And still others, like alabama, allow powder, but not crack, cocaine defendants to participate in a pretrial drug diversion program. Many inmates are being released starting tuesday, thanks to changes easing the disparity between crack and powder cocaine sentences. 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. Federal crack cocaine sentencing reform analysis obrien. Of course, it would be disingenuous not to acknowledge that the prevailing view in 1986, when this law was enacted, was that, because it was so cheap, the use of crack cocaine was. This act mandated a minimum sentence of 5 years without parole for possession of 5 grams of crack cocaine while it mandated the same for possession of 500 grams of powder cocaine. The same sentence existed for possession of at least 500 grams of cocaine. Sep 28, 2007 for sentencing purposes, the 1980s federal laws treat as little as 5 grams of crack roughly the weight of two sugar cubes the same as 500 grams of powder cocaine a halfkey in miami vice. Similarly, five kilograms of powder cocaine, but only 50 grams of crack cocaine, triggered a tenyear mandatory minimum. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a minimum 5 year federal prisonsentence, while distribution of 500 grams of powder cocaine carries the same 5 year mandatory minimum sentence. Under the old law, 50 grams of crack cocaine and 5 kilograms of powder cocaine triggered the same 10year mandatory minimum sentence.
Instead of sentencing distinctions, some of the states impose a mandatory minimum sentence for crack, but not powder cocaine. In 2010 congress passed the fair sentencing act, which repealed the mandatory minimum sentence for simple possession and reduced the sentencing disparity from 100. While for that same 5year sentence a defendant would need to possess 500 grams of powder cocaine. The sentencing disparity for dealing crack and powder cocaine was 100 to 1. Oct 25, 2007 currently, there is a 5year minimum prison penalty for possessing 5 grams of crack thats more than an eight ball in the street. Crack and cocaine are both drugs created from the coca plant but have a different level of refinement. Aug 05, 2010 for example, a person convicted of possessing five grams of crack cocaine got the same mandatory sentence as one convicted of possessing 500 grams of powder cocaine.
It mandated a mandatory minimum sentence of five years without parole for possession of five grams of crack. The ussc also adopts the 100to1 ratio in the federal sentencing guidelines for crack offenses. Under the bill, 28 grams of crack and 500 grams of powder cocaine trigger the fiveyear mandatory minimum, and 280 grams of crack and 5. The sentence increases if the offense involves a firearm, violence, or injury to another and if the offender has a prior criminal record. Data show racial disparity in crack sentencing us news. Thats a big, drug dealing, bag of cocaine were talking about. With a set of mandatory minimum sentencing laws passed in 1986, congress for the first time distinguished between crack and powder cocaine.
For example, a person convicted of possessing five grams of crack cocaine got the same mandatory sentence as one convicted of possessing 500 grams of powder cocaine. Under the current law, crack users possessing only 5 grams of the drug are charged with a felony to get the same charge, powder cocaine users have to be caught with 500 grams. Dec 27, 2008 basically, for sentencing purposes in the federal system, the relevant statute 21 u. A person convicted of possessing 5 grams of powder cocaine will probably receive a probation sentence. A person convicted in federal court of possession of 5 grams of. 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. He wants to convert that half gram to potent crack without losing anything or almost anything. The amount of powder cocaine necessary to trigger the sentence is still five kilos. Aug 03, 2010 data show racial disparity in crack sentencing. The sentencing disparities between crack and cocaine attn. For example, someone caught with powder cocaine would have to have 100 grams of the drug to get the same sentence as someone caught with just one gram of crack cocaine.
