Hatch, Sessions Commend Bipartisan Compromise On Drug Sentencing

Press Release

U.S. Senator Orrin Hatch (R-UT), a former Chairman and current member of the Senate Judiciary Committee, and Senator Jeff Sessions (R-AL), Ranking Member of the Committee, today commended unanimous committee approval of a bipartisan compromise bill to address the disparity in the sentencing penalties between crack and powder cocaine.

In 1986, Congress enacted tough federal penalties on the distribution of crack in an effort to confront the violence and gang activity associated with crack dealing. But in the years that followed, a consensus emerged that the amount of crack needed to trigger a 5-year mandatory sentence for possession with intent to distribute--5 grams--was too low, especially in comparison to sentencing for powder cocaine.

"I'm proud to have been a part of a bipartisan effort to end the federal sentencing disparity for crack cocaine. The 20-to-1 ratio that was agreed to today is a fair and balanced way of tackling this dangerous drug without sacrificing law enforcement's efforts," Hatch said. "This approach was put forward by President Reagan in 1986 when crack decimated communities across the country. I'm pleased the Judiciary Committee has taken action today."

"This is an important bipartisan compromise and I especially want to thank Chairman Leahy, Senator Hatch, and Senator Durbin for their efforts. I have long believed that we need to bring greater balance and fairness to our drug sentencing laws. But I have also maintained that a guiding principle of that effort must be that we not place any obstacles in front of the police officers and prosecutors fighting every day to keep our communities and their residents safe," Sessions said. "Through this change in the thresholds for mandatory minimum sentences, we will be able to achieve needed fairness without impeding our ability to combat drug violence and protect victims. These reforms strengthen our justice system and I hope the full Senate will consider and act on this proposal."

The bipartisan compromise approved by the Judiciary Committee today would increase the quantity thresholds for mandatory minimum sentences for possession of crack cocaine by 560%: from 5 grams to 28 grams (approximately one ounce, a common quantity in distribution cases) for cases subject to a 5-year mandatory sentence, and from 50 grams to 280 grams for cases subject to a 10-year mandatory sentence. Simple possession of crack would no longer be subject to a mandatory prison term, bringing the treatment of crack in line with that of other narcotics.

The compromise legislation also includes a series of enhancements to the Sentencing Guidelines designed to better target drug traffickers who commit acts of violence, lead drug trafficking activity, or try to bribe law enforcement officials. Finally, the legislation calls upon the Sentencing Commission to study the operational impact of these changes on law enforcement and the criminal justice system.

Today's compromise follows an ongoing effort by Senators Sessions and Hatch, begun in 2001, to increase the amount of crack needed to trigger a 5-year mandatory sentence. While some senators had suggested raising the limit to even higher amounts, the one-ounce compromise will achieve greater parity in sentencing without diminishing law enforcement's ability to combat drug traffickers.

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