We have a big problem in the US. Our federal, state, and local corrections systems have record numbers of people filling their cells and holding rooms.

Yet, despite the legalization and/or decriminalization of various forms of cannabis, there are legions of people still sitting in jail for cannabis-related drug offenses that are no longer crimes.

In this post, we take a look at:

Last Prisoner Project Informational Video - LLP will not stop and will not rest their criminal justice reform efforts until the last cannabis prisoner is set free.

The Cannabis Incarceration Crisis

Let’s get a little background and context first. You’ll see the evolution of the cannabis incarceration problem as it reaches its fever pitch.

Evolving & Varying Cannabis Legality

Cannabis comes in two main varieties: marijuana and hemp. Marijuana is the one that's usually heavy on THC and known for its psychedelic effects. Hemp, which is high in CBD, is typically used to make CBD oil products and will not get you high.

At the federal level, hemp and its derivatives are legal so long as they contain no more than 0.3% THC. Marijuana, on the other hand, is classified as a Schedule I controlled substance under the Controlled Substances Act.

Legality of marijuana and hemp-CBD at the state level is an ever-changing patchwork of laws. All states allow for federally-legal CBD, though some have significant restrictions on possession and use. 38 states permit some version of medical marijuana and 19 have legalized recreational marijuana.(1)

The War on Drugs

Classification as a Schedule I drug means that the government deems it to have a high potential for abuse and no currently accepted medical use. So, in 1971, the Nixon administration declared a “war on drugs” in response to concerns about drug abuse and addiction. (The War on Drugs was a detrimental movement, a war on human rights and science that started as far back as the late 1930's with Harry Anslinger's, "I want to be top cop, so I need an issue," (Reefer Madness period) and resurged in the early 1970s with Nixon's, "We can use this against the antiwar vote.")

Over the next three decades, the War on Drugs resulted in increased arrests, incarceration, and spending on law enforcement. In 2013, President Obama issued a memo urging federal prosecutors to avoid charging low-level drug offenders with offenses that could lead to lengthy prison sentences.

However, many aspects of the War on Drugs remain in place today. For example, marijuana is still classified as a Schedule I controlled substance and possession of even small amounts can lead to arrest and imprisonment.

The Prison Industrial Complex, Incarceration for Cannabis & Racial Disparities

The US has far more people passing through (and staying in) the correctional system than any other nation.(2) The reasons for this are complex and many.

A huge number of inmates are incarcerated for nonviolent offenses, with drug crimes accounting for the majority of arrests and convictions.(3) Despite being a minor offense compared to other criminal offenses (and arrests being down in recent years), cannabis-related drug arrests are consistently one of the most common reasons why people land in prison.(4)

According to a 2020 report by the ACLU, there are “extreme racial disparities in marijuana arrests.”(5) It is a problem, both historical and ongoing, even in states where cannabis is legal or decriminalized. They found that, nationwide, Black people are more than 3.5 times as likely to be arrested than white people with similar usage rates.(6)

Thousands of Cannabis Prisoners

As mentioned, laws change over time.

A meaningful portion of inmates were arrested, convicted, and continue to serve sentences for cannabis-related offenses that are no longer crimes. Even if they get released from jail, many are forced to continue living with the stigma and other burdens of having a criminal record. These individuals violated laws that have been reversed, removed, or replaced — the same actions today wouldn’t result in any legal repercussions.

These folks are often referred to as “cannabis prisoners” (or “marijuana prisoners”).

The Last Prisoner Project, Championing Cannabis Legal Reform

Thankfully, where there are problems, there are also people working hard to create solutions — like the Last Prisoner Project. They say it best, so here’s how LPP describes itself and its raison d'être:

The Last Prisoner Project (LPP) is a national, nonpartisan non-profit organization dedicated to cannabis criminal justice reform. We aim to end America’s policy of cannabis criminalization, as well as to repair the harms of this discriminatory and counterproductive crusade. We redress the past and continuing harms of these unjust laws through legal intervention, direct constituent support, advocacy campaigns, and policy change.

LPP Advocacy & Activism

LPP estimates that there are at least 40,000 people incarcerated for cannabis in the US.(7) You can imagine that the number of cannabis prisoners is much greater.

