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By Stephen Post February 26, 2025
Wednesday, February 26th (Washington D.C.) - Despite significant progress in cannabis legalization at the state level, tens of thousands of people remain incarcerated for cannabis-related offenses, licensed cannabis businesses are struggling, and community uplift funds are stalled. With 24 states and Washington D.C. legalizing adult-use cannabis and the federal government cannabis’s reclassification process in limbo, the fight for full legalization and retroactive relief is more urgent than ever. To mobilize the 70% of the public that supports legalization into political pressure, the Cannabis Unity Coalition , the largest bipartisan coalition of cannabis advocacy, industry, and grassroots organizations, is mobilizing for the Cannabis Unity Week of Action , taking place April 28th - May 1st, 2025, in Washington, D.C. This multi-day event will unite advocates, impacted individuals, and industry leaders to pressure Congress and the Trump administration to fully legalize cannabis and implement retroactive relief measures for those affected by prohibition-era policies. The week will start on Monday with the National Cannabis Festival’s Policy Summit at the MLK Library to educate attendees on the policies currently before Congress. Tuesday will begin with a congressional press conference in the morning followed by a welcome ceremony in the U.S. Capitol Visitor Center starting at 2pm. Wednesday will be dedicated to our Lobby Day where attendees will meet with their elected officials on Capitol Hill to advocate for cannabis reform. Lastly, events will conclude Thursday evening with an action outside the White House to honor those still incarcerated for cannabis and demand their freedom via presidential clemency. The Cannabis Unity Coalition is made up of a broad array of advocate groups that span across political boundaries and includes members of the Marijuana Justice Coalition (MJC) like Drug Policy Alliance (DPA), National Organization for the Reform of Marijuana Laws (NORML), Veterans Cannabis Coalition, and Parabola Center; members of the Cannabis Freedom Alliance (CFA) like the Reason Foundation and Law Enforcement Action Partnership (LEAP); Students for Sensible Drug Policy (SSDP), which is a member of both coalitions; and industry groups like National Cannabis Festival, National Craft Cannabis Coalition, National Cannabis Industry Association (NCIA), Minority Cannabis Business Association (MCBA), Indigenous Cannabis Industry Association (ICIA), Asian Cannabis Roundtable, and National Association of Black Cannabis Lawyers (NABCL), FreedomGrow, Marijuana Justice, Doctors for Drug Policy Reform, United Food and Commercial Workers (UFCW) , Supernova Women, Minorities for Medical Marijuana, Midwest Cannawomen, DCMJ, Just Leadership USA (JLUSA), National Association of Criminal Defense Lawyers, and Marijuana Policy Project (MPP). For 2025, in addition to Mission Green, other organizations that have joined us for this year include the Balanced Veterans Network, Latinas in Cannabis, the Equity Trade Network, Cannademix, and Free My Weed Man. “It’s beyond time to legalize cannabis nationwide and expunge records for those incarcerated for cannabis-related offenses,” said Congresswoman Ilhan Omar (MN-05) , newly elected co-chair of the Congressional Cannabis Caucus. "I’m incredibly grateful for the partnership of the members of the Cannabis Unity Coalition and look forward to working together to get this done." Eric Goepel of the Veterans Cannabis Coalition said "Considering the staggering rates of chronic and infectious disease, suicide, and overdose in the US, especially among veterans, we need every tool at our disposable. Cannabis and cannabinoids have immense potential to revolutionize medicine and reduce harm, but that can only be fully achieved through marijuana descheduling, smart legalization, and research funding. We look forward to centering the needs of patients and consumers as part of Unity Week and working with allies to bring critical information to Congress." “As a career law enforcement official, I’ve witnessed firsthand the failed policies of the War on Drugs and the waste of police time and resources that have followed,” said Lieutenant Diane Goldstein (Ret.), Executive Director of the Law Enforcement Action Partnership. “It’s time to end marijuana prohibition once and for all, so that we can free up law enforcement to focus on the biggest threats to public safety, instead of low-level arrests and enforcement that only damage community relations and make it harder for us to do our jobs.” “Cannabis prohibition has destroyed lives, torn families apart, and fueled mass incarceration. Ending it is not just about policy—it’s about justice. We must fully repeal prohibition, expunge records, and free those still behind bars,” said Weldon Angelos, Founder of The Weldon Project & Mission Green, who also had previously been pardoned by President Trump for his cannabis conviction. “It is not enough to simply treat the symptoms of bad cannabis policy; we must fix the problem at its root cause. We can start by stopping arrests today, by releasing all