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New Hampshire

Identification

  • Acceptable Identification
    • New Hampshire 263.5
      • I. An application for a driver’s license may be made by mail or otherwise to the department on a blank prepared under the director’s authority. The proper fee shall be deposited before the application is granted.
      • II. The application for a driver’s license shall include the following:
        • (a) The full name and current mailing and residential address of the license applicant;
        • (b) A physical description of the applicant, including gender indicated by checking either “M”for”male,” “F” for female,”or”X”for”other,” height, weight, eye and hair color;
        • (c) Date of birth;
        • (d) Applicant’s social security number, if required pursuant to RSA 263:40-a;
        • (e) Applicant’s signature;
        • (f) Certifications of driver qualification;
        • (g) Any other information required by the department.
    • New Hampshire 263.40 – Form of Licence
    • New Hampshire 263.40-a – Social Security Numbers; Addresses; Application Form Options
  •  Acceptable Digital Identification
    • Not Available in this state
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • New Hampshire DMV Requirements 
    • New Hampshire 263.5
      • I. An application for a driver’s license may be made by mail or otherwise to the department on a blank prepared under the director’s authority. The proper fee shall be deposited before the application is granted.
      • II. The application for a driver’s license shall include the following:
        • (a) The full name and current mailing and residential address of the license applicant;
        • (b) A physical description of the applicant, including gender indicated by checking either “M”for”male,” “F” for female,”or”X”for”other,” height, weight, eye and hair color;
        • (c) Date of birth;
        • (d) Applicant’s social security number, if required pursuant to RSA 263:40-a;
        • (e) Applicant’s signature;
        • (f) Certifications of driver qualification;
        • (g) Any other information required by the department.
    • New Hampshire 263.40 – Form of Licence
    • New Hampshire 263.40-a – Social Security Numbers; Addresses; Application Form Options
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • New Hampshire Non-US Citizen
      • Immigration Status
        • Must provide an original Social Security Card and one of the following:
          • Valid I-94 departure card indicating refugee or asylee status.
          • Valid passport, visa and I-551 stamp with at least sixty (60 days) left before expiration.
          • Valid permanent resident card or valid Work Authorization card issued by the Bureau of Citizenship & Immigration Services (BCIS) with at least sixty (60 days) left before expiration.
      • Driver License Status
        • Provide valid out-of-state, U.S. Territory, Canadian, or French driver license; or
        • Successfully complete and pass a vision, written and road test.
          • If you are under 18 years old you must complete a Driver Education course.
      • Proof of New Hampshire Residency for the type of driver license or non-driver identification card you are applying for
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • No
  • What privacy protections are in place for Digital Id’s in this state?
    • N/A

