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. May 25, 2011 the threshold for crack cocaine in the new law will be 28 grams. Regardless of changes in the federal law, a charge of crack or powder cocaine is a very serious charge. Recent changes under the fair sentencing act, signed in august, reduce the sentencing disparity between crack cocaine and powder cocaine from 100to1 to 18to1 but do not provide. Aug 03, 2010 data show racial disparity in crack sentencing. It reduced the disparity between the amount of crack cocaine and powder cocaine needed to trigger certain federal criminal penalties. Narrowing the justice gap brennan center for justice. 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. Inmate wants congress to address forgotten victims of. The difference between crack and cocaine powder cocaine powder is. The law produces fairer sentences for approximately 2,000 federal crack offenders each year. Before this law was passed, the united states had a 100to1 crack topowder cocaine sentencing disparity. What is crack cocaine differences between crack and cocaine. Alabama among states urged to eliminate disparities in.
Jun 19, 2009 race, drugs, and law enforcement in the united states. The drug war has produced profoundly unequal outcomes across racial groups, manifested through racial. Apr 29, 2009 the sentencing disparity between crack and powder cocaine. Crack cocaine sentencing policy prison policy initiative. Ratification of the international convention on the. A 2010 federal law rectified some, though not all, of the sentencing disparities. One of the effects of this law is that smallscale crack cocaine users are punished much more severely than powder cocaine users and their suppliers. Crackpowder sentencing disparity reduced by congress huffpost. The law also abolished a fiveyear mandatory minimum sentence for simple possession of crack cocaine. Recent changes under the fair sentencing act, signed in august, reduce the sentencing disparity between crack cocaine and powder cocaine from 100to1 to 18to1 but do not provide relief to thousands of individuals who are already serving time for crack cocaine offenses.
What is the chemical difference between crack cocaine and powder cocaine. Since the law went into effect, the ratio dropped to 18to1. His death and fears of a crack cocaine epidemic lead congress to create harsh. People of color experience discrimination at every stage of the criminal justice system. A 2010 law signed by president obama reduced the sentencing disparity between crack and powder cocaine from 100. Group pushes to end disparity in cocaine sentences cbs. Sentencing commission recommended getting rid of the crack powder cocaine sentencing disparity, the trotter group had a white house meeting with president. Law and order bernies solution on crackcocaine sentencing.
Sentencing reform act, which abolishes parole and creates the u. Alabama among states urged to eliminate disparities in crack. Mar 24, 2011 the disparity is unfair to black drug users who are more likely to be charged with crack cocaine offenses and end up with longer prison terms than cocaine users of other races, the washington, d. 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. October 08, 20 criminal law and criminology 4 comments 3 min read. Race, drugs, and law enforcement in the united states.
Cocaine is a hydrochloride salt in its powdered form, while crack cocaine is derived from powdered cocaine by combining it with water and another substance, usually baking soda sodium bicarbonate. United states suggested that the powdertocrackcocaine disparity in 841b was unconstitutional. Regardless of how many people use which drug and what. Mar 17, 2017 in terms of the crack and cocaine sentencing guidelines, for a long period of time beginning in the 1990s, there was a huge disparity. Edward douglas is serving a life sentence for selling crack cocaine. Race, drugs, and law enforcement in the united states human. Feb 12, 2016 black americans supported the 1994 crime bill, too many black leaders saw the notoriously harsh law as an imperfect solution to unbearable levels of urban crime. The sentencing disparity on crack and cocaine means poor people are much more likely to be subject to mass incarceration.
The enhanced penalties for crack cocaine, he says, have proven. The us house of representatives approved a bill, sb 1789 on july 28. Under the current law, possession of five grams of crack cocaine triggers an. That resulted in a disparity with powder of about 18 to 1. Dec 11, 2007 high court rules on drug sentencing disparities a recent u. 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. Among the most unjust inequities in our criminal justice system is the disparity. Sentencing guidelines to individuals sentenced before the law was enacted. In committing ourselves to pursuing federal cocaine sentencing policy reform, we do not suggest in any way that our prosecutors or law enforcement agents have acted.
In simple terms, crack cocaine and powder cocaine are the same substance yet in different forms. Once its cooled and broken into smaller pieces, these pieces are sold as crack. The crackpowder disparity open society policy center. 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. Before this law was passed, the united states had a 100to1 cracktopowder cocaine sentencing disparity. Arrested by the feds for dealing crack clifton law office. 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. Pending president obamas signature, the new law will reduce that disparity to 18to1. After more than 20 years of sentencing with a 100to1 disparity a disparity put in place as a response to combating, what was then perceived, as the more harmful effects of crack cocaine on urban. Mar 18, 2010 the senate move to close the disparity between mandatory sentences for powder and crack cocaine was lauded by the nations most important lawyers group, the american bar association. Crack cocaine disparity, the fair sentencing act 2010. Under the law, selling five grams of crack cocaine. President obama signed the new sentencing law on august 3, 2010.
