New Hampshire Marijuana Convictions Easier to Annul

New Hampshire Marijuana C…

On September 16, 2017, New Hampshire decriminalized possession of under 3/4 ounce of cannabis. Now, anyone with an arrest or conviction for possession of marijuana prior to that will have that arrest or conviction annulled with the help of a New Hampshire criminal defense attorney. On January 1, 2020, the passage of HB 399 amended NH RSA 651:5-b.

The goal of this law is to remove the convictions of people convicted of cannabis possession. Such a conviction can significantly impact citizens' life and future. Some life impacts are being denied a job, federal student aid, public housing, or military eligibility.

What does it cost in state fees to do this? $325.

$125: state filing fee to file petition for annulment. As with any state form, it can be complicated. There is a checklist here.

$100: The Department of Corrections investigation fee to investigate whether any other convictions incurred preclude annulment.

$100: The New Hampshire State Police fee to delete the record from the state criminal records database.

The goal is to get this done quickly. The only hinderance to an appropriately filed petition to annul would be a prosecutor's objection to the petition that must be filed within 10 days of the annulment petition. Judges must grant the petition without a hearing if no objection is filed.

What if the prosecutor objects? You can still have a hearing in court to seek to annul your possession of marijuana conviction.

If you need assistance or have questions about this new law and its benefits, call Reis & O'Keefe at (603) 218-1910.