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The Future of Cannabis Under a New Trump Administration

Stephen Post • January 23, 2025

With the inauguration Monday, we are now in a new Trump administration and it is important to lay out what we know, what we don't, and what we hope for cannabis policy in the U.S.  President Trump has claimed that he supports a state's rights approach to cannabis legalization. On the campaign trail, President Trump said he is starting to “agree a lot more” that individuals should not be criminalized for cannabis when it’s being legalized across the country. He even posted, “I believe it is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use.” 


Our goal remains the same, provide retroactive relief for the thousands harmed by prohibition and enact legalization to ensure no one else has their life derailed for a cannabis offense. Here are some of the avenues in which President Trump could enact changes:


What we know about  Clemency

In Trump’s first term, he commuted 16 people and pardoned 6 individuals for cannabis offenses. However, there are still thousands of people in federal prison for cannabis awaiting relief. Trump has already shown a willingness to use his clemency power, but it is not clear if that will be extended to those with cannabis offenses.


The goal: Free everyone still incarcerated for cannabis via clemency now.


What we know about  Rescheduling
On the campaign trail, Trump stated that, ”as president,[we] will continue to focus on research to unlock the medical uses of marijuana to a Schedule 3 drug.” Given the cancellation of recent rescheduling hearings and the absence of a new nominee to head the DEA, it is unclear how his administration will proceed. 


The goal: Push to fully deschedule cannabis, or bypass the entire rescheduling process by legalizing cannabis by passing an omnibus bill.


What we know about  Legislation 

In his first term, President Trump signed the bipartisan sentencing reform bill the First Step Act which was designed to promote rehabilitation, lower recidivism, and reduce excessive sentences for certain federal drug offenses. Additionally, he launched a Federal crime prevention and reentry council. He also signed the 2018 Farm Bill into law, allowing for industrial hemp growth, and that bill will need to be reauthorized during his term. On the campaign trail, Trump stated he would, “work with Congress to pass common sense laws, including SAFE banking for state-authorized companies, and support states rights to pass marijuana laws.” 


The goal: 88% of Americans support legalization, and more than ⅔ live in a state with some form of legalization already. Demand Congress deliver a legalization bill with retroactive relief.


What we know about DOJ Guidance

While in his first term, Trump did not pursue action against state-legal cannabis programs, but his administration did rescind the Obama-era Cole memorandum. It is unclear what guidance a DOJ under Pam Bondi may provide federal prosecutors. 


The goal: Ensure states’ protection of cannabis activity and mandate federal prosecutors deprioritize cannabis cases.


It is still to be determined whether President-elect Trump’s comments in support of legalization were merely campaign rhetoric or a genuine pledge to reconcile decades of harm with meaningful progress. We look forward to working with the administration as we continue to advocate until no one remains in prison for cannabis.