Five grams of crack and 500 grams of powder cocaine now trigger a 5year mandatory minimum. However, it is far worse to be prosecuted for crack cocaine than powder cocaine. Aug 03, 2010 support for reducing the disparity with powder cocaine offenders increased with reports beginning in 2002 by the u. Congress acts to reduce disparity drug war chronicle. The explosive popularity of crack cocaine was associated with its cheap price, which for the first time made cocaine available to a wider economic class. The ussc also adopts the 100to1 ratio in the federal sentencing guidelines for crack offenses. Why many black politicians backed the 1994 crime bill. Under federal law, possession of five grams of crack cocaine carries the same. View full size bags of crack cocaine and powder cocaine are seen in after arrests in foley in 2007. The fair sentencing act of 2010, authored by durbin, was signed into law by president barack obama to reduce the disparity between how much crack cocaine and how much powdered cocaine would be. Racial disparity approximately 23 of crack users are white or hispanic, yet the vast majority of persons convicted of possession in federal courts in 1994 were african american, according to the ussc. Whether the 1001 disparity between crack and powder cocaine sentences as established by the 1986.
The fsa changed this socalled 100toone disparity to a disparity of 18toone. Senate move to close crackpowder cocaine jail disparity. A brief history of crack cocaine sentencing laws famm. Criminal division aag breuer testimony re restoring. For more information on federal laws on cocaine possession, see cocaine. In 2010, congress passed the fair sentencing act fsa, which reduced the sentencing disparity between offenses for crack and powder cocaine from 100. Fair sentencing act american civil liberties union. Probing the meaning of racialethnic group comparisons in crack cocaine.
Sentencing commission calling for congress to change the crack cocaine law. Racial disparity approximately 23 of crack users are white or hispanic, yet the vast majority. The coalition argues that even thought the majority of crack cocaine offenders are white, that 80% of the convictions using the 100. Seeking rehab for cocaine or crack addiction is an important step toward achieving sobriety. Crack cocaine became prevalent in the mid1980s and received massive media attention due in part to its exponential growth in the drug market. The continued disparity between crack and powder cocaine. Numbers like this are strong evidence that the 100. 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. Congress passed the fair sentencing act to make punishments for crack and cocaine more equal. In terms of the crack and cocaine sentencing guidelines, for a long period of time beginning in the 1990s, there was a huge disparity. Regardless of how many people use which drug and what the penalties are for doing so, the truth of the matter is that both drugs are illegal, dangerous and highly addictive.
Criminal division aag breuer testimony re restoring fairness. Supreme court ruling gives federal judges more discretion when sentencing for crack cocaine and cocaine powder offenses. On the campaign trail, candidate barack obama pledged to eliminate disparity in sentencing for crack and cocaine. The 181 disparity, where offenders with 5 grams of crack are subject to the same fiveyear mandatory prison sentence as those with 90. Crackpowder sentencing disparity reduced by congress. After more than 20 years of sentencing with a 100to1 disparity a disparity put in place as a response to combating, what was then perceived, as the more harmful effects of crack cocaine on urban communities, legislation that reduces that disparity down to 18to1 is now headed to the desk of president of obama. Prior to the laws passage, an individual in possession of 5 grams of. The washington times is reporting this exciting news from the senate. The moment on the house floor came and went fairly quickly, but the ease with which the bill passed belied a lot of behindthescenes activity. But it does make retroactive a 2010 law that reduced the crack cocaine disparity.
Dec 03, 2019 under the law, possession of 5 grams of crack cocaine incurred the same minimum sentence as 500 grams of powder cocaine a 100 to 1 quantity disparity that remained in place until 2010. Although the two drugs are essentially the same substance, with crack simply being put through some more chemistry, crack was rampant in the 90s and became a huge epidemic. Data show racial disparity in crack sentencing us news. The sentencing project urges that the sentencing guideline changes mandated under the fair sentencing act reducing the sentencing disparity between crack and powder cocaine to 18 to 1. However, none have a quantity ratio as large as the 100. A group is calling for states, including alabama, to eliminate disparities in sentencing for. 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. The drug war has produced profoundly unequal outcomes across racial groups, manifested through racial discrimination by law enforcement and disproportionate drug war misery suffered by communities of color. The disparity is highly controversial and often attributed to racial and economic bias rather than the relative harm of crack versus cocaine. Group pushes to end disparity in cocaine sentences. According to gil kerlikowske, director of the office of national drug control. Cocaine and its exquisitely addictive influence stand as such powerful points of reference in american culture that when a 20 study suggested that oreo cookies were as addictive as cocaine, the findings made thousands of headlines, according to the huffington post.