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LPP and NCDB Establish Cannabis Justice Initiative

Mar 23, 2021

Effort Will Focus on Pursuing Multiple Avenues of Relief, Including Clemency, Compassionate Release, Expungement, and Reform, on Behalf of Those Directly Impacted by Cannabis Convictions and Their Collateral Consequences



Last Prisoner Project and National Association of Criminal Defense Lawyers logos

Despite state-regulated adult-use and medicinal marijuana taking hold across the country, hundreds of thousands of people continue to be arrested and incarcerated for cannabis-related activity. LPP and NACDL are focused on assisting those left behind by these laws — people who continue to face punishment for conduct now legal in dozens of states.


“With the legalization of cannabis sweeping the nation, state and federal actors must prioritize back-end relief for those still suffering under our nation’s unjust and inequitable approach to cannabis policy,” said
Last Prisoner Project Executive Director Sarah Gersten. 

“The
Cannabis Justice Initiative will allow LPP and NACDL to scale our efforts to repair these harms by providing the broadest possible relief to individuals senselessly burdened by cannabis-related convictions.”


As it stands, the only legal avenues available to those left languishing in our nation’s prisons and under the yoke of cannabis-related collateral consequences after imprisonment are forms of back-end relief. 


To that end, the LPP and NACDL’s
Cannabis Justice Initiative has focused on facilitating clemency, compassionate release, expungement, and broad policy reform on the local, state, tribal, and federal level. 


Clemency is an application to the executive authority for a commutation of a sentence or a pardon. Compassionate release may be obtained via an application to prison authorities or, where statutorily authorized, a motion to the court in which the original sentence was imposed. An expungement is a process of sealing or erasing criminal convictions in the eyes of the court.


The
Cannabis Justice Initiative will recruit, train, and support volunteer attorneys to assist individuals seeking clemency and compassionate release. Cannabis Justice Initiative provides infrastructural support for local groups helping those suffering consequences for past cannabis convictions. 


NACDL and LPP are confident their
Cannabis Justice Initiative will make great strides in creating a world where no one continues to serve time for or remain burdened by the collateral consequences of a past cannabis conviction. The initiative will also advocate for continued reform of criminal drug laws, including legislative provisions that allow for the expansive and standardized expungement of cannabis-related criminal records. 


“NACDL has long called for an end to the so-called ‘War on Drugs,” said
NACDL President Chris Adams. “The damage wrought by decades of treating drug use and abuse as a criminal legal system matter rather than as a public health matter is immeasurable—lives, families, communities, all destroyed. This initiative will help right at least some of those wrongs.”


If you are interested in serving as a volunteer or pro-bono attorney for the
Cannabis Justice Initiative, please visit https://www.nacdl.org/cannabis to learn more.


The
Cannabis Justice Initiative, a joint project of the Last Prisoner Project and the National Association of Criminal Defense Lawyers, will enhance NACDL’s Return to Freedom Project, a series of programs designed to provide pro bono representation for those seeking relief from harsh sentences and the collateral consequences of convictions. NACDL’s Return to Freedom Project is led by NACDL Executive Director Norman L. Reimer and Project Manager Steven Logan.


