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Pennsylvania Must Prioritize Expungement and Resentencing in their Push to Legalize Cannabis

Frank Stiefel • February 24, 2024

Governor Shapiro called on the Pennsylvania legislature to legalize adult-use cannabis in his annual budget address earlier this month. The governor noted that any legalization proposal must include expungement provisions for those criminalized during prohibition. 


The inclusion of criminal justice reform policies has become the standard for states that have sought to legalize cannabis. Since 2018, 13 of the 14 states that have legalized cannabis have included record clearance policies, and since 2021, they have all been state-initiated, except for Ohio. While resentencing policies have been slower to take hold, they are also growing in importance and have been included in more than half of the legalization bills since 2020. 


As the first state in the nation to develop and implement “Clean Slate” record clearance, Pennsylvania is uniquely positioned to implement these government-initiated retroactive relief processes successfully. Pennsylvania set up Clean Slate in 2019 to help automate the record clearance process. Since its inception, Pennsylvania’s Clean Slate law has sealed over 40 million records. Last year, Pennsylvania expanded its Clean Slate process to include eligible felony records and shortened the waiting time for eligible misdemeanor records to be sealed. 


Pennsylvania’s Clean Slate record clearance process is already inclusive of cannabis offenses. However, cannabis offenses adhere to the same eligibility criteria and limitations that govern the record clearance process for other criminal convictions. When a state decides to legalize adult-use cannabis, they are explicitly acknowledging that once-proscribed conduct is not inherently criminal. As such, cannabis records should be put through a separate state-initiated expungement process that does not include any barriers to relief (e.g., waiting periods) because the state has already conceded that the underlying offense should no longer be criminalized.


Last Prisoner Project (LPP) has been pleased to see that many of the legalization bills that have been introduced in Pennsylvania acknowledge that cannabis criminal records should be treated differently in light of legalization and include provisions that would allow for the expungement of cannabis records. However, there are improvements that could be made to these legalization bills to ensure record clearance relief for every individual who has a cannabis criminal record while simultaneously setting up a state-initiated resentencing process for those who are incarcerated or under supervision for a cannabis-related sentence. 


LPP recommends that any adult-use cannabis legalization bill include the following record clearance provisions: 

  • Creation of an automated court-initiated expungement process for any nonviolent cannabis record; 
  • Allow expungement of cannabis cases by petition for all other records; 
  • Require the Pennsylvania State Police to identify and expunge charges in its database that are not expunged through the automated court-initiated process; and 
  • Waive all financial obligations connected to these expunged cases.


LPP recommends that the following resentencing provisions be included in any legalization bill: 

  • The release from incarceration for individuals with marijuana possession convictions;
  • The creation of an automated court-initiated process to schedule sentence reviews for all individuals serving periods of incarceration or supervision for a marijuana-related conviction; 
  • Ensuring that fair sentence reviews are provided for eligible individuals and deliberated over with limited discretion from stakeholders other than the judge; and 
  • Ensuring that eligible individuals receive resentencing hearings and decisions in a timely manner.


Since the start of the year, LPP has spoken with legislators to provide guidance regarding how these retroactive relief measures can be effectively incorporated into any adult-use legalization bill. We hope that the Pennsylvania legislature will take our recommendations seriously to ensure that the state repairs the harms caused during the War on Drugs, which have been particularly felt in communities of color that have been systematically targeted throughout the history of cannabis prohibition.


Pennsylvania has a long way to go to achieve full cannabis justice. Our recent State of Cannabis Justice Report only gave Pennsylvania a grade of "D+" when it comes to their cannabis justice policies. But, LPP will continue to advocate in the state to push forward robust retroactive relief measures as the state considers legalization.

LPP Calls on USSC to Enact Further Drug Sentencing Reform and Supervised Release Changes

By Stephen Post • March 11, 2025
The Last Prisoner Project (LPP) has submitted a formal comment to the U.S. Sentencing Commission (USSC), advocating for critical changes to federal drug sentencing guidelines and supervised release policies. LPP’s recommendations aim to reduce overly punitive sentencing practices, promote rehabilitation, and improve public safety. Reforming Supervised Release LPP supports proposed amendments granting courts greater discretion in imposing and modifying supervised release. Overly rigid supervision can create unnecessary barriers to successful reintegration, increasing the likelihood of recidivism. Key recommendations include: Individualized assessments : Courts should tailor supervised release terms to the specific needs of each individual. Elimination of unnecessary supervision : LPP urges the removal of mandatory supervised release requirements when not explicitly required by statute. Early termination of supervision : Encouraging courts to assess whether continued supervision is necessary after one year, reducing unnecessary burdens on individuals and the justice system. Reducing Drug Sentences LPP also calls for major reforms to the Drug Quantity Table, advocating for reductions in base offense levels across all substances, with additional reductions for cannabis and psychedelics due to their increasing medical recognition and evolving legal status. Lowering the highest base offense level to 30 (or lower) : Research consistently shows long prison sentences do not improve public safety and can actually increase recidivism. Proportional reductions across all drug types : Harsh sentencing has not been an effective deterrent, and a more balanced approach is needed. Additional reductions for cannabis and psychedelics : Given their lower risk profiles and medical potential, sentences for these substances should be significantly reduced. Addressing Low-Level Drug Offenses LPP supports a six-level sentence reduction for individuals convicted of low-level trafficking roles. Many involved in minor drug-related offenses are individuals with limited economic opportunities, and excessive sentences do little to address the root causes of their involvement. Retroactive Application of Sentencing Reforms Currently, approximately 63,000 people are serving federal sentences for drug-related offenses, many under outdated guidelines. LPP urges the Commission to apply any sentencing reductions retroactively, allowing individuals already incarcerated to benefit from these long-overdue reforms. LPP commends the USSC for considering these reforms and urges them to take bold action. By implementing these changes, the Commission can help reduce mass incarceration, promote fairness, and allocate resources toward more effective public safety strategies.

After 11 Years Behind Bars for Cannabis, Claudio Martinez Jr. is Released After Receiving Clemency From Biden

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 four children— Jasmine (pictured below), Emilio, Eric, and Eli—who have waited over a decade for this moment. His eldest daughter, who tragically passed away in 2018, will be deeply missed in this reunion, a reminder of the many years lost to excessive sentencing.

Cannabis Unity Coalition to Return to Capitol Hill for 2nd Annual Unity Week of Action April 28th to May 1st

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
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