This disparity, known as the 100to1 ratio, was enacted in the late 1980s and was based on myths about crack cocaine being more dangerous than powder. Sentencing commission statistics show that 29 percent of all crack cases from october 1, 2008, through september 30,2009, involved a weapon, compared to. How an early biden crime bill created the sentencing disparity for. Data show racial disparity in crack sentencing us news. Congress compounded the inequity by making crack cocaine the only drug. We did our last update on president obamas campaign promise to eliminate the disparity in sentencing for crack and cocaine on july 14, 2010. Before this law was passed, the united states had a 100to1 cracktopowder cocaine sentencing disparity. Now, the ten year sentence is triggered by 280 grams of crack instead of 50. To read the briefing paper, download the pdf below. President barack obama on august 3, 2010 that reduced the disparity between the amount of crack cocaine and powder cocaine needed to trigger certain federal criminal penalties from a 100. 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. Reform the crackpowder cocaine mandatory minimum sentences to reflect a ratio of 1to1, rather than 18to1.
And, for the first time in 40 years, congress is rolling back a mandatory minimum sentence already on the books. Falsely treating crack cocaine as 50 times more addictive than powder cocaine, as congress did more than in creating the 100toone quantity ratio, has implications beyond that of mere unfair sentencing. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a. It recommends that congress alter the 100to1 cracktopowder ratio, but, in the meantime, proposes a reduction in the sentencing guideline range for cocaine offenses. Proposals to eliminate sentencing disparities between crack and.
In the mid 80s, congress passed the antidrug abuse act of 1986. Scientific evidence, including a major study published in the journal of the american medical association, has proven that crack and powder cocaine have identical physiological and psychoactive. Powder assignment the disparity in the sentencing illustrates that congress considered crack cocaine much more dangerous than powder cocaine and as a result, those who trafficked crack. The amount of powder cocaine necessary to trigger the sentence is still five kilos. It also brings crack sentencing in line with powder cocaine, as well as with all other drugs, by applying mandatory minimums only to dealers and not those convicted of simple possession. The new law reduces that dramatic disparity, cutting the ratio to about 181. The 2010 act changed the ratio of crack to powder cocaine for purposes of. Jun 11, 2016 in the mid 80s, congress passed the antidrug abuse act of 1986. The 2010 act changed the ratio of crack to powder cocaine for purposes of imposing the same sentence for possession of each form of the drug from 100toone to 18toone. The fsa is not perfect, but it was the best that congress was able to pass at the time. Supreme court weighs 100to1 disparity in crackpowder. Proposals to eliminate sentencing disparities between. Since the law went into effect, the ratio dropped to 18to1. The reason for this, he contends, is that crack cocaine has adverse public health.
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. My position is that i supported the legislation to reduce the crack powder distinction because the current 100 to 1 ratio in the federal sentencing guidelines cannot be justified. Introduction no other feature of the federal sentencing guidelines has been viewed more critically than the 100. The fair sentencing act, as introduced, would have provided equal treatment under law, creating a 1. Support fair and rational sentencing by eliminating the. 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. It eliminates the disparity in federal sentencing for crack versus powder cocaine offenses, without a shift in the current powder cocaine penalty. Powder disparitythe data tell us that it is time to restore the balance i. The powder crack cocaine penalty equalization act of 2009, h. The administration believes congresss goal should be to completely eliminate the sentencing disparity between crack cocaine and powder cocaine, said assistant attorney general lanny breuer, who heads the justice departments criminal division.
Crack cocaine sentencing policy prison policy initiative. Reform the crack powder cocaine mandatory minimum sentences to reflect a ratio of 1to1, rather than 18to1. Keith ellison spent 16 years as a trial lawyer dealing with hundreds of cases involving cocaine arrests. That resulted in a disparity with powder of about 18 to 1. Federal crack cocaine sentencing the sentencing project. Supreme court will hear arguments tuesday, october 2, 2007, in a crack powder cocaine sentencing disparity case kimbrough v. Criminal division aag breuer testimony re restoring. Chief among these is the racial outcome of the sentencing disparity. This briefing paper provides background on the cocaine sentencing debate, explores the racial impact of the crack sentencing disparity, and clarifies the misperceptions regarding crack addiction. Based on the sentencing commissions recommendations, senator joseph biden dde has introduced the drug sentencing reform and cocaine kingpin trafficking act of 2007, a groundbreaking piece of legislation that would equalize the penalties for crack and powder cocaine. 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.
Fair sentencing act american civil liberties union. Whites get probation, blacks get a decade behind bars by lucia graves before coming to capitol hill, rep. The law reduced the disparity between the amount of crack cocaine and powder cocaine needed to trigger certain united states federal criminal penalties from a 100. The fair sentencing act of 2010 was an act of congress that was signed into federal law by u. To be hit with the same charge, powder cocaine users needed to be caught with 500 grams. Sentencing commission in its most recent report to congress has recommended changing the 100. Opposition to the crack cocaine sentencing disparity and mandatory. President obama signed the new sentencing law on august 3, 2010. The bill would reduce but not completely eliminate the sentencing disparity by reducing it to an 181 ratio. Before this law was passed, the united states had a 100to1 crack to powder cocaine sentencing disparity. In 2010 congress passed the fair sentencing act, which repealed the mandatory minimum sentence for simple possession and reduced the sentencing disparity from 100. The fair sentencing act has had many benefits, including reducing the disparity in the way courts punished crack cocaine offenses versus powder.