cannabis prisoners and removing the significant barriers to their successful reintegration into our society, and by ending marijuana prohibition once and for all,” said Kat Murti, Executive Director, Students for Sensible Drug Policy (SSDP). “Young people have always been some of the biggest casualties of the War on Drugs. The War on Drugs is a War on Us and we will no longer stand by passively and allow it to be fought in our name.” Sarah Gersten, Executive Director of Last Prisoner Project said, "Cannabis prohibition has devastated countless lives and disproportionately impacted communities of color. We must ensure that justice for those still incarcerated for cannabis-related offenses is part of legalization. Cannabis Unity Week represents a powerful opportunity to unite advocates, industry leaders, and impacted families to demand comprehensive reform, including retroactive relief and clemency.” As more organizations join our fight, individuals interested in attending Cannabis Unity Week can sign up for updates here . Additionally, you can join one of our information sessions on March 5th and April 2nd at 6:30pm EST, sign up here to attend . Those who can’t join us in D.C. can still participate virtually by contacting your federal representatives to #DecriminalizeNow, urging your governor to grant clemency to those in your state, and following along through livestream. Learn more and take action at LPP.la/CannabisUnityWeek . Press contact: Stephen Post LPP Communications Manager stephen@lastprisonerproejct.org
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:
By Stephanie Shepard February 4, 2025
The holidays are a time for joy, family, and reflection. For DeShaun Durham, this past New Year’s Eve marked a profound moment of gratitude and rediscovery—the first time in three years he could celebrate surrounded by loved ones. His journey back to freedom is not just a personal triumph but a testament to the resilience of the human spirit and the urgent need for reform in how we treat cannabis-related offenses. DeShaun’s story begins in Manhattan, Kansas—the "Little Apple"—where he grew up. Like many teenagers, he struggled with depression and found solace in cannabis. By 21, however, his involvement with the plant led to a life-altering experience: a raid on his home that ended with 15 armed officers pointing guns at him. The crime? Possession of 2.4 pounds of cannabis in a state where it remains illegal. The punishment? An excessive sentence of 92 months in prison. The disparity in how cannabis offenses are treated across the United States is glaring. In states like Colorado and California, cannabis is a thriving legal industry. Yet in Kansas, DeShaun’s life was derailed for possessing what many now buy legally. “The prosecutor told me at one of my preliminary hearings that I got caught with cannabis, so that meant I deserved to go to prison,” DeShaun recalls. He’d hoped for probation. Instead, he faced the loss of his twenties and a bleak future. DeShaun’s initial months in prison were harrowing. Transferred to a Super Max facility, he endured inhumane conditions: unbearable heat, 10-by-10 cells, and a mere 15 minutes outside each day. He feared that this might be his reality for the next eight years. Yet, amid the despair, hope flickered. The turning point came when Deshaun decided to apply for clemency. Despite the skepticism of fellow inmates who had seen countless applications ignored, DeShaun pressed on. His determination to reclaim his life was unwavering, even as he anxiously watched Kansas’ gubernatorial election, knowing that a change in leadership could seal his fate. When Governor Laura Kelly, a Democrat, was re-elected, DeShaun’s hope grew stronger. A key figure in DeShaun’s journey was Donte West, a fellow advocate who understood the struggles of incarceration. Through connections and the support of an organization; Last Prisoner Project, DeShaun’s case gained traction. Donte’s commitment to helping others resonated deeply with DeShaun’s situation, and together, they navigated the labyrinth of legal appeals and advocacy. The moment DeShaun learned his sentence had been commuted is one he will never forget. “It felt like my spirit had left my body,” he says, recalling the shock and disbelief. For the prison attorney who delivered the news, it was a rare and remarkable moment in his 30-year career. For DeShaun, it was the beginning of a second chance. Now, as a free man, DeShaun reflects on the broken system that took years of his life. His story is a stark reminder of the urgent need to address cannabis-related incarceration, especially as societal attitudes toward the plant continue to shift. Deshaun’s resolve to use his experience to help others is inspiring. He’s determined to make his voice heard, to ensure that others don’t face the same fate he did. DeShaun’s story is not just his own. It’s the story of countless others who remain behind bars for offenses tied to a plant that is increasingly embraced across the country. It’s a call to action for policymakers, advocates, and communities to push for reform. Most importantly, it’s a reminder that even in the darkest moments, hope and perseverance can light the way to