Drug Cases

Most criminal drug offenses in New Hampshire are defined in NH RSA 318-B, the so-called New Hampshire “Controlled Drug Act.”

This act prohibits not only the possession of certain drugs, but also regulates the transportation, sale, manufacture and other activities with regard to controlled drugs. The act regulates not only so-called obviously illegal drugs, but also the misuse of otherwise legal prescription drugs.

The severity of the penalty that an individual faces in New Hampshire for a violation of the New Hampshire Controlled Drug Act depends on several factors. The penalties range from misdemeanor offenses for simple possession of certain drugs, all the way up to Class A felonies that subject the individual to extended terms at the New Hampshire State Prison. Which specific sentence the individual is facing depends on several factors including the type of drug involved, the specific act, (i.e. possession versus manufacture or sale) and the quantity of drug involved.

It should also be noted that the New Hampshire Controlled Drug Act applies not only to drugs easily recognized as illegal, but also to drugs that New Hampshire refers to as “controlled drug analogs.” Under NH RSA 318-B:1VI-a, a controlled drug analog is defined as a “substance that has a chemical structure substantially similar to that of a controlled drug and that was specifically designed to produce an effect substantially similar to that of a controlled drug.”

These are sometimes known in the street vernacular as “designer drugs.”

It is common for someone to purchase, often from a foreign country, certain controlled drug analogs for which a representation will incorrectly exist that they are “legal in the United States.” However, if the drug is of a substantially similar chemical structure to a prohibited drug, then the possession, manufacture, sale, etc. of this “controlled drug analog” subjects an individual to similar penalties.

In addition, the possession of certain objects intended for use, or customarily intended for using and ingesting, inhaling, or otherwise introducing drugs into the human body are also prohibited, as well as are substances represented to be, even if falsely, controlled drugs.

The above is provided as a summary of some of the laws in New Hampshire regarding controlled drugs, and should not be considered an exhaustive list of offenses. For personal advice regarding any particular situation please contact a New Hampshire lawyer.