For over three decades, since the passage of the Anti-Drug Abuse Act of 1986, federal law has maintained a sentencing disparity between two forms of the same drug: powder cocaine and its derivative, “crack.” From the law’s enactment until 2010, a person possessing 5 grams of crack would serve the same 5-year minimum sentence as a person possessing 500 grams of powder cocaine, a 100:1 disparity. The tougher stance on crack was done out of the false belief that the drug was more dangerous to the health and safety of both users and the public; a misconception fueled by the prevalence of the drug in urban, Black communities. The U.S. Sentencing Commission reported in 2007 the policy had created a racial divide where over 80% of those serving tougher sentences for crack-related offenses were Black Americans. In response, Congress passed the Fair Sentencing Act of 2010 which reduced the disparity to 18:1 by raising the minimum amount of crack from 5 grams to 28 grams.
But a reduction is not enough. Research from as early as the 1990s has shown that there is no scientific basis for the unequal treatment of the two forms the drug as they have identical effects. Reducing the disparity did not lead to increases in crack use or recidivism. What remained constant is that overwhelming majority of those handed down stricter sentences for crack-possession are Black. To maintain this baseless disparity is to maintain a system of racial inequity that for far too long has broken and hindered Black communities.
The Senate can bring an end to this inequity by passing the EQUAL Act (H.R. 1693/ S. 79). This bipartisan bill would do away with the sentencing disparity by eliminating the lower quantity threshold for crack. The bill would also allow for retroactive application to reduce sentences issued before enactment of the law. The House version of the bill passed with overwhelming bipartisan support. The identical Senate version has the support of over 60 senators. All they need to do is bring the bill to the floor for a vote.
As people of faith called to bring good news to the prisoner, it is incumbent upon us to raise our voices to those in power and call on them to bring release to the captive. Act today and urge your Senators to move the EQUAL Act forward into law. 36 years of injustice is 36 too many.
End the Disparity in Cocaine Sentencing: Call on the Senate to Pass the EQUAL Act