You can find LPP's full submitted comment on regulations.gov or see the document here.

Last Prisoner Project

1312 17th St
SUITE 640 DENVER, CO 80202

July 19, 2024

Drug Enforcement Agency

Attn: Liaison and Policy Section 

8701 Morrissette Drive 

Springfield, VA 22152

Dear United States Drug Enforcement Agency,

The Last Prisoner Project (“LPP”), a national nonprofit that works at the intersection of cannabis and criminal justice, submits the following comment concerning the Drug Enforcement Agency’s (“DEA”) oversight of cannabis scheduling (Document ID DEA-2024-0059-0001). Specifically, we urge the DEA  to decontrol cannabis due to the grave public health consequences of cannabis-related incarceration.

At the Last Prisoner Project, we recognize the DEA’s decision to approve the Department of Health and Human Services recommendation to reschedule cannabis to Schedule III is historic. This announcement is the culmination of years of advocacy by groups like ourselves to push the federal government to better reflect the public’s view on cannabis. With this said, while the move is undoubtedly a step forward, it does not fulfill LPP’s goal to fully remove cannabis from the Controlled Substances Act, and we believe the failure to do so propagates significant risks to public health given the nature of cannabis-related incarceration. 

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, particularly as it relates to public health. Completely eliminating criminal penalties for cannabis and ending lengthy sentencing practices for cannabis-related offenses also enables scarce public health and safety resources to be focused where they are most needed. Removing cannabis from the CSA entirely not only comports with legalization trends in the vast majority of states, but also with the sentiment of a vast majority of Americans that believe cannabis should be legalized. This shift demonstrates the shift in American sentiment given the growing body of research and evidence as to the dangerousness of cannabis and its potential medical benefits, as has been indicated by numerous other commenters.

For decades, cannabis-related criminalization and incarceration have posed significant long-term health risks, particularly in communities of color. In 2013, a report from the American Civil Liberties Union found that, despite virtually indistinguishable rates of cannabis consumption amongst racial groups, Black residents of the United States were 3.73 times as likely to be arrested for marijuana possession than their white counterparts. A 2020 follow-up to the ACLU report found that, despite several states legalizing or decriminalizing cannabis, these racial disparities remained essentially unchanged. Data indicates that these racial disparities appear to persist in conviction rates and sentencing. These health implications are most evident when investigating discrepancies in life expectancy, rates of illness and hospitalizations, and mental health disturbances. 

The research surrounding the relationship between incarceration and diminished life expectancies is unequivocal. Studies have shown that “each year in prison takes 2 years off an individual’s life expectancy.” And more broadly, “mass incarceration has shortened the overall US life expectancy by 5 years.” Even upon release, these impacts continue, given that mortality rates for individuals under any form of community supervision are two to three times higher than the general population. It is also worth noting that many incarcerated individuals already face increased health risks due to the disproportionate methods of policing. Cannabis is overcriminalized amongst communities of color, who already face diminished life expectancies. Furthermore, data shows that “people aged 55 years and older are among the fastest growing segments of the incarcerated population. Older adults have higher rates of chronic conditions and mental and physical disabilities.” 

While incarcerated, individuals are  often subject to unsanitary conditions, environmental hazards, physically uninhabitable living quarters, and lack basic medical access, nutritional sustenance, and mental health resources. The impacts of these factors are clear in the relationship between incarceration and rates of illnesses and hospitalizations. Research shows that individuals who are incarcerated are more likely “to have high blood pressure, asthma, cancer, arthritis, and infectious diseases, such as tuberculosis, hepatitis C,.” HIV/AIDS is two to seven times more prevalent amongst incarcerated populations, and an estimated 17% “of all people with HIV living in the U.S. pass through a correctional facility each year.” Similarly, “hepatitis C occurs at rates 8 to 21 times higher among incarcerated people.” Overall, rates of hospitalization are significantly higher in individuals who have been incarcerated than they are in the general population. Additionally, due to the lingering collateral consequences attached to a criminal conviction, individuals are at a much higher risk of entering states of risk and poverty upon release, leaving many of these health concerns to exacerbate. 

Individuals who are incarcerated or under community supervision are significantly more likely to experience mental health and substance abuse problems throughout their lifetime. Research shows that the prevalence of serious mental illness is two to four times higher in jails and prisons. 

The deleterious effect of incarceration can significantly alter an individual’s well-being, health, and mortality. By some estimates, incarceration can trim between four and five years of life expectancy if someone is incarcerated at age 40. Given the US's disproportionate incarceration rate when compared to global peers, there is research that suggests the relationship between incarceration and life expectancy may actually serve to depress national statistics on mortality rates among young adult males and females (20-44 years old) and older adults (45-69), as the US ranks close to the bottom in all of these categories. Factoring in that that an incarcerated individual is more than three times as likely to die from suicide compared to someone in the general American population also contributes to the the US’s grim global ranking.  

The consequences of these health risks ripple beyond prison doors. Not only do individuals continue to face significant health risks upon release due to their long-term nature, but also, the risks permeate throughout entire communities. A recent study demonstrated that children who have had a family member incarcerated experience poorer health outcomes later in life. So much so that individuals who have a family member who is currently or formerly incarcerated have a shorter life expectancy by 2.6 years. This is because the brutality of incarceration is felt by entire communities due to the emotional trauma of family and community separation as well as the financial burdens imposed by incarceration. 

With these health crises in mind, LPP believes that the mere rescheduling of cannabis - which allows the continued criminalization of cannabis use and imprisonment for cannabis offenses - perpetuates the public health risks associated with incarceration. Therefore, we urge the DEA to go further, and to decontrol cannabis, thus reducing criminal penalties and creating avenues for individuals currently serving time for cannabis offenses to seek relief. We believe that this would significantly improve the nation's public health in numerous ways. Not only would it improve the health crisis within prisons by mitigating overcrowding, but it would also improve the health outcomes of individuals incarcerated for cannabis offenses by shielding them from the fatal conditions of prisons, ultimately uplifting surrounding communities as well. 

We appreciate the opportunity to comment on this request and thank the DEA for its time and consideration.