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Just Cannabis Ep. 3 — Womxyn & Cannabis Incarceration

Mikelina Belaineh • Mar 30, 2023

Just Cannabis host Mikelina Belaineh sits down with Stephanie Shepard, a cannabis justice advocate and Last Prisoner Project Board member, who served almost ten years for cannabis conspiracy. 



Listen to the episode HERE.

Stephanie Shepard grew up in Sacramento, California, the youngest of seven children and a proud product of parents formed by the Civil Rights era. During our interview, Stephanie shared an amazing story about the day she came into this world. 


Imagine her mother goes into labor, and her dad rushes to the nearest hospital. At that time, hospitals in their area were still segregated, and the nearest hospital was for white people only. When Stephanie’s father arrived and asked to have his wife admitted, the hospital staff refused. Stephanie’s parents stood their ground. Unyielding, her father demanded that the hospital fulfill its duty and tend to his wife. 


Thanks to this brave act of self-advocacy, Stephanie was born in that white hospital and started her life as a changemaker in this world. Stephanie’s aunt tells her she was the loudest baby in the nursery, and the only Black baby in the hospital. Since day one, Stephanie has been using her voice to bring positive, disruptive change to the world. 


Fast forward to 2005. Stephanie has grown up to be an educated, working professional. She moves from California to New York to pursue her dream of becoming a real estate agent, a challenging task in the big city. Determined, Stephanie defied the odds and created a space for herself as a Black woman in a white-dominated industry. Bold, brave, and unapologetically herself, Stephanie bucked back against a world that told her to make herself small. 


In 2010 Stephanie’s world was turned upside down, and her life forever changed when she was convicted of conspiracy to distribute marijuana and sentenced to ten years in federal prison. 


The War on Cannabis was at peak levels of enforcement in New York City in 2010. Notorious and unconstitutional stop-and-frisk policies were in full effect. The city was all in on policing and punishment, steeped in the belief that Black and brown folks must be surveilled and heavily controlled. To be a Black or brown person in the city was to be seen as a potential criminal in the eyes of the law. 


So how did Stephanie, a real estate agent with no criminal history, end up entangled in the machine of mass incarceration? 


Stephanie had a man in her life who happened to sell cannabis. He became implicated in the cannabis conspiracy but suffered from a life-threatening illness while incarcerated pre-trial.  His lawyer reached out to Stephanie, explaining that if she told the court that she was willing to house and care for him, they would likely release him. So, Stephanie offered to be his caretaker, hoping it would allow him to receive the medical care he desperately needed. 


That act of kindness quickly made her a target for prosecution. Stephanie started off as a responsible potential caretaker, but by the end of the hearing, the government had labeled her a co-conspirator. As a first-time, non-violent offender, Stephanie was eventually convicted and sentenced to ten years in federal prison. Data tells us that at least 1 in 4 womxyn have an incarcerated loved one. Stephanie’s story is just one example of the complex ways in which the womxyn’s incarceration epidemic is intimately connected to and impacted by the mass incarceration of Black and brown men. 


In the episode, Stephanie talks about how it felt to sit behind bars as cannabis legalization began to sweep the nation. While incarcerated, she watched white men in suits tell news reporters about the booming cannabis industry and celebrate their growing fortunes. 


Stephanie was released during the summer of 2019, and she was placed on federal probation forfive years. Since being released, Stephanie has been using her voice o advocate for change in a cannabis movement that suffers from short-term memory loss, consistently ignoring the individuals, families, and communities who paid the ultimate price after paving the way for this burgeoning industry. 


In this episode, you’ll hear how Stephanie survived the prison system and is pursuing her path to healing, working to transmute the trauma of incarceration into light and positive change for herself and others. Through Stephanie's story, we can better understand why it is in our best interest to center Black and brown womxyn in the fight for cannabis justice.  Prisons, jails, and the entire criminal legal system were created with men in mind, and yet, it is womxyn who are being criminalized and punished at higher and higher rates. The impact of gender can no longer be overlooked. 


We hope you enjoy this conversation and that Stephanie’s story and message inspire you to join the movement to end cannabis prohibition and punishment. 


Listen to the episode HERE.

