True Justice Will Require Bolder Clemency Action from President Biden

Sarah Gersten and Lisa Monet Wayne • June 1, 2023

As Second Chance Month came to a close, President Biden announced he was commuting the sentences of thirty-one people on home confinement after being convicted of various federal drug offenses. This announcement coincided with the administration’s release of an Alternatives, Rehabilitation, and Reentry Strategic Plan aimed at reducing recidivism by helping the formerly incarcerated access health care, housing, education, employment, and more. 


The administration has indicated that these clemency grants, especially when considered in conjunction with the
6,500 pardons issued to people with federal marijuana offenses last October, are a testament to the President’s commitment to criminal justice reform. While this is certainly progress, the Biden Administration could and should be much bolder in leveraging the President’s clemency power to shore up his commitment to advancing substantive criminal justice reforms. 


The framers conceived of the clemency power as a mechanism for addressing injustices and systemic shortcomings in America’s criminal justice system, and were hopeful future presidents would use it to intervene when the country’s legal system failed to deliver a morally tenable result. And for centuries, that’s exactly what happened. For most of modern American history, presidents from Jackson to Carter were unstinting in their use of their clemency power. They understood their actions not only as a way to remedy overly harsh sentences, but also to help restore public faith in the justice system.
These clemency grants were issued at a steady cadence and often bestowed upon individuals whose punishments were considered by the American public to be disproportionate to the gravity of the crime. 


Unfortunately, the use of clemency
has been severely diminished over the past few decades. This dramatic change came as a rash of “tough-on-crime” politicians and policies ascended into higher office in the 1980s, and resulted in a precipitous drop in the number of pardons and commutations presidents were willing to issue. 


While the President’s recent issuance of pardons to those with marijuana possession records is a welcome move,
it’s important to note that it didn’t result in a single individual being released from prison. It also doesn’t indicate a return to a more traditional and expansive use of the presidential clemency power. As President Biden considers using this tool again before the next election, he should recognize his clemency power has the potential to effectuate much more meaningful reform than it has during the first half of his term. For example, President Biden could use his clemency power to release the nearly 3,000 people serving time in federal prison for marijuana offenses (despite the fact that the majority of Americans live in a jurisdiction where they can legally obtain state-regulated cannabis products). 


Bold action like this would of course bring welcome relief to this deserving class of people. But the benefits of a clemency grant like this would extend beyond the immediate release of incarcerated individuals. As the Framers often made clear, clemency can also serve as a powerful symbol of the values that we hold as a society. A “categorical cannabis commutation” would serve as an acknowledgment of the systemic injustices that have plagued our nation, and help increase Americans’ waning confidence in a criminal justice system that puts certain (disproportionately Black, brown, and low-income) people in jail for cannabis at the very same time it allows others (disproportionately white, wealthy and well-connected) to legally profit from its sale. 


Releasing those incarcerated for federal marijuana offenses would be a testament to President Biden’s commitment to a fair and equitable society, and would help to address the racial disparities that have characterized our criminal justice system for far too long. By using his clemency power in this way, President Biden will demonstrate a commitment to justice and bring us closer to a society that lives up to our shared values. 


BIOGRAPHIES:


Sarah Gersten
is the Executive Director and General Counsel for the Last Prisoner Project. Along with leading the organization's direct legal service programs, Sarah also works to ensure that LPP centers a model of innovative solutions for systems change that prioritizes the voices and perspectives of impacted individuals. 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 National 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.


Lisa Monet Wayne
has been an attorney in private practice in both state and federal courts around the country. She represents individuals and corporations in both the investigation phase and criminally accused capacity. Previously, Wayne was a Colorado State Public Defender for 13 years where she served as office head, training director, and senior trial attorney. She lectures nationally with NACDL, National Criminal Defense College, National Institute of Trial Advocates, American Bar Association, Federal Defender Training Services, State Bar Associations, numerous Federal and State Public Defender Organizations, and many other organizations. Wayne has served as an adjunct law professor at the University of Colorado where she taught trial advocacy for 22 years, she serves on faculty at the Trial Practice Institute at Harvard Law School, The National Criminal Defense College, and Cardoza Law School. Ms. Wayne is an advocate in all venues of the media addressing important issues confronting the criminally accused. She is a legal analyst for numerous media outlets including, ABC, CBS, CNN, Al Jazeera, and World Radio regarding high-profile cases and legal issues around the country.  She is frequently quoted in print media such as the Wall Street Journal, The Guardian, New York Times, Washington Post, Detroit Free Press, and the AP wire. Ms. Wayne testified before the United States Sentencing Commission in 2012 against the implementation of the Federal Sentencing Guidelines as mandatory.  In 2005, Wayne was honored with the Robert J. Heeney Award, NACDL’s most prestigious recognition. Wayne is the Past President of NACDL, Past President of the National Foundation of Criminal Justice, and serves on numerous committees around criminal justice issues. Wayne is a member of the Colorado Supreme Court Standing Committee on Ethics. She is also a member of The Colorado Sentencing Reform Task Force. Wayne is a law graduate of Pepperdine University Law School and an undergraduate degree in Psychology from the University of Colorado. 


