Drug Possession Laws in New Hampshire

Knowingly possessing a controlled drug in Schedules I through IV without authorization (for example heroin, cocaine or fentanyl) is a class B felony (up to seven years) with a fine up to $25,000, and a violation after one or more prior drug offenses is a class A felony with a fine up to $50,000. Possessing only a residual amount is a misdemeanor (with an exception for service syringe program participants). New Hampshire's paraphernalia law makes it unlawful to deliver, possess with intent to deliver, or manufacture drug paraphernalia, which is a misdemeanor.

New Hampshire's rule on court-appointed lawyers: When a defendant charged with a felony or a class A misdemeanor appears without counsel, the court advises the defendant of the right to counsel and that counsel will be appointed if the defendant cannot afford it. The court instructs the defendant to complete a financial statement under oath and, if satisfied the defendant is financially unable to obtain counsel, appoints counsel — first the public defender program (RSA 604-B), then a contract attorney, then any qualified attorney. The court shall appoint counsel without formal application where mental illness interferes with the defendant's ability to communicate or apply. RSA 604-A:2

Lawyers set their own fees, and New Hampshire has rules on how they may charge. See hiring a criminal defense lawyer in New Hampshire for fee rules, how to check a lawyer's license and free help.

How release before trial works in New Hampshire: At the defendant's appearance, the court orders the person released on personal recognizance or an unsecured appearance bond, released on conditions, or detained. The court shall not impose a financial condition that will result in the pretrial detention of the person solely as a result of that financial condition, unless after a hearing it finds probable cause that no reasonable alternative assures compliance (§ 597:2, IV). The court may detain a person if it finds probable cause that release will not reasonably assure appearance or will endanger the safety of the person or the public (§ 597:2, III(a)). Persons charged with listed qualifying offenses (including homicide, certain assaults, sexual assault, kidnapping and robbery) are not brought before a bail commissioner and are detained pending arraignment, which must occur within 36 hours excluding weekends and holidays (§ 597:2, III(c)). A person charged with a class B misdemeanor is released on personal recognizance pending arraignment unless release would endanger safety (§ 597:2, XIII). A detained person may seek a hearing on reconsideration within 36 hours after the filing of the motion, excluding weekends and holidays (§ 597:2, XIV(a)). RSA 597:2 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See New Hampshire expungement and record sealing rules.