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Gov. Polis Automatically Pardons Thousands of Marijuana Convictions

Sarah Gersten • October 1, 2020

Gov. Polis Automatically Pardons Thousands of Marijuana Convictions

Today Colorado Governor Jared Polis used his authority under recently passed legislation to automatically pardon 2,732 low-level marijuana possession convictions.


Last Prisoner Project congratulates Governor Polis and all the lawmakers and advocates that made this mass pardon a reality. Clean slate initiatives are incredibly important, particularly in states that have legalized marijuana and are seeking to undo the collateral consequences of unjust marijuana policies of the past.


Because the automatic pardon process places the burden on the state to identify and remove the convictions rather than on the individual seeking relief to navigate a complex legal petition process, this helps to eliminate the "uptake gap" which results from petition-based expungement processes. 


The benefits of this kind of broad, clean slate legislation are clear. We know that a criminal record acts as a huge barrier to all aspects of an individual’s life.  Even minor offenses, such as a nonviolent possession charge, carry lifelong consequences. Those with criminal convictions on their records have difficulty finding housing and employment, and in some states even social assistance programs are inaccessible to individuals with drug felonies on their record. One in 13 Black Americans of voting age is disenfranchised due to a felony conviction, a rate four times greater than that of non-Black people, and many of these convictions are for drug crimes that have been disproportionately prosecuted against people of color.


But clean slate legislation is only the first step in attempting to repair the past harms of the failed drug war--and it must be done right. 


By limiting pardons to those who have the lowest level cannabis misdemeanors, Governor Polis is only providing relief for a fraction of those harmed by unjust drug laws. And we know in Colorado, as in the rest of the country, enforcement of these laws disproportionately falls on communities of color. Additionally, by time-barring who is eligible for an automatic pardon, the process will further leave out those (again disproportionately communities of color) who were unable to take advantage of the regulated market post-2012 due to the numerous barriers to entry into the legal industry.


While clean slate initiatives are a necessary part of redressing the past harms of the drug war, they do nothing to provide retroactive relief for those still serving lengthy sentences for nonviolent marijuana offenses in now legal states like Colorado. If progressive lawmakers truly want to show that their state has "come to terms" with discriminatory prohibitionist laws of the past, then we need to push forward mechanisms for encompassing a much broader segment of the population--including those still incarcerated--left suffering from these unjust laws and policies.




To find out if you received a pardon under the new order you can go to comarijuanapardons.com.

VA Governor Youngkin Vetoes Cannabis Resentencing Bill That Would Have Freed Thousands, But Approves Cannabis Record Relief

By Stephen Post • March 25, 2025
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.

LPP Welcomes Norm Reimer to our Board of Directors

By Stephen Post • March 20, 2025
As we reflect on our first five years of impact at the Last Prisoner Project, we are thrilled to share an exciting new development: Norman L. Reimer has joined our Board of Directors! Norm is a transformational leader in the fight for justice and he will play a key role in shaping our vision for reuniting families, rebuilding lives, and reimagining drug policy. Norm Reimer has devoted his career to the defense of the accused and reform of the justice system. As a criminal defense attorney, he has represented accused individuals at the trial and appellate level and in state and federal courts for four decades. As a reformer, he leads efforts to reform misguided policies and practices that fuel mass incarceration, overcriminalization, and disparate impact. Norman’s noteworthy achievements include co-founding the John Adams Project in partnership with the American Civil Liberties Union to provide attorneys trained in capital defense to represent the accused in the military commission proceedings at Guantanamo Bay, and leading a collaboration among several groups during the Obama administration to establish Clemency Project 2014, a cadre of volunteer lawyers, which secured the commutation of long federal prison sentences for 894 individuals, including more than 300 who were serving life sentences. Norm is currently Of Counsel at Vladeck, Raskin & Clark, P.C. , where he continues his criminal defense work. His previous positions include serving as Executive Director of the National Association of Criminal Defense Lawyers, CEO of Fair Trials, and President of the New York County Lawyers’ Association. He also served as an Adjunct Law Professor at New York Law School, where he taught trial practice. Norman earned his B.A. and J.D. from New York University.

LPP Calls on USSC to Enact Further Drug Sentencing Reform and Supervised Release Changes

By Stephen Post • March 11, 2025
The Last Prisoner Project (LPP) has submitted a formal comment to the U.S. Sentencing Commission (USSC), advocating for critical changes to federal drug sentencing guidelines and supervised release policies. LPP’s recommendations aim to reduce overly punitive sentencing practices, promote rehabilitation, and improve public safety. Reforming Supervised Release LPP supports proposed amendments granting courts greater discretion in imposing and modifying supervised release. Overly rigid supervision can create unnecessary barriers to successful reintegration, increasing the likelihood of recidivism. Key recommendations include: Individualized assessments : Courts should tailor supervised release terms to the specific needs of each individual. Elimination of unnecessary supervision : LPP urges the removal of mandatory supervised release requirements when not explicitly required by statute. Early termination of supervision : Encouraging courts to assess whether continued supervision is necessary after one year, reducing unnecessary burdens on individuals and the justice system. Reducing Drug Sentences LPP also calls for major reforms to the Drug Quantity Table, advocating for reductions in base offense levels across all substances, with additional reductions for cannabis and psychedelics due to their increasing medical recognition and evolving legal status. Lowering the highest base offense level to 30 (or lower) : Research consistently shows long prison sentences do not improve public safety and can actually increase recidivism. Proportional reductions across all drug types : Harsh sentencing has not been an effective deterrent, and a more balanced approach is needed. Additional reductions for cannabis and psychedelics : Given their lower risk profiles and medical potential, sentences for these substances should be significantly reduced. Addressing Low-Level Drug Offenses LPP supports a six-level sentence reduction for individuals convicted of low-level trafficking roles. Many involved in minor drug-related offenses are individuals with limited economic opportunities, and excessive sentences do little to address the root causes of their involvement. Retroactive Application of Sentencing Reforms Currently, approximately 63,000 people are serving federal sentences for drug-related offenses, many under outdated guidelines. LPP urges the Commission to apply any sentencing reductions retroactively, allowing individuals already incarcerated to benefit from these long-overdue reforms. LPP commends the USSC for considering these reforms and urges them to take bold action. By implementing these changes, the Commission can help reduce mass incarceration, promote fairness, and allocate resources toward more effective public safety strategies.
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