Last Prisoner Project highlighted some startling realities despite recent promises and movement at the federal level to loosen laws around the prohibition of cannabis. 

One year after President Joe Biden pledged to expunge certain low-level cannabis convictions, Last Prisoner Project released its State of Cannabis Justice Report last week. While promises have been made, has anyone actually been released from prison?

On Oct. 6, 2022, Biden announced historic steps to advance the end of cannabis prohibition in the country by pardoning over 6,500 individuals for low-level cannabis offenses. And while it was a baby step in the right direction—”no one was actually released from prison,” Last Prisoner Project announced.

In addition, President Biden initiated a scheduling review of cannabis to lower it from Schedule I to Schedule III. But unless cannabis is fully descheduled, it would also not free any of the approximately 3,000 people who are still incarcerated at the federal level for cannabis.

“Justice is not achieved through mere legalization alone but by undoing the harms caused by cannabis prohibition,” the report announcement reads. “Twenty-four states have enacted cannabis-specific record clearance laws, and ten states have enacted cannabis-specific resentencing laws. Our report allows the public to compare, contrast, and learn more about each state’s effort to ameliorate the consequences of cannabis conviction.”

While a year has passed since Biden’s pledge, few things have changed for cannabis laws in the U.S.

“As we mark the first anniversary of President Biden’s cannabis proclamation, Last Prisoner Project reaffirms its dedication to the pursuit of justice, equity, and compassion,” the announcement continues.” We remain committed to dismantling the harmful legacy of the War on Drugs and ensuring that those affected by cannabis prohibition are not forgotten.”

What You Can Do

There are several ways LPP provides volunteers with tools to take action with small but effective deeds that can change the life for individuals impacted by the drug war.

Most people incarcerated for cannabis are convicted at the state level, it turns out. That’s why LPP wants volunteers to send thousands of letters from the public urging their governors to grant cannabis clemency through our Pardons to Progress campaign. 

LPP is also uplifting the voices of specific people who are harmed by cannabis criminalization through their Pen to Right History campaign. This includes people like Richeda Ashmeade, whose father is serving a 22-year sentence for cannabis. LPP commends the steps taken by President Biden so far, but they also want to urge the President to “right history by granting broad cannabis clemency–which he could achieve with the stroke of a pen.”

LPP focuses on three key criminal justice reform initiatives: prisoner release, cannabis record clearance, and reentry support. 

Arrests Continue

Mutulu Olugbala, aka M-1, of dead prez, was appointed to LPP’s Board of Directors, and performed in collaboration with LPP last March. 

He pointed out that people need to see the bigger picture. “It’s plain to see that the U.S. agenda of mass incarceration is still their priority,” M-1 told High Times last June. “This is glaring due to the changed public perception and recent decriminalization of cannabis. These contradictions expose the depth of injustice in this country as the undeniable power of plant medicine continues to grow.”

According to the FBI’s Crime Data Explorer, state and local law enforcement agencies reported 170,856 arrests for cannabis possession in 2021, slightly down from over 226,000 in 2020. 

There are many examples of lives that have been ruined by the federal prohibition of cannabis, but some progress has been made.Some progress has been made.. Richard DeLisi served 32 years of a 99-year sentence for a nonviolent crime. He was released from prison on Dec. 8, 2020. But during his time in prison, DeLisi’s wife and other family members passed away. His daughter was paralyzed, and he missed many memories. At age 71, he was released from prison in Florida, making him the longest-serving, nonviolent cannabis prisoner in the U.S. People like DeLisi deserve to have an early hand in legal cannabis, probably more than anyone.

Another example is California cannabis prisoner Luke Scarmazzo was freed from prison on Feb. 3. “Today, after serving nearly 15 years in prison for operating a cannabis dispensary, I was granted my freedom,” Scarmazzo wrote on his Facebook page. “The feeling is surreal. We’ve worked toward this day for so long. This was a huge victory for my family, friends, community and the entire cannabis movement. I’ll take a moment to enjoy this, but make no mistake, there’s still much work to be done—my people need to be free—and that hard work begins now.

