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LPP Urges USSC To Exclude Prior Cannabis Possession Offenses from Criminal History Scores

Stephen Post • July 24, 2024

Read our full comment with citations here.


United States Sentencing Commission

One Columbus Circle, N.E., Suite 2-500

Washington, D.C. 20002

Attn: Public Affairs – Priorities Comment


Dear United States Sentencing Commissioners,


The Last Prisoner Project (“LPP”) submits the following comments to the United States Sentencing Commission (“the Commission” or “USSC) in response to the Commission’s request for comment on possible policy priorities for the 2024-2025 amendment cycle. LPP commends the Commission for taking steps to better reflect the current legal and policy landscape surrounding cannabis activity in the United States, and specifically the recent amendment #821 C, which allows for a downward departure to a criminal history score for a prior cannabis possession conviction. We would like to take this opportunity to urge the Commission to further amend the sentencing guidelines to exclude prior cannabis possession offenses from criminal history scores entirely, so that they are not used to increase criminal sentences for subsequent offenses.


We also want to thank the Commission for clarifying via Amendment #814 that retroactive changes to law can be considered as extraordinary and compelling factors for a sentence reduction motion under section 3582(c)(1)(A) in the case of an “unusually long sentence”. Given the widespread and significant changes to the legality and public perception of cannabis, we would, however, ask that the Commission not limit the use of a retroactive change in law to individuals serving at least ten years of imprisonment.


We also would like to address the Commission’s oversight of drug sentencing and the Drug Quantity and Drug Conversion Tables (hereinafter, the Tables). Specifically, we urge the Commission to conduct a complete review and revision of the Tables.


Sentencing Guidelines Should Reflect Current Notions of Criminality


In your 2023 publication “Weighing the Impact of Simple Possession of Marijuana” the Commission noted the shifting sentiment towards cannabis at both the state and federal level and the Commission again noted these changes in law when promulgating amendment #821 Part C. Today, 24 states and the District of Columbia have fully legalized cannabis for adult-use while only three states have no public cannabis access program.1 These state-legal marketplaces generate billions of dollars not just in sales, but also in tax revenue for these jurisdictions, all while cannabis remains federally illegal and the criminal status of cannabis continues to lead to hundreds of thousands of arrests each year.


Now, the federal government is poised to reclassify cannabis–following the Health and HumanServices Department’s recommendation in late 2023, the Drug Enforcement Administration (DEA) recently announced its decision to reschedule cannabis to Schedule III. This move demonstrates the federal government’s shifting policy approach to cannabis as a less harmful substance with medicinal benefits.


In conjunction with prospective changes to cannabis laws, local, state and federal political leaders are increasingly taking concrete action to mitigate the past harms caused by decades of cannabis prohibition. In October of 2022, President Biden pardoned all federal simple marijuana possession offenses and formally encouraged state governors to do the same, an action he expanded upon in late 2023.5 Officials have followed suit, as evidenced by former Oregon Governor Kate Brown pardoning over 45,000 individuals with marijuana convictions and Connecticut Governor Ned Lamont announcing the automatic clearing of over 44,000 cannabis records. City officials in places like New Orleans and Birmingham have also taken steps to pardon municipal marijuana possession offenses.8 These actions signify that, beyond the shifting legal landscape for cannabis use, public perception of cannabis has also changed. The vast majority of Americans, including the sitting President, no longer feel that cannabis use is something that should be criminalized. We have changed our approach to criminalizing cannabis, and thus, the US Sentencing Guidelines must be adjusted to reflect this current climate. Continuing to punish individuals for an activity that is legal for a majority of Americans does not comport with our country’s shared values of justice and fairness. It is only fitting that any marijuana offense, including but not

limited to simple possession, should be eliminated from consideration as a factor in calculating

an individual’s criminal history score for sentencing purposes.


Removing Marijuana Offenses from Criminal History Scores will Result in More Equitable

Sentencing


When one considers the well-documented racial disparities found in the enforcement of cannabis laws, it is clear that excluding marijuana offenses from criminal history scores will also result in a more equitable approach to sentencing.


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. As sentencing guidelines are meant to be considered objectively and reflect an accurate prediction of an individual's criminality, removing marijuana convictions from individuals’ criminal history scores would be a step toward creating a more equitable sentencing process. In addition, excluding marijuana convictions from consideration altogether is also in line with the current administration’s position on the criminality of cannabis use. As President Biden stated, “sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit.”13 If permanently enacted, this proposed amendment would help alleviate, or at the very least not further exacerbate, the racial disparities in our criminal legal system.


