Crack vs cocaine sentencing
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According to the Drug Policy Alliance, the sentencing disparity between powder cocaine and crack was 100-1 until 2010 (Currently, the disparity is 18-1 nationally).īecause of crack’s presence in low-income areas, this sentencing disparity means that impoverished people and people of color are much likelier to receive harsh sentences for drug possession. A common belief that crack was more dangerous and addictive than cocaine developed during the height of the War on Drugs era, causing much harsher sentences to be levied on crack users. Sentencing differences for Cocaine vs Crack Possessionįor the last several decades, crack and cocaine possession have been treated very differently in court.It also gained a reputation for high use in minority groups, though this is not necessarily the case. Because of its lower price point, it became prevalent in low-income areas throughout the U.S. Crack gained popularity in the 1980s as a less-expensive substitute for Cocaine. When crack cocaine is smoked, the effects kick in almost instantaneously and usually last under ten minutes.Ĭocaine is notoriously associated with corporate America and has been called the “rich man’s drug.” It is especially expensive because the high it creates is so short-lived. Snorting or orally ingesting cocaine takes a few minutes for the high to set in, which then lasts anywhere from 10-30 minutes. Clarke.Several factors differentiate crack from cocaine:Ĭrack produces an immediate but much shorter-lasting high than pure powder cocaine. I urge president Obama to sign this important legislation into law today,” concluded Rep. “I am proud to stand along with these groups on the side of my constituents and the many New Yorkers that have been unfairly impacted by the mandatory sentence disparity. Organizations endorsing reform include: the NAACP Leadership Conference on Civil and Human Rights American Bar Association American Civil Liberties Union the National District Attorneys Association Federal Law Enforcement Officers Association National Association of Evangelicals Prison Fellowship the International Union of Police Associations and dozens of former federal prosecutors and judges. Sentencing Commission to allow a sentence reduction in very limited cases, including where a person was motivated by an intimate or familial relationship or by threats or fear when the defendant was otherwise unlikely to commit such an offense (often referred to as the “girlfriend problem”).Ī broad bipartisan group of criminal justice experts, law enforcement organizations, and policymakers has concluded the current 100:1 disparity cannot be justified.
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Sentencing Commission to increase penalties for individuals convicted of aggravating offenses, including bribery of a law enforcement officer in connection with an underlying offense and Significantly increase fines for convicted major drug traffickers.Eliminate the simple possession mandatory minimum (5 years for 5 grams without intent to distribute).Reduce the ratio between crack and powder cocaine from 100:1 to 18:1.This bipartisan bill reduces the sentencing disparity between crack and powder cocaine and significantly increases criminal penalties for serious drug offenders,” said Clarke. 1789, Fair Sentencing Act, which passed the House by voice vote today.
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3245, the Fairness in Cocaine Sentencing Act. The root of the problem started in 1986 with the Anti-Drug Abuse Act, signed by President Ronald Reagan. 265, the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2009 and H.R. Crack VS Cocaine The differences between the punishments with crack and cocaine has been an issue with the War on Drugs not many politicians, or Americans, are willing to face. The mandatory sentence has pushed drug policy in the wrong direction, imprisoning addicts who should have been sent to treatment programs.” This racially discriminatory application of the law and the impact of this policy are not consistent with our nation’s commitment to equal justice under the law. at 12:14 PM ET Hugh Patrick Brown/Sygma/Corb Crack and cocaine may be nearly identical on a molecular level, but people who are charged with possession of just 1 gram of crack are. “African-Americans in Brooklyn and across the country make up a minority of crack users but account for about 80 percent of those convicted under the mandatory sentencing statute. Under current federal law, possessing five grams of crack cocaine is subject to the same mandatory minimum sentence as selling 500 grams of powder cocaine,” stated Congresswoman Yvette D. Tough anti-cocaine legislation is needed, but the law must also be fair. “Crack and powder cocaine have a devastating effect on Brooklyn families and our communities. This legislation reduces the sentencing disparity between crack and powder cocaine and increases criminal penalties for serious drug offenders. Today, the House of Representatives passed S.