In the 20 years following passage of the antidrug abuse act of 2006, many of the myths surrounding crack cocaine were dispelled, making it clear that there was no scientific or penological justification for the 100. Commonwealth of kentucky commonwealth of kentucky receive free daily summaries of new opinions from the kentucky supreme court. This included mandatory sentencing laws based on the premise that crack cocaine was 50 times more addictive than powder cocaine. We wrote this paper to inform the public and congress about the disparities in the sentencing laws between crack and powder cocaine, which. Recently cocaine has been replaced with synthetic anaesthetics e. Despite similarities in the drugs, crack cocaine is far worse to be charged with than cocaine. In fact, in 20, the son of charlestons mayor danny jones was arrested on cocaine charges. However, for crack cocaine, simply possessing of 5 grams or more without any intention to sell it carried the same sentence. What options are available to treat cocaine addiction. Here is a brief summary of cocaine laws in the state. With a set of mandatory minimum sentencing laws passed in 1986, congress for the first time distinguished between crack and powder cocaine. The fair sentencing act amends existing laws by increasing the amounts. Crack cocaine is one of the forms of cocaine base, which is produced from powder cocaine and is smoked.
Crack cocaine laws in canada crack and cocaine are considered as schedule i substances in canada. Crack cocaine sentencing policy prison policy initiative. Crack cocaine first hit the national radar in 1986 but, contrary to media reports, it was not a new drug. Its chemical name benzoylmethylecgonine, cocaine has a welldeserved reputation as a serious drug of abuse. The difference between powder cocaine and crack cocaine. Crack cocaine and powder cocaine differ in cost, how they are abused, and how quickly they affect the body. According to the us department of justice, crack cocaine is more psychologically addicting than powder cocaine, and is thus more likely to result in chronic and heavy use. Crack cocaine takes less time to reach the brain about 20 seconds than cocaine that is snorted up to 20 minutes. Possession of cocaine for personal use in the uk will result in a prison term of at least 7 years with a fine. Cocaine is a highly addictive stimulant that can be snorted, injected into the bloodstream, or it can be freebased. The 1986 law created a 100 to 1 disparity between the sentencing guidelines for crack and powder cocaine. Possession of powder cocaine has a very different sentencing outcome in a court of law, than possession of crack cocaine. Congress is considering a bill to change drug laws that punish crack cocaine violations more severely than those for powder cocaine. The chemical, cocaine chloride comes directly from the cocabush, but when drug dealers get their hands on it they can cut or lace with other nonpsychoactive.
Since the law went into effect, the ratio dropped to 18to1. In higher doses, it is also more addictive than regular cocaine that is snorted. Cocaine cocaine is an illicit stimulant that can be mixed with ammonia or baking soda to create crack. The use of crack cocaine increased rapidly in the 1980s, accompanied by an increase in violence in urban areas.
Mandatory minimum sentencing policies and cocaine use in the u. Cocaine changes brain chemistry so that people feel a sense of pleasure euphoria. The federal government sought to crack down on the problem by implementing severe prison sentences for those people caught dealing crack cocaine. A person smoking crack cocaine as compared to snorting or injecting. Despite the fact that the chemical structure of powder cocaine and crack cocaine is nearly identical, the punishment for crack possession or sales is far greater than that of cocaine.
The current law punishes crack users 100 times more heavily than powder cocaine users. The state of michigans drug laws do not have mandatory minimums or differentiate between powder and crack cocaine like federal law does. That year, national news outlets began reporting inflammatory anecdotes supposedly revealing a crack. After cocaine and baking soda are combined, the mixture is boiled, and a solid forms. More than 80% of federal prisoners serving crack cocaine sentences are black. Before 1986, federal sentencing laws treated possession of crack and powder cocaine the same. It recommends that congress alter the 100to1 crack topowder ratio, but, in the meantime, proposes a reduction in the sentencing guideline range for cocaine offenses. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a minimum 5year federal prisonsentence, while distribution of 500 grams of powder cocaine carries the same 5year mandatory minimum sentence. New drug law narrows crack, powder cocaine sentencing gap. For example, a person convicted of possessing five grams of crack cocaine got the same mandatory sentence as one convicted of possessing 500 grams of powder cocaine. Crack and cocaine may be nearly identical on a molecular level, but people who are charged with possession of just 1 gram of crack are given the same sentence as those found in possession of 18. But in reality, according toexperts, crack cocaine and powder cocaine are essentially identical. Appearance and characteristics of crack vs cocaine cocaine in its purest form is a white, pearly product.
In a pure form, a crack rock will appear as an offwhite nugget with jagged edges and in possession of a density similar to candle wax. Cocaine is usually a fine white substance and generally comes in powder form. Crack, the most powerful type of cocaine, differs from powder cocaine in a number of ways. That year, national news outlets began reporting inflammatory anecdotes supposedly revealing a crack epidemic.
Until 2010, this sentencing disparity was 100 to 1, which means that while just 5 grams of crack would carry a 5year mandatory minimum, it would take 500 grams. Fair sentencing act american civil liberties union. The measure alters a 1986 law, enacted at a time when crack cocaine use was rampant and considered a particularly violent drug, under which a person convicted of crack cocaine. One would think, based on the sentencing laws, that crack cocaine is a very different drug than powder cocaineand much worse. Socioeconomically disadvantaged adults are more likely to use crack over powder cocaine, and are thus more likely to be subject to arrest. Cocaine appearing in powder form is a salt, typically cocaine hydrochloride cas 53214. A comprehensive examination of the 100to1 crack versus powder cocaine. While the law was changed in 2010, there continues to be a disparity of 18 to 1. In 2010, after several studies indicating the large disparate impact crack cocaine laws had on disenfranchised minorities, the fair sentencing act was passed. What happens if you mix cocaine with alcohol or other drugs. Crack cocaine and powder cocaine were not created equal.
