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Bills We Are Watching in 2023

Frances Trousdale • February 1, 2023

With a strong majority of Americans supporting cannabis legalization, more states continue to join efforts to legalize every year. In 2023, there are at least 15 states working to legalize recreational cannabis: Delaware, Hawaii, Iowa, Indiana, Kentucky, Minnesota, Mississippi, Nebraska, New Hampshire, Oklahoma (through a ballot initiative), South Carolina, Tennessee, Texas, and West Virginia. Together, they represent more than half of the 29 states that have yet to legalize.


In many of these states, legalization efforts face opposition. In fact, in eight of the states, proposals for adult-use cannabis legalization are coming before the state establishes marijuana decriminalization or legalizes medical use. In Iowa, Indiana, Kentucky, South Carolina, Tennessee, and Texas, neither marijuana decriminalization nor medical-use legalization has yet been successful. In Nebraska, recreational legalization efforts were introduced before medical use was legalized. Lastly, in West Virginia, proposals to legalize adult use marijuana use precede decriminalization. These expeditious legalization efforts speak for themselves. The country is eager to allow marijuana use despite geographic and political differences. 


While all of these states are ultimately working towards the same goals of marijuana legalization, the provisions set forth in the policies vary greatly. At Last Prisoner Project (LPP), we believe that justice is not achieved through simple legalization, but through undoing the harms caused by prohibitionist policies. Legalization efforts must include retroactive relief through state-initiated resentencing and record clearance. 


Resentencing, which involves individuals still serving their sentence, can result in the reduction of a criminal sentence. Record clearance, which involves people who have finished their sentence, removes a specific event from an individual's criminal record. It is essential that both of these processes are state-initiated, requiring no action from the impacted individuals and instead putting the burden on the state.


We were thrilled to see that both of our policy priorities were contemplated to some extent in many of the state legalization proposals. We are particularly interested in the policies proposed in Hawaii, Minnesota, Oklahoma, Tennessee, and the District of Columbia. 


In Hawaii, HB 237 is a cannabis legalization bill that provides for both record clearance as well as resentencing. Importantly, the record clearance mechanism is state-initiated, requiring no action from the impacted individuals. While the resentencing process does require impacted individuals to file a petition to the court, LPP was nonetheless excited to see its inclusion as a laudable effort to provide pathways to release for individuals behind bars for cannabis.


In Minnesota, the marijuana legalization bills, HF 100 and SF 73, include provisions for both state-initiated record clearance and petition-based resentencing. For resentencing, the bill proposes the creation of a Cannabis Expungement Board to review cannabis-related felony convictions for sentence modification. For record clearance, LPP was thrilled to see that the bill includes a state-initiated process.


In Oklahoma, SQ 820 is a ballot initiative that will leave the question of legalization up to voters on March 7th. Polls suggest a majority of voters support legalization, and the measure is likely to pass. While the bill includes mechanisms for both record clearance and resentencing, both provisions are unfortunately narrow in scope and petition-initiated. However, LPP was thrilled to see the inclusion of criminal justice in the first place.


In Tennessee, HB 85 proposes a surprising legalization bill that comes before the state decriminalizes marijuana or allows medical use. Facing a conservative state House, Senate, and Governor, the bill is unlikely to pass. Nonetheless, it’s worth noting that it includes a provision for state-initiated resentencing that is broader than any other state's resentencing proposal. Interestingly, the bill provides no mechanisms for record clearance or sealing. While unlikely to pass, its inclusion of a state-initiated resentencing process speaks to the growing importance of criminal justice reform in marijuana legalization – in blue and red states alike.


Additionally, nine states have proposed policies surrounding marijuana-specific record sealing and resentencing, separate from legalization bills. 


In three of these states – Alaska, Illinois, and Maryland – LPP was thrilled to see that the record clearance bills provide for state-initiated processes, so individuals deserving of relief will receive it without needing to petition the court. 


In Missouri, where adult-use cannabis was legalized this past fall, there was a marijuana-related resentencing bill introduced. HB 504 would allow for early release of individuals who are still serving sentences for marijuana-related offenses. 


In the District of Columbia, LPP was excited to see that Bill 52 contemplates both state-initiated resentencing and automatic record clearance. 


While the viability of these bills – and the processes that they propose – vary greatly, they nonetheless come together to send a clear message: the public is eager to legalize cannabis. This eagerness pervades expected geographical and political bounds, with legalization efforts coming from a variety of states with a variety of champions. Furthermore, it is clear that cannabis justice reform is an important factor in these efforts, being included in a majority of the bills at some level. With this said, the provisions for resentencing and record clearance could be improved upon in nearly every bill, and LPP is committed to supporting states interested in doing so. 


Learn more about our policy work here.

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.
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.
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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