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Last Prisoner Project Endorses the Reintroduced HOPE Act by Rep. Joyce and Rep. Ocasio-Cortez

April 19, 2023

WASHINGTON, DC – Today, Congressman Dave Joyce (OH-14) and Congresswoman Alexandria Ocasio-Cortez (NY-14) introduced the Harnessing Opportunities by Pursuing Expungement (HOPE) Act. This bipartisan bill aims to help states with expunging cannabis offenses by reducing the financial and administrative burden of such efforts through federal grants. Both lawmakers have advocated for cannabis reform on their respective sides of the aisle, with Congressman Joyce sponsoring the first comprehensive and Republican-led effort to decriminalize cannabis at the federal level in the U.S. House.


“The vast majority of petty, non-violent cannabis law violations take place on the state and local level, precluding millions of Americans from fundamental opportunities such as housing and employment,” said Congressman Joyce. “As both a former public defender and prosecutor, I understand firsthand how these barriers can negatively impact families and economic growth in Ohio and across the nation. The HOPE Act works to remove those barriers in a bipartisan manner to pave the way for the American Dream and remedy the unjust war on cannabis.”


“As we continue to advocate for the decriminalization and legalization of marijuana, this bipartisan bill will provide localities the resources they need to expunge drug charges that continue to hold back Americans, disproportionately people of color, from employment, housing and other opportunity,” said Ocasio-Cortez.


Prior to the introduction of the HOPE Act, Congress’ cannabis expungement efforts have focused on federal crimes. However, while a small number of individuals may qualify for the expungement of low-level, federal cannabis charges over the course of decades of enforcement, the reality is that the overwhelming majority of cannabis-related charges are handled by state and local law enforcement. In 2019, the federal government was only involved in a fraction of the 545,000 cannabis offenses charged in the United States. That year, the FBI charged only 5,350 individuals with a top-line charge for any drug offense, not just cannabis.


Unfortunately, despite the fact that expungement programs for cannabis-related offenses have recently advanced in states and cities around the country, many criminal record keeping systems are not ready for or able to support these efforts. 


The HOPE Act would address these complications by creating a new grant program under the U.S. Department of Justice, the State Expungement Opportunity Grant Program, and authorize it to be funded up to $20 million over the span of Fiscal Years 2024-2033. Through this grant program, the Attorney General would be authorized to make grants to states and local governments to reduce the financial and administrative burden of expunging convictions for cannabis offenses that are available to individuals who have been convicted of such offenses under the laws of the State. Funding provided by the State Expungement Opportunity Grant Program

could be used:


  • for technology to provide cost-effective legal relief at scale;
  • to automate the process of expunging convictions for cannabis offenses;
  • for clinics, including legal clinics, that assist individuals through the expungement process;
  • to implement a notification process for those whose records are expunged as well as to publish publicly accessible information regarding the availability and process of expungement;
  • to seal records of conviction for cannabis offenses if appropriate; and
  • for other innovative partnerships to provide wide-scale relief to individuals who are eligible for the expungement of a conviction for a cannabis offense under the laws of the State.


The bill would also require the Attorney General to conduct a study on the impact of cannabis offenses on an individual’s criminal record, including impacts related to housing, employment, recidivism, and how such effects differ based on demographics. The study must also include a report on the costs incurred by states for incarcerating an individual convicted of a cannabis offense.


“We at the R Street Institute thank Rep. David Joyce (R-OH) and Rep. Ocasio-Cortez (D-NY) for reintroducing the Harnessing Opportunities By Pursuing Expungement (HOPE) Act. This bill is a bipartisan effort that will help provide the direct resources needed by states and localities to create and implement automatic expungement programs for cannabis offenses. Expunging these records will help give many individuals a fresh start that can help them prosper and be strong contributing members to our society and communities, and that is why we are happy to endorse it in the 118th Congress,” said Anthony Lamorena, Senior Federal Affairs Manager at the R Street Institute.


“The HOPE Act promises just that: hope and a second chance for people suffering the lifelong consequences of a state-level marijuana possession arrest. As more and more states are ending their failed policies of criminalizing marijuana consumers, it is incumbent on Congress to assist them in repairing the associated harms it helped perpetuate for decades. This legislation is a great step toward righting the wrongs caused by prohibition and improving the lives of millions of people nationwide,” said Morgan Fox, Policy Director at NORML.


“Millions of Americans face lifelong barriers to securing the employment, housing, and education they need to advance in life because of past cannabis convictions, even though almost every state has adopted some form of cannabis reform. Equipping states to expunge those records is a promising solution that will improve both public safety and local economies. Americans for Prosperity fully supports the HOPE Act as one action Congress can take to ensure more deserving individuals receive a true second chance,” said Jeremiah Mosteller, Deputy Policy Director for Americans for Prosperity.


“In the last Congress, the bipartisan HOPE Act dramatically expanded the political conversation about what is possible in cannabis policy reform, and now is the time to get it done. The resources made available by this bill would serve a multiplying effect, by incentivizing and supporting state and local expungement programs. Expanding these programs means putting millions of Americans who have cannabis records on the path of employment, housing, and other needs to build stronger communities,” said Justin Strekal, Partner at Useful Strategies.


“Millions of Americans bear the lifelong burden of a criminal record–many for something as minor as a marijuana possession arrest. Barred from housing, employment, public benefits, educational opportunities and more, many of these individuals are sentenced to a lifetime of poverty. The costs of these impractical policies are felt by all, as they needlessly hinder success in all our communities. The Harnessing Opportunities by Pursuing Expungement (HOPE) Act will help remove these unjust and counterproductive barriers by helping states clear low-level marijuana records. In particular, HOPE will support states with automating the record clearance process, which is critical in providing this relief to scale. We are grateful to Representatives Joyce and Ocasio-Cortez for putting common sense before politics and working together to pursue this urgently needed reform. We look forward to continuing to work with their offices to get this bill across the finish line,”said Gracie Johnson, Policy Director at Last Prisoner Project.


The HOPE Act is endorsed by the R Street Institute, NORML, Americans for Prosperity, Useful Strategies, Last Prisoner Project, and the Due Process Institute.

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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