It’s also worth noting that the availability of avenues through which individuals can clear marijuana possession offenses from their records is highly dependent on the jurisdiction in which the offense took place. As noted above, many executive offices (whether it be the president, state governors, or mayors) have pardoned all simple marijuana possession offenses. In some jurisdictions, like Oregon, that pardon results in automatic record clearance. However, in most jurisdictions, pardoned offenses still appear on an individual’s criminal record, perpetuating barriers to employment, housing, and educational opportunities (to name just a few of the

collateral consequences accompanying even a low-level marijuana conviction).


Although several states have established methods for individuals to expunge or remove previous marijuana-related convictions, disparities still exist among those who can access this relief successfully. Clearing one's record can be overwhelming, especially for individuals lacking a legal background, technical knowledge, or easy access to criminal records and court filings. Eligible individuals with language barriers or illiteracy also struggle to clear their records. Consequently, race and socioeconomic status often determine who can overcome these difficulties and access record clearing and expungement. Unfortunately, most eligible individuals do not complete these record-clearing processes.


This disparity in accessing record-clearing mechanisms for marijuana offenses is yet another inequality present in the Commission’s current guidelines, which include marijuana possession offenses in criminal history scores. It’s unfair that those who, for the reasons named above, could not clear their records successfully are subject to harsher sentencing ranges.


A Marijuana Conviction is Not a Valid Predictor of Future Criminality


The US Sentencing Guidelines Manual states that a “defendant with a record of prior criminal behavior is more culpable than a first offender and thus deserving of greater punishment.” The manual goes on to note that because “[r]epeated criminal behavior is an indicator of a limited likelihood of successful rehabilitation,” an individual’s criminal history must be considered during the sentencing phase “[t]o protect the public from further crimes of the…defendant.”


In the case of a simple marijuana possession offense, however, there is little correlation between cannabis use and criminality. According to a national study of recidivism, individuals convicted of drug offenses have significantly lower recidivism rates than those convicted of violent or property-related crimes. Additionally, a 2020 report authored by the Commission found that individuals convicted of marijuana-related offenses have one of the lowest rates of recidivism when compared to other drug offenses. In one of the few available studies on recidivism rates for individuals where drug possession (as opposed to trafficking) was their primary offense, the rate of recidivism was incredibly low as compared to national averages.


In short, as there is no evidence that marijuana possession convictions are valid predictors of

future criminal behavior (and thus do not endanger public safety), they should be excluded from

individuals’ criminal history score calculations.


Changes to Laws and Attitudes Surrounding Cannabis Also Warrant an Amendment to the Commission’s Compassionate Release Policy Statement


In promulgating Amendment #814 the Commission described the circumstances in which an intervening change in the law can qualify as an extraordinary and compelling factor warranting compassionate release. The Commission clarified that such changes to the law may be considered if an applicant otherwise meets the factors warranting a sentence reduction or that such a change on its own could constitute an extraordinary and compelling factor if the case involves an “unusually long sentence” and the applicant has served at least ten years of a term of imprisonment.


As the Commission noted in its Amendment: “One of the expressed purposes of section 3582(c)(1)(A) when it was enacted in 1984 was to provide a narrow avenue for judicial relief from unusually long sentences. Having abolished parole in the interest of certainty in sentencing, Congress recognized the need for such judicial authority.” Thus, compassionate release serves a critical function in providing relief where it is clear that the length of a term of imprisonment does not comport with modern laws and attitudes surrounding the criminal activity at hand.


As described above, we now face a situation where thousands of federal prisoners remainincarcerated for activity that has been broadly legalized at the state level and that many are now profiting from. Our federal government has now also changed its stance on the dangerousness of cannabis and has acknowledged that cannabis has medicinal benefits. Given these circumstances, an individual serving a nine-year sentence for a controlling cannabis offense can credibly argue that their sentence is “unusually long” for the offense they are sentenced under. While cannabis may represent the offense that has seen the most pronounced change to its legal status in recent history, it is an all too common occurrence in American history that our beliefs, sentiments, and even scientific consensus evolve faster than our laws and their associated criminal penalties. As the remaining mechanism for relief for federal prisoners incarcerated under unjust laws, the compassionate release factors should be applied broadly enough not to exclude individuals whose sentences are unjust and excessive, but may not meet the ten year requirement, even if no other compassionate release factors apply.


