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Just Cannabis – Episode 1: Intersectionality and the War on Cannabis

Mikelina Belaineh • Mar 01, 2023

Welcome to Just Cannabis, a new short-form podcast series from the Last Prisoner Project that examines the issue of cannabis justice through a series of interviews with directly impacted individuals and cannabis justice advocates. Just Cannabis hopes to support the efficacy of the cannabis justice movement by offering a new platform for critical and candid conversations about cannabis justice issues.


Today, in 2023,
88% of Americans support cannabis legalization. Almost every state has legalized or decriminalized cannabis in some form or fashion, an incredible and dramatic shift in mainstream culture and opinion. As the mainstream cannabis movement continues to gain momentum across the nation, the cannabis industry and government stakeholders are projecting revenues and profits while individuals, families, and communities continue to suffer from arrest, incarceration, and the collateral consequences that follow. 


The “War on Drugs” and the “War on Cannabis” that flows from it is complex, systematic, and firmly rooted in a foundation fertilized by 50+ years of propaganda and enforcement. If we hope to descale this War and transform our culture of racialized punishment, we must dismantle the systems that stand in its honor, divest from narratives of black criminality, and we must be dogged in our critical examination of the task at hand. 


In Season One of
Just Cannabis we focus on highlighting the voices and narratives of womxyn who have been impacted by the criminalization of cannabis because, despite being the fastest-growing correctional population in the country, womxyn are consistently overlooked by both the criminal justice and cannabis reform movement. The ACLU put out a hugely influential and important report in 2020 detailing and explaining the racial disparities in cannabis arrests— making clear that cannabis is a racial justice issue, but it fails to mention womxyn even once.


 Meanwhile, women's incarceration rates climb at double the rate of men’s in state prisons across the country, and correctional facilities all over the country are struggling to house the ever-increasing number of womxyn, making overcrowding and inhumane conditions the new norm. We cannot fulfill our goals of equity and justice without understanding the experiences of directly impacted womxyn. 


A recent report
by the Prison Policy Initiative shows that over half (58%) of all women in U.S. prisons are mothers, as are 80% of women in jails. Additionally, the report found that 1/3 of incarcerated womxyn incarceration identify as queer. These data points demonstrate how the issue of criminal justice, and thus cannabis justice, is an intersectional issue that requires us to consider not only the implications of race, but also gender and sexuality (see more detailed discussion in the Blog Post “Towards an Intersectional Lens on Cannabis Criminal Justice Reform”). 


The experience of arrest, incarceration, and re-entry is different for womxyn than it is for men. To overlook and exclude womxyn, is to turn away from lived experiences that are integral to understanding the whole cannabis justice story. 


Listening to
Just Cannabis, you will hear from mothers and daughters who have been impacted by the criminalization of cannabis, as well as from advocates including LPP’s Executive Director, Sarah Gersten. By sharing their stories, Just Cannabis is helping to expose an injustice that all too often goes unacknowledged and unaddressed. In addition, by giving listeners more insight into critical context missing from many of today’s cannabis-related conversations, Just Cannabis is giving the public an opportunity to learn, heal and empower themselves to advocate for much-needed change. 


Our hope is that this podcast will spur the conversations and considerations needed for our country to take a more human-centric, anti-racist, and equitable approach to cannabis policy and its related criminal justice reforms. We hope this series inspires you to mobilize and organize around cannabis legalization, and we hope that it expands your understanding of today’s cannabis movement. To create a future different from our past and present, we must move with eyes and ears wide open– curious, critical, and questioning. 


Thank you for reading, we hope you listen in, and welcome to
Just Cannabis.


Listen to Episode 1 on Spotify, Apple, or Amazon.



About the Author


Mikelina Belaineh serves as the Director of Impact at the Last Prisoner Project, and is the host/creator of
Just Cannabis. Mikelina identifies as a queer, black, nonbinary abolitionist, and has dedicated themselves to organizing around issues of gender, sexuality, policing, and punishment. Mikelina graduated from Harvard Law in 2016, and has since spent their career interrogating, understanding, and addressing issues of mass incarceration. Mikelina has worked on issues of street and gang violence, womxyn’s incarceration, and cannabis justice. They bring experience as a non-profit leader, board member, researcher, scholar, and professor. 


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.
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.
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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