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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 Stephanie Shepard February 20, 2025
Roots of Resilience: African American Contributions to the Cannabis Movement Cannabis has deep historical roots, stretching back thousands of years across various cultures, including Africa, where it was used for medicinal and spiritual purposes. In pre-20th century America, hemp was cultivated primarily for fiber, but there is evidence of its use within some African American communities as well. These early connections laid a foundation for a complex relationship between African Americans and cannabis, one shaped by cultural significance, criminalization, activism, and entrepreneurship. This journey reveals a narrative of resilience and influence, showcasing the integral role African Americans have played in the evolution of cannabis culture and policy in the United States. The 1930s marked a pivotal shift with the enactment of the “Marihuana Tax Act” of 1937, which effectively criminalized cannabis. This legislation was rooted in racial undertones, strategically associating cannabis use with marginalized communities, particularly African Americans and Mexican immigrants. This racialized narrative was fueled by propaganda that painted cannabis users as violent and dangerous, reinforcing stereotypes that justified harsh legal consequences. The demonization of cannabis laid the groundwork for decades of systemic discrimination and criminalization that would disproportionately impact African American communities. Despite these challenges, African American cultural icons began to reshape the narrative around cannabis during the early 20th century. Louis Armstrong, an iconic jazz musician, openly discussed his cannabis use in interviews. His candor helped normalize its use within African American culture, particularly within the jazz scene, where cannabis became associated with creativity and artistic expression. Armstrong's influence extended beyond his music; he challenged societal norms by embracing cannabis as a tool for relaxation and inspiration, subtly defying the negative stereotypes perpetuated by mainstream society. His legacy continues to inspire artists who view cannabis as an integral part of creative expression and cultural identity. During the 1960s, amid the Civil Rights Movement, cannabis use emerged as a form of counterculture expression among Black Americans in urban areas. The plant became a symbol of resistance and freedom, aligning with the broader struggle against racial oppression. Yet, this association with rebellion also made cannabis a target of political agendas. In the 1970s, the Nixon Administration launched the “War on Drugs,” a policy initiative that disproportionately targeted Black communities. The criminalization of cannabis escalated, leading to skyrocketing arrest rates and significant incarceration disparities. Nixon's advisor, John Ehrlichman, later admitted that the policy aimed to disrupt Black communities and antiwar activists, revealing the racially motivated underpinnings of the drug war. The impact of the War on Drugs intensified during the 1980s under the Reagan Administration, which implemented even harsher drug laws, including mandatory minimum sentences for cannabis offenses. This era further stigmatized cannabis, exacerbating mass incarceration rates among African Americans. The resulting social and economic consequences devastated countless Black families and communities. However, even amid this adversity, resilience emerged. As the criminal justice system disproportionately targeted Black Americans, leaders and activists within these communities began organizing and advocating for change. By the 1990s, discussions around drug reform started gaining momentum, and African American activists played crucial roles in these conversations. They highlighted the racial disparities in drug enforcement and advocated for decriminalization and legalization of cannabis. This period marked the beginning of a shift in public perception, as activists linked cannabis reform to broader social justice issues. This became especially common in rap and hip-hop where many Black artists are advocates still today. In the early 2000s, the push for medical cannabis legalization gained traction in several states. African American activists were instrumental in these movements, advocating for patient rights and access to cannabis as medicine. By the following decade, significant progress was made as more states legalized cannabis for recreational use. This new landscape allowed Black Americans to participate in the industry as advocates and entrepreneurs. Yet, systemic barriers persisted, preventing equitable access to business opportunities. Wanda James emerged as a trailblazer during this time, becoming the first African American woman to own a dispensary in Colorado. Her business, Simply Pure, symbolizes resistance against the racial discrimination historically tied to cannabis prohibition. Wanda’s advocacy extends beyond entrepreneurship—she works tirelessly to influence cannabis legislation and ensure communities affected by criminalization benefit from legalization. Her leadership challenges the status quo and paves the way for a more inclusive industry. Meanwhile, Calvin Johnson, a former NFL superstar, co-founded Primitiv cannabis to highlight the therapeutic benefits of cannabis as a safer alternative to opioids commonly used by athletes. His advocacy challenges the stigma surrounding cannabis use in professional sports and emphasizes the need for reparative justice in communities disproportionately affected by past drug policies. Now in the present, the 2020s represent a pivotal moment in the cannabis movement, as legalization