Governor Laura Kelly Grants Clemency to Deshaun Durham Ending His Almost 8-Year Cannabis Sentence
Stephen Post • November 7, 2024
Topeka, KS — In a win for cannabis justice, Governor Laura Kelly has granted clemency to Deshaun T. Durham, a 24-year-old Kansas resident sentenced to 92 months in prison for a first-time cannabis offense. After more than 2.5 years of incarceration and tireless advocacy from the Last Prisoner Project, Deshaun is set to be released next month.
According to the Kansas Sentencing Commission, courts across Kansas typically give probation for people with no criminal history. It was a rare occurrence for a first-time offender such as Deshaun to receive this harsh sentence, especially for cannabis. But, Deshaun stayed active in prison and is passionate about football (he loves the Kansas City Chiefs). He hopes to attend welding school and start a family after he is released.
Governor Kelly’s decision to right history by commuting Durham’s sentence highlights her commitment to criminal justice reform, particularly especially for nonviolent offenders. This clemency comes in response to mounting support from advocates, including Last Prisoner Project Advocacy Associate, Donte West, who has worked diligently to bring attention to Durham’s case along with filing the clemency with the assistance of Deshaun's attorney Barry Grissom.
Deshaun’s mother, Brandi, along with advocates and supporters nationwide, are celebrating his release. “Governor Kelly’s decision shows compassion and justice for my son,” Brandi shared. “We are beyond grateful to have Deshaun coming home.”
In his role with Last Prisoner Project, West has helped raise awareness for people like Durham, who faced disproportionately severe sentences for cannabis-related offenses. "Deshaun Durham is a prime example of how the time may not fit the crime. " said West. "Governor Kelly’s administration has granted Deshaun the ultimate gift anyone can receive which is freedom. This clemency reflects her recognition that people like Deshaun don’t belong behind bars for unjust cannabis charges."
Gov. Laura Kelly has been an advocate for those incarcerated on low-level marijuana offenses and previously commuted the sentence of LPP constituent, Joseph Agrillo. She had said, “Right now we are incarcerating many, many people who are nonviolent, first-time drug offenders. Those folks no more belong in prison than you or I." This is another step in Gov. Kelly's efforts to repair the harms for those impacted by cannabis criminalization and we hope that it inspires other lawmakers to right history as well.
The Last Prisoner Project extends its gratitude to Governor Kelly, Barry Grissom, Donte West and all those who championed this cause, including musician and advocate Melissa Etheridge, who sent a personal appeal to the Governor on Deshaun’s behalf.
"I’m overjoyed to hear that Deshaun Durham is going home to his family this week," said Melissa Etheridge. "Huge gratitude to Kansas Governor Laura Kelly for her wisdom and care in recognizing the disproportionate nature of Deshaun’s sentence, and granting him a commutation. This kind of advocacy by the Last Prisoner Project is why I’m so proud to be one of their Ambassadors."
The clemency decision is a significant step in Kansas’s progress toward a fairer criminal justice system. Durham’s case serves as a reminder of the need to address similar injustices for nonviolent cannabis offenders nationwide. We look forward to working with policymakers until everyone impacted by cannabis incarceration in Kansas is fully free.
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
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.
