Cracking the racial disparity for cocaine sentencing center. In a statement in the congressional record, breaux said he was honestly shocked to learn of the sentencing disparity between crack and powder cocaine. Despite the fact that the chemical structure of powder cocaine and crack cocaine is nearly identical, the punishment for crack possession or sales is far greater than that of cocaine. The quantity distinction has also resulted in a massive sentencing disparity by race, with african americans receiving longer sentences than the mostly white and. The antidrug abuse act of 1986 setup a basic framework for drug related mandatory minimum sentences. To be hit with the same charge, powder cocaine users needed to be caught with 500 grams. Cracking the racial disparity for cocaine sentencing. Attempts to change the disparity edit legal challenges edit.
Crack cocaine sentencing policy prison policy initiative. Because crack and powder cocaine are two forms of the same drug, there should not be any disparity in sentencing between crack and powder cocaine offenses the only truly fair ratio is 1. The ussc also adopts the 100to1 ratio in the federal sentencing guidelines for crack offenses. Cocaine is typically snorted, and crack is typically smoked. Whereas, proposals to remove the federal mandatory minimums for crack and powder cocaine, and to otherwise eliminate the disparity for crack and powder cocaine by sentencing crack in the same manner that powder cocaine is currently sentenced, would threaten efforts to investigate and prosecute significant and violent drug offenders that deal. The senate crime and drugs subcommittee will hold a hearing to discuss crack. Basically, for sentencing purposes in the federal system, the relevant statute 21 u. Similarly, those carrying ten grams of crack cocaine faced a. The amount of powder cocaine necessary to trigger the sentence is still five kilos. Now, the ten year sentence is triggered by 280 grams of crack instead of 50. Support for reducing the disparity with powder cocaine offenders increased with reports beginning in 2002 by the u. The antidrug abuse act of 1986 the 1986 act initiated the disparate treatment between crack and powder cocaine. Both would end the disparity between powder and crack cocaine sentences.
Disparity in sentencing for crack vs powder cocaine. The legislation also eliminates the mandatory minimum for simple possession of crack cocaine. The new law significantly reduces the cocaine sentencing quantity disparity from 100 to 1 to 18 to 1 by raising the quantity of crack cocaine necessary to trigger the five and tenyear mandatory minimum sentences first set in 1986. New rules slashing crack cocaine sentences go into effect cnn. The house of representatives passed a bill on wednesday that would reduce the disparities between mandatory federal sentences for crack and powder cocaine violations, a. Powder cocaine use is more evenly spread among ethnic backgrounds, and more white americans have tried powder cocaine than black americans. Clinton signs bill to disapprove of equalizing crack. Until 2010, this sentencing disparity was 100 to 1, which means that while just 5 grams of crack would carry a 5year mandatory minimum. Keith ellison spent 16 years as a trial lawyer dealing with hundreds of cases involving cocaine arrests. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a. An end to crackpowder cocaine sentencing disparity. Famm supported that reform, the fair sentencing act fsa.
Whereas, the fiveyear federal mandatory minimum sentencing amount for cocaine base hereinafter crack is five grams and the corresponding amount for cocaine hydrochloride hereinafter powder cocaine is 500 gms. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a minimum 5year federal prisonsentence, while distribution of 500 grams of powder cocaine carries the same 5year mandatory minimum sentence. So, the federal law still imposes a different and harsher sentence for crack cocaine possession than it does for powder cocaine possession, but the disparity is not nearly as great as under the 1986 act. The federal government sought to crack down on the problem by implementing severe prison sentences for those people caught dealing crack cocaine.
The disparity started in the 1980s, when crack cocaine started to ravish urban black communities in america. Sentencing commission statistics show that 29 percent of all crack cases from october 1, 2008, through september 30,2009, involved a weapon, compared to 16 percent for powder cocaine. Crackpowder sentencing disparity reduced by congress huffpost. This guide highlights the incredible breadth, depth and reliability of government information on this topic. Jul 28, 2019 the 100to1 crack cocaine to powder cocaine quantity ratio is a primary cause of the growing disparity between sentences for black and white federal defendants, the commission wrote. To be charged with a felony, crack users needed to possess only 5 grams of the drug. The 1986 law created a 100 to 1 disparity between the sentencing guidelines for crack and powder cocaine. Activists argue that the current rules are too harsh. The public, and members of congress, believed that crack was more addictive and dangerous to the public due to the fast, intense high that smoking it gives. For more information on federal laws on cocaine possession, see cocaine.