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
By Stephen Post April 22, 2025
At the Last Prisoner Project (LPP), we know that true justice means more than legalization—it means clearing the records of those who were criminalized under outdated cannabis laws. Today, we celebrate a major step forward in that fight for justice as Governor Wes Moore signs SB 432, the Expungement Reform Act of 2025 , into law. In Maryland, where Governor Wes Moore made history last year by issuing the nation’s most sweeping cannabis pardon order, we are now happy to see this next step in reform. A criminal record—whether for a conviction or even just an arrest—can create lasting obstacles to employment, housing, education, and other opportunities. The impact is not just personal; according to research from the Center for Economic and Policy Research, the U.S. economy loses between $78 and $87 billion annually due to employment barriers faced by people with criminal records. These collateral consequences compound the injustices of the War on Drugs and disproportionately affect communities already marginalized by systemic inequities. SB 432 simplifies the expungement process, removing unnecessary bureaucratic hurdles and making it easier for individuals to clear their records. The bill will help thousands of Marylanders—many of whom have already served their sentences—access new opportunities and contribute fully to their communities. “People in Maryland were living with the unconscionable reality that any probation violation, from a missed appointment to even decades-old possession of small amounts of now legal cannabis, categorically barred them from ever expunging their record,” said Heather Warnken, Executive Director of the Center for Criminal Justice Reform at the University of Baltimore School of Law . “The Expungement Reform Act has addressed this and more, removing barriers to opportunity for thousands held back by their past record. Like Governor Moore’s historic mass pardon, this victory is the product of true partnership, and an incredible step forward for our state.” SB 432 builds on the momentum of Governor Moore’s bold action in 2024, when he issued the largest cannabis pardon order in U.S. history, granting relief to over 175,000 Marylanders with low-level cannabis convictions . However, as we have long emphasized, a pardon—while powerful—does not automatically clear someone’s record. Until now, many of those same individuals still had to navigate a complicated, costly, and often inaccessible process to obtain full relief. Now, thanks to the passage of SB 432, that process will become significantly more accessible—and, in key cases, automatic. This is a vital step toward making sure the promise of cannabis reform includes real, tangible outcomes for those most affected by prohibition. “At Last Prisoner Project, our mission is to secure freedom and rebuild the lives of those disproportionately impacted by the War on Drugs,” said Liz Budnitz, Lead Counsel of the Cannabis Justice Initiative at Last Prisoner Project , who was present at the signing ceremony. “SB 432 embodies the idea that legalization must come with justice and repair for those who paid the price for misguided drug policies. We are proud to support reforms like this bill and look forward to continuing to advocate for policies that prioritize the full reintegration of justice-impacted individuals.” Adrian Rocha, LPP’s Policy Director and a member of Governor Moore’s expungement roundtable , added, "Last Prisoner Project commends Governor Wes Moore for signing SB 432, the Expungement Reform Act of 2025, into law. By creating a more efficient and accessible pathway for individuals to expunge cannabis-related convictions and seek post-conviction relief, this bill is a crucial step in addressing the harms caused by decades of cannabis criminalization in Maryland. We are thrilled that more Marylanders will now be able to move forward with their lives, access new opportunities, and contribute fully to their communities.” Maryland now joins 12 other states that have implemented state-initiated expungement for certain offenses, recognizing that individuals should not be required to navigate complex legal systems to obtain relief they are already entitled to. This victory represents not just a legislative achievement, but a powerful moment of healing and restoration. We thank Governor Moore, the Maryland General Assembly, and all our partners and advocates who helped make this bill a reality. But our work is far from over. Cannabis justice means full, automatic relief—not just in Maryland, but across the country. And at the Last Prisoner Project, we’re committed to making that vision real. Watch the full bill signing below and read past coverage here .
By Stephen Post April 18, 2025
Proposed Legislation Marks a Critical Step Toward Ending Criminalization and Repairing Harms from the War on Drugs Washington, D.C. – Today, the Last Prisoner Project released a statement applauding the introduction of two bipartisan bills aimed at ending federal cannabis prohibition and preparing for a post-prohibition regulatory framework. Reps. Dave Joyce (R-OH), Max Miller (R-OH) and Dina Titus (D-NV) announced on Thursday that they’ve filed the Strengthening the Tenth Amendment Through Entrusting States (STATES) 2.0 Act. This bill would end federal marijuana prohibition in states that have legalized it, while providing for a basic federal regulatory framework for cannabis products. Rep. Dave Joyce (R-OH) also introduced the Preparing Regulators Effectively for a Post-Prohibition Adult-Use Regulated Environment Act (PREPARE) Act , which is being sponsored by House Minority Leader Hakeem Jeffries (D-NY). This bill would direct the attorney general to create a commission charged with making recommendations on a regulatory system for cannabis that models what’s currently in place for alcohol. “These bipartisan bills are a critical step forward toward ending the federal government’s failed war on cannabis,” said Stephen Post, Strategic Communications Manager at the Last Prisoner Project . “By respecting the will of states, addressing regulatory uncertainty, and acknowledging the urgent need for reform, this legislation lays the groundwork for a smarter, fairer approach to cannabis policy. Going forward, we also urge lawmakers to ensure that federal cannabis legislation also include robust provisions for sentence modification, automatic record clearance and retroactive relief. Otherwise, we risk building this industry on the backs of those still suffering the consequences of outdated, unjust laws.” The Last Prisoner Project urges lawmakers on both sides of the aisle to support these measures and continue working toward a more just and equitable post-prohibition future. The Cannabis Unity Coalition, the largest bipartisan coalition of cannabis advocacy, industry, and grassroots organizations, is mobilizing for the Cannabis Unity Week of Action, taking place April 29th - May 1st, 2025, in Washington, D.C. This multi-day event will unite advocates, impacted individuals, and industry leaders to pressure Congress and the Trump administration to fully legalize cannabis and implement retroactive relief measures for those affected by prohibition-era policies. Click here to learn more .