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Cocaine vs. Crack

Posted by: euser
August 08, 2006
Topic: Criminal Defense

Interesting proposal pending in the United State Senate regarding the present sentencing disparity between Crack Cocaine and Powder Cocaine. . .which is presently 100 times worse for crack cocaine. 

Defense lawyers have long argued against the "sentencing disparity" as it tends to target lower economic offenders. . .those people who use crack vs. powder cocaine.  If anything, crack cocaine has a lower % of cocaine in its makeup, yet it can have a more potent effect on the user. 

Of great import is the fact that all four sponsors of the bill are former Attorney Generals, which means they were the lead prosecutors for their respective states.  Under the proposed statute

Four U.S. senators -- two Democrats and two Republicans -- are proposing to reform, but not equalize, currently disparate penalties for offenses involving powdered and crack cocaine, the Washington Times reported July 26.

The measure introduced by Sens. Jeff Sessions (R-Ala.), John Cornyn (R-Texas), Mark Pryor (D-Ark.) and Ken Salazar (D-Colo.) would change the amount of crack cocaine required to trigger mandatory-minimum sentences from the current 5 grams to 20 grams. At the same time, the amount of powdered cocaine needed to trigger mandatory sentences for possession would drop from 500 grams to 400 grams.

The net effect of the Drug Sentencing Reform Act would be to reduce the current sentencing disparity between crack and powdered cocaine from 100-1 to a more modest 20-1. Sessions predicted the bill, which he said would shift the emphasis from amount of drugs possessed to the type of crime committed, would result in "tougher sentences on the worst and most violent drug offenders and less severe sentences on lower-level, nonviolent offenders."

All four lawmakers are former state attorneys general. "We not only need just laws, but they need the appearance and reality of fairness," said Cornyn.

The ACLU and drug reform groups have long called for equalizing penalties for crack and powdered cocaine, noting that the drugs are chemically identical and that the tougher crack penalties disproportionately effect minorities.

Still, Session insisted that "crack is a more dangerous commodity," saying it is more addictive and apt to cause paranoia and violence.

See original story.



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