Changes to Drug Laws More Broadly Warrant a Reevaluation of the Drug Quantity and Drug Conversion Tables


While over fifty years of ongoing political and educational messaging demonizing drug use and

stigmatizing drug users has failed to realize a drug-free world, the underlying racial and social motivations have succeeded. Since its inception, the drug war has been overwhelmingly enforced in BIPOC communities, especially low-income ones, causing the country’s inflated prison population to be disproportionately comprised of Black, Latino, and Indigenous people. It has led to lengthy terms of imprisonment for relatively low-level offenses and for those with little to no criminal history, which perpetuates cycles of trauma and violence. The same conditions have fueled and perpetuated violence internationally and in inner-city neighborhoods nationwide, and have led to increases in concentration, adulteration, and toxicity of the substances themselves.


An increasingly multi-partisan coalition is calling for change. In 2017, the USSC published a report describing, in part, how drug-related mandatory minimum penalties have been "applied more broadly than Congress may have anticipated.” Such non-discretionary sentencing fails to promote public health. Instead, it has the effect of incarcerating people for longer amounts of time than the evidence shows deters further criminal activity.


While reversing and mending the harms of the war on drugs will take effort from people across the government and political spectrum, one way to shift policy in a more humane direction–and in alignment with contemporary evidence–is to go to one of the current roots of the problem: drug sentencing. The Drug Quantity and Drug Conversion Tables, set by the USSC, are used as a benchmark for federal drug sentencing and are often referenced or relied on in state sentencing decisions. Bringing these Tables into alignment with modern research about drug risks and harms would lead to more accuracy in sentencing decisions, which would both alleviate some of the socioeconomic harms of the drug war and save public funds, without risking public safety.


Given that the Tables presently translate quantities of various illegal drugs into their marijuana-equivalent quantities for the purpose of determining relative harm, it would be appropriate to utilize the multi-agency review already happening with cannabis to review and update the tables. Additional research about other historically stigmatized substances should also inform this review. The Food and Drug Administration (FDA) granted a breakthrough therapy designation to MDMA-assisted therapy in 2017, and again granted two breakthrough therapy designations for psilocybin in treatment-resistant depression in 2018 and major depressive disorder in 2019. In 2024, the FDA extended the same status to an LSD formula for the treatment of generalized anxiety disorder. The FDA is also reviewing a new drug application for MDMA-assisted therapy, for which they will likely have a decision by August 2024.


Meanwhile, there has been growing bipartisan support to fund clinical trials exploring the use of psychedelics to treat traumatic brain injuries, depression, military sexual trauma, and post-traumatic stress disorder in veterans. For instance, in the 2024 National Defense Authorization Act, the Department of Defense authorized funding a study on psychedelics for the treatment of PTSD in military members. In March 2024, the Department of Veterans Affairs passed a budget allocating $20 million for clinical trials for MDMA and psilocybin. The National Institutes of Health has also opened funding opportunities for studying psychedelic-assisted therapy for chronic pain in older adults. This shift in the evidence base, and concurrent changes in federal policy, reflects an increasing willingness and mandate to reevaluate long-held assumptions about controlled substances, paving the way for more drug policies driven by data rather than dogma.


Alongside the evidence and government agencies, recent polls have found an overwhelming majority of American voters are also eager for a new approach to drug laws and responses to drug-related offenses. Over 60% support ending the War on Drugs; “eliminating criminal penalties for drug possession and reinvesting drug enforcement resources into treatment and addiction services”; repealing mandatory minimum sentences for drug crimes; and commuting, or reducing, the sentences of people incarcerated for drugs. Representing one of “the few truly bipartisan issues in American politics,” the “breadth and depth of support for change suggests that there are few issues for which the nation’s laws so misrepresent the preferences of the American people as for drugs.”


Despite these widespread calls for evidence-based policies and new approaches for regulating controlled substances, the Tables remain based on outdated medical, scientific, and sociological information. Not only do they recommend disproportionately severe penalties, they have no basis in the actual risks posed by each substance, the realities of the illicit drug market, criminal culpability, or other public safety factors. Congress and this Commission have already acknowledged that the Tables have resulted in outrageous sentencing disparities for otherwise similar behaviors, at least in the context of crack versus powder cocaine. For the Tables to be more in line with the Controlled Substances Act’s stated process for regulation, there is a serious need for the USSC to re-evaluate sentences based on “current scientific knowledge regarding the drug or other substance,” potentially positive “pharmacological effect[s],”42 and likelihood of misuse and dependence.


