Berta Garcia Discusses Fighting for Her Son Danny Trevino's Freedom Serving 16-Year Sentence for Cannabis

Stephanie Shepard • March 6, 2024

Berta Garcia emerges as a beacon of resilience, courage, and unwavering love. Her life took an unexpected turn when her son, Danny Trevino, found himself in the unjust web of federal cannabis charges, leading to a staggering 16-year sentence. Berta's journey is not just a personal struggle but a testament to the broader impact of outdated drug laws that continue to affect countless lives.


As we discuss Berta's life raising her son and now as a caregiver to his daughter, her granddaughter, we uncover a narrative that goes even beyond a mother's love. It's yet another story that challenges the very foundation of cannabis laws in our society and should continue to force us to question a  justice system that perpetuates such lengthy sentences for non-violent offenses.


Don't turn a blind eye to this emotional journey as we shine a light on Berta Garcia's fight for justice, her advocacy for reform, and the impact of draconian drug policies on families across the nation. This is not just Danny's story; it's a call to examine the structures that have led to the incarceration of tens of thousands of individuals for crimes that are increasingly being reconsidered, reevaluated, and rejected by this country as incarceration-worthy.


In the following pages, we'll explore Berta's unwavering determination for the release of her son, the secret to keeping the faith to continue to fight, and the hope she carries for a future where families aren't torn apart by outdated laws. Berta Garcia's story is a testament to the strength of a mother's love and the urgent need for change in our justice system.


Last Prisoner Project: Thank you Mrs. Garcia for taking the time to speak with me and sharing your heartbreaking journey. Your advocacy for your son Danny Trevino has been such an inspiration. Could you introduce yourself and share what you have been fighting for? 


Berta Garcia: My name is Berta Garcia. I am the mother of Danny Trevino, who is serving a 16-year sentence in federal prison for cannabis charges.


Last Prisoner Project: When did you realize that the boy you raised was somewhat of a legacy legend in Lansing? Some even referred to him as the “Professor of Pot”. At what point did you realize how influential Danny was in the community?


Berta Garcia: I was not aware of my son’s influence, passion, and legacy for the cannabis industry until I started to see such a huge following in his social media network, as well as other media outlets.  I would only be made more aware when my son was charged, tried, and convicted that I realized what a huge role my son played in the cannabis industry.


Last Prisoner Project: Danny was very involved in the fight for legalization in Michigan. It’s important to remind the legal industry that If it weren't for people like Danny, there would be no legal industry.


Berta Garcia: Danny was very involved in the fight for legalization. He was a tremendous part of the rallies, not just organizing and speaking, but also funding out of pocket. Billboards that he paid for promoting the industry and working to pass the cannabis referendum in 2008 to make it legal. My son, Danny saw the medical needs of the people who came from all walks of life. When it became legal and passed overwhelmingly he was enthusiastic to share his knowledge with the people who believed in and would benefit from the medical plant. Years later, when he was in federal court I sat there in horror as they persecuted my son. The prosecutor presented to the jury a sandwich size baggie with marijuana that allegedly was seized in one of the over 30+raids and now 5 years after the fact a story recently published article heading GIANT POT FARM JUST A MISDEMEANOR, COURT SAYS. Where is the justice in that? Aren’t we one country, with one set of rules?


Last Prisoner Project: You called Danny one of the most honest people you know, while he was going through the legal process, did you have any advice for him?


Berta Garcia: I advised him to have faith in the judicial system, to let his attorney tell his, my son’s truth. A challenge presented itself, my son had to personally tell his truth and take the stand to defend himself. In retrospect, I wish I could say I gave him sound advice. Our judicial system, I feel is in theory only. Not everyone is treated equally.


Last Prisoner Project: Danny is your only son and the oldest of three children. Can you share a bit about how you raised Danny and his sisters?


Berta Garcia: When I was a child, I knew when I grew up and became a parent, I was not going to swear at or around my kids and I was not going to allow them to swear in my house. So that's why my kids don't swear…at least, not in my household. Not in my presence. I grew up going to church and raised my children in church. Before Danny went to prison, he taught his daughter to pray. She would kneel next to him and they’d pray. And even though he isn't with her, she still prays every night. I've worked all my life. My children did not work in the fields, but my family did. My dad had us work in the fields in the summertime, and he would say, “If you don't want to work in the fields all your life, you have to get your education. You have to go to school”. I instilled those values in my children. I got married right out of high school. I do have some college, but I don't have a degree, but both of my girls do. My son did some college but he never got his degree. He felt another path was right for him. I have 6 sisters and 3 brothers, family is all he has ever known. His surroundings were his aunts and uncles that have gone to college. So he knew his expectations. I always told the kids it's not IF you're going to college, it was you ARE going to college. That was not an option. My daughters graduated from Catholic schools. I had to work the Bingo games so that I could have a break on tuition. My son did not have an interest in that. To be honest, I don't know if I could have afforded three children in a Catholic school, but I would have managed. I would borrow money and then pay it off and borrow money, pay it off.


Last Prisoner Project: So being raised in the church with a good family, how did Danny's incarceration impact the family?


Berta Garcia: Danny has two sons, and a daughter eldest son is his son in every aspect, despite biological differences. His younger son was in his twenties when his daughter was born. My son was over the moon, as he always wanted a daughter to love and to spoil relentlessly. She was his princess and he was her “Papi”. He had 50/50 custody of his daughter and when he was incarcerated, I was given dual power of attorney over her. She is loved and I am always reminding her of how much her Papi loves her and how much I am fighting for him to come home to us. Our family has been fractured by my son being in prison. It has broken his family, creating issues that they are still unable to resolve.  Before he left he told them “I know you’re going to fight, but take turns apologizing. Don’t keep track of who did what, you have to stay together.” So yes, it has been extremely sad, and difficult.


