Obama Administration Pushes for Changes in Crack Cocaine Sentencing

The Obama administration is urging Congress to eliminate the disparity in sentencing for violations involving crack and crack cocaine.  Currently, sentences for crimes involving crack are much harsher than those for crimes involving powder cocaine.

The current Federal Sentencing Guidelines for cocaine offenses employ a ratio of 100 to 1, meaning it takes 100 times more cocaine to impose the same sentence as an offense involving crack cocaine. For example, a defendant convicted of selling 5 grams of crack cocaine is subject to the same sentence as a defendant convicted of selling 500 grams of cocaine.

A number of citizens believe the disparity to be unfair and racially discriminatory. In 2007, more than 81 percent of criminals convicted for crack offenses were African American, while only 25 percent of criminal convicted for crack cocaine offenses were African American.

The disparity originated in the 1980s during an epidemic of crack cocaine. Lawmakers assumed that violence would be greater among those using crack cocaine and would, therefore, require harsher sentences. U.S. District Judge Reggie Walton admits enacting the disparity was a mistake. Assistant Attorney General Larry Breur said that “the best way to deal with violence is to severely punish anyone who commits a violent offense, regardless of the drug involved.”  The Justice Department is working on a new set of recommended sentences for cocaine.

Until the new set of recommended sentences for cocaine is introduced, Bruer encourages judges to use their own discretion. Given that the current guidelines for cocaine sentencing are advisory, judges are only required to impose “reasonable” sentences providing them the necessary discretion to deviate from the current ratio. Given the judicial discretion, it is important that you contact an experienced criminal defense attorney who will fight to protect your rights and will help ensure the most beneficial resolution for your case.

The drug possession and drug trafficking lawyers at the Strom Law Firm, LLC are dedicated to protecting the rights of our clients, providing aggressive representation grounded in our years of experience building and interpreting the laws of South Carolina.  Contact us today for a free consultation to discuss the facts of your case.