Joe Biden: Senator Biden Introduces Legislation to Eliminate Unjust Crack/Powder Cocaine Sentencing Disparity

June 27, 2007 -- Sen. Biden: “The current sentencing structure for crack and powder cocaine is based on bogus notions and old logic. It’s time to fix this unjustified disparity.”

Washington, DC — U.S. Senator Joseph R. Biden, Jr. (D-DE), Chairman of the Senate Judiciary Subcommittee on Crime and Drugs and the Senate Caucus on International Narcotics Control, introduced today the Drug Sentencing Reform & Cocaine Kingpin Trafficking Act of 2007, legislation to eliminate the current sentencing disparity between the crack and powder forms of cocaine.

“Over twenty years ago, Congress enacted a sentencing scheme that punishes crack cocaine offenses far more severely than powder cocaine offenses," said Sen. Biden. "But as the Sentencing Commission said last month – this is a terrible flaw in the criminal justice system, based on the bogus notions that the crack form of cocaine is inherently more addictive than the powder form and crack users are more violent than powder users. That logic just hasn't played out.”

Currently, it takes 100 times more powder cocaine than crack to trigger the five- and ten-year mandatory minimum sentences under federal law. In other words, powder cocaine offenders who traffic 500 grams of powder (2,500-5,000 doses) receive the same five-year mandatory minimum sentence as crack cocaine offenders who possess just 5 grams of crack (10-50 doses). This disparity doesn't just apply to the mandatory minimum quantities, but it permeates the Sentencing Guidelines for cocaine trafficking offenses in amounts above and below the mandatory minimum thresholds.

“This 100:1 disparity is unjust, unfair, and the time has long past for it to be undone,” added Sen. Biden.

Last month, the U.S. Sentencing Commission issued a report that "unanimously and strongly urge[d]" Congress to: (1) act swiftly to increase the threshold quantities of crack necessary to trigger the five- and ten-year mandatory minimum sentences, so that federal resources are focused on major drug traffickers as intended in the original 1986 legislation; and (2) repeal the mandatory minimum penalty sentence for simple possession of crack, the only controlled substance for which there is a mandatory minimum for a first time offense of simple possession. The Sentencing Commission also unanimously rejected any effort to increase the penalties for powder since there is no evidence to justify any such upward adjustment.

Sen. Biden’s legislation, the Drug Sentencing Reform & Cocaine Kingpin Trafficking Act of 2007, will:

* Implement the Commission’s recommendations and eliminate the 100:1 disparity between the two forms of the drug;
* Authorize funds for prison- and jail-based drug treatment programs;
* Increase fines for major drug traffickers;
* Provide additional resources for the Departments of Justice, Treasury, and Homeland Security for the investigation and prosecution of drug offenses; and
* Refocus Federal drug laws on the major cocaine kingpins, not the street corner dealers, leaving States with primary responsibility for low level users and traffickers.

"It’s time for Congress to act on this issue – in real way. We need to eliminate the disparity entirely and refocus our sentencing laws and resources on the major drug kingpins – as was the intent of the original 1986 law. I look forward to working with my colleagues – Republicans and Democrats – and urge them to support righting this wrong."

Source: Senator Joe Biden