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LPP and NCDB Establish Cannabis Justice Initiative
Mar 23, 2021
Effort Will Focus on Pursuing Multiple Avenues of Relief, Including Clemency, Compassionate Release, Expungement, and Reform, on Behalf of Those Directly Impacted by Cannabis Convictions and Their Collateral Consequences
Despite state-regulated adult-use and medicinal marijuana taking hold across the country, hundreds of thousands of people continue to be arrested and incarcerated for cannabis-related activity. LPP and NACDL are focused on assisting those left behind by these laws — people who continue to face punishment for conduct now legal in dozens of states.
“With the legalization of cannabis sweeping the nation, state and federal actors must prioritize back-end relief for those still suffering under our nation’s unjust and inequitable approach to cannabis policy,” said
Last Prisoner Project Executive Director Sarah Gersten.
“The
Cannabis Justice Initiative will allow LPP and NACDL to scale our efforts to repair these harms by providing the broadest possible relief to individuals senselessly burdened by cannabis-related convictions.”
As it stands, the only legal avenues available to those left languishing in our nation’s prisons and under the yoke of cannabis-related collateral consequences after imprisonment are forms of back-end relief.
To that end, the LPP and NACDL’s
Cannabis Justice Initiative has focused on facilitating
clemency,
compassionate release,
expungement, and
broad policy reform on the local, state, tribal, and federal level.
Clemency is an application to the executive authority for a commutation of a sentence or a pardon. Compassionate release may be obtained via an application to prison authorities or, where statutorily authorized, a motion to the court in which the original sentence was imposed. An expungement is a process of sealing or erasing criminal convictions in the eyes of the court.
The
Cannabis Justice Initiative will recruit, train, and support volunteer attorneys to assist individuals seeking clemency and compassionate release.
Cannabis Justice Initiative provides infrastructural support for local groups helping those suffering consequences for past cannabis convictions.
NACDL and LPP are confident their
Cannabis Justice Initiative will make great strides in creating a world where no one continues to serve time for or remain burdened by the collateral consequences of a past cannabis conviction. The initiative will also advocate for continued reform of criminal drug laws, including legislative provisions that allow for the expansive and standardized expungement of cannabis-related criminal records.
“NACDL has long called for an end to the so-called ‘War on Drugs,” said
NACDL President Chris Adams. “The damage wrought by decades of treating drug use and abuse as a criminal legal system matter rather than as a public health matter is immeasurable—lives, families, communities, all destroyed. This initiative will help right at least some of those wrongs.”
If you are interested in serving as a volunteer or pro-bono attorney for the
Cannabis Justice Initiative, please visit
https://www.nacdl.org/cannabis to learn more.
The
Cannabis Justice Initiative, a joint project of the Last Prisoner Project and the National Association of Criminal Defense Lawyers, will enhance NACDL’s
Return to Freedom Project, a series of programs designed to provide pro bono representation for those seeking relief from harsh sentences and the collateral consequences of convictions. NACDL’s
Return to Freedom Project is led by NACDL Executive Director Norman L. Reimer and Project Manager Steven Logan.
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.
