The Social Justice Promise of Psychedelic Decriminalization

Sarah Gersten • September 25, 2023

Originally published as an op-ed in The Crime Reporter.


Across the nation, we’ve seen an exponential expansion in jurisdictions attempting to pass legislation to decriminalize certain drugs–most recently psychedelics. Since 2019, 25 states have considered 74 psychedelic reform bills, 10 of which were successfully enacted. Currently, there are 32 pieces of active psychedelics legislative initiatives, and now, a bill to legalize certain naturally occurring psychedelics in California is headed to Governor Newsom’s desk. This progress comes on the heels of the past decade's monumental shift in drug policy reform and the broad legalization of cannabis. Today, 23 states and the District of Columbia have fully legalized cannabis, and there are now only four states that have no form of legal cannabis. While efforts to legalize cannabis have made tremendous progress that the psychedelics space can hope to emulate, these initiatives continue to fall short in the area of retroactive criminal justice–a failing that drug policy advocates now have the opportunity to remedy with broader decriminalization measures.


Across the nation, we’ve seen an exponential expansion in jurisdictions attempting to pass legislation to decriminalize certain drugs–most recently psychedelics. A
recent analysis of US legislation related to psychedelics found that since 2019, 25 states have considered 74 psychedelic reform bills, 10 of which were successfully enacted. By the end of 2022, there were 36 pieces of active psychedelic drug legislative initiatives, and now, a bill to legalize certain naturally occurring psychedelics in California is headed to Governor Newsom’s desk. Today, 23 states and the District of Columbia have fully legalized cannabis, and there are now only four states that have no form of legal cannabis. While efforts to legalize cannabis have made tremendous progress that the psychedelics space can hope to emulate, these initiatives continue to fall short in the area of retroactive criminal justice–a failing that drug policy advocates now have the opportunity to remedy with broader decriminalization measures.



When the first adult-use ballot initiatives passed in states like Colorado and Washington, the political climate dictated that advocates focus on getting bills passed without comprehensive criminal and social justice provisions. Even though these inclusions are now standard practice for omnibus legalization bills, they often fall short. Social equity programs have been rife with problems, and profitable businesses for those most impacted by the War on Drugs have largely failed to materialize.


Similarly, the criminal justice initiatives meant to repair the harms of prohibition have been a mixed bag. Many states have successfully used cannabis legalization as a means to implement broad reforms–including automatically clearing tens of thousands of criminal records and reducing criminal sentences. Legalization initiatives have now become the broadest and best examples of retroactivity, a concept typically absent in our criminal legal system. Generally, when a law changes, that change applies only prospectively. The criminal justice measures tied to the change in the legal status of cannabis, though, have given us a proof of concept for providing retroactive relief for individuals who may have suffered severe criminal consequences for activity that the general public–and our criminal legal system–now deems acceptable.


That’s not to say that legalization has been a silver bullet for implementing retroactive reforms–ten years in, and we are still figuring out best practices for ensuring relief is guaranteed for eligible populations. Take California, where our organization, Last Prisoner Project, has worked to pass clean-up legislation to finally fulfill the original promise of the state’s Prop 64, which created an adult-use market for cannabis and included several  social equity and criminal justice provisions. Despite such language being included in the original bill, there have been significant delays and issues with implementation. Even after the passage of two pieces of follow-on legislation to address the problems with cannabis record clearance in the state, there are still tens of thousands of Californians waiting for relief.


This is not to downplay the potential for impactful reforms tied to legalization measures. While we continue to face obstacles in advancing cannabis justice, we now have the opportunity to look back on the complexities and pitfalls of successfully joining social justice efforts with drug policy reforms and to take these lessons into the next stage of this movement. As more and more states look to decriminalize psychedelics, it will be imperative that we leverage the successful models utilized for cannabis reform early on. 


Unfortunately, like those early cannabis legalization initiatives, the vast majority of psychedelic reform bills, including SB 58 in California, are absent any social or criminal justice reform. In fact, the 2019 iteration of the bill was the only measure to include any criminal justice provisions (the original language would have dismissed and sealed prior drug convictions that would no longer be unlawful) but that language was removed in the senate. The understandable concern from advocates is that a legalization measure that has the potential to create significant progress for drug policy would fail due to these additional criminal justice reform provisions. But excluding these crucial components from these bills is a mistake we do not need to repeat.


