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Attorney General Wants Cocaine Sentences Equalized
June 26, 2009

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News Summary

U.S. Attorney General Eric Holder called for an end to the gap between prison sentences for crack and powdered cocaine crimes at a recent legal discussion sponsored by the Congressional Black Caucus, the Washington Post reported June 24.

Under current federal law, it takes 100 times more powdered cocaine than crack cocaine to warrant the same mandatory minimum sentences. The gap affects African-American defendants the most since they are more likely to be arrested for offenses involving crack than powdered cocaine, according to federal crime statistics.

"This administration firmly believes that the disparity in crack and powdered cocaine sentences is unwarranted," said Holder. "It must be eliminated."

The Obama administration wants to change the 100-to-1 ratio in sentencing to 1-to-1. Other lawmakers agree that the law should be changed, but some say it would be better to increase the penalty for powder cocaine and lower the penalty for crack cocaine.

"Going to 1-to-1 is a big change," said Mark Osler, who teaches law at Baylor University and is a former prosecutor. "The question that really hasn't been resolved is 1-to-1 at what level. Is the penalty for cocaine powder going up?"

Supreme Court Justice Stephen Breyer, who helped create the sentencing guidelines and was also at the Congressional Black Caucus event, asked Congress to first examine the laws that establish mandatory minimums for certain crimes.

Democrats, Republicans, individual prosecutors and judges have all criticized the harsh crack penalties that were enacted in the 1980s.

COMMENTS ON THIS ARTICLE:

Posted by Jerry on 29 Jun 09 11:01 AM EDT
Does the AG understand the ratio between the amount of cocaine in crack compare to the amount of other agents in the product? I have to ask the same question that Mark Osler asks, "The question that really hasn't been resolved is 1-to-1 at what level. Is the penalty for cocaine powder going up?". I always understood the penalty to be for the amount of the base substance in one's possession, not for one's ethnicity.

Posted by John French on 29 Jun 09 11:52 AM EDT
It is about time!! Now, let us get rid of the discriminatory School Zone laws that target inner city minorities, virtually all of whom, because of urban blight and crowding, live, work, and use drugs within 1,000 feet of one school or another.

Posted by Verde on 29 Jun 09 03:38 PM EDT
Don't use drugs! And don't use them around kids.

Posted by EG on 29 Jun 09 04:21 PM EDT
Anything to make it about race. Why don't they add in alcohol? Just as many Blacks are addicted to drinking as crack. It's all about economics. If they REALLY want to get rid of something that isn't working, how about the three strikes you're out law!!!! That piece of legislation is doing zero for the "war" on drugs. It was a bad idea when made, and in today's world, it is an worse idea. The jails are full of non-criminals, only drug dealers running the world from jail.

Posted by Dan R. Gray on 10 Jul 09 01:23 AM EDT
To Attorney General, Eric Holder, I say "welcome to the real world of addiction." You are about to make a monumental move toward de-stigmatizing the self-medication of a genetically based mental disorder. This a treatable disorder and please ask us, as addiction professionals, for help in your efforts to end the war on drugs in a safe and sane way. As a professional addictions futurist, I project that we will have most of the genetic cures for the self-medication with alcohol and other chemicals that we have long termed addiction. Within our current economy, the U.S. GDP that can be tied to alcohol and other addictive chemical misuse/dependency/addiction is, by my current estimate, $900 billion per year. With genetic cures that are already on our doorstep, that amount of GDP will rapidly disappear from our economy. We must take positive action now. The cocaine change in law is one small step in the right direction. I trust it will be made retroactive in a responsible manner.

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