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LPP Submits Comment on the Cannabis Administration and Opportunity Act
Sarah Gersten • September 1, 2021
LPP provides feedback on federal legalization draft bill
On Tuesday, Last Prisoner Project submitted feedback to the Offices of Senate Majority Leader Schumer, Senate Finance Chairman Ron Wyden, and Senator Cory Booker on the draft of their recently introduced bill to end the federal prohibition of cannabis. The Cannabis Administration and Opportunity Act (CAOA) provides a pathway for descheduling marijuana at the federal level and providing retroactive relief for those most affected by the criminalization of cannabis.
LPP’s feedback focuses specifically on the portions of the bill devoted to providing expungement and resentencing opportunities for those still serving a federal marijuana-related sentence and those suffering the collateral consequences of a federal marijuana-related offense on their record.
"We're incredibly excited about the potential the Cannabis Administration and Opportunity Act has to end federal marijuana prohibition and provide retroactive relief for the countless people unjustly burdened by federal cannabis convictions. That said, it's critically important the legislation doesn't just gesture towards restorative justice, but actually delivers on its promise. We very much look forward to collaborating with Congress to make the amendments that will ensure the letter of the law properly reflects its spirit,” stated LPP’s Director of Strategic Initiatives, Natalie Papillion.
LPP’s comments on the draft bill include the following suggestions for improvement:
ELIGIBILITY SCHEME
- Replace “nonviolent federal cannabis offender”. While we agree the CAOA is not the appropriate mechanism for effectuating relief for individuals convicted of crimes that have “the element of use, attempted use, or threatened use of physical force against the person or property of another,” the inclusion of the term “nonviolent” would severely impede the just and inefficient implementation of the CAOA’s restorative justice provisions.
- Facilitate legal relief (expungement and resentencing) for individuals with cannabis-adjacent criminal records. The reality of federal charging practices sees many federal “cannabis offenders” charged and convicted not of Controlled Substance Act / Controlled Substances Import and Export Act / Maritime Drug Law Enforcement Act violations, but rather with offenses like money laundering, RICO violations, etc. This means that—despite certain convictions existing solely because of marijuana’s designation as a Schedule I drug—many individuals convicted of these “cannabis-adjacent” crimes will not necessarily be eligible for the CAOA’s expungement and/or resentencing schemes. To truly fulfill the promise of the CAOA’s restorative justice provisions, we suggest the legislation account for the reality of these cannabis-adjacent violations.
IMPLEMENTATION PROCESSES
- Enact a sequestration procedure for the expungement of eligible cannabis-related criminal records. This process would guarantee “expungement-eligible” criminal records could not (a) lawfully be used for criminal justice purposes nor (b) considered in the vast majority of civil contexts. However, it would allow the subjects of said records to maintain access to critically important information about the expungement proceedings.
- Allow for judicial discretion during the resentencing process. This will ensure individuals currently serving federal cannabis-related criminal sentences can benefit from the retroactive changes in the law.
ADMINISTRATION AND OVERSIGHT
- Enable the efficient and effective administration of CAOA’s expungement and expungement notification campaigns. To guarantee the timely roll-out of these provisions, we recommend the CAOA allocate funds to pay for the costs associated with both the expungement implementation process and notification campaign, as well as specify a deadline for the successful completion of both initiatives.
- Ensure a comprehensive evaluation of the implementation of CAOA’s expungement and resentencing provisions. We suggest dedicating Opportunity Trust Grant Program funds to the U.S Sentencing Commission (or another similarly situated and well-equipped agency) to study and evaluate the implementation of the bill’s expungement and resentencing schemes.
MISCELLANEOUS
- Ensure the consideration of fines and criminal forfeiture actions. To allow for the timely processing of eligible cases, we suggest the bill’s authors determine if records relating to criminal forfeiture actions should be expunged in conjunction with the records related to the underlying criminal case. We also encourage the authors to include language that (a) contemplates the reality of fines and forfeited assets stemming from federal cannabis-related convictions and (b) gives courts instructions on how to address them.
You can read LPP's full comment here.
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.
