A Rare Second Chance
On Friday morning, 24-year-old Deshaun Durham walked out of the Hutchinson Correctional Facility, embracing his family and supporters after receiving clemency from Kansas Governor Laura Kelly. His sentence, originally set to keep him incarcerated until 2030, was commuted, marking a significant victory for advocates of justice reform and cannabis legalization.
“It’s a surreal feeling,” Durham said. “I’ve learned my lesson, and I’m ready to move forward and create a better future.”
An Overwhelming Sentence for a Non-Violent Offense
In 2020, Durham, then 20, was arrested in Riley County for possessing 2.4 pounds of cannabis with intent to distribute. Despite being a first-time offender, Durham was handed a 92-month sentence in 2022—a punishment many deemed excessive for a non-violent offense.
Durham’s mother, Brandi Wishard, recalled her disbelief. “When he called me and said he got almost eight years, I thought he was joking. It was heartbreaking.”
Barry Grissom, former U.S. Attorney for Kansas and Durham’s legal advocate, emphasized the injustice of such a harsh sentence. “He was in prison alongside individuals convicted of far more serious crimes, doing much less time. It’s bad public policy and a waste of taxpayer dollars.”
Advocacy That Made a Difference
Durham’s clemency would not have been possible without the tireless efforts of Donte West and the Last Prisoner Project (LPP), an organization dedicated to freeing individuals incarcerated for non-violent cannabis offenses. West’s involvement began through a personal connection.
Governor Laura Kelly of Kansas & Donte West of Last Prisoner Project
“I was contacted by my former attorney, Chris Biggs,” West shared. “He mentioned that he came on at the end of cases with similar circumstances—same judge, same county, same sentence—and said if anyone needs help, it’s Deshaun.”
One major hurdle was convincing Governor Kelly to override the prison review board, which initially denied Deshaun clemency. “The presentation had to be compelling,” West explained. “That meant demonstrating statistics and a low chance of recidivism to show Deshaun was worthy of clemency.”
Governor Kelly’s decision to grant clemency highlights a growing bipartisan conversation about cannabis reform. As Grissom put it, “Her courage and wisdom in addressing Deshaun’s case set a precedent for how Kansas can evolve.”
Life Behind Bars
Durham’s two-and-a-half years in prison were challenging but transformative. Adjusting to the harsh realities of incarceration tested his resilience.
“There’s definitely tough characters in prison, and it can change you for the worse,” Durham shared. “But I was fortunate to meet good people who helped shape me into who I am today.”
Durham learned to navigate the prison environment while reflecting on his choices and planning for a better future. His experience reinforced his belief that non-violent cannabis offenders do not belong behind bars.
The Road Ahead
As a free man, Durham is eager to rebuild his life. His first goals? Enjoy non-prison food, attend a Kansas City Chiefs game, and reconnect with loved ones, including a niece born during his incarceration.
More importantly, Durham is determined to pay his experience forward. “I want to help others in prison for similar offenses,” he said. “Without the support I had, I’d still be serving my sentence.”
West emphasized the significance of Deshaun’s case as a model for reform. “With a case like Deshaun, it shows the formula works,” West said. “We’re seeing cannabis sentences become a conversation among Republicans and Democrats. Laws are changed through storytelling. Sometimes, lawmakers need a reminder of exactly what they’re passing. It’s surprising how many legislators don’t know.”
Durham plans to pursue welding school and start a family while advocating for justice reform. He’s already aligning himself with the Last Prisoner Project to amplify his message and fight for others like him.
“There are many Deshauns behind those walls,” West said. “We’re inspired to find and fight for the next case.”
A Call for Reform
Durham’s case underscores the urgent need for cannabis policy reform in Kansas. While neighboring states have embraced legalization, Kansas continues to enforce outdated laws that disproportionately affect young people and communities of color.
Grissom advocates for a shift in perspective: “We should regulate cannabis like alcohol—license it, tax it, and ensure it isn’t sold to minors. Let’s focus on real public safety issues instead of prohibition.”
