Crack cocaine, also known simply as crack or rock, is a free base form of cocaine that can be smoked. Kimbrough had prior misdemeanor offenses, but no prior felonies. New drug law narrows crack, powder cocaine sentencing gap. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a minimum 5year federal prisonsentence, while distribution of 500 grams of powder cocaine carries the same 5year mandatory minimum sentence. The legislation also eliminates the mandatory minimum for simple possession of crack cocaine. Aug 03, 2010 support for reducing the disparity with powder cocaine offenders increased with reports beginning in 2002 by the u. The federal government sought to crack down on the problem by implementing severe prison sentences for those people caught dealing crack cocaine. Mar 18, 2010 bill eases penalty for crack cocaine possession the current law punishes crack users 100 times more heavily than powder cocaine users. Crack cocaine sentencing policy crack is the only drug that has a strict and harsh punishment. Disparity in sentencing for crack vs powder cocaine essay. Dec 03, 2019 maryland distinguished between offenses involving powder cocaine and crack cocaine using a 9to1 ratio, according to a 2002 report to congress. Federal crack cocaine sentencing the sentencing project. Congress directed the united states sentencing commission to study federal sentencing policy as it relates to possession and distribution of all forms of cocaine.
Africanamericans now serve virtually as much time in prison for a drug offense 58. What happens if you mix cocaine with alcohol or other drugs. In that regard, sentences imposed for crack cocaine are so much harsher that approximately 100 times as much powdered cocaine is required to approach the sentences imposed in connection with crack cocaine offenses. Before this law was passed, the united states had a 100to1 crack topowder cocaine sentencing disparity. Crack is freebase cocaine that can be smoked, and therefore has different effects. Why are crack cocaine sentences longer than those for powder. What options are available to treat cocaine addiction. Crack, which emerged in the mid1980s, had been deemed. Why do you think crack users have gotten a worse rap than cocaine users and likewise, what is to be said about the unequal punishment handed out for both crimes. Before 1986, federal sentencing laws treated possession of crack and powder cocaine the same. Crack cocaine affects the mind faster, giving users a less likely chance to escape the drug and the harsh penalties that follow it. Sentencing commission calling for congress to change the crack cocaine law. Download 32page term paper on sentencing disparities between crack cocaine vs. There were differences in how the two substances were viewed for purposes of prosecution, although they are basically the same drug.
Aug 03, 2010 the enhanced penalties for crack cocaine, he says, have proven useful, and a better course of action would have been to instead raise the penalties for powder cocaine crimes. There is a 5year minimum prison penalty for a firsttime trafficking offense involving 5 grams or more of crack cocaine or 500 grams or more of. Fifteen states singled out crack offenders for more severe punishment, with quantity disparities between powder cocaine and crack ranging from 2to1 in california to 100to1 in iowa and north. After cocaine and baking soda are combined, the mixture is boiled, and a solid forms. Jones was charged with six counts of possession with intent to distribute crack cocaine and aiding and abetting, and one count of conspiracy to. Crack is significantly more addictive than blow blow is quite addictive as well. Until 2010, this sentencing disparity was 100 to 1, which means that while just 5 grams of crack would carry a 5year mandatory minimum, it would take 500 grams. Crack cocaine and powder cocaine are sometimes referred to in research and other outlets simply as cocaine, but there is a big difference between the two. Crack cocaine and powder cocaine are the same drug, simply sold in different forms. May 09, 2020 download 32page term paper on sentencing disparities between crack cocaine vs. Data show racial disparity in crack sentencing us news. Before this law was passed, the united states had a 100to1 cracktopowder cocaine sentencing disparity.
Cracking the racial disparity for cocaine sentencing center. Crack cocaine legalities articles on crack cocaine. Sentencing commission, a federal agency, found that crack cocaine is not appreciably different from powder cocaine, either in its chemical composition or the physical reactions of its users. While they are both different chemical forms of cocaine, they differ in how they are made, how they are abused, their cost, dangers, effects, and more. The new law significantly reduces the cocaine sentencing quantity disparity from 100 to 1 to 18 to 1 by raising the quantity of crack cocaine necessary to trigger the five and tenyear mandatory minimum sentences first set in 1986. Crack and cocaine may be nearly identical on a molecular level, but people who are charged with possession of just 1 gram of crack are given the same sentence as those found in possession of 18. Falsely treating crack cocaine as 50 times more addictive than powder cocaine, as congress did more than in creating the 100toone quantity ratio, has implications beyond that of mere unfair sentencing. Seeking rehab for cocaine or crack addiction is an important step toward achieving sobriety. Because crack and powder cocaine are two forms of the same drug, there should not be any disparity in sentencing between crack and powder cocaine offenses the only truly fair ratio is 1.
