Senate Bill to Eliminate Cocaine Sentencing Disparity Introduced

The Fairness in Sentencing Act of 2009 would end the controversial 100 to 1 disparity between crack and powder cocaine sentencing under which it takes 100 times the quantity of powder cocaine to trigger the same mandatory sentence as for crack cocaine.  The legislation has nine original cosponsors, including Senate Judiciary Committee Chairman Patrick Leahy (D-VT) and the chairman of the Crime and Drugs Subcommittee, Arlen Specter (D-PA).

“The Sentencing Project is pleased to endorse the Fairness in Sentencing Act of 2009,” said Marc Mauer, executive director of The Sentencing Project. “The racial disparity in federal incarceration resulting from this 1986 law has contributed to distrust in the justice system among minority communities.  Addressing this universally recognized sentencing unfairness will help reduce the unwarranted disparity and restore confidence in the criminal justice system.”

The bill’s introduction comes during the month of the 23rd anniversary of the Anti-Drug Abuse Act of 1986 which differentiated between two forms of cocaine - powder and crack. The law resulted in harsher punishments for low-level crack offenses compared to powder cocaine offenses, despite the similar pharmacological effects of the drugs.

In July, the House of Representatives’ Judiciary Committee approved similar legislation to eliminate the cocaine sentencing disparity.  H.R. 3245 was sponsored by Rep. Robert “Bobby” Scott (D-VA). Moreover, Attorney General Eric Holder has called for the complete elimination of the crack cocaine disparity, reform consistent with the legislation introduced today in the Senate.

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