Action Alert
DPA: A Tipping Point in Congress - Take Action
If you told me a year ago we were near a tipping point in Congress on rolling back one of the worst excesses of the war on drugs, I probably would have thought you were crazy. But the movement to eliminate the crack/powder cocaine sentencing disparity has grown so strong that Senators are tripping over themselves to support reform. Three different bi-partisan reform bills have already been introduced in the Senate - all by unlikely allies - and the Judiciary Committee is set to have hearings on the issue in September. Please take a minute today to fax your Senators and help build momentum against these draconian mandatory minimums.
Crack cocaine and powder cocaine are different forms of the same drug, and have similar effects on the brain and nervous system. Federal law, however, sets a 100 to 1 sentencing disparity between the two forms.
This disparity, enacted in the 1980s at the height of drug war hysteria, was based largely on the myth that crack cocaine was more dangerous than powder cocaine and that it was instantly addictive and caused violent behavior. Since then, copious amounts of scientific evidence and an analysis by the U.S. Sentencing Commission have shown that these assertions were not supported by sound data and were exaggerated or outright false.
Regardless of why the disparity was enacted, its impact is clear: tremendous racial disparities in the criminal justice system, wasted tax dollars, and a less safe America.
The solution is clear: Completely eliminate the disparity. Raise the amounts of crack cocaine it takes to trigger long sentences to equal those of powder cocaine, and reprioritize federal drug war agencies towards violent drug cartels.
DPA is launching a major grassroots campaign to boost support for reform, including holding town hall forums in key Congressional districts. We've already held one forum in Alabama in conjunction with the ACLU; and we're planning forums in California, New York, and Texas. Additionally, we've teamed up with The Sentencing Project, the ACLU, and the Open Society Policy Center to launch a public relations campaign (you can view the campaign's really cool print ads here).
Three U.S. Senators have already introduced reform bills - Senator Jeff Sessions (R-AL), Senator Orrin Hatch (R-UT), and Senator Joe Biden (D-DE). The Chair of the Senate Judiciary Committee, Senator Patrick Leahy (D-VT), has pledged to have hearings on the issue in September. There is growing bi-partisan support for reform.
The Sessions bill (S. 1383) would reduce the crack/powder sentencing disparity to 20 to 1 by lowering penalties for crack cocaine and raising penalties for power cocaine. Since Hispanics are disproportionately prosecuted for powder cocaine offenses, the practical effect of the Sessions bill would be to reduce racial disparities for blacks, while increasing them for Hispanics. The Hatch bill (S. 1685) would reduce the disparity to 20 to 1 by lowering penalties for crack cocaine and leaving powder penalties unchanged (it is, thus, significantly better than the Sessions bill). The Biden bill (S. 1711) would completely eliminate the disparity by lowering crack penalties to equal those of powder.
Of the three bills, Senator Biden's bill is the only one to completely eliminate the disparity; and it would accomplish this without subjecting more Americans to draconian mandatory minimum sentences. His bill is the one the Senate should pass. Please take a minute to fax your Senators and urge them to co-sponsor Senator Biden's reform bill (S. 1711).
If you live in Delaware, please take a moment to call Senator Biden's Wilmington office and thank him for introducing a bill to eliminate the crack/powder cocaine sentencing disparity. The office number is 302-573-6345.
More Information:
While it takes just five grams of crack cocaine (about two sugar packets worth) to receive a five-year mandatory minimum sentence, it takes 500 grams of powder cocaine to receive the same sentence. 50 grams of crack cocaine triggers a ten-year sentence, but it takes 5,000 grams of powder cocaine - 5 kilos - to receive that much jail time.
Even though 66% of crack users are white, blacks make up more than 80% of federal defendants sentenced for crack cocaine offenses. No other federal law is more responsible for gross racial disparities in the federal criminal justice system.
And although the crack mandatory minimums were enacted to punish major traffickers, the vast majority of people subjected to them are low-level offenders. A recent report by the U.S. Sentencing Commission found that almost 70% of federal crack cocaine defendants had only low-level involvement in drug activity.
MPP: Help stop DEA obstruction of medical marijuana research
Would it surprise you to learn that the Drug Enforcement Administration (DEA) is refusing to allow medical marijuana research to move forward â despite a clear recommendation from its own administrative law judge to let such research happen?
If youâre like me, this will be just the latest outrage from the same agency that insists on terrorizing and arresting medical marijuana patients and providers who are complying with state law and their doctorsâ advice.
Would you please take one minute to ask your U.S. House member to direct the DEA to permit medical marijuana research to move forward? MPPâs online action center has done all the work for you; just click a few buttons and your letter will be sent.
(Congress provides the DEA with 100% of its funding â all of it taxpayer money â so the DEA is more likely to listen to members of Congress than just about anyone else.)
In February of this year, DEA Administrative Law Judge Mary Bittner recommended that Professor Lyle Craker and the University of Massachusetts be granted a license to grow research-grade marijuana that would be used in FDA- and DEA-approved clinical studies into marijuanaâs therapeutic uses, noting that it would be âin the public interestâ to do so. But the DEA has ignored her recommendation and continued to block the research.
And earlier this month, during a hearing before the U.S. House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security, DEA official Joseph Rannazzisi refused to commit to a timeline for ruling on the University of Massachusettsâ application ... even implying that the DEA might just wait until after a new presidential administration takes power in January 2009!
This is the height of hypocrisy. The DEA continually cites insufficient research as a reason for keeping medical marijuana illegal â while simultaneously blocking the very research thatâs needed to persuade the FDA to approve marijuana as a prescription medicine.
How can the DEA hide behind the FDA in arguing against medical marijuana access, and then block any attempt to move marijuana through the FDA approval process?
Would you please take one minute to ask your U.S. House member to stop letting politics interfere with research into the medicinal value of marijuana?
Thank you,![]()
Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.
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