Of course, it would be disingenuous not to acknowledge that the prevailing view in 1986, when this law was enacted, was that, because it was so cheap, the use of crack cocaine was. Purer forms of crack rocks will resemble a hard brittle plastic in a crystal formthe crack. Data show racial disparity in crack sentencing us news. Primarily due to the increased violence surrounding cocaine distribution and use, maryland authorities crack down heavily on both sale and possession of cocaine. Although both drugs try to achieve a similar high, the drugs are seen as completely different drugs in. Why are crack cocaine sentences longer than those for. Crack, as oppose to the powderized form of cocaine, can be smoked. As it stood under the new law, 500 grams of powder cocaine, but only five grams of crack cocaine, triggered a fiveyear mandatory minimum. Historically, under federal law, trafficking of 500 grams or more of powdered cocaine carried a mandatory minimum sentence of 5 years in prison. What is crack cocaine differences between crack and cocaine. Cocaine possession, sale, and trafficking are felonies in nearly every state. Criticism of crack cocaine sentences is not what it is cracked up to be.
October 08, 20 criminal law and criminology 4 comments 3 min read. Although common consensus is that crack and cocaine punishments should be harsh, there is a point where harsh and fair do not coincide. The punishment difference between crack cocaine and powder cocaine exposes an unjust feature in the american justice system, a system that was built to be the epitome of justice. The enhanced penalties for crack cocaine, he says, have proven useful, and a better course of action would have been to instead raise the penalties for powder cocaine crimes. In fiscal year 2010, before the passage of the fair sentencing act, almost 4,000 defendants, mainly black, received. Before this law was passed, the united states had a 100to1 crack topowder cocaine sentencing disparity. The stark difference in federal sentencing laws for possession of the two forms of the. State law makes a distinction in penalty with offenses involving under 50 grams of cocaine, between 50 and 450 grams penalty starting at 12 months jail, between 450 and grams starting at 36 months. President obama signed a new law tuesday that closes a decadesold gap in federal sentencing that led to much stiffer penalties for crack cocaine cases than ones involving powder cocaine. Critics say the sentencing disparity has had a huge impact on people of color, partly because crack cocaine.
Twenty years of the unjust federal crack cocaine law 2006. Former vice president joe biden may face questions in this weeks presidential debate about his role in passing a 1986 federal law that treated crack cocaine as. Sentencing commissions latest report to congress on cocaine sentencing can be found at the commissions website, under report to congress federal cocaine sentencing policy. Politicians war on drugs played in lead role in casting the drug in the light we see it today. Key provisions of the act changed the previous sentencing laws for trafficking crack cocaine to the following. For a great example of this, check out the presidential address george h. Crack cocaine sentences have long been much more harsh than those for powder cocaine. The commission establishes sentencing policies and practices for the federal courts.
Justia us law case law kentucky case law kentucky court of appeals decisions 2020 dixon william quejohn vs. Before this law was passed, the united states had a 100to1 cracktopowder cocaine sentencing disparity. But in reality, according to experts, crack cocaine and powder cocaine are essentially identical. This is why lawmakers are constantly revising the penalties, criminal charges, strengths, and weaknesses of these laws. Seeking rehab for cocaine or crack addiction is an important step toward achieving sobriety. Sales or transportation of cocaine crack result in a life sentence in prison. A brief history of crack cocaine sentencing laws famm. C, coke, flake, nose candy, snow, dust, white, white lady, toot, crack, rock, freebase. Cocaine was used as a local anaesthetic for eye, ear and throat surgery. The disparity started in the 1980s, when crack cocaine started to ravish urban black communities in america. In addition, the drug is more commonly associated with systemic violence than its counterpart.
The enhanced penalties for crack cocaine, he says, have proven useful. For good measure, congress doubled that number and came up with a sentencing policy based on the weight of the drug an individual was convicted of selling. In the mid 80s, congress passed the antidrug abuse act of 1986. To make crack, the cocaine powder is melted and compressed into rocks, which can then be smoked. This law decreased mandatory minimum sentences associated with cocaine base. While illegal, the use and sale of coke and crack is still common around the country, including in west virginia. In response, the antidrug abuse act of 1986 included a provision that created the disparity between federal penalties for crack cocaine and powder cocaine offenses, imposing the same penalties for the possession of an amount of crack cocaine as for 100 times the same amount of powder cocaine. The sentencing disparities between crack and cocaine attn. Cocaine is a hydrochloride salt in its powdered form, while crack cocaine is derived from powdered cocaine by combining it with water and another substance, usually baking soda sodium bicarbonate. Penalties for violation of drug laws in uk can be severe.
Criticism of crack cocaine sentences is not what it is. Powder cocaine is snorted, injected or swallowed, while crack cocaine is smoked. What is the difference between crack and powder cocaine in. Cocaine is a central nervous system stimulant drug processed from plants that are indigenous to south america. Similarly, five kilograms of powder cocaine, but only 50 grams of crack cocaine, triggered a tenyear mandatory minimum. Despite harsher penalties for crack versus powder cocaine, crack use.