Congressional Leaders, Grassroots Organizations & Cannabis Industry Activists Call for Decriminalization during 420 Unity Day of Action Multi-Day Activism Concludes with Moving White House Candlelight Vigil Honoring those Still Incarcerated and their Families PRESS HERE to Download Photos + Videos from the Week’s Events Washington D.C., April 19 – Over the past several days, Last Prisoner Project (LPP) has been mobilizing the largest coalition of bipartisan cannabis advocacy, industry, and grassroots organizations, as well as individual activists to convene in Washington D.C. for a 420 Unity Day of Action . A number of lobbying events applied public pressure on Congress and President Biden, encouraging them to take action to fully legalize cannabis, free those still in prison and clear cannabis-related convictions. 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 and millions still suffer the collateral consequences of a criminal record for the same activity others now profit from. Advocates were joined by several elected officials who have been leading the fight for cannabis reform including Sen. Ron Wyden (D-Oregon), Rep. Earl Blumenauer (D-Oregon), Rep. Ayanna Pressley (D-Massachusetts) who spoke during Wednesday’s press conference in front of the U.S. Capitol, and the next day Rep. Ilhan Omar (D-Minnesota) spoke to advocates at the Capitol Visitor Center before Lobby Day meetings with elected officials from both parties including Sen. Cory Booker (D-New Jersey), Sen. Chuck Schumer (D-New York), Sen. Kirsten Sinema (D-Arizona), Sen. John Fetterman (D-Pennsylvania), Sen. Bill Cassiday (R-Louisiana), Sen. Mark Warner (D-Virginia), and others to call for the full legalization of cannabis, the removal of criminal penalties and retroactive relief. Specifically, advocates called on lawmakers to co-sponsor one of the three pieces of legislation which would federally legalize cannabis, the MORE Act , States Rights Act , and the soon to be re-introduced CAOA , as well as the HOPE Act , which was introduced in the Senate on Thursday and would provide funding for state-level expungement programs. Capping off 48 hours of lobbying and activism, formerly incarcerated LPP constituents Bryan Reid , Kyle Page , Donte West and Andy Cox , and families of those still incarcerated including Mitzi Wall and Alicia Deals , were joined by hundreds of advocates for a candlelight vigil in front of the White House to honor all those harmed by cannabis criminalization. Throughout the week, directly-impacted advocates were joined by celebrity voices including Rosario Dawson, M-1 of Dead Prez, and JoJo Simmons who used their platforms to spread the calls to decriminalize far beyond the capital. This advocacy work to broaden the movement and get people engaged on these issues will continue throughout the weekend as the 4/20 Unity events culminate with the National Cannabis Festival taking place today and tomorrow (April 19-20) at RFK Campus Festival Grounds which includes educational panels and a fireside chat with Last Prisoner Project Board Member M-1 . The weekend will conclude with a concert headlined by Thundercat and Wu-Tang Clan with Last Prisoner Project Ambassador Redman . To join the fight for cannabis justice, contact your elected officials by sending them a letter and calling their offices urging them to decriminalize cannabis now. Photo Credit: Ben Droz The bipartisan advocacy groups that joined LPP this week included: Drug Policy Alliance (DPA) ( @drugpolicyalliance ) Students for Sensible Drug Policy (SSDP) ( @ssdpofficial ) NORML ( @natlnorml ) Veterans Cannabis Coalition ( @veteranscannacoalition ) Parabola Center ( @parabolacenter ) Reason Foundation Law Enforcement Action Partnership (LEAP) ( @leactionpartnership ) National Cannabis Festival ( @natlcannabisfest ) National Craft Cannabis Coalition ( @nationalcraftcannabiscoalition ) National Cannabis Industry Association (NCIA) ( @nationalcannabisindustry ) Minority Cannabis Business Association (MCBA) ( @mincannbusassoc ) Indigenous Cannabis Industry Association (ICIA) ( @indigenouscannabisindustry ) Asian Cannabis Roundtable ( @asiancannabisroundtable ) National Association of Black Cannabis Lawyers (NABCL) ( @nabcl_llc ) FreedomGrow ( @FreedomGrowForever ) Marijuana Justice ( @thcjusticenow ) Doctors for Drug Policy Reform ( @d4dprorg ) United Food and Commercial Workers (UFCW) ( @ufcwunion ) Bay Area Latino Cannabis Alliance (BALCA) ( @balca_bayarea ) Supernova Women ( @supernovawomen ) Minorities for Medical Marijuana ( @m4mmunited ) Better Organizing for Winning Legalization ( @thebowlpac ) Midwest Cannawomen ( @midwestcannawomen ) DCMJ ( @DCMJ2014 ) Just Leadership USA (JLUSA) ( @justleadershipusa ) National Association of Criminal Defense Lawyers ( @nacdl ) United For Decrim Marijuana Policy Project (MPP) ( @marijuanapolicyproject ) 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. Follow Last Prisoner Project: Instagram | LinkedIn | X/Twitter | Facebook For Media Inquiries: Linda Carbone & Katie Leggett PRESS HERE linda@presshereproductions.com | katie@pressherepublicity.com Stephen Post Last Prisoner Project’s Strategic Communications Manager stephen@lastprsionerproject.org | press@lastprisonerproject.org
