When congress approved the 2010 fair sentencing act in august, it dramatically reduced the disparity between sentences for crack versus powder cocaine violations. The slowest onset of cocaines effects occurs when it is. The amount of powder cocaine necessary to trigger the sentence is still five kilos. Crack cocaine often nicknamed crack after the sound made during its manufacture is a lowerpurity form of freebase cocaine and contains sodium bicarbonate as impurity. While a person found with five grams of crack cocaine faced a fiveyear mandatory minimum prison sentence, a person holding powder cocaine could receive.
Crack cocaine sentences have long been much more harsh than those for powder cocaine. Over the past several years some progress has been made in reducing the harsh sentences for crack cocaine offenses. The federal government sought to crack down on the problem by implementing severe prison sentences for those people caught dealing crack cocaine. It reduced the disparity between the amount of crack cocaine and powder cocaine needed to trigger certain federal criminal penalties.
Obama expected to ease crackcocaine 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. Data show racial disparity in crack sentencing us news. For reasons beyond the scope of this posting, certain stakeholders view this disparity as the product of systemic racism. An analysis of crack and powder penalties, march 17, 2002. Powder and crack cocaine differ in appearance, side effects, duration of effects, demographics and incarceration rates. Despite similarities in the drugs, crack cocaine is far worse to be charged with than cocaine. For her final paper, byrd wanted to write about the disparity between crackcocaine and powdercocaine sentences and the disparate effect on african americans and. But its not a perfect resolution because it only reduces the current disparity in sentencing between crack and powder cocaine from 100. It is produced by combining coca paste and hydrochloric acid.
The powder form is dissolved in water and then injected. It recommends that congress alter the 100to1 cracktopowder ratio, but, in the meantime, proposes a reduction in the sentencing guideline range for cocaine offenses. Specifically, congress directed the sentencing commission to report on the current federal structure of differing penalties for powder cocaine and crack cocaine offenses and to provide recommendations for retention or modification of these differences. Aug 03, 2010 president obama signed a new law that will close the longdisputed 100. What is the difference between crack and powder cocaine in. Feb 22, 2015 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 given the same sentence as those found in possession of 18. Smoking produces a quicker high that is also shorter in duration.
Fair sentencing act american civil liberties union. Socioeconomically disadvantaged adults are more likely to use crack over powder cocaine, and are thus more likely to be subject to arrest. 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. 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. Congress in 1986 adopted a federal sentencing policy that those who commit crimes involving crack cocaine are to be punished on a 100to1 ratio compared to those whose crimes involve cocaine in powder form. 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 given the same sentence as those found in possession of 18. Both forms work on the brains pleasure and reward centers and both are addictive. The nations lawmakers took a step in that direction nine years ago when they passed the fair sentencing act, which reduced the disparity between powder cocaine and. Crackpowder sentencing disparity reduced by congress huffpost. Now, the ten year sentence is triggered by 280 grams of crack instead of 50.
Crack users are much more likely to experience arrest than powder cocaine users, and being poor is the true overwhelming correlate, not being black or a minority, says joseph j. The disparity started in the 1980s, when crack cocaine started to ravish urban black communities in america. Gwen ifill sits down with former arkansas congressman asa. Us prisoners sentenced under strict crack cocaine laws get. Congress is considering a bill to change drug laws that punish crack cocaine violations more severely than those for powder cocaine. Another difference between crack and cocaine relates to the high produced. Aug 05, 2010 but its not a perfect resolution because it only reduces the current disparity in sentencing between crack and powder cocaine from 100. Sentencing commission statistics show that 29 percent of all crack cases from october 1, 2008, through september 30,2009, involved a weapon, compared to. Because of the method of administrationsnorting versus smokingthe effects of powder cocaine and crack cocaine on the user vary somewhat. Despite the fact that the chemical structure of powder cocaine and crack cocaine is nearly identical, the punishment for crack possession or.
Dec 27, 2008 basically, for sentencing purposes in the federal system, the relevant statute 21 u. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a. Crack cocaine sentencing policy prison policy initiative. This bill will go a long way toward ensuring that our sentencing laws are tough, consistent, and fair. 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. The sentencing guideline amendments relating to cocaine base usually known as crack, which were adopted by a 43 vote of the commission, would drastically reduce crack penalties without recognizing the significant differences between crack and cocaine hydrochloride cocaine powder. 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. 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 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. C 841 treats one gram of crack cocaine as equivalent to 100 grams of powder cocaine. Crackpowder sentencing disparity reduced by congress.
Although both drugs try to achieve a similar high, the drugs are seen as completely different drugs in the judicial system. Therefore, the danger associated with crack cocaine versus powder cocaine instead relates to the trade of the drug, not the drug itself. Essentially, one could possess 100 grams of powder cocaine and receive the same sentence as someone who possessed 1 gram of crack cocaine. For example, on the street crack cocaine is often cheaper to purchase than higher end cocaine. The stark difference in federal sentencing laws for. Inmate wants congress to address forgotten victims of. But in reality, according to experts, crack cocaine and powder cocaine are essentially identical.