By Stephen Post 02 May, 2024
This week, Senators Booker, Schumer, and Wyden reintroduced the Cannabis Administration and Opportunity Act (CAOA), comprehensive legislation that would legalize cannabis federally, expunge cannabis records, and release cannabis prisoners. Here are just a few highlights to help breakdown this bill: CAOA, if passed, could finally decriminalize cannabis on the federal level. Federal courts would have 1 year to expunge or seal arrests, convictions, and juvenile delinquency adjudications for most non-violent federal cannabis offenses. They'd also be required to educate recipients on the effects of their expungement(s). Some federal cannabis tax revenue would be directed to organizations that help people secure state-level cannabis expungements. The Bureau of Prisons would have 60 DAYS TO RELEASE (and vacate the convictions of) individuals serving tiem for most federal cannabis-only offenses. Individuals whose convictions don't fall under those guidelines, or whose sentences were enhanced because of prior cannabis convictions, would be able to petition the court for a reduced sentence. The feds wouldn't be able to deny people federal public assistance because of cannabis use, possession, or convictions. They also would not be able to consider cannabis a controlled substance for the purposes of immigration proceedings. Read more about the CAOA here and read recent coverage in Filter Mag and Marijuana Moment of our 420 Unity Day where we joined with advocates to talk to Sen. Schumer and other lawmakers about the CAOA and other efforts to enact cannabis justice
By Sarah Gersten 30 Apr, 2024
Rescheduling is not legalization, and the existing penalties for cannabis remain unchanged. In October of 2022, President Biden made a series of historic cannabis-related executive actions , including initiating a review by the Department of Health and Human Services (HHS) and the Department of Justice on how cannabis is scheduled under federal law. In August 2023, HHS recommended rescheduling cannabis from a Schedule I drug to a Schedule III drug and referred it to the Drug Enforcement Agency (DEA) for final approval. Today, the DEA announced its decision to approve the HHS recommendation to reschedule cannabis to Schedule III. The proposal now goes to the White House Office of Management and Budget (OMB), to review the rule. If approved by OMB, the proposed rescheduling would go to public comment before being finalized. This historic announcement is the culmination of years of advocacy by Last Prisoner Project (LPP) and other advocacy groups to push the federal government to better reflect the public’s view on cannabis. While the move is undoubtedly a step forward for the movement, it does not meet LPP’s goal to fully remove cannabis from the Controlled Substances Act and its associated criminal penalties. So then, what exactly does this schedule change mean for cannabis justice reform? While the action could result in some favorable tax and banking reform for the cannabis industry and more dedicated research for cannabis patients, there are no changes in how the criminal legal system punishes cannabis users. Rescheduling is a peripheral change that signals the reevaluation of cannabis, but not the release of cannabis prisoners or relief for those who continue to be burdened by the lasting consequences of the carceral system. In short, this announcement represents progress but not justice. Despite not achieving full legalization, we must use this historic moment to push the fight for cannabis justice forward by broadening the scope of Biden’s cannabis clemency action, working with Congress and certain administrative agencies to both provide retroactive relief and to reduce prospective cannabis criminal enforcement, and incentivizing states to provide broad retroactive relief, particularly in states that have adopted a fully legal cannabis market. Learn more about ways cannabis justice advocates can leverage this change to advance reforms in our recent memo . LPP is committed to continuing the fight for cannabis justice until everyone is fully free from the harms of the War on Drugs. This means advocating for cannabis to be fully descheduled. To ensure we keep the pressure on descheduling, retroactive relief, and full legalization, Last Prisoner Project helped organize the largest bipartisan group of cannabis advocates in Washington D.C. on April 18th, 2024 for our 420 Unity Day of Action to urge Congress and the President to take further action. Last Prisoner Project believes that complete descheduling is a necessary step towards correcting past injustices and creating a fair and equitable criminal legal system. We will continue to leverage the momentum achieved from our advocacy to ensure that individuals burdened with past cannabis convictions have their records expunged and all cannabis prisoners are released, regardless of the federal scheduling decision.
By Stephen Post 27 Apr, 2024
President Joe Biden made a statement Wednesday announcing a decision to pardon 11 people convicted of non-violent drug charges and commuted the sentences of five others. "America is a nation founded on the promise of second chances," he said . "We also recommit to building a criminal justice system that lives up to those ideals and ensures that everyone receives equal justice under law." Despite this positive use of his clemency powers, President Biden again failed to include any people still in prison at the federal level for cannabis offenses which is estimated to be at least 3,000 individuals. Even though he has provided record relief to almost 13,000 people with his expanded cannabis possession pardons, the President has failed to release a single person in prison for cannabis. Last Prisoner Project Executive Director, Sarah Gersten said, "While we are encouraged to see the President use his clemency power to commute the sentences of those incarcerated for drug offenses, we are hopeful that the administration will fulfill their promises both to use the clemency power more robustly as well as to commute the sentences of those still incarcerated for cannabis." "The Administration has made it clear that cannabis reform is a priority and one that will energize their electorate. To truly make an impact that will sway voters come November the president needs to take action to release the estimated 3,000 individuals still incarcerated for cannabis federally." We hope that President Biden recognizes that releasing people with cannabis offenses doesn't require legalization. They demand executive action. If he is looking for the next batch of candidates for clemency, we have already sent him a list of deserving individuals whose petitions are sitting with the Office of the Pardon Attorney. He simply needs to act on them. We recently rallied advocates at the White House on our 420 Unity Day of Action to demand their freedom and encourage the public to help tell Congress and the President to take further action.
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