Statement from Frank Stiefel Senior Policy Associate Last Prisoner Project Hawai’i Legislature Sends Bill to Governor Green that will Provide Retroactive Relief for Those Criminalized for Cannabis Possession April 18, 2024 House Bill 1595 (HB 1595), which would create a pilot for the creation of a state-initiated expungement process for individuals with non-conviction records for cannabis possession, has been passed by the Hawai’i Legislature and now awaits Governor Green’s signature. Over the past year, Last Prisoner Project (LPP) has been working with Representative David Tarnas, Chair of the Hawai'i State House Committee on Judiciary and Hawaiian Affairs, to figure out relief pathways for those criminalized during cannabis prohibition. Our work with Representative Tarnas led to him introducing HB 1595 at the start of this year, which would begin to address the injustices perpetrated during the War on Drugs through the creation of a state-initiated expungement process for individuals with a criminal record for cannabis possession. On March 1st, Representative Tarnas invited LPP to participate in an informational briefing on the importance of cannabis record clearance . During the briefing, we gave a presentation on the landscape of cannabis record clearance and how HB 1595 could begin to dismantle the racial injustices that the criminal legal system has perpetuated during prohibition in Hawai’i. The Hawai'i Criminal Justice Data Center (HCJDC) also participated in the briefing and presented data showing that approximately 40,000 of the 50,000 criminal records that are eligible under HB 1595 are for non-convictions. This means that 40,000 individuals have been found not guilty of any criminal wrongdoing, yet they still carry a criminal record for cannabis possession. Since the briefing on March 1st, HB 1595 has been amended to reflect the preferred approach of the Department of the Attorney General. The bill now outlines the creation of a pilot for the implementation of a state-initiated expungement process for non-conviction records of cannabis possession. Our hope is that HB 1595 will be a blueprint for how Hawai’i can begin to provide retroactive relief to the thousands of individuals who continue to suffer the consequences of having a criminal record for cannabis possession, an offense that has been decriminalized since 2019. “I believe our state has an obligation to ensure that individuals who continue to suffer the consequences of an outdated law have an opportunity to finally move on with their lives. HB 1595 represents the first step for Hawai'i to expand the relief offered by record clearance to a greater number of individuals who have a criminal record for cannabis possession. My hope is that this pilot project will demonstrate that Hawai'i can grow this state-initiated expungement process to ensure that every individual that has been affected by a criminal record for cannabis possession is provided retroactive relief,” said Representative David Tarnas. There are now 24 states that have passed laws to create cannabis-specific expungement processes. Similarly, the inclusion of criminal justice policies has become commonplace for states that have sought to legalize adult-use cannabis. Since 2018, 13 of the 14 states that have legalized cannabis have included record clearance policies, and since 2021, they have all been state-initiated. We look forward to continuing to work with legislators in Hawai’i to create systems that can provide retroactive relief for the thousands of individuals who have been criminalized during prohibition. About Last Prisoner Project The Last Prisoner Project, 501(c)(3), is a national nonpartisan, nonprofit organization focused on the intersection of cannabis and criminal justice reform. Through policy campaigns, direct intervention, and advocacy, LPP’s team of policy experts works to redress the past and continuing harms of unjust cannabis laws. We are committed to offering our technical expertise to ensure a successful and justice-informed pathway to cannabis legalization in Hawai'i.
