War on drugs, the effort in the united states since the 1970s to combat illegal drug use by greatly increasing penalties, enforcement, and incarceration for drug offenders the war on drugs began in june 1971 when u. However, whereas powder cocaine dissolves in water, crack must be dissolved. Powder disparitythe data tell us that it is time to restore the balance i. Since 1993, all convicted offenders are required to serve 100 percent of the. In 1996, the supreme court upheld the constitutionality of the 100. This sentencing disparity was reduced from 100to1 to 18to1 by the fair. Established by the antidrug abuse acts of 1986 and 1988, the 100to1 ratio relates to the amount of crack versus powder cocaine necessary. Introduction no other feature of the federal sentencing guidelines has been viewed more critically than the 100.
Pending president obamas signature, the new law will reduce that disparity to 18to1. Join 100 to 1 ways in pursuit of justice and 381 supporters today. Crack cocaine, also known simply as crack or rock, is a free base form of cocaine that can be smoked. Established by the antidrug abuse acts of 1986 and 1988, the 100 to 1 ratio relates to the amount of crack versus powder cocaine necessary. Richard nixon declared drug abuse to be public enemy number one and increased federal funding for drugcontrol agencies and drugtreatment efforts. Powder disparitythe data tell us that it is time to restore the balance. Supreme court weighs 100to1 disparity in crackpowder. Not all illegal drugs are treated alike in federal sentencing. The manual of adolescent substance abuse treatment calls it the most addictive form of cocaine. Since january of 2008, this nationally recognized blog has been dedicated to following the very latest news regarding presidential pardons and the pardon power. Crack cocaine, also known simply as crack or rock, is a free base form of cocaine that can be. Drug quantity sentencing guidelines for crack cocaine mostly black offenders now use an 18. Aclu testimony to reform the 1001 crackpowder disparity. The commissions new study on cocaine sentencing was released april 29, 1997.
Powder disparity the data tell us that it is time to restore the balance i. Crack first saw widespread use as a recreational drug in primarily impoverished neighborhoods in new york city, philadelphia, baltimore, washington, d. The american civil liberties union aclu would like to thank the subcommittee on crime and drugs of the senate committee on the judiciary for the opportunity to submit testimony for this hearing on federal cocaine sentencing laws. The aclu is a nonpartisan organization with hundreds of thousands of activists and members and. The commission recently established new guidelines that would provide more lenient. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a minimum 5year federal prisonsentence, while distribution of 500 grams of powder cocaine carries the same 5year mandatory minimum sentence. This 100 to 1 disparity has frequently been cited by drug war opponents as exhibit a to buttress their claim that drug laws are racist.
Again, the commission recommended that congress reduce the 100. The 100 to 1 quantity ratio and disproportionate racial impact the federal criminal penalty structure for the possession and distribution of crack cocaine is one hundred times more severe than the penalty structure relating to powder cocaine. The threshold for crack cocaine in the new law will be 28 grams. But i think we are at a point now where this 100to1 disparity that does fall. In the supreme court of the united states yale law school.