Adolescent brains are uniquely vulnerable to addiction. Starting substance use before age 15 makes someone 4-6 times more likely to develop a substance use disorder. New Hampshire has strong laws protecting kids from tobacco and alcohol, but companies found loopholes, rebranding THC as 'hemp,' selling addictive kratom with no age limits, and disguising vapes as highlighters. They exploit every technicality to keep selling addictive products to children.
The following five bills close loopholes that allow companies to market and sell addictive and dangerous products to young people.
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About the Bills
After years of work to restrict tobacco and traditional cannabis sales to minors, corporations found workarounds. They rebranded, reformulated, and exploited technical definitions in state law to sell functionally identical products to the same young people through different legal channels.
Companies have used the following strategies to sell their products:
- Definitional Loopholes: Using technical terminology (like "hemp-derived" vs. "cannabis") to evade age restrictions
- Unregulated Products: Introducing new substances (kratom, nitrous oxide) with no youth protections
- Deceptive Marketing: Packaging addictive products as candy, school supplies, or video games
- Regulatory Gaps: Selling to minors before enforcement systems can catch up
These bills close the loopholes
Senate Bills
SB 624: Hemp-Derived THC Products
Currently, companies sell THC products by labeling them "hemp-derived" instead of "cannabis," exploiting a technicality in federal law. SB 624 prohibits the sale of any hemp-derived THC products to anyone under 21, regardless of labeling.
SB 461: Total THC Measurement
Companies sell high-potency hemp-derived THC products labeled as "compliant" by measuring only one form of THC and ignoring other potent forms that convert to THC when consumed. SB 461 requires measuring total THC concentration, including all forms that become psychoactive, just like we measure total alcohol content in beverages.
SB 557: Kratom Regulation
Kratom is an addictive opioid-like substance that has no age restrictions or safety standards in New Hampshire. Gas stations and convenience stores sell it to minors with zero oversight. SB 557 establishes a 21+ age requirement, prohibits child-targeted packaging, requires warning labels, mandates licensing, and bans synthetic versions.
House Bills
HB 1630: Nitrous Oxide (Whippits)
Nitrous oxide sold for recreational inhalation has no restrictions despite documented brain damage, suffocation deaths, and targeted marketing to teens. HB 1630 prohibits the sale of nitrous oxide for recreational purposes, especially flavored products marketed to youth, while protecting legitimate uses (medical, food service, automotive).
HB 1538: Deceptive Vape Marketing
Vaping companies disguise nicotine products as highlighters, USB drives, smartwatches, and candy to hide use from parents and teachers. HB 1538 prohibits marketing vapes that imitate non-vape products, using child-appealing characters, or include video game features.
Bill
Status
Public hearings will be scheduled on all five bills soon.
You can learn more about how New Hampshire's legislative process works on our About the Legislature webpage, or take one of our advocacy trainings.
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