New Hampshire Gov. Kelly Ayotte Exempts Herb Tinctures, Extracts from State Liquor Regulations

Last week, New Hampshire Governor Kelly Ayotte signed a bill into law to permanently exempt alcohol-based herbal tinctures and liquid extracts from state liquor regulations.

The newly enacted legislation creates a distinct section within New Hampshire state law that excludes alcohol-based herbal tinctures and liquid extracts marketed as dietary supplements from the jurisdiction of the New Hampshire Liquor Commission (NHLC). The new regulatory framework will go into effect in January 2027.

The development came after grassroots campaigning led by the American Herbal Products Association (AHPA) and after the NHLC required these products to be removed from store shelves immediately in 2025, when it identified a gap in the state’s laws.

“This is a monumental win that codifies and permanently protects consumer access to traditional herbal liquid extracts,” said Graham Rigby, president and CEO of AHPA. “When our industry faced an immediate threat to retail access in New Hampshire, AHPA did what it does best: we engaged, rallied the herbal community, and brought a proactive solution to the table. By working directly with state legislators and regulators, we successfully established a clear legal distinction between alcohol-based herbal tinctures and liquid extracts marketed as dietary supplements and NHLC-regulated liquor.”

AHPA leveraged its regulatory experience and expertise to state regulators and legislators. The collective efforts led by the association’s working group captured the attention of NHLC and State Senator Tara Reardon. They pointed to precedents such as Pennsylvania’s regulatory framework, which exempts non-beverage alcoholic preparations, and worked with NHLC to review and testify in support of amendment language, revising New Hampshire law in a way that passed through both houses of the state’s General Court.

In addition to dietary supplements, the newly enacted language exempts other alcohol-containing non-beverage products, including homeopathic medicines, over-the-counter allopathic drugs, and cosmetics.

“This victory would not have been possible without the dedicated members of our herbal tinctures and liquid extracts working group,” said Rigby. “Their patience, passion, and action fueled the crucial momentum needed to push this across the finish line. AHPA remains fiercely committed to defending botanical stewardship, protecting consumer access, and ensuring our members’ products have a secure, permanent place on standard retail shelves.”