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LPP Submits Public Comment to DEA on Rescheduling, Urges Descheduling to Address Public Health Impact of Cannabis Criminalization

July 19, 2024

You can find LPP's full submitted comment on regulations.gov or see the document here.


Last Prisoner Project

1312 17th St
SUITE 640 DENVER, CO 80202


July 19, 2024


Drug Enforcement Agency

Attn: Liaison and Policy Section 

8701 Morrissette Drive 

Springfield, VA 22152


Dear United States Drug Enforcement Agency,


The Last Prisoner Project (“LPP”), a national nonprofit that works at the intersection of cannabis and criminal justice, submits the following comment concerning the Drug Enforcement Agency’s (“DEA”) oversight of cannabis scheduling (Document ID DEA-2024-0059-0001). Specifically, we urge the DEA  to decontrol cannabis due to the grave public health consequences of cannabis-related incarceration.


At the Last Prisoner Project, we recognize the DEA’s decision to approve the Department of Health and Human Services recommendation to reschedule cannabis to Schedule III is historic. This announcement is the culmination of years of advocacy by groups like ourselves to push the federal government to better reflect the public’s view on cannabis. With this said, while the move is undoubtedly a step forward, it does not fulfill LPP’s goal to fully remove cannabis from the Controlled Substances Act, and we believe the failure to do so propagates significant risks to public health given the nature of cannabis-related incarceration. 


Rescheduling is a peripheral change that signals the reevaluation of cannabis, but not the release of cannabis prisoners or relief for those who continue to be burdened by the lasting consequences of the carceral system, particularly as it relates to public health. Completely eliminating criminal penalties for cannabis and ending lengthy sentencing practices for cannabis-related offenses also enables scarce public health and safety resources to be focused where they are most needed. Removing cannabis from the CSA entirely not only comports with legalization trends in the vast majority of states, but also with the sentiment of a vast majority of Americans that believe cannabis should be legalized. This shift demonstrates the shift in American sentiment given the growing body of research and evidence as to the dangerousness of cannabis and its potential medical benefits, as has been indicated by numerous other commenters.


For decades, cannabis-related criminalization and incarceration have posed significant long-term health risks, particularly in communities of color. In 2013, a report from the American Civil Liberties Union found that, despite virtually indistinguishable rates of cannabis consumption amongst racial groups, Black residents of the United States were 3.73 times as likely to be arrested for marijuana possession than their white counterparts. A 2020 follow-up to the ACLU report found that, despite several states legalizing or decriminalizing cannabis, these racial disparities remained essentially unchanged. Data indicates that these racial disparities appear to persist in conviction rates and sentencing. These health implications are most evident when investigating discrepancies in life expectancy, rates of illness and hospitalizations, and mental health disturbances. 


The research surrounding the relationship between incarceration and diminished life expectancies is unequivocal. Studies have shown that “each year in prison takes 2 years off an individual’s life expectancy.” And more broadly, “mass incarceration has shortened the overall US life expectancy by 5 years.” Even upon release, these impacts continue, given that mortality rates for individuals under any form of community supervision are two to three times higher than the general population. It is also worth noting that many incarcerated individuals already face increased health risks due to the disproportionate methods of policing. Cannabis is overcriminalized amongst communities of color, who already face diminished life expectancies. Furthermore, data shows that “people aged 55 years and older are among the fastest growing segments of the incarcerated population. Older adults have higher rates of chronic conditions and mental and physical disabilities.” 


While incarcerated, individuals are  often subject to unsanitary conditions, environmental hazards, physically uninhabitable living quarters, and lack basic medical access, nutritional sustenance, and mental health resources. The impacts of these factors are clear in the relationship between incarceration and rates of illnesses and hospitalizations. Research shows that individuals who are incarcerated are more likely “to have high blood pressure, asthma, cancer, arthritis, and infectious diseases, such as tuberculosis, hepatitis C,.” HIV/AIDS is two to seven times more prevalent amongst incarcerated populations, and an estimated 17% “of all people with HIV living in the U.S. pass through a correctional facility each year.” Similarly, “hepatitis C occurs at rates 8 to 21 times higher among incarcerated people.” Overall, rates of hospitalization are significantly higher in individuals who have been incarcerated than they are in the general population. Additionally, due to the lingering collateral consequences attached to a criminal conviction, individuals are at a much higher risk of entering states of risk and poverty upon release, leaving many of these health concerns to exacerbate. 


