End the Mass and Inhumane Mistreatment of Prisoners
Mariah Daly • July 1, 2022
Tragically, solitary confinement is being used as prisons’ primary response to COVID-19.
A solitary confinement cell located in Philadelphia – Credit: Matt Rourke AP
As Tammie Gregg, the Director of the American Civil Liberties Union’s Stop Solitary Campaign, so astutely put it, “medical and mental health experts, impacted people, and advocates agree that solitary confinement — like that which ultimately resulted in the deaths of [inmates] Layleen Polanco and Kalief Browder — is torture.” Still, it's well documented that this country's federal and state prisons have abused the practice for decades. Its “debilitating, dehumanizing, and even deadly effects on incarcerated people” represent what Gregg characterizes as “an ongoing stain on the American legal system.”
Tragically, the use of solitary confinement has become even more frequent following the COVID-19 pandemic. Alarmingly, throwing prisoners into “the hole” has become a routine way correctional authorities across the nation have begun dealing with prisoners suspected of having contracted COVID-19 and other illnesses.
During their 2020 campaigns, President Joe Biden and Vice President Kamala Harris both committed to ending the use of solitary confinement in America’s prisons. To date, they
have failed to deliver on that promise, and there is little indication that they have immediate plans to do so. According to the
ACLU, this time last year, more than 10,000 people — representing nearly 8 percent of the total federal prison population — were in some form of solitary confinement on any given day. This percentage is substantially higher than the national average in state prison systems and even higher than in the federal BOP just a decade ago before reductions were made under the Obama Administration.
A currently-incarcerated LPP constituent’s wife shared her experience with the BOP and their response to her husband testing positive for COVID. The non-violent cannabis-prisoner’s name has been redacted, out of an abundance of caution, for fear of reprisal against him.
“I haven’t heard from [REDACTED] in a week because he ended up testing positive for covid which you get thrown in the hole for. What [REDACTED] just described to me is completely inhumane. He told me that the medical CO mentioned that it was a waste of his time helping [REDACTED] and that the only thing that they can do to help is give him Tylenol and water WHICH they didn’t even give to him for 2 days in the hole. He said that he could not breathe at all and wasn’t able to drink water because his throat was so swollen he couldn’t swallow! With that being said- they put him in a small room with the heat turned all the way up and the windows closed. He told me he had to beg them for their help when his breathing became so bad and they took their time helping him. I am infuriated!!! What if his immune system wasn’t strong enough to get him through?! They treated him as if he wasn’t worthy of any help!!”
However, this mass mistreatment of inmates, as a misguided and inhumane response to COVID, isn’t unique to federal prisons. In recent weeks, KUOW reported that the Stafford Creek Corrections Center in Aberdeen, Washington has forced prisoners to make a choice — go to “the hole” or sign a waiver agreeing not to hold the prison and its employees liable if the inmate contracts COVID while in their custody.
While President Biden acknowledged that mass incarceration “imposes significant costs and hardships on our society and communities and does not make us safer,” and promised to “decrease incarceration levels” by reducing “profit-based incentives to incarcerate” in
Executive Order 14006 issued early last year, that promise remains empty and unfulfilled.
Please visit LPP’s Take Action page to find out how you can join in our fight to free every last cannabis prisoner.
