This bill, HB 196-FN, amends existing laws concerning the annulment, resentencing, and discontinuation of prosecutions for certain cannabis offenses. It introduces new definitions such as "cannabis," "possession limit," and "cannabis-related offense," and allows individuals arrested or convicted for possessing cannabis within the legal possession limit to petition for annulment of their records. The bill changes the previous threshold from 3/4 of an ounce to the legal possession limit and extends eligibility for annulment to offenses occurring before July 1, 2025. It establishes a presumption that granting annulments is in the interests of justice, reflecting the decriminalization and legalization of cannabis. Additionally, it mandates automatic annulment of misdemeanor or violation-level offenses for cannabis possession, requiring the Department of Safety to remove such convictions from its records within six months of the bill's effective date.

The bill also allows individuals currently serving time for cannabis-related offenses to petition for resentencing, with specific procedures for prosecutor objections, and waives all associated fees to facilitate access to justice. It prohibits prosecutors from pursuing charges related to cannabis offenses for individuals aged 21 and older that occurred before July 1, 2025, unless necessary for dismissal or withdrawal of charges. Furthermore, it includes provisions for vacating guilty verdicts or pleas related to cannabis offenses entered prior to November 15, 2025, if the final disposition was not completed by that date. The bill does not allocate funding or authorize new positions, and its fiscal impact is indeterminable due to uncertainty regarding the number of individuals affected and the costs of additional hearings and administrative actions.

Statutes affected:
Introduced: 651:5-b