Towards An Intersectional Lens on Cannabis Criminal Justice Reform

Mikelina Belaineh • November 2, 2022

LPP's Director of Impact is working to  facilitate a more inclusive cannabis justice conversation by exploring the ways key voices and perspectives are overlooked.

Our current cannabis justice movement suffers from a major pedagogical problem


“Pedagogy” (noun)


  1. the method and practice of teaching, especially as an academic subject or theoretical concept.

 


A pedagogical problem refers to a problem dealing with how we conceptualize, teach, and talk about something– in this instance, the issue of cannabis justice.


More specifically, cannabis justice research– which we rely on– suffers from an incomplete framework for analysis. All of us– community members, movement leaders, and decision-makers – should care about research because it directly impacts our ability to understand and solve our problems. Leading cannabis justice research and rhetoric, like most dominant justice research and rhetoric, fails to consider the implications of intersectionality. More specifically, the research we count on to guide our cannabis justice movement excludes the voices and experiences of Womxyn and Lgbtq+ communities (*not mutually exclusive*). 


This exclusion– or oversight– is a major mistake. Folks who are multiply marginalized by systems of cannabis criminalization have distinctive experiences and narratives resulting from their holding intersecting identities of race, gender, and sexuality. Meaning– when you are Black & womxyn, or brown & trans, or indigenous & queer– you experience systems of policing and punishment distinctively and differently. Failing to consider experiences that society deems “non-normative” contributes to a critical misrepresentation of what and how big our cannabis justice problem is.


Currently, cannabis justice ​​scopes the problem of “cannabis criminalization & justice” solely through the experience of cis-gender, heterosexual men– which is de facto deemed the “normative” justice experience. This necessarily means that we are only exploring and considering solutions informed by the experience of cis-gender, heterosexual men. The consequence of such an exclusionary framework of analysis in research and discourse starts with the erasure of a vast cross-section of directly impacted people– and ends with real harm. If we exclude voices and experiences that should be included when discussing harm, healing, and justice—we fail before we begin. Exclusionary frameworks cause harm because they lead us to spend time, money, and energy on solutions that are based on an inaccurate and incomplete understanding of the problem we seek to solve. This creates an environment for harm to be perpetuated and compounded via the unintended consequences of well-intentioned solutions– a theme we have seen last too long in U.S. justice reform efforts. Exclusionary frameworks stifle movement efforts by excluding people, experiences, and narratives—truths to be reckoned with and considered.


Why is excluding Womxyn a problem?*


According to an Essie Justice Report “Because She is Powerful '' at least one in four womxyn have an incarcerated loved one.


Womxyn are the fastest-growing correctional population in the U.S., the carceral capital of the world, making the issue of womxyn’s incarceration one of global significance. Over the past 35 years, total arrests have risen 25% for womxyn, while decreasing by 33% for men, and the increase among womxyn is largely driven by drug-related offenses. During these 35 years, drug-related arrests increased by nearly 216% for women, compared to 48% for men. Indeed, we are missing a critical piece of the puzzle when we fail to consider gender as a unit of analysis of the cannabis justice problem. When womxyn experience policing and punishment, the consequences are far-reaching in ways that we have yet to fully understand and appreciate. The majority of incarcerated womxyn are primary care providers to children and are often the primary wage earner in the household because of the lasting impacts of the massive removal and incarceration of black and brown men. “Women with incarcerated loved ones include formerly incarcerated women. Women with incarcerated loved ones include currently incarcerated women. Women with incarcerated loved ones love and support people of all genders behind bars. Women with incarcerated loved ones are cisgender, transgender, and gender non-conforming.”


Why is excluding Queer & Trans communities a problem?


Queer and Trans people are overrepresented in incarceration & arrest rates, and these disparities increase dramatically when looking at the incarceration of womxyn & juvenile girls. When we take a closer look at the womxyn most impacted by carceral systems of policing and punishment we see that queer and non-binary womxyn are disproportionately impacted, making sexuality & gender identity factors that must be considered when trying to understand and solve criminal justice problems. 


