On November 20, advocates, formerly incarcerated people, their families and congressmembers gathered at the United States Capitol, urging President Joe Biden to use his clemency powers to help repair decades of injustice caused by cannabis prohibition. A press conference was led by representatives of the Last Prisoner Project (LPP), and featured prominent lawmakers including Representatives Ayanna Pressley (D-MA), James Clyburn (D-SC), Mary Gay Scanlon (D-PA) and Ilhan Omar (D-MN).
During the press conference, the coalition unveiled a joint letter calling on Biden to act before his presidency concludes on January 20.
“Now is the time to use your clemency authority to rectify unjust and unnecessary criminal laws passed by Congress and draconian sentences given by judges,” the letter states. “We urge you to use your executive clemency power to reunite families, address longstanding injustices in our legal system, and set our nation on the path toward ending mass incarceration.”
“You have the support of millions of people across the country who have felt the harms of mass incarceration,” said Rep. Pressley, addressing the president.
The initiative is tied to LPP’s Countdown 4 Clemency campaign, which has amplified public pressure on Biden to release people still incarcerated for federal cannabis convictions. While Biden has pardoned thousands convicted of simple cannabis possession, advocates point out that this has not yet resulted in the release of any prisoners.
Rep. Omar highlighted the disconnect between evolving state cannabis policies and federal incarceration. “While cannabis is now legal in Minnesota and many states across America, thousands remain behind bars in federal prisons for the same substance—a reminder of the work still ahead,” she said.
Biden, she continued, “can extend clemency to every person still serving time for federal cannabis offenses, many of whom have already spent decades behind bars. In Minnesota, we’ve shown that cannabis legalization and expungement can move hand-in-hand. Now it’s time for federal action to match this progress.”
Rep. Pressley also expressed urgency, emphasizing the widespread toll of incarceration. “You have the support of millions of people across the country who have felt the harms of mass incarceration: young children longing to hug their grandparents, people who have taken responsibility for their mistakes, and those who simply were never given a fair chance,” she said, addressing the president. “These are the people seeking help that only you can provide through the use of your presidential clemency power.”
“My son can only get that type of clemency relief by the president taking the pen.”
The event also highlighted personal stories of people impacted by federal cannabis convictions. Mitzi Wall, the mother of Jonathan Wall, who is serving an eight-year sentence for such a conviction, contrasted her son’s situation with Maryland’s recent statewide clemency effort.
“Earlier this year, I attended the historic pardon action where Maryland Governor Wes Moore used the pen to right history [and] grant clemency to more than 175,000 cannabis possession and paraphernalia charges,” Wall said. “Yet other Marylanders like my son can only get that type of clemency relief by the president taking the pen.”
Jason Ortiz, LPP’s director of strategic initiatives, spoke of families torn apart by harsh federal sentencing laws. “There are a heartbreaking number of Latino fathers incarcerated for life or near-life sentences for activity now happening legally across our nation,” he said. Among them, he noted, is Edwin Rubis, a father of three who has served 27 years of a 40-year sentence for a cannabis-related conviction.
“President Biden has the power to reunite our families, but the clock is running out,” Ortiz continued. “We implore you to be the president to use the power of the pen to right history by shifting our approach to cannabis from punitive punishment to compassionate clemency.”
Advocates remain hopeful that Biden will take the opportunity to act before the Trump administration is installed.
The event further highlighted cases like that of Ricardo Ashmeade, who is serving a 22-year sentence under a “three-strikes” law championed by Biden during his Senate career. His daughter, Richeda Ashmeade, has lived most of her life without her father, who has been incarcerated for 16 years.
Rafael Hernandez-Carrillo, sentenced to life for a cannabis-related conviction, and David Lopez, who advocates said has endured years behind bars due to judicial errors, are further examples.
President Biden’s 2019 campaign included a pledge to address harms caused by the drug war, but advocates say his actions have fallen far short. Time is now running out for Biden to fulfill more of his promises.
Advocates remain hopeful that Biden will take the opportunity to act before the Trump administration is installed.
“The pen is in his hand,” Ortiz said. “The question is whether he will use it.”
Photograph courtesy of the Last Prisoner Project
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