freedom. Last Prisoner Project: First question...how were your holidays? Deshaun Durham: They were good. I'm glad I got to do something on New Year's Eve. Being around my family for the first time in 3 years was nice. It was a great feeling to be able to enjoy that again. Last Prisoner Project: What did bringing in a New Year feel like? It's really New Year, new you from what you did last year to this past year. Since you've been out, you've even gone to a couple of Kansas City Chiefs games, how has that felt for you? Deshaun Durham: It was a good feeling. I'm glad I could spend my new year trying to help others and make their voice heard. Holidays had been taken away for so long that they hit differently. It was hard to be locked up and not be around your family while being in a negative environment when the holidays are supposed to be a happy time. Last Prisoner Project: What have your Christmases, Thanksgivings, and New Year's been like for the past 3 years? Deshaun Durham: I tried not to think about it, taking them as just another day. You don't want to think about moments like that when you're in prison because it makes the time harder. Last Prisoner Project: Can you talk a bit about these past few years and how you found yourself away from your family, where you've been for the past 3 years, and how you got there? Deshaun Durham: I was in a Hutchison Correctional Facility in Hutchison, Kansas. I had gotten caught with 2.4 pounds of cannabis in Manhattan, Kansas. My home was raided, my door was kicked down, and there were about 15 police officers, all with their guns pointed at me... just to find some cannabis. I found it excessive that I had guns pointed at me for a plant that's legal in so many states. I was on bond for 2 years while I worked a job and stayed out of trouble, but they still felt the need to sentence me to 92 months in prison. The prosecutor told me at one of my preliminary hearings that I got caught with cannabis, so that meant I deserved to go to prison. Last Prisoner Project: What's your background? Where did you grow up? Deshaun Durham : I grew up in Manhattan, Kansas, my whole life. Some people call it the Little Apple. Last Prisoner Project: That's funny. When did you become involved with the plant? Deshaun Durham: At a very young age, I was probably in the 7th grade. I know I was a little young, but I was a kid that always got bullied. I struggled with a lot of depression, so I picked it up fairly early on in life, but it helped me through a lot of tough times, growing up. I'm just glad I was able to find a way to help me keep going in life. Last Prisoner Project: Is that why you decided to help bring that to others who may be struggling? Deshaun Durham: That was in 2018. I was going through another tough time because, having a lot of family issues, I had no money and nowhere to go. In my mind, I was thinking, "Oh, it's just weed, everyone loves weed. I'm not going to get in that much trouble for it. I'll probably get probation. I know it's illegal in my state, but I won't get in that much trouble." I'd never been in that kind of trouble before in my life. Reality hit me when they started tossing out the 92 to 144 months, and that's when I began to see I was mistaken about how harsh they would be towards me. Last Prisoner Project: Do you attribute that to being ignorant of the process or naive to the seriousness of where the system was with cannabis? Deshaun Durham: Both. I didn't know what could happen, and I didn't think cannabis was that serious. Last Prisoner Project: You were very young when this all happened. At what age did you get incarcerated? Deshaun Durham: I was 21. Last Prisoner Project: 21. So as a young man facing these 8, maybe more, years in prison that they were throwing out at you. How did you process the sentence you were given when you knew that that was your sentence? Deshaun Durham: Yeah, it was a lot of, you know, just like thinking that like, Oh, I lost my whole twenties, and you know I didn't know what prison was like, you know, I was kind of like, oh, I wonder what's gonna happen? I was just this young kid who's never been in trouble in his life. So you see, all the TV shows and everything like, Oh, people in prison, you know, they're going to do bad things, or this is going to happen, and that's going to happen, and was just ignorant to the situation. I thought prison was a bad place and nothing good would come out of it. I was thinking that my life was over essentially for almost 10 years. I thought I would get out of prison with nothing and be almost 30, and I wouldn't have any friends because they would have all moved on, forgetting about me. Last Prisoner Project: At what point while you were incarcerated did it set in for you when you were sitting there and you thought that this was your fate? Or maybe you didn't. Maybe you were always like, no, I'm going to get out of this. Deshaun Durham: Reality kicked in when I was being processed in Super Max, where I was for four months. It was a rough experience. It was during the summer, there was no A/C, and I was stuck in a 10 by 10 cell. I just remember it being so hot. I had no bed sheets or anything on my bed, and I was thinking, man, I