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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Finalized data from the California Department of Tax and Fee Administration shows that California cannabis sales declined in 2022. The decrease in sales is the first dip since adult-use sales began in 2018.

In 2021, the state collected $5.77 billion in adult-use cannabis sales, but 2022 numbers reflect only $5.3 billion for the past year—an $8.2% decrease. According to coverage by Forbes, many believe that expensive taxes and not enough dispensaries have contributed to this decline.

Cannabis cultivators in California have been trying to tell legislators about the issue. “Most of us farmers have been trying to tell the state [regulators] that the marketplace is imploding,” Johnny Casali, founder of Huckleberry Hill Farms, told Forbes. “The drop in retail sales means the customer is tired of paying the exorbitant taxes and are now buying it from a friend of a friend or the guy on the corner.” Casali explained how all of his product was sold in 2022, but he still experienced a loss of $50,000.

This loss is likely due to the decreased price per pound of cannabis statewide. American financial services firm Cantor Fitzgerald cites the wholesale price of cannabis at $665 a pound, which is a 26% decrease year over year. According to New Leaf Data Services, wholesale cannabis prices have dropped more than 50% between 2017 and 2022.

California has more than 800 licensed cannabis dispensaries, and cultivators grow more than can be purchased. Casali hopes that the situation will improve. “We are already getting orders for this season,” Casali said. “But without federal legalization, I don’t know how we fix our supply-and-demand problem.”

Cantor Fitzgerald analyst Pablo Zuanic states that there was a boost in California revenue gain due to increased sales during the pandemic, between 2020-2021. Zuanic believes that a return to more normal sales, on top of current inflation, is also contributing to the sales decline. He did state his belief that 2023 will be a year that California’s cannabis industry will bounce back though, comparing the 8% decrease in 2022 with the 68% increase in 2020.

Glass House Brands founder Graham Farrar told Forbes that he believes that Californians didn’t smoke less in 2022, but that the black market is just outselling legal flower. “Nobody prefers bathtub gin, right? You only drink bathtub gin if legal gin costs twice as much,” Farrar said. “If we could bring taxes on the consumer down, I think you’ll see more people in the legal market. And I think you’d actually collect more tax revenue.”

The overall decline of cannabis sales in general has pushed some cannabis brands to leave California. Garcia Hand Picked recently announced its departure from California. “We’re taking a pause in California,” said the brand’s parent company, Holistic Industries. “We want to ensure CA consumers have the highest quality flower for the long term, so we are in the process of choosing a new local partner for cultivation, production, sales, and distribution of Garcia Hand Picked in CA.”

Some regions are trying to help cannabis cultivators, such as Sonoma County, which recently eased tax burdens for some growers based on their operating size. Most recently, a California grant of $20 million has been earmarked to “provide local jurisdictions with resources to expand access to regulated cannabis products to underserved areas.”

In mid-February, the last Californian federal prisoner who was imprisoned for cannabis was finally released. After spending 15 years in prison, Luke Scarmazzo was released with the help of The Weldon Project. “The feeling is surreal. We’ve worked toward this day for so long,” Scarmazzo wrote on Facebook. “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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California cannabis prisoner Luke Scarmazzo was freed from prison on Feb. 3, with help from Mission Green, a campaign led by The Weldon Project. “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.”

Scarmazzo owned a Modesto-based dispensary, called the California Healthcare Collective (CHC), with Ricardo Montes in 2004. In September 2006, the Drug Enforcement Administration (DEA) raided CHC and Scarmazzo and Montes, who were 26 at the time, were found guilty in 2008. Ultimately Scarmazzo was sentenced to 21 years and 10 months, and Montes was sentenced to 20 years. Montes was later pardoned by former President Barack Obama in 2017, but Scarmazzo remained in prison.

Scarmazzo petitioned for release in January 2021, but was denied. On Facebook, he shared the details of his life in prison after the denial. “I have been in this quarantine unit in a federal penitentiary at Yazoo City, Mississippi for 91 days. When I arrived here prison officials lied and told me I’d only be here the standard 14 days. This, despite me being ‘COVID recovered’ in September 2020, with at least a temporary acquired natural immunity,” Scarmazzo wrote. “I’m locked into my cell 24 hours a day, 7 days a week. Out of 168 hour week, I’m allowed out of my cell for 3 hours to take a shower and use the phone; the other 165 I’m in a concrete box. I haven’t felt the warm sun or inhaled a breath of fresh air in over 3 months. I’m fed enough to be kept alive and confined in frigid temperatures. And these are just a few of the blatant constitutional and human rights violations that I endure daily without just cause.”

During his sentence, Scarmazzo met Weldon Angelos, an inmate who was sentenced to 55 years in prison for a cannabis conviction. The two spent seven years in prison together, but eventually in 2016 Angelos was released after having served for 13 years, and received a full pardoned in December 2020. After being released, Angelos founded The Weldon Project and has continued to advocate for the release of other prisoners who are still serving time for cannabis convictions.

“Happy to announce that Luke is being released today! The judge granted compassionate release based on policy changes at the federal!” Angelos shared on Twitter the day that Scarmazzo was released.

Judge Dale Drozd issued a compassionate release order based on his case. “Defendant Scarmazzo is certainly correct when he argues that there have been ‘dramatic changes in the legal landscape concerning the sale and use of marijuana’ over the 15 years since he was sentenced, including ‘changes in [state] marijuana laws, Congress’s perspective, public sentiment, the Justice Department’s enforcement policies, and…case law.’ This is particularly true in California where [the] defendant was operating his marijuana dispensary,” Drozd wrote. “While federal law remains unchanged—still making the possession, cultivation and distribution of marijuana unlawful and subject to criminal penalties—federal prosecutions for marijuana-related offenses have been curbed significantly, particularly in states like California that have legalized those activities with some restrictions. In the undersigned’s experience, for the most part federal prosecution of marijuana offenses in California is now limited to those offenders engaged in large, unauthorized cultivation sites located on federal lands.”

Like Angelos, Scarmazzo has pledged to help others like himself be freed from prison for cannabis convictions. In October 2022, the U.S. Sentencing Commission estimated that more than 6,577 people who receive pardons from the Biden administration after President Joe Biden announced pardons for simple cannabis possession. California Gov. Gavin Newsom announced 10 pardons in December 2022, with at least two of those prisoners having cannabis convictions. Pennsylvania Gov. Tom Wolf also recently pardoned 2,500 people in January 2023, 400 of which were convicted of nonviolent cannabis offenses.

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