continues to expand and discussions about equity and justice gain momentum. States have implemented measures to address the injustices faced by Black Americans during the War on Drugs, including expungement of records and support for minority-owned cannabis businesses. Donte West is at the forefront of this movement, leveraging his experiences with cannabis criminalization to advocate for equity and systemic change. Through his work with the Last Prisoner Project, Donte inspires others to participate in the cannabis industry and advocate for justice. We have seen a surge of African American entrepreneurs who are redefining the cannabis industry. Jesce Horton, the founder of Lowd and Grand National, is committed to creating opportunities for historically excluded communities while influencing cannabis legislation to promote equitable access. Roger “Ganja Guru” Sterling uses his platform to uplift communities of color and challenge societal narratives around cannabis, while Gibran Washington, CEO of Ethos Cannabis, advocates for inclusivity and justice within the legal cannabis market. Their leadership reflects a new chapter of empowerment and success, breaking down barriers and ensuring diverse voices shape the industry's future, though there is plenty of work still needed to balance the scales of cannabis ownership. Organizations like The Hood Incubator and Free My Weedman are also crucial in paving the way for a more inclusive cannabis space. By supporting Black and Brown entrepreneurs, advocating for equitable policies, and raising awareness about unjust incarcerations, these initiatives work to rectify historical injustices and promote social equity. Kristal Bush, founder of Free My Weedman, combines her entrepreneurial spirit with community advocacy, influencing cannabis policies and empowering marginalized communities. As we honor the contributions of Black individuals and organizations during Black History Month, it is essential to recognize the ongoing struggle of those disproportionately criminalized for daring to be involved with cannabis. From Louis Armstrong’s cultural influence to modern-day entrepreneurs and activists, African Americans have shaped the cannabis movement at every turn. Their resilience and leadership challenge systemic injustice, demand equity, and celebrate cultural identity, paving the way for a better industry for all. To continue supporting this legacy, we can engage in conversations about equity, support Black-owned cannabis businesses, and advocate for policies that promote justice. By acknowledging the past and celebrating the strides of the present, we can build a future that honors the roots of resilience within the cannabis movement.
By Adrian Rocha February 7, 2025
o weeks into President Trump’s second term, cannabis has not surfaced as a leading issue in the early days of his new administration. However, several appointments and two executive orders signed during the first week of his second term will factor into the new administration’s drug and criminal justice policy approach. On his first day in office, President Trump signed an Executive Order (EO) rescinding a slew of EOs signed by former President Biden, including one effectively ending the use of private prisons to house federal prisoners . At the time President Biden signed the EO directing the Justice Department not to renew contracts with private prison firms, it was estimated that around 14,000 individuals incarcerated at the federal level were being held at private prisons. Additionally, President Trump signed another EO encouraging the Attorney General to “pursue the death penalty for all crimes of a severity demanding its use.” During his first term, President Trump voiced his support for seeking the death penalty for drug traffickers. This position was later formalized in a memo by then-Attorney General Jeff Sessions that encouraged federal prosecutors to seek the death penalty in cases involving large-scale drug traffickers. There were concerns at the time that the memo could be used to seek the death penalty for individuals involved in large-scale, state-legal cannabis operations; however, these fears never came to pass. The uncertainty around leadership further complicates the implementation and impact of these two executive orders. President Trump’s Attorney General nominee, Pam Bondi, who will oversee the Justice Department, was confirmed earlier this week. Additionally, the recent resignation of the Director of the Bureau of Prisons (BOP) has left the agency without a leader. During her confirmation hearing, Bonid reiterated her support for the continued implementation of the First Step Act, which could lead to additional releases from the BOP. In a letter to the newly minted Department of Government Efficiency, Senator Elizabeth Warren (D-MA) also encouraged the federal government to look at scaling back the enforcement of federal cannabis laws, broader legalization, and the BOP to pursue compassionate release at greater scale to reduce the size and cost of the federal prison population. In her letter, Senator Warren cites a potential cost savings of $881 million if the BOP were to more zealous seek the release of individuals over age 65, are classified as presenting a minimum or low risk of recidivism, and are found not to be a danger to the safety of any person or the community. LPP has successfully advocated for the release of constituents incarcerated for cannabis via commutations and compassionate release motions, including nine in the first Trump administration. If the goal of a second Trump administration is to divert resources away from government largesse, ending unnecessary cannabis enforcement and granting clemency to those still incarcerated for cannabis is a great way to start.
