LA Appeals Court Affirms Kevin Allen's 35-Year Sentence for Cannabis is "Not Excessive"
Kevin Allen’s case has been a stark example of how outdated drug laws can continue to impact individuals long after public opinion and legislation have evolved. Recently, the Louisiana Second Circuit Court of Appeal ruled that Allen’s 35-year sentence for selling $20 worth of marijuana was “not excessive,” affirming his lengthy incarceration for nonviolent cannabis-related offenses.
In 2014, Allen was convicted of selling just $20 worth of cannabis to a confidential informant in two separate transactions. Despite the minor nature of the offense, Louisiana’s habitual offender statutes and Allen’s previous nonviolent drug convictions allowed the court to initially sentence him to life imprisonment without the possibility of parole. This severe sentence was handed down despite the fact that none of Allen’s prior offenses involved violence.
In 2022, the Louisiana Supreme Court intervened, vacating his life sentence and ordering the lower court to impose a punishment that was not constitutionally excessive. This led to a 35-year sentence being handed down, which was still viewed by advocates as overly punitive for a nonviolent offense involving such a small amount of cannabis. Allen’s supporters, including groups like the Last Prisoner Project, continue to argue that this sentence remains excessive given the nonviolent nature of his offense and the ongoing decriminalization of marijuana across many parts of the country, including parts of Louisiana.
Unfortunately, the appeals court upheld the 35-year sentence, emphasizing that although Allen’s crimes were nonviolent, they involved drugs, which the court viewed as contributing to broader societal harm. This ruling disregarded Allen’s personal history, including his strong family ties, lack of violent conduct, and the numerous changes in marijuana legislation since his conviction.
While the court stated it had complied with Louisiana’s sentencing guidelines under Article 894.1, many of Allen’s advocates believe that his personal circumstances and the nature of the offense were not given the appropriate weight. Allen’s case has drawn attention to the broader issues within the criminal justice system, where nonviolent offenders, particularly those caught up in the "War on Drugs," continue to face disproportionate sentences under habitual offender laws.
As it stands, Kevin Allen remains incarcerated for what many see as a relic of a bygone era in drug enforcement. While the legal system has moved in some areas toward a more equitable approach to cannabis-related offenses, for Kevin Allen, that shift remains elusive. His case continues to be a rallying point for those advocating for justice in nonviolent drug offenses, particularly as more states decriminalize or legalize cannabis.
For Allen and others like him, the fight for a more just outcome is far from over. We remain committed to pushing for sentencing reform and clemency in the hopes that one day, justice will truly reflect the severity of the offense—rather than the heavy-handed statutes of the past. We have already been working with Kevin's attorneys to appeal this decision and have his case reviewed by the Louisiana Supreme Court again.
