This 100to1 disparity has frequently been cited by drug war opponents as exhibit a to buttress their claim that drug laws are racist. Reducing the crackpowder cocaine disparity drug war facts. Crackpowder sentencing disparity reduced by congress. Congress is urged to remedy the unwarranted racially discriminatory impact of cocaine sentencing by enacting legislation equalizing the penalty structures between crack and powder cocaine, at the current level set for powder cocaine. Since the law went into effect, the ratio dropped to 18to1. May 25, 2011 to be charged with a felony, crack users needed to possess only 5 grams of the drug. Powder cocaine use is more evenly spread among ethnic backgrounds, and more white americans have tried powder cocaine than black americans. Africanamericans now serve virtually as much time in prison for a drug offense 58. 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. 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. The difference between crack cocaine and powder cocaine powder cocaine is made from coca paste, which is derived from the leaves of the coca plant. 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. The antidrug abuse act of 1986 setup a basic framework for drug related mandatory minimum sentences. Cracking the racial disparity for cocaine sentencing.
New law puts heat on crack dealers clinton signs measure. Violence associated with crack stems from distribution in disadvantaged neighborhoods. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a. Disparity in sentencing for crack vs powder cocaine essay. The next logical steps are to make the fsa retroactive, and to eradicate completely the. The legislation also eliminates the mandatory minimum for simple possession of crack 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. 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. After a decade of contentious debate regarding the federal sentencing disparities between crack cocaine and powder cocaine, a number of significant initiatives to reform current. The commission reported in 2004 that revising the crack cocaine thresholds would better reduce the sentencing gap than any other single policy change, and it would dramatically improve the fairness of the. He was affected not only by the crackpowder disparity, but also by the three strikes law for drug offenders. 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.
These rocks are then broken into pieces and sold in small. Reform the crack powder cocaine mandatory minimum sentences to reflect a ratio of 1to1, rather than 18to1. It also ignored the clinton administrations proposal to reduce the ratio to 10 to 1. What is the chemical difference between crack cocaine and powder cocaine that justified this disparity. New law puts heat on crack dealers clinton signs measure to. Dec 27, 2008 because crack cocaine is more prevalent in minority communities, especially africanamerican communities, africanamericans and other minorities are facing decades in prison while their white counterparts who deal in powder cocaine which is the same drug often times face 2 years or less.
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 precise terms of the legislation that would address the discrepancy were somewhat more difficult to devise. The us house of representatives approved a bill, sb 1789 on july 28. To be hit with the same charge, powder cocaine users needed to be caught with 500 grams. Fair sentencing act american civil liberties union. Regardless of changes in the federal law, a charge of crack or powder cocaine is a very serious charge. The slowest onset of cocaines effects occurs when it is. Despite the fact that the chemical structure of powder cocaine and crack cocaine is nearly identical, the punishment for crack possession or. Before this law was passed, the united states had a 100to1 crack to powder cocaine sentencing disparity. Crack cocaine and powder cocaine are the same drug dancesafe. It reduced the disparity between the amount of crack cocaine and powder cocaine needed to trigger certain federal criminal penalties.
Powder cocaine is much more expensive than crack cocaine. Crack first saw widespread use as a recreational drug in primarily impoverished neighborhoods in new. That resulted in a disparity with powder of about 18 to 1. 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. President obama signed the new sentencing law on august 3, 2010. Crack cocaine and powder cocaine actually produce identical effects. There are notable racial and ethnic disparities in cocaine use with whites more likely to report lifetime cocaine use i. Inmate wants congress to address forgotten victims of. 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. It is produced by combining coca paste and hydrochloric acid. 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. The sentencing disparities between crack and cocaine attn.
