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LPP Recaps Progress of State & Federal Cannabis Legislation in 2023
December 21, 2023
Last Prisoner Project’s (LPP) policy team had a busy year working within multiple states to pass legislation that would allow individuals, who have been criminalized by cannabis prohibition, to have their criminal sentences modified and their criminal records cleared. The policy team provided recommendations to legislators in Hawai’i, Delaware, Minnesota, Ohio, Maine, New Hampshire, and Maryland on how to effectively provide retroactive relief for those criminalized during prohibition once adult-use cannabis has been legalized.
LPP also worked in states that have already legalized adult-use cannabis (i.e. Connecticut, California, New Jersey, Virginia and New Mexico) to provide feedback on how those states can address critical gaps in their record clearance and resentencing processes for those with cannabis convictions. In an effort to better understand the national landscape of cannabis justice and expand our work, LPP’s policy team conducted a national assessment of cannabis policy in our newly released State of Cannabis Justice Report.
High-Level State Updates for 2023:
- Delaware
- Delaware became the 22nd state to legalize adult-use cannabis on April 21st.
- While Delaware legalized cannabis and a cannabis-specific record clearance process, neither of these policies have been implemented yet, making it difficult to evaluate their impact.
- Minnesota
- Minnesota became the 23rd state to legalize adult-use cannabis after they passed House File (HF) 100 this past May.
- The new law creates state-initiated record clearance and resentencing processes for those criminalized during prohibition but both policies require reviews by a specially appointed board that are likely to be arduous and are already proving to be delayed.
- Ohio
- 57% of Ohio residents voted to approve Issue 2 in November, making Ohio the 24th state to legalize adult-use cannabis.
- Despite the legalization of adult-use sales through Issue 2, the absence of automatic resentencing and record clearance provisions leaves a critical gap in redressing past injustices.
- Maryland
- The legalization of adult-use cannabis came into effect this year in Maryland.
- Maryland’s legalization measure outlined a state-initiated record clearance process as well as a broad resentencing process but the state has struggled with implementing both policies, making actual relief difficult to evaluate.
- Kentucky
- Kentucky became the 38th state to allow for medical use.
- The bill that legalized medical cannabis did not include criminal justice provisions that would create record clearance or resentencing processes for those criminalized by cannabis prohibition.
- Others States that Failed to Legalize
- In March of 2023 Oklahoma voters rejected State Question 820, which would have legalized adult-use cannabis, as well as provide both petitioner-initiated resentencing and record clearance.
- Alaska, Arizona, California, Colorado, Nevada and Oregon also saw legalization ballot measures fail before being adopted in later votes.
Legislation Where LPP Provided In-depth Technical Assistance in 2023:
- Connecticut
- HB 6787, Sentence Modification for Cannabis-related Offenses
- Although HB 6787 did not pass last year, LPP’s advocacy on the bill helped ensure that any eligible pending cannabis charges were dropped. Connecticut Chief State's Attorney, Patrick J. Griffin, disclosed that the State’s Attorneys voluntarily and diligently worked to dismiss over 1,500 pending cannabis-related criminal cases across the state.
- Minnesota
- HF 100, Omnibus Adult-use Cannabis Bill
- Minnesota’s legalization bill includes provisions to provide state-initiated record clearance and sentence modification.
- LPP provided recommendations to create oversight and reporting requirements to ensure the record clearance and resentencing provisions are implemented with fidelity.
- New Mexico
- HB 314
- New Mexico law provides broad eligibility for individuals with cannabis criminal convictions to have their criminal records cleared and have their criminal sentence reduced or eliminated.
- LPP worked to prevent rollback legislation and fought to maintain eligibility for individuals with a combination of cannabis-and-non-cannabis charges for sentence modification.
- New Jersey
- Provided recommendations and feedback to the Clean Slate Task Force regarding record clearance provisions for cannabis offenses.
- Worked to ensure the state reported data on its efforts related to cannabis record clearance and resentencing.
- Hawai’i
- HCR 51
- The Last Prisoner Project was directly named in a resolution passed by the House to provide technical assistance to Governor Green’s Office in implementing a cannabis clemency program.
- California
- AB 1706
- Ongoing implementation support and monitoring of the LPP-sponsored bill intended to ensure California’s commitment to record clearance and sentence modification for cannabis-related convictions.
- Virginia
- SB 391
- Although the bill’s primary aim was to create a legally regulated marketplace for cannabis, the bill also included provisions crafted by LPP to implement sentence modification for cannabis-related offenses.
Federal Legislation in 2023
The Harnessing Opportunities by Pursuing Expungement (HOPE) Act is bipartisan bill aims to help states with expunging cannabis offenses by reducing the financial and administrative burden of such efforts through federal grants. We are proud to endorse the HOPE Act and are grateful to Rep. Joyce and Rep. Ocasio-Cortez for re-introducing this bill. We look forward to continuing to work with their offices to get it passed.
The Marijuana Opportunity, Reinvestment and Expungement (MORE) Act—a comprehensive bill that prioritizes legalization as well as justice reform and social equity—was refiled for a third time. If passed, it would deschedule cannabis by removing it from the Controlled Substances Act, create a process for expungements for non-violent federal cannabis convictions, and ensure that no individual would be denied federal benefits based solely on the use or possession of cannabis or past juvenile conviction for a cannabis offense.
The Cannabis Users’ Restoration of Eligibility (CURE) Act would prevent the denial of federal employment or security clearances based on a candidate’s past cannabis use. While it is vital these barriers to federal employment be removed, Congress should be going further by guaranteeing that ALL criminal record convictions are cleared instead of merely ignored. This would ensure no one suffers from the collateral consequences of a cannabis conviction.
STATES Reform Act 2.0 was reintroduced would end federal cannabis prohibition, at the same time that it sought to incorporate certain equity provisions such as expungements for people with non-violent cannabis convictions and imposing an excise tax, revenue from which would have supported community reinvestment, law enforcement and Small Business Administration (SBA) activities.
Politicians on both sides of the aisle are open to attaching other pieces of legislation like the SAFER banking bill expungement provisions from the HOPE Act, which would assist states in automatically clearing low-level cannabis records. This has yet to materialize into a passed bill. LPP is working to ensure any cannabis legislation that is passed includes language that addresses the need for criminal justice reform.
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.
