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 Stephen Post June 13, 2025
As families across the country come together this Father’s Day, thousands of children are spending the day without their dads—not because of violence or harm, but because their fathers remain locked away for cannabis-related convictions. In many cases, these men are serving long sentences for conduct that is now legal in much of the United States. Despite cannabis being decriminalized or fully legalized in the majority of states, the human cost of prohibition continues to devastate families—especially those in historically marginalized communities. These are fathers raising their children through prison phone calls and video visits, relying on letters and photographs to stay connected while missing birthdays, report cards, and everyday moments. Behind every sentence is a story. And behind every prison wall is a child wondering why their dad can’t come home. Daniel Longoria is one of those fathers. A U.S.-born, Hispanic man serving a 30-year sentence for a nonviolent cannabis offense, Daniel has not seen or held his children in years. The pain of distance, separation, and injustice weighs heavily on him. He shared the following: “When a Dad has not seen his kids, held his kids and who's son no longer speaks to him because I am over 1,000 miles away from home without a good cause puts such a heaviness in my heart that if I did not have God to turn to, I might have probably already ended my life. My son has now been diagnosed with Mental Behavior Disorder and has attempted suicide three different times. These things as a Father kill me inside because I was a great Dad and my kids loved me, and so Father’s Day is really hard to celebrate anymore. How can I celebrate this day, when I know my kids are struggling out there because of a plant that many states are now making millions, if not billions, of dollars off of it? I have also become a grandfather of two and have yet to meet them. I keep the faith and remain strong in the Lord. One day, I pray to be home and this nightmare be over.” Daniel’s experience is not an isolated one. At Last Prisoner Project, we work with dozens of fathers currently incarcerated for cannabis convictions—men who are missing milestones, parenting through prison walls, and holding on to hope for freedom. These dads include: Terrence Pittman – Father of five, serving a 30-year sentence Rollie Lamar – Father of six, serving an 18-year sentence Antoine Turner – Father of three, serving a 13-year sentence Malik Martin – Father of six, serving a 10-year sentence J’lyne Caldwell – Father of four, serving a 5-year sentence Vinh Nguyen – Father of two, serving a 6-year sentence Rendy Le – Father of two, serving a 5.5-year sentence Sean Scott – Father of one, serving a 5-year sentence Sean Scott’s story is particularly heartbreaking. A former Division I football player and successful real estate entrepreneur, Sean is serving over half a decade for a nonviolent marijuana offense involving nine kilograms and a legally owned firearm. While he remains proud of his past and hopeful for the future, he’s devastated to be missing out on his two-year-old son’s life. “This is my third time away,” Sean said. “And it’s extremely difficult to just watch my son grow and miss another holiday with him.” His fiancée is raising their son alone while also caring for Sean’s elderly mother. Sean is one of many fathers who should be home—not behind bars for something legal in so many parts of the country. Then there’s Rendy Le, a father of two, who reminds us what’s at stake. “You can always make money—but you can’t always make memories,” he said. “Cherish the good times.” It’s a sentiment echoed by every man we work with: time is the most precious thing they’re losing. Despite all this injustice, we also see the other side—stories of reunion, resilience, and redemption. Bryan Reid is one such example. After serving six years of a 12-year cannabis sentence, Bryan is now home and rebuilding his life with his children. “When I went in, my son was just one and my daughter was three,” Bryan told us. “I missed every first and last day of school. But now? Now I’m their sports dad, Santa, and biggest fan.” In the 15 months since his release, Bryan has made new memories—picking his kids up from school for the first time, visiting trampoline parks, and watching his oldest daughters graduate college. “Watching them grow into strong, independent women and seeing how hard they’ve worked for everything they have is nothing short of incredible,” he said. “It was an honor to stand beside them.” Bryan’s return to fatherhood, though hard-earned, is a reminder of why we fight. No one should be separated from their children over cannabis. No child should grow up wondering why their father is in prison for something now sold legally in dispensaries across the country. This Father’s Day, let’s do more than celebrate. Let’s commit to changing the laws, freeing the fathers, and reuniting families. Join us in advocating for clemency, resentencing, and restorative justice—for Daniel, Sean, Rendy, and the thousands of others still waiting to come home. Want to help this Father’s Day? Share their stories and donate to support our work! Bryan Reid Enjoying Freedom
June 12, 2025
Wednesday, October 15 at Sony Hall in New York City Notable Guests Include Carmelo Anthony, Calvin “Megatron” Johnson, Dr. Wendy & Eddie Osefo, Fab 5 Freddy, Keith Shocklee and Studdah Man of Public Enemy, and Guy Torry with a Performance by Joy Oladokun PURCHASE TICKETS & MORE INFORMATION
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.