The Senate Judiciary Committee approved legislation Thursday that takes a significant step toward reducing the disparity between sentences for powder cocaine and crack cocaine.
Crack cocaine (iStock)
The committee voted, 19-0, to approve the Fair Sentencing Act. Before approving the measure, the panel voted, 17-1, to reduce the 100-to-1 ratio between crack and powder cocaine penalties to 18-to-1. As originally introduced by Assistant Majority Leader Dick Durbin (D-Ill.), a member of the panel, the bill would have established the same sentencing guidelines for powder cocaine and crack offenses.
The decades-old sentencing law currently gives the same five-year mandatory minimum sentence for the possession of five grams of crack cocaine as it does for the possession of 500 grams of powder cocaine. The bill endorsed by the panel Thursday would give the same five-year mandatory minimum sentence for the possession of 28 grams of crack cocaine as it does for the possession of 500 grams of powder cocaine.
Democrats have said the law tends to disproportionately target blacks, because crack is typically used in poorer urban communities.
“I know this agreement is not everything we would like. Frankly, it is not everything that I would like either,” Durbin said Thursday. “But this is a historic day. The Senate Judiciary Committee has never reported a bill to reduce this crack-powder disparity.”
Sen. Jeff Sessions of Alabama, the panel’s ranking Republican, said that the bill reported out of committee strikes the right balance in addressing concerns that the current sentencing guidelines unjustly targets blacks and the needs of law enforcement officials.
“We are dealing with a real law enforcement issue that needs to be handled and the sentences need to be adjusted in a way that’s significant, meaningful and makes a real difference, but also doesn’t inadvertently undermine the ability of our law enforcement community trying to make our neighborhoods safer,” Sessions said.
The House Judiciary Committee approved its version of the legislation in July. Unlike the Senate bill, the House legislation eliminates mandatory minimum sentences for cocaine and crack offenses.
The Justice Department has expressed support efforts for eliminating the differences between crack and powder cocaine sentencing. Assistant Attorney General Lanny Breuer said at a House hearing in May that the current sentencing policies are “hard to justify.”
u r so right and lets stand tall, ILLINOIS itself need’s the PRESIDENT to come and clean up alot of towns, i’m fed up with all these people who SWORE 2 take an OATH to protect and serve the citizen’s of my state, hell we milds well just all do what we want, they do…. Its all about MONEY I Know
Thank u Jesus, now lets work on a law that they should have a DRUG court for all, a drug is a drug reguardless RIGHT, I have seen in my life so many people who make sell take and use METH and hell they get probation, What the F*** is wrong with u people????? we voted u in we can VOTE u OUT wake up, heaven is not only for white’s and i cant stand HATE crimes, and I have seen 2 many of them.
will this help our young men, that’s already incarcerated on this
unfair law. will it be retroactive. i am glad to see them get some help