In 2006, we “celebrated” the 20th anniversary of one of the most racially biased laws ever enacted by the U.S. Congress – the Anti-Drug Abuse Act of 1986, which established the federal 100-to-1 sentencing disparity between crack and powder cocaine.
Congress passed the Anti-Drug Abuse Act of 1986 in response to the death of Len Bias, an African American college basketball star who died of a drug overdose three days after being drafted to the Boston Celtics. At the time, Congress believed he died from a crack overdose, when it turned out that his death was caused by a combination of alcohol and powder cocaine. By the time this was discovered, the law was already passed.
Since the law’s passage in 1986, authorities have unfairly punished crack cocaine users more harshly than those who sell powder cocaine. Currently, if a person gets caught distributing 5 grams of crack cocaine, he or she is automatically subject to a 5-year mandatory minimum prison sentence; conversely, that same person can get a 5-year sentence by distributing 500 grams of powder cocaine. This law is unfair and must be changed.
The 100:1 disparity is wrongly based on enduring myths surrounding crack cocaine use – that it’s instantly addictive and makes people more violent than powder cocaine users. A 1996 study by the American Medical Association found that the physiological and psychoactive effects of cocaine are similar regardless of whether it is in the form of powder or crack.
The federal crack cocaine sentencing policy has devastated many African American families and communities, sending mothers and fathers away to prison to serve long sentences for minor drug crimes. This federal law breaks families apart and disfranchises those with felony convictions, prohibiting them from receiving welfare, food stamps, and public housing.
Although whites and Hispanics form the majority of crack users, over 80% of those convicted of federal crack offenses are black. This becomes even more offensive as blacks comprise only 15% of the country’s drug users, but make up 37% of those arrested for drug violations, 59% of those convicted, and 74% of those sentenced to prison for a drug offense.
Federal authorities have focused their law enforcement efforts on low-level users rather than high-level traffickers. A 2002 U.S. Sentencing Commission report showed that only 15% of cocaine traffickers are classified as high-level, while over 70% of crack defendants such as street dealers or lookouts have merely low-level involvement with drugs. These participants can get the same or harsher sentences as the major dealers of a drug organization.
This has led to some disturbing results:
• African Americans serve almost as much time in prison for a non-violent drug offense
at 58.7 months, as whites do for a violent offense at 61.7 months.
• Blacks serve substantially more time in prison for drug offenses than whites. In 2003, the
average sentence for a crack offense is 123 months, 3.5 years longer than the average
sentence of 81 months for a powder offense.
• In 2000, approximately 791,600 African American men were in prisons and jails, versus
603,032 African American men enrolled in higher education.
• Black defendants more often receive mandatory sentences than white defendants.
• One of every 14 African American children has an incarcerated parent, and they are 9
times more likely to have an incarcerated parent than white children.
The law goes against Congress’ intent to punish “serious” or “major” drug traffickers. Congress needs to pass a new law that treats crack and powder cocaine equally under the law. Police and prosecutors must re-focus their attention on prosecuting high-level traffickers. The Sentencing Commission itself acknowledged that it needs change in their recent 2007 Report to Congress on Cocaine and Federal Sentencing Policy.
It is time to demand that Congress address this 20-year-old unjust law. If the tables were turn and whites were being treated unfairly under the law… I can’t help but think something would have been done about this a long time ago. Now it is time for the African American community to stand up and demand justice.
Jesselyn McCurdy is the legislative counsel for the ACLU Washington legislative office.