The united states sentencing commission, the bipartisan body that sets guidelines for federal prison sentences, urged congress to eliminate the sentencing disparity more than a decade ago. This disparity between crack and powder cocaine was driven by fear. Prior to reform the state distinguished between crack and powder at a ratio of 56. 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. On march 17, 2010, the fair sentencing act of 2009 s. Some 2020 democratic candidate argue that the sentencing disparity between crack cocaine and powder cocaine, which now sits at 18to1, should be eliminated entirely.
The fair sentencing act of 2010 public law 111220 was an act of congress signed into law by u. Similarly, those carrying ten grams of crack cocaine faced a. Committee advances bill to address crackpowder sentencing. 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. On appeal, the second circuit held that district courts do not have the authority to reject unilaterally the 100. How an early biden crime bill created the sentencing. The fair sentencing act of 2010 fsa, enacted august 3, 2010, reduced the statutory penalties for crack cocaine offenses to produce an 18to1 crack to powder drug quantity ratio. The sentencing disparities between crack and cocaine attn. A bipartisan, compromise amendment adopted by the committee on thursday would establish the. Iowa modified the state sentencing disparity in 2003 from 100to1 to 10to1. Supreme court will hear arguments tuesday, october 2, 2007, in a crackpowder cocaine sentencing disparity case kimbrough v. The 1986 law created a 100 to 1 disparity between the sentencing guidelines for crack and powder cocaine. On june 20, 2011, representative bobby scott dva introduced a new bill to eliminate the crack powder disparity and establish a onetoone ratio.
Connecticut equalized penalties for crack and powder in 2005. Crackpowder sentencing disparity reduced by congress huffpost. The countrys violent crime rate, which would peak in 1991, had more. The quantity distinction has also resulted in a massive sentencing disparity by race, with african americans receiving longer sentences than the mostly white and.
Cracked justice updated 32411 2 sentencing project. The fsa eliminated the mandatory minimum sentence for simple possession of crack cocaine and increased statutory fines. Castillo discussed here sentenced castillo to 87 months imprisonment based largely on the unwarranted sentencing disparity between crack and powder cocaine the 100. Crackpowder sentencing disparity reduced by congress. Socioeconomically disadvantaged adults are more likely to use crack over powder cocaine, and are thus more likely to be subject to arrest. The 100to1 disparity has unfairly impacted african americans and. Moreover, the significant racial disparity in federal prisons will continue. May 25, 2011 to be charged with a felony, crack users needed to possess only 5 grams of the drug. Congress narrows disparity between sentences for crack vs. Proposals to eliminate sentencing disparities between crack. There have been numerous efforts in congress to make the fair sentencing act retroactive and to eliminate the 18to1 disparity. 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. Aug, 2010 we did our last update on president obamas campaign promise to eliminate the disparity in sentencing for crack and cocaine on july 14, 2010.
The group in studies of sentencing practices has referred to crack cocaine mandates as a poster child. Crack powder sentencing disparity reduced by congress. The sentencing disparity between these two drug offenses is. Download page term paper on disparity in sentencing for crack vs. This 100to1 disparity has frequently been cited by drug war opponents as exhibit a to buttress their claim that drug laws are racist. At issue is whether a federal judge has the discretion to impose a more lenient sentence on sellers of crack cocaine based on a finding that the 100. 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. Amidst public concern over the dangers of crack cocaine and. Sentencing commissions latest report to congress on cocaine sentencing can be found at the commissions website, under report to congress federal cocaine sentencing policy. Sentencing commission found the crackpowder disparity inconsistent with the 1986 acts concerns about penalizing serious drug traffickers more severely than streetlevel dealers. New drug law narrows crack, powder cocaine sentencing gap. Nov 15, 2007 the united states sentencing commission, the bipartisan body that sets guidelines for federal prison sentences, urged congress to eliminate the sentencing disparity more than a decade ago. A 2010 federal law rectified some, though not all, of the sentencing disparities. On june 20, 2011, representative bobby scott dva introduced a new bill to eliminate the crackpowder disparity and establish a onetoone ratio.
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. Famm supported that reform, the fair sentencing act fsa. The fsa changed this socalled 100toone disparity to a disparity of 18toone. Term paper on sentencing disparities between crack cocaine vs. I have held that position since i practiced as a federal prosecutor in the nineties. After president obama signed off on new legislation to reduce the sentencing disparity between people caught with crack cocaine and those caught with powder cocaine, the minnesota democrat spoke to huffpost about what it all means. Seeking rehab for cocaine or crack addiction is an important step toward achieving sobriety. The issues raised in the appeal will be discussed in future blogs as will the united states supreme courts recent decision in kimbrough v united states, 128 s. Opinion sentencing reform starts to pay off the new. Eliminate the crack versus cocaine sentencing disparity.