Any inquiry should take into account ways harm reduction approaches, public education, and proven methods of avoiding harm and use among minors can reduce the likelihood of misuses and dependence. Revising the Tables would likely lead to a reduction in resources spent on enforcement, prosecution, and punishment. Those resources could then be reinvested to bolster effective harm reduction and public education efforts.


Last Prisoner Project and countless other organizations across the political spectrum and around the country are coming together to organize and inform the USSC and the general public about the importance of this issue. The United States is long overdue for sentencing reform, and the urgency lies especially with drug-related offenses. As a complete review and revision of the Tables will likely require the USSC to conduct a multi-year study, the Commission must take an important first step to initiate such an inquiry now.


Conclusion


Like all components of criminal sentencing, criminal history score calculations should be proportionate to the offense and no greater than necessary to further the goal of public safety. Additionally, sentencing guidelines should be equitable and structured in a way that works to reduce racial disparities. By removing prior cannabis offenses from criminal history scores and allowing for changes to cannabis laws to be used as the sole basis for an extraordinary and compelling justification for release under 3582(c)(1)(A) the Commission can better achieve its goals of sentencing policies that align with fairness and justice.


In addition, we encourage the Commission to commit to conducting a reevaluation of the drug quantity and drug conversion tables more broadly given the available scientific and medical data.


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

What President Trump's Private Prison and Death Penalty Executive Orders Tell Us About Criminal Justice Reform to Come

By Adrian Rocha • February 7, 2025
o weeks into President Trump’s second term, cannabis has not surfaced as a leading issue in the early days of his new administration. However, several appointments and two executive orders signed during the first week of his second term will factor into the new administration’s drug and criminal justice policy approach. On his first day in office, President Trump signed an Executive Order (EO) rescinding a slew of EOs signed by former President Biden, including one effectively ending the use of private prisons to house federal prisoners . At the time President Biden signed the EO directing the Justice Department not to renew contracts with private prison firms, it was estimated that around 14,000 individuals incarcerated at the federal level were being held at private prisons. Additionally, President Trump signed another EO encouraging the Attorney General to “pursue the death penalty for all crimes of a severity demanding its use.” During his first term, President Trump voiced his support for seeking the death penalty for drug traffickers. This position was later formalized in a memo by then-Attorney General Jeff Sessions that encouraged federal prosecutors to seek the death penalty in cases involving large-scale drug traffickers. There were concerns at the time that the memo could be used to seek the death penalty for individuals involved in large-scale, state-legal cannabis operations; however, these fears never came to pass. The uncertainty around leadership further complicates the implementation and impact of these two executive orders. President Trump’s Attorney General nominee, Pam Bondi, who will oversee the Justice Department, was confirmed earlier this week. Additionally, the recent resignation of the Director of the Bureau of Prisons (BOP) has left the agency without a leader. During her confirmation hearing, Bonid reiterated her support for the continued implementation of the First Step Act, which could lead to additional releases from the BOP. In a letter to the newly minted Department of Government Efficiency, Senator Elizabeth Warren (D-MA) also encouraged the federal government to look at scaling back the enforcement of federal cannabis laws, broader legalization, and the BOP to pursue compassionate release at greater scale to reduce the size and cost of the federal prison population. In her letter, Senator Warren cites a potential cost savings of $881 million if the BOP were to more zealous seek the release of individuals over age 65, are classified as presenting a minimum or low risk of recidivism, and are found not to be a danger to the safety of any person or the community. LPP has successfully advocated for the release of constituents incarcerated for cannabis via commutations and compassionate release motions, including nine in the first Trump administration. If the goal of a second Trump administration is to divert resources away from government largesse, ending unnecessary cannabis enforcement and granting clemency to those still incarcerated for cannabis is a great way to start.

Maryland Must Build on Record Relief Progress with the Expungement Reform Act (SB 432)

