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It’s Justice by Geography Once Again for Individuals with Cannabis Records in California

Frank Stiefel • Feb 07, 2024

After Proposition 64 was passed in 2016, individuals with low-level cannabis records became eligible to have their cannabis records sealed. The legislature attempted to further expedite record clearance relief by passing AB 1793, which aimed to ensure individuals would not have to petition the court to get their eligible cannabis-related records sealed. Instead, it would be the responsibility of local and state agencies to initiate the record clearance process for those with low-level cannabis records. The bill was a nation-leading step in cannabis and criminal justice reform and has since been modeled in several states. 


Unfortunately, the implementation of AB 1793 was inconsistent across the state and tens of thousands of people did not end up receiving the relief they were due. In an effort to resolve these unacceptable implementation delays, Assemblymember Bonta worked with LPP to sponsor AB 1706 in 2022. The legislation provided clear deadlines and guidance for the agencies charged with sealing eligible records from individuals’ criminal histories. It also added oversight and progress reporting to ensure that bureaucratic delays and lack of transparency no longer barred deserving individuals from relief. AB 1706 sailed through the legislature with overwhelming support, was signed into law by Governor Newsom, and came into effect at the start of 2023. 


This month marks the one-year anniversary of AB 1706 coming into effect in California and we are happy to see that over 50% of eligible records have been sealed! However, there are still over thirteen thousand people that need to receive record clearance relief and when looking closer at the data that has been provided by the Department of Justice (DOJ) there are numerous concerns that arise. 


Our primary concern is that there still seems to be an issue with justice by geography as it relates to counties providing record clearance relief. This is the exact same problem that led to Assemblymember Bonta introducing AB 1706 in the first place. One of the most egregious counties is Marin County, which has not sealed A SINGLE eligible cannabis record over the course of this past year. In Imperial County, we found that only 6 people out of an eligible 1,473 have had their cannabis records sealed in 2023. Finally, in San Joaquin and Trinity counties, only 59 people out of an eligible 1,734 have received record clearance relief this past year.


Our second concern is related to the high percentage of cannabis records that are eligible for sealment and have been challenged by prosecutors in various counties. The DOJ, in their reports on the implementation status of AB 1706, has not indicated what has happened with these cannabis records that have been challenged by prosecutors. Our only assumption can be that these records, which were challenged by prosecutors, have now been deemed ineligible for sealment. This means that in Fresno, Kern, Napa, and Sutter counties, anywhere from five to seven percent of eligible records that were challenged by prosecutors have now been deemed ineligible.  This would also mean that in Madera County, over 10% of eligible records that were challenged by prosecutors have been deemed ineligible.


Lastly, there is little to no information on the scope of the public awareness campaign that the DOJ was tasked with undertaking. In their report from December, the DOJ said they hosted webinars with “36 individuals from 18 agencies, which included public defenders, district attorneys, and court staff.”  This cannot be considered a public awareness campaign. There are numerous ways to educate the public about their newly sealed record (e.g., billboards, social media pages, educational webinars, meetings/presentations with community-based groups, etc.) and it does not appear as though any of these options have been explored. 


We hope that the DOJ will take these concerns seriously and ensure that Californians entitled to cannabis record sealing under existing law finally receive relief. The county that you live in shouldn’t dictate whether or not the law applies to you. LPP will continue to monitor the implementation of AB 1706 to make sure that California finally makes good on its overdue promise to allow individuals criminalized by prohibition to move on with their lives.

Last Prisoner Project Supports the Reintroduction of the Cannabis Administration and Opportunity Act (CAOA)

By Stephen Post • 02 May, 2024
This week, Senators Booker, Schumer, and Wyden reintroduced the Cannabis Administration and Opportunity Act (CAOA), comprehensive legislation that would legalize cannabis federally, expunge cannabis records, and release cannabis prisoners. Here are just a few highlights to help breakdown this bill: CAOA, if passed, could finally decriminalize cannabis on the federal level. Federal courts would have 1 year to expunge or seal arrests, convictions, and juvenile delinquency adjudications for most non-violent federal cannabis offenses. They'd also be required to educate recipients on the effects of their expungement(s). Some federal cannabis tax revenue would be directed to organizations that help people secure state-level cannabis expungements. The Bureau of Prisons would have 60 DAYS TO RELEASE (and vacate the convictions of) individuals serving tiem for most federal cannabis-only offenses. Individuals whose convictions don't fall under those guidelines, or whose sentences were enhanced because of prior cannabis convictions, would be able to petition the court for a reduced sentence. The feds wouldn't be able to deny people federal public assistance because of cannabis use, possession, or convictions. They also would not be able to consider cannabis a controlled substance for the purposes of immigration proceedings. Read more about the CAOA here and read recent coverage in Filter Mag and Marijuana Moment of our 420 Unity Day where we joined with advocates to talk to Sen. Schumer and other lawmakers about the CAOA and other efforts to enact cannabis justice

DEA Moves to Officially Reschedule Cannabis

By Sarah Gersten • 30 Apr, 2024
Rescheduling is not legalization, and the existing penalties for cannabis remain unchanged. In October of 2022, President Biden made a series of historic cannabis-related executive actions , including initiating a review by the Department of Health and Human Services (HHS) and the Department of Justice on how cannabis is scheduled under federal law. In August 2023, HHS recommended rescheduling cannabis from a Schedule I drug to a Schedule III drug and referred it to the Drug Enforcement Agency (DEA) for final approval. Today, the DEA announced its decision to approve the HHS recommendation to reschedule cannabis to Schedule III. The proposal now goes to the White House Office of Management and Budget (OMB), to review the rule. If approved by OMB, the proposed rescheduling would go to public comment before being finalized. This historic announcement is the culmination of years of advocacy by Last Prisoner Project (LPP) and other advocacy groups to push the federal government to better reflect the public’s view on cannabis. While the move is undoubtedly a step forward for the movement, it does not meet LPP’s goal to fully remove cannabis from the Controlled Substances Act and its associated criminal penalties. So then, what exactly does this schedule change mean for cannabis justice reform? While the action could result in some favorable tax and banking reform for the cannabis industry and more dedicated research for cannabis patients, there are no changes in how the criminal legal system punishes cannabis users. Rescheduling is a peripheral change that signals the reevaluation of cannabis, but not the release of cannabis prisoners or relief for those who continue to be burdened by the lasting consequences of the carceral system. In short, this announcement represents progress but not justice. Despite not achieving full legalization, we must use this historic moment to push the fight for cannabis justice forward by broadening the scope of Biden’s cannabis clemency action, working with Congress and certain administrative agencies to both provide retroactive relief and to reduce prospective cannabis criminal enforcement, and incentivizing states to provide broad retroactive relief, particularly in states that have adopted a fully legal cannabis market. Learn more about ways cannabis justice advocates can leverage this change to advance reforms in our recent memo . LPP is committed to continuing the fight for cannabis justice until everyone is fully free from the harms of the War on Drugs. This means advocating for cannabis to be fully descheduled. To ensure we keep the pressure on descheduling, retroactive relief, and full legalization, Last Prisoner Project helped organize the largest bipartisan group of cannabis advocates in Washington D.C. on April 18th, 2024 for our 420 Unity Day of Action to urge Congress and the President to take further action. Last Prisoner Project believes that complete descheduling is a necessary step towards correcting past injustices and creating a fair and equitable criminal legal system. We will continue to leverage the momentum achieved from our advocacy to ensure that individuals burdened with past cannabis convictions have their records expunged and all cannabis prisoners are released, regardless of the federal scheduling decision.

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.
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