hope this whole 8 years isn't like this! People would try to open the windows to get some relief from a breeze, but then the officers would come in with the maintenance people and cut all the knobs off the windows so people couldn't open the windows. We only got 15 min out every day, so I couldn't talk to my family during that time. I had hope that I could get out early because everyone, even the officers, when I told them how much time I got for what I did, would say, "Oh, you need to appeal. That doesn't even make any sense!" I kept hoping that if other people agreed that it wasn't fair, maybe people higher up would agree with it also. Last Prisoner Project: You spoke about your family. Tell me about your family and how they were affected by your incarceration. Deshaun Durham: I live with my mom, my little brother, my sister, and my mom's husband right now. My dad lives in New Hampshire, and a lot of relatives from my dad's family live in Massachusetts. I have 3 sisters and a brother there. My sisters are twins, and one of them had a baby while I was locked up, so I'm an uncle now. I haven't even had the chance to meet my new niece yet. Last Prisoner Project: Being close to your Mom, in what ways did you see your incarceration affect her? Deshaun Durham: It definitely hurt her. She was really the only person I could talk to when I was having a bad day or when things weren't going right. She didn't want to hear me down and depressed every day. Last Prisoner Project: Did you ever feel the need to hide how down you really were, or did you portray to her that you were doing better than you were, for her benefit? Deshaun Durham: Sometimes. There were times when I didn't want to talk to anyone because I didn't want to burden them with my problems. I just wanted people to enjoy life out there and I was just going to accept the reality for what it was. Last Prisoner Project: You started to feel like there was help for you out there. How did you start your journey to reunite with your family and continue with your life? Deshaun Durham: Between the heat and the poor conditions, I knew I didn't want this to be my foreseeable future. I heard that I could turn in a clemency application. I knew so many people who turned in clemency applications but got nothing. They would say, "Oh, yeah, good luck with that, I've been waiting on my clemency for, like ten years and three governors", but I thought it was worth a try. I filed and also wrote a nice 4-page letter to the governor and told myself, "I turned it in, now I just have to wait." I knew that a Democratic Governor would probably be my best shot at any action. It was an election year for Kansas Governor. I stayed up all night looking through the window of my cell at the TV, watching the election, sweating, and hoping that Laura Kelly won because I knew if she didn't win, my chances might not be as good. Thankfully, she won. It was a relief. I've never been so in tune with an election like that until it directly affected me. Last Prisoner Project: Donte West, at what point did he enter your world? Deshaun Durham: I was in the same place where he served time. When I got sent to Hutchinson, I met another inmate, Antonio Wyatt, and I told him about my case. He told me that he had a similar case, and he said, "Well, I know these people that could help you. I was locked up with my Guy, Donte when I was in Lansing, and we made a pact that whoever got out first, we'll try to get the other out. I could give him your information and have him work on your case because I hate seeing you in the same situation as me, and you're a lot younger than me." If it wasn't for Antonio, I would have never found Last Prisoner Project or Donte, and it probably wouldn't have worked out the same way. Last Prisoner Project: Donte took a huge interest in your case. He's passionate about all that he does as an advocate, but I think something in you, he saw in himself, with your age and different things that you've gone through in the past, it seemed to resonate with him, and he took it to heart and pushed it to the point where you were up for clemency. When you learned about your clemency being granted and that you were going to be released, what was your first thought? Deshaun Durham: I remember the exact moment that I found out because it was a bad day. I was mad because I lost a card game. I hopped on the phone to call my mom, but she told me to call her back in 10 minutes, so I decided to check my messages on my tablet and I saw that I had a message from Mary Bailey, and it was in all caps, GOVERNOR KELLY COMMUTED YOUR SENTENCE! It felt like my spirit had left my body, and I was looking down at myself, I didn't think it was real. Last Prisoner Project: Being told that this nightmare is over must have made the day better. Deshaun Durham: I felt like I was dreaming. The attorney for the prison walked up to me with a letter in his hand and said, "I had to hand-deliver this letter to you, and this doesn't happen often. This is the first time I've seen this happen, and I've been at Hutchinson for 30 years!" He told me to make the best of my opportunity and don't get in trouble again. It was like everyone in the prison, you