Given this, and knowing the life-long hardships that come with a criminal record, the Last Prisoner Project is committed to helping people who are negatively affected by unjust cannabis laws and policies. They take a three-pronged approach to this:

This trio of strategies not only chips away at the cannabis prisoner problem, it also helps address the overall incarceration situation in the US and the racial disparities woven throughout.

(Photo credit: Honeysuckle Magazine)

Michael Thompson freed after 25 years in prison in Jackson Michigan for convictions stemming from a marijuana sale. Michael has joined in LPP's advocacy for criminal justice reform.

Ways You Can Help

There are countless opportunities to get involved in cannabis-related social justice efforts. You can show your support for cannabis criminal justice reform by:

Get creative! The more we do to further this cause, the more mainstream cannabis becomes and the more pressure there is on the powers that be to implement positive changes.

From Cannabis Incarceration to Cannabis Intervention

A staggering number of people are incarcerated for cannabis-related offenses. Many of these infractions are no longer crimes.

Still, many individuals convicted under these now-defunct laws continue serving time and/or facing post-incarceration challenges due to a criminal history. And alarming racial disparities make it much worse for Blacks and other minorities.

The Last Prisoner Project is passionately devoted to cannabis criminal justice reform. It works tirelessly to help free cannabis prisoners — both from the confines of a cinderblock cell and the burdens of a criminal record.

DONATE TO LAST PRISONER PROJECT

FAQs Buzzin’ Through the Hive

What is cannabis criminal justice reform?

It’s advocacy, activism, and other actions aimed at getting cannabis prisoners released from incarceration, having cannabis-related offenses removed from official records, and creating meaningful life opportunities for formerly-incarcerated people.

What is a cannabis prisoner?

It’s someone who is or was incarcerated for a cannabis-related offense and/or is burdened by a criminal record associated with that offense.

What is the Last Prisoner Project?

LPP is a nonpartisan non-profit working towards cannabis criminal justice reform.

Legalization in and of itself does not include diversity or access to the cannabis industry.

Marijuana legalization and its ensuing commercialization require social equity programs to enable access and inclusion into the industry for marginalized populations and communities. Marijuana's bad rap is rooted in racism. Today, in the United States marijuana criminalization still disproportionately affects minority groups.

The racist origins of marijuana prohibition and the war on drugs have impacted and decimated decades of minority lives.

There were no federal restrictions on the sale or possession of cannabis in the United States in the 1800s. There were many applications for Hemp (from the cannabis), including using its fiber from the plant for clothes, paper, and rope. A New York Times article from 1876 cites the positive use of cannabis to cure a patient's dropsy (swelling from an accumulation of fluid).

Ironically in the early 1900s, Mexican immigrants fleeing poor conditions from their country brought the practice of growing and consuming "marihuana," the Spanish spelling to the United States. Harry Anslinger, the man behind the 1937 Marihuana Tax Act "took the scientifically unsupported idea of marijuana as a violence-inducing drug, connected it to black and Hispanic people, and created a perfect package of terror to sell to the American media and public. By emphasizing the Spanish word marihuana instead of cannabis, he created a strong association between the drug and the newly arrived Mexican immigrants who helped popularize it in the States. He also created a narrative around the idea that cannabis made black people forget their place in society. He pushed the idea that jazz was evil music created by people under the influence of marijuana." [Business Insider, Alyssa Pagano, Mar. 2, 2018]

Racist propaganda negatively shaped the public's perception of the plant and fueled discrimination. In 1938, within one year after the Marihuana Tax Act passed,

black people were about three times more likely to be arrested for violating narcotic drug laws than whites. And Mexicans were nearly nine times more likely to be arrested for the same charge.

[Business Insider, Alyssa Pagano, Mar. 2, 2018]

Today, as the list of states legalizing marijuana increases, so does epic economic opportunity, for some. The President of the United States holds firm to the unjust 1900's racial dogma and warns that minorities are crossing our borders, bringing drugs and murdering our people.

Now more then ever we need to understand and advocate for social equity programs that funnel resources to the people who need them most.

We’ll continue to share information to help one another during this pivotal time. If we can support you in any other way, please let us know.