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Hip hop icons Redman and M1 of Dead Prez will join cannabis activists in Washington, D.C. on Monday to protest the Biden administration’s failure to release people imprisoned on federal marijuana convictions. The rally, which is being billed as an act of civil disobedience, will bring together cannabis policy reform groups including Students for Sensible Drug Policy, D.C. Marijuana Justice, the Last Prisoner Project and Maryland Marijuana Justice as members protest in front of the White House on October 24.

Steve DeAngelo, a cannabis policy reform leader and co-founder of the Last Prisoner Project, said that he has helped organize Monday’s demonstration to bring attention to the plight of those imprisoned on nonviolent marijuana charges, often for decades. Activists hope the protest will spur the White House to take action on cannabis clemency before the November general election.

“As the nation heads into the midterms, I am calling for one simple thing— that President Biden keep the promise he made during the last election cycle, to release those people still serving prison sentences for cannabis convictions,” DeAngelo wrote in an email to High Times. “As the White House itself has admitted, the recently announced pardons will not free one single person.”

On October 6, President Joseph Biden announced that he had issued an executive order pardoning all people who have been convicted on federal charges of simple marijuana possession. An analysis of Biden’s executive order conducted by the New York Times estimated that the pardons will apply to about 6,500 people convicted of federal weed possession charges between 1992 and 2021 and thousands more with similar convictions in Washington, D.C. But the action provides no relief for cannabis prisoners currently behind bars, most on marijuana distribution and related charges. 

“At a minimum, if President Biden really wants the support of cannabis voters, as a show of good faith, he should immediately release at least 100 of the 2800 federal prisoners currently serving time on non-violent cannabis charges,” DeAngelo said. “If President Biden refuses to act, I will gather at the White House on October 24 along with hip hop legends M1 and Redman, and hundreds of other cannabis activists, to hold the President’s feet to the fire.”

M1 said, “I decided to participate in this action because of the inaction of this government to step on the right side of his/herstory. My cannabis community deserves freedom and justice. And with my cultural activist comrades, we will keep our finger on the pulse of the People. Free ‘em ALL!”

Biden Administration Exploring Rescheduling Cannabis

Biden’s announcement earlier this month also included a call for governors to take similar action on cannabis clemency at the state level. The president also directed Secretary of the Department of Health and Human Services Xavier Becerra and Attorney General Merrick B. Garland to review cannabis’ status as a Schedule 1 drug. Despite the historic nature of Biden’s pardons, activists argue that the president did not go far enough.

“I’m outraged that the President would make an executive action on cannabis but release zero of our incarcerated friends and family,” Kat Ebert, board chair of Students for Sensible Drug Policy, said in a statement from the group. “He’s forcing us to raise our voices to be heard in order for the wider public to understand cannabis prisoners are still not free. On October 24th we plan to make it clear to the Democratic leadership that we won’t accept mostly symbolic actions. We demand clemency for all cannabis prisoners.”

DeAngelo is the co-founder of the Last Prisoner Project, a group working to free those imprisoned on cannabis charges. In addition to the activist groups involved, formerly incarcerated individuals and local cannabis freedom fighters will also take part in the protest.

“If President Biden truly wants to repair the harms of our nation’s unjust policy of prohibition, this initial progress must be followed up with bolder action—action that would actually lead to freedom for cannabis prisoners,” said Sarah Gersten, LPP executive director and general counsel.

Monday’s demonstration is scheduled to begin at 10 a.m. local time at the gates of the White House, with Redman and M1 slated to appear to join the call for cannabis clemency. The crowd will gather at the Andrew Jackson statue in Lafayette Square before engaging in expected civil disobedience nearby, with the goal of drawing attention to the lack of people released from federal prison as a result of Biden’s executive order.

“DCMJ is joining protests to free all cannabis prisoners because we’ve simply waited too long,” said Adam Eidinger, co-founder of D.C. Marijuana Justice, a group that has spearheaded cannabis policy reform efforts in the nation’s capital. “We are excited that students are leading this effort to make tangible gains on freeing cannabis prisoners whose continued confinement is immoral and unjustified.”

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