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Crack/Powder Cocaine Disparity

the scales of justice tip slightly closer to sanity
the scales of justice tip slightly closer to sanity

Congress Acts to Reduce Crack/Powder Cocaine Sentencing Disparity (FEATURE)

The House of Representatives Wednesday approved a bill that would reduce, but not eliminate, the sentencing disparity for federal crack and powder cocaine offenses. The measure had already passed the Senate, and it has the support of the White House, which means the bill will soon be a law.

Call Congress Today to Tell Them to Vote YES for Crack Cocaine Sentencing Reform

Please Support S. 1789, the Fair Sentencing Act of 2010

Take Action!

Call Your Representative Today

 

Dear Colleagues,

 

Early next week, the House of Representatives may vote on legislation, recently passed unanimously by the Senate, to reduce the 100-to-1 sentencing disparity between crack and powder cocaine to 18-to-1. The Fair Sentencing Act of 2010, S. 1789, also would eliminate the mandatory minimum for simple possession of crack cocaine (5 years for 5 grams without intent to distribute). The U.S. Sentencing Commission estimates the changes could reduce the average crack cocaine sentence by nearly 30 months and reduce the federal prison population by 3,800 over 10 years.

NACDL has been working hard with a diverse group of allies to pass this legislation, but we need your help now. Please call your representative today to ask them to vote yes for the Fair Sentencing Act.   If you have never called your Member of Congress before, it's quick and easy. Now is the time to make your voice heard.

Please Take Action by clicking the link and/or entering your zip code to contact your U.S. House of Representatives. Suggested talking points are provided once you follow the instructions and links.

 

Thank you for taking a few moments to help pass this long overdue, historic legislation.

 

Kyle O'Dowd

Associate Executive Director for Policy 

Time is Running Out! Tell Congress to Vote Yes on Crack Reform

Announcement

Sentencing Project
 

Tell Congress To Vote Yes for Crack Cocaine Sentencing Reform


This week, the House of Representatives may vote on legislation, recently passed by the Senate, to reduce the 100 to 1 sentencing disparity between crack and powder cocaine to 18 to 1. The Fair Sentencing Act of 2010, S. 1789, would also eliminate the simple possession mandatory minimum (5 years for 5 grams without intent to distribute), limit the excessive penalties served by people convicted of low-level crack cocaine offenses, and increase penalties for high-level traffickers. The U.S. Sentencing Commission estimates the changes could reduce the federal prison population by 3,800 over 10 years.

Champions for sentencing fairness are urged to contact their representative in the House today to ask them to vote yes for the Fair Sentencing Act. Call the U.S. Capitol Switch Board at 202-224-3121 and ask for your representative. They will patch you through to the correct office.

Once you reach your representative, tell them you support the Fair Sentencing Act of 2010, S. 1789 because:

•    The current 100 to 1 cocaine sentencing disparity is unfair. The five-year penalty for possessing as little as five grams of crack cocaine is the same for selling 500 grams of powder cocaine. The law imposes excessive prison sentences for low-level crack cocaine offenses that often exceed penalties for offenses involving powder cocaine trafficking.
•    The current 100 to 1 cocaine sentencing disparity exacerbates racial disparity in federal prisons. Over 80% of those serving time for a crack cocaine offense are African American, despite the fact that two-thirds of users are white or Hispanic.
•    The Fair Sentencing Act, S. 1789, is an historic opportunity to advance justice and restore faith in the criminal justice system. A broad consensus among criminal justice experts, law enforcement organizations, and policymakers has emerged that concludes the current 100 to 1 disparity cannot be justified. Organizations endorsing reform include: the NAACP; Leadership Conference on Civil and Human Rights; American Bar Association, American Civil Liberties Union; the National District Attorneys Association; and the Federal Law Enforcement Officers Association.
•    The Fair Sentencing Act will also save taxpayers money. Replacing the irrational 100:1 ratio with a new 18:1 ratio will save $42 million over five years, according to Congressional Budget Office.

When you have completed your call to your representative, please email [email protected] and say how it went.  Also, please consider forwarding this email to a friend.

Thank you for joining the effort to reduce the crack cocaine sentencing disparity.

 

The Sentencing Project is located at 1705 DeSales Street, NW 8th Floor, Washington, DC 20036.  Send an email to The Sentencing Project.

The Sentencing Project is a national, non-profit organization engaged in research and advocacy for criminal justice reform.

 

Press Release: Senate Judiciary Votes to Reform Federal Crack Law

FOR IMMEDIATE RELEASE     
Date:  March 11, 2010                                       
Contact: [email protected]              
 

BREAKING NEWS:
Senate Judiciary Votes to Reform Federal Crack Cocaine Sentencing Policies
Eliminates first mandatory minimum since Nixon Administration

WASHINGTON, D.C. – Moments ago, the U.S. Senate Judiciary Committee unanimously passed a bill that would reduce the sentencing disparity between federal crack and powder cocaine offenses. 

