HB 1539-FN is a bill that allows for additional annulments, resentencings, or discontinuations of prosecutions for certain cannabis offenses. It establishes a process for individuals who were arrested or convicted for possessing marijuana within a certain limit before July 1, 2024, to petition the court for annulment. The bill also automatically annuls all convictions and arrests for misdemeanor or violation level offenses for possession of cannabis and allows individuals convicted of cannabis-related offenses to petition the court for re-sentencing.
The bill establishes a presumption that granting the petition for re-sentencing or annulment would be in the interests of justice due to the decriminalization or legalization of cannabis and the unequal enforcement of cannabis laws. However, this presumption can be overcome if the prosecutor can prove that re-sentencing would not be in the interests of justice. The fiscal impact of the bill is indeterminable.
Statutes affected: Introduced: 651:5-b