Nonviolent pot offender granted clemency by Gov. Kelly didn’t deserve 8-year sentence | Opinion

Deshaun Durham is a nonviolent marijuana offender serving an eight-year sentence at Hutchinson Correctional Facility in Kansas. He could be released from prison within 30 days, said his mother, Brandi Wishard.

But Durham never should have been sentenced to nearly a decade behind bars to start with. Kansas' archaic war on pot is just plain silly.

On Tuesday, Gov. Laura Kelly announced she'd granted clemency for seven individuals. Durham, 24, was among them.

Wishard, 45, of Manhattan, is a nurse at the Shawnee County Jail in Topeka.

"I'm sitting here crying," she said. "I can't believe he is on the list. Working in the system, I know how hard it is to get out."

Durham's release date is Dec. 6, Wishard told me.

"They have 30 days to process everything," she said Tuesday evening.

In April, I wrote about the unjust sentence Durham received for possessing about 1,000 grams of cannabis. That amounts to about 2.4 pounds of pot. In the column, I implored Kelly to consider Durham's clemency request. No one should be sent to prison for almost 10 years for a nonviolent drug offense — not even in Kansas, where cannabis is still illegal.

During my phone conversation with Wishard, I could hear the crack in her voice as we spoke. She cried. I tried to fight back tears but couldn't help but shed a few.

"I still believe your is what amplified his story and helped me get the right people in place to advocate for him," Wishard said.

Durham has been in state custody since May of 2022, according to Wishard. He was only 19 when authorities in Riley County raided his Manhattan apartment and found pot, court documents indicate. Durham eventually pleaded guilty to one felony count of possession of marijuana with intent to distribute, according to court records.

According to Wishard, Durham took a plea deal in the case expecting 36 months in prison. Instead, District Court Judge John Bosch of Riley County sentenced him to 92 months. The sentence defied any reasonable logic. Durham was a first-time offender without a violent criminal history and should have been given probation, according to guidelines set by the Kansas Sentencing Commission .

Based on independent reviews conducted by the Prison Review Board, the Kansas Department of Administration and Kelly's own legal team, the Kansas governor saw fit to right this grave injustice.

"Granting commutations and pardons is not something I take lightly," Kelly said in a press release announcing only her second round of clemency since 2021.

Kelly cut short the prison sentences of Durham and one other person and pardoned five others for their crimes.

"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," Kelly said.

Donte West is a formerly incarcerated individual also known as Donte Westmoreland. He spent nearly four years in a Kansas prison for possession of marijuana with intent to dispute In 2021, he was exonerated. Now an entrepreneur, West works with nonprofit Last Prisoner Project to advocate for other nonviolent cannabis offenders. In an email, West gave credit to Kelly for granting Durham an early release.

"Deshaun Durham is a prime example of how the time may not fit the crime," West wrote. "Gov. Kelly's administration has granted Deshaun the ultimate gift anyone can receive, which is freedom."

This year will mark Durham's first holiday season at home since he was sent to prison, a development Wishard is beyond thankful for. She added that she can't wait to wrap her arms around her son and give him a hug only a mother could.

Once Durham is home, one of the first things she plans to do is take him to a pro football game.

"He loves the Chiefs," she said.

My guess is Durham loves his second chance at freedom a great deal more.