The bipartisan vote to approve an amended version of Senator Richard Durbin’s (D-Ill.) bill, S. 1789, acknowledged that disparate sentencing policies enacted for federal crack cocaine offenses in 1986 have had a negative impact on the nation’s criminal justice system. 

The amended bill would reduce the ratio between crack and powder cocaine from 100:1 to 20:1 and direct the U.S. Sentencing Commission to enhance penalties for aggravating factors like violence or bribery of a law enforcement officer.  Significantly, the bill also would eliminate the mandatory minimum sentence for simple possession of crack.

“This is an exciting vote, but also disappointing.  We hoped the Committee would go further in making crack penalties the same as powder.  There was no scientific basis for the 100:1 disparity between crack and powder cocaine created 24 years ago, and there is no scientific basis for today’s vote of 20:1 ,” said FAMM President Julie Stewart. “However, if this imperfect bill becomes law, it will provide some long-overdue relief to thousands of defendants sentenced each year.

With regard to the bill’s provision that would eliminate the mandatory sentence for simple possession of crack, Ms. Stewart stated, “If enacted, this legislation would repeal a mandatory minimum law for the first time since the Nixon administration.”

Under the Senate’s proposed 20:1 ratio, a conviction for 28 grams of crack cocaine will trigger a five year prison sentence and for 280 grams of crack a 10 year sentence.   The 20:1 ratio could affect an estimated 3,100 cases annually, reducing sentences by an average of about 30 months.  The bill would not, however, reduce sentences for those currently incarcerated for crack offenses.  Impact of the amendment’s other provisions has not yet been calculated. 

The House Judiciary Committee passed its own crack cocaine sentencing reform bill on July 29.  H.R. 3245, the Fairness in Cocaine Sentencing Act of 2009, introduced by Congressman Robert “Bobby” Scott (D-V.A.), removes references to “cocaine base” from the U.S. Code, thus treating all cocaine, including crack, the same for sentencing purposes.

Families Against Mandatory Minimums is a national nonprofit, nonpartisan organization supporting fair and proportionate sentencing laws that allow judicial discretion while maintaining public safety.  For more information on FAMM, visit www.famm.org or contact Monica Pratt Raffanel at [email protected]

###

Please Support H.R. 3245, the "Fairness in Cocaine Sentencing Act." National Call in Day: Dec. 2, 2009

Please Support H.R. 3245, the "Fairness in Cocaine Sentencing Act."

Take Action!

National Call in Day: Wednesday, December 2, 2009

For the first time, crack cocaine sentencing reform legislation received a favorable vote in Congress when the House Judiciary Committee in July approved the Fairness in Cocaine Sentencing Act of 2009, H.R. 3245.  This bill would completely eliminate the crack-powder sentencing disparity by applying current powder cocaine sentences to all forms of cocaine.  To move the bill forward we need a vote on the bill by the entire House of Representatives.

On Wednesday, December 2, please help NACDL reach this goal by calling your Representative and asking them to support and cosponsor H.R. 3245 .  Take action by clicking the link above and/or by entering your zip code to obtain your Representative's office phone number.  Please use the talking points provided to tell your Representative to support this important piece of legislation.

With support from the Administration and key members of Congress, the prospects for reforming this unjust, 23-year-old law are good.  Change cannot happen, however, without your continued pressure on Members of Congress.

Sentencing Project Recommendations to U.S. Sentencing Commission

Dear Friend, Today the United States Sentencing Commission will be meeting in Washington, D.C. to establish its priorities for the 2009-2010 program year. In preparation for this meeting, the Commission has invited interested parties to recommend areas of focus on federal sentencing policy. On August 5, The Sentencing Project submitted a letter to the Commission highlighting four areas of attention. Our recommended issue areas are the following: 1. Prepare a Report for Congress on the Impact of Federal Mandatory Minimum Sentences - The last substantial report produced on mandatory sentencing is now nearly 20 years old. We recommend a fresh examination of these issues, including the impact of mandatory sentencing on public safety and racial disparity, and the utility of the federal "safety valve" sentencing provision. 2. Continue Recent Activity in the Area of Cocaine Sentencing Policy - The Commission should continue to play an active role in Congressional deliberations regarding changes in the penalty structure for crack and powder cocaine sentencing. 3. Prepare a Report for Congress on Alternatives to Incarceration - Building on evidence that alternatives are underutilized in the federal system, particularly for drug offenses, the Commission should examine options for expansion of alternatives and guidelines restrictions that need to be reconsidered. 4. Examine the Impact of Time Served in Prison on Crime, Costs, and Disparity - Between 1993 and 2006 time served in prison for federal offenses increased by 44%. The Commission should examine these changes to assess their value and cost regarding public safety outcomes. We hope you find these recommendations useful in your work, and we will keep you posted regarding the priorities established by the U.S. Sentencing Commission. -The Sentencing Project

Press Release: Congress and Obama Administration Embrace Major Drug Policy Reform

