LPP Submits Public Comment to DEA on Rescheduling, Urges Descheduling to Address Public Health Impact of Cannabis Criminalization

July 19, 2024

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. 

Illegal Here, Legal There: Alexander Kirk’s Journey Through Cannabis Criminalization

By Stephanie Shepard • May 14, 2025
When Alexander Kirk walked out of prison on December 10th, he stepped into a world that had shifted beneath his feet. But the shift wasn’t universal. In Iowa, where he lives, cannabis is still fully illegal. Drive two minutes across the bridge into Illinois, and that same plant, once the root of his decade-long incarceration, is not only legal but a booming, billion-dollar industry. That contradiction sits at the center of Alex’s story. He’s a father, a mechanic, a reader, and a deep thinker. He’s also someone who spent more than ten years of his life behind bars for the same substance that dispensaries now sell with flashy packaging and tax revenue incentives. “It’s crazy,” he says. “One side of the bridge is legal, the other side isn’t. It’s hard to believe.” A Life Interrupted Alex’s most recent sentence—ten years in federal prison—started with a bust that was as much about timing and proximity as anything else. He was on federal probation for a previous cannabis offense. A raid at a residence he didn’t live in, but where his truck was parked, ended with a federal indictment. A tip from his child’s mother, who was angry about a disagreement over vacation plans, helped open the door for the investigation. “She made a call, gave them a tip,” Alex recalls, without bitterness, just clarity. “And that’s all it took.” The charges? Conspiracy to distribute less than 50 kilograms of marijuana—a charge that, while less than the quantities tied to large-scale trafficking operations, still carried weight under federal law. He received 80 months for the new charge and another 40 months for violating parole. The math added up to a lost decade. “I had already done ten and a half years the first time,” Alex says. “I was institutionalized. Prison became familiar. It’s where I knew how to move.” But even when you know the rules, prison isn’t easy. The hardest part for Alex wasn’t the food, the routines, or the guards—it was missing his children growing up. “I got five kids. Three of the older ones talked to me after and explained how I chose the streets over them. That was hard. But it was true.” He reflects on it now with a kind of painful honesty: “I didn’t want to pay for weed, so I started selling it. I smoked, and I hustled. Eventually, it got out of hand.” Knowledge Behind Bars Alex didn’t spend his time in prison passively. He worked in the prison garage, learning to fix cars—something he’d loved as a kid. He dove into books and self-help titles. One that stuck with him was The Voice of Knowledge by Don Miguel Ruiz. “That one changed things,” he says. “It helped me realize everyone’s got their own story they’re telling themselves. That helped me stop taking things so personally.” He also began thinking about the world beyond prison. He drafted a business plan for a youth program designed to keep teens from ending up like him. “I wanted to show them they had options,” he says. “You don’t always get that when you grow up in survival mode.” The Politics of Legalization What’s jarring about Alex’s story is not just the sentence—it’s the fact that it happened while the national conversation around cannabis was changing rapidly. By the time Alex was halfway through his sentence, multiple states had legalized recreational marijuana. Billion-dollar brands were being built. Politicians were posing for ribbon-cuttings at dispensaries. Celebrities were launching product lines. And people like Alex were still behind bars. “It’s unjust,” he says bluntly. “There’s no reason someone should be locked up for weed while companies are out here getting rich off it. The little guy got crushed. They legalized it after locking us up, but didn’t let us out.” The irony was never lost on him: that he was doing hard time for something that was now a tax revenue stream in neighboring Illinois. A Second Chance and Real Support Alex’s sentence was reduced under the First Step Act—a federal law aimed at correcting some of the harshest penalties in the justice system. Thanks to that and a longer placement in a halfway house, he was released earlier than expected. Through a friend, he reconnected with a woman from his past who introduced him to the Last Prisoner Project (LPP) . At first, he was skeptical. “We never heard about people helping folks like us. I didn’t think it was real.” But he gave it a chance—and found not just advocacy, but consistency. “Even getting emails, updates, hearing from people… that helped. It made me feel like someone gave a damn.” Through LPP, he learned that he qualifies as a social equity candidate in states with legalization programs. That means access to business licenses and support that could help him transition into the legal cannabis industry. He also learned he might qualify for early termination of his probation—a process he’s now pursuing. “I want to get into the legal side,” he says. “I know the game. I lived it. Now I want to do it right.” Life After Prison Alex is currently working in the halfway house kitchen. He’s trying to stay grounded, focused, and patient. Reentry is never easy. “You come out and everything is fast. You feel like you’re behind. But I remind myself: it’s not a race.” He’s rebuilding relationships with his kids. He’s focused on starting a business—maybe something in cannabis or something with cars. He hasn’t fully decided, but he knows he wants to help others, too.  “There’s still a lot of people inside,” he says. “And they shouldn’t be. Not for weed. If we’re really gonna legalize it, let’s legalize it for everybody. That means letting people go.” “Get to Know Their Story” Alex doesn’t want pity. He’s not asking for a handout. What he wants is what most people want: a chance to live free, to work, to be with his family. To matter. “Just because someone’s been to prison doesn’t make them violent. Doesn’t make them a bad person. Get to know their story.” Alex’s story is one of transformation, not because the system rehabilitated him, but because he did the work on his own. Now he wants to use his experience to change the system itself. He’s already started.

