The Leadership Conference on Civil and Human Rights

Yesterday, the House Judiciary Committee passed 16-9 the Fairness in Cocaine Sentencing Act, introduced by Rep. Bobby Scott, D. Va., which will eliminate the disparity between federal crack cocaine and powder cocaine sentencing.

Under current law, a person convicted of possessing five grams of crack receives a mandatory minimum sentence of five years in prison.  To receive the same sentence for powder cocaine, a person would have to possess 500 grams of powder – 100 times the amount of crack – even though both drugs are pharmacologically the same.

Both the Supreme Court and the U.S. Sentencing Commission have recognized the unfairness in this disparity and have acted to reduce it.  Only Congress is able to eliminate the disparity.

The Act sets the sentencing trigger at 500 grams for both types of cocaine.  In addition, it eliminates the mandatory minimum sentence of five years for simple possession of crack cocaine.

The Senate is expected to introduce bipartisan legislation to eliminate the disparity in cocaine sentencing soon.