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.
Take Action
Email House Consumer Affairs about Nitrous Oxide
Email Senate Judiciary about Kratom & Hemp-Derived THC
Share Your Story
Share your experience with these unregulated products marketed to youth:
- Tell us your story. Describe a specific moment when you encountered these products (hemp THC, kratom, vapes disguised as school supplies, nitrous oxide) - whether as a parent finding them, a teacher confiscating them, a healthcare provider treating someone, a young person seeing the marketing, or a business owner competing against unregulated sellers.
- What was the impact? What happened as a result? How did it affect health, school, family, your work, or your community? What did young people tell you about how they got these products or why they used them?
- What would change if these bills pass? How would one or several of these bills make a difference for your family, classroom, patients, or business? What would you say to a legislator deciding whether to support these protections?
Spread the Word: Advocacy Brief
Need help? Contact Sarah Cain (Community Engagement Coordinator) for help taking action or Kate Frey (VP of Advocacy) with policy questions.
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
SB 624: Hemp-Derived THC Products
Companies sell THC products by labeling them "hemp-derived" instead of "cannabis," exploiting a technicality in federal law. Hemp-derived products are already banned in New Hampshire, but SB 624 prohibits the sale of any hemp-derived THC products to anyone under 21 and strengthens penalties for licensed establishments that continue to sell these products.
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.
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
SB 461 - Passed Senate
SB 461
February 5: The Senate voted unanimously to pass SB 461. The bill will advance to the House of Representatives.
January 22: The Senate Judiciary Committee held a public hearing on SB 461.
SB 557 - In Committee
SB 557
February 10: The Senate Judiciary Committee held a public hearing on SB 557.
SB 624 - In Committee
SB 624
February 10: The Senate Judiciary Committee held a public hearing on SB 624.
HB 1538 - Headed to House Floor
HB 1538
February 18: The House Commerce and Consumer Affairs Committee voted to send HB 1538 to Interim Study. The House of Representatives will vote on this recommendation in early March.
February 11: The House Commerce and Consumer Affairs Committee held a public hearing.
HB 1630 - In Committee
HB 1630
February 18: The House Commerce and Consumer Affairs Committee delayed its committee vote to work on an amendment.
February 11: The House Commerce and Consumer Affairs Committee held a public hearing.
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.
