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Retroactive Sentencing for Crack Cocaine Offenses
For over 20 years, there has been a large disparity under federal law between the sentences imposed for possession of crack cocaine and the sentences imposed for possession of powdered cocaine.
Trafficking of 500 grams or more of powdered cocaine carries a mandatory minimum sentence of 5 years in prison. There is no mandatory minimum sentence for mere possession of powdered cocaine. However, with crack cocaine, mere possession of just 5 grams carries the same 5-year mandatory minimum sentence.
This disparity has been controversial, especially since crack cocaine is most prevalent in poor, urban, primarily African-American communities. The vast majority of convicted crack offenders are African-American. A far larger percentage of people convicted of using powdered cocaine are white.
In response to this disparity, and the accusations of unfairness that have come with it, the U.S. Sentencing Commission has recommended that the sentences for crack and powdered cocaine be brought closer together. This decision is meant to apply retroactively.
As a result, some people now in prison for crack cocaine are eligible for release. Of course, being eligible for release does not automatically entitle a prisoner to release. Before being released, an eligible prisoner will have to go before a judge, who will then determine if he or she is a danger to the community.
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