Social Equity Resources Provided by Our Friends at

DONATE TO CANNABIS CRIMINAL JUSTICE REFORM:

Last Prisoner Project
Root and Rebound
Drug Policy Alliance

DONATE TO CANNABIS EQUITY OPERATORS AFFECTED BY RECENT ROBBERIES:

GoFundMe: Osanyin Support Fund
GoFundMe: Support an equity company, destroyed by looters

DONATE TO ORGANIZATIONS FIGHTING FOR BIPOC JUSTICE & EQUALITY:

The Bail Project
Color of Change
Black Futures Lab
Innocence Project
NAACP Legal Defense and Education Fund
Equal Justice Initiative

SUPPORT SOCIAL EQUITY PROGRAMS:

Equity First Alliance
Equity Sessions
SF Equity Group

SHOP EQUITY & MINORITY-OWNED DISPENSARIES:

Padre Mu (Bay Area)
Posh Green Collective (San Francisco)
Berners on Haight (San Francisco)
The Farmacy (Berkeley)
Curing Hands (Sacramento)
Mankind (San Diego)
Bay Queen (Oakland)
Cal. Street Canna Co. (San Francisco)
Euphorium (East Bay)
Crystal Nugs (Sacramento)
GoodTreeLA (Long Beach and Los Angeles)
New Life (Oakland)

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LISTEN TO CANNABIS ACTIVISTS WORKING TO DE-STIGMATIZE CANNABIS, REPAIR COMMUNITIES & SHIFT CULTURE TO BE MORE INCLUSIVE:

Felicia Carbajal
Solonje Burnett
Nina Parks
Chaney Turner

To say we were happy and our hopes for justice were raised to hear President Biden’s October 6 announcement that he's going to grant pardons to anyone convicted of a federal crime for simple marijuana possession would be an understatement. Three weeks after one of the most sweeping mass pardons in US history, second only to former President Jimmy Carter who pardoned thousands of Vietnam War draft resisters, it’s stoking an onslaught of as many questions as emotions!

So, let’s quickly recap the details and touch on the broader picture as well.

Photo credit: AP News

"Polling from a variety of sources shows that support for marijuana legalization has been increasing consistently over the past twenty years. Biden's action is in line with how the vast majority of Americans feel about the issue," said Patrick Murray, director of the independent Monmouth University Polling Institute, in a news release.

Here are the main takeaways of this legislation:

Booker on Biden's 2019 Democratic Debate Marijuana Remarks: Then Former Vice President Biden said, "Number one, I think we should decriminalize marijuana period." Yet the President's pardon, limited in scope, has many concerned and puzzled.

Why the Marijuana Pardon’s Important

It’s mostly a big deal for two reasons because and maybe even a bellwether. Biden’s action reinvigorates the national conversation around cannabis regulation and reform. It also showed leadership towards the states calling upon them to pass similar legislation.

Biden seems to be dipping his toes in the water and indicating a willingness to “turn the ship" away from the War on Drugs calamity. (The War on Drugs was a detrimental movement, a war on human rights and science that started as far back as the late 1930's with Harry Anslinger's, "I want to be top cop, so I need an issue," (Reefer Madness period) and resurged in the early 1970s with Nixon's, "We can use this against the antiwar vote.") At the very least, it seems Biden is indicating the desire to do so. And, hey, a change in tone and intention coming from the office of the presidency, despite critics justified claims of the pardon falling short, matters!

Also notable, as part of this initiative, Biden's called on the attorney general and his Health and Human Services agency to review marijuana’s classification under federal law to see If it still makes sense to include it on the list of Schedule I substances. A list that includes heroin, LSD, and Ecstasy.

"Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse," as defined by the Drug Enforcement Administration. "If marijuana remains a controlled substance under the Controlled Substance Act (CSA) under any schedule, that would maintain the existing conflict between the federal government and states that have legalized recreational marijuana, though moving marijuana to a less restrictive schedule could help mitigate conflicts between federal and state medical marijuana laws," the Congressional Research Service reported in a recent report. "The creation of a new schedule solely for marijuana would give Congress an opportunity to modify the criminality of marijuana under the CSA."

Whether this is a nod from the current administration's openness to consider federally decriminalizing marijuana in the future remains to be seen. Decriminalization and full-blown legalization require congressional legislation. But, if the head of the executive branch is on board — that might be enough sway (at some point) to answer the call of the vast majority of Americans in favor to federally legalize marijuana. According to a Monmouth University poll, the White House's move has been met with broad public approval."

Overall, two-thirds (68%) of the American public supports legalizing the possession of small amounts of marijuana for personal use. This includes 76% of Democrats and 73% of independents, along with 52% of Republicans. By age, support is highest among those under 35 years old (87%) but also includes a majority of those age 55 and over (53%). ... Similarly, 69% of Americans approve of Biden issuing pardons for people convicted on federal charges for simple marijuana possession.

