Congress has a chance to fix crack cocaine/cocaine sentence disparity

Damian Dovarganes

There’s a real chance Congress finally fixes a major sentencing disparity issue regarding crack cocaine and powdered cocaine. Current sentencing guidelines require those convicted of carrying at least 28 grams of crack to be sentenced to five years in prison, the same for someone convicted of carrying 500 grams of powdered cocaine. Those caught with 280 grams of crack gets ten years the same as if they were carrying 5KG of coke.

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The reasons for the sentencing disparity involves the chance of addiction. The prevailing belief is it’s easier to become addicted to crack than it is cocaine. Newsweek portrayed crack in June 1986 as an epidemic across the United States which appeared almost entirely impossible to stop.

Reality shows something entirely different.

“Contrary to the media stories and drug war rhetoric, most people who have tried crack or smoked cocaine have not continued to use it,” the 1997 book Crack in America: demon drugs and social justice edited by Harry G. Levine and Craig Reinarmann noted. “Daily crack smoking, like daily heroin injecting, occurs mainly among the poorest, most marginalized people in American society-and only among a small minority of them. In its most popular year, crack was used heavily by only a small percentage of even the people who used cocaine. Crack never became a popular or widely used drug in the United States, or anywhere in the world.”

The book notes Newsweek later retracted its comments regarding crack’s addictiveness in 1991 without admitting any involvement portraying it as this horribly awful drug people get hooked on instantaneously.

Yet, America’s drug laws remained extremely harsh towards those who decided to use crack instead of cocaine. Congress seeks to change it with the EQUAL Act which currently sits in the House Judiciary Committee. The bill, which includes bipartisan support from Republicans like Dan Crenshaw and Thomas Massie and Democrats like Shiela Jackson Lee and Jerrold Nadler, would eliminate increased penalties for cocaine-based drugs like crack.

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One reason for the need for reform is racially-based. Stats compiled by Jason Pye of the Due Process Institute show a heavy disparity towards locking up Blacks compared to Whites. Opponents might argue African-Americans use crack more than Caucasians, however, the stats show differently. Talbott Recovery noted more Whites are likely to use crack versus Blacks. Meaning the feds and local law enforcement targeted Black communities instead of White ones. A major problem from a police standpoint.

Will the reform happen? That depends on movement within both chambers of Congress. They’re on recess right now, but could return before the end of the year to look another look at fixing this absolutely horrendous sentencing law. One can only hope this gets fixed sooner rather than later.

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