Alcohol

  • Age permitted to Access Alcohol Retailers and Venues (How old do you have to be to enter a bar? Include Federal Law and State Law)
    • New Hampshire 178:22
      • II. No person under the age of 18 shall be in the cocktail lounge unless accompanied by a parent, legal guardian, or adult spouse.
  • Age permitted to consume Alcohol
    • New Hampshire 179:10
      • Any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300.
  • Age permitted to serve Alcohol
    • New Hampshire 179:23
      • I. No licensee shall employ any minor, with or without compensation, to serve or otherwise handle liquor or beverages, except that off-premises licensees may employ minors of not less than 15 years of age when beverages or wine is sold in the original container and delivered in the place of business of the seller, or at the vehicle of the buyer parked on or adjacent to the premises of the seller. To act as a cashier in a selling capacity a minor shall be at least 16 years of age, providing a person at least 18 years of age is in attendance and is designated in charge of the employees and business.
      • II. An on-premises licensee may employ any person not less than 18 years of age to serve or otherwise handle liquor and beverages while employed as a waiter, waitress, bartender, or hostess in a licensed premises. Minors not less than 14 years of age may be employed to clean tables, remove empty containers and glasses, and assist in stocking. A person at least 18 years of age shall be in attendance and be designated in charge of the employees and business.
      • III. The provisions of this section shall in no way prohibit an on-premises or off-premises licensee from employing persons 18 years of age or older to sell, serve, or otherwise handle or be left in charge of the employees and the business.
  • Age permitted to purchase Alcohol
    • New Hampshire 170:10-a
      • Notwithstanding any other law to the contrary, any person under the age of 21 years, who possesses beverage or liquor with the intent to purchase said beverage or liquor, and who does or omits to do anything which, under the circumstances as such person believes them to be, is an act or omission constituting a substantial step towards the purchase of an alcoholic beverage shall be guilty of a violation.
  • What is the consumable limit (if any)
    • N/A
  • What is the purchase limit (if any)
    • N/A
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
    • New Hampshire 265-A:2
      • The legal BAC limits in New Hampshire are as follows:
        • 0.08%: Legal limit for drivers aged 21 and older (Driving Under the Influence – DUI).
        • 0.02%: Legal Limit for drivers under 21 years old.
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • None explicitly listed
  • What are the penalties for providing alcohol to minors at a private residence?
    • New Hampshire 644:18
      • I. A person shall be guilty of a misdemeanor if such person owns or has control of the occupied structure, dwelling, or curtilage, where a drug or underage alcohol house party is held and such person knowingly commits an overt act in furtherance of the occurrence of the drug or underage alcohol house party knowing persons under the age of 21 possess or intend to consume alcoholic beverages or use controlled drugs at such drug or underage alcohol house party.
      • II. It is an affirmative defense to prosecution under this section if a person gives timely notice to a law enforcement official of the occurrence of the drug or underage alcohol house party or engages in other conduct designed to prevent the occurrence of such party, or takes action to terminate such party once underway.
      • III. In this section, “drug or underage alcohol house party” means a gathering of 5 or more people under the age of 21 at any occupied structure, dwelling, or curtilage, who are unrelated to the person who owns such occupied structure, dwelling, or curtilage or has control thereof, where at least one person under the age of 21 unlawfully possesses or consumes an alcoholic beverage or controlled drug. “Occupied structure” has the same meaning as in RSA 635:1, and “dwelling” and “curtilage” have the same meaning as in RSA 627:9.
      • IV. The provisions of this section shall not apply to the use of alcoholic beverages at legally protected religious observances or activities, or to those persons using a controlled drug under a physician’s care where the use of the drug is consistent with the directions of a physician.

Tobacco

  • Age permitted to access Tobacco Retailers and Venues (How old do you have to be to enter a cigar shop, smoke shop, or smoking lounge? Include Federal Law and State Law)
    • New Hampshire Law
      • No specific law about entry into retailers; however, retailers must post age requirement of 21 to purchase tobacco in their stores 
      • 178:19-a
        • III. The commission, when issuing or renewing a retail tobacco license, shall furnish a sign which shall read or be substantially similar to the following: “State Law prohibits the sale of tobacco products or e-cigarettes to persons under age 21. Warning: violators of these provisions may be subject to a fine.
    • Federal Law:
      • FDA Tobacco 
      • Individuals must be 21 years old to purchase tobacco products in the United States. This law also prohibits anyone under 21 from entering certain tobacco-related venues, such as cigar shops or smoke shops, if they are not accompanied by an adult.
  • Age permitted to use Tobacco
    • New Hampshire 126-K:6
      • I. No person under 21 years of age shall purchase, attempt to purchase, possess, or use any tobacco product, e-cigarette, device, or e-liquid.
      • I. No person under 21 years of age shall purchase, attempt to purchase, possess, or use any tobacco product, e-cigarette, device, e-liquid, or alternative nicotine products.
  • Age permitted to sell Tobacco
    • New Hampshire 126-K:4
      • I. No person shall sell, give, or furnish or cause or allow or procure to be sold, given, or furnished tobacco products, e-cigarettes, or e-liquid to a person who has not attained 21 years of age. The prohibition established by this paragraph shall not be deemed to prohibit persons who have not attained 21 years of age employed by any manufacturer, wholesaler, sub-jobber, vending machine operator, sampler, or retailer from performing the necessary handling of tobacco products, e-cigarettes, or e-liquid during the duration of their employment.
      • I. No person shall sell, give, or furnish or cause or allow or procure to be sold, given, or furnished tobacco products, e-cigarettes, e-liquid, or alternative nicotine products to a person who has not attained 21 years of age. The prohibition established by this paragraph shall not be deemed to prohibit persons who have not attained 21 years of age employed by any manufacturer, wholesaler, sub-jobber, vending machine operator, sampler, or retailer from performing the necessary handling of tobacco products, e-cigarettes, or e-liquid during the duration of their employment.
  • Age permitted to purchase Tobacco
    • New Hampshire 126-K:6
      • I. No person under 21 years of age shall purchase, attempt to purchase, possess, or use any tobacco product, e-cigarette, device, or e-liquid.
      • I. No person under 21 years of age shall purchase, attempt to purchase, possess, or use any tobacco product, e-cigarette, device, e-liquid, or alternative nicotine products.
  • What is the consumable limit (if any)
    • N/A
  • What is the purchase limit (if any)
    • N/A
  • Are vaping products regulated differently from traditional tobacco in this state?
    • No
  • Are flavored vapes or disposable e-cigarettes banned?
    • FDA
    • Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.

