NH bill would allow for annulment of low-level pot records

By RICK GREEN

Keene Sentinel

Published: 03-04-2025 9:00 AM

Convictions for simple marijuana possession would be removed from criminal records under a bill N.H. Rep. Jonah Wheeler of Peterborough says he is sponsoring to help people avoid being stigmatized for an offense that has been decriminalized.

In 2017, New Hampshire made possession of up to three-quarters of an ounce of cannabis a violation-level offense, similar to a speeding ticket, instead of a criminal offense that would go on someone’s record.

Wheeler, a Democrat, said his House Bill 196 would prevent old marijuana possession charges from disrupting people’s lives.

“These are people that have served their sentence, done the time, come out and now the charge that they were incarcerated for is no longer being prosecuted, but they’re still unable to get forward in life,” he told the House Criminal Justice and Public Safety Committee on Jan. 23.

Wheeler noted the point of rehabilitation under the criminal justice system is to eventually allow people to become productive citizens.

Under HB 196, the N.H. Department of Safety would expunge, or annul, the records of anyone who has a misdemeanor or violation-level offense for cannabis. People could also petition a court to have such an offense removed from their record if the state failed to do so.

The Criminal Justice and Public Safety Committee supported the bill unanimously, and it passed the House on a voice vote on Feb. 20.

N.H. Rep. Terry Roy, R-Deerfield, the chairman of that committee, wrote a note to the House in support of the legislation.

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“Given the change in society’s attitude towards cannabis, it makes no sense to allow our fellow citizens to be denied access to housing, jobs, or military service because of something that would likely not be a crime if they did it today,” he said.

“It further reflects society’s will to allow people to learn from their mistakes and not be held back by them, when they have since led lawful lives avoiding criminal activity.”

In online testimony about the bill, there were 32 people in support and eight people against.

New Hampshire is the only state in New England that hasn’t completely legalized the recreational use of marijuana. Republican Gov. Kelly Ayotte has said she does not support legalization.

These articles are being shared by partners in the Granite State News Collaborative. For more information, visit collaborativenh.org.