know, was happy for me because everyone was congratulating me, even the guards were congratulating me. I think it was the first person in Hutch who got that type of relief almost four and a half years early. Last Prisoner Project: It should happen much more. That's why not only was your family rooting for you, but you saw other prisoners and even the officers wanting justice for you. Many people were out here so excited when the announcement was made about your release. When I got home, I felt anxious, how are you feeling? Do you think about how blessed you are by being home so soon? Deshaun Durham: I'm still taking it in and just trying to enjoy life. I'm working at a Chinese restaurant and trying to save as much money as I can. I'm still on parole, but when I get off parole, I think I'm going to move to Kansas City, Missouri, and turn this experience into something productive. I want to find my spot in the legal cannabis industry. I have been researching steps I could take to find what fits for me. I'm passionate about cannabis, and since I lost 3 years of my life in prison because of the criminalization of the plant, I think it's only right that something good comes of it. Last Prisoner Project: At any point through this process, was there a sense of guilt that you were getting out and leaving people behind? And is that why you're now so passionate about giving that hand back to people who are still incarcerated? Deshaun Durham: I met a lot of good people there. One guy's been in prison for 11 years for like 90 pounds, and he still has two more years to go. I'm just tired of the injustice. It's ruining people's lives and taking them away from their families. I just want to help as many people as I can with the opportunities I've been given. Last Prisoner Project: We at LPP are grateful that you have been so generous with sharing your story. People must understand the impact of what being incarcerated for a cannabis-related offense is really like, and you're a perfect spokesperson for it. As we move forward, we are now advocating to a different administration. As we continue to fight, if you could snap your fingers, what would you like to see change with cannabis reform? Deshaun Durham: I think it should be legalized federally and regulated like alcohol and tobacco. Of course, anyone who's been in prison or is still in prison for cannabis should be free, and the barriers of entry to the legalized industry should be lifted for anyone who's ever been to prison for cannabis. I look forward to getting to the point where no one has to worry about getting a harsh punishment for a plant anymore. Last Prisoner Project: I certainly hope that we get to hear your voice this year for 4/20 Day of Unity. Last year for 4/20, it was amazing to get so many organizations together that all have similar goals toward cannabis reform and and hear the voices of people like Donte West and Kyle Page. Deshaun Durham: I'll be there. Last Prisoner Project: When you were incarcerated, the industry was already up and flourishing so knew what the legal industry looked like right? Deshaun Durham: Yes. The hardest days were on 4/20 when I'd watch the news, they'd have a Stoner Movie Marathon, or they'd show all the 4/20 parades. I was serving 8 years for something that everyone was enjoying on that very day. Last Prisoner Project: You have 24-36 months of parole. Are you feeling any pressure from that? Are you nervous about completing the parole, or is it already set in your head that you are going do this with no problem because you know the alternative, the other side of things? Deshaun Durham: I'm not worried. I haven't smoked for so long that I can wait to smoke for two more years. I'm not going to have any problems because I mostly just work, go home and do my research. I know that I can be more of a help to you guys when I'm off parole, and I can travel and do other things. There is a little bit of anxiety because there's so much that I want to accomplish. I got out, and I want to help other people in my situation. I'm ready to start this first full year out in a positive way and see what it brings. Hopefully, there will be some doors opened for me to some good opportunities where I can better myself and my future. Last Prisoner Project: I know that there are a lot of people in your corner. Many LPP partners believe in second-chance hiring and will surely welcome you into the legal space when you're ready. I think it's very cool that Donte is giving that hand, and he gave that hand to Kyle Kyle Page, and Kyle Page is giving that hand to other people. And now you are an extension of that. Last Prisoner Project: So, you know, let's knock on wood and hope that the current administration releases some people. What would you say to them? Deshaun Durham: Yes, most definitely. I would just like to say it's a very senseless and barbaric war, and the people deserve to be free. For something that has zero confirmed overdoses, and has very little, if any, negative effects on society. I just feel like everyone deserves to be free. Last Prisoner Project : Thank you so much for sharing some of your journey with us and speaking out for those who can't speak for themselves.