By Adrian Rocha • February 4, 2025
At the Last Prisoner Project (LPP), we know that those burdened by past cannabis convictions deserve true justice by getting their criminal records fully expunged and allowing individuals to move forward without the lifelong barriers. In Maryland, where Governor Wes Moore made history last year by issuing the nation’s most sweeping cannabis pardon order, we are now calling on lawmakers to take the next step: passing SB 432, the Expungement Reform Act of 2025 . A criminal record—whether for a conviction or even just an arrest—can create lasting obstacles to employment, housing, education, and other opportunities. The impact is not just personal; according to research from the Center for Economic and Policy Research, the U.S. economy loses between $78 and $87 billion annually due to employment barriers faced by people with criminal records. These collateral consequences compound the injustices of the War on Drugs and disproportionately affect communities already marginalized by systemic inequities. SB 432 seeks to simplify the expungement process, removing unnecessary bureaucratic hurdles and making it easier for individuals to clear their records. The bill will help thousands of Marylanders—many of whom have already served their sentences—access new opportunities and contribute fully to their communities. In 2024, Governor Wes Moore demonstrated bold leadership by granting pardons to over 175,000 Marylanders with low-level cannabis convictions. This was a critical step toward undoing decades of harm caused by cannabis prohibition. However, the reality is that while a pardon provides some relief, it does not automatically erase a record. Individuals must still navigate complex legal procedures to have their records expunged—a process that can be costly, time-consuming, and confusing. LPP urges the Maryland General Assembly to amend SB 432 to ensure that individuals granted full and unconditional pardons can have their records expunged automatically. Without this critical update, many of those pardoned under Governor Moore’s order will still face barriers to jobs, housing, and other essential services, despite having been officially forgiven by the state. Adrian Rocha, LPP's Policy Director, was recently appointed to the governor's roundtable on expungement, where we hope to provide further expertise on how to fully effectuate cannabis justice through retroactive relief. Research shows that record clearance not only benefits individuals but also strengthens communities. A recent study found that five years after receiving expungement, individuals were less likely to engage in criminal conduct than members of the general public. By increasing access to jobs, housing, and educational opportunities, expungement promotes community reintegration and stability—key factors in public safety. Moreover, Maryland has the opportunity to join 12 other states that have implemented state-initiated expungement for certain offenses, recognizing that individuals should not be required to navigate complex legal systems to obtain relief they are already entitled to. Maryland has already taken significant steps toward cannabis justice, but the job is not done. Passing SB 432 and ensuring automatic expungement for those granted clemency will solidify the state’s commitment to meaningful criminal justice reform. LPP urges the General Assembly to pass SB 432 and amend it to ensure that those who have received full pardons under Governor Moore’s order do not have to wait or fight for the relief they were promised. This is about more than policy—it’s about restoring dignity, removing barriers, and allowing Marylanders to build better futures. The time for action is now. Maryland’s commitment to justice through record relief must extend beyond pardons. Let’s finish what we started. Read our full testimony below:

