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New Hampshire Governor Kelly Ayotte has signed legislation protecting the use, custody, mining and staking of digital assets. The measure follows a 2025 law that allows the state treasury to invest some public funds in eligible cryptocurrencies and precious metals.
Law Protects Crypto Payments and Self-Custody
House Bill 639 creates a new state framework called the Blockchain Basic Laws. It prevents state and local agencies from restricting individuals from using digital assets to buy legal goods and services or holding them in self-hosted and third-party wallets.
Government bodies also cannot impose a tax, charge or assessment solely because a digital asset was used as the method of payment. Existing taxes tied to the underlying transaction can still apply. The law defines digital assets broadly. It covers cryptocurrencies, stablecoins, non-fungible tokens and other blockchain-based forms of value or rights.
Mining, Nodes and Staking Gain Legal Protections
The legislation protects people and businesses that operate blockchain nodes or transfer digital assets through blockchain networks. It also protects participation in staking. Home miners, commercial mining businesses and node operators will not need a New Hampshire money transmitter license solely because of those activities. Mining or staking with a person’s own assets will also not be treated as an offering or sale of securities under state law.
The final version adds protection for miners, validators and staking service providers from liability for individual transactions they merely validate. That protection does not cover direct involvement in unlawful conduct.
Digital asset exchanges offering staking services will generally not be treated as selling securities when customers’ assets remain under the exchange’s control or the owner retains control. State officials can still act against companies that falsely describe their services.
Courts May Create a Blockchain Dispute Docket
HB 639 allows the New Hampshire Supreme Court to establish a dedicated blockchain dispute docket within the Superior Court. The docket could hear cases involving smart contracts, blockchain transactions, fraud, breach of fiduciary duty and other complex digital asset disputes. The parties must consent to its jurisdiction.
The governor, with approval from the Executive Council, may appoint an initial presiding justice with experience in law and technology. The bill does not require the court system to create the docket immediately.
People directly affected by violations of the Blockchain Basic Laws can seek declaratory, injunctive or other equitable relief. Courts may award reasonable legal fees when a claimant proves that a defendant deliberately violated the law.
Measure Follows State’s Bitcoin Reserve Law
New Hampshire previously enacted HB 302, which allows the state treasurer to invest up to 5% of certain public funds in precious metals and digital assets. Eligible cryptocurrencies must have averaged a market capitalization above $500 billion over the previous calendar year.
Bitcoin was the only cryptocurrency meeting that threshold when Ayotte signed the measure in May 2025. The law permits the state to hold approved assets directly through secure custody, through a qualified custodian or in a regulated exchange-traded product.
The statute authorizes investment but does not require the treasurer to buy Bitcoin. New Hampshire has not publicly confirmed that it has acquired any digital assets under the law.
State Expands Crypto Policy Without Removing Oversight
HB 639 provides broad protections for lawful blockchain activity, but it does not exempt crypto businesses from federal law or unrelated state rules. Exchanges, custodians and companies handling customer money may still face securities, commodities, anti-money-laundering and consumer protection requirements. The law also preserves state enforcement against false claims involving staking products.