Cannabis

  • Age permitted to access Cannabis Retailers and Venues (How old do you have to be to enter a dispensary or smoke shop? Include Federal Law and State Law)
    • Only Medical Marijuana.  Recreational has been decriminalized but it is still not legal 
    • New Hampshire 126-X
      • Must be 21 to purchase marijuana. Qualifying patients under 21, must have a designated caregiver over the age of 21
        • VI. “Designated caregiver” means an individual who:
          • (a) Is at least 21 years of age;
          • (b) Has agreed to assist with one or more (not to exceed 5) qualifying patient’s therapeutic use of cannabis, except if the qualifying patient and designated caregiver each live greater than 50 miles from the nearest alternative treatment center, in which case the designated caregiver may assist with the therapeutic use of cannabis for up to 9 qualifying patients;
          • (c) Has never been convicted of a felony or any felony drug-related offense; and
          • (d) Possesses a valid registry identification card issued pursuant to RSA 126-X:4.
        • (b) “Qualifying medical condition” also means:
          • (1) Moderate to severe chronic pain.
          • (2) Severe pain.
          • (3) Moderate or severe post-traumatic stress disorder.
          • (4) Autism spectrum disorder in adults 21 years of age or older.
          • (5) Autism spectrum disorder in people under 21 years of age with the requirement of a consultation with a certified provider of child and/or adolescent psychiatry, developmental pediatrics, or pediatric neurology, who confirms that the autism spectrum disorder has not responded to previously prescribed medication or for which other treatment options produced serious side effects and who supports certification for the use of therapeutic cannabis.
          • (6) Opioid use disorder, with the following restrictions:
            • (A) When certified only by a board certified addiction medicine or addiction psychiatry provider who is actively treating the patient for opioid use disorder; and
            • (B) With associated symptoms of cravings and/or withdrawal.
          • (7) Generalized anxiety disorder.
          • (8) For adults 21 years of age or older, any debilitating or terminal medical condition or symptom for which the potential benefits of using therapeutic cannabis would, in the provider’s clinical opinion, likely outweigh the potential health risks for the patient. In order to certify a patient under this category, a certifying provider shall include on the written certification the patient’s specific condition or symptom and attest to their clinical opinion.
        • X. “Qualifying patient” means a resident of New Hampshire who has been diagnosed by a provider as having a qualifying medical condition and who possesses a valid registry identification card issued pursuant to RSA 126-X:4.
  • Age permitted to use Cannabis
    • Medical 
      • Must be a qualified patient New Hampshire 126-X and under the care of a designated caregiver if under the age of 21
  • Age permitted to sell Cannabis
    • Medical – must be 21 – New Hampshire 126-X
      • II. “Alternative treatment center agent” means a principal officer, board member, employee, manager, or volunteer of an alternative treatment center who is 21 years of age or older and has not been convicted of a felony or any felony drug-related offense.
  • Age permitted to purchase Cannabis
  • What is the consumable limit (if any)
    • New Hampshire 126-X
      • (2) How to achieve proper dosage for different modes of administration. Emphasis shall be on using the smallest amount possible to achieve the desired effect. The impact of potency shall also be explained.
  • What is the purchase limit (if any)
    • New Hampshire 126-X
      • I. A qualifying patient shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or denied any right or privilege for the therapeutic use of cannabis in accordance with this chapter, if the qualifying patient possesses an amount of cannabis that does not exceed the following:
        • (a) Two ounces of usable cannabis; and
        • (b) Any amount of unusable cannabis.
      • II. A designated caregiver shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or denied any right or privilege for the therapeutic use of cannabis in accordance with this chapter on behalf of a qualifying patient if the designated caregiver possesses an amount of cannabis that does not exceed the following:
        • (a) Two ounces of usable cannabis, or the total amount allowable for the number of qualifying patients for which he or she is a designated caregiver; and
        • (b) Any amount of unusable cannabis.
      • III. A designated caregiver may receive compensation for costs, not including labor, associated with assisting a qualifying patient who has designated the designated caregiver to assist him or her with the therapeutic use of cannabis. Such compensation shall not constitute the sale of controlled substances.
      • IV. (a) A qualifying patient is presumed to be lawfully engaged in the therapeutic use of cannabis in accordance with this chapter if the qualifying patient possesses a valid registry identification card and possesses an amount of cannabis that does not exceed the amount allowed under this chapter.
        • (b) A designated caregiver is presumed to be lawfully engaged in assisting with the therapeutic use of cannabis in accordance with this chapter if the designated caregiver possesses a valid registry identification card and possesses an amount of cannabis that does not exceed the amount allowed under this chapter.
      • XIII. (a) Each time an alternative treatment center agent dispenses cannabis to a qualifying patient directly or through the qualifying patient’s designated caregiver, he or she shall consult the alternative treatment center’s records to verify that the records do not indicate that the dispensing of the cannabis would cause the qualifying patient to receive more cannabis than is permitted in a 10-day period. Each time cannabis is dispensed, the alternative treatment center agent shall record the date the cannabis was dispensed and the amount dispensed. All records shall be kept according to the registry identification number of the qualifying patient and designated caregiver, if any.
        • (b) Except as provided in subparagraph (c), a qualifying patient shall not obtain more than 2 ounces of usable cannabis directly or through the qualifying patient’s designated caregiver during a 10-day period.
        • (c) After providing an opportunity for patients, experts, researchers, and physicians to be heard, the department may issue a rule adjusting the limit specified in subparagraph (a) to an amount that is reasonably necessary for a 10-day supply.
  • Can minors obtain medical cannabis with a prescription?
    • Yes – must be under the care of a designated caregiver over the age of 21