Individuals who are incarcerated or under community supervision are significantly more likely to experience mental health and substance abuse problems throughout their lifetime. Research shows that the prevalence of serious mental illness is two to four times higher in jails and prisons. 


The deleterious effect of incarceration can significantly alter an individual’s well-being, health, and mortality. By some estimates, incarceration can trim between four and five years of life expectancy if someone is incarcerated at age 40. Given the US's disproportionate incarceration rate when compared to global peers, there is research that suggests the relationship between incarceration and life expectancy may actually serve to depress national statistics on mortality rates among young adult males and females (20-44 years old) and older adults (45-69), as the US ranks close to the bottom in all of these categories. Factoring in that that an incarcerated individual is more than three times as likely to die from suicide compared to someone in the general American population also contributes to the the US’s grim global ranking.  


The consequences of these health risks ripple beyond prison doors. Not only do individuals continue to face significant health risks upon release due to their long-term nature, but also, the risks permeate throughout entire communities. A recent study demonstrated that children who have had a family member incarcerated experience poorer health outcomes later in life. So much so that individuals who have a family member who is currently or formerly incarcerated have a shorter life expectancy by 2.6 years. This is because the brutality of incarceration is felt by entire communities due to the emotional trauma of family and community separation as well as the financial burdens imposed by incarceration. 


With these health crises in mind, LPP believes that the mere rescheduling of cannabis - which allows the continued criminalization of cannabis use and imprisonment for cannabis offenses - perpetuates the public health risks associated with incarceration. Therefore, we urge the DEA to go further, and to decontrol cannabis, thus reducing criminal penalties and creating avenues for individuals currently serving time for cannabis offenses to seek relief. We believe that this would significantly improve the nation's public health in numerous ways. Not only would it improve the health crisis within prisons by mitigating overcrowding, but it would also improve the health outcomes of individuals incarcerated for cannabis offenses by shielding them from the fatal conditions of prisons, ultimately uplifting surrounding communities as well. 


We appreciate the opportunity to comment on this request and thank the DEA for its time and consideration. 



