New Hampshire has passed a law protecting the self-custody of cryptocurrencies and establishing a judicial process for blockchain disputes.
New Hampshire's Governor Kelly Ayotte has enacted legislation aimed at protecting the self-custody of digital assets, including the operation of nodes, mining, and staking activities within the state. The bill, known as HB 639, will take effect on August 18, 2026, and also exempts certain participants in the cryptocurrency industry from money transmitter licensing requirements.
This new law ensures that state and local authorities cannot restrict the use of digital currencies for legal purchases or impede self-custody in digital wallets. It further prohibits taxes or fees directly associated with the use of digital assets, although standard transaction fees may still apply. The legislation explicitly safeguards the rights to run nodes, connect with blockchain protocols, and engage in staking activities.
“Laws on fundamental rights in blockchain protect one of the core rights of the digital economy—the right for individuals to control their digital assets,” stated New Hampshire House Majority Leader Keith Ammon.
Additionally, the law clarifies that mining cryptocurrencies and staking personal funds will not be classified as the offering or sale of securities under state law. Miners, node operators, and staking service providers are also shielded from liability for transactions that are strictly technical in nature, although these exemptions are limited to state law and do not override federal regulations.
New Judicial Process for Blockchain Disputes
HB 639 establishes a new judicial process for handling blockchain-related disputes through the state Supreme Court. This process will require a separate order and consent from the involved parties and will cover issues such as regulatory violations, contract disputes, and fiduciary duties. The governor will appoint the first presiding judge with the Executive Council's consent, with a requirement for expertise in law and technology.
Concerns Over Regulatory Oversight
The Department of Securities has expressed concerns regarding the potential reduction of its authority over mining and staking services as a result of the new law. The agency will lose its ability to seek restitution for investors and enforce fines in cases that fall under the new exemptions, and these powers will not be transferred to any other state enforcement body. Furthermore, the fiscal note accompanying the bill highlights ambiguities regarding how smart contracts will interact with existing contract law, which may lead to an increase in litigation.
Continuing Crypto Regulation Initiatives in New Hampshire
HB 639 follows recommendations from the cryptocurrency and digital assets commission initiated by former Governor Chris Sununu, with the goal of attracting responsible blockchain businesses and minimizing legal uncertainties in the state. In May 2025, New Hampshire made history by becoming the first state to permit the establishment of a crypto reserve, allowing the Treasury to allocate up to 5% of specific public funds into precious metals and digital assets. However, a proposed $100 million bond project backed by digital gold was rejected in July 2026 by the Executive Council in a narrow vote.
