Press Release: ABA Endorses BIDEN Bill to Eliminate Crack/Powder Cocaine Sentencing Disparity

[Courtesy of the Office of U.S. Senator Joe Biden, Jr.] FOR RELEASE: November 5, 2007 CONTACT: Elizabeth Alexander, 202-224-5042 ABA Endorses BIDEN Bill to Eliminate Crack/Powder Cocaine Sentencing Disparity American Bar Association Applauds Biden’s Leadership on Sentencing Reform and Urges Senators to Support Biden Bill Washington, DC – The American Bar Association recently announced its “strong support” for Senator Joseph R. Biden, Jr.’s (D-DE) Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007 and “urge[d]” Senators to support the bill. Sen. Biden’s legislation would completely eliminate the sentencing disparity between crack and powder cocaine, two forms of the same drug, and it would also abolish the mandatory minimum sentence for simple possession of crack cocaine, the only drug for which there exists a mandatory minimum sentence for mere possession for a first time offender. “Over twenty years ago, Congress enacted a sentencing scheme that punishes crack cocaine offenses far more severely than powder cocaine offenses," said Sen. Biden. "This is a terrible flaw in the criminal justice system. It’s based on the bogus notion that the crack form of cocaine is more dangerous and crack users are more violent than powder uses. And that logic just hasn’t played out.” Currently, under the so-called “100-to-1” cocaine sentencing disparity it takes 100 times more powder cocaine than crack to trigger the five- and ten-year mandatory minimum sentences under federal law. In other words, powder cocaine offenders who traffic 500 grams of powder (2,500-5,000 doses) receive the same five-year mandatory minimum sentence as crack cocaine offenders who simply possess just 5 grams of crack (10-50 doses). “I applaud and appreciate the American Bar Association’s decision to stand with me on this important issue,” said Sen. Biden. “It’s time for Congress to act in a real way. The current 100:1 disparity is unjust, unfair, and the time has long past for it to be undone. I look forward to working with the ABA and others to enact my bill into law.”