Sentencing commission calling for congress to change the crack cocaine law. Now that disparity is being reduced from 100to1 to 18to1. American drug laws make it pretty clear that our legal system thinks crack is extra whack. Holly mitchells senate bill 1010, which would reduce the sentence for possession of crack cocaine for sale from 35 years to 24 years, thus matching the penalties for powder. Socioeconomically disadvantaged adults are more likely to use crack over powder cocaine, and are thus more likely to be subject to arrest. In 2010, president obama signed the fair sentencing act, which reduced the federal penalty ratios from 100. Regardless of changes in the federal law, a charge of. The fair sentencing act amends existing laws by increasing the amounts of crack that trigger these penalties, from five grams to 28 grams for fiveyear minimum sentences and from 50 grams to 280 grams for tenyear minimum sentences.
Federal crack cocaine sentencing the sentencing project. What is the difference between crack and powder cocaine in. Before this law was passed, the united states had a 100to1 crack to powder cocaine sentencing disparity. Data show racial disparity in crack sentencing us news. Why are crack cocaine sentences longer than those for powder. Jul 29, 2010 the house of representatives passed a bill on wednesday that would reduce the disparities between mandatory federal sentences for crack and powder cocaine violations, a step toward ending what. Dec 27, 2008 basically, for sentencing purposes in the federal system, the relevant statute 21 u. Some experts believe crack is more likely to be abused because of its brief high and low. Congress moves to narrow sentencing disparities for crack and. C 841 treats one gram of crack cocaine as equivalent to 100 grams of powder cocaine. This 100to1 disparity has frequently been cited by drug war opponents. May 25, 2011 under the current law, crack users possessing only 5 grams of the drug are charged with a felony to get the same charge, powder cocaine users have to be caught with 500 grams.
This 100to1 disparity has frequently been cited by drug war opponents as exhibit a to buttress their claim that drug laws are racist. Congress compounded the inequity by making crack cocaine the only drug that carries a mandatory minimum sentence for possession, even for firsttime offenders. The sentencing disparities between crack and cocaine attn. The fair sentencing act of 2010 fsa, enacted august 3, 2010, reduced the statutory penalties for crack cocaine offenses to produce an 18to1 cracktopowder drug quantity ratio. The fsa eliminated the mandatory minimum sentence for simple possession of crack cocaine and increased statutory fines. Since the law went into effect, the ratio dropped to 18to1. Today, states maintain sentencing disparities between crack and powder cocaine offenses. For example, the possession of 2 ounces of crack cocaine carried a 10 year mandatory minimum jail sentence, compared to 179 ounces of powder cocaine for the same penalty. Many inmates are being released starting tuesday, thanks to changes easing the disparity between crack and powder cocaine sentences. New rules slashing crack cocaine sentences go into effect. Senator dick durbin, the sentencing disparity between crack and powder cocaine has contributed to the imprisonment of african americans at six times the rate of whites and to the united states position as the worlds leader in incarcerations. Africanamericans now serve virtually as much time in prison for a drug offense 58. Cocaine is generally found in white powder form, and crack is found in a rock form that is generally white, cream, tan, or light brown. A 2010 federal law rectified some, though not all, of the sentencing disparities.
For instance, there are federal guidelines ensuring that people who get caught with crack are sentenced more harshly than those who are caught with powder cocaine. Crackpowder sentencing disparity reduced by congress. President obama signed a new law tuesday that closes a decadesold gap in federal sentencing that led to much stiffer penalties for crack cocaine cases than ones involving powder cocaine. Jun 11, 2016 in the mid 80s, congress passed the antidrug abuse act of 1986.
Aug 03, 2010 support for reducing the disparity with powder cocaine offenders increased with reports beginning in 2002 by the u. This disparity between crack and powder cocaine was driven by fear, instead of by research, of the intensity and perceived dangers of crack. Congress is considering a bill to change drug laws that punish crack cocaine violations more severely than those for powder cocaine. Nov 01, 2011 many inmates are being released starting tuesday, thanks to changes easing the disparity between crack and powder cocaine sentences. Some 2020 democratic candidate argue that the sentencing disparity between crack cocaine and powder cocaine, which now sits at 18to1. Under the current law, crack users possessing only 5 grams of the drug are charged with a felony to get the same charge, powder cocaine users have to be caught with 500 grams. The sentencing disparity for dealing crack and powder cocaine was 100 to 1.