The political landscape has changed immensely in the past decade. Along with the acknowledgment of the failures of prohibition and the War on Drugs, our criminal legal landscape is now marked by a broad consensus to end the country’s reliance on over-criminalization and our mass incarceration epidemic. Luckily, the progress we’ve made on the drug policy front can and must be leveraged to make advancements to our criminal legal system. To merely pass decriminalization laws is not enough to undo the injustices of our nation’s failed War on Drugs. We must ensure that retroactive criminal legal reforms are part of psychedelic decriminalization measures. There is a massive opportunity for true criminal justice reform through progressive changes to our criminal codes. 


Let’s not wait another decade to act on it.


About the Author:


Sarah Gersten
is the Executive Director and General Counsel for the Last Prisoner Project. Throughout her career Sarah has worked at the intersection of cannabis legalization and criminal justice reform. After working as an attorney at a congressional agency where she focused on legislative policy, Sarah co-founded a cannabis-centric law firm where she led the firm's pro bono initiative, taking on expungement and record-sealing cases. Sarah went on to co-found and serve as CEO for a legal tech startup that offers affordable legal solutions for small cannabis business owners, as well as free expungement services. Sarah is a member of the International Cannabis Bar Association, the NORML Legal Committee, and the National Lawyers Guild. She received her BA from Tulane University and her JD from Harvard Law School.

