A bill to allow individuals with past marijuana-related offenses to petition for annulment of their records has been approved by a key New Hampshire committee.
The New Hampshire House Criminal Justice and Public Safety Committee unanimously (13 to 0) approved House Bill 196 today. The proposal was introduced in January by a bipartisan group of five lawmakers led by State Representative Jonah Wheeler.
If enacted, HB 196 would apply to individuals previously arrested or convicted for possessing up to two ounces of dried marijuana flower, up to five grams of hash, or any amount of marijuana that is legal for adults 21 and older to possess under New Hampshire law (allowing the measure’s effect to be expanded if the state were to legalize cannabis). Those eligible could petition the court to have their arrest or conviction records annulled, provided they have completed their sentence.
Under the bill, prosecutors would have 14 days to object to an annulment request, requiring them to prove by clear and convincing evidence that the offense does not qualify or that expungement would not be in the interests of justice. If no objection is filed, the court must grant the petition. The bill also establishes a presumption in favor of granting annulments due to the legalization of marijuana and the historical disproportionate enforcement of marijuana laws. Additionally, all fees associated with the annulment process would be waived.
The committee’s unanimous approval signals strong bipartisan support for revisiting past marijuana convictions. The bill now moves to the full House for consideration.
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