For almost 20 years those who were found to be in possession of 5 grams of crack cocaine faced the same mandatory sentence of 5 years as those who had 500 grams of powder cocaine. The disparity in sentencing became a rallying cry for millions of Americans, particularly African-Americans, who were the demographic more likely to be convicted under the “crack cocaine law” and who were sentenced to harsher penalties for smaller amount of drugs. Congress has never before voted to repeal a mandatory minimum sentence since Nixon was president.
A bill to end the disparity in sentencing was approved by the Senate in March 2010, and on July 27, Congress followed the Senate’s lead by also passing the bill. The 100 - 1 ratio will be lowered to 18 -1, if President Obama signs the bill into law. At that time, 28 grams of crack cocaine would prompt a five year sentence, and 280 grams would mean a 10 year sentence. The new law would not ease the mandatory minimum for trafficking crack cocaine.
Besides correcting a major disparity in sentencing, the proposed law would save the U.S. approximately $42 billion during the next 5 years. Sentences would be reduced by over 24 - 27 months for approximately 3000 people yearly. Unfortunately, the law will not be retroactive, so those now being held in prison under the old law will not be released sooner.
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