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
By Stephanie Shepard February 20, 2025
Roots of Resilience: African American Contributions to the Cannabis Movement Cannabis has deep historical roots, stretching back thousands of years across various cultures, including Africa, where it was used for medicinal and spiritual purposes. In pre-20th century America, hemp was cultivated primarily for fiber, but there is evidence of its use within some African American communities as well. These early connections laid a foundation for a complex relationship between African Americans and cannabis, one shaped by cultural significance, criminalization, activism, and entrepreneurship. This journey reveals a narrative of resilience and influence, showcasing the integral role African Americans have played in the evolution of cannabis culture and policy in the United States. The 1930s marked a pivotal shift with the enactment of the “Marihuana Tax Act” of 1937, which effectively criminalized cannabis. This legislation was rooted in racial undertones, strategically associating cannabis use with marginalized communities, particularly African Americans and Mexican immigrants. This racialized narrative was fueled by propaganda that painted cannabis users as violent and dangerous, reinforcing stereotypes that justified harsh legal consequences. The demonization of cannabis laid the groundwork for decades of systemic discrimination and criminalization that would disproportionately impact African American communities. Despite these challenges, African American cultural icons began to reshape the narrative around cannabis during the early 20th century. Louis Armstrong, an iconic jazz musician, openly discussed his cannabis use in interviews. His candor helped normalize its use within African American culture, particularly within the jazz scene, where cannabis became associated with creativity and artistic expression. Armstrong's influence extended beyond his music; he challenged societal norms by embracing cannabis as a tool for relaxation and inspiration, subtly defying the negative stereotypes perpetuated by mainstream society. His legacy continues to inspire artists who view cannabis as an integral part of creative expression and cultural identity. During the 1960s, amid the Civil Rights Movement, cannabis use emerged as a form of counterculture expression among Black Americans in urban areas. The plant became a symbol of resistance and freedom, aligning with the broader struggle against racial oppression. Yet, this association with rebellion also made cannabis a target of political agendas. In the 1970s, the Nixon Administration launched the “War on Drugs,” a policy initiative that disproportionately targeted Black communities. The criminalization of cannabis escalated, leading to skyrocketing arrest rates and significant incarceration disparities. Nixon's advisor, John Ehrlichman, later admitted that the policy aimed to disrupt Black communities and antiwar activists, revealing the racially motivated underpinnings of the drug war. The impact of the War on Drugs intensified during the 1980s under the Reagan Administration, which implemented even harsher drug laws, including mandatory minimum sentences for cannabis offenses. This era further stigmatized cannabis, exacerbating mass incarceration rates among African Americans. The resulting social and economic consequences devastated countless Black families and communities. However, even amid this adversity, resilience emerged. As the criminal justice system disproportionately targeted Black Americans, leaders and activists within these communities began organizing and advocating for change. By the 1990s, discussions around drug reform started gaining momentum, and African American activists played crucial roles in these conversations. They highlighted the racial disparities in drug enforcement and advocated for decriminalization and legalization of cannabis. This period marked the beginning of a shift in public perception, as activists linked cannabis reform to broader social justice issues. This became especially common in rap and hip-hop where many Black artists are advocates still today. In the early 2000s, the push for medical cannabis legalization gained traction in several states. African American activists were instrumental in these movements, advocating for patient rights and access to cannabis as medicine. By the following decade, significant progress was made as more states legalized cannabis for recreational use. This new landscape allowed Black Americans to participate in the industry as advocates and entrepreneurs. Yet, systemic barriers persisted, preventing equitable access to business opportunities. Wanda James emerged as a trailblazer during this time, becoming the first African American woman to own a dispensary in Colorado. Her business, Simply Pure, symbolizes resistance against the racial discrimination historically tied to cannabis prohibition. Wanda’s advocacy extends beyond entrepreneurship—she works tirelessly to influence cannabis legislation and ensure communities affected by criminalization benefit from legalization. Her leadership challenges the status quo and paves the way for a more inclusive industry. Meanwhile, Calvin Johnson, a former NFL superstar, co-founded Primitiv cannabis to highlight the therapeutic benefits of cannabis as a safer alternative to opioids commonly used by athletes. His advocacy challenges the stigma surrounding cannabis use in professional sports and emphasizes the need for reparative justice in communities disproportionately affected by past drug policies. Now in the present, the 2020s represent a pivotal moment in the cannabis movement, as legalization continues to expand and discussions about equity and justice gain momentum. States have implemented measures to address the injustices faced by Black Americans during the War on Drugs, including expungement of records and support for minority-owned cannabis businesses. Donte West is at the forefront of this movement, leveraging his experiences with cannabis criminalization to advocate for equity and systemic change. Through his work with the Last Prisoner Project, Donte inspires others to participate in the cannabis industry and advocate for justice. We have seen a surge of African American entrepreneurs who are redefining the cannabis industry. Jesce Horton, the founder of Lowd and Grand National, is committed to creating opportunities for historically excluded communities while influencing cannabis legislation to promote equitable access. Roger “Ganja Guru” Sterling uses his platform to uplift communities of color and challenge societal narratives around cannabis, while Gibran Washington, CEO of Ethos Cannabis, advocates for inclusivity and justice within the legal cannabis market. Their leadership reflects a new chapter of empowerment and success, breaking down barriers and ensuring diverse voices shape the industry's future, though there is plenty of work still needed to balance the scales of cannabis ownership. Organizations like The Hood Incubator and Free My Weedman are also crucial in paving the way for a more inclusive cannabis space. By supporting Black and Brown entrepreneurs, advocating for equitable policies, and raising awareness about unjust incarcerations, these initiatives work to rectify historical injustices and promote social equity. Kristal Bush, founder of Free My Weedman, combines her entrepreneurial spirit with community advocacy, influencing cannabis policies and empowering marginalized communities. As we honor the contributions of Black individuals and organizations during Black History Month, it is essential to recognize the ongoing struggle of those disproportionately criminalized for daring to be involved with cannabis. From Louis Armstrong’s cultural influence to modern-day entrepreneurs and activists, African Americans have shaped the cannabis movement at every turn. Their resilience and leadership challenge systemic injustice, demand equity, and celebrate cultural identity, paving the way for a better industry for all. To continue supporting this legacy, we can engage in conversations about equity, support Black-owned cannabis businesses, and advocate for policies that promote justice. By acknowledging the past and celebrating the strides of the present, we can build a future that honors the roots of resilience within the cannabis movement.
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.
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