Crack cocaine disparity in federal sentencing may be at an end
The House Judiciary Committee passed the Fairness in Cocaine Sentencing Act of 2009 last week which would remove the words “cocaine base” in federal drug statutes. If the bill becomes law, it would effectively close the wide gap between sentences for crack and powder cocaine.
The Minneapolis Star Tribune has the story.
In 1986, Congress passed the Anti-Drug Abuse Act which created the vast disparity. Many of the original supporters and drafters of the 1986 law have since come out to oppose it. The law essentially created a 100-to-1 sentencing disparity between crack and powder cocaine. For instance, a person convicted of possessing five grams of crack cocaine will receive a minimum sentence of five years. However, it would take 500 grams of powder cocaine for a person to receive the same sentence.
This disparity has fallen hardest upon African Americans. It is estimated that around 80% of those convicted of crack offenses are black even though the majority of crack users are white or Hispanic.
President Obama’s Administration seems to be onboard with the proposed change in the law. Last month Attorney General Eric Holder was quoted as saying that the difference in punishment is “simply wrong.” The President will have the opportunity to sign the bill into law assuming both the House and the Senate vote in favor.
And not a moment too soon, although it is uncertain whether this proposed law will be retroactive. It's too early to tell if this legislation will help those people who have already been convicted under the existing version of this law.
Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.
