Crack Cocaine Sentencing Reform


	Print or Email This Page For More Information: Kyle O'Dowd, Legislative Affairs Director (202) 872-8600 ext. 226, kyle@nacdl.org Crack Cocaine Sentencing Reform NACDL urges Congress to adopt the 1995 recommendations of the U.S. Sentencing Commission and reduce federal sentences for offenses involving crack (cocaine base) to the same levels as those involving other forms of cocaine. Federal law mandates a minimum sentence of five years for first-time possession of more than 5 grams of crack, but allows probation for possession of the same quantity of powder cocaine (from which crack is easily manufactured). It takes 100 times as much powder cocaine (500 grams) — combined with the intent to distribute the drug — to trigger the same 5-year mandatory minimum sentence. This 100:1 ratio likewise applies to the ten and twenty-year mandatory minimums and the sentencing guidelines. As affirmed in the Journal of the American Medical Association, there is no scientific basis for this excessive disparity. This is quite troubling in light of the Sentencing Commission’s finding that 85% of defendants receiving the harsher penalties for crack are black — even though the majority of crack users are white. Because even the appearance of discrimination erodes public confidence in our justice system, Congress should right this wrong. Resources TAKE ACTION H.R. 3245, the "Fairness in Cocaine Sentencing Act of 2009" NACDL Letter to the House of Representatives S. 1789, the "Fair Sentencing Act of 2009" NACDL Letter to the Senate S. 1789 Background Information S.1789 Section by Section Breakdown The Sentencing Project's 2009 Bill Comparison Spreadsheet
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