At the june 6 th san francisco sentencing commission hearing, district attorney george gascon similarly recognized that equalizing sentencing makes. That year, national news outlets began reporting inflammatory anecdotes. The commission reported in 2004 that revising the crack cocaine thresholds would better reduce the sentencing gap than any other single policy change, and it would dramatically improve the fairness of the federal sentencing. Crack cocaine sentences have long been much more harsh than those for powder cocaine. Cocaine is a hydrochloride salt in its powdered form, while crack cocaine is derived from powdered cocaine by combining it with water and another substance, usually baking soda sodium bicarbonate. What is crack cocaine differences between crack and cocaine. After a decade of contentious debate regarding the federal sentencing disparities between crack cocaine and powder cocaine, a number of significant initiatives to reform current. However, it seems unreasonable to think adding baking soda makes the drug 100x more illegal. The difference between powder cocaine and crack cocaine. Crack and cocaine are both drugs created from the coca plant but have a different level of refinement. Under the old sentencing guidelines, the penalty for possessing a gram of crack cocaine was the same as that for possessing 100 grams or about 312 ounces of powder cocaine, with a corresponding.
Support for reducing the disparity with powder cocaine offenders increased with reports beginning in 2002 by the u. Oct 28, 1995 with a set of mandatory minimum sentencing laws passed in 1986, congress for the first time distinguished between crack and powder cocaine. Crack cocaine is not 100x more addictive than powder cocaine, nor does it. Cocaine possession may also be punished by the states. Learn more about the history of cocaine and crack, how history has reshaped the reputation of the drugs, and how the legal system handles sentencing differently by drug type and race. Whether sold as crack or powder, used on the street or in a corporate penthouse, the penalty for cocaine use should be the same for everybody, sen. Since the law went into effect, the ratio dropped to 18to1. That year, national news outlets began reporting inflammatory anecdotes supposedly revealing a crack epidemic. The disparity started in the 1980s, when crack cocaine started to ravish urban black communities in america. Crack is significantly more addictive than blow blow is quite addictive as well, and hits harder and cleaner. Jul 01, 2014 whether sold as crack or powder, used on the street or in a corporate penthouse, the penalty for cocaine use should be the same for everybody, sen. Crack cocaine legalities during the 1980s, cocaine and crack cocaine became increasingly popular and available in the u. In fiscal year 2010, before the passage of the fair sentencing act, almost 4,000 defendants, mainly black, received.
Congress is considering a bill to change drug laws that punish crack cocaine violations more severely than those for powder cocaine. All things considered, including a firearm offense, kimbrough faced a sentence in a guideline range of 228 to 270 months that is, 19 to 22 12 years. Crack cocaine often nicknamed crack after the sound made during its manufacture is a lowerpurity form of freebase cocaine and contains sodium bicarbonate as impurity. Over time, numerous studies have shown that the physiological and psychotropic effects of crack and powder are the same, and they are now widely acknowledged as pharmacologically identical.
The root of the problem started in 1986 with the antidrug abuse act, signed by president ronald reagan. This is the united states sentencing commissions first report to congress on the subject of federal cocaine sentencing policy. Prosecutors said that the two were found with 56 grams of crack cocaine and 92. Its chemical name benzoylmethylecgonine, cocaine has a welldeserved reputation as a serious drug of abuse. The commission establishes sentencing policies and practices for the federal courts. With a set of mandatory minimum sentencing laws passed in 1986, congress for the first time distinguished between crack and powder cocaine. The issues raised in the appeal will be discussed in future blogs as will the united states supreme courts recent decision. For more information on possession of illegal drugs, including statespecific articles, begin with drug laws and drug charges. Crack vs cocaine the differences between the punishments with crack and cocaine has been an issue with the war on drugs not many politicians, or americans, are willing to face. The sentencing disparities between crack and cocaine attn. Crack first saw widespread use as a recreational drug in primarily impoverished neighborhoods in new. Feb 22, 2015 crack and cocaine may be nearly identical on a molecular level, but people who are charged with possession of just 1 gram of crack are given the same sentence as those found in possession of 18.
Under what is commonly referred to as the 100to1 cocaine sentencing disparity, it takes one hundred times as much powder cocaine as crack cocaine to trigger the federal mandatory minimums. Maryland distinguished between offenses involving powder cocaine and crack cocaine using a 9to1 ratio, according to a 2002 report to congress. As noted above, the penalties for crack cocaine possession may be greater than for powder cocaine. More than 80% of federal prisoners serving crack cocaine sentences are black. The difference is not justified because the two drugs are very similar in their effects, yet the 100.
The enhanced penalties for crack cocaine, he says, have proven useful, and a better course of action would have been to instead raise the penalties for powder cocaine crimes. Since 1986, defendants caught with 500 grams of powder cocaine have gotten the same punishment, five years in prison, as defendants convicted of possessing only five grams of crack cocaine. Activists argue that the current rules are too harsh. Despite the fact that the chemical structure of powder cocaine and crack cocaine is nearly identical, the punishment for crack possession or sales is far greater than that of cocaine. Crack cocaine is not 100x more addictive than powder cocaine, nor does it get you that much higher. Critics say the sentencing disparity has had a huge impact on. Crack cocaine first hit the national radar in 1986 but, contrary to media reports, it was not a new drug. Bill eases penalty for crack cocaine possession the current law punishes crack users 100 times more heavily than powder cocaine users. Why, then, is the punishment for crack cocaine so much harsher than the.
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