Georgia Criminal Lawyer Blog

The House of Representatives approved a bill the Senate passed in March that changes a 1986 law under which federal crack cocaine sentences were disproportionately greater than for powder cocaine sentences.  80% of persons convicted of crack cocaine offenses are black.

Under current law, possession of 5 grams of crack triggers a mandatory minimum five-year prison sentence.  The same mandatory sentence applies to a person convicted of trafficking 500 grams of powder cocaine.  The compromise bill would reduce the ratio between crack and powder cocaine from 100:1 to 20:1 and directs the U.S. Sentencing Commission to enhance penalties for aggravating factors like violence or bribery of a law enforcement officer.

President Obama addressed the sentencing disparities between federal crack and powder cocaine offenses during his presidential campaign and is expected to sign the bill.