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Cocaine Sentencing Disparity Would End Under Bill
October 21, 2009

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News Summary

A bill introduced in Congress would equalize penalties for offenses involving crack and powdered cocaine, the Washington Post reported Oct. 16.

Senate Majority Whip Richard Durbin (D-Ill.) introduced the bill, which would increase the quantity of crack cocaine required to trigger a mandatory prison sentence. Under current law, it takes 100 times more powdered cocaine to earn mandatory jail time as it does for crack cocaine.

"The sentencing disparity between crack and powder cocaine has contributed to the imprisonment of African Americans at six times the rate of whites and to the United States' position as the world's leader in incarcerations," said Durban. "It's time for us to act." 

The legislation, the Fair Sentencing Act, also calls for harsher penalties for large-scale drug traffickers and those who commit violent crimes. Companion legislation has already cleared a House committee. Julie Stewart, president of Families Against Mandatory Minimums, said that "no institution stands in the way of crack cocaine changes. Every piece is in place to make this decades-past-due reform a reality." 

President Obama expressed support for sentencing equalization during the election campaign, but his administration has not formally endorsed the Durbin bill. Durbin, however, said that the administration has been supportive and that he is seeking Republican cosponsors for the measure.

COMMENTS ON THIS ARTICLE:

Posted by George Clarke on 22 Oct 09 10:48 AM EDT
I remem ber working on this issue years ago. Hopefully this time it will go through. It will help the overpopulation at prisons if they set them free. Thanks for being George

Posted by Barry Schecter on 22 Oct 09 08:32 PM EDT
As a professor at SUNY Cortland that teaches a graduate drug studies class for teachers, trying to explain the basic racism built into the drug laws, if this changes the penalties and equalizes possession of cocaine, no matter what form it is in, that will be one of the more obvious points that I will not be able to use, thankfully. I could never understand the reasoning for there two sets of laws for possession of cocaine. One powder form, usually middle class to upper middle class white people, to possession of crack(cocaine), usually poorer eople of color. The operative phrase is possession of cocaine. I for one, wouldn't. I think if we took an honest poll, no one, or very few people would go buy cocaine because it was legal. However, the gangsters would be very angry at such a law. For example, when methamphetamine was the rage, government realized that sudafed was a necessary ingredient. And here is the best and most important point of all. There would be money for real treatment, just like there is forany chronic disease. Just figure out how much money would now be available, just by not paying the criinal justice system to house, proseute, surveillsense, etc. Folks, End Prohibitin Now. It didn't work in the 20's and 30's, and it doesn't work now. Why fight a "drug war"? Have we won anything? or are drus more plentiful now? Who controls where they are sold? This is in our hands. No not at all, but it could be. Support LEAP.CC Let us make reality.

Posted by Celes King IV on 24 Oct 09 10:26 AM EDT
I am scheptical as to what this bill is really directed at. What in fact does it actually do. Will this equalization cause a reduction in Black incarceration or a reduction in the length of sentence for crack yet continue the incarceration rate. Will this equalization increase the length of sentence for powder with the incarceration rate remaining the same. My real question is this billdesigned to help people or to get votes in the upcoming elections.

Posted by Mike in Fl. on 26 Oct 09 12:29 PM EDT
It is obvious to most thinking people that our laws are not fixing the problems related to drug use. The disparity of crack to powder is the fact that crack is involved with more violent crime white or black it still is more distructive to the stranger on the street. We need wisedom for our children and citizens not locking them up in cells with the rest of the mentally chalanged group that we have there now. Pray for us all...

Posted by Lisa on 26 Oct 09 02:40 PM EDT
It should be mentioned here that crack and cocaine are THE SAME THING- and that many "middle class" folks that buy cocaine in powder form actually "rock" it in the privacy of their own homes to avoid the lable of "crack addict". There is no difference in the addiction potential between crack cocaine and powder cocaine. Therefore, there should be no difference between sentencing guidelines since it is the same substance. I spent the last 2 years in graduate school researching the United States history of drug policy and can tell you that most laws are about oppression of minority populations rather than the eradication of an addictive substance. Racism is so pervasive throughout this legislation that it is frightening!

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