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Jasmine Tyler

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Congress Passes Historic Legislation to Reduce Crack/Powder Cocaine Sentencing Disparity

Posted: 07/28/10 04:15 PM ET

Today, the House passed legislation reducing the two-decades-old sentencing disparity between crack and powder cocaine offenses. The Senate passed an identical bill in March and the legislation is now heading to President Obama, who supports the reform effort.

This is a historic day, with House Republicans and Democrats in agreement that U.S. drug laws are too harsh and must be reformed. The tide is clearly turning against the failed war on drugs.

Before the changes, a person with just five grams of crack received a mandatory sentence of five years in prison. That same person would have to possess 500 grams of powder cocaine to earn the same punishment. This discrepancy, known as the 100-to-1 ratio, was enacted in the late 1980s and was based on myths about crack cocaine being more dangerous than powder. Scientific evidence, including a major study published in the Journal of the American Medical Association, has proven that crack and powder cocaine have identical physiological and psychoactive effects on the human body.

The 100-1 ratio has caused myriad problems, including perpetuating racial disparities, wasting taxpayer money, and targeting low-level offenders instead of dangerous criminals. African Americans comprise 82 percent of those convicted for federal crack cocaine offenses but only 30 percent of crack users, and 62 percent of people convicted for crack offenses were low-level sellers or lookouts.

Advocates pushed to totally eliminate the disparity but ultimately a compromise was struck between Democrats and Republicans to reduce the 100-to-1 disparity to 18-to-1. The compromise also eliminated the five year mandatory minimum sentence for simple possession of five grams of cocaine (about two sugar packets worth). The repeal of that mandatory minimum is the first repeal of a mandatory minimum drug sentence since the 1970s. Overall, the compromise bill is expected to reduce the federal prison population by thousands of offenders and save an estimated $42 million in criminal justice spending over the first five years.

I'm overjoyed that thousands of people, mostly African American, will no longer be unjustly subjected to the harsh sentencing laws enacted in the 1980s. The compromise is not perfect and more needs to be done, but this is a huge step forward in reforming our country's overly harsh and wasteful drug laws.

 
 
 
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grandma58
http://parkersnowefiberartblog.blogspot.com/
11:27 PM on 08/16/2010
good
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gypsy508
08:36 PM on 08/01/2010
Yea. Just as crack has become common in white America too.
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GlennWatson
Two million fans
06:50 PM on 08/01/2010
The higher penalties for crack were originally pushed by the Congressional Black Caucus. Ever since then, they have been evidence, to the ignorant, of white racism.
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02:43 PM on 08/01/2010
can't you just hear the BECKHANITYRUSHBILLO crowd talking about how Obama is only for the black people after this one is signed into law? I sure hope they reduce some of time for the nonviolent offenders as well
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Mister Biggles
07:31 AM on 08/01/2010
Why do we have the right to tell anyone who is not harming another person to stop doing anything they want to do?
05:25 PM on 08/01/2010
What?

Drug addicts harm tons of people--their kids, spouses, etc.

We need to just execute them.
12:48 AM on 08/01/2010
Thanks. As if I needed aother reason to smoke crack
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mbarnett
Just a regular guy.
09:26 PM on 07/30/2010
The War on Plants is absolutely insane. This is the 21st Century but the United States might as well be in the 12th Century with its puritanical need to outlaw sex and drugs while maintaining its obsession with violence. Sick! American culture is SICK!

Legalize drugs now. End this insanity.
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grandma58
http://parkersnowefiberartblog.blogspot.com/
11:30 PM on 08/16/2010
crack/meth is horrible

pot make it legal yesterday

maybe get those meth addicts on some good old fashioned laudanum or mescaline
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08:19 PM on 07/29/2010
You want to end all disparity in sentencing and punishment? Legalize all drugs.

Why should the daughter of VP Biden (who happens to be a proponent of the DEA) get away scott free for cocaine possession? It's a health issue, not a legal one.