By Stephen Post 25 Mar, 2024
Date and time: Wednesday, March 27 · 12 - 1pm PDT Location: 1 Frank H. Ogawa Plaza Oakland, CA 94612 Primary Press Contact: Amber Senter, Executive Director of Supernova Women amber@supernovawomen.com Supernova Women alongside Last Prisoner Project , Drug Policy Alliance , and the California cannabis and California justice communities will hold a press conference at Oakland City Hall 12pm PST, to call on the federal government to decriminalize and deschedule cannabis. They will be joined by celebrity advocate Rosario Dawson. The call to action is being held in solidarity with the bi-partisan Unity Day of Action for comprehensive cannabis legalization occurring in Washington D.C. on April 18th. At the press conference, Supernova Women, Last Prisoner Project and Drug Policy Alliance will launch their sign-on letter from California cannabis stakeholders and justice advocates to President Biden calling for him to “support the descheduling of marijuana from the CSA and to take action to ensure that the federal government begins the work that California and now so many other states have started -- to acknowledge, end and address the harms of criminalization and to shift the federal government towards a federal framework that better promotes public health, public safety, equity and the will of the American people.” California stakeholders who support marijuana federal decriminalization are invited to sign-on to this petition . “The U.S. Department of Health and Human Services has suggested moving cannabis to Schedule 3, but this half-measure still perpetuates injustice, especially in Black and Brown communities.” Said Amber Senter, Co-Founder and Executive Director of Supernova Women. “It's time for complete descheduling to end the disastrous era of cannabis criminalization.” Despite 24 states and the District of Columbia having moved forward with adult-use cannabis laws, Congress has failed to send the President a comprehensive cannabis bill. The MORE act has passed the house twice led by Congresswoman Barbara Lee and Congressman Earl Bluemnaur. The Senate however has yet to vote on a comprehensive reform package. “Both Congress and the Biden Administration have an opportunity and responsibility to take immediate and comprehensive action to end our country’s failed approach to marijuana and right it wrongs. In order to end federal marijuana criminalization, marijuana must be descheduled – removed entirely from the Controlled Substances Act,” said Cat Packer, Director of Drug Markets and Legal Regulation at the Drug Policy Alliance. “From the streets of Oakland to the halls of Congress and the front gates of the White House, the people are demanding the full legalization of cannabis and the release of all cannabis prisoners.” Said Jason Ortiz, Director of Strategic Initiatives for the Last Prisoner Project. “This issue is the most popular and bi-partisan issue in American politics. 70% of Americans support legalization, and we look forward to reminding the President of this fact, his campaign promises, and of our power to hold him accountable.” Scheduled speakers include: Amber Senter, Supernova Women Jason Ortiz, Last Prisoner Project Cat Packer, Drug Policy Alliance Rosario Dawson Julia Arroyo, Young Women's Freedom Center Evelyn LaChapelle, The Weed Lady Ross Gordon, National Craft Cannabis Coalition Jehan Laner, Immigrant Legal Resource Center Etienne Fontain, Veterans Action Council Ellen Komp, California NORML Chaney Turner, Oakland Cannabis Regulatory Commission More information about the event can be found at: https://tinyurl.com/yc27k64t ABOUT SUPERNOVA WOMEN Founded by Black and Brown women in 2015, Supernova Women is a 501(c)3 nonprofit organization that works to empower Black and Brown people to become self-sufficient shareholders in the cannabis and natural plant medicine space through education, advocacy, and network building. ABOUT LAST PRISONER PROJECT The Last Prisoner Project is dedicated to freeing those incarcerated due to the War on Drugs, reuniting their families, and helping them rebuild their lives. As laws change, there remains a fundamental injustice for individuals whose conviction is no longer a crime. We work to repair these harms through legal intervention, constituent support, direct advocacy, and policy change. Visit www.lastprisonerproject.org or text FREEDOM to 24365 to learn more. ABOUT THE DRUG POLICY ALLIANCE The Drug Policy Alliance is the leading organization in the U.S. working to end the drug war, repair its harms, and build a non-punitive, equitable, and regulated drug market. We envision a world that embraces the full humanity of people, regardless of their relationship to drugs. We advocate that the regulation of drugs be grounded in evidence, health, equity, and human rights. In collaboration with other movements and at every policy level, we change laws, advance justice, and save lives. Learn more at drugpolicy.org .
By Stephen Post 21 Mar, 2024
The company’s $100,000 donation to Last Prisoner Project in December of last year has already made big impacts to those most affected by the War on Drugs. PHOENIX, Ariz. (February 26, 2024) – HBI International, established independent and international producers of the RAW® brand of plant-based rolling papers and innovative smoking accessories, is honored to share that the company’s 2023 donation to Last Prisoner Project, is seeing profound impacts on individuals who have recently been released from incarceration on cannabis-related charges. The company donated $100,000 to Last Prisoner Project, an organization that aims to free everyone incarcerated for cannabis charges through public education and advocacy, in December, 2023. Half of the funds were allocated to provide re-entry support for those recently released from prison on cannabis-related charges. The other half of the donation is allocated toward funding programs to assist those who were incarcerated under non-violent, cannabis-related crimes. “While our customers are rolling up with our papers, thousands of people remain wrongfully jailed for nonviolent cannabis offenses,” said Josh Kesselman, founder and CEO of the company behind RAW. “We are proud to be part of the solution through our donations to Last Prisoner Project, an organization that is truly putting in the work to reform our criminal justice system.” The Last Prisoner Project recently shared the real-life stories of constituents working to rebuild their lives who have been impacted by RAW’s donation. The affected individuals include Kyle Page, who spent six years incarcerated for a non-violent cannabis offense, and Stephanie Shepard, who was sentenced to ten years in the Federal Bureau of Prisons for a first-time, non-violent cannabis offense. Shepard now serves as the Last Prisoner Project’s director of advocacy and chairwoman on the board of directors. “We are grateful for the generous donation from Josh Kesselman and the team at RAW, which has helped us facilitate the liberation of non-violent cannabis offenders, as well as fund our push for systemic change,” said Mary Bailey, managing director at Last Prisoner Project. “In just a few short months, RAW’s donation has provided significant impacts to our organization.” Officially launched in 2005, following years of research and development, RAW