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Biden's State of the Union Highlights Cannabis Justice Progress, But Pardons Leave Many Still Needing Relief

Stephen Post • March 8, 2024

Last night, during his State of the Union address, President Biden made history by being the first president to promote cannabis reform in his speech. While he made the case that the state of the union is strong, thousands of people in federal prisons for victimless cannabis sentences feel the state of cannabis justice is not.


President Biden said he would “keep building trust like I have been doing by taking executive action… directing my Cabinet to review the federal classification of marijuana, expunging thousands of convictions for the mere possession, because no one should be jailed for simply using or having it on their record.”


The President was referring to his October 2022 proclamation where he pardoned all prior federal offenses of simple marijuana possession, a move that was expanded on to bring relief to an estimated 13,000 Americans. In addition, President Biden encouraged the country’s governors to use their clemency power to issue similar grants and initiated the review process that could result in cannabis being re- or de-scheduled.


Cannabis Scheduling Classification Review

In August 2023, the HHS recommended rescheduling cannabis from a Schedule I drug to a Schedule III drug and referred it to the DEA for final approval. The DEA has not yet made a decision. Rescheduling signals the reevaluation of cannabis but not the release of prisoners or relief for those with a criminal record. Only full descheduling and removing cannabis from the Controlled Substances Act could help in ending cannabis-related criminal sanctions.


This is why we at Last Prisoner Project are pushing for more effective strategies for retroactive relief. Regardless of your stance on the Biden administration’s move, this is a moment of progress for the drug policy movement. The question is, how much progress can we achieve if we push for the right reforms? In our latest memo, we explained how President Biden and Congress can leverage the rescheduling of cannabis to create broader criminal legal reform.


Federal Pardons ≠ Expungement

Language is important. President Biden has repeatedly conflated the impact of his pardons, saying that they have expunged or cleared records. Unfortunately, these pardons were limited both in scope and impact. First, very few individuals have federal possession convictions for cannabis, as the vast majority of these charges are prosecuted at the state level. Second, the president excluded a potentially substantial category of offenses by failing to extend this relief to anyone not deemed a “lawful permanent resident” or to military personnel.


Along with being limited in scope, presidential pardons do not clear or expunge criminal records. Therefore, while they provide some relief, they do not remove all collateral consequences like limited access to employment, housing, and loans. Additionally, a federal expungement mechanism doesn’t even exist.⁣ The President should urge Congress to pass a federal expungement statute that addresses federal cannabis offenses.


“Because no one should be jailed…”

While the importance of President Biden’s statement and actions should be lauded, they are still just the first step in the long road toward justice. These pardons have offered hope to thousands of individuals but left others behind. The pardons did not result in the release of any of the estimated 3,000 people still incarcerated in federal prison due to other non-violent cannabis-related convictions.


Furthermore, they do nothing for the tens of thousands of Americans incarcerated on state-level charges, where the vast majority of cannabis-related convictions happen. President Biden’s directive merely opened the door for potential federal decriminalization (if we want federally legal weed, Congress will have to get involved).


So where do we go from here?

First off, the President must wield his pardon power more broadly. He should immediately commute the sentences of those serving federal sentences for conduct involving amounts of cannabis that are far less than what state-regulated dispensaries routinely handle on a daily basis. Then, the President must do more than just call on Governors to pardon people with state-level marijuana convictions—he has to make it easy for them. That would include, but not be limited to, allowing states to access federal dollars to spin up “cannabis pardoning projects”, not dissimilar to what state officials have done in Pennsylvania.


Biden alone cannot fully legalize and regulate marijuana, but his broad clemency power does afford him the ability to free thousands of Americans languishing behind bars for the same activity many now profit from with the stroke of a pen. If he truly wants to right history and repair the harms of our nation’s failed drug war, this initial progress must be followed up with bolder action—action that would actually lead to freedom for cannabis prisoners.


Thus, today, Last Prisoner Project is sending a letter to President Biden reminding him of his clemency power and providing a list of more than 150 individuals we are working to free—people like Edwin Rubis, Ricardo Ashemeade, and Ismael Lira who have collectively served over 60 years in prison for cannabis.


Join us in urging further action on April 18 in Washington D.C. for our 420 Unity Day of Action where we will bring together the largest bi-partisan coalition of cannabis advocacy, industry, and grassroots organizers to uplift the voices of all cannabis prisoners and put pressure on President Biden and Congress to free them all and fully legalize cannabis.

