Cannabis Sentencing Enhancements: Victoria Cvitanovic on the Justice Issue Few People Are Talking About

Cannabis Sentencing Enhancements: The Justice Issue Few People Are Talking About

When most people talk about cannabis prison reform, the conversation usually centers on the people currently incarcerated for possession or distribution. But according to attorney Victoria Cvitanovic, that’s only part of the story.

In this episode of The Canna Boss Babes Podcast, Victoria returns to speak with host Ishqa Hillman about a lesser-known but deeply consequential issue in the criminal justice system: cannabis sentencing enhancements, often referred to as “multiple billing.” These legal mechanisms allow courts to extend prison sentences based on a person’s past convictions—even when those convictions involved cannabis decades earlier.

For many advocates, this conversation reveals a hidden layer of the drug war that continues to shape lives long after cannabis laws begin to change.

What Are Cannabis Sentencing Enhancements?

Cannabis sentencing enhancements occur during the penalty phase of a criminal case. Once a person is found guilty of a crime, the court determines what punishment should apply. One of the factors commonly considered is criminal history.

In many states, prosecutors can request a longer sentence if a person has prior convictions. This process is often formalized through statutes known as sentencing enhancements or “multiple billing.” Essentially, a new crime may carry additional punishment not because of the current offense alone, but because of what someone did in the past.

Victoria explains that this system was originally designed as a deterrent for repeat offenders. In theory, it was meant to protect communities by increasing penalties for individuals who repeatedly break the law. In practice, however, these policies have often swept far more broadly than lawmakers anticipated.

For example, a prior cannabis conviction from years earlier can be used to increase the sentence for a completely unrelated crime today.

"More people are in prison because of cannabis than most people realize."

The Hidden Impact of Past Cannabis Charges

One of the most striking insights from this conversation is how cannabis convictions often remain buried inside broader criminal records. In many states, charges are filed under general controlled substance laws rather than specifying the substance itself.

That means someone’s record may simply show a “Schedule I drug offense” rather than identifying cannabis specifically. When courts review a defendant’s criminal history, those distinctions can be overlooked or misunderstood.

As Victoria explains, this can result in harsher penalties that extend incarceration for years or even decades.

Advocates frequently hear statistics claiming that very few people are currently incarcerated for cannabis. But those numbers often exclude individuals whose sentences were extended because of prior cannabis convictions. In other words, the plant may not appear on their paperwork today, but it still played a role in why they remain behind bars.

Why Cannabis Sentencing Enhancements Matter for Reform

The conversation also raises a broader question about how the criminal justice system measures accountability and fairness. If someone committed a minor cannabis offense years ago, should that decision follow them indefinitely through the courts?

Victoria acknowledges that the issue is complicated. Some lawmakers argue that repeat offenses justify longer sentences in order to protect public safety. Others question whether punishment for past behavior should continue shaping someone’s future decades later.

For advocates working toward cannabis justice, this debate highlights a critical gap in the reform movement.

Many policy discussions focus on decriminalization or legalization going forward. But Victoria warns that these reforms do little to address the long-term consequences of past convictions.

People who were prosecuted during earlier eras of prohibition may still face enhanced penalties today. Even if laws change tomorrow, those previous convictions can continue influencing sentencing decisions across an entire lifetime.

"Justice reform can’t stop at legalization. It has to address the consequences that already exist."

Who Is Victoria Cvitanovic?

Victoria Cvitanovic is an attorney and former prosecutor who now focuses on criminal justice reform and psychedelic law. Earlier in her career, she worked inside district attorney offices where she saw firsthand how sentencing enhancements and multiple billing affected defendants.

Over time, witnessing the outcomes of those policies reshaped her perspective on justice and reform. Today, she speaks publicly about how sentencing practices influence incarceration rates and why greater transparency is needed in conversations about the drug war.

Her work emphasizes education—helping advocates understand the legal structures that quietly shape prison populations.

The Conversation We Still Need to Have

Perhaps the most important takeaway from this episode is that cannabis reform is far more complex than legalization alone. While new laws may reduce future arrests, they do not automatically resolve the consequences of past enforcement.

Sentencing enhancements remain embedded in many state legal systems, and their impact is rarely discussed in public conversations about the plant.

Victoria encourages advocates to learn how sentencing laws operate in their own states and to consider how those systems continue to affect communities today.

The path toward justice may not be simple, but it begins with understanding the full picture.

If we want meaningful reform, we have to start asking better questions about how the system works—and who it continues to impact.

Catch the full conversation with Victoria Cvitanovic on The Canna Boss Babes Podcast, available on YouTube and at thecannabossbabes.com.