Rolling Papers has garnered a reputation for excellence. The minimalist branding, plant-based materials, and smooth smoking experience have elevated RAW into an iconic brand recognized around the world. RAW produces a large portfolio of rolling papers, cones, tips, apparel, and other smoking gear. The Last Prisoner Project was founded in 2019 with a mission to reform America’s policy of cannabis prohibition and free those incarcerated due to the impacts of the War on Drugs. The organization works toward policy changes, provides re-entry support to newly released individuals, and engages in direct advocacy for criminal justice reform. ### About RAW Rolling Papers Headquartered in Phoenix, Arizona and launched in 2005 by Josh Kesselman, RAW is an independent, global brand producing plant-based rolling papers and other smoking accessories. Their unbleached, slow-burning papers are the preferred product for millions of smokers. The company is committed to sustainability and social good and, through its RAW Giving initiative, has provided millions of dollars in direct cash contributions for many charities, including those that work to provide access to clean water and rescue homeless pets. For more information, visit: rawthentic.com . About Last Prisoner Project The Last Prisoner Project is dedicated to freeing those incarcerated due to the War on Drugs, reuniting their families, and helping them rebuild their lives. As laws change, there remains a fundamental injustice for individuals whose conviction is no longer a crime. We work to repair these harms through legal intervention, constituent support, direct advocacy, and policy change. Visit www.lastprisonerproject.org or text FREEDOM to 24365 to learn more. Media Contact: Sadie Thompson Proven Media 602-527-0794 sadie@provenmedia.com
By Sarah Gersten 20 Mar, 2024
Testimony of Sarah Gersten Executive Director and General Counsel Last Prisoner Project Before the Connecticut Joint Committee on Judiciary in SUPPORT of SB 444 March 20, 2024 Members of the Judiciary Committee, Thank you for the opportunity to testify in support of SB 444, and, more importantly, for raising this critical bill to further a just approach to cannabis in Connecticut. My name is Sarah Gersten, and I am the Executive Director and General Counsel of the Last Prisoner Project, a national, nonpartisan nonprofit organization focused on the intersection of cannabis and criminal justice reform. I am also a resident of West Hartford. Through policy campaigns, direct intervention, and public advocacy, LPP works to redress the past and continuing harms of unjust cannabis laws. We are committed to offering our technical expertise to ensure that Connecticut fully redresses the harms of cannabis prohibition in the wake of legalization. This Committee passed a similar measure last session, but unfortunately, that bill did not become law. Nevertheless, its introduction revealed that there were 4,248 pending cases for an offense invalidated by the legalization of cannabis. Thanks to the leadership of Chief State Attorney Patrick Griffin and the diligence of each State's Attorney's Office across Connecticut, 1,562 cases for outdated charges were dismissed. This session, we owe it to families across the state to finish the job by creating a sentencing modification procedure that allows individuals charged under outdated laws to have their sentence reevaluated in light of legalization. According to data obtained from the Department of Correction just this month, there are 476 individuals currently serving a sentence for an offense that would be eligible for reconsideration; 682 individuals with eligible co-mingled offenses who have been charged and sentenced; and 107 individuals charged and awaiting sentencing for an eligible offense. Let that sink in: there are more than 1,200 people who continue to bear the consequences, some even currently incarcerated, for the same activities we now tax, regulate, and make a profit off of. Here in Connecticut, the legal market brought in over $2 million just in the first week of sales, and the state is poised to earn over one billion dollars in tax revenue over the next five years. Requiring courts to reconsider cannabis-related sentences since prohibition’s repeal is a critical piece of legalizing the right way, with accountability to the origins of prohibition. It is a data-driven policy supported by a wide body of research showing that reconsidering outdated sentences promotes public safety. Providing a pathway to relief for individuals whose continued incarceration is no longer in the interests of justice ensures limited public safety resources like prosecution, courts, and corrections are prioritized for actual risks to the community. The practice of continuing to imprison individuals involved with cannabis activity undermines the important goals of our justice system–at the taxpayer’s expense. Directing these scarce resources at unnecessary incarceration has a poor return on investment. Connecticut has one of the highest costs of incarceration in the country. According to a recent OLR Report , for FY 2021, the average annual cost of housing an individual in CT DOC custody was $249 per day, or $90,885 a year. Our state should not continue footing the bill for unjust penalties that are out of touch with the perspectives of its residents and that do not benefit the state’s interests. The provisions of SB 444 are based on best practices other states have adopted to address sentences handed down during cannabis prohibition. This includes states like Virginia, where a similar cannabis-centric sentence modification bill passed the General Assembly and is currently sitting on the Governor’s desk. Rather than relying on each individual to self-identify, thereby clogging the courts with petitions, SB 444 rightly provides a straightforward court-initiated process for resentencing hearings that maximizes efficiency. If implemented, individuals in diversionary programs can have their sentences vacated and charges dismissed. Those currently serving a period of conditional discharge or probation may have their supervision lifted. Finally, incarcerated individuals would be eligible to have their sentences reduced, modified to conditional discharge, or released home. As part of our ongoing advocacy on behalf of this bill, we have spoken to various state agencies, including the Judicial Branch, who recommended a few procedural amendments to ensure the implementation of this bill is as smooth as possible. These include provisions such as providing an eligibility look-back period that does not extend further back than January 1, 2000, the earliest year for which there are digital records, and including language to ensure cases compiled by the Judicial Branch are reviewed and validated by the Department of Correction. We recommend the bill be amended to reflect these provisions and stand ready to provide our technical assistance to ensure the bill incorporates these amendments with fidelity. We urge the Connecticut legislature to pass SB 444, and we look forward to continuing to support the legislature in ensuring that no one continues to suffer the most harmful consequence of cannabis prohibition in Connecticut. Watch the full hearing here.
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