The only professional who should be implicated are a nurse and doctor, not a lawyer and police.
04:27 PM on 07/29/2010
Ok, i'm against the war on drugs, but 5 grams of coke is not 2 sugar packets worth. Five grams would be a mass of cocaine about the size of a golfball, perhaps a little larger.
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acacia72
06:45 PM on 07/29/2010
No way! 2 sugar packets is about right. A golf ball sized rock would be at least an oz, which is about 27 grams.
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02:42 PM on 07/29/2010
Except for interstate trafficking of drugs, the illegality of recreational drugs is none of the Federal Government's business. Where are the Conservative Constitutionalists demanding the Fed stop poking their nose where the Constitution says it's a state's right? Drug arrests need to be stopped all together and drug treatment needs to take its place. Of course that would put a lot of law enforcement out of business.
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07:27 AM on 07/30/2010
Couldn't those law enforcement personnel be used to solve real crimes, like ones with victims? I don't think we're out of those yet, there is plenty for them to do. Of course, they might have to deal with real criminals instead of pot dealers, and that is scary........
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grandma58
http://parkersnowefiberartblog.blogspot.com/
11:31 PM on 08/16/2010
Private prisons would suffer as well, oh well too bad so sad for the privatw prison industry.
02:25 PM on 07/29/2010
Stop the stupid war on drugs. Stop the stupid wars in Afghanistan and Iraq. Stop wars period. They are futile and are bankrupting the country.
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homer winslow
Truth in Beauty, Beauty in Truth
02:23 PM on 07/29/2010
After spending 18 months in prison for being in a car with a pound of marijuana that was not mine, in 1969 in Texas, I can attest to the fact that no good comes from putting people in jail for possession. I was offered no classes or counseling that could have supposedly cured me of the alleged drug habit or helped me to become a better member of society. Instead I was made to chop weeds in corn and cotton fields with a boss man on a horse pointing a rifle at me. I lost all respect for authority more in prison than ever before. The war on drugs is a failure and has harmed society more than it has helped. I have become a productive member of society, going to college holding a full time job from the day of my release. I still, proudly smoke marijuana, legally now since I am on the Colorado Medical Marijuana Registry.
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10:41 AM on 07/30/2010
I'm so sorry that happend to you :(
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BlairCase
12:49 AM on 08/01/2010
The sentences handed out in Texas for marijuana possession in the late 60s were insane. I could never understand why my friends risked using it when booze was cheaper and more potent. And in Texas in the 60s you could drive drunk and kill people and never spend a day in jail. Booze was more damaging to your health, of course, but my friends weren't health freaks. Some of them were hippie-type peaks. Did they ever remove the conviction from your record?
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Baileygk
homosexual socialist, and proud of it!
02:18 PM on 07/29/2010
can we shut our 7! military bases in Columbia now and maybe work with our south american neitherbours?
01:33 PM on 07/29/2010
Here's my idea for a saner approach to drug addiction:

1. Decriminalize ALL drugs BUT....

2.Dispense narcotics to addicts through in-patient medical facilities where patients are fed and under the care of medical professionals;

3. Encourage addicts, primarily through psychological counseling, to engage in substance abuse recovery programs. But don't make this a stipulation of their care or many/most won't stay. But it will open the door to recovery for many,many more addicts.

This gets addicts off the street which will reduce crime. It puts drug dealers out of business which really reduces crime. It appropriately treats drug addiction as a health problem. It prevents/diminishes addicts from catching Hep B, AIDS,etc.through dirty needles. It prevents them from robbing people and prostituting themselves in order to support their habit. Essentially, it would be a MUCH, MUCH more efficient and probably less expensive way, to wage this so called war on drugs.
06:01 PM on 07/29/2010
Uh, after the stuff is legalized the price goes from big buks per hit down to pennies. Plus lots of folks who are able to obtain a manitenance dose are pretty normally productive as is. I mean your hearts in the right place you just don't seem to have much exposure to the nitty gritty of substance use/abuse, and addiction/compulsive personality types.
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07:32 AM on 07/30/2010
The price dropping is why the original poster said that "It prevents them from robbing people and prostituting themselves", I think he understands very well. You are talking about addiction. The original poster was talking about prohibition. Two different things. Addiction existed before prohibition, and it will exist after prohibition. Prohibition's only effects are the negatives that the original post addresses. After all, you must be fully aware, as some one with a lot of exposure to the nitty gritty, that narcotic addiction rates are unchanged since the passage of the Harrison Narcotic Act in 1914, right?
12:55 PM on 07/29/2010
Someone needs to update Wikipedia on the subject ;-)