Day 2 of the nuggnotes Cannabis Prisoner Series. Every day, we tell the story of someone still incarcerated in the United States for a nonviolent cannabis offense. After beginning with Edwin Rubis, today's story turns to Louisiana, where 44-year-old Kevin O'Brien Allen remains in prison for two marijuana sales totaling $20. His original punishment was life without parole. That sentence was overturned, but Allen is still serving 35 years at hard labor for a case involving two $10 transactions.
Two Marijuana Sales, $20 Total
Kevin O'Brien Allen's case began with two marijuana transactions involving a confidential informant in Bossier Parish, Louisiana. The first sale took place on December 27, 2012. The second occurred on March 13, 2013. Each transaction involved $10 worth of marijuana, bringing the combined value to $20. In 2014, Allen was convicted on two counts of distribution of marijuana under Louisiana Revised Statutes 40:966 in the state's 26th Judicial District Court. The court initially sentenced him to 10 years at hard labor for each count, with the sentences running concurrently. That meant the original punishment was a 10-year prison term. But the case did not end there.
How a 10-Year Sentence Became Life Without Parole
Following his conviction, prosecutors pursued sentencing under Louisiana's habitual-offender law. Allen was adjudicated a fifth-felony habitual offender. His previous convictions involved nonviolent drug offenses. He has never been convicted of a violent crime. Nevertheless, the habitual-offender designation triggered a mandatory life sentence without the possibility of parole. The punishment transformed a 10-year sentence for two marijuana sales into a sentence that would have kept Allen incarcerated for the remainder of his life. The underlying marijuana transactions had not changed. Their combined value remained $20. What changed was the punishment imposed under the state's repeat-offender sentencing provisions. Allen's case became an example of how habitual-offender laws could produce extraordinarily severe sentences for nonviolent drug convictions.
The Louisiana Supreme Court Overturned His Life Sentence
The Louisiana Supreme Court’s per curiam opinion in State v. Allen, No. 2022-KP-00508 (Nov. 1, 2022), via FindLaw — the ruling that vacated Allen’s life sentence.
Allen challenged the punishment through the courts. On November 1, 2022, the Louisiana Supreme Court issued a decision in State v. Allen, Case No. 2022-KP-00508. The court vacated his life sentence. Its decision addressed ineffective assistance of counsel during the habitual-offender sentencing proceedings and found the life sentence constitutionally excessive as applied to Allen. The ruling was a major development in his case. After years under a life-without-parole sentence, Allen no longer faced that punishment. However, the Supreme Court did not overturn his underlying marijuana distribution convictions or order his release. Instead, the case was returned to the lower court for further proceedings and resentencing. The decision removed the life sentence but left Allen facing another substantial prison term.
Life Was Overturned. The New Sentence Was 35 Years.
On May 31, 2023, following the Louisiana Supreme Court's ruling, the trial court resentenced Allen to 35 years at hard labor, with credit for time served. Although considerably shorter than life without parole, the new sentence still meant decades of incarceration for the two marijuana distribution convictions. Allen challenged the resentencing, but the Louisiana Court of Appeal, Second Circuit, affirmed the 35-year sentence on May 22, 2024. As a result, the reduced punishment remained in place.
The legal outcome illustrates the difference between overturning an excessive sentence and securing someone's freedom. Allen successfully challenged the life sentence that had been imposed through the habitual-offender proceedings. But the result was not release. It was a new 35-year sentence.
Twelve Years Later, Kevin Allen Is Still In Prison
Allen is now 44 years old. He was convicted in 2014, more than 12 years ago, and his 2023 resentencing included credit for time already served. He remains incarcerated at Allen Correctional Center in Kinder, Louisiana. His custody status is documented through Louisiana's VINELink system, which lists him in the custody of the Louisiana Department of Corrections (record verified November 7, 2026). The Last Prisoner Project also confirms that Allen remains incarcerated and is serving the 35-year sentence. His case is part of the organization's #FreeKevinAllen campaign, which advocates for his freedom. The campaign highlights the severity of his punishment for nonviolent marijuana distribution convictions. Despite the successful challenge to his original life sentence, Allen remains behind bars.