  • The research and data we have show that womxyn are driving the higher representation of LGBTQ+ people in prisons and jails– 33.3% of womxyn in prison and 26.4% in jails identify as queer*. These numbers are stark compared to incarceration rates for “gay and bisexual” men– 5.5% in prison and 3.3% in jail– and are startling considering that “lesbian & bisexual” womxyn are measured to comprise only 8% of the general population.
  • When we look at minors in juvenile facilities– 40% of detained girls identify as LGBTQ+, in contrast with 14% of boys. 
  • In trans populations, one in five (21%) trans women have experienced incarceration at some point in their lives, as have nearly half (47%) of all Black trans people.


It is also worth noting that the best available data we have for measuring aggregate arrest & incarceration outcomes for womxyn and LGBTQ+  individuals is a decade old and was collected via research methods that do not take the experiences of impacted populations into consideration—meaning that the rates of impact were likely deflated in these original data sets, and we can assume they have gotten worse over time.


An inaccurate framing of what cannabis justice is for and who it is about dramatically hinders our ability to achieve collective movement goals of equitable justice, healing, and transformation.

It leads us to make poor investments of time, money, and energy. It leads us to overlook key experts and insights. It leads us to unintentionally harm those we as a movement are seeking to empower and support– making collaboration and trust-building difficult. 


Critical examination of normative frameworks (heteronormative, cis-normative, white, patriarchal) and the truths they privilege or suppress allow us to expand our view and see transformative solutions more clearly. This is an invitation to join this effort, to ask questions forgotten, to look for the people forgotten so that we can take full steps forward– together. 


*I intentionally use “womxyn” instead of “women” as a way to be inclusive of non-binary and trans womxyn, which is necessary for the accuracy and completeness of the discussion.