By Stephen Post March 4, 2025
Claudio Martinez Jr. is reunited with his family after serving 11 years in prison of an over 21-year nonviolent cannabis sentence. Today, the Last Prisoner Project (LPP) celebrates a hard-fought victory as Claudio Martinez Jr. is finally reunited with his family after 11 years of incarceration for a nonviolent cannabis offense. Claudio’s release comes as a result of a clemency petition filed by Last Prisoner Project and granted by President Biden, marking a long-overdue step toward justice for a father who has spent over a decade behind bars for a conviction that no longer reflects the values of our society. Claudio was sentenced in 2016 to over 21 years (262 months) in federal prison, despite his offense being solely cannabis-related. His story reflects the devastating impact of outdated drug laws that have torn families apart for far too long. Today, that chapter closes as Claudio walks free and embraces his three sons—Emilio, Eric, and Eli—who have waited over a decade for this moment. His eldest daughter (pictured below), who tragically passed away in 2018, will be deeply missed in this reunion, a reminder of the many years lost to excessive sentencing. As Claudio stepped outside the gates of the federal prison in Texas, his sons stood waiting in the parking lot, ready to welcome him home. The long-awaited embrace was a powerful testament to the resilience of families who have endured the pain of separation due to the war on cannabis. Also present for this emotional reunion was Claudio’s grandson, who will finally get to know their grandfather outside the confines of a prison visitation room. Upon his release Claudio reacted saying, “I'm doing great now that I am out here with my family. I thank the Lord Jesus Christ for making it happen for me to get this clemency through Last Prisoner Project and the lawyers assigned to me like Liz Budnitz. I really appreciate what yall did for me. It is a blessing.” Claudio’s oldest son Emilio, said “It’s something you think is never gonna happen and then it happens. It’s unreal. Thank you for everything.” Claudio will now transition to a halfway house in Las Cruces, NM, where he hopes to secure home confinement and begin rebuilding his life with his family in Hobbs, NM. Even in these first moments of freedom, Claudio has expressed his willingness to share his story, ensuring that those still behind bars are not forgotten. His case highlights the need for continued clemency efforts and broader legislative reform to ensure no one else suffers such disproportionate punishment for cannabis offenses. “We are overjoyed to see Claudio finally walk free and reunite with his family,” said Adrian Rocha, Policy Director at Last Prisoner Project who was present at the release. “His freedom is a reminder of why we do this work—why we fight every day to end cannabis incarceration and bring our constituents home. But Claudio should never have lost 11 years of his life to begin with. We will not stop until the system is changed so that no one else has to endure what Claudio and his family have endured.” Claudio’s release is a testament to the power of clemency as a tool for justice, but it also underscores the urgent need for broader systemic change. Through our advocacy campaigns, Last Prisoner Project continues to push for retroactive relief for all cannabis prisoners. While we celebrate today’s victory, we remain steadfast in our mission to ensure that every last cannabis prisoner is free. Claudio’s journey to freedom is not just his own—it is a victory for his family, his community, and the movement to end the criminalization of cannabis. Today, we celebrate, but tomorrow, we continue the fight.
By Stephen Post February 26, 2025
Wednesday, February 26th (Washington D.C.) - Despite significant progress in cannabis legalization at the state level, tens of thousands of people remain incarcerated for cannabis-related offenses, licensed cannabis businesses are struggling, and community uplift funds are stalled. With 24 states and Washington D.C. legalizing adult-use cannabis and the federal government cannabis’s reclassification process in limbo, 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 28th - 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 Monday with the National Cannabis Festival’s Policy Summit at the MLK Library to educate attendees on the policies currently before Congress. Tuesday will begin 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 an action outside the White House to honor those still incarcerated for cannabis and demand their freedom via presidential clemency. The Cannabis Unity Coalition is made up of a broad array of advocate groups that 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 Cannabis Festival, 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), FreedomGrow, Marijuana Justice, Doctors for Drug Policy Reform, United Food and Commercial Workers (UFCW) , Supernova Women, Minorities for Medical Marijuana, Midwest Cannawomen, DCMJ, Just Leadership USA (JLUSA), National Association of Criminal Defense Lawyers, and Marijuana Policy Project (MPP). For 2025, in addition to Mission Green, other organizations that have joined us for this year include the Balanced Veterans Network, Latinas in Cannabis, the Equity Trade Network, Cannademix, and Free My Weed Man. “It’s beyond time to legalize cannabis nationwide and expunge records for those incarcerated for cannabis-related offenses,” said Congresswoman Ilhan Omar (MN-05) , newly elected co-chair of the Congressional Cannabis Caucus. "I’m incredibly grateful for the partnership of the members of the Cannabis Unity Coalition and look forward to