Crack Busters

A piece of the rock (by Couresy of Wikipedia)

Drug-law reform advocates with Families Against Mandatory Minimums say all the pieces are now in place to finally eradicate the notorious 100-to-one crack to powder cocaine federal sentencing guidelines.

On Oct. 15, Sen. Richard Durbin, D-Ill., filed that chamber's version of the "Fair Sentencing Act of 2009," which eliminates the dreaded disparity that allowed drug offenders popped with just five grams of crack to be sentenced to five years in prison; it would take possession of 500 grams of powder coke to net the same sentence. (Fifty grams of crack would trigger a 10-year sentence, while it would take possession of five kilos of powder to earn the same amount of time inside.) The bill also does away with the man-min sentence for mere possession of a gram of crack, the only drug for which that strict penalty existed. "Drug use is a serious problem in America and we need tough legislation to combat it," Durbin said in a statement. "But in addition to being tough, our drug laws must be smart and fair. Our current cocaine laws are not."

While Durbin's assertion that tough drugs laws are needed to deal with a public health issue is, at best, up for debate, the devastating effect of the crack-powder disparity, especially on African American families, is undeniable – the incarceration rate for blacks, which is six times higher than whites is in part a problem traced back to the draconian crack laws, which took effect in the mid-Eighties.

The House version of the bill (H.R. 3245) made it out of committee this summer and is awaiting consideration by the full body. That measure, which is slightly different than Durbin's version (meaning the details still need to be hammered out), is getting support from numerous groups outside the traditional drug-law reform community – including from the New York University School of Law, the American Federation of Government Employees, the National Black Police Association, and the United Methodist Church.