Nov 01, 2011 many inmates are being released starting tuesday, thanks to changes easing the disparity between crack and powder cocaine sentences. For example, possession of just 5 grams of crack cocaine about a thimble full triggers a five year mandatory minimum sentence. This imbalance means that 28 grams of crack will receive the same sentence as 500 grams of powdered cocaine. Crack is also the only drug that carries a mandatory prison sentence for first offense possession. He is usually an iv user but cannot obtain a rig today. Both powder and crack cocaine produce excess amounts of dopamine, a brain chemical that affects how people feel pleasure. President obama signed the fair sentencing act of 2010, doing away with the fiveyear mandatory minimum for possession of five grams of crack cocaine, and increasing the amount of crack required to result in a mandatory sentencing for federal drug trafficking crimes.
Similarly, while sale of 5,000 grams of powder leads to a 10year sentence, only 50 grams of crack trigger the same 10year sentence. C 841 treats one gram of crack cocaine as equivalent to 100 grams of powder cocaine. New rules slashing crack cocaine sentences go into effect. A person convicted in federal court of simple possession of 5 grams of crack is subject to a mandatory fiveyear prison term while a person convicted of possessing 5 grams of powder will probably receive a probation. Yes, the process of converting coke to crack and vice versa is discussed ad nauseam here. For mere possession of powder cocaine, there is no mandatory. Mar 21, 2007 for instance, possession of only 5 grams of crackcocaine yields a 5 year mandatory minimum sentence, however it takes 500 grams of powder cocaine to prompt the same sentence. Five grams of crack and 500 grams of powder cocaine now trigger a 5year mandatory minimum. Powder cocaine sentence differences during the 1986, congress enacted the anti drug abuse act that consisted of mandatory fines for crack abusers that have been described as the worst in the history of drug offences. 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. 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 powder cocaine and a. For sentencing purposes, the 1980s federal laws treat as little as 5 grams of crack roughly the weight of two sugar cubes the same as 500 grams of. With respect to adults, it is fitting that those with higher incomes would be more financially equipped to. Crack cocaine legalities articles on crack cocaine.
One would think, based on the sentencing laws, that crack cocaine is a very different drug than powder cocaineand much worse. For example, the possession of 2 ounces of crack cocaine carried a 10 year mandatory minimum jail sentence compared to 179 ounces of powder cocaine for the same penalty. Im working on a paper that deals with the disparity of crack vs. Inherent in the law is the infamous 100to1 disparity, whereas trafficking in 5 grams of crack cocaine draws a fiveyear prison sentence, while it takes 500 grams of powder cocaine to land. President obama signed the fair sentencing act of 2010, doing away with the fiveyear mandatory minimum for possession of five grams of crack cocaine, and. Legislature approves change in crack cocaine sentencing. Until 2010, this sentencing disparity was 100 to 1, which means that while just 5 grams of crack would carry a 5year mandatory minimum. Before obama signed the fair sentencing act, someone caught with 5 grams of crack cocaine had received the same sentence as someone caught with 500 grams of powder cocaine. An analysis of crack and powder penalties, march 17, 2002. For example, someone caught with powder cocaine would have to have 100 grams of the drug to get the same sentence.
May 25, 2011 under the current law, crack users possessing only 5 grams of the drug are charged with a felony to get the same charge, powder cocaine users have to be caught with 500 grams. Working toward social justice in federal cocaine sentencing. The law made various different fine structures for crack and powder cocaine abusers, based on the fact that crack is. A federal conviction for possession of cocaine with the intent to distribute a minimum of 28 grams of crack, or 500 grams of powder carries a minimum of five 5 years in prison. Its initial effect is to release a large amount of dopamine, a brain chemical inducing feelings of euphoria. But in reality, according to experts, crack cocaine and powder cocaine are essentially identical. Trafficking in 500 grams or more of powdered cocaine carries a mandatory minimum sentence of 5 years in prison. For instance, possession of only 5 grams of crackcocaine yields a 5 year mandatory minimum sentence, however it takes 500 grams of powder cocaine to prompt the same sentence. Under the current law, a person who sells 425 grams of powder cocaine would face the same charge and sentencing as someone who sells 2. Dec 06, 2010 im working on a paper that deals with the disparity of crack vs. Crack and powder cocaine sentences may equalize law blog. As it stood under the new law, 500 grams of powder cocaine, but only five grams of crack cocaine, triggered a fiveyear mandatory minimum. New rules slashing crack cocaine sentences go into effect cnn.
