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Leading Cannabis Justice Advocates Plan 420 Unity Day of Action on 4/18

Stephen Post • Jan 17, 2024

Leading Cannabis Justice Advocates Plan 420 Unity Day of Action on 4/18


Washington D.C., January 18th
– Although 24 states and D.C. have legalized adult-use cannabis sales and the vast majority of the U.S. population now lives in states with some form of legal cannabis, tens of thousands of people remain in state and federal prison. It is imperative that as the federal government seeks to downgrade cannabis’s status from a Schedule I drug, advocates are pushing for the full legalization of cannabis, complete with effective strategies for retroactive relief. 


On April 18th, 2024, Last Prisoner Project (LPP) will be mobilizing the largest bi-partisan coalition of cannabis advocacy, industry, and grassroots organizations in the U.S. to convene in Washington D.C. for a 420 Unity Day of Action to put public pressure on Congress and the President to take action on the full descheduling of cannabis and the necessary retroactive relief measures.


The broad array of advocate groups spans across political boundaries and includes members of the Marijuana Justice Coalition (MJC)
like DPA, SSDP, NORML, Veterans Cannabis Coalition, Parabola Center; members of the Cannabis Freedom Alliance (CFA) Reason Foundation, and Law Enforcement Action Partnership; and industry groups like National Cannabis Festival, National Craft Cannabis Coalition, National Cannabis Industry Association (NCIA), Minority Cannabis Business Association (MCBA), Indigenous Cannabis Industry Association (ICIA), Asian Cannabis Roundtable, and National Association of Black Cannabis Lawyers (NABCL).


As more organizations join our fight, individuals interested in attending the action can
sign up here. 


In addition to mobilizing this day of action,
Last Prisoner Project released a memo outlining how cannabis justice advocates can leverage the impending historic change in schedule for cannabis 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. 


“We need an all hands on deck approach to ending the unjust war on our community, which means leveraging incremental wins as we build toward bigger, bolder reforms.” Said
Sarah Gersten, LPP Executive Director and author of the memo. “While rescheduling alone will not offer retroactive relief, it would be a historic shift in policy, and we must be ready to push open the door of reform when it happens. We have outlined several ways the administration can achieve real relief and add substance to the President's mostly symbolic reforms so far.”


"We are thrilled to participate in this day of action to underscore the urgency of marijuana justice. We call on Congress to pass comprehensive marijuana reform legislation that deschedules marijuana and provides an equitable framework for marijuana regulation. At this critical juncture for federal marijuana reform, our communities will not be sidelined,” said
Maritza Perez Medina, Director of Federal Affairs for the Drug Policy Alliance, the leading member of the Marijuana Justice Coalition. “In addition, we implore President Biden to use his executive authority to bring people home from prison immediately and end some of the most egregious harms of marijuana criminalization.”


“Rescheduling marijuana might sound like a good idea, but it’s fraught with danger,” said
Geoffrey Lawrence, Research Director at Reason Foundation and Policy Director for the Cannabis Freedom Alliance. “A Schedule III designation would continue to criminalize the manufacture, distribution, or possession of marijuana at the federal level for any products that haven’t received pre-market approval from the FDA. Substantively, that means the change would imply no relief from criminal law for existing consumers or licensees, while any new exercise of regulatory authority by the FDA could imperil existing state-regulated markets. All the progress advocates have made over past decades could be erased. Full descheduling is the only approach that should be considered for marijuana.”


“I’ve spent the past 13 years working to reform the criminal justice system, starting with the War on Drugs,”
said Lt. Diane Goldstein (Ret.), Executive Director of the Law Enforcement Action Partnership. “And after years of criminalization, it’s time that we deschedule marijuana entirely so we can stop wasting law enforcement resources that could be better spent elsewhere, and make improvements in police-community relations to foster more public trust."


"There is no way to ensure universal veteran and patient access to cannabis in the US without federal descheduling. Cannabis on the Controlled Substances Act is, by far, the single largest barrier to normalizing the plant as a medicine and harm reduction alternative and ending the routine violation of individual liberty created by criminalization.” Said
Eric Goepel, Founder & CEO of Veterans Cannabis Coalition. “The hundreds of thousands of veterans dead by suicide and overdose in the last 20 years--and the massive role that unmanaged mental and physical health issues played--are a stark testimony to the failure of the current system to care for those in need.”