LPP Recognizes Second Chance Month By Honoring Constituents and Fighting for Reentry Resources

By Stephen Post • April 1, 2025
In recognition of Second Chance Month, The Last Prisoner Project (LPP) reaffirms our commitment to ensuring that individuals impacted by the criminal legal system receive the support they need to successfully reenter society. At LPP, reentry is at the core of our mission—providing resources, advocacy, and direct financial assistance to those returning home after incarceration for cannabis-related offenses. We would like to honor the amazing advocates and lawmakers who tirelessly working to offer second chances to our constituents who have been experienced injustice due to the war on drugs. Through strategic policy efforts, LPP has contributed to the clearing or pardoning of over 200,000 cannabis-related records, including Governor Wes Moore’s historic clemency action in Maryland, which impacted more than 150,000 people. LPP is proud to support key pieces of upcoming legislation that could propel this movement forward like the Reentry Act of 2025, which would allow states to provide Medicaid coverage to incarcerated individuals 30 days before their release, ensuring they have access to critical healthcare services. Additionally, we endorse the reauthorization of the Second Chance Act, which has provided essential funding for reentry services nationwide since 2008. We are grateful for the efforts of groups like Just Leadership USA and the Council for State Governments for leading advocacy on these bills. LPP's Executive Director, Sarah Gersten said, “At Last Prisoner Project, we believe that no one should be denied a second chance—especially those who were unjustly criminalized for cannabis. True justice means not just release, but real opportunities to rebuild. We call on lawmakers, businesses, and communities to join us in ensuring that every person impacted by cannabis prohibition has the resources and support they need to thrive.” In 2024 alone, LPP provided over $340,000 in reentry grants, contributing to over $3.5 million in direct financial assistance distributed since 2019. These funds play a critical role in easing the transition for those leaving incarceration, helping them cover essential expenses as they rebuild their lives. LPP has also assisted over 400 constituents directly through legal and constituent service programs, helping to eliminate more than 300 years of excessive sentences. Behind these numbers are real people—like Richard Delisi, Michael Thompson, and Kyle Page—who have turned their experiences into platforms for advocacy and entrepreneurship. The Michael Thompson Clemency Project continues to push for justice for those still incarcerated. Entrepreneurs like Kyle Page, Mario Ramos, Donte West, and Alicia Deals are building businesses that create opportunities for others affected by cannabis criminalization. Leaders like Stephanie Shepard, LPP’s Director of Advocacy, use their platforms to fight for lasting policy change. This Second Chance Month, we celebrate the resilience of our constituents and reaffirm our commitment to ensuring that every person impacted by cannabis prohibition has the opportunity to rebuild and thrive. Join us in advocating for policies like the Reentry Act of 2025 and the Second Chance Act reauthorization to create real pathways to justice and opportunity. By joining forces and advocating for meaningful change, we can pave the way for a society where everyone benefits from the opportunities and benefits of legal cannabis without fear of discrimination or injustice. Together, we can create a brighter future for all. Donate here to help support second chances for our constituents.

HB 132 to Expedite Cannabis Expungement in Hawai'i Passes Senate and Heads to Governor Green

By Adrian Rocha • March 31, 2025
At the Last Prisoner Project (LPP), we believe that no one should remain behind bars or face the lifelong burden of a criminal record for cannabis-related offenses. That is why we have been working since 2021 to ensure that retroactive relief is provided for individuals in Hawai’i who have been criminalized by outdated cannabis prohibition laws. And this week, we got one step closer to justice. Last year, we helped write HB 1595 (now Act 62), which created a pilot project for state-initiated expungement of non-conviction marijuana possession records on Hawai‘i Island and identified over 2,200 records for relief in Hawai’i. Now, HB 132—which just passed the legislature last week—would help speed up their expungement if signed by the Governor. Unlike traditional expungement processes, which require individuals to apply and pay fees, this project shifts the burden to the state, ensuring that those eligible for relief receive it without unnecessary barriers. After just one month of implementation, the pilot project identified 2,268 records potentially eligible for expungement. As of December 13, 2024, the Hawai‘i Criminal Justice Data Center (HCJDC) had reviewed 640 of those cases, leading to 81 expungements, 112 cases pending expungement, and 33 denials, with 414 cases still under review. These numbers demonstrate both the necessity and the challenges of state-initiated expungement, particularly in cases where arrest records lack clear substance classification. While Act 62 was a major step forward, a technical issue in the Hawai‘i Criminal Justice Information System (CJIS) has made implementation far more burdensome than anticipated. Currently, the system does not consistently specify whether a charge under section 712-1249, Hawai‘i Revised Statutes (HRS), was for marijuana or another Schedule V substance. This lack of detail forces HCJDC staff to manually search through arrest and court records, significantly slowing the process. House Bill 132 (HB 132) seeks to resolve this issue with a simple but impactful amendment, making it easier for the state to verify eligibility for expungement. If passed, HB 132 will eliminate the need for extensive manual searches and ensure that more people receive the relief they deserve without unnecessary delays. Expunging non-conviction cannabis-related arrest records is not just about clearing data from government databases—it’s about removing barriers to employment, housing, and other opportunities that so many individuals struggle with due to the collateral consequences of their records. The pilot project and HB 132 are part of a broader movement towards automatic expungement. Twelve other states have already implemented some form of state-initiated expungement, recognizing that justice should not come with a price tag or bureaucratic hurdles. As a member of the Hawaiian Clean Slate Expungement Task Force , LPP will continue to explore expanding eligibility to include conviction records, and HB 132 will serve as an important foundation for further progress. "We are grateful to the Hawai‘i Legislature for recognizing the urgency of this issue and urge Governor Green to swiftly sign HB 132 into law. Together, we are making real progress in dismantling the harmful legacy of cannabis prohibition.,” said Adrian Rocha, LPP's Director of Policy. "We also extend our appreciation to Representatives Tarnas, Belatti, Grandinetti, Iwamoto, Kapela, Kusch, Lee, Marten, Perruso Poepoe, and Matayoshi for their support, the Hawai‘i Criminal Justice Data Center, the Attorney General’s office, the ACLU Hawai’i, Health Harm Reduction, Drug Policy Forum of Hawai'i, Doctors for Drug Policy Reform, Hawai'i Chamber of Sustainable Commerce, Council for Native Hawaiian Advancement, Hawaii Cannabis Industry Solutions, Marijuana Policy Project, and all stakeholders who have worked to ensure the success of this initiative." Let’s ensure that Hawai‘i remains at the forefront of meaningful cannabis justice reform. Tell Governor Green to sign HB 132.

