Revision: Feb. 11, 2025, 3:51 p.m.
Rep. Wheeler, Hills. 33
January 31, 2025
2025-0192h
09/05
Amendment to HB 196-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to annulling certain cannabis possession offenses.
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Criminal Code; Sentences; General Provisions; Cannabis Convictions and Sentences. Amend RSA 651 by inserting after section 5-b the following new section:
651:5-c Annulment of Certain Arrests and Convictions for Cannabis Possession.
I. Convictions and arrests for misdemeanor or violation-level offenses for possession of cannabis prior to January 1, 2025 shall be annulled by the department of safety and the courts upon petition by a person who has been convicted of such an offense.
II. Any person who believes that he or she is eligible for annulment pursuant to this section may request that the department of safety examine his or her arrest or conviction to determine whether it should be annulled. Should the department of safety fail to annul a qualified record, any person so aggrieved may petition the court without fee for further review of eligibility.
III. Eligible annulments of convictions and violations pursuant to this section shall be granted notwithstanding the existence of outstanding court-imposed or court-related fees, fines, costs, assessments, or charges. Annulments shall not be granted until any sentence of incarceration or probation has been completed except for financial obligations.
IV. By January 16, 2026, and every year thereafter, the department of safety shall publish a report on its website on the number of qualified records removed from its records pursuant to this section. The department of safety shall deliver a copy of the reports to the chairs of the New Hampshire house of representatives criminal justice and public safety committee and the New Hampshire senate judiciary committee.
2 Effective Date. This act shall take effect upon its passage.
2025-0192h
AMENDED ANALYSIS
This bill requires the annulment of misdemeanor or violation-level offenses for possession of cannabis prior to January 1, 2025 upon petition.