FOR IMMEDIATE RELEASE: July 22, 2009 CONTACT: Bill Piper at 202-669-6430 or Tony Newman at 646-335-5384 Congress and Obama Administration Embrace Major Drug Policy Reform Crack/Powder Disparity, Syringe Exchange Funding, Medical Marijuana, HEA Reform All Advancing Decades of Harsh and Ineffective Federal Laws Likely to be Dismantled this Year At least four of the worst excesses of the federal war on drugs appear likely to be rolled back this year – the crack/powder cocaine sentencing disparity, the federal ban on the funding of syringe exchange programs, the all-out federal war on medical marijuana, and the HEA AID Elimination Penalty. All four reforms are advancing quickly in Congress. “Policymakers from the President of the United States on down are calling for a paradigm shift so drug use is treated as a health issue instead of a criminal justice issue” said Bill Piper, director of national affairs for the Drug Policy Alliance. “Eliminating the crack/powder cocaine sentencing disparity, repealing the ban on federal funding for syringe exchange programs to reduce HIV/AIDS, allowing the District of Columbia to move forward with medical marijuana, and reforming the HEA Aid Elimination Penalty are all examples of pairing action with rhetoric.” The House Crime Subcommittee is expected to pass legislation today eliminating the crack/powder cocaine sentencing disparity that punishes crack cocaine offenses one hundred times more severely than powder cocaine offenses. Both President Obama and Vice-President Biden have spoken in support of eliminating the disparity. In numerous statements this year, Justice Department officials have called on Congress to eliminate the disparity this year. Last week, the U.S. House Appropriations Committee repealed the 20-year ban prohibiting states from spending their share of HIV/AIDS prevention money on syringe exchanges program to reduce the spread of HIV/AIDS, hepatitis C, and other blood-borne diseases. The full U.S. House takes up the underlying bill later this week. The ban is responsible for the deaths of tens of thousands of Americans. If the ban is not repealed, as many as 300,000 Americans could contract HIV/AIDS or hepatitis C over the next decade. President Obama called for elimination of the ban on the campaign trail. In legislation last week, the U.S. House repealed a provision of federal law that overturned a medical marijuana law approved by Washington, DC voters, setting the stage for the nation’s capital to make marijuana available to cancer, AIDS, and other patients, possibly as soon as next year. Earlier this year Attorney General Eric Holder declared that the Justice Department would no longer arrest medical marijuana patients, caregivers and providers, even if they violated federal law, as long as they were following the laws of their states. 13 states have legalized marijuana for medical use, but the Bush Administration raided medical marijuana dispensaries and made numerous arrests and prosecutions. In a vote yesterday, the House Education and Labor Committee reformed the HEA AID Elimination Penalty that denies loans and other financial assistance to students convicted of drug law offenses, including simple marijuana possession. Since 1998, more than 180,000 students have lost aid and many, no doubt, have been forced to drop out of college. Although the Obama Administration has not stated where it stands on the underlying law, it has said it wants to remove a question from financial aid applications that ask students if they have ever been convicted of a drug crime. In other drug policy news, Rep. Barney Frank (D-Mass.), chairman of the House Financial Services Committee, and Rep. Ron Paul (R- Texas) have introduced bi-partisan legislation to decriminalize possession of marijuana for personal use. Sen. Jim Webb, D-VA, President Reagan’s Secretary of the Navy, has introduced bipartisan legislation to create a national commission to study the U.S. criminal justice system and make recommendations on how to reduce the number of Americans behind bars, with a particular emphasis on reforming drug laws. Almost a third of U.S. Senators are cosponsors of the bipartisan bill and it is expected to pass the Senate sometime this year. “The ice is starting to crack,” said Bill Piper, director of national affairs for the Drug Policy Alliance. “The decades of harsh and ineffective laws that have led to overstuffed prisons and a growing HIV epidemic are starting to be challenged and hopefully soon dismantled.” ###

TODAY is National Call-In Day: Call Your Representatives NOW

TAKE ACTION

Capital

 

     Today, be one of thousands of people across the country to phone your members of Congress to call for an end to the sentencing disparity between crack and powder cocaine. Your calls will make an important difference.
 
     This National Call-In Day is part of Crack the Disparity National Month of Advocacy, a month-long coordinated push to eliminate the sentencing disparity between crack and powder cocaine.
 
     The current law:

  • overstates the relative danger of crack cocaine compared to powder cocaine;
  • contributes to the growth of our prison population, increasing the financial burden on taxpayers;
  • disproportionately affects African Americans; and
  • uses limited federal resources on low-level street dealers rather than on the major drug traffickers.

      Twenty-three years of a failed policy is long enough!  It's time to end this unjust and disproportionate sentencing policy. To participate call the U.S. Capitol Switchboard right now at 202.224.3121, and ask to speak to your representatives in the Senate and House. Urge them to support and co-sponsor H.R. 265, the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act in the House and legislation in the Senate that eliminates the 100 to 1 disparity between crack and powder cocaine.

    You should place three calls because you have one representative and two senators.
 
     Use this link to help you with your calls to Congress.

Click here for talking points and script
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