Yesterday, Governor Laura Kelly announced that she would grant clemency to eight individuals, including commutations for three individuals currently incarcerated on marijuana offenses.

In the wake of the COVID-19 pandemic, the Governor's office faced pressure from criminal justice organizations and advocates to use the clemency power to safely decarcerate facilities being ravaged by the virus. Gov. Kelly has stated in the past that she intends to use her time in office to reexamine the criminal justice system, and particularly egregious sentences for low-level offenses. To date, though, she had not utilized this power. In fact, her use of clemency appears to be unprecedented in recent Kansas history, with the past four administrations utilizing the clemency power just nine times combined.

In March, as Governor Kelly came out as a vocal supporter of the state's medical marijuana bill, the Last Prisoner Project, along with former Unites States Attorney, Barry Grissom, published an open letter to the Governor urging her to grant categorical clemency for all nonviolent cannabis prisoners currently incarcerated in Kansas. In the letter, we highlighted the case of Joseph Agrillo, one of the recipients of a clemency grant.

Prior to his commutation Joseph was serving a 54-month prison sentence, as well as a three-year post-release sentence, for possession with intent to distribute 25 grams of marijuana. Joseph was a medical marijuana patient in California but was arrested for possession in Kansas after he moved to spend more time with his son. Not only has the criminal legal system adversely affected Joseph's life, but it has also left an indelible mark on his family, especially his son, who has been left fatherless since Joseph’s incarceration.

Joseph was represented in his commutation application by Barry Grisom.

In our letter to the Governor LPP stated: "As you continue to support the legalization of medical marijuana in your state, we urge you to work to ensure that Kansas also prioritizes the social and racial justice implications of cannabis criminalization, including releasing those still languishing in Kansas prisons for low-level cannabis offenses."

We are so heartened today that the Governor has granted these three commutations, but as the state moves forward with legalization, we must work to ensure that Kyle Page, Antonio Wyatt, and every last cannabis prisoner in the state of Kansas is freed.