By Mary Bailey May 4, 2026
75 Years for Cannabis: The Story of Julian Andrade Julian Andrade is 22 years old. He was born and raised in Fort Worth, Texas, and he has now spent three of those years inside a prison cell, serving a 75-year sentence for a nonviolent cannabis charge. He also received concurrent terms of 50 and 10 years. No one was hurt. No violence was involved. Just a young man from Fort Worth, still maturing, whose life was upended by a system that chose punishment over proportion. Julian is a father. His son was born while he was incarcerated, a milestone he could not share, a childhood he cannot witness in person. His aunt stands firmly by his side, advocating for him and helping make sure his story gets told. Together, they are determined that what happened to Julian will not stay silent. This is his story, in his own words. A Fast Life and Bigger Dreams Before his arrest, Julian was someone who poured his time into the people he loved. "Before incarceration, I would spend any and all time that I could with my family and loved ones," he says. Underneath that, he carried real ambition. His goals were not small. He wanted to open businesses and bring others along with him, to create something and share it. "The path I thought I was on at 19 was a fast life that I did not know how to get out of." It's a sentence worth sitting with. A teenager who wanted to build something, who wanted to lift people up, caught in circumstances he didn't yet have the tools to escape. That kind of nuance rarely makes it into a courtroom. Shock, Confusion, and a Quiet Resolve When the verdict came down, Julian didn't rage. He went quiet. "I was in shock, loss of words, hurt, but mainly confused. I didn't hurt anyone. It was only cannabis." The confusion is understandable. Cannabis is now legal or decriminalized in the majority of U.S. states. The substance at the center of Julian's case is sold openly in dispensaries across the country. And yet, in Texas, a 19-year-old received a sentence longer than most people's entire lives. Julian has refused to let that sentence hollow him out. Since coming to prison, he says he has grown closer to God and encourages others to do the same. He uses the time to mature and to become a better man, not just for the people waiting for him on the outside, but for himself. "Since receiving my time, my perspective has changed completely. I now use this time to mature, grow, and become a better man for my family, friends, and my release, but most importantly myself." A Father Behind Bars Julian's son came into the world while Julian was incarcerated. There was no hospital room, no first cry he could hear, no hand to hold. There is only the wondering. "I miss my son daily. It hurts me knowing I can't help or even watch him grow up. I'm always wondering what he is doing, what kind of kid he is, and what he likes. Hoping one day I can do the same things with him that my grandpa did with me." That last line carries everything. A grandfather's love, passed down through memory, now at risk of being cut off by a sentence for a plant. Julian's son is growing up without his father. Julian is getting older without being able to watch his child grow. "My child means the world to me." The Daily Weight Ask Julian what his hardest challenges are, and his answers are not about prison conditions or legal policy in the abstract. They are deeply personal. "The biggest challenge I face daily is missing home. Hoping I'm free before my grandpa or mom passes. Being able to still be in my child's younger years. And enjoying life in the free world while I'm still young." He is racing against time on every front, against grief, against his son's fleeting childhood, against his own youth passing inside a cell. And yet something keeps him going. "The world is changing. But mainly dreaming about the things I will do and the life I want to live upon my release." He means it literally, too. Julian says he looks forward to pumping gas, walking through a grocery store, and one day helping others who find themselves in situations like his. The smallest freedoms, the ones most people never think about, are the ones he dreams about most. What Julian Wants You to Know If Julian could speak to lawmakers, advocates, and everyday people, he would not ask for sympathy. He would ask for honesty. "I know what I did. I broke the law. But I don't think people like myself or others should be serving long sentences, especially for something nonviolent or accepted in more than half of America and other parts of the world. I was still a kid when I came to prison. I was still growing up and maturing, and still am today. I didn't hurt anyone, never did, and never will. I don't deserve all this time. I understand I and others have broken the law, but we should not be doing more than 5 years for a plant." His aunt echoes that call. She has stood by Julian since the beginning, advocating loudly and consistently, refusing to let the system's silence become the final word on her nephew's life. Her support is a reminder that behind every incarcerated person is a family fighting to bring them home. Julian hopes that one day he will be able to share his testimony from the outside, to stand in front of others who are struggling and tell them there is a way through. That vision is part of what keeps him moving forward. The Door to Clemency Is Almost Sealed Shut Julian would like to pursue a sentence commutation, but Texas makes that road extraordinarily difficult. And even the path to clemency is nearly out of reach. Texas requires a written recommendation from a majority of the current trial officials, the present prosecuting attorney, the judge, and the sheriff or chief of police of the arresting agency from the county and court of offense, conviction, and release, along with full compliance with the board rules governing commutation of sentence, just to be eligible to apply. The very system that locked Julian up is the same one he'd need permission from to get out. His aunt has stood by him every step of the way, fighting to make sure his story is heard. Now we're helping make sure it is. A System Out of Step Julian's case is a stark illustration of how dramatically cannabis sentencing diverges across state lines. In one state, a person can legally purchase the same substance that earned Julian 75 years in Texas. That disparity is not justice. It is geography. Julian did not commit a violent crime. He was a teenager from Fort Worth who made choices in a life he didn't yet know how to navigate. He is now 22, a man and a father, spending what should be some of the freest years of his life behind bars. The question is not whether Julian broke a law. The question is whether this punishment fits any honest definition of justice. We believe it does not. "I hope what happened to me and others like me stops happening." So do we, Julian. Julian Andrade is a constituent represented by the Last Prisoner Project. If his story moved you, please take action. Contact your representatives, support cannabis sentencing reform, and consider donating to Last Prisoner Project so that we can continue to fight for the freedom of cannabis prisoners like Julian.
By Mary Bailey May 4, 2026
