Fixing Cocaine Sentencing Guidelines and Staying Tough on Crime

Press Release

House Majority Whip James E. Clyburn today released the following statement after the House passed S. 1789, Fair Sentencing Act of 2010. Under federal sentencing guidelines crack cocaine defendants are subject to the same sentences as those defendants trafficking 100 times more powder cocaine. This bipartisan legislation substantially reduces the statutory disparity in cocaine sentencing.

"In the mid-1980's crack cocaine gained a reputation as a violence-inducing drug plaguing our inner cities. Under this perception sentencing guidelines were established assigning 5 grams of crack cocaine the same 5-year minimum sentence as 500 grams of powder cocaine. However, over the past 20 years the justifications for the 100:1 sentencing disparity have disappeared.

"What remains are the unwarranted lengthy sentences for crack cocaine that are devastating to African American communities. Although the majority of crack offenders are white, eighty percent of convictions fall on the shoulders of African Americans. A law that reflects such a high degree of discriminatory application needs to be fixed.

"This is not to say the crack cocaine is not harmful and destructive in our neighborhoods and communities. It is, and S. 1789 includes increased criminal penalties for serious drug offenders. Furthermore, this legislation does not sacrifice our law enforcement capability; it simply recalibrates the exaggerated sentencing guideline to better reflect the relative harmfulness of crack and powder cocaine.

"I am pleased that both sides of the aisle were able to come together today and pass The Fair Sentencing Act. Not only does this legislation remedy the sentencing disparity without compromising our law enforcement tools, but it also reduces spending in the federal prison system by $42 million. That is something we can all agree on."

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