Sentencing guidelines show that 500 grams of powdered cocaine will put you away for the minimum of five years, where only 5 grams of crack cocaine can give you the same amount of years. A person convicted in federal court of possession of 5 grams of crack automatically receives a 5 year prison term. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a. The disparity is highly controversial and often attributed to racial and economic bias rather than the relative harm of crack versus cocaine. Under the law, possession of 5 grams of crack cocaine incurred the same minimum sentence as 500 grams of powder cocaine a 100 to 1 quantity disparity that remained in. Some experts believe crack is more likely to be abused because of its brief high and low. In short, crack cocaine does the same thing to the brain as powder cocaine. The difference between crack cocaine and powder cocaine. Why are crack cocaine sentences longer than those for. For instance, the person who is carrying around 5 grams of crack cocaine can have a sentence that lasts at least five years whereas a person who carries 500 grams will then be punished for a 5 year sentence. Its not often that the federal government relaxes sentences for drug.
A brief history of crack cocaine sentencing laws famm. Now, the ten year sentence is triggered by 280 grams of crack instead of 50. Crack cocaine is the sole drug that, when found being carried by a person. Mar 24, 2011 before obama signed the fair sentencing act, someone caught with 5 grams of crack cocaine had received the same sentence as someone caught with 500 grams of powder cocaine. Why are crack cocaine sentences longer than those for powder. Oct 01, 2007 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 powder cocaine and a 10year mandatory minimum.
Federal cocaine trafficking federal law imposes mandatory prison sentences for cocaine trafficking convictions. What is the difference between crack and powder cocaine in. In 1986, with the passage of the antidrug abuse act, possession of 5 grams of crack cocaine given a fiveyear mandatory, minimum sentence, even for a first offense. Under the law, it took 500 grams of powder cocaine to trigger the same fiveyear mandatory prison sentence as someone caught with just 5 grams of crack cocaine.
Passage of this act immediately resulted in the prosecution of many african american males who were caught with as little as 5 grams of crack. Now that disparity is being reduced from 100to1 to 18to1. Chief among these is the racial outcome of the sentencing disparity. 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. 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. Act implemented this differential by requiring 100 times less crack cocaine than powder cocaine to trigger five and tenyear mandatory minimum penalties.
Crack, which emerged in the mid1980s, had been deemed. What is crack cocaine differences between crack and cocaine. Even though powder and crack cocaine are the same price in terms of dollarsperpureunit, powder cocaine is more expensive as it tends to be sold in grams whereas crack is more often sold in smaller unit sizes caulkins, 1997. Themaximum sentence for simple possession of any other drug, including powder cocaine, is 1 year in jail. 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. This sentencing disparity was reduced from 100to1 to 18to1 by the fair sentencing act of 2010.
Effects of crack cocaine include euphoria, supreme confidence, loss of appetite, insomnia, alertness, increased energy, a craving for more cocaine, and potential paranoia ending after use. There is no longer a mandatory minimum for simply possessing crack cocaine. Currently, there is a 5year minimum prison penalty for possessing 5 grams of crack thats more than an eight ball in the street. Key provisions of the act changed the previous sentencing laws for trafficking crack cocaine to the following. Crack cocaine is also the only drug that carries a mandatory prison sentence for a firsttime possession offense. The federal government sought to crack down on the problem by implementing severe prison sentences for those people caught dealing crack cocaine. Crack cocaine is commonly used as a recreational drug. Basically, for sentencing purposes in the federal system, the relevant statute 21 u. Drug effects both powder and crack cocaine produce excess amounts of dopamine, a brain chemical that affects how people feel pleasure.