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Criminal Justice Implications of Adult-Use Cannabis Legalization in Pennsylvania

Frank Stiefel • Mar 20, 2024

Testimony from Frank Stiefel

Senior Policy Associate

Last Prisoner Project


RE: Criminal justice implications of adult-use cannabis legalization


March 20, 2024


Dear Members of the Health Subcommittee on Health Care and Judiciary Subcommittee on

Crime and Corrections,


The inclusion of criminal justice reform policies has become the standard for states that have sought to legalize cannabis. Since 2018, 13 of the 14 states that have legalized cannabis have included record clearance policies, and since 2021, they have all been state-initiated. While resentencing policies have been slower to take hold, they are also growing in importance and have been included in more than half of the legalization bills since 2020. In fact, this year Last Prisoner Project (LPP) worked with legislators in the Virginia General Assembly to pass a cannabis resentencing bill that is now sitting on Governor Youngkin’s desk.


As the first state in the nation to develop and implement “Clean Slate” record clearance, Pennsylvania is uniquely positioned to implement these government-initiated retroactive relief processes successfully. Pennsylvania’s Clean Slate record clearance process is already inclusive of cannabis offenses. However, cannabis offenses adhere to the same eligibility criteria and limitations that govern the record clearance process for other criminal convictions. It is important to note that the Clean Slate process allows for the sealing of a cannabis record, which means that an individual’s record is still accessible to certain stakeholders including law enforcement. When a state decides to legalize adult-use cannabis, they are explicitly acknowledging that once-proscribed conduct is not inherently criminal. Therefore, cannabis records should be put through a separate state-initiated expungement process that would allow for the full erasure of an individual’s record and all barriers to relief (e.g., waiting periods) should be eliminated.


LPP has been pleased to see that many of the legalization bills that have been introduced in Pennsylvania acknowledge that cannabis criminal records should be treated differently in light of legalization and should include provisions that would allow for the expungement of cannabis records. Nevertheless, there are improvements that could be made to these legalization bills to ensure record clearance relief for every individual who has a cannabis criminal record while simultaneously setting up a state-initiated resentencing process for those who are incarcerated or under supervision for a cannabis-related sentence.


Since the start of this year, LPP has been working with Community Legal Services (CLS) to brainstorm what an effective record clearance process might look like for individuals with cannabis criminal records. Based on our work with CLS, we would recommend that any adult-use cannabis legalization bill include the following record clearance provisions:


● Using an automated process, expunge by automation all “small amount of marijuana” cases under the Controlled Substance Act;

● Require the Pennsylvania State Police to identify and expunge “small amount of marijuana” charges in its database that are not expunged through the court-initiated automated process;

● Allow expungement of marijuana cases by a simplified petition process in all other sections of the Controlled Substance Act when the petitioner alleges that the only substance was marijuana, and the sentence has been completed;

● Allow any case that can be expunged by automation to also be expunged by petition;

● Waive all financial obligations connected to these expunged cases; and

● Provide for broad notice of both the automated and petition-based remedies.


In addition to these record clearance provisions, LPP would like to submit its own recommendations for the creation of a state-initiated resentencing process. LPP would recommend that the following resentencing provisions be included in any adult-use cannabis legalization bill:


● The release from incarceration for individuals with marijuana possession convictions;

● The creation of a court-initiated process to schedule sentence reviews for all individuals serving periods of incarceration or supervision for a marijuana-related conviction;

● Ensuring that fair sentence reviews are provided for eligible individuals and deliberated over with limited discretion from stakeholders other than the judge; and

● Ensuring that eligible individuals receive resentencing hearings and decisions in a timely manner.


We hope that the Pennsylvania General Assembly will take our recommendations seriously to ensure that no one continues to suffer the most harmful consequence of cannabis prohibition.


About Last Prisoner Project


The Last Prisoner Project, 501(c)(3), is a national nonpartisan, nonprofit organization focused on the intersection of cannabis and criminal justice reform. Through policy campaigns, direct intervention, and advocacy, LPP’s team of policy experts works to redress the past and continuing harms of unjust cannabis laws. We are committed to offering our technical expertise to ensure a successful and justice-informed pathway to cannabis legalization in Pennsylvania..

President Biden Grants Clemency to 16 Non-Violent Drug Offenders, But No Cannabis Offenses Included

By Stephen Post • 27 Apr, 2024
President Joe Biden made a statement Wednesday announcing a decision to pardon 11 people convicted of non-violent drug charges and commuted the sentences of five others. "America is a nation founded on the promise of second chances," he said . "We also recommit to building a criminal justice system that lives up to those ideals and ensures that everyone receives equal justice under law." Despite this positive use of his clemency powers, President Biden again failed to include any people still in prison at the federal level for cannabis offenses which is estimated to be at least 3,000 individuals. Even though he has provided record relief to almost 13,000 people with his expanded cannabis possession pardons, the President has failed to release a single person in prison for cannabis. Last Prisoner Project Executive Director, Sarah Gersten said, "While we are encouraged to see the President use his clemency power to commute the sentences of those incarcerated for drug offenses, we are hopeful that the administration will fulfill their promises both to use the clemency power more robustly as well as to commute the sentences of those still incarcerated for cannabis." "The Administration has made it clear that cannabis reform is a priority and one that will energize their electorate. To truly make an impact that will sway voters come November the president needs to take action to release the estimated 3,000 individuals still incarcerated for cannabis federally." We hope that President Biden recognizes that releasing people with cannabis offenses doesn't require legalization. They demand executive action. If he is looking for the next batch of candidates for clemency, we have already sent him a list of deserving individuals whose petitions are sitting with the Office of the Pardon Attorney. He simply needs to act on them. We recently rallied advocates at the White House on our 420 Unity Day of Action to demand their freedom and encourage the public to help tell Congress and the President to take further action.