Finding Freedom and Purpose: Deshaun Durham's Story

By Stephanie Shepard • February 4, 2025
The holidays are a time for joy, family, and reflection. For DeShaun Durham, this past New Year’s Eve marked a profound moment of gratitude and rediscovery—the first time in three years he could celebrate surrounded by loved ones. His journey back to freedom is not just a personal triumph but a testament to the resilience of the human spirit and the urgent need for reform in how we treat cannabis-related offenses. DeShaun’s story begins in Manhattan, Kansas—the "Little Apple"—where he grew up. Like many teenagers, he struggled with depression and found solace in cannabis. By 21, however, his involvement with the plant led to a life-altering experience: a raid on his home that ended with 15 armed officers pointing guns at him. The crime? Possession of 2.4 pounds of cannabis in a state where it remains illegal. The punishment? An excessive sentence of 92 months in prison. The disparity in how cannabis offenses are treated across the United States is glaring. In states like Colorado and California, cannabis is a thriving legal industry. Yet in Kansas, DeShaun’s life was derailed for possessing what many now buy legally. “The prosecutor told me at one of my preliminary hearings that I got caught with cannabis, so that meant I deserved to go to prison,” DeShaun recalls. He’d hoped for probation. Instead, he faced the loss of his twenties and a bleak future. DeShaun’s initial months in prison were harrowing. Transferred to a Super Max facility, he endured inhumane conditions: unbearable heat, 10-by-10 cells, and a mere 15 minutes outside each day. He feared that this might be his reality for the next eight years. Yet, amid the despair, hope flickered. The turning point came when Deshaun decided to apply for clemency. Despite the skepticism of fellow inmates who had seen countless applications ignored, DeShaun pressed on. His determination to reclaim his life was unwavering, even as he anxiously watched Kansas’ gubernatorial election, knowing that a change in leadership could seal his fate. When Governor Laura Kelly, a Democrat, was re-elected, DeShaun’s hope grew stronger. A key figure in DeShaun’s journey was Donte West, a fellow advocate who understood the struggles of incarceration. Through connections and the support of an organization; Last Prisoner Project, DeShaun’s case gained traction. Donte’s commitment to helping others resonated deeply with DeShaun’s situation, and together, they navigated the labyrinth of legal appeals and advocacy. The moment DeShaun learned his sentence had been commuted is one he will never forget. “It felt like my spirit had left my body,” he says, recalling the shock and disbelief. For the prison attorney who delivered the news, it was a rare and remarkable moment in his 30-year career. For DeShaun, it was the beginning of a second chance. Now, as a free man, DeShaun reflects on the broken system that took years of his life. His story is a stark reminder of the urgent need to address cannabis-related incarceration, especially as societal attitudes toward the plant continue to shift. Deshaun’s resolve to use his experience to help others is inspiring. He’s determined to make his voice heard, to ensure that others don’t face the same fate he did. DeShaun’s story is not just his own. It’s the story of countless others who remain behind bars for offenses tied to a plant that is increasingly embraced across the country. It’s a call to action for policymakers, advocates, and communities to push for reform. Most importantly, it’s a reminder that even in the darkest moments, hope and perseverance can light the way to freedom. Last Prisoner Project: First question...how were your holidays? Deshaun Durham: They were good. I'm glad I got to do something on New Year's Eve. Being around my family for the first time in 3 years was nice. It was a great feeling to be able to enjoy that again. Last Prisoner Project: What did bringing in a New Year feel like? It's really New Year, new you from what you did last year to this past year. Since you've been out, you've even gone to a couple of Kansas City Chiefs games, how has that felt for you? Deshaun Durham: It was a good feeling. I'm glad I could spend my new year trying to help others and make their voice heard. Holidays had been taken away for so long that they hit differently. It was hard to be locked up and not be around your family while being in a negative environment when the holidays are supposed to be a happy time. Last Prisoner Project: What have your Christmases, Thanksgivings, and New Year's been like for the past 3 years? Deshaun Durham: I tried not to think about it, taking them as just another day. You don't want to think about moments like that when you're in prison because it makes the time harder. Last Prisoner Project: Can you talk a bit about these past few years and how you found yourself away from your family, where you've been for the past 3 years, and how you got there? Deshaun Durham: I was in a Hutchison Correctional Facility in Hutchison, Kansas. I had gotten caught with 2.4 pounds of cannabis in Manhattan, Kansas. My home was raided, my door was kicked down, and there were about 15 police officers, all with their guns pointed at me... just to find some cannabis. I found it excessive that I had guns pointed at me for a plant that's legal in so many states. I was on bond for 2 years while I worked a job and stayed out of trouble, but they still felt the need to sentence me to 92 months in prison. The prosecutor told me at one of my preliminary hearings that I got caught with cannabis, so that meant I deserved to go to prison. Last Prisoner Project: What's your background? Where did you grow up? Deshaun Durham : I grew up in Manhattan, Kansas, my whole life. Some people call it the Little Apple. Last Prisoner Project: That's funny. When did you become involved with the plant? Deshaun Durham: At a very young age, I was probably in the 7th grade. I know I was a little young, but I was a kid that always got bullied. I struggled with a lot of depression, so I picked it up fairly early on in life, but it helped me through a lot of tough times, growing up. I'm just glad I was able to find a way to help me keep going in life. Last Prisoner Project: Is that why you decided to help bring that to others who may be struggling? Deshaun Durham: That was in 2018. I was going through another tough time