The U.S. Sentencing Commission is preparing to meet to discuss the wisdom of current federal sentencing guidelines covering the possession of crack cocaine.
Now 20 years old, the guidelines set a mandatory minimum sentence of five years for possession of five grams of crack (about 10 to 50 doses). The same five-year penalty is triggered for the sale of powder cocaine only when an offense involves 500 grams (2,500-5,000 doses) -- 100 times the minimum quantity for crack.
The ramifications of the law are obvious. For the past two decades jails and prisons across the country have been filled to capacity with low-level dealers and users, while kingpins continue to escape justice. According to data from The Sentencing Project, a Washington-based advocacy group, a sampling of those incarcerated under the guidelines in 2000 showed roughly 66 percent were low-level street dealers, while only half-of-one percent qualified as “high-level” suppliers.
As a result, an entire generation of young, poor, mostly black men is spending large chunks of time behind bars, some for no more than holding a few rocks.
In three previous reports to Congress, the U.S. Sentencing Commission has called for less severe penalties for crack cocaine defendants. As far back as 1995, the Commission wrote in its report to Congress:
Such a vast difference in the quantity of drug necessary to trigger the same sentence would be acceptable if the threat of increased dangers and harms created by crack versus powder cocaine appeared commensurate. Yet, even though crack is arguably more addictive than powder, when the latter is only snorted, the Commission cannot say that the increased likelihood of dependency or binge use posed by crack is commensurate with a ratio differential as great as 100-to-1.
Proponents of reform include the American Bar Association, advocacy groups, academics and lawmakers. The Sentencing Project issued this briefing sheet on the issue.

