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4th of July Freedom Paradox: The Unfair Reality for Our Longest Serving Constituents
Elijah Mercer • July 3, 2024
As U.S. Celebrates 247 Years of Independence, Our Longest Serving Constituents Have Collectively Been in Prison For the Just Over the Same Time
At the heart of the Last Prisoner Project (LPP) lies a deeply held belief: no one should be imprisoned for offenses that are now legal. Herein lies the paradox of celebrating Independence Day in America when the War on Drugs still rears its ugly head. To right the wrongs of America’s War on Drugs, it is important to advocate for those unjustly incarcerated due to outdated marijuana laws.
Each of the men below are casualties of the current war on marijuana in the United States. They have spent years behind bars for non-violent marijuana offenses. And on July 4th, Independence Day, they still remain behind bars. Their stories highlight the urgent need for reform. As we work to free tens of thousands of individuals still imprisoned and push for systemic change, we want to share their stories on this Independence Day.
Jose Elias Sepulveda
- Sentence: Life
- Amount of Time Served: 25 years
- Jose Elias Sepulveda has spent over 25 years behind bars. Sepulveda has already served two decades of his sentence. Despite his life sentence, Jose remains hopeful and resilient, and looks to contribute positively and productively to society if ever released.
Pedro Hernandez
- Sentence: 240 months plus 3 years supervised release
- Amount of Time Served: 25 years
- Pedro Hernandez is now 66-years-old, and has served approximately one-third of his sentence. Since his imprisonment, there has been no record of any further criminal activity. If we are unsuccessful in our advocacy efforts, Pedro may not be eligible for parole until October 2084. We won't stop fighting until he is fully free.
Edwin W. Rubis
- Sentence: 480 months plus 5 years supervised release and a $25,000 fine
- Amount of time served: 26 years
- Edwin W. Rubis, serving a 40-year sentence, has faced significant challenges yet continues to persevere. After overcoming his struggle with addiction, Edwin has taken numerous steps to better himself while incarcerated. He graduated from college with a degree in Religious Education and serves as a mentor to others. He is also working as a G.E.D. and E.S.L. tutor in the education department. With the support of LPP's scholarship program, Edwin recently received his Master's degree in counseling and now hopes to pursue a Doctorate.
Jose Antonio Trejo-Pasaran
- Sentence: 420 months plus 5 years supervised release
- Amount of Time Served: 22 years
- Jose Antonio Trejo-Pasaran's story reflects the harsh reality of lengthy sentences given to those involved in organized crime. His resilience is a testament to the human spirit’s ability to endure and hope for change. Without our advocacy efforts, Jose will most likely be in prison longer and won’t be up for parole until September 2031.
Tennyson W. Harris
- Sentence: 324 months plus 10 years supervised release
- Amount of Time Served: 21 years
- Tennyson W. Harris, facing nearly three decades in prison, continues to demonstrate remarkable strength. In comparison to Tennyson’s Co-Defendants involved in his case, Harris received the longest sentence. Meanwhile, all of the co-defendants are no longer in custody.
Jose Alfredo Jimenez
- Sentence: 292 months plus 5 years supervised release
- Amount of Time Served: 20 years
- Jose Alfredo Jimenez's journey is a stark reminder that all lives can be affected by stringent drug laws and that some of our strongest allies in the movement can be those that can change the minds of our opponents. Jose is now 66 years old with Parkinson’s disease, and has already been incarcerated for over 19 years.
Leonel Francisco Villasenor
- Sentence: 360 months plus 4 years conditional release
- Amount of Time Served: 20 years
- Leonel Francisco Villasenor is trying to make a change while imprisoned. This is evidenced by those who work with Leonel on a day-to-day basis, and give him the highest marks and compliments. Leonel needs our advocacy efforts or he could be imprisoned for longer, with an opportunity for parole in May 2028.
Gabriel David Gomez
- Sentence: 360 months plus 5 years supervised release and $5,400 special assessment
- Amount of Time Served: 19 years
- After being sentenced in 2005, Gabriel Gomez went on to complete his GED that same year. Since then, he has completed 40+ educational courses, from Interview Skills to Advanced Accounting. Gabriel hopes to be released to his family in New Mexico before his 60th birthday.
