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Crack Cocaine Sentences May Come Down

Criminal defense lawyers representing clients charged in crack cocaine cases have decried the disparity in sentencing of persons convicted of possessing or selling crack as opposed to powder cocaine.

Under current U.S.  Sentencing Guidelines (USSG), a person convicted of possessing or distributing 50 grams of crack cocaine gets the same sentence as another who possesses or distributes 100 times more that amount of cocaine powder. This 100-1 disparity in sentencing has befuddled federal judges, prosecutors and defense attorneys, an now, apparently, some action may soon be taken in Congress to correct the situation.

On Thursday, February 11, the Senate Judiciary Committee is scheduled to take under consideration S-1789, titled the Fair Sentencing Act of 2009. This Bill amends those sections of 21 U.S.C. 841 to equalize the penalties for conviction of cocaine and crack cocaine. It does so by increasing the amount of crack cocaine from 50 grams to 5 kilograms to constitute a violation. It is intended that the amendment will lead to law enforcement to re-focus efforts on drug "king pins" rather than targeting the street-level dealer.

The amendment also directs the U.S. Sentencing Commission, the independent body responsible for promulgating the USSG, to make appropriate changes to the the guidelines so that they will take effect upon passage of the Bill into law.

A related Bill in the House of Representatives seeks to amend the law as well. The House Bill specifies that it will be retroactive only for convictions occurring within 180 days of enactment. The Senate Bill does not specify whether it will be retroactive or not.

We shall be monitoring the progress of these two pieces of legislation and will keep those interested advised.