Pennsylvania’s HB1200 to Legalize Adult-Use Cannabis Includes Last Prisoner Project Language for Retroactive Relief

By Lulanne Alexander • May 6, 2025
Bill advances long-overdue justice and support for communities most impacted by the War on Drugs Philadelphia, PA — The Last Prisoner Project praised the Pennsylvania House for passing House Bill 1200 , a comprehensive cannabis legalization and regulation bill that centers justice, retroactive relief, and public health. Sponsored by Chair Dan Frankel, Representatives Rick Krajewski and, HB1200 charts a bold path forward for Pennsylvania to not only end cannabis prohibition but also repair the damage it has caused — especially to Black and Brown communities. "Pennsylvania is long overdue for cannabis reform, and while HB1200 is not perfect, it seeks to undo the deep harms of prohibition,” said Adrian Rocha, Director of Policy at the Last Prisoner Project . “This bill recognizes that legalization without justice is not enough. Through automatic expungement and retroactive relief, HB1200 sets a new standard for what responsible, people-first cannabis policy should look like. As the General Assembly continues to debate other important aspects of this bill, the Last Prisoner Project urges Pennsylvania lawmakers not lose lose sight of the broad consensus that legalization without retroactive relief is not best interest of justice or the Commonwealth. ” Despite shifting public opinion and growing national momentum, Pennsylvania continues to criminalize people for marijuana use. This criminalization has devastated families and communities, created an unregulated market, and deprived the state of much-needed tax revenue. HB1200 directly addresses these issues by including provisions for automatic expungement of past nonviolent cannabis offenses, sentence modification for those serving time for cannabis, investments in communities most impacted by the War on Drugs, and strong public health protections. HB 1200 will now move to through the Senate voting process.

Lawmakers Kickoff Cannabis Unity Week as Advocates Return to Capitol Hill to Call for Federal Cannabis Reform