Parole Eligibility Arrives in 2026
According to the Last Prisoner Project, Allen was expected to become eligible for parole during 2026. The organization has not published an exact eligibility date or a confirmed parole decision. That eligibility represents another potential turning point in his case. However, eligibility does not guarantee release. As of this report, no public outcome from a 2026 parole hearing has been verified, and no hearing result has been made public. His documented status remains incarcerated, serving a 35-year sentence. The Last Prisoner Project's campaign provides a way for supporters to follow developments as his case continues.
Kevin Allen's case began with two marijuana sales worth $10 each. Those transactions resulted in two distribution convictions, an initial 10-year sentence and, through Louisiana's habitual-offender law, a mandatory life sentence without parole. In 2022, the Louisiana Supreme Court found that life sentence constitutionally excessive as applied to his case and ordered resentencing. But the new punishment was still 35 years at hard labor. Allen has never been convicted of a violent crime. His prior convictions were nonviolent drug offenses, and the marijuana sales underlying this case totaled just $20. More than 12 years after his conviction, he remains in a Louisiana prison, with parole eligibility expected during 2026, according to the Last Prisoner Project. His case demonstrates how the consequences of nonviolent cannabis convictions can extend far beyond the original offense, even after a court overturns an extreme sentence.
For Kevin Allen, the life sentence was vacated. His incarceration continues.
How to Help
The Last Prisoner Project is organizing support for Kevin Allen through its #FreeKevinAllen campaign.
Sign the petition and follow his case: Visit lastprisonerproject.org/freekevinallen for the campaign, petition and updates about his incarceration and parole eligibility.
Write Kevin a letter: The Last Prisoner Project operates a letter-writing program at lastprisonerproject.org/takeaction. Allen is incarcerated at Allen Correctional Center in Kinder, Louisiana. Supporters can visit the Last Prisoner Project's letter-writing program for instructions. Before mailing correspondence directly to Allen, confirm his current facility, identification number and mailing requirements — his Louisiana DOC number has not been verified for publication.
Support the advocacy campaign: Follow the Last Prisoner Project's official channels for opportunities to support Allen and other people incarcerated for cannabis offenses.
No verified personal fundraiser or GoFundMe has been identified for Allen. Support should be directed through the Last Prisoner Project's established programs.
Sources
State v. Allen, 348 So. 3d 1274. Louisiana Supreme Court, No. 2022-KP-00508, 1 Nov. 2022. Primary judicial record. Documents Allen's marijuana distribution convictions, the two $10 sales, the habitual-offender proceedings, the mandatory life-without-parole sentence and the Louisiana Supreme Court's decision to vacate that sentence. Full opinion via FindLaw.
State v. Allen. Louisiana Court of Appeal, 2016, 206 So. 3d 1093. Original appellate record. Provides the earlier procedural and sentencing history of Allen's marijuana distribution case.
State v. Allen, 388 So. 3d 549. Louisiana Court of Appeal, Second Circuit, May 22, 2024. Full appellate opinion. Documents the May 31, 2023 resentencing (35 years at hard labor, with credit for time served) and the court's affirmance of that sentence.
Last Prisoner Project. "#FreeKevinAllen." lastprisonerproject.org/freekevinallen. Advocacy and current-status source. Confirms Allen's continued incarceration, his 35-year sentence and his reported parole eligibility in 2026. Also provides the petition and campaign updates.
"Kevin O Allen." VINELink Louisiana Custody Record, Louisiana Department of Corrections, Allen Correctional Center, Kinder, Louisiana. Custody verification source. Identifies Allen as incarcerated under the Louisiana Department of Corrections at Allen Correctional Center in Kinder (record verified November 7, 2026).
Cover photo: Kevin Allen, via the Last Prisoner Project’s #FreeKevinAllen campaign.
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