At the Last Prisoner Project (LPP), we know that true justice means more than legalization—it means clearing the records of those who were criminalized under outdated cannabis laws. Today, we celebrate a major step forward in that fight for justice as Governor Wes Moore signs SB 432, the Expungement Reform Act of 2025 , into law. In Maryland, where Governor Wes Moore made history last year by issuing the nation’s most sweeping cannabis pardon order, we are now happy to see this next step in reform. 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 simplifies 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. “People in Maryland were living with the unconscionable reality that any probation violation, from a missed appointment to even decades-old possession of small amounts of now legal cannabis, categorically barred them from ever expunging their record,” said Heather Warnken, Executive Director of the Center for Criminal Justice Reform at the University of Baltimore School of Law . “The Expungement Reform Act has addressed this and more, removing barriers to opportunity for thousands held back by their past record. Like Governor Moore’s historic mass pardon, this victory is the product of true partnership, and an incredible step forward for our state.” SB 432 builds on the momentum of Governor Moore’s bold action in 2024, when he issued the largest cannabis pardon order in U.S. history, granting relief to over 175,000 Marylanders with low-level cannabis convictions . However, as we have long emphasized, a pardon—while powerful—does not automatically clear someone’s record. Until now, many of those same individuals still had to navigate a complicated, costly, and often inaccessible process to obtain full relief. Now, thanks to the passage of SB 432, that process will become significantly more accessible—and, in key cases, automatic. This is a vital step toward making sure the promise of cannabis reform includes real, tangible outcomes for those most affected by prohibition. “At Last Prisoner Project, our mission is to secure freedom and rebuild the lives of those disproportionately impacted by the War on Drugs,” said Liz Budnitz, Lead Counsel of the Cannabis Justice Initiative at Last Prisoner Project , who was present at the signing ceremony. “SB 432 embodies the idea that legalization must come with justice and repair for those who paid the price for misguided drug policies. We are proud to support reforms like this bill and look forward to continuing to advocate for policies that prioritize the full reintegration of justice-impacted individuals.” Adrian Rocha, LPP’s Policy Director and a member of Governor Moore’s expungement roundtable , added, "Last Prisoner Project commends Governor Wes Moore for signing SB 432, the Expungement Reform Act of 2025, into law. By creating a more efficient and accessible pathway for individuals to expunge cannabis-related convictions and seek post-conviction relief, this bill is a crucial step in addressing the harms caused by decades of cannabis criminalization in Maryland. We are thrilled that more Marylanders will now be able to move forward with their lives, access new opportunities, and contribute fully to their communities.” Maryland now joins 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. This victory represents not just a legislative achievement, but a powerful moment of healing and restoration. We thank Governor Moore, the Maryland General Assembly, and all our partners and advocates who helped make this bill a reality. But our work is far from over. Cannabis justice means full, automatic relief—not just in Maryland, but across the country. And at the Last Prisoner Project, we’re committed to making that vision real. Watch the full bill signing below and read past coverage here .
Thursday, April 17th (Washington D.C.) - As Americans across the country celebrate the 4/20 cannabis holiday this weekend, tens of thousands of people remain incarcerated for cannabis-related offenses, licensed cannabis businesses are struggling, community uplift funds are stalled, and the federal government's cannabis reclassification process is in limbo. Despite significant progress in cannabis legalization, with 24 states and Washington, D.C. legalizing adult-use cannabis, 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 29th - 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 Tuesday 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 a Cannabis Freedom Rally outside the White House from 4-9pm to honor those still incarcerated for cannabis and demand their freedom via presidential clemency. As part of our 4/20 clemency campaign , Ben & Jerry’s will be joining the rally to serve free ice cream to help build awareness and mobilize grassroots efforts to demand clemency from governors across the country. The Cannabis Unity Coalition is made up of a broad array of advocate groups 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 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), Freedom Grow, Marijuana Justice, Doctors for Drug Policy Reform, United Food and Commercial Workers Union (UFCW), Supernova Women, Minorities for Medical Marijuana, DCMJ, Just Leadership USA (JLUSA), National Association of Criminal Defense Lawyers, National Coalition for Drug Legalization and the Marijuana Policy Project (MPP), Mission Green, Latinas in Cannabis, the Equity Trade Network, Cannademix, and Free My Weed Man. “False conservatives and cheerleaders for big government have, for decades, hidden behind the drug war as a justification for a government that’s so intrusive it can monitor whether peaceful people have a few grams of cannabis in their pocket.” Said Geoffrey Lawrence of the REASON foundation . “The PATRIOT Act equates marijuana users with terrorists and erects a massive surveillance state to spy on the financial transactions of every American, whether or not they smoke marijuana. And for what? Marijuana users are not inherently violent criminals and the federal government should have no role in the criminalization of this natural substance.” "Working people deserve a better deal when it comes to criminal justice reform, specifically in Cannabis," said Hugh Giordano, UFCW Labor Union Representative . "Working people can't afford legal costs when dealing the Cannabis offenses, which can lead to unfair sentencing and harm working communities." "Regardless of which party