“NCIA supports ending the criminalization of our industry by removing cannabis (including THC) from the federal Controlled Substances Act altogether so that our businesses are treated like all other lawful American businesses.” Said
Michelle Rutter Friberg -- Director of Government Relations for NCIA. “However, we also support moving cannabis from Schedule I to III as a first step in the right direction, because the federal government would publicly acknowledge the medical value of cannabis and remove the punitive tax burden imposed by Internal Revenue Code 280E on state-legal cannabis businesses.”


Natacha Andrews, Executive Director of the National Association of Black Cannabis Lawyers said, “The reality is that alleviating the financial woes of those who already have access to financial resources does nothing to lift the burdens and disenfranchisement to people who have been deprived of liberty, parental rights, employment, education, those who work in cannabis but can't qualify for a home because they have no paystubs, those who’ve lost social welfare benefits such as SNAP/TANF, the deported, veterans, those with medical needs living in one of the 12 holdout states. The real work is digging through the ‘how’ of it all, but we can’t get there without first being honest about what brought us here.”


“MCBA is proud to support this day of action because it’s clear that Congress needs to be reminded during this critical election year that ending prohibition has the broad support of the American public.”  Said
Kaliko Castille, MCBA President. ”Congress is the only governing body that can truly end this national nightmare of locking humans in cages simply for possessing or growing a plant. Our communities can’t afford to wait any longer.”


“It is not enough to simply treat the symptoms of bad cannabis policy; we must fix the problem at its root cause.” Said
Kat Murti, Executive Director of SSDP. “Young people have always been on the frontlines of the movement to end the War on Drugs. The War on Drugs is a War on Us, and SSDP is dedicated to ensuring that our generation is the one to finally bring it to an end.”


Indigenous Cannabis Industry Association (ICIA) Founder Rob Pero,
said, "Accessibility of plant medicine is critical for our communities, especially our Indigenous communities nationwide who are disproportionately affected by opioid abuse and need a safe alternative. Equitable and responsible policy reform is needed to increase access to cannabis and create opportunities for healing, rather than perpetuating harm." 


“We're in a new era in the fight to change our drug laws, and it starts with freeing the people who are locked up for cannabis.” Said
Shaleen Title, Founder of the Parabola Law and Policy Center. “For us, this day of action is a demonstration that we will continue together to pay attention to the details, change laws, and hold those in power accountable -- and won't cede our hard-earned power to corporations and lobbyists.”


"As craft cannabis producers, we know that only the full federal legalization of cannabis will provide a level playing field for small and local businesses," said
Ross Gordon with the National Craft Cannabis Coalition. "Moving past prohibition-era stigma means treating small cannabis farmers as farmers just like any other form of American agriculture, and comprehensively recognizing and addressing the discrimination and prejudice underlying the ongoing failed War on Drugs."


"It is well past time that cannabis was removed from the Controlled Substances Act scheduling entirely and treated more like other substances that most Americans can utilize responsibly without fear of legal penalties, discrimination, or loss of civil liberties.” said
Morgan Fox, NORML Political Director. “While moving cannabis out of Schedule 1 is symbolically important, anything short of descheduling merely perpetuates the conflict between state and federal laws, continues to punish individual consumers and patients, and does nothing to facilitate the study or regulation of cannabis in a fashion that reflects the will of the supermajority of Americans who want to end federal prohibition." 


“Neither rescheduling nor descheduling alone would address the prior decades of unjust arrests, convictions, and criminal sentences for cannabis-related offenses. Retroactive relief is a critical detail as simply ending future arrests does not bring justice to the millions of individuals harmed by decades of past prohibition.” Said
Stephanie Shephard, Board Chairwoman of the Last Prisoner Project. “We need full legalization with comprehensive retroactive relief and nothing less than the end to anyone being incarcerated for cannabis crimes.” 


Learn more, sign-up, and stay updated by visiting our event webpage here.


For Media Inquiries:

Jason Ortiz

Director of Strategic Initiatives

press@lastprisonerproject.org 


ABOUT LAST PRISONER PROJECT

Last Prisoner Project is dedicated to freeing those incarcerated due to the War on Drugs, reuniting their families, and helping them rebuild their lives. As laws change, there remains a fundamental injustice for individuals whose conviction is no longer a crime. We work to repair these harms through legal intervention, constituent support, direct advocacy, and policy change. 


Visit
www.lastprisonerproject.org or text FREEDOM to 24365 to learn more.


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
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
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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