The Issue NAACP-supported legislation to end the 100:1 crack / powder cocaine sentencing disparity passed the House Judiciary Committee with a favorable recommendation and is on its way to consideration by the full House of Representatives. Specifically, H.R. 3245, the “Fairness in Cocaine Sentencing Act of 2009”, which was originally introduced with bi-partisan support by Congressman Robert “Bobby” Scott (VA) was agreed to on Wednesday, July 29 2009 by a vote of 16 yeas to 9 nays. In the Senate, S. 1789, the “Fair Sentencing Act of 2009” introduced by Senator Richard Durbin (IL) is scheduled to be considered by the Senate Judiciary Committee as early as Thursday, February 11, 2010. Currently, as a result of federal law passed in 1986, there is a huge (100 to 1) disparity between the penalty for possession of crack cocaine and powder cocaine. Specifically, a person must possess 500 grams of powder cocaine before they are subject to the same mandatory prison sentence (5 years) as an individual who is convicted of possessing just 5 grams of crack cocaine (despite the fact that pharmacologically, these two drugs are identical). One of the effects of this law is that small-scale crack cocaine users are punished much more severely than powder cocaine users and their suppliers. Opposition to the crack cocaine sentencing disparity and mandatory minimum sentences has been voiced by people as diverse as the U.S. Sentencing Commission, the National Association of Criminal Defense Lawyers, and a host of civil rights leaders. Furthermore, President Obama, Vice President Biden and Attorney General Holder have all expressed their strong support for eliminating this glaring, and racially dubious, injustice. THE NAAACP ENCOURAGES ALL SENATORS, ESPECIALLY THOSE ON THE SENATE JUDICIARY COMMITTEE, TO SUPPORT LEGISLATION TO ELIMINATE THE CRACK / POWDER COCAINE SENTENCING DISPARITY. <http://groups.yahoo.com/group/The_Zetaheaven_Group/message/5218>
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