The figures for the 6,020 powder cocaine cases are far less skewed. Congress is considering a bill to change drug laws that punish crack cocaine violations more severely than those for powder cocaine. Federal crack cocaine sentencing the sentencing project. We wrote this paper to inform the public and congress about the disparities in the sentencing laws between crack and powder cocaine, which. 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. New legislation would erase crackpowder cocaine disparity. To be charged with a felony, crack users needed to possess only 5 grams of the drug. Crack first saw widespread use as a recreational drug in primarily impoverished neighborhoods in new york city, philadelphia. Crack cocaine is made from powder in a process that requires baking soda, water and a stove or a microwave oven. The commission reported in 2004 that revising the crack cocaine thresholds would better reduce the sentencing gap than any other single policy change, and it would dramatically improve the fairness of the federal sentencing. Jul 01, 2014 crack rocks are sold in smaller and cheaper amounts than powder cocaine, suiting those who can only afford one hit at a time. The sentencing commission has argued that powder and crack cocaine are merely. Under what is commonly referred to as the 100to1 cocaine sentencing disparity, it takes one hundred times as much powder cocaine as crack cocaine. Until 2010, this sentencing disparity was 100 to 1, which means that while just 5 grams of crack would carry a 5year mandatory minimum, it would take 500 grams.
Cracking the racial disparity for cocaine sentencing center. 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. In response, the antidrug abuse act of 1986 included a provision that created the disparity between federal penalties for crack cocaine and powder cocaine. Download 32page term paper on sentencing disparities between crack cocaine vs. Before this law was passed, the united states had a 100to1 cracktopowder cocaine sentencing disparity. What is crack cocaine differences between crack and cocaine. Disparity in sentencing for crack vs powder cocaine. Supreme court examines disparity in crack and powder. 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. Powder cocaine is a fine, white, crystal powder that is often mixed with additives like cornstarch, talcum powder, or flour to increase its profits when sold illicitly. The gross disparity under the act accounts for the public perception that crack cocaine is substantially more dangerous than powder cocaine, something that has be disproved by rigorous scientific study conducted by dr.
While the disparity in sentencing is still great at 18. Powder cocaine is a white powdery substance that is abused by snorting, or by dissolving in water and injecting into a vein. In 2010 congress passed the fair sentencing act, which repealed the mandatory minimum sentence for simple possession and reduced the sentencing disparity from 100. 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.
Crack cocaine is the name given to powder cocaine that has been processed with baking soda or ammonia and transformed into a more potent, smokable, yellowwhite rock form. 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. 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. The manual of adolescent substance abuse treatment calls it the most addictive form of cocaine. 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. Some 2020 democratic candidate argue that the sentencing disparity between crack cocaine and powder cocaine, which now sits at 18to1. The act also changed the crack to powder cocaine ratio regarding the amount required to impose an equal sentence from 100to1 to 18to1. 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. Now that disparity is being reduced from 100to1 to 18to1.
Famm supported that reform, the fair sentencing act fsa. Unjustified and unreasonable overview crack cocaine became prevalent in the mid1980s and received massive media attention due in part to the death of college basketball star len bias subsequently found to have used powder cocaine on the night of his death and not crack. Crack cocaine is simply made by taking powder cocaine and cooking it with baking soda and water until it forms a hard rocky substance. The amount of powder cocaine necessary to trigger the sentence is still five kilos. Crack cocaine, also known simply as crack or rock, is a free base form of cocaine that can be smoked. The main difference between crack and powder cocaine. Data show racial disparity in crack sentencing congress passed the fair sentencing act to make punishments for crack and cocaine more equal. Powder cocaine is a fine, white, crystal powder that is often mixed with additives like cornstarch, talcum powder, or flour to increase its profits when sold illicitly crack cocaine is the name given to powder cocaine that has been processed with. Crack cocaine disparity, the fair sentencing act 2010. Aug 03, 2010 data show racial disparity in crack sentencing congress passed the fair sentencing act to make punishments for crack and cocaine more equal. 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. The senate move to close the disparity between mandatory sentences for powder and crack cocaine was lauded by the nations most. The fsa changed this socalled 100toone disparity to a disparity of 18toone.
Activists argue that the current rules are too harsh. The punishment difference between crackcocaine and powdercocaine exposes an unjust feature in the american justice system, a system. The disparity is highly controversial and often attributed to racial and economic bias rather than the relative harm of crack versus cocaine. Senate move to close crackpowder cocaine jail disparity. 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. Since the law went into effect, the ratio dropped to. Powder and crack cocaine are two different forms of the same substance. Congress acts to reduce disparity drug war chronicle. Reform the crackpowder cocaine mandatory minimum sentences to reflect a ratio of 1to1, rather than 18to1. The difference between powder cocaine and crack cocaine.