Donte West Joins Jason Flom on Wrongful Conviction Podcast to Discuss His Unjust Cannabis Sentence

By Stephen Post • 26 Apr, 2024
Listen on: iHeartRadio | Pandora | Spotify | RSS On March 8, 2016, Officer Nicholas Blake became suspicious of two vehicles traveling together on Interstate 70 toward Manhattan, KS due to their appearance and registration inconsistencies. He suspected they were involved in drug trafficking, with one acting as a decoy. Following a series of stops and surveillances by multiple law enforcement officers, a considerable amount of marijuana and methamphetamine was found in one of the vehicles leading to the arrest of Donte Westmoreland and others. Westmoreland was convicted based largely on the testimony of an informant, Jacob Gadwood, who claimed to have bought marijuana from Donte, but the informant's credibility was later questioned, and a prosecutorial deal ensuring Gadwood would not be charged with a crime was never disclosed. Donte Westmoreland is a decriminalization and anti-incarceration advocate whose experience with the criminal justice system changed his life forever. With a no criminal record score, and nothing illegal in his possession, Donte was arrested and convicted on charges that were later overturned. He spent three years imprisoned, where with the support of the facility's Warden and staff, he worked to fight his charges and also spoke to area teens about his experience with law enforcement and the courts. He was released on October 15, 2020 and is re-establishing his life in northern California where he works with the Last Prisoner Project to help free anyone incarcerated on cannabis related charges. Learn more about Donte in recent stories by Cannabis & Tech , Missouri Independent , and ABC . To learn more and get involved, visit: https://www.lastprisonerproject.org/ https://fromtheearth.com/missouri/independence-menu/?dtche%5Bpath%5D=brands%2Fwest-by-illicit We started the Wrongful Conviction podcast to provide a voice to innocent people in prison. We want to hear your voices, too. So call us at 833-207-4666 and leave us a message. Tell us how these powerful, often tragic and sometimes triumphant, stories make you feel. Shocked? Inspired? Motivated? We want to know! We may even include your story in a future episode. And hey, the more of you that join in, the more power our collective voices will have. So tell a friend to listen and to call us too at 833-207-4666. Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1. See omnystudio.com/listener for privacy information.

Last Prisoner Project Endorses Bipartisan HOPE Act for State Cannabis Conviction Expungements

By Stephen Post • 25 Apr, 2024
In a significant development in the realm of cannabis legislation, the Last Prisoner Project has thrown its support behind the bipartisan Harnessing Opportunity by Pursuing Expungement (HOPE) Act. This crucial legislation aims to rectify the injustices caused by cannabis convictions, particularly in states where cannabis has been legalized or decriminalized. Introduced initially in the House by Congressman Dave Joyce (R-Ohio) and Congresswoman Alexandria Ocasio-Cortez (D-New York) in 2023, the HOPE Act sought to address the pervasive barriers faced by individuals burdened with cannabis-related convictions. Recognizing the urgent need for reform, the Last Prisoner Project endorsed the House version, emphasizing its commitment to advocating for criminal justice reform and equitable opportunities for those impacted by past cannabis convictions. Fast forward to April 2024, and the HOPE Act takes a new form as Senator Jacky Rosen (D-Nevada) introduces the Senate version. With a focus on expunging cannabis convictions in legalized or decriminalized states, the Senate version of the HOPE Act aims to establish a federal grant program to cover the costs of expungements or sealing records. Senator Rosen's initiative aligns with the goals of the Last Prisoner Project, which seeks to alleviate the burdens faced by individuals with cannabis-related convictions, particularly in states like Nevada. Stephen Post, Communicatoins Manager at Last Prisoner Project, emphasized the importance of the HOPE Act in providing a second chance to those affected by state-level marijuana possession arrests. "Countless Americans shoulder the enduring weight of a criminal record – often stemming from minor infractions like a marijuana possession or conspiracy charge. This label becomes a barrier to housing, employment, public benefits, and educational opportunities, consigning many to a cycle of poverty," said Post. "These outdated policies impede progress in our communities, affecting us all. The HOPE Act offers a beacon of relief by aiding states in clearing these unjust hurdles, particularly by streamlining the process through automation. We commend Representatives Joyce and Ocasio-Cortez for prioritizing pragmatism over partisanship, and we eagerly anticipate further collaboration to advance this vital reform." The Last Prisoner Project's endorsement of both the House and Senate versions underscores the organization's unwavering commitment to addressing the injustices perpetuated by cannabis criminalization. We are optimistic that as more states have passed legalization, record expungement will continue to become more commonplace. Our 2023 State of Cannabis Justice Report showed, 24 states have enacted cannabis-specific record clearance laws, and 10 have enacted cannabis-specific resentencing laws. Our work in states throughout the country has shown us the jurisdictions need additional resources to implement these policies even after passing legislation As the HOPE Act gains momentum in Congress, propelled by bipartisan support and advocacy from organizations like the LPP and efforts like our recent 420 Unity Day of Action , there is renewed support for individuals burdened by past cannabis convictions. With each endorsement, the call for comprehensive cannabis reform grows louder, signaling a step closer towards justice, equity, and redemption for all.
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