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Case Result
Deshaun Durham | Manhattan, Kansas 

State of Kansas vs Deshaun Durham
County : Riley County 
Offense: Possession with intent to distribute 
Amount : 2 pounds 
Defendant outcome : Plea Deal 
Sentence: 96 months 
Admission Year : 2022
Year Released : 2024
Foundation Outcome : Sentence commutation Granted by Governor Laura Kelly through executive clemency. 

Update: Deshaun Durham has been accepted into the University of Kansas to attend law school. He currently works for The Forgotten Prisoner as an advocate and research analyst. 

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Deshaun T. Durham is from Manhattan, Kansas, whose case became one of the most widely discussed examples of harsh cannabis sentencing in the modern era. His story drew national attention because he received nearly eight years in prison for a first-time, nonviolent cannabis offense in a state where marijuana prohibition laws remain among the strictest in the United States.

 

Durham was arrested in 2020 at the age of 20 after law enforcement discovered approximately 2.4 pounds of cannabis. Prosecutors charged him with possession with intent to distribute, a felony offense under Kansas law. Despite having no prior criminal record, Durham ultimately received a 92-month prison sentence (nearly eight years) — a punishment that many advocates argued was grossly disproportionate for a nonviolent cannabis case.

 

At the time of his sentencing, much of the United States had already begun shifting toward cannabis reform. Several states had legalized cannabis for adult use, while many others treated similar quantities as either a misdemeanor or a regulated commercial activity. Durham’s sentence therefore became symbolic of the growing divide between states that had reformed cannabis laws and those that continued enforcing prohibition-era penalties.

 

Durham was sentenced in Riley County, Kansas, by the same judge who had previously sentenced Donte West in a separate cannabis case years earlier once released, West was contacted by Attorney Chris Biggs to help Durham file his clemency petition. This connection later became notable as West emerged as a national advocate for cannabis justice and would ultimately play a role in broader efforts to highlight cases like Durham’s.

 

Following his conviction, Durham was transferred to the Hutchinson Correctional Facility, one of the largest prisons in Kansas. During his incarceration, Durham served more than two and a half years behind bars. While in prison, he maintained a strong disciplinary record and continued working toward personal development despite the circumstances of his incarceration.

 

As his case gained attention, advocates began raising concerns that the sentence represented a clear example of excessive punishment for a nonviolent cannabis offense. His situation attracted support from criminal justice reform advocates, attorneys, and national cannabis justice organizations who argued that his sentence reflected outdated policies from the era of the War on Drugs.

 

After a sustained clemency campaign, Kansas Governor Laura Kelly commuted Durham’s sentence in December 2024, allowing him to be released from prison early before Christmas. The decision was particularly significant because the Kansas Prison Review Board had previously denied his clemency application, making the governor’s intervention a rare exercise of executive clemency in a cannabis case.

 

Durham’s release was widely viewed as an important milestone in the broader movement for cannabis justice in Kansas, a state where marijuana remains illegal and where clemency for cannabis offenses has historically been rare.

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The Forgotten Prisoner at MJ BizCon 2025 in Las Vegas with Dead Prez 

 

Since returning home, Durham has dedicated himself to advocacy and reform efforts aimed at preventing others from experiencing the same outcome. He now works with The Forgotten Prisoner, where he serves as an Advocate and Research Analyst.

 

In this role, Durham contributes to:

    •    Identifying and researching incarcerated cannabis prisoners across the United States

    •    Documenting cases for clemency, resentencing, or legal review

    •    Providing insight into prison conditions and the challenges individuals face during incarceration and reentry

    •    Supporting advocacy efforts aimed at reforming outdated cannabis sentencing laws

 

His lived experience provides the organization with a powerful perspective on how prohibition-era policies continue to affect individuals and families across the country.

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NFL Hall of Famer Calvin Johnson gives award to Deshaun Durham in New York

 

Durham’s story illustrates the human impact of cannabis prohibition and highlights the urgent need for continued reform. From incarceration to advocacy, his journey represents the growing movement of formerly incarcerated individuals who are now working to ensure that no one else is imprisoned for cannabis.

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The Forgotten Prisoner is an international humanitarian justice organization dedicated to securing sentence commutation, compassionate release, and restorative reentry support for individuals incarcerated for cannabis offenses around the world.

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