Adult Media

  • Age permitted to access Adult Content ONLINE
    • No laws in place
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • No law in place, but must be 21 to enter establishments that serve alcohol if not accompanied by a guardian or parent
      • New Hampshire 178:22
        • II. No person under the age of 18 shall be in the cocktail lounge unless accompanied by a parent, legal guardian, or adult spouse.
  • Are websites required to verify age for accessing adult content?
    • No statewide law in place
  • What penalties exist for providing minors access to adult material online?
    • Title 18 Section 1470 Federal laws prohibit the distribution of obscene materials to minors. Violations can result in significant fines and imprisonment.
  • What is the minimum age to work in the adult entertainment industry?
    • New Hampshire 179:19
      • II. On-premises licensees may provide entertainment and dancing, in clearly defined areas on their licensed premises, provided they have received written authorization by the town or city and they have provided the commission with a copy of that authorization. A cover charge may be assessed to cover the cost of live entertainment. Notwithstanding any other provision of law, paragraph III shall not be construed to permit a person under the age of majority to perform, paid or unpaid, as a dancer in any licensed premise.
      • III. No person licensed to sell liquor or beverage under RSA 178 may employ as an entertainer any person who is under 17 years of age in a cocktail lounge where liquor or beverages are sold.
  • Are there restrictions on employment terms for adult content creators?
    • Title 18 US Code 2557
      • Federal law mandates that producers of sexually explicit content must maintain detailed age verification records for all performers.

Voting

  • Age permitted to register to vote in the state
    • New Hampshire Law – 654:7 and 654:12
      • I. Any person registering to vote shall be:
        • (a) At least 18 years of age on the day of the next election; and
        • (b) A United States citizen; and
        • (c) Domiciled in the town or city in which the applicant is registering to vote and not otherwise disqualified to vote.
    • Federal Law:
  • Age permitted to vote in the state
    • New Hampshire Law – 654:7
      • Must be 18
  • What Identification requirements are needed to vote on a regular ballot
  • New Hampshire Specific Voting Regulations
    • New Hampshire 654:2-a
      • I. The domicile for voting purposes of a person confined in a penal institution shall be the town or city in New Hampshire in which such person had his or her domicile immediately prior to such confinement, even though such person no longer maintains a domicile in said town or city and even though his or her intent to return thereto is uncertain. The domicile for voting purposes of a person confined in a penal institution shall not include the municipality where the person is confined unless the person was domiciled in that municipality prior to confinement. If the person was domiciled immediately prior to confinement in the municipality where the person is confined, the person shall be considered absent for purposes of voter registration and absentee voting during the period of confinement.
      • II. A person confined in a penal institution whose domicile is in a town or city in New Hampshire shall be eligible to vote in state elections and shall exercise that right by absentee ballot provided:
        • (a) The person complies with all other applicable requirements and qualifications of the state of New Hampshire, including, but not limited to, the requirement that an absentee voter take the steps necessary to have his or her name placed on the voter checklist no later than 10 days before an election and the requirement that the absentee voter take the steps necessary to make sure that his or her ballot is received by the town or city clerk from whom it was sent by 5:00 p.m. on election day. A person confined in a penal institution shall use the mail to comply with all applicable requirements and qualifications.
        • (b) The person is not registered to vote or eligible to vote in any other state or election district of a state or in any territory or possession of the United States.
        • (c) The person is not a citizen of another state.
  • What Identification requirements are needed to vote on a Provisional ballot
    • New Hampshire 654:7-a
      • You may register to vote on the day of the election and vote on a regular ballot if you bring all required documents

