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LPP’s Policy Team works in Virginia to pass cannabis resentencing

Frank Stiefel • Feb 28, 2022

In 2021, Virginia became the 17th state to legalize adult-use cannabis. This was a watershed moment, as it is the first Southern state to repeal prohibition. Though Virginia did include some automatic record clearance provisions in its legalization bill, it unfortunately did not succeed in providing a retroactive resentencing process. Virginians are still in prison for behavior the state has changed its position on criminalizing, and there is currently no pathway in Virginia to provide an opportunity for cannabis-related sentences to be reevaluated in light of legalization. 


An example of this fundamental injustice is the case of Bryan Reid, a father of four who is currently serving a 12-year sentence at Coffeewood Correctional Center in Mitchells, VA for possession with intent to distribute cannabis. Byan’s only priors are for nonviolent drug offenses. Bryan currently has no legal mechanism to ask the court to reconsider his excessive sentence in light of legalization. Like too many other Virginians, Bryan continues to be separated from his family for behavior that the Commonwealth now views differently.


The Last Prisoner Project’s policy team has been working with Virginia legislators, community advocates, and justice system practitioners to ensure that individuals have an opportunity for  their cannabis-related sentences to be reduced in light of legalization. Through LPP’s advocacy, the Virginia Senate passed SB 745 earlier this month,
a bill that creates an automatic hearing process for cannabis-related resentencing. SB 745 contemplates the strongest cannabis resentencing process to clear any state legislative chamber so far, and enjoys bipartisan support. LPP’s policy team was also successful in seeing the resentencing policy added to SB 1406, the major cannabis bill that passed the Senate this month. Both bills are now in the Virginia House. 


The Virginia General Assembly will wrap up in mid-March. Every day that passes without cannabis resentencing is another day that people are unjustly separated from their families and their freedom. Without a resentencing process, Virginia’s legalization program will be more focused on creating profits than being accountable to the origins of prohibition in the first place. 

By Stephen Post 16 May, 2024
Sarah Gersten, Executive Director of Last Prisoner Project, said, "As President Biden takes this crucial step towards cannabis reclassification, we acknowledge the progress made in recognizing the failures of our past approach. Yet, rescheduling alone won't rectify the injustices endured by countless individuals affected by cannabis criminalization. While we commend efforts to advance progress and reduce barriers, true justice requires more. We stand firm in our commitment to advocating for complete descheduling, retroactive relief, and comprehensive legalization. Every step forward must be accompanied by tangible actions to expunge records, release prisoners, and restore lives. We urge continued bipartisan cooperation and decisive action to right the wrongs of the War on Drugs." 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. The DEA announced its decision to approve the HHS recommendation to reschedule cannabis to Schedule III. As shown above, today, President Biden formally announced the move to reschedule cannabis to schedule III. Now, he proposal 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. You can listen to Vice President, Kamala Harris's recent comments on the move below. Additionally, you can read the DOJ rulemaking submission here and we encourage the public to submit their comments using http://www.regulations.gov and following their online site instructions for submitting comments.
By Stephen Post 14 May, 2024
As millions celebrated Mother’s Day, LPP constituent and mother Melissa Charran spent the day behind bars. Like countless other families impacted by the War on Drugs, Melissa’s son is growing up without both of his parents. In a letter to LPP, Melissa shares her story: “It is truly unbelievable to be sitting here, in federal prison, for something many folks on the outside are building businesses out of. That was, and still is, a dream of mine—to own and operate my own brand within the c🍃nnabis industry. “I was charged in Denver, Colorado, where I lived at the time with my other half, Eric. He was also arrested and sentenced to 13 years. Being 5 months pregnant when I was arrested caused me a ton of stress and also resulted in an unhealthy amount of weight loss—something I’ve struggled with for a long time even prior to my arrest, which was the ultimate reason behind obtaining a medical 🍃 card in Colorado. “My pretrial supervision took place in Minnesota where I submitted to random urine tests, home inspections, therapy requirements and had to seek employment. I was successful, all while carrying my baby to full term, gave birth (without his father by my side) and raising him with the help of my family. “Although I served 2 years and 5 months pretrial, it was not satisfactory for the federal government … My sentencing judge stated that he 'needed to make an example out of me.' He gave me 24 months plus 1 year probation. “It kills me everyday to know that my 2-year-old son has to grow up without his parents, and I have felt helpless for a long time. I am beyond thankful to have heard from LPP, and I look forward to what feels like a hopeful future now.” As part of our advocacy program, LPP has supported Melissa with commissary funding, letters of support, and will recieve a reenty grant upon her release.
By Stephen Post 10 May, 2024
After Christian Reichert was sentenced to 23 years in prison for cannabis, his mother Tina would stop at nothing to bring him home. This Mother’s Day, please consider donating to support all mothers impacted by cannabis prohibition—both at home and behind bars. His mother Tina shared this statement:⁣ ⁣ ”I just want to thank everyone that has helped Christian, I’m overwhelmed by the outpouring of love, support and generosity. We are truly grateful and could not have gotten prepared for him without the help of so many and the help we received from organizations like The Last Prisoner Project. We appreciate them all greatly. ⁣ ⁣ We are so excited [to have Christian home]. He’s having a lot of anxiety in this transition after almost 8 years of being incarcerated but is looking forward to [being] home. Please keep him and my family in your prayers during this celebration of freedom.” ⁣ Christian will now be a part of the Last Prisoner Project reentry program, where we will help provide resources to aid in his successful transition back into society. ⁣
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