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Since the President’s surprising pardon announcement last month, the case for cannabis resentencing is stronger than ever

Frances Trousdale • November 7, 2022

On October 6, President Biden made an unprecedented announcement about how his administration will address cannabis policy moving forward. His announcement had three parts: 1) pardoning citizens with federal marijuana possession convictions; 2) calling on governors to take similar action at the state level; and 3) calling on the Secretary of Health and Human Services and the Attorney General to review marijuana’s federal Schedule 1 status. The intent of these efforts are clear: The war on cannabis failed. It was wrong. And governments must act to begin to redress those wrongs.


The intent of the President’s action was to begin what will be a long process to provide retroactive relief for those criminalized for cannabis across the country. Governors interested in heeding the President’s call can issue similar executive pardons and use their authority to encourage legislation that provides automatic record clearance for individuals suffering the collateral consequences associated with having a cannabis record and sentence reviews for individuals still incarcerated for cannabis offenses. And state legislatures can take up said legislation and act on it swiftly.


The Virginia General Assembly had begun this process prior to the President’s announcement, but there is still work to do. In 2021, legislation was passed to provide automatic sealing for certain low-level marijuana records. Implementation of that is underway. But legislation to provide sentence reviews to Virginia prisoners serving time for cannabis-related convictions was not adopted in 2021 or 2022.


The War on Drugs marked an era of harsh cannabis criminalization, with the arrest and incarceration of millions of people for marijuana offenses, disproportionately people from marginalized communities. The position toward cannabis has dramatically shifted over the past decade, including in the Commonwealth. Yet, over a year after legalization was enacted here, it has failed to benefit many of the individuals most impacted by prohibition policies. Legalization does not operate retroactively, so while it may halt the harms of continuing prohibition, it does not repair the harms from decades of criminalization. 


To legalize with integrity, Virginia must offer sentence reviews to individuals still serving time for cannabis-related offenses. Cannabis resentencing is essential to the mission of the justice system. Incarceration places a cost upon both the state and its citizens--a significant human and financial burden. Justifying such costs requires showing the public safety benefit of taking the freedom of certain individuals. Who benefits from people staying in prison for something the government no longer considers criminal? Is the human and financial cost of keeping mothers and fathers incarcerated who pose no threat to society worth it?


From a moral perspective, continued incarceration for cannabis offenses is unjustifiable. Since cannabis was first criminalized, its enforcement was riddled with racist intent. Virginia has worked to reckon with the complicated history of its drug laws, reconsidering policies and ultimately repealing prohibition. But this progress falls short: while state leaders are contemplating the structure of a highly profitable new industry, at least several hundred Virginians are left behind bars for the very same behavior. 


And from a practical perspective, continued incarceration for cannabis offenses is unjustifiable. When a state chooses to punish a specific behavior, it signifies that the cost of incarcerating someone who engages in it is worth the benefit of separating them from society. If a state chooses not to punish a behavior, it signifies that the cost of incarcerating someone is not worth the benefit of separating them from society. Virginia’s choice to legalize recognizes that incarceration for cannabis-related offenses is a waste of taxpayer dollars--and yet, we continue to do it. 


Criminal laws and sentences reflect the time at present, and we need a justice system that mirrors this. Our treatment of cannabis has entered a new era, but Virginia’s criminal code remains stuck in an old one. The path forward is clear: to achieve the standard for morally and practically sound drug policy, Virginia must adopt cannabis resentencing--or risk all the progress we have made. 


Thanks to our friends at Recidiviz, we developed this policy impact memo to better understand the scope of resentencing in Virginia.

420 For Freedom: Last Prisoner Project and Ben & Jerry’s Call on Governors to Grant Cannabis Clemency

By Stephen Post • April 10, 2025
This 4/20, Last Prisoner Project (LPP) and Ben & Jerry’s are joining forces to urge governors across the country to grant clemency to those still incarcerated for cannabis-related offenses. While millions of Americans now legally purchase and profit from cannabis, thousands will remain behind bars for nonviolent cannabis convictions. Through a nationwide digital campaign and on-the-ground events, Ben & Jerry’s and LPP are encouraging supporters to take direct action by signing petitions, contacting governors, and sharing stories of those unjustly imprisoned. Despite broad bipartisan support and growing momentum for legalization and retroactive relief, states with and without legalized adult-use cannabis continue to incarcerate individuals like Antonio Wyatt , who is behind bars in Kansas, and Robert Deals , who is still serving a lengthy sentence in Arizona. “It is unacceptable that while legal cannabis generates billions in tax revenue, states still incarcerate people like Antonio Wyatt and Robert Deals who are serving time for the same thing,” said Sarah Gersten, Executive Director of Last Prisoner Project . “Governors have the power to right this wrong, and we’re calling on them to act now.” The urgency behind this campaign is clear. States continue to enact and enforce outdated cannabis laws—Kansas still maintains full prohibition, while Arizona incarcerates individuals for cannabis-related offenses despite a booming legal market. Meanwhile, public support for clemency is overwhelming; an ACLU poll found that 84% of Americans favor releasing those still behind bars for cannabis offenses. Calls for governors to grant state-level clemency have only been answered by a few leaders like Maryland’s Wes Moore , while many others have failed to act, leaving justice delayed for those still incarcerated. As part of ground efforts, Ben & Jerry’s will be joining the Cannabis Unity Week of Action in D.C. from April 29th-May 1st, serving ice cream to build public awareness and mobilize grassroots efforts to demand clemency from governors like Katie Hobbs (AZ) and Laura Kelly (KS) . Ben & Jerry’s will also be joining LPP to scoop ice cream at PuffDao’s 4/20 Buds and Bites event at PleasureMed in West Hollywood, CA. Supporters can help make this a #420ForFreedom by taking the following actions: ✅ Send a letter to your governor urging for cannabis clemency ✅ Sign petitions and share stories for Antonio Wyatt (KS) and Robert Deals (AZ) ✅ Join the Cannabis Unity Week of Action ✅ Amplify the call for justice by sharing on socials with our #420ForFreedom toolkit ✅ Donate to support our constituents with direct financial support We are grateful for Ben & Jerry’s and all of our 420 For Freedom partners who are supporting us this year including Sunset Lake CBD , The Majority Report Radio , Vessel , Verdi , The Tea House , Dialed in Gummies , Buds Goods , WNC CBD , Jeeter , Counselle Collection , Tree House Cannabis , Ethos , Silver Therapeutics , North Atlantic Seed Co. , Releaf Center , The Peach Fuzz , Cats Luck Vegan , and Police and Thieves (POT) and more. For those interested in supporting our 4/20 efforts, you can learn more at lpp.la/420 . Media contact: Stephen Post Strategic Communications Manager, Last Prisoner Project stephen@lastprisonerproejct.org

LPP Recognizes Second Chance Month By Honoring Constituents and Fighting for Reentry Resources

By Stephen Post • April 1, 2025
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.

HB 132 to Expedite Cannabis Expungement in Hawai'i Passes Senate and Heads to Governor Green

By Adrian Rocha • March 31, 2025
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.
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