By Stephen Post June 13, 2025
As families across the country come together this Father’s Day, thousands of children are spending the day without their dads—not because of violence or harm, but because their fathers remain locked away for cannabis-related convictions. In many cases, these men are serving long sentences for conduct that is now legal in much of the United States. Despite cannabis being decriminalized or fully legalized in the majority of states, the human cost of prohibition continues to devastate families—especially those in historically marginalized communities. These are fathers raising their children through prison phone calls and video visits, relying on letters and photographs to stay connected while missing birthdays, report cards, and everyday moments. Behind every sentence is a story. And behind every prison wall is a child wondering why their dad can’t come home. Daniel Longoria is one of those fathers. A U.S.-born, Hispanic man serving a 30-year sentence for a nonviolent cannabis offense, Daniel has not seen or held his children in years. The pain of distance, separation, and injustice weighs heavily on him. He shared the following: “When a Dad has not seen his kids, held his kids and who's son no longer speaks to him because I am over 1,000 miles away from home without a good cause puts such a heaviness in my heart that if I did not have God to turn to, I might have probably already ended my life. My son has now been diagnosed with Mental Behavior Disorder and has attempted suicide three different times. These things as a Father kill me inside because I was a great Dad and my kids loved me, and so Father’s Day is really hard to celebrate anymore. How can I celebrate this day, when I know my kids are struggling out there because of a plant that many states are now making millions, if not billions, of dollars off of it? I have also become a grandfather of two and have yet to meet them. I keep the faith and remain strong in the Lord. One day, I pray to be home and this nightmare be over.” Daniel’s experience is not an isolated one. At Last Prisoner Project, we work with dozens of fathers currently incarcerated for cannabis convictions—men who are missing milestones, parenting through prison walls, and holding on to hope for freedom. These dads include: Terrence Pittman – Father of five, serving a 30-year sentence Rollie Lamar – Father of six, serving an 18-year sentence Antoine Turner – Father of three, serving a 13-year sentence Malik Martin – Father of six, serving a 10-year sentence J’lyne Caldwell – Father of four, serving a 5-year sentence Vinh Nguyen – Father of two, serving a 6-year sentence Rendy Le – Father of two, serving a 5.5-year sentence Sean Scott – Father of one, serving a 5-year sentence Sean Scott’s story is particularly heartbreaking. A former Division I football player and successful real estate entrepreneur, Sean is serving over half a decade for a nonviolent marijuana offense involving nine kilograms and a legally owned firearm. While he remains proud of his past and hopeful for the future, he’s devastated to be missing out on his two-year-old son’s life. “This is my third time away,” Sean said. “And it’s extremely difficult to just watch my son grow and miss another holiday with him.” His fiancée is raising their son alone while also caring for Sean’s elderly mother. Sean is one of many fathers who should be home—not behind bars for something legal in so many parts of the country. Then there’s Rendy Le, a father of two, who reminds us what’s at stake. “You can always make money—but you can’t always make memories,” he said. “Cherish the good times.” It’s a sentiment echoed by every man we work with: time is the most precious thing they’re losing. Despite all this injustice, we also see the other side—stories of reunion, resilience, and redemption. Bryan Reid is one such example. After serving six years of a 12-year cannabis sentence, Bryan is now home and rebuilding his life with his children. “When I went in, my son was just one and my daughter was three,” Bryan told us. “I missed every first and last day of school. But now? Now I’m their sports dad, Santa, and biggest fan.” In the 15 months since his release, Bryan has made new memories—picking his kids up from school for the first time, visiting trampoline parks, and watching his oldest daughters graduate college. “Watching them grow into strong, independent women and seeing how hard they’ve worked for everything they have is nothing short of incredible,” he said. “It was an honor to stand beside them.” Bryan’s return to fatherhood, though hard-earned, is a reminder of why we fight. No one should be separated from their children over cannabis. No child should grow up wondering why their father is in prison for something now sold legally in dispensaries across the country. This Father’s Day, let’s do more than celebrate. Let’s commit to changing the laws, freeing the fathers, and reuniting families. Join us in advocating for clemency, resentencing, and restorative justice—for Daniel, Sean, Rendy, and the thousands of others still waiting to come home. Want to help this Father’s Day? Share their stories and donate to support our work! Bryan Reid Enjoying Freedom
June 12, 2025
Wednesday, October 15 at Sony Hall in New York City Notable Guests Include Carmelo Anthony, Calvin “Megatron” Johnson, Dr. Wendy & Eddie Osefo, Fab 5 Freddy, Keith Shocklee and Studdah Man of Public Enemy, and Guy Torry with a Performance by Joy Oladokun PURCHASE TICKETS & MORE INFORMATION
By Stephanie Shepard May 14, 2025
