20^th Annual State Criminal Justice Network Conference
August 18-20, 2021 | Held Virtually

Hear from state and national experts who will explore a range of strategies adopted to account for the devastating impacts of the war on drugs, highlighting the most effective modes of providing relief for individuals with prior cannabis convictions.

In Part II of the discussion on Race and Collateral Consequences, we explore how the use of “moral character” clauses, like those used in state bar licensing, can prevent individuals with convictions from participating in the legal profession. We also discuss a range of restrictions to entrepreneurial ventures that people with criminal convictions face that range from limiting a person’s ability to access capital through loans to barring participation in the legal, regulated cannabis industry.

Introduction to the Cannabis Justice Initiative, part of NACDL's Return to Freedom Project, presented by John Albanes, Legal Director of the Return to Freedom Project, NACDL; and Sarah Gersten, General Counsel and Executive Director of Last Prisoner Project

For those whose lengthy incarceration is driven by cannabis related offenses, the injustice is particularly striking. As the United States moves away from the criminalization of cannabis, giving rise to a major new industry, there remains the fundamental injustice inflicted upon those who have suffered criminal convictions and the attendant consequences of those convictions. 

Learn more and find resurces for your cannabis case-related issues here. 

Amended Motion (Nov. 19, 2020)

Order (July 28, 2021)

Argument: Hernandez had a great COVID argument and a great excessive sentence argument, but both were foreclosed by Seventh Circuit opinions (Broadfield and Thacker) before court could rule.  Instead, district court relied on remaining issues--changing attitudes about marijuana--as the extraordinary and compelling reasons and granted a reduction time-served. 

Order Granting Compassionate Release 

Argument: CR grant for defendant who had served 23 years of a 30-year sentence for a non-violent, no-gun, marijuana offense. Court based extraordinary and compelling reasons on the unusually long sentence given the offense conduct; that the sentencing court was constrained by pre-Booker mandatory guidelines; that it was highly unusual to charge someone with the offense of CCE (Continuring Criminal Enterprise) in that district; and changing societal views about marijuana: "While the Court must apply the current federal law with respect to marijuana, it can note the changing legal landscape since Mr. Vigneau was sentenced in 1998." 

Opinion and Order

Argument: Case started out as an excessive sentence case (the two §851s that created life mandatory mininum wouldn't apply today), but due to bad case law in Sixth Cicuit, attorney Chloe Smith smartly pivoted to more traditional/COVID arguments. After Judge Danny Reeves in the EDKY denied the motion, Chloe appealed the denial of the CR motion to the Sixth Circuit. 

The Sixth Circuit reversed and remanded the district court’s denial of compassionate release to a 90-year-old, terminally ill, bedridden defendant serving mandatory life for non-violent marijuana offense that would only be subject to a 10-year mandatory minimum today. In reversing, the Sixth Circuit found that the “district court’s analysis of the 18 U.S.C § 3553(a) factors leaves us “ ‘with a definite and firm conviction that the district court committed a clear error of judgment.’ ”

By overly emphasizing Estrada-Elias’s history of nonviolent crimes, ignoring the low likelihood that Estrada-Elias will re-offend, and mischaracterizing the reality of the gap between Estrada-Elias’s present and prior convictions, the district court engaged in a substantively unreasonable balancing of the § 3553(a) factors and therefore abused its discretion.

The court reversed and remanded for Judge Reeves to make a finding on extraordinary and compelling reasons prong, which it has assumed applied without actually holding as such.  

Amicus Brief

Argument: Amicus brief filed on behalf of compassionate release motion discussing the over-criminization of marijuana; the significant changes in marijuana laws over the years, and arguing that incarceration of non-violent cannabis offenders fails to serve the public interest.  

The Delaware Cannabis Policy Coalition, of which NACDL is a member, is advocating for the passage of legislation to legalize cannabis in Delaware.

NACDL worked with the Yes We Cannabis RI coalition to successfully advocate for the legalization of marijuana in Rhode Island.

Written Testimony of Monica L. Reid, Senior Director of Advocacy, on behalf of NACDL to the Delaware House Health and Human Development Committee in Support of HB 371, which would legalize the use and possession of small amounts of cannabis for adults 21 and older. Submitted on May 3, 2022.

NACDL, as part of the Maryland Cannabis Policy Coalition, successfully advocated for legislation to advance marijuana legalization in Maryland. 

NACDL successfully opposed legislation to expand marijuana criminalization.

Letter to members of the Delaware General Assembly in support of HB 305, which would have legalized cannabis in the state.

"This PBS Spotlight segment highlights the injustice of cannabis prosecution. Notably featured in this specific film is the work of The Last Prisoner Project, a nonprofit focused on cannabis criminal justice reform. Presented by The Beehouse Justice Initiative, a New York City organization dedicated to healing 'some of the harms caused by disparate enforcement of cannabis prohibition' and video production company Matador Content, the film is narrated by Chris Rock and directed by Ezra Paek." - Last Prisoner Project