By Stephen Post January 30, 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, especially in states where cannabis has been decriminalized or legalized. In Hawai‘i, we have been working since 2021 to ensure that retroactive relief is provided for individuals criminalized under outdated cannabis prohibition laws.  One of the biggest victories in this fight came last year with the passage of HB 1595 (now Act 62), which created a pilot project for state-initiated expungement of non-conviction marijuana possession records on Hawai‘i Island. 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. As noted in testimony submitted today, LPP urges the Hawai‘i Legislature to pass HB 132 and remove the unnecessary barriers that have slowed down the expungement process. We commend the HCJDC, the Department of the Attorney General, law enforcement, and all other agencies working to implement Act 62, and we will continue to advocate for policies that repair the harms of cannabis prohibition. As the Committee on Judiciary and Hawaiian Affairs prepares to vote on HB 132, we encourage advocates and impacted individuals to voice their support. Expungement is more than a policy change—it’s a second chance for thousands of people who deserve to move forward with their lives, free from the stigma of a past that should no longer define them. Let’s ensure that Hawai‘i remains at the forefront of meaningful cannabis justice reform. As the legislature considers adult-use legalization, the time to act is now. Read LPP’s full testimony below:
By Jason Ortiz & Stephen Post January 28, 2025
As Senate confirmation hearings continue to take place for several key agency appointees—including the RFK Jr. hearing for Secretary of Health and Human Services (HHS) and Pam Bondi’s confirmation vote for Attorney General on January 29—questions remain about whether these nominees will align with President Trump’s stated shift toward cannabis reform or default to their past prohibitionist positions. Each appointee will have considerable influence over federal cannabis policy, leaving advocates concerned about how their leadership might impact the future of cannabis in America. RFK Jr. and the HHS Role in Scheduling Cannabis As head of HHS, RFK Jr. would have the authority to shape how cannabis is classified and regulated at the federal level. Not only does HHS oversee the Food and Drug Administration (FDA), but it also has the power to make recommendations to the Department of Justice (DOJ) regarding the rescheduling or descheduling of substances like cannabis. Should RFK Jr. initiate a recommendation report to move cannabis to Schedule 3—or beyond to full descheduling—his decision could significantly alter the landscape of federal cannabis regulation. However, given his controversial health views and emphasis on conservative public health priorities, his approach to cannabis reform remains unclear. Pam Bondi: Justice Department and Enforcement Decisions Pam Bondi, as Attorney General, would wield critical authority over how cannabis laws are enforced. While HHS evaluates the science and makes recommendations, the AG has the ultimate power to reschedule, deschedule, or decontrol cannabis under the Controlled Substances Act. Bondi would have significant oversight of any rescheduling decision and any federal enforcement of criminal penalties against state-legal cannabis operations, prosecution of federal cannabis crimes, and the ability to fight against or support efforts for individual clemency petitions of those incarcerated in federal prison for cannabis crimes. Bondi’s history of tough-on-crime policies, particularly as Florida Attorney General, raises concerns about how her leadership would affect federal prosecution of state-legal cannabis businesses and individuals incarcerated for cannabis-related offenses. Advocates will also be watching closely for signals regarding her stance on clemency for individuals serving federal cannabis sentences. The DEA and Derek Maltz’s Appointment As the next DEA Administrator, career official Derek Maltz brings a history of skepticism about cannabis reform. His appointment comes at a time when the DEA’s rescheduling process is under scrutiny for allegations of mishandling evidence and lacking transparency. While Trump’s campaign rhetoric hinted at a more permissive stance toward cannabis, it remains to be seen whether Maltz will embrace reforms or reinforce punitive drug enforcement policies. Advocates hope he aligns with Trump’s push to reschedule cannabis and explore its medical benefits rather than uphold decades of resistance to reform. FDA Commissioner Marty Makary’s Challenge The FDA, under Commissioner Marty Makary, will play a pivotal role in determining scientific and regulatory standards for cannabis-derived products. As a vocal critic of marijuana, Makary has perpetuated outdated narratives, including the gateway theory and concerns about cannabis’ effects on mental health and cardiovascular health, particularly for adolescents. While he has acknowledged some medical benefits of THC, his focus on potential risks and skepticism toward legalization signals a cautious, if not resistant, approach to federal cannabis policy. Given the FDA’s significant regulatory authority over cannabis products, Makary’s leadership could shape the industry’s future. This influence may impede progress toward evidence-based policy and undermine efforts to align federal regulations with state-level cannabis legalization, creating uncertainty for consumers, businesses, and advocates alike. The appointments of RFK Jr., Pam Bondi, Derek Maltz, and Marty Makary come as the federal government faces mounting pressure to address the inconsistencies and harms of cannabis prohibition. Whether these leaders will fulfill President Trump’s campaign promise to end punitive cannabis enforcement—or fall back on outdated prohibitionist stances—will determine the future of cannabis reform in the U.S. With lives on the line and bipartisan support for legalization growing, these hearings represent a critical opportunity for Congress and the American public to demand clarity and accountability from these key nominees. How they lead—or fail to—could shape cannabis policy for years to come. We look forward to working with the administration new appointees to ensure no one remains in prison for cannabis activity that others freely profit from and pass common sense cannabis reforms. You can find all confirmation hearings here .