Legal

  • Laws on Presenting Identification to Law Enforcement
    • Under what circumstances is a person required to show ID to police?
      • New Hampshire 594:2 – ID not required unless you are under arrest
        • Questioning and Detaining Suspects. – A peace officer may stop any person whom the officer has reason to suspect is committing, has committed, or is about to commit a crime. An officer may request the person’s name and address, but the officer shall not arrest the person based solely on the person’s refusal to provide such information.
      • Federal Law: Terry v. Ohio, 392 US
        • When an officer has reasonable suspicion that the person is involved in a crime
    • Can you be detained or arrested for refusing to show ID?
      • No
        • New Hampshire 594:2
          • Questioning and Detaining Suspects. – A peace officer may stop any person whom the officer has reason to suspect is committing, has committed, or is about to commit a crime. An officer may request the person’s name and address, but the officer shall not arrest the person based solely on the person’s refusal to provide such information.
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
      • Not a stop and identify state – must only provide name and address
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
  • Public Place ID Requirements
    • Are there any public areas where a person must carry ID?
      • Only if attempting to buy age restricted material (alcohol, tobacco, etc)
    • Are there curfew or loitering laws requiring ID verification?
      • New Hampshire 644:6
        • I. A person commits a violation if he knowingly appears at a place, or at a time, under circumstances that warrant alarm for the safety of persons or property in the vicinity. Circumstances which may be considered in determining whether such alarm is warranted include, but are not limited to, when the actor:
        • (a) Takes flight upon appearance of a law enforcement official or upon questioning by such an official.
        • (b) Manifestly endeavors to conceal himself or any object.
        • (c) Has in his possession tools or other property which would lead a reasonable person to believe a crime was about to be perpetrated.
        • (d) Examines entrances to a structure which the actor has no authority or legitimate purpose to enter.
        • II. Prior to any arrest under this section, unless flight or other circumstances make it impossible, a law enforcement official shall afford the actor the opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and give an account for his presence and conduct. Failure to identify or account for oneself, absent other circumstances, however, shall not be grounds for arrest.
  • Traffic Stops and ID Requirements
    • Are you required to provide an ID when pulled over by law enforcement?
      • Yes – New Hampshire 263:2
        • Every person driving a motor vehicle shall have his driver’s license upon his person or in the vehicle in some easily accessible place and shall display the same on demand of and manually surrender the same into the hands of the demanding officer for the inspection thereof. No person charged with a violation of this section shall be convicted if, within a period of 48 hours, he produces in the office of the arresting officer evidence that he held a valid driver’s license which was in effect at the time of his arrest.
    • What are the consequences of refusing to show ID during a traffic stop?
      • Arrest – unless the individual can provide evidence of a valid licence
  • Passenger ID Requirements in Vehicles
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • No
    • Can passengers legally refuse to provide ID?
      • Yes unless they are actively committing a crime
  • Curfew Laws for Minors
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • New Hampshire 31:43-c
        • In all such cities and towns it shall be unlawful for any minor under the age of 16 years to be upon any public street, or in any public place, after the hour of 9 o’clock in the evening, unless accompanied by a parent, guardian, or other suitable person.
    • What are the penalties for violating curfew laws?
      • New Hampshire 31:43-e
        • Any parent, guardian, or person having the control of any minor under the age of 16 years who shall permit any such minor to be upon any public street or in any public place in any such city or town, in violation of this subdivision, shall be guilty of a misdemeanor.
      • New Hampshire 31:43-f
        • For the first violation of this subdivision by any child it shall be taken to its home by the officers, and the parents or guardian shall be notified of the penalty for any subsequent violation.
  • Trespassing and ID Requirements
    • Can police demand ID if someone is suspected of trespassing?
    • What are the consequences of refusing to provide identification in such situations?