Charles Macheleani Beamon
- Sentence: 999 years, 99 months, 99 days
- Amount of Time Served: 19 years
- Charles Macheleani Beamon’s is a prime example of being in the wrong place at the wrong time. In a letter to LPP, Charles details how a friend’s marijuana somehow got blamed on him. Charles' interaction with officers then led to his arrest and now all he wishes for is to be released from the violence that occurs inside prison walls on a daily basis.
Harold Klump
- Sentence: 360 months plus 10 years supervised release
- Amount of Time Served: 18 years
- Harold Klump has spent his entire adult life behind bars. Despite facing a 30-year sentence, Harold’s spirit remains unbroken. Harold’s imprisonment serves as a poignant reminder of the marijuana law paradox we confront on Independence Day.
Ismael Lira
- Sentence: Life
- Amount of Time Served: 18 years
- Ismael Lira has been serving a life sentence since 2006. His life imprisonment sentence makes no sense for a man with a nonviolent past. Ismael shared, “To those who [support] the Last Prisoner Project's efforts, I would like to say thank you. Thank you for your support and the assistance you've provided to right the wrongs of egregious sentencing for cannabis.“I was [sentenced] to life in prison for possession with intent to distribute cannabis. There were no eyewitnesses, no physical seizure of the supposed 100 kilograms (which turned into 1,000 kilograms for not pleading guilty which then carried a life sentence). All based on evidence from a DEA agent who was recently convicted on multiple counts of falsifying evidence and records. “For those who are in my circumstances...don't lose hope. For those who are unaware of what transpires in our legal system, I hope this gives you pause. And for those who are trying to help those in need — I thank you all; without your support, nothing will change."
Hector McGurk
- Sentence: Life
- Amount of Time Served: 17 years
- Hector 'Reuben' McGurk was vilified in the media as a “drug kingpin,” and was sentenced to life after a hung jury failed to find him guilty the first time. Federal prosecutors tried him a second time and he was convicted of this marijuana offense and was given a life sentence. He is currently 62 years old and has been incarcerated for 15 years. He is one of the three constituents, amongst many others not featured, serving life in prison for a non-violent offense. Ruben will die in federal prison for a nonviolent marijuana offense if he does not receive a commutation.
Donald Burns
- Sentence: 30 months plus 2 years supervised release
- Amount of Time Served: 2 years
- Even though Donald Burns' has a shorter sentence than others on this list, his incarceration exemplifies what he calls a “corrupt system.” Donald penned his thoughts about the system in a letter to LPP. He wrote: “Happy Fourth of July! And hopefully this shall be the final year that the insane and corrupt US Government shall be incarcerating US Citizens for a product which is sold only a few miles away from where I am incarcerated as well as only a couple of miles from my home. The only other equitable solution would be for the Governors and Legislation of all States which current[ly] sell marijuana legally should be arrested and imprisoned for selling an illegal product according to the US Legal Codes.”
These stories remind us why we do what we do and why we must continue to fight for justice. And why we need your help. This Independence Day, let's fight for these individuals and many others who are unfairly imprisoned by continuing to advocate for their freedom. Join us in our mission to ensure that no one remains a prisoner of outdated and unjust marijuana laws. Let's celebrate the true spirit of freedom and justice this 4th of July by taking action at www.lastprisonerproject.org/takeaction.