because, having a lot of family issues, I had no money and nowhere to go. In my mind, I was thinking, "Oh, it's just weed, everyone loves weed. I'm not going to get in that much trouble for it. I'll probably get probation. I know it's illegal in my state, but I won't get in that much trouble." I'd never been in that kind of trouble before in my life. Reality hit me when they started tossing out the 92 to 144 months, and that's when I began to see I was mistaken about how harsh they would be towards me. Last Prisoner Project: Do you attribute that to being ignorant of the process or naive to the seriousness of where the system was with cannabis? Deshaun Durham: Both. I didn't know what could happen, and I didn't think cannabis was that serious. Last Prisoner Project: You were very young when this all happened. At what age did you get incarcerated? Deshaun Durham: I was 21. Last Prisoner Project: 21. So as a young man facing these 8, maybe more, years in prison that they were throwing out at you. How did you process the sentence you were given when you knew that that was your sentence? Deshaun Durham: Yeah, it was a lot of, you know, just like thinking that like, Oh, I lost my whole twenties, and you know I didn't know what prison was like, you know, I was kind of like, oh, I wonder what's gonna happen? I was just this young kid who's never been in trouble in his life. So you see, all the TV shows and everything like, Oh, people in prison, you know, they're going to do bad things, or this is going to happen, and that's going to happen, and was just ignorant to the situation. I thought prison was a bad place and nothing good would come out of it. I was thinking that my life was over essentially for almost 10 years. I thought I would get out of prison with nothing and be almost 30, and I wouldn't have any friends because they would have all moved on, forgetting about me. Last Prisoner Project: At what point while you were incarcerated did it set in for you when you were sitting there and you thought that this was your fate? Or maybe you didn't. Maybe you were always like, no, I'm going to get out of this. Deshaun Durham: Reality kicked in when I was being processed in Super Max, where I was for four months. It was a rough experience. It was during the summer, there was no A/C, and I was stuck in a 10 by 10 cell. I just remember it being so hot. I had no bed sheets or anything on my bed, and I was thinking, man, I hope this whole 8 years isn't like this! People would try to open the windows to get some relief from a breeze, but then the officers would come in with the maintenance people and cut all the knobs off the windows so people couldn't open the windows. We only got 15 min out every day, so I couldn't talk to my family during that time. I had hope that I could get out early because everyone, even the officers, when I told them how much time I got for what I did, would say, "Oh, you need to appeal. That doesn't even make any sense!" I kept hoping that if other people agreed that it wasn't fair, maybe people higher up would agree with it also. Last Prisoner Project: You spoke about your family. Tell me about your family and how they were affected by your incarceration. Deshaun Durham: I live with my mom, my little brother, my sister, and my mom's husband right now. My dad lives in New Hampshire, and a lot of relatives from my dad's family live in Massachusetts. I have 3 sisters and a brother there. My sisters are twins, and one of them had a baby while I was locked up, so I'm an uncle now. I haven't even had the chance to meet my new niece yet. Last Prisoner Project: Being close to your Mom, in what ways did you see your incarceration affect her? Deshaun Durham: It definitely hurt her. She was really the only person I could talk to when I was having a bad day or when things weren't going right. She didn't want to hear me down and depressed every day. Last Prisoner Project: Did you ever feel the need to hide how down you really were, or did you portray to her that you were doing better than you were, for her benefit? Deshaun Durham: Sometimes. There were times when I didn't want to talk to anyone because I didn't want to burden them with my problems. I just wanted people to enjoy life out there and I was just going to accept the reality for what it was. Last Prisoner Project: You started to feel like there was help for you out there. How did you start your journey to reunite with your family and continue with your life? Deshaun Durham: Between the heat and the poor conditions, I knew I didn't want this to be my foreseeable future. I heard that I could turn in a clemency application. I knew so many people who turned in clemency applications but got nothing. They would say, "Oh, yeah, good luck with that, I've been waiting on my clemency for, like ten years and three governors", but I thought it was worth a try. I filed and also wrote a nice 4-page letter to the governor and told myself, "I turned it in, now I just have to wait." I knew that a Democratic Governor would probably be my best shot at any action. It was an election year for Kansas Governor. I stayed up all night looking through the window of my cell at the TV, watching the election, sweating, and hoping that Laura Kelly won because I knew if she didn't win, my chances might not be as good. Thankfully, she won. It was a relief. I've never been so in tune with an election like that until it directly affected me. Last Prisoner Project: Donte West, at what point did he enter your world? Deshaun Durham: I was in the same place where he served time. When I got sent to Hutchinson, I met another inmate, Antonio Wyatt, and I told him about my case. He told me that he had a similar case, and he said, "Well, I know these people that could help you. I was locked up with my Guy, Donte when I was in Lansing, and we made a pact that whoever got out first, we'll try to get the other out. I could give him your information and have him work on your case because I hate seeing you in the same situation as me, and you're a lot younger than me." If it wasn't for Antonio, I would have never found Last Prisoner Project or Donte, and it probably wouldn't have worked out the same way. Last Prisoner Project: Donte took a huge interest in your case. He's passionate about all that he does as an advocate, but I think something in you, he saw in himself, with your age and different things that you've gone through in the past, it seemed