In 1986, the passage of the Anti-Drug Abuse Act in Congress established a 100:1 sentencing disparity for offenses related to crack cocaine versus powder cocaine. Under this statute, an individual charged with having 1 gram of crack cocaine would face the same penalties as  someone charged with having 100 grams of powder cocaine. In 2010, the Fair Sentencing Act cut that disparity to 18:1 by increasing the quantities of crack cocaine that triggered mandatory minimums in federal drug trafficking cases. The First Step Act, enacted in 2018, made the Fair Sentencing Act retroactive, applying the law to the remaining 3,000 people who were convicted of crack offenses before 2010. While this was a step in the right direction, it is not enough merely to reduce the disparity—it must be eliminated entirely.  

There is neither scientific nor public safety evidence to support disparate sentences for what are now recognized as chemically-identical forms of the same drug. The vast majority of states recognize this and have equalized crack and powder sentencing. Research on retroactive sentencing amendments has demonstrated that reducing sentences for crack cocaine offenses does not meaningfully impact recidivism rates. Continuing to impose long sentences for these offenses does not reduce crime—it only exacerbates the devastating consequences of incarceration on individuals, families, and communities.   

The crack-powder cocaine sentencing disparity has exacerbated the vast racial disparities in the criminal legal system, and continues to do so every day that it is in effect. Before the passage of the Anti-Drug Abuse Act, the average federal drug sentence for Black people was 11% longer than for white people. Four years later, that disparity had ballooned to 49%. Since the passage of the Fair Sentencing Act, over 90% of individuals who received sentence reductions for crack offenses under the law are Black. Over a decade later, crack cocaine drug enforcement continues to fall most heavily on Black communities. In 2019, 81% of individuals convicted of offenses related to crack cocaine were Black, even though white and Hispanic people have historically constituted over 66% of those who use crack cocaine.  

The path forward is clear: Congress must end the crack-powder cocaine sentencing disparity. HR 1062/S. 524, the Eliminating a Quantifiably Unjust Application of the Law (EQUAL) Act, would eliminate the crack-powder cocaine sentencing disparity and allow individuals convicted of or sentenced for a federal offense involving cocaine to be re-sentenced under the new law. Equal justice under the law is a constitutional and moral imperative— it is past time that Congress update sentencing laws toward that end.    

Please urge your elected officials to support HR 1062/S. 524.