Despite these differences, both drugs can have devastating effects on a persons health. Mandatory minimum sentencing policies and cocaine use in the u. One would think, based on the sentencing laws, that crack cocaine is a very different drug than powder cocaineand much worse. Sentencing commissions latest report to congress on cocaine sentencing can be found at the commissions website, under report to congress federal cocaine sentencing policy. The 1986 act implemented this differential by requiring 100 times less crack cocaine than powder cocaine to trigger five and tenyear mandatory minimum penalties. The legislation also eliminates the mandatory minimum for simple possession of crack cocaine.
Crack and cocaine are both drugs created from the coca plant but have a different level of refinement. It is an amphetamine which increases the heart rate and causes a sense of euphoria almost instantly. Cocaine is derived from the coca plant, which is indigenous to south america. It is all too common these days to listen to news commentators discussing the disparity between federal sentencing guidelines for crack cocaine and powder cocaine. May 30, 2016 because of the method of administrationsnorting versus smokingthe effects of powder cocaine and crack cocaine on the user vary somewhat. Powder and crack cocaine are two different forms of the same substance. There is no significant chemical differencecrack and powder cocaine are both forms of cocaine. Some experts believe crack is more likely to be abused because of its brief high and low. Regardless of changes in the federal law, a charge of.
Sentencing commission for years has asked congress to narrow the difference, to no avail. In 2010 congress passed the fair sentencing act, which repealed the mandatory minimum sentence for simple possession and reduced the sentencing disparity from 100. Crack and cocaine also differ in the manner in which they are used. Most recently, on august 3, 2010 the fair sentencing act of 2010 fsa was signed into law, reducing to approximately 18 to 1 the sentencing ratio amount of powder cocaine versus crack cocaine that triggers the same penalty.
New drug law narrows crack, powder cocaine sentencing gap. The difference between crack and cocaine cocaine is a very dangerous illicit drug that comes in white powder form and is produced from the coca plant that grows largely in south america. Powder cocaine is much more expensive than crack cocaine. Why are crack cocaine sentences longer than those for powder. The enhanced penalties for crack cocaine, he says, have proven useful, and a better course of action would have been to instead raise the penalties for powder cocaine crimes.
Aug 29, 2014 before the fair sentencing act was in place, minimum mandatory sentences for powder cocaine were disproportionate to the minimum mandatory sentences for crack cocaine. Crack cocaine is different from powder cocaine in that it is processed to make a rock crystal, then heated to produce vapors, which are smoked. Before this law was passed, the united states had a 100to1 cracktopowder cocaine sentencing. Before the fair sentencing act was in place, minimum mandatory sentences for powder cocaine were disproportionate to the minimum mandatory sentences for crack cocaine. Federal crack cocaine sentencing the sentencing project. The main difference between crack and powder cocaine. S house of representatives passed legislation to reduce the sentencing disparity between federal crack and powder cocaine sentences. 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. Introduction defender services office training division. Congress addressed a historic wrong on wednesday afternoon, replacing it instead with a slightly lesser wrong, when the house voted to reduce the disparity in the sentencing of people caught with crack cocaine versus powder cocaine. For reasons beyond the scope of this posting, certain. 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 baking soda or. Powder cocaine is a white powdery substance that is abused by snorting, or by dissolving in water and injecting into a vein. The excessively harsh sentencing laws for crack cocaine versus for powder cocaine are not inherently discriminatory, as many lawsuits have.
Some find certain types of cocaine to give them a faster high, or it can be cheaper in price. Cocaine is typically snorted, and crack is typically smoked. Sentencing differences between powder and crack cocaine. 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. Crack first saw widespread use as a recreational drug in primarily impoverished neighborhoods in new york city, philadelphia, baltimore, washington, d. Since then the federal bureau of prisons began to have budget and overcrowding problems.
This began the ratio sentencing where it would take 100 times the amount of powder cocaine as crack to earn a mandatory sentence, and resulted in the arrest and prosecution of many african american males who lived in lowincome neighborhoods where the crack was cheap and easily available. The difference between powder cocaine and crack cocaine. Crack cocaine, also known simply as crack or rock, is a free base form of cocaine that can be smoked. Activists argue that the current rules are too harsh. May 25, 2011 congress addressed a historic wrong on wednesday afternoon, replacing it instead with a slightly lesser wrong, when the house voted to reduce the disparity in the sentencing of people caught with crack cocaine versus 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. Oct 01, 2007 in 2006, crack cocaine sentences were 43.
Crack cocaine and powder cocaine are the same drug, simply sold in different forms. Keith ellison spent 16 years as a trial lawyer dealing with hundreds of cases involving cocaine arrests. The sentencing disparities between crack and cocaine attn. What is crack cocaine differences between crack and cocaine. Chief among these is the racial outcome of the sentencing disparity. For example, possession of just 5 grams of crack cocaine about a thimble full triggers a five year mandatory minimum sentence. Federal sentencing guidelines disparity in crack versus powder cocaine april 23, 2015 by law office of shawn m. Despite harsher penalties for crack versus powder cocaine, crack use declined less than powder cocaine and even less than drugs not included. The ussc subsequently recommended rectifying the unfounded sentencing disparity between the two types. 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. Federal sentencing guidelines disparity in crack versus. The result of these laws is that crack users and dealers receive much harsher penalties than users and dealers of powder cocaine.
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