to resonate with him, and he took it to heart and pushed it to the point where you were up for clemency. When you learned about your clemency being granted and that you were going to be released, what was your first thought? Deshaun Durham: I remember the exact moment that I found out because it was a bad day. I was mad because I lost a card game. I hopped on the phone to call my mom, but she told me to call her back in 10 minutes, so I decided to check my messages on my tablet and I saw that I had a message from Mary Bailey, and it was in all caps, GOVERNOR KELLY COMMUTED YOUR SENTENCE! It felt like my spirit had left my body, and I was looking down at myself, I didn't think it was real. Last Prisoner Project: Being told that this nightmare is over must have made the day better. Deshaun Durham: I felt like I was dreaming. The attorney for the prison walked up to me with a letter in his hand and said, "I had to hand-deliver this letter to you, and this doesn't happen often. This is the first time I've seen this happen, and I've been at Hutchinson for 30 years!" He told me to make the best of my opportunity and don't get in trouble again. It was like everyone in the prison, you know, was happy for me because everyone was congratulating me, even the guards were congratulating me. I think it was the first person in Hutch who got that type of relief almost four and a half years early. Last Prisoner Project: It should happen much more. That's why not only was your family rooting for you, but you saw other prisoners and even the officers wanting justice for you. Many people were out here so excited when the announcement was made about your release. When I got home, I felt anxious, how are you feeling? Do you think about how blessed you are by being home so soon? Deshaun Durham: I'm still taking it in and just trying to enjoy life. I'm working at a Chinese restaurant and trying to save as much money as I can. I'm still on parole, but when I get off parole, I think I'm going to move to Kansas City, Missouri, and turn this experience into something productive. I want to find my spot in the legal cannabis industry. I have been researching steps I could take to find what fits for me. I'm passionate about cannabis, and since I lost 3 years of my life in prison because of the criminalization of the plant, I think it's only right that something good comes of it. Last Prisoner Project: At any point through this process, was there a sense of guilt that you were getting out and leaving people behind? And is that why you're now so passionate about giving that hand back to people who are still incarcerated? Deshaun Durham: I met a lot of good people there. One guy's been in prison for 11 years for like 90 pounds, and he still has two more years to go. I'm just tired of the injustice. It's ruining people's lives and taking them away from their families. I just want to help as many people as I can with the opportunities I've been given. Last Prisoner Project: We at LPP are grateful that you have been so generous with sharing your story. People must understand the impact of what being incarcerated for a cannabis-related offense is really like, and you're a perfect spokesperson for it. As we move forward, we are now advocating to a different administration. As we continue to fight, if you could snap your fingers, what would you like to see change with cannabis reform? Deshaun Durham: I think it should be legalized federally and regulated like alcohol and tobacco. Of course, anyone who's been in prison or is still in prison for cannabis should be free, and the barriers of entry to the legalized industry should be lifted for anyone who's ever been to prison for cannabis. I look forward to getting to the point where no one has to worry about getting a harsh punishment for a plant anymore. Last Prisoner Project: I certainly hope that we get to hear your voice this year for 4/20 Day of Unity. Last year for 4/20, it was amazing to get so many organizations together that all have similar goals toward cannabis reform and and hear the voices of people like Donte West and Kyle Page. Deshaun Durham: I'll be there. Last Prisoner Project: When you were incarcerated, the industry was already up and flourishing so knew what the legal industry looked like right? Deshaun Durham: Yes. The hardest days were on 4/20 when I'd watch the news, they'd have a Stoner Movie Marathon, or they'd show all the 4/20 parades. I was serving 8 years for something that everyone was enjoying on that very day. Last Prisoner Project: You have 24-36 months of parole. Are you feeling any pressure from that? Are you nervous about completing the parole, or is it already set in your head that you are going do this with no problem because you know the alternative, the other side of things? Deshaun Durham: I'm not worried. I haven't smoked for so long that I can wait to smoke for two more years. I'm not going to have any problems because I mostly just work, go home and do my research. I know that I can be more of a help to you guys when I'm off parole, and I can travel and do other things. There is a little bit of anxiety because there's so much that I want to accomplish. I got out, and I want to help other people in my situation. I'm ready to start this first full year out in a positive way and see what it brings. Hopefully, there will be some doors opened for me to some good opportunities where I can better myself and my future. Last Prisoner Project: I know that there are a lot of people in your corner. Many LPP partners believe in second-chance hiring and will surely welcome you into the legal space when you're ready. I think it's very cool that Donte is giving that hand, and he gave that hand to Kyle Kyle Page, and Kyle Page is giving that hand to other people. And now you are an extension of that. Last Prisoner Project: So, you know, let's knock on wood and hope that the current administration releases some people. What would you say to them? Deshaun Durham: Yes, most definitely. I would just like to say it's a very senseless and barbaric war, and the people deserve to be free. For something that has zero confirmed overdoses, and has very little, if any, negative effects on society. I just feel like everyone deserves to be free. Last Prisoner Project : Thank you so much for sharing some of your journey with us and speaking out for those who can't speak for themselves.
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