In recognition of Second Chance Month, The Last Prisoner Project (LPP) reaffirms our commitment to ensuring that individuals impacted by the criminal legal system receive the support they need to successfully reenter society. At LPP, reentry is at the core of our mission—providing resources, advocacy, and direct financial assistance to those returning home after incarceration for cannabis-related offenses. We would like to honor the amazing advocates and lawmakers who tirelessly working to offer second chances to our constituents who have been experienced injustice due to the war on drugs. Through strategic policy efforts, LPP has contributed to the clearing or pardoning of over 200,000 cannabis-related records, including Governor Wes Moore’s historic clemency action in Maryland, which impacted more than 150,000 people. LPP is proud to support key pieces of upcoming legislation that could propel this movement forward like the Reentry Act of 2025, which would allow states to provide Medicaid coverage to incarcerated individuals 30 days before their release, ensuring they have access to critical healthcare services. Additionally, we endorse the reauthorization of the Second Chance Act, which has provided essential funding for reentry services nationwide since 2008. We are grateful for the efforts of groups like Just Leadership USA and the Council for State Governments for leading advocacy on these bills. LPP's Executive Director, Sarah Gersten said, “At Last Prisoner Project, we believe that no one should be denied a second chance—especially those who were unjustly criminalized for cannabis. True justice means not just release, but real opportunities to rebuild. We call on lawmakers, businesses, and communities to join us in ensuring that every person impacted by cannabis prohibition has the resources and support they need to thrive.” In 2024 alone, LPP provided over $340,000 in reentry grants, contributing to over $3.5 million in direct financial assistance distributed since 2019. These funds play a critical role in easing the transition for those leaving incarceration, helping them cover essential expenses as they rebuild their lives. LPP has also assisted over 400 constituents directly through legal and constituent service programs, helping to eliminate more than 300 years of excessive sentences. Behind these numbers are real people—like Richard Delisi, Michael Thompson, and Kyle Page—who have turned their experiences into platforms for advocacy and entrepreneurship. The Michael Thompson Clemency Project continues to push for justice for those still incarcerated. Entrepreneurs like Kyle Page, Mario Ramos, Donte West, and Alicia Deals are building businesses that create opportunities for others affected by cannabis criminalization. Leaders like Stephanie Shepard, LPP’s Director of Advocacy, use their platforms to fight for lasting policy change. This Second Chance Month, we celebrate the resilience of our constituents and reaffirm our commitment to ensuring that every person impacted by cannabis prohibition has the opportunity to rebuild and thrive. Join us in advocating for policies like the Reentry Act of 2025 and the Second Chance Act reauthorization to create real pathways to justice and opportunity. By joining forces and advocating for meaningful change, we can pave the way for a society where everyone benefits from the opportunities and benefits of legal cannabis without fear of discrimination or injustice. Together, we can create a brighter future for all. Donate here to help support second chances for our constituents.
At the Last Prisoner Project (LPP), we believe that no one should remain behind bars or face the lifelong burden of a criminal record for cannabis-related offenses. That is why we have been working since 2021 to ensure that retroactive relief is provided for individuals in Hawai’i who have been criminalized by outdated cannabis prohibition laws. And this week, we got one step closer to justice. Last year, we helped write HB 1595 (now Act 62), which created a pilot project for state-initiated expungement of non-conviction marijuana possession records on Hawai‘i Island and identified over 2,200 records for relief in Hawai’i. Now, HB 132—which just passed the legislature last week—would help speed up their expungement if signed by the Governor. Unlike traditional expungement processes, which require individuals to apply and pay fees, this project shifts the burden to the state, ensuring that those eligible for relief receive it without unnecessary barriers. After just one month of implementation, the pilot project identified 2,268 records potentially eligible for expungement. As of December 13, 2024, the Hawai‘i Criminal Justice Data Center (HCJDC) had reviewed 640 of those cases, leading to 81 expungements, 112 cases pending expungement, and 33 denials, with 414 cases still under review. These numbers demonstrate both the necessity and the challenges of state-initiated expungement, particularly in cases where arrest records lack clear substance classification. While Act 62 was a major step forward, a technical issue in the Hawai‘i Criminal Justice Information System (CJIS) has made implementation far more burdensome than anticipated. Currently, the system does not consistently specify whether a charge under section 712-1249, Hawai‘i Revised Statutes (HRS), was for marijuana or another Schedule V substance. This lack of detail forces HCJDC staff to manually search through arrest and court