is in control of Congress and the White House, ending federal marijuana criminalization and repairing harms caused by it remains a top priority for the Drug Policy Alliance. As long as marijuana is still illegal at the federal level, communities of color and low-income people will continue to suffer the most through incarceration, family separation, and economic hardship due to marijuana arrests.” Said Maritza Perez, Director of Federal Affairs for the Drug Policy Alliance. “With federal marijuana legalization enjoying majority support across all political affiliations, efforts like the Cannabis Unity Week of Action that bring together groups from a variety of political ideologies should show Congress and the White House that ending federal marijuana prohibition is an issue everyone can get behind." Bill Levers, CEO of Freedom Grow, said, “Unity Day 2025 represents a long-overdue collective awakening. At Freedom Grow, we’ve dedicated years to uplifting the voices and lives of people still serving time for cannabis convictions—people forgotten by the system while the industry thrives. This day in Washington D.C. is about more than policy—it’s about people. It’s about showing lawmakers, and the nation, that there’s a unified, unstoppable force demanding not just the descheduling of cannabis, but true retroactive justice. When we stand united with all other prisoner outreach programs, we send a clear message: cannabis freedom isn’t freedom until it includes everyone—especially those who paid the highest price.” "The legal cannabis industry proudly provides adult consumers and medical patients with safe, lab-tested, high-quality products while supporting hundreds of thousands of U.S. jobs and generating billions in tax revenue. Despite this progress, outdated federal prohibition policies continue to jeopardize public safety by preventing the legal industry from reaching its full potential to displace the illicit marijuana market — even as a supermajority of voters support federal reform.” Said Aaron Smith, Executive Director of the National Cannabis Industry Association . “We look forward to once again participating in this Unity Week of Action, standing with our partners and fellow advocates to call for a more equitable, compassionate, and sensible approach to federal cannabis policy." Jason Ortiz, Director of Strategic Initiatives at the Last Prisoner Project said, "No matter who is in office we will not stop pushing for legalization until we finally end the war on our community. There are still hundreds of thousands of cannabis arrests every year and we will remind Congress that the vast majority of our country, and even 55% of republicans, support legalization. Now it’s on us to push congress to do the right thing, and that’s exactly what we intend to do this Unity Week.” As more organizations join our fight, individuals interested in attending Cannabis Unity Week can sign up for updates here . Additionally, if you have any questions, you can read this FAQ document or watch our recorded information session for more info. 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
This 4/20, Last Prisoner Project (LPP) and Ben & Jerry’s are joining forces to urge governors across the country to grant clemency to those still incarcerated for cannabis-related offenses. While millions of Americans now legally purchase and profit from cannabis, thousands will remain behind bars for nonviolent cannabis convictions. Through a nationwide digital campaign and on-the-ground events, Ben & Jerry’s and LPP are encouraging supporters to take direct action by signing petitions, contacting governors, and sharing stories of those unjustly imprisoned. Despite broad bipartisan support and growing momentum for legalization and retroactive relief, states with and without legalized adult-use cannabis continue to incarcerate individuals like Antonio Wyatt , who is behind bars in Kansas, and Robert Deals , who is still serving a lengthy sentence in Arizona. “It is unacceptable that while legal cannabis generates billions in tax revenue, states still incarcerate people like Antonio Wyatt and Robert Deals who are serving time for the same thing,” said Sarah Gersten, Executive Director of Last Prisoner Project . “Governors have the power to right this wrong, and we’re calling on them to act now.” The urgency behind this campaign is clear. States continue to enact and enforce outdated cannabis laws—Kansas still maintains full prohibition, while Arizona incarcerates individuals for cannabis-related offenses despite a booming legal market. Meanwhile, public support for clemency is overwhelming; an ACLU poll found that 84% of Americans favor releasing those still behind bars for cannabis offenses. Calls for governors to grant state-level clemency have only been answered by a few leaders like Maryland’s Wes Moore , while many others have failed to act, leaving justice delayed for those still incarcerated. As part of ground efforts, Ben & Jerry’s will be joining the Cannabis Unity Week of Action in D.C. from April 29th-May 1st, serving ice cream to build public awareness and mobilize grassroots efforts to demand clemency from governors like Katie Hobbs (AZ) and Laura Kelly (KS) . Ben & Jerry’s will also be joining LPP to scoop ice cream at PuffDao’s 4/20 Buds and Bites event at PleasureMed in West Hollywood, CA. Supporters can help make this a #420ForFreedom by taking the following actions: ✅ Send a letter to your governor urging for cannabis clemency ✅ Sign petitions and share stories for Antonio Wyatt (KS) and Robert Deals (AZ) ✅ Join the Cannabis Unity Week of Action ✅ Amplify the call for justice by sharing on socials with our #420ForFreedom toolkit ✅ Donate to support our constituents with direct financial support We are grateful for Ben & Jerry’s and all of our 420 For Freedom partners who are supporting us this year including Sunset Lake CBD , The Majority Report Radio , Vessel , Verdi , The Tea House , Dialed in Gummies , Buds Goods , WNC CBD , Jeeter , Counselle Collection , Tree House Cannabis , Ethos , Silver Therapeutics , North Atlantic Seed Co. , Releaf Center , The Peach Fuzz , Cats Luck Vegan , and Police and Thieves (POT) and more. For those interested in supporting our 4/20 efforts, you can learn more at lpp.la/420 . Media contact: Stephen Post Strategic Communications Manager, Last Prisoner Project stephen@lastprisonerproejct.org
