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July 29, 2010 in Nation/World
Cocaine sentencing gap narrowing
Crack and powder forms carry disparate penalties
WASHINGTON – Addressing what both Democrats and Republicans agreed was a quarter-century-old injustice in drug sentencing, Congress gave final approval Wednesday to a bill reducing the penalty for crack cocaine offenders.
The legislation, which was welcomed by the Obama administration, reduces the disparities between sentences for powdered cocaine and crack cocaine based on the heavier weight of crack, which is often sold in crystals. Crack cocaine is used disproportionately by blacks, leading to complaints of discrimination.
“By sending the bill to the president, the House has taken an important step toward more just sentencing policies while enhancing the ability of law enforcement officials to protect our communities from violent and dangerous drug traffickers,” Attorney General Eric Holder said. The White House said Obama would sign the bill.
In an effort to stem rampant crack cocaine use, a law was passed in 1986 that had the effect of giving crack cocaine offenders the same jail sentence as someone who possessed 100 times the same amount of powder cocaine. The bill narrows that ratio to 18-to-1 and eradicates the mandatory five-year jail sentence for first-time offenders charged with possessing 5 grams of crack cocaine.
Under the new bill, a person in possession of 28 grams of crack cocaine would trigger that five-year jail sentence, said Julie Stewart, president of the advocacy group Families Against Mandatory Minimums.
“This is certainly a victory,” Stewart said. “Earlier attempts to correct the stiff sentences for crack cocaine defendants have failed, so this is the first time there has been bipartisan support for significant reform to crack penalties.”
The bill was sponsored in the Senate by Sen. Richard Durbin, D-Ill., who teamed up with Sen. Jeff Sessions, R.-Ala., to pass the legislation unanimously through the Senate in March. Republican Sens. Orrin Hatch of Utah and Lindsey Graham of South Carolina were also vocal supporters of the bill.
That same bipartisan support was echoed in the House, with only Texas Rep. Lamar Smith voicing opposition during the voice vote Wednesday.
“Why are we coddling some of the most dangerous drug traffickers in America?” said Smith, who argued that passing the bill could increase drug violence to the same levels as the 1980s, when crack cocaine use was rife.
But some said the legislation does not go far enough because it still treats crack and powder cocaine differently.
“It ultimately came down to politics as opposed to research on what would work best,” said Matt Mauer, executive director of the Sentencing Project. “And many organizations and many members of Congress had been pushing for a 1-to-1 ratio, but that was just not going to happen this year.”
The measures will not affect crack cocaine offenders who have recently been sentenced or those who are currently in jail. However, U.S. Sentencing Commission figures estimate that the bill will affect 3,000 crack cocaine offenders each year once it becomes law, according to Stewart. Last year more than 5,600 offenders were sentenced to prison for crimes involving crack.
Rep. Keith Ellison, D-Minn., who voted in support of the bill, said crack and powder cocaine are no different than water and ice.
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Ninch on July 29 at 6:45 a.m.
“Welcomed by the Obama administration,,,” So why is not Obama celebrating this significant bipartisan effort/bill?
I too was confused why there is still a ration of 18/1 because it makes NO sense. But even this will slow down the ever increasing numbers of people incarcerated in U.S. jails… the most people in jail compared to any other nation, which should make one stop and think about our “justice” system. We need more drug courts for users and keep the prison space available for the real drug traffickers. That also means saving taxpayers a lot of money.
Itsgodswill on July 29 at 10:03 a.m.
Unfortunately, I doubt the savings would be seen by the taxpayers. There will always be excess things to tax us for..There may be savings for SOMEBODY, but my wallet sure won’t benefit. Though, I do agree that this is a great step, not just for the money side of it, but also for those who have or will be put in jail for drug use. I don’t condone drug use, but sometimes it’s not as easy as just up and quitting. I think drug charges should have penalties including some sort of drug rehab or counseling and possibly jail sentence, but with a MUCH shorter sentence.. Without that, the user will go to jail, get out, and continue doing the same. If you help put them on the right path instead of ONLY incarcerating them, they may just choose to stay on that path.
misjustice on July 29 at 12:15 p.m.
Ninch; good question on the 18/1 ratio. Why is there still disparity in sentencing, even after legislation intended to end the disparity?