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Hawaii’s Social Equity Working Group Endorses LPP Policies in Official Report

Frances Trousdale • Oct 04, 2022

This August, the Last Prisoner Project’s policy team presented to Hawaii’s Dual Use of Cannabis Task Force, urging the group to consider justice-oriented policy in their road to legalization. Encouraging retroactive provisions in cannabis legalization, LPP set out evidence-based policy recommendations for state-initiated resentencing and record clearance. Attending the meeting were members from the state’s Social Equity Working Group, which is fighting to ensure just and fair cannabis legalization.


LPP is thrilled to see that members of the Social Equity Working Group fully embraced their recommendations, endorsing them in their official report. Sourcing all suggestions from LPP’s state policy assessment and report, Hawaii’s Social Equity Working Group suggested the following policy provisions be included in legalization efforts:


For resentencing, the Legislature should: 1. Create an automatic process to identify and review eligible cases, 2. Apply this process to all past, current, and future cases, 3. Include a presumption for release, presuming resentencing to time served or reduced terms when before the court, 4. Provide clear guidance on those presumptions to judicial decision makers and subject any opposition by law enforcement or prosecutors to a judicial process, 5. Create enforceable deadlines for the identification, review, processing, and release of adversely affected individuals, and 6. Monitor the process with transparent data and reporting. 


For record clearance, the Legislature should: 1. Create an automatic process to identify and review eligible records and clear them with no action or fees required of the record holder, 2. Ensure the criteria for clearance are broad and clearly defined, 3. Ensure there is no waiting period between identification of the records and their clearance, 4. Disallow discretionary review of individual records to improve the efficiency of the process, 5. Monitor the process with transparent data and reporting, and 6. Conduct public advocacy campaigns and individual contact attempts to ensure affected individuals are aware they received relief. 


LPP is honored by the group's full endorsement for our state-initiated resentencing and record clearance policies, and look forward to future progress in Hawaii. Click here to read the full report.

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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