Erika's Notes: Kush and LPP's True Impact of Incarceration Webinar
The True Impact of Incarceration: A Webinar Presented by Kush and the Last Prisoner Project
Marijuana, Race, and Criminal Injustice: Cannabis Policy and the Rise of the Carceral State is a compelling webinar series about cannabis and our “justice” system brought to you by Kush and the Last Prisoner Project.
I’m a little behind on viewing this excellent webinar series collab. I think they’ve now done four webinars, but I was able to view the second one in the series: The True Impact of Incarceration on YouTube.
Wow, wow, WOW. A huge thanks to Sarah Gersten and her guests Evelyn LaChapelle, Natalia Wade, and Stephanie Shepard for this enlightening conversation. I am so grateful for all that I learned from this webinar.
I thought I already had a grasp on how incredibly backward our justice system is when it comes to cannabis-- boy, was I wrong. This webinar was a huge eye-opener for me.
The Last Prisoner Project
Sarah Gersten serves as the executive director and general counsel for The Last Prisoner Project-- a non-profit organization that works to release cannabis prisoners, as well as providing resources, support, and membership to help them rebuild their lives and truly live freely upon release.
Sarah emphasized that fighting for cannabis justice is a huge piece of reforming criminal and racial justice in the U.S. Imprisonment for cannabis offenses is appalling in any case, but sentences tend to be disproportionately harsh toward BIPOC defendants.
Compelling, Relatable Stories
Joining Sarah on this webinar were three Black women who are currently rebuilding their lives with the help of the Last Prisoner Project after spending years incarcerated for cannabis “offenses”– though when I heard their stories I was truly appalled that they were ever even arrested, let alone imprisoned.
Evelyn LaChapelle and Natalia Wade’s only “crime” was depositing cannabis profits into a bank account. Mind you, this was in 2013 when medical cannabis was already legal in California, where they lived. Evelyn spent 5 years in federal custody, and Natalia spent six.
Stephanie Shepard was arrested after trying to do something kind by offering a place to stay to her ex-boyfriend who was being released from prison on medical bond. A successful realtor, Stephanie went to court to be approved as a responsible caregiver.
Unfortunately, this flagged her for investigation and she was later arrested due to extremely minor roles she had played in his operation. She was found guilty and was sentenced to ten years in federal prison.
Honestly, my first thought upon hearing these eloquent women’s stories was:
Holy shit, this could have been me.
I lived with a boyfriend that grew and sold marijuana back in the black market days. I had nothing to do with any of the day-to-day operations, but it happened in my home. Had he been arrested and/or convicted, might I have suffered the life-destroying consequences as well? Probably.
Actually, probably not. I’m white.
Missing Family
Sarah and her guests did a wonderful job of tying their heartbreaking personal experiences into the overall tapestry of bullshit that is incarceration for cannabis offenses in the United States. One of the biggest issues for cannabis prisoners, of course, is missing their family.
They have to miss out for years on the day-to-day time with family and experience immense loneliness. Birthdays, holidays, weddings– any happy times we get to celebrate with our families– they don’t get that. Losses, funerals, illnesses– those sad times that we lean on our families to get through– they don’t get to have that either.
Stephanie’s father passed away while she was in prison and she didn’t get time with him to say goodbye or to give and receive support from her family.
When you’re in prison, you don’t get to spend extra time with someone you love when they’re on their deathbed, and hold their hand, and tell them how much they mean to you.
Access to Health Care
The lack of access to health care among our prison population is truly inhumane.
Natalia not only had to face six years in prison without her family and friends but without the proper medical care that she desperately needed.
Natalia stated if you complain about health issues in prison, the general assumption is that you’re faking. She made an official complaint ten times before she was even allowed to see a doctor.
When she did get to see a doctor, she was told either to take a warm shower (impossible in prison) or was offered pain medication, which she refused. Prisoners are charged $20 per each one of these worthless doctor’s visits.
Finally, because she kept refusing pain medication, the staff and doctors finally started to pay attention. She was diagnosed with lupus and rheumatoid arthritis. Her swollen feet finally got under control.
However, when she was transferred to federal custody, she needed medical attention again when she was having difficulty walking. She was told she had indigestion (huh?). Actually, it was a blood clot. Medical neglect led to cardiac arrest. She was put on life support, where she remained for two weeks.
Every day, the medical staff asked her mom if they should pull the plug. Thankfully, her mother refused. Actually, the only reason her mom was even aware that she was in the hospital was because Evelyn, a longtime family friend, had called and notified her. Most families of incarcerated individuals are not even notified when they are hospitalized.
There is no such thing as 911 in prison. Even if a prisoner is aware that they are having a medical emergency, they cannot call for outside help. They are at the mercy of prison employees and doctors, who seem to have no mercy at all.
Natalia now has the medical care she needs, but her conditions could have been prevented from ever occurring in the first place had she had the proper health care to begin with.