When Alexander Kirk walked out of prison on December 10th, he stepped into a world that had shifted beneath his feet. But the shift wasn’t universal. In Iowa, where he lives, cannabis is still fully illegal. Drive two minutes across the bridge into Illinois, and that same plant, once the root of his decade-long incarceration, is not only legal but a booming, billion-dollar industry. That contradiction sits at the center of Alex’s story. He’s a father, a mechanic, a reader, and a deep thinker. He’s also someone who spent more than ten years of his life behind bars for the same substance that dispensaries now sell with flashy packaging and tax revenue incentives. “It’s crazy,” he says. “One side of the bridge is legal, the other side isn’t. It’s hard to believe.” A Life Interrupted Alex’s most recent sentence—ten years in federal prison—started with a bust that was as much about timing and proximity as anything else. He was on federal probation for a previous cannabis offense. A raid at a residence he didn’t live in, but where his truck was parked, ended with a federal indictment. A tip from his child’s mother, who was angry about a disagreement over vacation plans, helped open the door for the investigation. “She made a call, gave them a tip,” Alex recalls, without bitterness, just clarity. “And that’s all it took.” The charges? Conspiracy to distribute less than 50 kilograms of marijuana—a charge that, while less than the quantities tied to large-scale trafficking operations, still carried weight under federal law. He received 80 months for the new charge and another 40 months for violating parole. The math added up to a lost decade. “I had already done ten and a half years the first time,” Alex says. “I was institutionalized. Prison became familiar. It’s where I knew how to move.” But even when you know the rules, prison isn’t easy. The hardest part for Alex wasn’t the food, the routines, or the guards—it was missing his children growing up. “I got five kids. Three of the older ones talked to me after and explained how I chose the streets over them. That was hard. But it was true.” He reflects on it now with a kind of painful honesty: “I didn’t want to pay for weed, so I started selling it. I smoked, and I hustled. Eventually, it got out of hand.” Knowledge Behind Bars Alex didn’t spend his time in prison passively. He worked in the prison garage, learning to fix cars—something he’d loved as a kid. He dove into books and self-help titles. One that stuck with him was The Voice of Knowledge by Don Miguel Ruiz. “That one changed things,” he says. “It helped me realize everyone’s got their own story they’re telling themselves. That helped me stop taking things so personally.” He also began thinking about the world beyond prison. He drafted a business plan for a youth program designed to keep teens from ending up like him. “I wanted to show them they had options,” he says. “You don’t always get that when you grow up in survival mode.” The Politics of Legalization What’s jarring about Alex’s story is not just the sentence—it’s the fact that it happened while the national conversation around cannabis was changing rapidly. By the time Alex was halfway through his sentence, multiple states had legalized recreational marijuana. Billion-dollar brands were being built. Politicians were posing for ribbon-cuttings at dispensaries. Celebrities were launching product lines. And people like Alex were still behind bars. “It’s unjust,” he says bluntly. “There’s no reason someone should be locked up for weed while companies are out here getting rich off it. The little guy got crushed. They legalized it after locking us up, but didn’t let us out.” The irony was never lost on him: that he was doing hard time for something that was now a tax revenue stream in neighboring Illinois. A Second Chance and Real Support Alex’s sentence was reduced under the First Step Act—a federal law aimed at correcting some of the harshest penalties in the justice system. Thanks to that and a longer placement in a halfway house, he was released earlier than expected. Through a friend, he reconnected with a woman from his past who introduced him to the Last Prisoner Project (LPP) . At first, he was skeptical. “We never heard about people helping folks like us. I didn’t think it was real.” But he gave it a chance—and found not just advocacy, but consistency. “Even getting emails, updates, hearing from people… that helped. It made me feel like someone gave a damn.” Through LPP, he learned that he qualifies as a social equity candidate in states with legalization programs. That means access to business licenses and support that could help him transition into the legal cannabis industry. He also learned he might qualify for early termination of his probation—a process he’s now pursuing. “I want to get into the legal side,” he says. “I know the game. I lived it. Now I want to do it right.” Life After Prison Alex is currently working in the halfway house kitchen. He’s trying to stay grounded, focused, and patient. Reentry is never easy. “You come out and everything is fast. You feel like you’re behind. But I remind myself: it’s not a race.” He’s rebuilding relationships with his kids. He’s focused on starting a business—maybe something in cannabis or something with cars. He hasn’t fully decided, but he knows he wants to help others, too.  “There’s still a lot of people inside,” he says. “And they shouldn’t be. Not for weed. If we’re really gonna legalize it, let’s legalize it for everybody. That means letting people go.” “Get to Know Their Story” Alex doesn’t want pity. He’s not asking for a handout. What he wants is what most people want: a chance to live free, to work, to be with his family. To matter. “Just because someone’s been to prison doesn’t make them violent. Doesn’t make them a bad person. Get to know their story.” Alex’s story is one of transformation, not because the system rehabilitated him, but because he did the work on his own. Now he wants to use his experience to change the system itself. He’s already started.