VA Governor Youngkin Vetoes Cannabis Resentencing Bill That Would Have Freed Thousands, But Approves Cannabis Record Relief

By Stephen Post • March 25, 2025
It is with a heavy heart that we share the news that Governor Youngkin has once again vetoed a critical cannabis justice bill. Despite overwhelming support from Virginia’s General Assembly, the governor has chosen to deny relief to thousands of individuals who remain incarcerated or under state supervision for cannabis-related offenses—convictions tied to laws that have since changed. Last year, Youngkin vetoed a similar bill designed by Last Prisoner Project (LPP), denying potential freedom to more than 1,844 people. This year, the legislature advanced two key bills aimed at providing relief. HB 2555 would have created a sentence modification process for individuals still impacted by outdated cannabis laws. Instead of signing this measure into law, Youngkin has once again chosen to uphold the injustices of the past. Luckily, the other bill, SB 1466, which will streamline state-initiated expungements for cannabis offenses, sealing ancillary records such as probation violations and failures to appear related to past cannabis charges, was approved by Gov. Youngkin, but will be sent back to the legislature with amendments. The Commonwealth should be concerned that the Governor admits cannabis is both the cause of and contribution to thousands of individual's criminal sentences but it is unwilling to adopt a solution to prioritize relief while preserving a commitment to public safety by vesting oversight throughout the process. The governor's office ultimately approved record relief for certain cannabis convictions, but for those behind bars, this administration has once again failed to deliver lasting change. LPP has been at the forefront of the fight for justice in Virginia. Our Director of Policy, Adrian Rocha, provided testimony in support of these bills, underscoring the urgent need to right the wrongs of cannabis prohibition. Additionally, LPP's Director of Advocacy, Stephanie Shepard, who herself served time for a cannabis offense, penned a powerful op-ed in Virginia emphasizing the necessity of these reforms and the human toll of continued incarceration. Virginia ended cannabis prohibition in 2021, yet many remain incarcerated for offenses that are no longer crimes. The Virginia Department of Corrections reports an average annual cost of $33,994 per incarcerated individual, while Virginia has generated over $8 million in tax revenue from medical marijuana as of 2023. HB 2555 was a crucial step toward justice—one the Governor has now denied. The governor’s decision ignores the will of the people and the reality that cannabis reform is not only necessary but overwhelmingly popular. Polling shows that 84% of registered voters support releasing individuals incarcerated for offenses that are no longer illegal. With each veto, Youngkin chooses to leave families separated and lives needlessly disrupted, all while Virginia’s legal cannabis industry continues to grow and generate revenue. We want to extend our deepest gratitude to the advocates and organizations who have fought tirelessly for justice, including Marijuana Justice Virginia, Nolef Turns, the Virginia NAACP, NORML, the Virginia Student Power Network, The New Majority Virginia, and Rise for Youth. While this veto is a setback, it is not the end. The fight for cannabis justice continues, and LPP remains committed to ensuring that no one is left behind. We will not stop until every cannabis prisoner is free.
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