By Adrian Rocha January 28, 2025
Last year, Governor Youngkin chose to veto an LPP-designed bill to modify the sentences of incarcerated individuals under state supervision, denying relief and potential freedom to more than 1,844 people. However, Virginia's General Assembly has once again chosen the side of justice and have pushed through two bills (one of which is the same bill we designed last year) that would prioritize retroactive relief. The two separate bills that aim to provide relief to individuals with cannabis-related offenses advanced out of committee and are one step closer to becoming law! SB 1466 will further streamline state-initiated expungements for cannabis offenses. This bill also aims to seal ancillary records for cannabis charges and arrests. HB 2555 would create a sentence modification process for incarcerated individuals and those under state supervision for eligible cannabis-related offenses. According to Patron Sen. Surovell (D), "If you have a suspended sentence, probation, parole violations, contempt of court violations, failures to appear in bond appeals - those ancillary matters will be sealed. LPP's Director of Policy, Adrian Rocha, provided testimony on the bills this week. We will keep you updated as they move forward.
By Stephen Post January 23, 2025
With the inauguration Monday, we are now in a new Trump administration and it is important to lay out what we know, what we don't, and what we hope for cannabis policy in the U.S. President Trump has claimed that he supports a state's rights approach to cannabis legalization. On the campaign trail, President Trump said he is starting to “agree a lot more” that individuals should not be criminalized for cannabis when it’s being legalized across the country. He even posted, “I believe it is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use.” Our goal remains the same, provide retroactive relief for the thousands harmed by prohibition and enact legalization to ensure no one else has their life derailed for a cannabis offense. Here are some of the avenues in which President Trump could enact changes: What we know about Clemency In Trump’s first term, he commuted 16 people and pardoned 6 individuals for cannabis offenses. However, there are still thousands of people in federal prison for cannabis awaiting relief. Trump has already shown a willingness to use his clemency power, but it is not clear if that will be extended to those with cannabis offenses. The goal : Free everyone still incarcerated for cannabis via clemency now. What we know about Rescheduling On the campaign trail, Trump stated that, ”as president,[we] will continue to focus on research to unlock the medical uses of marijuana to a Schedule 3 drug.” Given the cancellation of recent rescheduling hearings and the absence of a new nominee to head the DEA, it is unclear how his administration will proceed. The goal : Push to fully deschedule cannabis, or bypass the entire rescheduling process by legalizing cannabis by passing an omnibus bill. What we know about Legislation In his first term, President Trump signed the bipartisan sentencing reform bill the First Step Act which was designed to promote rehabilitation, lower recidivism, and reduce excessive sentences for certain federal drug offenses. Additionally, he launched a Federal crime prevention and reentry council. He also signed the 2018 Farm Bill into law, allowing for industrial hemp growth, and that bill will need to be reauthorized during his term. On the campaign trail, Trump stated he would, “work with Congress to pass common sense laws, including SAFE banking for state-authorized companies, and support states rights to pass marijuana laws.” The goal : 88% of Americans support legalization, and more than ⅔ live in a state with some form of legalization already. Demand Congress deliver a legalization bill with retroactive relief. What we know about DOJ Guidance  While in his first term, Trump did not pursue action against state-legal cannabis programs, but his administration did rescind the Obama-era Cole memorandum. It is unclear what guidance a DOJ under Pam Bondi may provide federal prosecutors. The goal : Ensure states’ protection of cannabis activity and mandate federal prosecutors deprioritize cannabis cases. It is still to be determined whether President-elect Trump’s comments in support of legalization were merely campaign rhetoric or a genuine pledge to reconcile decades of harm with meaningful progress. We look forward to working with the administration as we continue to advocate until no one remains in prison for cannabis.
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