records, significantly slowing the process. House Bill 132 (HB 132) seeks to resolve this issue with a simple but impactful amendment, making it easier for the state to verify eligibility for expungement. If passed, HB 132 will eliminate the need for extensive manual searches and ensure that more people receive the relief they deserve without unnecessary delays. Expunging non-conviction cannabis-related arrest records is not just about clearing data from government databases—it’s about removing barriers to employment, housing, and other opportunities that so many individuals struggle with due to the collateral consequences of their records. The pilot project and HB 132 are part of a broader movement towards automatic expungement. Twelve other states have already implemented some form of state-initiated expungement, recognizing that justice should not come with a price tag or bureaucratic hurdles. As a member of the Hawaiian Clean Slate Expungement Task Force , LPP will continue to explore expanding eligibility to include conviction records, and HB 132 will serve as an important foundation for further progress. "We are grateful to the Hawai‘i Legislature for recognizing the urgency of this issue and urge Governor Green to swiftly sign HB 132 into law. Together, we are making real progress in dismantling the harmful legacy of cannabis prohibition.,” said Adrian Rocha, LPP's Director of Policy. "We also extend our appreciation to Representatives Tarnas, Belatti, Grandinetti, Iwamoto, Kapela, Kusch, Lee, Marten, Perruso Poepoe, and Matayoshi for their support, the Hawai‘i Criminal Justice Data Center, the Attorney General’s office, the ACLU Hawai’i, Health Harm Reduction, Drug Policy Forum of Hawai'i, Doctors for Drug Policy Reform, Hawai'i Chamber of Sustainable Commerce, Council for Native Hawaiian Advancement, Hawaii Cannabis Industry Solutions, Marijuana Policy Project, and all stakeholders who have worked to ensure the success of this initiative." Let’s ensure that Hawai‘i remains at the forefront of meaningful cannabis justice reform. Tell Governor Green to sign HB 132.
It is with a heavy heart that we share the news that Governor Youngkin has once again vetoed a critical cannabis justice bill. Despite overwhelming support from Virginia’s General Assembly, the governor has chosen to deny relief to thousands of individuals who remain incarcerated or under state supervision for cannabis-related offenses—convictions tied to laws that have since changed. Last year, Youngkin vetoed a similar bill designed by Last Prisoner Project (LPP), denying potential freedom to more than 1,844 people. This year, the legislature advanced two key bills aimed at providing relief. HB 2555 would have created a sentence modification process for individuals still impacted by outdated cannabis laws. Instead of signing this measure into law, Youngkin has once again chosen to uphold the injustices of the past. Luckily, the other bill, SB 1466, which will streamline state-initiated expungements for cannabis offenses, sealing ancillary records such as probation violations and failures to appear related to past cannabis charges, was approved by Gov. Youngkin, but will be sent back to the legislature with amendments. The Commonwealth should be concerned that the Governor admits cannabis is both the cause of and contribution to thousands of individual's criminal sentences but it is unwilling to adopt a solution to prioritize relief while preserving a commitment to public safety by vesting oversight throughout the process. The governor's office ultimately approved record relief for certain cannabis convictions, but for those behind bars, this administration has once again failed to deliver lasting change. LPP has been at the forefront of the fight for justice in Virginia. Our Director of Policy, Adrian Rocha, provided testimony in support of these bills, underscoring the urgent need to right the wrongs of cannabis prohibition. Additionally, LPP's Director of Advocacy, Stephanie Shepard, who herself served time for a cannabis offense, penned a powerful op-ed in Virginia emphasizing the necessity of these reforms and the human toll of continued incarceration. Virginia ended cannabis prohibition in 2021, yet many remain incarcerated for offenses that are no longer crimes. The Virginia Department of Corrections reports an average annual cost of $33,994 per incarcerated individual, while Virginia has generated over $8 million in tax revenue from medical marijuana as of 2023. HB 2555 was a crucial step toward justice—one the Governor has now denied. The governor’s decision ignores the will of the people and the reality that cannabis reform is not only necessary but overwhelmingly popular. Polling shows that 84% of registered voters support releasing individuals incarcerated for offenses that are no longer illegal. With each veto, Youngkin chooses to leave families separated and lives needlessly disrupted, all while Virginia’s legal cannabis industry continues to grow and generate revenue. We want to extend our deepest gratitude to the advocates and organizations who have fought tirelessly for justice, including Marijuana Justice Virginia, Nolef Turns, the Virginia NAACP, NORML, the Virginia Student Power Network, The New Majority Virginia, and Rise for Youth. While this veto is a setback, it is not the end. The fight for cannabis justice continues, and LPP remains committed to ensuring that no one is left behind. We will not stop until every cannabis prisoner is free.