working together to get this done." Eric Goepel of the Veterans Cannabis Coalition said "Considering the staggering rates of chronic and infectious disease, suicide, and overdose in the US, especially among veterans, we need every tool at our disposable. Cannabis and cannabinoids have immense potential to revolutionize medicine and reduce harm, but that can only be fully achieved through marijuana descheduling, smart legalization, and research funding. We look forward to centering the needs of patients and consumers as part of Unity Week and working with allies to bring critical information to Congress." “As a career law enforcement official, I’ve witnessed firsthand the failed policies of the War on Drugs and the waste of police time and resources that have followed,” said Lieutenant Diane Goldstein (Ret.), Executive Director of the Law Enforcement Action Partnership. “It’s time to end marijuana prohibition once and for all, so that we can free up law enforcement to focus on the biggest threats to public safety, instead of low-level arrests and enforcement that only damage community relations and make it harder for us to do our jobs.” “Cannabis prohibition has destroyed lives, torn families apart, and fueled mass incarceration. Ending it is not just about policy—it’s about justice. We must fully repeal prohibition, expunge records, and free those still behind bars,” said Weldon Angelos, Founder of The Weldon Project & Mission Green, who also had previously been pardoned by President Trump for his cannabis conviction. “It is not enough to simply treat the symptoms of bad cannabis policy; we must fix the problem at its root cause. We can start by stopping arrests today, by releasing all cannabis prisoners and removing the significant barriers to their successful reintegration into our society, and by ending marijuana prohibition once and for all,” said Kat Murti, Executive Director, Students for Sensible Drug Policy (SSDP). “Young people have always been some of the biggest casualties of the War on Drugs. The War on Drugs is a War on Us and we will no longer stand by passively and allow it to be fought in our name.” Sarah Gersten, Executive Director of Last Prisoner Project said, "Cannabis prohibition has devastated countless lives and disproportionately impacted communities of color. We must ensure that justice for those still incarcerated for cannabis-related offenses is part of legalization. Cannabis Unity Week represents a powerful opportunity to unite advocates, industry leaders, and impacted families to demand comprehensive reform, including retroactive relief and clemency.” As more organizations join our fight, individuals interested in attending Cannabis Unity Week can sign up for updates here . Additionally, you can join one of our information sessions on March 5th and April 2nd at 6:30pm EST, sign up here to attend . 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
By Stephanie Shepard February 20, 2025
Roots of Resilience: African American Contributions to the Cannabis Movement Cannabis has deep historical roots, stretching back thousands of years across various cultures, including Africa, where it was used for medicinal and spiritual purposes. In pre-20th century America, hemp was cultivated primarily for fiber, but there is evidence of its use within some African American communities as well. These early connections laid a foundation for a complex relationship between African Americans and cannabis, one shaped by cultural significance, criminalization, activism, and entrepreneurship. This journey reveals a narrative of resilience and influence, showcasing the integral role African Americans have played in the evolution of cannabis culture and policy in the United States. The 1930s marked a pivotal shift with the enactment of the “Marihuana Tax Act” of 1937, which effectively criminalized cannabis. This legislation was rooted in racial undertones, strategically associating cannabis use with marginalized communities, particularly African Americans and Mexican immigrants. This racialized narrative was fueled by propaganda that painted cannabis users as violent and dangerous, reinforcing stereotypes that justified harsh legal consequences. The demonization of cannabis laid the groundwork for decades of systemic discrimination and criminalization that would disproportionately impact African American communities. Despite these challenges, African American cultural icons began to reshape the narrative around cannabis during the early 20th century. Louis Armstrong, an iconic jazz musician, openly discussed his cannabis use in interviews. His candor helped normalize its use within African American culture, particularly within the jazz scene, where cannabis became associated with creativity and artistic expression. Armstrong's influence extended beyond his music; he challenged societal norms by embracing cannabis as a tool for relaxation and inspiration, subtly defying the negative stereotypes perpetuated by mainstream society. His legacy continues to inspire artists who view cannabis as an integral part of creative expression and cultural identity. During the 1960s, amid the Civil Rights Movement, cannabis use emerged as a form of counterculture expression among Black Americans in urban areas. The plant became a symbol of resistance and freedom, aligning with the broader struggle against racial oppression. Yet, this association with rebellion also made cannabis a target of political agendas. In the 1970s, the Nixon Administration launched the “War on Drugs,” a policy initiative that disproportionately targeted Black communities. The criminalization of cannabis escalated, leading to