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Committee hears bill to proactively annul low‑level past cannabis convictions
Summary
HB 196 would direct the Department of Safety to annul certain past misdemeanor or violation-level cannabis possession convictions or permit individuals missed in a proactive process to petition the court. Supporters framed the bill as a way to clear obstacles to housing, employment and federal benefits for people with old records; law enforcement
Concord — Lawmakers debated HB 196, a bill that would direct a proactive process for annulling past misdemeanor and violation-level cannabis possession convictions and allow petition for those missed by the proactive review.
Representative (sponsor) said the bill is intended to help people whose records still show convictions for low-level cannabis possession even as state policy has moved away from frequent criminal prosecution. "The point behind the legislation is similar to what the spirit behind governor Sununu's decriminalization law and its annulment provision was...the state is moving forward on this issue as other states have," the sponsor told the committee.
Supporters included Heather Marie Brown, a patient-representative on the therapeutic cannabis oversight board, who described her own difficulty navigating the existing annulment petition process and said the administrative burdens and legal costs discouraged eligible people from seeking relief. "It was such a long and meticulous ... process ... it was going to cost me more money that I just unfortunately didn't have," Brown said, describing the current petition practice as effectively inaccessible to low-income people.
Joe Hannon, a former state representative and an advisory board member for the New Hampshire Cannabis Association, also supported the bill, saying that records can impede housing, federal benefits and employment. Dr. Hannon and other witnesses urged the committee to consider the bill as restorative of people who served punishments when the law was stricter.
Law-enforcement testimony voiced concern about sweeping, automatic annulments and the potential for annulling the records of people with more extensive criminal histories. Sergeant/Lieutenant (New Hampshire Association of Chiefs of Police) said the current annulment process allows an individualized review and cautioned that a wide sweep "kinda loops everybody in" including people who may have additional charges on their records.
Major Bright of the state police asked whether the Department of Safety had systems and resources to conduct the proposed record review and whether the office could implement the directive within an 18-month window. Committee members asked for fiscal and IT capability information and said they would seek a fiscal note from the Department of Safety.
Supporters stressed the bill would not affect people currently serving sentences, would only cover misdemeanor and violation-level charges for cannabis possession and would allow missed individuals to petition the court. The sponsor noted similar "clean-slate" laws in other states but said HB 196 is narrower in scope.
No committee vote was taken. Several members asked the sponsor to coordinate with the Department of Safety to determine implementation feasibility and cost and to provide clarifying language for how the department would identify and process eligible records.
Ending note: The committee signaled interest but asked for fiscal and technical details from the Department of Safety before further action.
