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This Labor Day, Help Us #EndTheException That Still Allows Slavery in U.S. Prisons

Stephen Post • August 30, 2024

Labor Day is a time to celebrate the contributions of workers across America. But as we honor those who build and sustain our communities, we must also confront an ongoing injustice: the exploitation of incarcerated individuals, many of whom are forced to work for little or no pay under the guise of punishment. This practice, known as the "Exception Clause," is a loophole in the 13th Amendment that allows for involuntary servitude as a form of criminal punishment.


Slavery is an evil that has loomed over our nation since its founding. Passed in 1865, the 13th Amendment to the U.S. Constitution is celebrated for abolishing slavery and involuntary servitude. However, to the surprise of many, the 13th Amendment includes an exception clause that has been understood throughout history to allow slavery and involuntary servitude to be used as punishment for crime. During Reconstruction, this understanding encouraged the criminalization, incarceration, and re-enslavement of Black people.


Still today, more than 150 years later, people who are incarcerated and detained across our country are disproportionately Black and brown and forced to work for pennies an hour to no pay at all under the threat of additional punitive measures, such as the loss of family visits and solitary confinement.


At just the age of 23, Britt White was ripped from her community in Georgia after being arrested for a victimless cannabis trafficking offense in rural Alabama. She would be incarcerated for five years. During that time, Britt, like many incarcerated individuals, had to work for little pay, with 60% of her earnings taken by the prison system. Britt is now a decarceration activist and participated in the #ExceptForMe series, part of the #EndTheException campaign to abolish slavery for all.


Incarcerated workers produce more than $11 billion in goods and services but are generally paid less than $1/hour—or nothing at all. After taxes and garnishments, even those who are paid more than just pennies are often left with very little. Moreover, prisons charge incarcerated people extremely high prices for basic necessities like phone calls, hygiene products, medication, and clothes, with commissary prices marked up as much as 600% and a 15-minute in-state call costing as much as $5.


As a result, loved ones at home face the burden of adding money to their commissary accounts. This is why the Last Prisoner Project started our Commissary Support Fund. Since 2019, we’ve distributed more than $500,000 through this fund directly to our incarcerated constituents. However, much reform work still needs to be done to end the exploitation of incarcerated workers in the United States.


This Labor Day, let's stand together to end the exception and ensure that all workers, regardless of their circumstances, are treated with the dignity and respect they deserve. We must pass the Abolition Amendment—sponsored by Senators Jeff Merkley (OR) and Cory Booker (NJ) and Congresswoman Nikema Williams (GA-05)—to end this exception and unequivocally make the evils of slavery and involuntary servitude history once and for all.


Learn more and add your voice by helping us #EndTheException in the 13th Amendment at www.lastprisonerproject.prg/endtheexcption.

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.
By Adrian Rocha February 4, 2025
At the Last Prisoner Project (LPP), we know that those burdened by past cannabis convictions deserve true justice by getting their criminal records fully expunged and allowing individuals to move forward without the lifelong barriers. In Maryland, where Governor Wes Moore made history last year by issuing the nation’s most sweeping cannabis pardon order, we are now calling on lawmakers to take the next step: passing SB 432, the Expungement Reform Act of 2025 . 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 seeks to simplify 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. In 2024, Governor Wes Moore demonstrated bold leadership by granting pardons to over 175,000 Marylanders with low-level cannabis convictions. This was a critical step toward undoing decades of harm caused by cannabis prohibition. However, the reality is that while a pardon provides some relief, it does not automatically erase a record. Individuals must still navigate complex legal procedures to have their records expunged—a process that can be costly, time-consuming, and confusing. LPP urges the Maryland General Assembly to amend SB 432 to ensure that individuals granted full and unconditional pardons can have their records expunged automatically. Without this critical update, many of those pardoned under Governor Moore’s order will still face barriers to jobs, housing, and other essential services, despite having been officially forgiven by the state. Adrian Rocha, LPP's Policy Director, was recently appointed to the governor's roundtable on expungement, where we hope to provide further expertise on how to fully effectuate cannabis justice through retroactive relief. Research shows that record clearance not only benefits individuals but also strengthens communities. A recent study found that five years after receiving expungement, individuals were less likely to engage in criminal conduct than members of the general public. By increasing access to jobs, housing, and educational opportunities, expungement promotes community reintegration and stability—key factors in public safety. Moreover, Maryland has the opportunity to join 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. Maryland has already taken significant steps toward cannabis justice, but the job is not done. Passing SB 432 and ensuring automatic expungement for those granted clemency will solidify the state’s commitment to meaningful criminal justice reform. LPP urges the General Assembly to pass SB 432 and amend it to ensure that those who have received full pardons under Governor Moore’s order do not have to wait or fight for the relief they were promised. This is about more than policy—it’s about restoring dignity, removing barriers, and allowing Marylanders to build better futures. The time for action is now. Maryland’s commitment to justice through record relief must extend beyond pardons. Let’s finish what we started. Read our full testimony below:
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