Ben & Jerry’s Backs 420 Clemency Push, Supports Virginia Bill

RICHMOND, Va. –Ben & Jerry’s ice cream company has voiced support for Virginia legislation that modifies sentencing for marijuana-related offenses.

The company reached out to the Last Prisoner Project in 2025 and launched “420 For Freedom,” a national clemency initiative urging state governors to issue pardons and sentence adjustments to those impacted by marijuana criminalization.

The campaign advocates for Virginia Senate Bill 62, which would establish a process for approximately 1,357 people to receive an automatic hearing to reconsider their sentence, according to a fiscal analysis of the bill. It applies to individuals who are incarcerated, on probation, or under community supervision through July 1, 2026 for offenses that occurred before July 1, 2021. The bill would sunset in July 2029.

The governor made recommendations to the bill that change the January 1, 2027 deadline of when a court must schedule a hearing for certain offenses, to instead requiring that the defendant file a petition for a hearing by that date. Another recommendation removes the requirement that a hearing be held by April 1, 2027.

This legislation has been introduced every session since 2022, however it did not advance from committee until last year. House Bill 2555 made it to the previous Gov. Glenn Youngkin’s desk, but was ultimately vetoed in 2025.

A ‘sweet’ duo

The nonprofit Last Prisoner Project, founded in 2019, provides nationwide legal relief to those impacted by marijuana offenses that are no longer criminalized and advocates for policies supporting cannabis decriminalization. They do so through policy work, constituent support and legal intervention.

Bringing digital awareness to social media can be a resource for addressing issues. Adrian Rocha, policy director for the organization, said Ben & Jerry’s was one of the first partners interested in not dictating what the campaign should be, but rather how they could use their platform to spread their message.

The company wanted to know how to bring the message forward, so that residents are not only aware of legislation like SB 62, but also actively engaged in support of it.

“The amount of individuals who are interested in cannabis criminal justice versus the amount of people who are interested in Ben & Jerry’s is a small comparison,” Rocha said.

Over 50,000 constituents across the U.S. signed letters to their governors urging for cannabis justice throughout the year-long campaign, according to the Last Prisoner Project website.

Reding into SB 62

Rocha said the sentence modification process for SB 62 is an evidence-based model implemented from other successful frameworks used in states like Minnesota, California and New Mexico.

“This isn’t a get out of jail free card,” Rocha said. “It’s not like the governor or judge waves a magic wand and everybody automatically goes free.”

Modification starts with a case being redocumented in the court that entered the original judgment.

A judge reviews the case to see if the individual’s record would be of any concern, given the current state of legalization or marijuana laws. The judge determines if the individual served enough time or if their sentence should be shortened due to unjust verdicts, according to Rocha.

Ben & Jerry’s advocacy and the Last Prisoner Project’s mission intersect with racial justice and make it clear their work has centered on combatting a disproportionate impact of convictions.

Black people in Virginia are 3.4 times more likely than white people to get arrested for marijuana-related offenses, despite making up about 20% of the state’s population, according to an analysis by the American Civil Liberties Union.

Rocha said that since Virginia decriminalized cannabis in 2021, there has not been enough focus on how to help individuals with an existing criminal record.

“To actually say, ‘now that we’ve undone the harms going forward, what about the individuals who have already been impacted by the criminal legal system because of the criminalization of cannabis?’” Rocha said.

The community impact of marijuana-related convictions is an important part of the conversation, he said.

“What you can’t put a number on is the impact it has on families who are getting their father back or getting their mother back, their son, their daughter, their niece, their nephew,” Rocha said.

In recent years, both President Donald Trump and former President Joe Biden issued cannabis-related commutations, according to Rocha.

Ben & Jerry’s also had their own federal initiative since 2022 named “Legalization Without Justice is HALF BAKED”, urging the U.S. Senate to take action on cannabis justice for those convicted.

‘Interlinked’ with cannabis marketplace

The governor also recommended changes that delay sales of recreational cannabis in Virginia by six months, with a proposed start on July 1, 2027.

Sen. Lashrecse Aird, D-Petersburg, sponsored Senate Bill 542, identical to House Bill 642, which will establish the retail cannabis market. Aird said this piece of legislation and SB 62 are “intrinsically interlinked.”

Although Virginia legalized possession, adults still did not have an avenue to legally purchase marijuana, or even seeds, Aird said. The only route was to apply for a medical card.

“You can possess, but you can’t purchase; it leaves adult users operating in a bit of a gray area,” Aird said.

The bills allow incarcerated or convicted individuals to participate in the cannabis marketplace. Those who have been convicted of marijuana-related offenses will be able to apply for “impact licenses.”

Their sentences need to be modified so they are no longer penalized for the possession or purchase of marijuana, according to Aird.

“Part of this marketplace is deliberately and intentionally carved out for impacted licensees,” Aird said.

Hearings will happen quickly before the cannabis marketplace opens so that previously convicted persons can apply, according to Aird.

The General Assembly reconvenes on April 22 to review the governor’s recommendations and legislative vetoes.

By Alessandra Caceres Mendoza/VCU Capital News Service

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