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Protests Amidst Pandemic Create Opportunities for Reform
Soo Bin Ahn • June 16, 2020
In the midst of a global pandemic the state-sanctioned murder of George Floyd reignited protests and calls for racial justice in municipalities across the nation. While systemic racism permeates every American institution, mass incarceration, fueled by the War on Drugs, is perhaps the most troubling example of the deep-rooted anti-Blackness that pervades the justice system decried by the current protests.
The War on Drugs started during the Nixon administration in the 1970’s and was messaged to the public as a push for safety and a means to reduce crime rates. However, the War on Drugs and the ensuing laws and tough on crime policies were targeted at the Black community. Although this underlying racial animus was evident by the disproportionate effect drug laws had on the Black community, this nefarious intent was made explicit by Nixon aid, John Ehrlichman – who outright stated: “We knew we couldn’t make it illegal to be either against the [Vietnam] war or black, but by getting the public to associate the hippies with marijuana and the blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”
The rhetoric voiced by Ehrlichman has carried through to the year 2020 and the “mythology of Black criminology” still stands. At the same time that wealthy, white Americans are profiting off of the legal marijuana industry, the criminalization of cannabis is simultaneously being used as a pretext to harass people of color, and in many cases to kill them. In 2018, 40%
of the 1.65 million total drug arrests in the U.S. that year were for marijuana. Of those marijuana arrests, 92% were for possession and 8% were for selling or manufacturing. The ACLU
has estimated that Black people are 3.73 times more likely to be arrested than their white counterparts for marijuana despite roughly the same usage. Meanwhile in 2018, Washington State alone made $317 million dollars
in taxes from the same exact drug. Even with the legalization of weed in many states, enforcing marijuana laws cost about 3.6 billion dollars a year. The United States is spending billions of dollars a year to enforce laws to eliminate weed use despite the upward trend in legalization.
At the same time that our country is reckoning with the racism entrenched in our justice system, the ongoing COVID-19 pandemic is forcing the United States to grapple with mitigating the spread of an infectious disease among the largest incarcerated population globally. With the coronavirus exposing the deep inadequacies of the social safety net, the intersections of race, socioeconomic status, gender, age, etc. coalesce and implode within the realm of the criminal justice system. Specifically, incarceration facilities serve as hotbeds of the pandemic. Prone to overcrowding, with inaccessibility to healthcare and hygiene,
the high foot traffic
throughout such facilities serve to exacerbate the spread of the virus—now with the additional influx of mass arrests from the protests for Black lives.
Though COVID-19 response measures have been taken to decrease populations in incarcerated facilities, the arrests of protestors are serving as a counteractive force. Both the protesters and the public at large are placed at grave risk by police tactics that oppose the expertise of public health officials. Detained by the masses, “kettling” and detention, in general, forces protesters into confined areas that make social distancing an impossibility. Additionally, the violent uses of tear gas and pepper spray cause coughing in such spaces and create conditions in which people may need to take their masks off to breathe or to receive immediate medical treatment.
In the last weeks, over 10,000 protesters—many non-violent—have been held in detention, without access to running water or proper sanitation. Many are arguing that all low-level and non-violent offenders should be given a citation rather than be placed in detention during a viral outbreak, creating dire risks for public health. However, even before the latest mass protests and calls for reform, advocates have been calling for reform. Although varied, with state facilities trailing the response
and results of their local counterparts, efforts such as statewide emergency bail schedules (eliminating bail for low-level felony offenses and misdemeanors); authorization of the release of people in pretrial detention for nonviolent offenses; conducting special hearings to release more people from local jails; among others, have brought about the reform that activists have long pushed for. Now, the added calls for broader, systemic reform in light of continued police brutality and killings of Black Americans, may represent the greatest opportunity for real change to our justice system in our lifetime.
The overpopulated criminal justice system has disproportionately affected Black Americans and people of color. The successful carceral reform, in response to the pandemic, can serve as empirical support in envisioning incarceration in a post-COVID world. Lucy Lang, former Manhattan assistant district attorney and current head of the Institute for Innovation in Prosecution at the John Jay College of Criminal Justice, remarked that the “emergency could be the spark that leads to innovation.” Looking toward a post-pandemic America, like-minded activists are proposing to capitalize on this moment in time to establish a new system that emphasizes the approach of restorative justice. With recommendations such as community policing, violence interrupters, reduced sentencing, bail reform, fairer parole policies, and decreased usage of solitary confinement, the future of criminal justice reform holds tremendous capacity for change.
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.