This article was prepared by s 501c4 lobbying nonprofit, the drug reform coordination network, which also pays the cost of maintaining this website. New drug law narrows crack, powder cocaine sentencing gap. Before this law was passed, the united states had a 100to1 cracktopowder cocaine sentencing disparity. For example, possession of just 5 grams of crack cocaine about a thimble full triggers a five year mandatory minimum sentence.
Some 2020 democratic candidate argue that the sentencing disparity between crack cocaine and powder cocaine, which now sits at 18 to 1, should be eliminated entirely. Crack cocaine sentences have long been much more harsh than those for powder cocaine. Why are crack cocaine sentences longer than those for. Regrettably, the majority opted instead to perpetuate these discriminatory laws by passing and reporting out h. Sentencing disparity primary sources topics in criminal. Whites get probation, blacks get a decade behind bars.
What is crack cocaine differences between crack and cocaine. This disparity between crack and powder cocaine was driven by fear, instead of by research, of the intensity and perceived dangers of crack cocaine. Clinton signs bill to disapprove of equalizing crackpowder. The 1986 antidrug abuse act mandated a minimum sentence of five years without parole for possession of 5 grams of crack cocaine while it mandated the same penalty for possession of 500 grams of. Five grams of crack and 500 grams of powder cocaine now trigger a 5year mandatory minimum. Regardless of changes in the federal law, a charge of crack or powder cocaine is a very serious charge. Similarly, those carrying ten grams of crack cocaine. An analysis of crack and powder penalties, march 17, 2002. Chief among these is the racial outcome of the sentencing disparity.
Crack and cocaine also differ in the manner in which they are used. Congress moves to narrow sentencing disparities for crack. In 2010, congress passed the fair sentencing act fsa, which reduced the sentencing disparity between offenses for crack and powder cocaine from 100. The fsa changed this socalled 100toone disparity to a disparity of 18toone.
Prior to the enactment of the fsa, it took 100 times as much powder cocaine as crack cocaine to receive the same five, 10, or 20year mandatory minimum prison term. Sentencing commission statistics show that 29 percent of all crack cases from october 1, 2008, through september 30,2009, involved a weapon, compared to. That resulted in a disparity with powder of about 18 to 1. The 100to1 crack cocaine to powder cocaine quantity ratio is a primary cause of the growing disparity between sentences for black and white federal defendants, the commission wrote. Feb 19, 2015 socioeconomically disadvantaged adults are more likely to use crack over powder cocaine, and are thus more likely to be subject to arrest. Jan 29, 2019 crack and power cocaine sentencing disparities. We wrote this paper to inform the public and congress about the disparities in the sentencing laws between crack and powder cocaine, which. Congress compounded the inequity by making crack cocaine the only drug that carries a mandatory minimum. In the mid 80s, congress passed the antidrug abuse act of 1986.
The answer to the problem presented by this wide difference in penalties is not to lower penalties for selling crack cocaine but to increase the penalties for selling powder cocaine, the. This is often what people are referring to when they mention drug related sentencing disparities. Fair sentencing act american civil liberties union. Sentencing commission to eliminate the disparities in federal sentencing for crack cocaine and powder cocaine offenses. Another difference between crack and cocaine relates to the high produced. Under what is commonly referred to as the 100to1 cocaine sentencing disparity, it takes one hundred times as much powder cocaine as crack cocaine to trigger the federal mandatory minimums. Under the 2010 law, the amount of crack that triggers the fiveyear minimum is 28 grams of crack or 500 grams of powder, and, for the tenyear minimum, 280 grams of crack and 5,000 of powder. How an early biden crime bill created the sentencing. As introduced, the fair sentencing acts provisions would have completely eliminated the sentencing disparity between crack and powder.
The figures for the 6,020 powder cocaine cases are far less skewed. In 2010 congress passed the fair sentencing act, which repealed the mandatory minimum sentence for simple possession and reduced the sentencing disparity from 100. Download page term paper on disparity in sentencing for crack vs. This report addresses disparities in cocaine sentencing in states and documents efforts at the federal and state level to correct these injustices. May 25, 2011 to be charged with a felony, crack users needed to possess only 5 grams of the drug.
827 1111 464 155 43 1508 1148 344 365 303 1170 190 131 930 906 1485 1385 1453 1203 1123 15 1400 717 634 312 391 269 1085 101 1259 946 1253 899 1019 919 668 603 1238 973