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Just Cannabis Ep. 5 - A Mother’s Call to Action ft. Sandra Bowen

Mikelina Belaineh • Apr 27, 2023

In Episode 5 of Just Cannabis, Host Mikelina Belaineh interviews Sandra Bowen, who was recently deported after serving a ten-year-long federal prison sentence for a cannabis conspiracy conviction. In the interview, Sandra discusses her pre-trial and incarceration experiences and details the challenges she’s faced rebuilding her life in a country where she has no community ties or sense of home. Sandra tells us how she is healing and emphasizes the importance of mental health support for directly impacted individuals and their children. 

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When Sandra was released from prison in 2021 she thought she would be returning home to celebrate with her family.
 


Instead, she was taken into ICE custody and then deported to Jamaica. As soon as the prison gates opened, Sandra was met with a rushing cascade of
collateral consequences. As our guest Stephanie Shepard told us in Episode 3, the punishment system is not set up to support redemption or healing, “they want repeat business”.   Two major challenges of Re-entry include finding housing and employment. As a black woman in this world, finding safe, stable housing and gainful employment is already a daunting task. To accomplish this while on probation, with a felony record, after a decade of incarceration, in a new country can feel impossible. Additionally, there is usually a list of things the court will demand as part of an individual's supervised release. When someone is sentenced to a form of community supervision (probation, parole, supervised release) the individual is released from jail or prison into the community and is surveilled/monitored by an agent of the system, usually a probation or parole officer. As part of the sentence, the court will often mandate “conditions of release”. The court says, “We are going to release you from your incarceration, and you’re allowed to live in the community, but to keep your physical freedom, you must fulfill the following conditions…” The court often will mandate specific weekly programming, drug testing, check-ins appointments with your probation officer, and more. 


Usually, the conditions include activities that require time, access to transportation, and money– resources not so readily available to recently released individuals. 


The general public rarely sees the
fines & fees associated with arrest and incarceration. The costs of incarceration, drug testing, GPS monitoring, and court-mandated programming, are often pushed down onto the people being policed and punished. Many states and localities rely on these fines and fees to fund their court systems or even basic government operations. Our criminal legal system victimizes, traumatizes, and then charges for the financial cost of the harm perpetrated. Imagine someone stole from you and then sent you an invoice for how much it cost for them to steal your stuff.  Except here, it’s not stuff, it’s people’s lives and livelihoods. The injustice cuts layers deep, and the punishment persists. Failure to comply with the conditions of release promptly can mean further punishment. Sometimes courts will give individuals only a couple of weeks to find housing and employment. Failure to succeed, or “comply”, can lead to a violation and trigger reincarceration. Failure to pay fines and fees can also lead to violation and re-incarceration. 


On top of these standard Reentry challenges, Sandra has the added hardship of being forced to rebuild her life in a country where she has no roots or support systems.
 


Sandra joined Mikelina for a Zoom interview virtually from Jamaica, the country she was deported to. Though Sandra was born in Jamaica, it's not a place she ever called home. Sandra came to the United States with her family as a young child and spent the majority of her life in Brooklyn, New York. When she was young, her mother successfully filed for citizenship status. This privilege should have benefitted Sandra, but she was never formally sworn in. This small legal formality, unfortunately, had major consequences once she became a victim of criminal prosecution. 


The day that Sandra should have been granted her freedom and returned home to her family, she was instead released into ICE custody for round 2 of her punishment. Back in 2009, when Sandra was arrested and charged with cannabis conspiracy, she decided to fight and take her case to trial. 5 days before trial, the prosecution threatened that if she did not take the plea deal they were offering, they would go after her father & son and would pursue extreme and harsh sentences for both (30 years to life). To consolidate the harm, in an attempt to save her father and son, Sandra conceded to the plea deal. Sandra did not know that by signing the plea deal, she was signing away her right to remain in the United States upon release. 


This was her first time being arrested or charged.
 


No one took the time to explain to her by signing the plea deal she was agreeing to be deported once her prison term was completed. When Sandra was taken into ICE custody, she tried to explain the situation to the immigration judge. She told the court how her mother had gone through all the steps, and that she had been a child. How can she be punished for something that was outside of her control? It was one missing checkbox at the end of a long, tedious, citizenship process. Unfortunately, nothing could be argued or considered. The binding agreement buried in the plea deal precluded any intervention. The fine print that no one chose to explain to her before she put pen to paper. Her plea for mercy fell on deaf ears. 


Sandra sold cannabis because it was a way for her to provide for her family as a young black single mom.


 
Imagine, the scene is set in Brooklyn, New York, the city is deep in the turmoil of an ongoing War on Drugs waged by the government on and against black and brown communities. The country is pressed and pressured by the unbearable weight of a national economic crisis, further exacerbated by the perpetually growing costs of mass policing and punishment. As a young black single mom, Sandra didn’t have access to many chances or choices. She sold cannabis because it enabled her to care for her children, and yet her actions led to her kids suffering nonetheless. 


In this interview, you’ll hear about Sandra’s experience surviving pretrial incarceration and government intimidation tactics.
 

She shares how she was able to preserve and strengthen her spirit despite the trauma and injustice she endured. Sandra talks about how she is rebuilding her life in Jamaica, working to make peace with being displaced from her home and her family once again. This time, there is no “release” or “end date” in sight. Throughout the interview Sandra emphasizes the ripple effect of her incarceration, lamenting the negative impact on her family and her children. 

She talks about her experience as a collective experience, a collective harm. Sandra emphasizes the importance of trauma healing and mental health resources for those who have been incarcerated as well as their families and children. She reminds us that this pain and these truths matter, and there will be collective consequences if unacknowledged & unaddressed. Cannabis criminalization and the War on Cannabis don't just impact the individual arrested and incarcerated, there is an entire ecosystem that surrounds each person taken away. To incarcerate a mother and remove her from the lives of her children is a violent act that cuts deep. The choice to punish creates wounds we do not yet know how to count or measure. These kids deserve to be made whole. They are directly impacted, though they are not incarcerated themselves.


The Cannabis industry is being built at a rapid rate, and our state and local decision-makers are rushing to figure out cannabis taxes and revenues, hungry for profits. Meanwhile, countless individuals, families, and entire communities wait for government and industry leaders to take accountability for decades of torment. We encourage you to listen to Sandra’s interview for the full story, and we hope this conversation will leave you curious and questioning. 


Listen to the full episode here.

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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
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.
By Stephen Post 27 Apr, 2024
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