Yasquasia Delcarmen is 29 years old. She is a mother, a musician, and an aspiring screenwriter. She was building a life — pursuing a creative career, studying communications and journalism, and raising her infant son — when a federal sentence of 8 years, followed by 3 years of probation, brought everything to a halt. She has now served 16 months. No one was hurt. No violence was involved. Her charges were for cannabis — a plant medicine that brings quality of life to millions of people — now legal or decriminalized across most of the country, yet still capable of costing a young woman nearly a decade of her life and separating a mother from her child. Yasquasia is telling her story because she hopes it will make a difference. She hopes it will matter soon. This is her story, in her own words. A Creative Life, Cut Short Before her arrest, Yasquasia was in motion. She had been pursuing a career as a music artist for years — real opportunities, real momentum — and studying communications and journalism because writing had always been a passion. She describes herself as someone who had talent and possibility right in front of her, but who hadn't yet slowed down enough to fully embrace it. "I had a lot of opportunities to really make something of that. I feel like I just didn't slow down long enough to embrace the talents I had in front of me." She has not let go of those dreams. From inside, she has decided to pick up her writing again and pursue screenwriting. The artist is still very much alive. She is just working under very different circumstances. A Crashing Wave When the sentence came down, Yasquasia nearly collapsed. "Receiving a 96-month sentence hit me like a crashing wave. It was a lot. It devastated my family. A moment I'll never forget. I almost passed out, to be honest." She was remanded into custody the same day. No goodbye on her own terms. No transition. Just a courtroom and then a cell, and a son who was 11 months old waiting on the other side of a door she could no longer open. Sixteen months in, the weight of that sentence hasn't disappeared. But Yasquasia has found a way to carry it. She has realized how important it is to stay uplifted and productive, and she takes it one day at a time. Her perspective has shifted — not because the sentence feels any more just, but because she has chosen, deliberately, not to be hollowed out by it. A Mother Behind Bars If there is one thread that runs through everything Yasquasia shares, it is her son. He was 11 months old when she was taken into custody. He is now two. In the months between, she has missed his first steps, his first Christmas, and his first birthday. "It's tough. But it's important to stay uplifted — so I focus on the positives. He is well taken care of. I have an amazing support system. He's happy, healthy, and safe, and knowing that puts my heart at so much ease." She is clear about accountability. She does not excuse the choices that led her here. She has had to forgive herself — genuinely forgive herself — and make the daily decision to get up and become the best version of herself she can be, so that when she comes home, she can give her son everything he needs and more. "My son definitely means the world to me. I messed up putting myself in this situation to be away from him, but I've had to forgive myself and get up every day to work on being the best version of myself I can be so I can come home to him." Her son is growing up without her there. She is getting older without being able to watch him grow. That is the sentence within the sentence. Just Being Here When asked about her greatest daily challenges, Yasquasia's answer is simple and total: just being here. Being away from home, away from comfort, away from family, away from her own life. What keeps her going is faith and purpose. She describes keeping close to God and locking in on things that contribute to her growth as the fuel that keeps her hopeful. In a system designed to strip agency, she is carving out space for growth every single day. What Yasquasia Wants You to Know If Yasquasia could speak directly to lawmakers, judges, prosecutors, and advocates, she would not ask for pity. She would ask them to think harder about what punishment is actually supposed to accomplish. "It didn't take giving me 96 months for me to understand where I went wrong. Sitting here for years for my first legal mistake is not beneficial to me or my child." She takes full accountability. But she challenges the assumption that years of incarceration are necessary — or effective — to change someone's behavior. What people in the system sometimes need most, she says, is something that is in short supply: empathy. She also speaks to the mechanics of the federal system itself — the way cooperation with prosecutors can dramatically reduce a sentence, while refusing to cooperate means the full weight of the law comes down regardless of the underlying conduct. She finds that dynamic troubling and hard to reconcile with any straightforward idea of justice. "If my crime is bad and you want to punish me for it — unless I give you what you want — is it really that bad? A lot of stuff just doesn't make sense." And then there is the disparity she lives alongside every day: marijuana charges, in a federal facility, serving as much time or more than people convicted of trafficking cocaine or methamphetamine — and when she does get out, three more years of probation will follow. Cannabis is now legal or decriminalized in the majority of U.S. states. The substance at the center of Yasquasia's case is sold openly in dispensaries across the country. And yet, in the federal system, she is doing eight years for it, with years of supervised release still ahead. "I can only hope and pray that things change — and soon." A System Out of Step Yasquasia's case reflects a broader reality: federal cannabis sentencing has not kept pace with the dramatic shift in how this country views and treats marijuana. In one state, a person can walk into a store and legally purchase the same substance that cost Yasquasia eight years of her life and her son's earliest years without his mother. That is not justice. It is geography. Yasquasia did not commit a violent crime. She was a young mother and creative woman who made a mistake in circumstances she was still navigating. She is now 16 months into an 8-year sentence, with 3 years of probation to follow, watching her son grow up through a distance no family should have to endure. The question is not whether Yasquasia broke a law. The question is whether this punishment fits any honest definition of justice. We believe it does not. "I hope what I'm going through, and what others like me are going through, stops happening." Last Prisoner Project is working to match Yasquasia with a pro bono attorney to file her clemency petition. She is also enrolled in our letter-writing program — because no one fighting this hard should feel forgotten. Call To Action Please consider sending Yasquasia a letter of solidarity and to remind her she hasn’t been forgotten. You can write to her directly or send your letter through the Last Prisoner Project website, and we will print and mail it on your behalf. Write to her directly: Yasquasia Delcarmen # 09823-511 FPC Alderson GLEN RAY RD. BOX A ALDERSON, WV 24910 Or send a letter through our website : https://www.lastprisonerproject.org/letter-writing Let her know she has not been forgotten. Yasquasia's story is one of thousands. The Last Prisoner Project's pro bono attorney matching, clemency advocacy, and letter writing programs exist because of donors like you. These programs are the difference between someone like Yasquasia having a fighting chance at freedom — and being left behind. If her story moved you, please consider making a donation to Last Prisoner Project today at lastprisonerproject.org/individuals. Your support keeps these programs alive and ensures that no cannabis prisoner has to fight alone.
By Stephanie Shepard November 25, 2025
Michael Masecchia spent decades shaping young lives as a beloved teacher and coach in Buffalo. Baseball, football, softball, and more, he dedicated himself to mentorship and community. But in 2019, his life was upended in an instant. A federal raid for cannabis, a swarm of law enforcement, and a harsh sentence threatened not just his freedom, but the very identity he had built. This is the story of how Michael survived the injustice, found purpose behind bars, and ultimately returned home, a story of resilience, redemption, and the transformative power of advocacy.