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.
The Cannabis Unity Coalition Hosts Multi-Day Activism Event that Includes a Press Conference, Lobby Day, and White House Rally to Free Those Still Incarcerated Download Photos + Videos from the Week’s Events Tuesday, April 29th (Washington D.C.) - As Americans across the country celebrated the 4/20 cannabis holiday last week, tens of thousands of people sat in prisons incarcerated for cannabis-related offenses, licensed cannabis businesses struggled, and the federal government's cannabis reclassification process remained stalled. But this week, lawmakers and advocates are gathering on Capitol Hill to harness their movements’ momentum and enact change. Mobilizing the 70% of the public that supports legalization into political pressure, the Cannabis Unity Coalition — the largest bipartisan alliance of advocacy, industry, and grassroots organizations — is leading Cannabis Unity Week of Action this week, taking place April 29–May 1, 2025, in Washington, D.C. The multi-day event brings together advocates, impacted individuals, and industry leaders to pressure Congress and the Trump administration to fully legalize cannabis and deliver retroactive relief to those harmed by outdated prohibition-era policies. Advocates started the week today with a congressional press conference at the House Press Triangle, where they were joined by Congressional Cannabis Caucus members Congresswoman Ilhan Omar (D-Minnesota) and Congresswoman Dina Titus (D-Nevada), alongside other representatives who spoke about current legislative efforts. The press conference was followed by a welcome ceremony in the U.S. Capitol Visitor Center. “It’s a pleasure to join the Cannabis Unity Coalition on Capitol Hill to call for federal cannabis reform,” said Congresswoman Dina Titus (NV-01) . “As Co-Chair of the Cannabis Caucus, I am dedicated to working with advocates to modernize the government’s outdated approach to cannabis and ensure that common-sense legislation is advanced in Congress.” “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." As part of their 4/20 clemency campaign with LPP , members of Ben & Jerry’s advocacy team joined to help build awareness and mobilize grassroots efforts to demand clemency from governors across the country. Wednesday will be dedicated to our Lobby Day where attendees will meet with their elected officials on Capitol Hill to advocate for cannabis reform, particularly the newly reintroduced STATES 2.0 Act and PREPARE Act . Coalition partners have planned meetings with elected officials from both parties in the House and Senate including Sen. Cory Booker (D-New Jersey) , Sen. Adam Schiff (D-California) , Sen. Josh Hawley (R-Missouri), Sen. John Fetterman (D-Pennsylvania), Sen. Andy Kim (D-New Jersey), Sen. Elizabeth Warren (D-Massachusetts), Rep. Nancy Mace (R-South Carolina), Rep. Tom McClintock (R-California), Rep. Jamie Raskin (D-Maryland) , and other offices to call for the full legalization of cannabis, the removal of criminal penalties, and retroactive relief. Events will conclude Thursday evening with a Cannabis Freedom Rally outside the White House from 4-9 p.m. to honor those still incarcerated for cannabis and demand their freedom via presidential clemency. The rally will feature previously incarcerated activists like Donte West , Kyle Page , and Deshaun Durham , who was granted cannabis clemency by Kansas Governor Laura Kelly at the end of last year. These activists will lend their voices to the actions and share their powerful stories. The Cannabis Unity Coalition is made up of a broad array of advocate groups span across political boundaries and includes Last Prisoner Project (LPP), 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 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); other organizaitons include Freedom Grow, Marijuana Justice, Doctors for Drug Policy Reform, United Food and Commercial Workers Union (UFCW), Supernova Women, Minorities for Medical Marijuana, DCMJ, Just Leadership USA (JLUSA), National Association of Criminal Defense Lawyers, National Coalition for Drug Legalization and the Marijuana Policy Project (MPP), Mission Green, Latinas in Cannabis, the Equity Trade Network, Cannademix, and Free My Weed Man. Those who can’t join us in D.C. can still participate virtually by contacting your federal representatives and asking them to #DecriminalizeNow, urging your governor to grant clemency to those in your state still incarcerated for cannabis, and following along through our livestream. Learn more and take action at LPP.la/CannabisUnityWeek . ABOUT LAST PRISONER PROJECT Last Prisoner Project is dedicated to freeing those incarcerated due to the War on Drugs, reuniting their families, and helping them rebuild their lives. As laws change, there remains a fundamental injustice for individuals whose conviction is no longer a crime. We work to repair these harms through legal intervention, constituent support, direct advocacy, and policy change. Visit www.lastprisonerproject.org or text FREEDOM to 24365 to learn more. Follow Last Prisoner Project: Instagram | LinkedIn | X/Twitter | Facebook Press contact: Stephen Post LPP Communications Manager stephen@lastprisonerproejct.org
