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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 To right the wrongs of America’s War on Drugs, it is important to advocate for those unjustly incarcerated due to outdated marijuana laws.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.


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    EDWIN RUBIS

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    JOSE JIMENEZ

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    CHARLES BEAMON

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    GABRIEL GOMEZ

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    HECTOR "RUBEN" MCGURK

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    ISMAEL LIRA

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    DONALD BURNS

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