Last Prisoner Project: So it's safe to say that your son was kind of the glue that kind of kept everybody together, and his incarceration has put a break in that closeness?


Berta Garcia: Oh! He's always asking me, “Mom, have you heard from my kids? Have you seen my kids?”  My son reserved Sunday to hang out with his daughter. He would take her to Macy’s department store and treat her to whatever clothes she wanted and then they would go to their favorite restaurant. He misses her tremendously. Now he has a fractured family and is helpless to do anything about it because of his incarceration.


Last Prisoner Project: Sentencing is one of the most difficult parts of the process, because you have yet to start your time, and you're just learning what your future or your proposed future will look like. So when Danny was sentenced, how old was his daughter?


Berta Garcia: My son was convicted in late August and had the weekend to get his affairs in order. His daughter was 3 and was turning  4 on September 11th, so we had an early birthday celebration for her so that her Papi could be part of it. We were driven to Grand Rapids where he would have to surrender. The media was there and there were photos of him saying goodbye to her. One is a picture of her running to her papi. She cried and cried and maybe she knew what was happening, maybe she didn’t. Perhaps she was reacting to my emotions. She understood something was happening, but at her age, I don’t know that she fully understood that her Papi was being taken away from her. Before surrendering, he held her in his arms and said “I’m going away and I won’t be here for a bit”, but what exactly does “a little bit” mean in the mind of a three-year-old? She didn’t know if that meant days, weeks, months, or years!


Last Prisoner Project: Now that she's gotten a little bit older, does she understand it more? Does she understand what prison is? Does she understand why he's there, and what does she say about that?


Berta Garcia: He explains to her that he did not do anything wrong, but they said he did. She told him she was writing a letter to President Biden and my son told me not to guide her letter writing, let it be her thoughts and words. In the letter, she wrote to President Biden. She wrote, "My dad had stores, but everybody else has stores too. He's sorry if he did something wrong”. She knows that prison is a place that keeps him apart from her life. She knows it’s unfair too.


Last Prisoner Project: The most effective letter is when it comes from the heart, no matter what it sounds like, and it sounds like she has made her mind up to advocate for her Dad.


Berta Garcia: She wants to bring her dad home, and whatever it takes she will say. When we pray, we ask. God to bring her Papi home. That's what she calls him. Papi is Daddy in Spanish. She recently told me about an incident last year, when she was in the second grade. I guess somebody must have found out that her dad was in prison and a little girl that she hung out with took her aside, and she asked her if her daddy was in jail.  She told me "All of a sudden I just started crying and crying, so hard that my body was shaking.". Of course, I immediately wanted to protect my granddaughter and asked if the little girl was trying to be mean because I was going to speak to the teacher about it. She said she didn't know, but she didn't think so because the girl was her friend. I think she just wanted to comfort her after finding out about her dad. She said that she just cried and cried on the playground...and then she was okay. Things like that continue to impact her because it’s a reminder that she can’t be with her Dad. I don’t want her to think her dad did something wrong. 


Last Prisoner Project: Do you get to visit Danny? Is your communication mostly video chat, phone, or writing?


Berta Garcia: We've gone to see him a couple of times. The first time we drove five hours and when we got there they told us that visits were canceled because of covid. I had confirmed the visitation the previous day, but they just apologized. We went another time and we were able to visit for one hour because of COVID-19. It was his daughter’s first time seeing him since he’d been incarcerated, but he had to be six feet away, and we couldn't hug him. We went again recently and were able to visit longer and hug.


Last Prisoner Project: How did you feel having to leave the facility after the anticipation of finally being able to see your son, and you had to leave?


Berta Garcia: Disappointed!  And heart broken but my heart broke for my little granddaughter. She didn’t cry when we had to leave, she just covered her face with her hands.


Last Prisoner Project: Mrs. Garcia, you have become very active in speaking out for the release of your son. As a mother who did the best you could raising your son, who felt he was providing a service for those who needed it, what would you say to President Biden about the continued incarceration of people for cannabis?


Berta Garcia: I read that it costs the Federal Government $40,000 a year to house a person in prison. If there are roughly 2,900 people in Federal prison at $40,000 a year. It’s costing the federal government 116 million dollars a year to keep them in prison! We the people, the taxpayers, are funding this injustice. Distribute that money to schools and to teachers who deserve it, don’t use it to incarcerate victimless cannabis prisoners. As a parent, President Biden knows how it feels when your son is being targeted and what injustice feels like because of his own experiences. Why doesn't he reach out to the Doj and say “Let’s get these people home!”


Last Prisoner Project: He doesn't even have to reach out to the DOJ. He has the executive power to right this wrong himself. He doesn't have to ask anyone. He can sign an executive order releasing all Federal cannabis prisoners today if he wants to.


Berta Garcia: Oh, my gosh! I did not know that. Then I’d ask President Biden to please send my son home! Send everyone’s sons, daughters, fathers, mothers, and brothers home. Keep your promise that “Nobody should be in prison for marijuana.” Think of the thousands of families that you can reunite with just the stroke of a pen.


Last Prisoner Project: And that's the really sad part. Mrs. Garcia, thank you so much for opening up about the difficulties of keeping your family together in the face of such adversity. LPP will continue to support you in the fight to reunite your family.

By Stephen Post April 29, 2025
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
By Stephen Post April 22, 2025
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 .
By Stephen Post April 18, 2025
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 .