President Biden’s action is also significant because it sets a precedent. It’s a “role model” for lower-level jurisdictions to ponder, follow, or adapt and adopt. Whether states, reservations, and municipalities tweak their regulations, though, is a whole other nug-filled stash jar.

It’s a Promising First Baby Step for Cannabis Reform

While Biden’s move is a presidential shift in policy, and progress in the right direction, it falls short of the cannabis reform our country desperately needs.

For those hoping to see marijuana law and policy reforms untangle the legacy of the country's War on Drugs, Biden did not go far enough. And meaningful post-conviction reform still remains largely elusive in an America that echoed with promises to scrutinize criminal justice following the murder of George Floyd.

Students for Sensible Drug Policy, Last Prisoner Project, DCMJ, and others, sent a letter to Biden this month. It acknowledged his executive order as “a great first step” but pleaded for justice. These groups assert that Biden's pardon "did nothing to address the thousands of federal cannabis prisoners currently incarcerated.” We join in their request that President Biden please keep his promise and use his presidential power of clemency and pardon to release cannabis prisoners, who've been charged with selling marijuana and were excluded from the pardon.

We stand with the majority of Americans who long for the start of a comprehensive and meaningful succession of equitable federal- and state-level policy changes and remedial measures. While the scales of justice are tipping in the right direction, the legal landscape remains unjust. We encourage you to stay informed and stay active in the fight for fair and equitable cannabis laws.

KEEP UP ON CANNABIS JUSTICE & LEGAL TOPICS

Last Prisoner Project

FAQs Buzzin’ Through the Hive

What is simple marijuana possession?

It’s when a person possess a small quantity of marijuana with no intent to sell or otherwise distribute it. The possession charge can’t be tied to other crimes, like robbery.

Is simple possession (of marijuana) a felony?

Federally, it starts as a misdemeanor but can escalate to a felony depending upon the circumstances (like other charges).

What does President Biden’s October 2022 marijuana pardon do?

It forgives convicted at the federal level of simple possession of marijuana crimes. It doesn’t find them to be innocent or clear their criminal records of the crimes, though. Biden’s action also reignites the conversation around cannabis regulation and reform.

Change happens when actions—big and small—are maintained over time. Where you put your attention matters. How you spend your money matters. Staying informed and voting matters. When we are intentional and thoughtful about where our time, attention, and resources are going, we can be agents of change every day.

The cannabis community, in particular, can be a true ally to Black Lives Matter, the fight for justice and equality, and the movement to build sustainable change through action. We are no stranger to the devastating effects of systemic racism and inequality—the history of cannabis and the War on Drugs are steeped in it. We are also no stranger to standing together, unifying our voices, and enacting cultural and systemic change. As a community, let’s come together and give our voices and our strengths to the movement for equity and justice. Let’s turn our experience, knowledge, resources, and superpowers into action.

Demand Action from Your Representatives

Find your representatives, see where they stand, and demand action to end police violence.

*The purpose of this analysis is not to endorse particular pieces of legislation, but to empower communities to hold their representatives accountable for taking action to end police violence. *The advocacy tool includes bills that are currently being considered and bills that have been voted on by a state's full house (lower) or senate (upper) chamber where vote roll call information is available at OpenStates.org. More bills will be added as they are introduced by legislators.


Here are some ways to support justice and equity in the California cannabis community and beyond. Please reply to let us know what other resources, petitions, organizations, fundraisers, and businesses you have to share—we’d love community input and we’ll keep adding to the list!

From Our Friends at Meadow

Ways You Can Support Right Now

REGISTER TO VOTE

Register to vote and get family, friends and community to do the same. Ultimately, this is where we have the greatest power to change the structures and systems that have allowed injustice to prevail. Local elections are often the most overlooked but have a huge impact on nearly every aspect of everyday life, including policing and public safety. Black Lives Matter and ending police brutality have wide support across the country, but if those same supporters do not cast their ballots then real, impactful change will not be sustained. Register. Read up. Know your voting plan. Vote. Repeat.

SUPPORT ORGANIZATIONS WORKING FOR SOCIAL JUSTICE, DIVERSITY & COMMUNITY EMPOWERMENT

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California Minority Alliance
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By Mary Carreon


Making history as the first woman of color to own one of California’s first legal consumption lounges.