skyrocketing arrest rates and significant incarceration disparities. Nixon's advisor, John Ehrlichman, later admitted that the policy aimed to disrupt Black communities and antiwar activists, revealing the racially motivated underpinnings of the drug war. The impact of the War on Drugs intensified during the 1980s under the Reagan Administration, which implemented even harsher drug laws, including mandatory minimum sentences for cannabis offenses. This era further stigmatized cannabis, exacerbating mass incarceration rates among African Americans. The resulting social and economic consequences devastated countless Black families and communities. However, even amid this adversity, resilience emerged. As the criminal justice system disproportionately targeted Black Americans, leaders and activists within these communities began organizing and advocating for change. By the 1990s, discussions around drug reform started gaining momentum, and African American activists played crucial roles in these conversations. They highlighted the racial disparities in drug enforcement and advocated for decriminalization and legalization of cannabis. This period marked the beginning of a shift in public perception, as activists linked cannabis reform to broader social justice issues. This became especially common in rap and hip-hop where many Black artists are advocates still today. In the early 2000s, the push for medical cannabis legalization gained traction in several states. African American activists were instrumental in these movements, advocating for patient rights and access to cannabis as medicine. By the following decade, significant progress was made as more states legalized cannabis for recreational use. This new landscape allowed Black Americans to participate in the industry as advocates and entrepreneurs. Yet, systemic barriers persisted, preventing equitable access to business opportunities. Wanda James emerged as a trailblazer during this time, becoming the first African American woman to own a dispensary in Colorado. Her business, Simply Pure, symbolizes resistance against the racial discrimination historically tied to cannabis prohibition. Wanda’s advocacy extends beyond entrepreneurship—she works tirelessly to influence cannabis legislation and ensure communities affected by criminalization benefit from legalization. Her leadership challenges the status quo and paves the way for a more inclusive industry. Meanwhile, Calvin Johnson, a former NFL superstar, co-founded Primitiv cannabis to highlight the therapeutic benefits of cannabis as a safer alternative to opioids commonly used by athletes. His advocacy challenges the stigma surrounding cannabis use in professional sports and emphasizes the need for reparative justice in communities disproportionately affected by past drug policies. Now in the present, the 2020s represent a pivotal moment in the cannabis movement, as legalization continues to expand and discussions about equity and justice gain momentum. States have implemented measures to address the injustices faced by Black Americans during the War on Drugs, including expungement of records and support for minority-owned cannabis businesses. Donte West is at the forefront of this movement, leveraging his experiences with cannabis criminalization to advocate for equity and systemic change. Through his work with the Last Prisoner Project, Donte inspires others to participate in the cannabis industry and advocate for justice. We have seen a surge of African American entrepreneurs who are redefining the cannabis industry. Jesce Horton, the founder of Lowd and Grand National, is committed to creating opportunities for historically excluded communities while influencing cannabis legislation to promote equitable access. Roger “Ganja Guru” Sterling uses his platform to uplift communities of color and challenge societal narratives around cannabis, while Gibran Washington, CEO of Ethos Cannabis, advocates for inclusivity and justice within the legal cannabis market. Their leadership reflects a new chapter of empowerment and success, breaking down barriers and ensuring diverse voices shape the industry's future, though there is plenty of work still needed to balance the scales of cannabis ownership. Organizations like The Hood Incubator and Free My Weedman are also crucial in paving the way for a more inclusive cannabis space. By supporting Black and Brown entrepreneurs, advocating for equitable policies, and raising awareness about unjust incarcerations, these initiatives work to rectify historical injustices and promote social equity. Kristal Bush, founder of Free My Weedman, combines her entrepreneurial spirit with community advocacy, influencing cannabis policies and empowering marginalized communities. As we honor the contributions of Black individuals and organizations during Black History Month, it is essential to recognize the ongoing struggle of those disproportionately criminalized for daring to be involved with cannabis. From Louis Armstrong’s cultural influence to modern-day entrepreneurs and activists, African Americans have shaped the cannabis movement at every turn. Their resilience and leadership challenge systemic injustice, demand equity, and celebrate cultural identity, paving the way for a better industry for all. To continue supporting this legacy, we can engage in conversations about equity, support Black-owned cannabis businesses, and advocate for policies that promote justice. By acknowledging the past and celebrating the strides of the present, we can build a future that honors the roots of resilience within the cannabis movement.
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