCP Card |
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Federal authorities theoretically could prosecute, but in reality, they can’t access your registry data and are barred from enforcement under current Congressional restrictions.
Q: What’s the smart move right now?
A: Use common sense and caution until cannabis is fully legalized federally.
Whether you use cannabis for recreational or medical purposes:
- Register with the New Hampshire TCP.
- This protects you from state and local prosecution and ensures your privacy and confidentiality.
- Use common sense and caution disclosing your medical cannabis status when purchasing firearms, as it may create unnecessary legal exposure.
Q: Who can I contact for more information?
A: You’re welcome to contact our office anytime for assistance or to learn more about:
- Registering with the NH Therapeutic Cannabis Program, and
- Safely exercising your Second Amendment rights as a medical cannabis patient.