All eyes have been on California since Jan. 1, 2018 – the day the Golden State flipped its prohibitionist ways and began regulating cannabis. But California’s marijuana program is under increasing scrutiny for outlining a social equity program and failing to properly implement it. Trying to gather the resources to apply said strategies has thus far given white males an unfair advantage in the industry. People of color are still going to jail for non-violent cannabis-related crimes, while women are outnumbered by nearly 80 percent. That’s why Andrea Drummer, a renowned African-American chef, is a shining example of someone shifting the paradigm.

Earlier this year, Drummer was given full partnership in a historic West Hollywood edibles consumption lounge.

Lowell Farms, a beloved California-based flower brand, are the other owners in the company and also supplying the herb for Drummer to create medicated masterpieces. But how did this union happen? According to Drummer, their visions and purposes were aligned, essentially, from the start.

“What was important to me was the team they assembled and how diverse it was,” said Drummer at a UCLA Cannaclub Blacks in Cannabis panel. “Also, [Lowell’s] intention, and being a part of change: their hiring practices, helping expunge records and then hiring those people to be a part of the business. And lastly, [they didn’t] just offer me a job– they offered me a partnership.”

This type of openness and inclusivity is huge for the cannabis, edibles, and culinary industries because it’s shifting the norm. Through cooking with cannabis and having a partnership in a destined-for-success consumption lounge, Drummer is aiming to be the gold standard of social equity. And she’s planning on doing what she can now to implement such change instead of waiting for someone else to start pushing for business equality.

It’s incumbent upon us to be social equity in our hiring practices, advocacy, in how we operate, in our sourcing of product,” she said. “So [people of color] have to be a part of the change we want implemented.

According to the ACLU, African Americans are 3.73 times more likely than whites to be arrested for cannabis offenses nationally. Moreover, a report by the Drug Policy Alliance and the Marijuana Arrest Research Project reveals that between 2014 and 2016, more than 60,000 people in New York City were arrested for marijuana– and 52,730 were either black or Latino.

Additionally, in the seven years since Colorado and Washington implemented their regulated cannabis programs, both industries have become waterlogged with white men. According to Marijuana Business Daily, 73 percent of cannabis executives in 2017 were men and 81 percent were white.

These unbalanced statistics prove that change is imperative. That’s why enforcing diversity and workplace equality is important not only in who she partners with but also in her professional practices. It’s also the intention that underlies the essence of her career. Thus, anyone who understands the importance of inclusivity in business–especially in the cannabis industry– must act in ways that perpetuate the change they desire to see.

Before delving into the culinary side of cannabis, Drummer worked in non-profits as an anti-drug counselor.

Growing up in a Southern Baptist home in Fort Lauderdale, Fla., she was against medicating with the plant– like everyone else who came of age in days of “Just Say No.” In her eyes, there was no difference between heroin, cannabis, and crack.

“It was in LA where I was born again,” said Drummer, a Le Cordon Bleu graduate. “But when I first came to LA, I was driving up Sunset and I passed a dispensary and saw plants in the window and I was like, ‘these crazy Californians, what are they doing?’”

As fate would have it, Drummer began working for an attorney who was an avid cannabis consumer. “I thought he was a genius,” she says. “I would have these conversations with him and I’d be like, ‘Did I just have a really great conversation with someone who is completely stoned?’

This is when her perspective began to shift. Drummer received a first-hand education with someone who defied what it meant to be a “stoner.” In fact, it’s because of the experience that she started a wildly successful catering business in 2012 called Elevation VIP, a co-op in which she crafts elegant medicated meals. (Many of her original clients were celebrities, veterans with PTSD and people suffering from anxiety and depression.)

Drummer also competed on the Netflix original series, “Cooking On High.” And, now, she’s making history as the first woman of color to own one of California’s first legal consumption lounges.

What we’re doing is so forward thinking,” Drummer said. “We are in the throws of something major– of global change. Don’t you want to be a part of that?

Green Bee Life
*FDA Disclaimer: These statements and products have not been evaluated by the FDA and are not intended to diagnose, treat or cure any disease.

Copyright © 2024 Green Bee Life | Green Bee LLC, is a subsidiary of Green Life Media, Inc., a full service creative agency and production company.

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