By Stephen Post • April 29, 2025
The Cannabis Unity Coalition Hosts Multi-Day Activism Event that Includes a Press Conference, Lobby Day, and White House Rally to Free Those Still Incarcerated Download Photos + Videos from the Week’s Events Tuesday, April 29th (Washington D.C.) - As Americans across the country celebrated the 4/20 cannabis holiday last week, tens of thousands of people sat in prisons incarcerated for cannabis-related offenses, licensed cannabis businesses struggled, and the federal government's cannabis reclassification process remained stalled. But this week, lawmakers and advocates are gathering on Capitol Hill to harness their movements’ momentum and enact change. Mobilizing the 70% of the public that supports legalization into political pressure, the Cannabis Unity Coalition — the largest bipartisan alliance of advocacy, industry, and grassroots organizations — is leading Cannabis Unity Week of Action this week, taking place April 29–May 1, 2025, in Washington, D.C. The multi-day event brings together advocates, impacted individuals, and industry leaders to pressure Congress and the Trump administration to fully legalize cannabis and deliver retroactive relief to those harmed by outdated prohibition-era policies. Advocates started the week today with a congressional press conference at the House Press Triangle, where they were joined by Congressional Cannabis Caucus members Congresswoman Ilhan Omar (D-Minnesota) and Congresswoman Dina Titus (D-Nevada), alongside other representatives who spoke about current legislative efforts. The press conference was followed by a welcome ceremony in the U.S. Capitol Visitor Center. “It’s a pleasure to join the Cannabis Unity Coalition on Capitol Hill to call for federal cannabis reform,” said Congresswoman Dina Titus (NV-01) . “As Co-Chair of the Cannabis Caucus, I am dedicated to working with advocates to modernize the government’s outdated approach to cannabis and ensure that common-sense legislation is advanced in Congress.” “It’s beyond time to legalize cannabis nationwide and expunge records for those incarcerated for cannabis-related offenses,” said Congresswoman Ilhan Omar (MN-05) , newly elected co-chair of the Congressional Cannabis Caucus. "I’m incredibly grateful for the partnership of the members of the Cannabis Unity Coalition and look forward to working together to get this done." As part of their 4/20 clemency campaign with LPP , members of Ben & Jerry’s advocacy team joined to help build awareness and mobilize grassroots efforts to demand clemency from governors across the country. Wednesday will be dedicated to our Lobby Day where attendees will meet with their elected officials on Capitol Hill to advocate for cannabis reform, particularly the newly reintroduced STATES 2.0 Act and PREPARE Act . Coalition partners have planned meetings with elected officials from both parties in the House and Senate including Sen. Cory Booker (D-New Jersey) , Sen. Adam Schiff (D-California) , Sen. Josh Hawley (R-Missouri), Sen. John Fetterman (D-Pennsylvania), Sen. Andy Kim (D-New Jersey), Sen. Elizabeth Warren (D-Massachusetts), Rep. Nancy Mace (R-South Carolina), Rep. Tom McClintock (R-California), Rep. Jamie Raskin (D-Maryland) , and other offices to call for the full legalization of cannabis, the removal of criminal penalties, and retroactive relief. Events will conclude Thursday evening with a Cannabis Freedom Rally outside the White House from 4-9 p.m. to honor those still incarcerated for cannabis and demand their freedom via presidential clemency. The rally will feature previously incarcerated activists like Donte West , Kyle Page , and Deshaun Durham , who was granted cannabis clemency by Kansas Governor Laura Kelly at the end of last year. These activists will lend their voices to the actions and share their powerful stories. The Cannabis Unity Coalition is made up of a broad array of advocate groups span across political boundaries and includes Last Prisoner Project (LPP), members of the Marijuana Justice Coalition (MJC) like Drug Policy Alliance (DPA), National Organization for the Reform of Marijuana Laws (NORML), Veterans Cannabis Coalition, and Parabola Center; members of the Cannabis Freedom Alliance (CFA) like the Reason Foundation and Law Enforcement Action Partnership (LEAP); Students for Sensible Drug Policy (SSDP), which is a member of both coalitions; and industry groups like, 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); other organizaitons include Freedom Grow, Marijuana Justice, Doctors for Drug Policy Reform, United Food and Commercial Workers Union (UFCW), Supernova Women, Minorities for Medical Marijuana, DCMJ, Just Leadership USA (JLUSA), National Association of Criminal Defense Lawyers, National Coalition for Drug Legalization and the Marijuana Policy Project (MPP), Mission Green, Latinas in Cannabis, the Equity Trade Network, Cannademix, and Free My Weed Man. Those who can’t join us in D.C. can still participate virtually by contacting your federal representatives and asking them to #DecriminalizeNow, urging your governor to grant clemency to those in your state still incarcerated for cannabis, and following along through our livestream. Learn more and take action at LPP.la/CannabisUnityWeek . 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 Press contact: Stephen Post LPP Communications Manager stephen@lastprisonerproejct.org