In the early ’70s, marijuana was at the crux of becoming an emblem for social rebellion — an association that would mutate into a political talking point, one aimed at disproportionately incarcerating people of color.
Despite the historic advances that cannabis policy has experienced in recent years, the Last Prisoner Project estimates that tens of thousands of Americans are still incarcerated for cannabis-related convictions, even though it’s legal in more than 23 states.
The Last Prisoner Project, a national nonprofit, was founded in 2019 as a response to the disconnect between cannabis legalization, and the people who remained incarcerated for the drug whose legal status is not only changing, but transforming into a billion-dollar industry.
The Last Prisoner Project diligently fights for the freedom of those who are still incarcerated on cannabis-related charges; and helps constituents and their families rebuild their lives after incarceration.
Frances Trousdale is a project policy associate at Last Prisoner Project, whose work is centered around policy research, criminal justice and analysis. Trousdale began working at the nonprofit because of the systemic divide between criminal justice reform, and those who had been directly impacted by the “war on drugs.”
“At its core, the ‘war on drugs’ was built upon a decadeslong, false, media-driven narrative that ‘marijuana’ was one of society’s worst menacing enemies. Government leaders used racist propaganda to monger fear among Americans and demonize both cannabis and its users alike,” Trousdale said.
“This misinformation campaign ultimately led to a highly racialized enforcement of cannabis prohibition, which disproportionately surveilled, arrested, charged, and incarcerated Black and Brown communities. Unfortunately, legalizing cannabis fails to remedy these harms, and in many ways, the current policies uphold the pillars of the ‘war on drugs.’”
This has made way for a fractured reality in which cannabis policy cannot adequately undo the systemic damage caused by the “war on drugs.”
“Because cannabis legalization does not apply retroactively, individuals with past cannabis convictions do not receive relief when legalization passes; meaning that while a legal market booms on one side of prison doors, individuals continue to suffer on the other,” Trousdale explained.
“Similarly, because the consequences of a criminal record restrict individuals from basic rights such as opportunities for employment, housing, social services, and civic engagement, individuals continue to suffer from the harms of a cannabis conviction for their entire life. This also means that they are largely cut out of the hugely profitable, now-regulated cannabis market, creating a cyclical effect that reinforces the harms of the ‘war on drugs,’ particularly in Black and Brown communities.”
Each year, the Last Prisoner Project examines the current state of cannabis justice throughout the United States; rating states on a letter-graded scale. Because cannabis policy differs from state to state, the road to decriminalizing cannabis has been rocky, shrouded in policy that has disproportionately impacted people of color.
The State of Cannabis Justice Report focuses on four key aspects of cannabis justice in each state: legalization, pardon programs, record clearances and resentencing.
Arizona scored a “C.” And, although disappointing, Trousdale noted that this is well above the national average.
“There are more states in the D and F range than there are in the A, B, and C range combined. With that said, there are some pretty concrete improvements that Arizona could make to improve its cannabis justice,” Trousdale explained.
“On the issue of record clearance, the biggest gap is state-initiation. It is absolutely imperative that, in these processes, the burden is on the states to identify eligible individuals and start the process; otherwise, it is far too inaccessible to ever be effective.
“Second of all, the eligibility scheme is super narrow, only offering record clearance for cases involving less than 2.5 ounces of cannabis. With this said, I applaud the state (of Arizona) on its enforceable timeline and having no waiting period to apply. On the issue of resentencing, the gap is everything. There is no avenue for individuals with cannabis-specific offenses to apply for resentencing. This is a huge gap in the state’s policy and leaves tons of individuals without relief.”
Because legislation against cannabis has existed in the United States for so long, data from the Last Prisoner Project reveals that although cannabis legalization continues to expand, legalization alone does not quell the damage caused by the “war on drugs.” This, combined with complicated legal jargon, has kept cannabis justice out of reach for many.
“When it comes to cannabis laws, the barrier to entry is extremely high, with very technical regulations that make participation in the market very difficult,” Trousdale said.
“The issue is similar when it comes to expungement policy. Typically, the instructions guiding expungement provisions exist somewhere within hundreds of pages of legal language that individuals struggle to access, let alone put to use. In most cases, we have also found that states fail to adequately notify individuals of their eligibility or the process that they need to follow to receive relief, making the policies highly inaccessible in many instances.”
Last Prisoner Project’s mission remains rooted in advocacy, providing the public with resources ranging from petitions, letter-writing campaigns, and personal testimonies from those directly impacted by the “war on drugs.”
And when we consume cannabis in a legal space and profit off its market, fighting for the freedom of others is the least we can do.
For more resources on the subject, visit www.lastprisonerproject.org.
#FreeRobertDeals
On Jan. 13, 2010, Robert Deals was arrested for cannabis-related charges. Deals is a retired Air Force veteran with PTSD, and he served his country for 10 years prior to his arrest.
But he is now serving his 12th year of an 18-year sentence in Yuma.
The Last Prisoner Project has partnered with Cookies chief executive officer, Gilbert Anthony Milan Jr. (who goes by Berner) and Deals’ daughter, Alicia, to launch the #FreeRobertDeals campaign to fight for his freedom. No one should be punished for something that is now legal.
Through this campaign, the Last Prisoner Project is urging the Arizona Board of Executive Clemency and Gov. Katie Hobbs to reassess Deals’ case and grant clemency. The public is encouraged to use #FreeRobertDeals when sharing information on Deals’ case, along with reaching out to government officials. Visit www.lastprisonerproject.org/freerobertdeals for the full action toolkit.
