Blog Layout
LPP’s Policy Team works in Virginia to pass cannabis resentencing
Frank Stiefel • Feb 28, 2022
In 2021, Virginia became the 17th state to legalize adult-use cannabis. This was a watershed moment, as it is the first Southern state to repeal prohibition. Though Virginia did include some automatic record clearance provisions in its legalization bill, it unfortunately did not succeed in providing a retroactive resentencing process. Virginians are still in prison for behavior the state has changed its position on criminalizing, and there is currently no pathway in Virginia to provide an opportunity for cannabis-related sentences to be reevaluated in light of legalization.
An example of this fundamental injustice is the case of Bryan Reid, a father of four who is currently serving a 12-year sentence at Coffeewood Correctional Center in Mitchells, VA for possession with intent to distribute cannabis. Byan’s only priors are for nonviolent drug offenses. Bryan currently has no legal mechanism to ask the court to reconsider his excessive sentence in light of legalization. Like too many other Virginians, Bryan continues to be separated from his family for behavior that the Commonwealth now views differently.
The Last Prisoner Project’s policy team has been working with Virginia legislators, community advocates, and justice system practitioners to ensure that individuals have an opportunity for their cannabis-related sentences to be reduced in light of legalization. Through LPP’s advocacy, the Virginia Senate passed SB 745 earlier this month,
a bill that creates an automatic hearing process for cannabis-related resentencing. SB 745 contemplates the strongest cannabis resentencing process to clear any state legislative chamber so far, and enjoys bipartisan support. LPP’s policy team was also successful in seeing the resentencing policy added to SB 1406, the major cannabis bill that passed the Senate this month. Both bills are now in the Virginia House.
The Virginia General Assembly will wrap up in mid-March. Every day that passes without cannabis resentencing is another day that people are unjustly separated from their families and their freedom. Without a resentencing process, Virginia’s legalization program will be more focused on creating profits than being accountable to the origins of prohibition in the first place.
Listen on: iHeartRadio | Pandora | Spotify | RSS On March 8, 2016, Officer Nicholas Blake became suspicious of two vehicles traveling together on Interstate 70 toward Manhattan, KS due to their appearance and registration inconsistencies. He suspected they were involved in drug trafficking, with one acting as a decoy. Following a series of stops and surveillances by multiple law enforcement officers, a considerable amount of marijuana and methamphetamine was found in one of the vehicles leading to the arrest of Donte Westmoreland and others. Westmoreland was convicted based largely on the testimony of an informant, Jacob Gadwood, who claimed to have bought marijuana from Donte, but the informant's credibility was later questioned, and a prosecutorial deal ensuring Gadwood would not be charged with a crime was never disclosed. Donte Westmoreland is a decriminalization and anti-incarceration advocate whose experience with the criminal justice system changed his life forever. With a no criminal record score, and nothing illegal in his possession, Donte was arrested and convicted on charges that were later overturned. He spent three years imprisoned, where with the support of the facility's Warden and staff, he worked to fight his charges and also spoke to area teens about his experience with law enforcement and the courts. He was released on October 15, 2020 and is re-establishing his life in northern California where he works with the Last Prisoner Project to help free anyone incarcerated on cannabis related charges. Learn more about Donte in recent stories by Cannabis & Tech , Missouri Independent , and ABC . To learn more and get involved, visit: https://www.lastprisonerproject.org/ https://fromtheearth.com/missouri/independence-menu/?dtche%5Bpath%5D=brands%2Fwest-by-illicit We started the Wrongful Conviction podcast to provide a voice to innocent people in prison. We want to hear your voices, too. So call us at 833-207-4666 and leave us a message. Tell us how these powerful, often tragic and sometimes triumphant, stories make you feel. Shocked? Inspired? Motivated? We want to know! We may even include your story in a future episode. And hey, the more of you that join in, the more power our collective voices will have. So tell a friend to listen and to call us too at 833-207-4666. Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1. See omnystudio.com/listener for privacy information.
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