By Adrian Rocha February 4, 2025
At the Last Prisoner Project (LPP), we know that those burdened by past cannabis convictions deserve true justice by getting their criminal records fully expunged and allowing individuals to move forward without the lifelong barriers. In Maryland, where Governor Wes Moore made history last year by issuing the nation’s most sweeping cannabis pardon order, we are now calling on lawmakers to take the next step: passing SB 432, the Expungement Reform Act of 2025 . A criminal record—whether for a conviction or even just an arrest—can create lasting obstacles to employment, housing, education, and other opportunities. The impact is not just personal; according to research from the Center for Economic and Policy Research, the U.S. economy loses between $78 and $87 billion annually due to employment barriers faced by people with criminal records. These collateral consequences compound the injustices of the War on Drugs and disproportionately affect communities already marginalized by systemic inequities. SB 432 seeks to simplify the expungement process, removing unnecessary bureaucratic hurdles and making it easier for individuals to clear their records. The bill will help thousands of Marylanders—many of whom have already served their sentences—access new opportunities and contribute fully to their communities. In 2024, Governor Wes Moore demonstrated bold leadership by granting pardons to over 175,000 Marylanders with low-level cannabis convictions. This was a critical step toward undoing decades of harm caused by cannabis prohibition. However, the reality is that while a pardon provides some relief, it does not automatically erase a record. Individuals must still navigate complex legal procedures to have their records expunged—a process that can be costly, time-consuming, and confusing. LPP urges the Maryland General Assembly to amend SB 432 to ensure that individuals granted full and unconditional pardons can have their records expunged automatically. Without this critical update, many of those pardoned under Governor Moore’s order will still face barriers to jobs, housing, and other essential services, despite having been officially forgiven by the state. Adrian Rocha, LPP's Policy Director, was recently appointed to the governor's roundtable on expungement, where we hope to provide further expertise on how to fully effectuate cannabis justice through retroactive relief. Research shows that record clearance not only benefits individuals but also strengthens communities. A recent study found that five years after receiving expungement, individuals were less likely to engage in criminal conduct than members of the general public. By increasing access to jobs, housing, and educational opportunities, expungement promotes community reintegration and stability—key factors in public safety. Moreover, Maryland has the opportunity to join 12 other states that have implemented state-initiated expungement for certain offenses, recognizing that individuals should not be required to navigate complex legal systems to obtain relief they are already entitled to. Maryland has already taken significant steps toward cannabis justice, but the job is not done. Passing SB 432 and ensuring automatic expungement for those granted clemency will solidify the state’s commitment to meaningful criminal justice reform. LPP urges the General Assembly to pass SB 432 and amend it to ensure that those who have received full pardons under Governor Moore’s order do not have to wait or fight for the relief they were promised. This is about more than policy—it’s about restoring dignity, removing barriers, and allowing Marylanders to build better futures. The time for action is now. Maryland’s commitment to justice through record relief must extend beyond pardons. Let’s finish what we started. Read our full testimony below:
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