Today, Deshaun T. Durham, a 24-year-old Kansas resident sentenced to 92 months in prison for a first-time cannabis offense, was released from Hutchinson Correctional Facility. This commutation by Governor Laura Kelly is a rare decision to overturn the Kansas Prison Review Board’s rejection of Durham’s clemency application and bring him home for the holidays. After almost 3 years of incarceration and tireless advocacy from the Last Prisoner Project, Deshaun is now free.
Upon his release this morning, Deshaun said, “You know, it is kind of unexpected. This is the best month of my life right here. Today is a big victory in the barbaric and senseless war on a scientifically-proven medicinal plant, cannabis.”
Now reunited with her son, Brandi Davis, who tirelessly advocated for her son’s release said, "Today is the day I’ve prayed for since the moment Deshaun was taken from us. Seeing my son walk out of those prison gates is the best gift I could dream of. I want to thank Governor Kelly for her compassion and the Last Prisoner Project for their unwavering support in bringing Deshaun home. No family should have to endure the pain of losing a loved one to an unjust system. This holiday season, our family is whole again, and I hope other governors and the President will follow Gov. Kelly’s lead. All it takes is the stroke of a pen to right history.”
Standing alongside Deshaun and his family were Last Prisoner Project’s Donte West, a Kansas cannabis exoneree and advocacy associate, and former U.S. Attorney Barry R. Grissom, who served as Deshaun’s attorney. In his role with Last Prisoner Project, West has helped raise awareness for people like Durham, who face disproportionately severe sentences for cannabis-related offenses. Meanwhile, Grissom has been fighting for cannabis legalization at the state level with the Kansas Cannabis Coalition while he helps fight cases like Deshaun’s in court through his pro bono efforts with LPP.
“The greatest gift you can give anyone is freedom,” said Donte West. “Governor Kelly’s clemency reflects her recognition that people like Deshaun don’t belong behind bars for unjust cannabis charges."
“We want to thank Gov. Kelly for her courage and wisdom in granting Deshaun a second chance. Unfortunately, Deshaun’s plight is nothing new in Kansas as long as our legislators hold to outdated beliefs related to cannabis,” said Barry Grissom. “It’s time for Kansas to follow the lead of our sister states at administering good public policies which don't criminalize the possession, use and production of a product that should be highly regulated and taxed just like alcohol. To fail to do otherwise means taxpayer dollars are wasted on investigation, interdiction, prosecution and incarceration of individuals, thereby depriving law enforcement from utilizing those funds for more meaningful law enforcement measures to keep us safe in our communities.”
When commuting his sentence, Governor Laura Kelly said “Granting commutations and pardons is not something I take lightly. By vetting numerous applications through a careful and thorough process, it was determined that these individuals have demonstrated their commitment to making amends and positively contributing to society. In cases where a disproportionally harsh sentence is imposed or a miscarriage of justice exists, commutation can be a tool to ensure reasonable action and a fairer sentence. In extraordinary cases where the criminal justice system failed to account for mitigating factors surrounding an individual’s alleged crime throughout the legal process, including sentencing, commutations can give a second chance to individuals experiencing incomprehensible circumstances at the time of their offense.”
LPP is grateful for all those who championed Deshaun’s case, especially musician and advocate Melissa Etheridge, who sent a personal appeal to the Governor on Deshaun’s behalf earlier this year. "I’m overjoyed to hear that Deshaun Durham is going home to his family this week," said Melissa Etheridge. "Huge gratitude to Kansas Governor Laura Kelly for her wisdom and care in recognizing the disproportionate nature of Deshaun’s sentence, and granting him a commutation. This kind of advocacy by the Last Prisoner Project is why I’m so proud to be one of their Ambassadors."
LPP commends Gov. Kelly’s commitment to justice. By advancing commonsense clemency actions like her commutations of Deshaun Durham and Joseph Agrillo in 2021, Gov. Kelly is setting an example for other governors, even in a state with no medical or adult-use cannabis legalization policy. LPP looks forward to working with her administration to continue to fight for all those who have been impacted by the harms of cannabis criminalization in Kansas. Tell your governor to follow Gov. Kelly’s lead by sending a letter today!
