Virginia’s Governor Has Another Chance To Help People In Prison For Marijuana (Op-Ed)

“Will Youngkin be on the wrong side of history once more, maintaining a status quo that punishes individuals for conduct that is no longer a crime?”

By Stephanie Shepard, Last Prisoner Project via Virginia Mercury

Last year, Virginia Gov. Glenn Youngkin (R) had the opportunity to correct a grave injustice in Virginia’s criminal legal system. Instead, he chose to veto a bill that would have modified the sentences of incarcerated individuals under state supervision for cannabis-related offenses.

That decision denied relief and potential freedom to more than 1,844 people—men and women still paying the price for laws that have since changed.

Many of these incarcerated individuals are mothers, fathers, sisters and brothers who have been separated from their families and communities for far too long. Their stories are a necessary part of putting an end to a flawed system that criminalizes a plant that is increasingly being recognized for its medicinal and therapeutic benefits.

Thankfully, Virginia’s General Assembly has once again taken a stand for fairness and second chances by advancing a bill that would provide retroactive relief for individuals with cannabis-related offenses. With these measures moving through the legislative process, Youngkin now has another chance to do the right thing.

Virginia’s HB 2555 would create a process for sentence modifications, allowing incarcerated individuals and those under state supervision for eligible cannabis-related offenses to petition for relief.

This bill represents a much-needed step toward justice and equity in Virginia’s legal system. As societal views on cannabis have evolved—and as entrepreneurs make millions of dollars from the legal cannabis industry—HB 2555 would rectify past convictions, offering affected individuals a chance to clear their records and reintegrate into society.

The momentum behind cannabis justice reforms is undeniable. Across the country, states are taking steps to address the deep racial and economic disparities created by the war on drugs. The people of Virginia recognize the importance of these reforms, and their elected representatives have made it clear that they do, too.

This bill would also promote social equity. The war on drugs has disproportionately impacted marginalized communities. These reforms can help address these disparities by providing relief to Black and Brown communities unjustly affected by previous cannabis laws.

Now that these bills have passed the legislature, the decision falls once again to Youngkin.

Here’s the good news for Virginia’s governor: cannabis reform and sentencing reform are popular. One poll found that 84 percent of registered voters support the release of people serving time for crimes that are no longer considered illegal. A separate survey found that 72 percent of voters approve of President Joe Biden’s pardons for nonviolent offenses, including 55 percent of Republicans.

I understand the importance of this legislation firsthand. In 2019, I returned home after serving nine years of a 10-year federal prison sentence for a first-time, victimless, cannabis crime. While I am back home, many people just like me remain behind bars. The time I lost will not be in vain; I will continue to advocate on their behalf until every last cannabis prisoner is free.

Will Youngkin be on the wrong side of history once more, maintaining a status quo that punishes individuals for conduct that is no longer a crime? Or will he embrace commonsense and fairness, and offer relief to those who have been unjustly incarcerated?

The path forward is clear. This bill is popular, sensible and would create a more just Commonwealth.

Prohibition may be in Virginia’s past, but redressing the harms it created must be part of the Commonwealth’s future.

Stephanie Shepard is director of advocacy for Last Prisoner Project.

This story was first published by Virginia Mercury.

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