Not only that, but because Natalia spent nearly a year in the hospital, her jail sentence was added on to. This is why she spent a year longer in prison than Evelyn, even though they were sentenced for the same “crime.” As if being on life support is a vacation. Infuriating!!!!
Women Caught Up in Larger Actions of Men
One thing that all Evelyn, Natalia, and Stephanie all have in common is that they were incarcerated for playing extremely small, practically nonexistent roles in the illegal cannabis operations of men in their lives.
They said that this is a common thread among most women in prison-- especially those jailed for cannabis offenses.
It’s all backward-- instead of interviewing minor players in order to get at the kingpin of an illegal marijuana operation, our justice system nabs the kingpin first and then allows him to reduce his sentence for every minor player he names.
So it benefits the boss of the operation to turn in anyone that he ever interacted with regarding cannabis. And the women in his life suffer for it.
Trial Penalty
Because Evelyn, Natalia, and Stephanie were so confident in their innocence, they all refused to accept the original plea deal that was offered to them.
They did nothing wrong! So of course they decided to fight it in court. And they all regret it to this day.
By taking it to trial, they all received far harsher sentences than they were offered in the beginning. They were punished by choosing to defend their innocence.
Evelyn shared that she was offered a plea deal to serve two years in prison. Knowing she did not commit the crime she was accused of, she refused it and took it to trial. Her sentence when she was convicted at trial? 24 years. Twenty. Four. Years.
She had to give up her rights to an appeal in order to “only” serve 5 years instead of 24. For a crime she didn’t commit.
Innocent until proven guilty? This is a fallacy. These women, and so many like them, could have admitted to a crime they didn’t commit and receive a lesser sentence, OR defend their innocence in court, lose, and accept the inhumane, undeserved consequences. Neither of those options maintains their true innocence.
It’s essentially blackmail.
Re-entry into Society
In order to survive prison, you have to emotionally detach yourself from your family and anyone else on the outside.
But this makes returning to regular life and family responsibilities upon release extremely difficult, if not impossible.
Impact on Children
Evelyn shared that being incarcerated meant she had to give up all mothering of her daughter. Her daughter was four years old when Evelyn was convicted. She was so sure she would be acquitted she didn’t even get to say goodbye.
Evelyn was held in custody for 2 years before she was even sentenced. During those two years, she didn’t get to see her daughter at all.
After sentencing, her daughter was allowed to visit– but their relationship consisted of playing board games and eating snacks from the vending machine once a week.
Now that Evelyn is out, she is becoming reacquainted with her daughter. But it’s hard. Her child doesn’t really see her as her mother anymore. Because she wasn’t able to be there for her for so many years.
I’m honestly crying right now even thinking about it. I CANNOT imagine being forced to turn over all responsibility for my children to someone else.
No consideration is given to children or families when they dole out these insane sentences for cannabis “crimes.” WHY???
Jailing responsible parents and breaking up families does far more damage to our society than cannabis ever could.
Finding Employment
Another nearly insurmountable barrier that cannabis prisoners must endure upon release is the matter of finding a job. Being convicted of a felony is something that must be disclosed on every job application. So to even be given an interview is a feat in itself.
Stephanie can never return to her successful real estate career because she will forever be branded a “felon.” She now works as a barista and shared how incredibly vulnerable she felt at her first job interview.
It’s not right that these women will have to share details about the most painful time in their life every time they apply for a new job.
Helping find employment opportunities upon re-entry is another support that the Last Prisoner Project strives to provide.
“Business is Booming!”
Evelyn and Stephanie shared that during their time together in prison, they were sitting and watching the news one night. A segment came on about California’s cannabis industry– “Business is booming!” the newscaster cheerily shared.
They just had to laugh (bitterly). Here they were, serving a decade in prison for minorly participating in a now “booming” industry.
It’s beyond ridiculous that anyone is still stuck behind bars for selling or possessing a product that is now considered an “essential” item in our new economy.
Not only that, but anyone convicted of a cannabis “crime” is federally barred from participating in the cannabis industry, and not allowed to interact with the plant in any way.
Sarah emphasized that it is the duty of anyone working in the cannabis industry right now to support the release of cannabis prisoners and the rehabilitation of former prisoners in any way that we can.
We are truly standing on their backs as we build this new “booming” industry, and we need to include them in our success.
How are you helping?
Here are some ways those of us in the cannabis industry can support cannabis prisoners:
Listen to their experiences. While I tried to summarize this webinar the best I could, hearing these eloquent women speak for themselves about their experiences was truly moving and valuable. You can find the complete webinar here: https://www.youtube.com/watch?v=mSRlnU1i4D4&feature=youtu.be
Support the work of The Last Prisoner Project. There are many ways to get involved listed here: https://www.lastprisonerproject.org/get-involved
Hire cannabis prisoners upon their release. While many cannot work directly with the plant, they can work within the cannabis industry in other capacities, such as Evelyn who is a community engagement manager with Vertosa.
Speak up with your friends and family about the injustice of cannabis prohibition and incarceration.
✌💗🌿, E