At the Last Prisoner Project (LPP), we know that true justice means more than legalization—it means clearing the records of those who were criminalized under outdated cannabis laws. Today, we celebrate a major step forward in that fight for justice as Governor Wes Moore signs SB 432, the Expungement Reform Act of 2025 , into law. In Maryland, where Governor Wes Moore made history last year by issuing the nation’s most sweeping cannabis pardon order, we are now happy to see this next step in reform. 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 simplifies 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. “People in Maryland were living with the unconscionable reality that any probation violation, from a missed appointment to even decades-old possession of small amounts of now legal cannabis, categorically barred them from ever expunging their record,” said Heather Warnken, Executive Director of the Center for Criminal Justice Reform at the University of Baltimore School of Law . “The Expungement Reform Act has addressed this and more, removing barriers to opportunity for thousands held back by their past record. Like Governor Moore’s historic mass pardon, this victory is the product of true partnership, and an incredible step forward for our state.” SB 432 builds on the momentum of Governor Moore’s bold action in 2024, when he issued the largest cannabis pardon order in U.S. history, granting relief to over 175,000 Marylanders with low-level cannabis convictions . However, as we have long emphasized, a pardon—while powerful—does not automatically clear someone’s record. Until now, many of those same individuals still had to navigate a complicated, costly, and often inaccessible process to obtain full relief. Now, thanks to the passage of SB 432, that process will become significantly more accessible—and, in key cases, automatic. This is a vital step toward making sure the promise of cannabis reform includes real, tangible outcomes for those most affected by prohibition. “At Last Prisoner Project, our mission is to secure freedom and rebuild the lives of those disproportionately impacted by the War on Drugs,” said Liz Budnitz, Lead Counsel of the Cannabis Justice Initiative at Last Prisoner Project , who was present at the signing ceremony. “SB 432 embodies the idea that legalization must come with justice and repair for those who paid the price for misguided drug policies. We are proud to support reforms like this bill and look forward to continuing to advocate for policies that prioritize the full reintegration of justice-impacted individuals.” Adrian Rocha, LPP’s Policy Director and a member of Governor Moore’s expungement roundtable , added, "Last Prisoner Project commends Governor Wes Moore for signing SB 432, the Expungement Reform Act of 2025, into law. By creating a more efficient and accessible pathway for individuals to expunge cannabis-related convictions and seek post-conviction relief, this bill is a crucial step in addressing the harms caused by decades of cannabis criminalization in Maryland. We are thrilled that more Marylanders will now be able to move forward with their lives, access new opportunities, and contribute fully to their communities.” Maryland now joins 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. This victory represents not just a legislative achievement, but a powerful moment of healing and restoration. We thank Governor Moore, the Maryland General Assembly, and all our partners and advocates who helped make this bill a reality. But our work is far from over. Cannabis justice means full, automatic relief—not just in Maryland, but across the country. And at the Last Prisoner Project, we’re committed to making that vision real. Watch the full bill signing below and read past coverage here .
Proposed Legislation Marks a Critical Step Toward Ending Criminalization and Repairing Harms from the War on Drugs Washington, D.C. – Today, the Last Prisoner Project released a statement applauding the introduction of two bipartisan bills aimed at ending federal cannabis prohibition and preparing for a post-prohibition regulatory framework. Reps. Dave Joyce (R-OH), Max Miller (R-OH) and Dina Titus (D-NV) announced on Thursday that they’ve filed the Strengthening the Tenth Amendment Through Entrusting States (STATES) 2.0 Act. This bill would end federal marijuana prohibition in states that have legalized it, while providing for a basic federal regulatory framework for cannabis products. Rep. Dave Joyce (R-OH) also introduced the Preparing Regulators Effectively for a Post-Prohibition Adult-Use Regulated Environment Act (PREPARE) Act , which is being sponsored by House Minority Leader Hakeem Jeffries (D-NY). This bill would direct the attorney general to create a commission charged with making recommendations on a regulatory system for cannabis that models what’s currently in place for alcohol. “These bipartisan bills are a critical step forward toward ending the federal government’s failed war on cannabis,” said Stephen Post, Strategic Communications Manager at the Last Prisoner Project . “By respecting the will of states, addressing regulatory uncertainty, and acknowledging the urgent need for reform, this legislation lays the groundwork for a smarter, fairer approach to cannabis policy. Going forward, we also urge lawmakers to ensure that federal cannabis legislation also include robust provisions for sentence modification, automatic record clearance and retroactive relief. Otherwise, we risk building this industry on the backs of those still suffering the consequences of outdated, unjust laws.” The Last Prisoner Project urges lawmakers on both sides of the aisle to support these measures and continue working toward a more just and equitable post-prohibition future. 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 29th - 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. Click here to learn more .
