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U.S. DRUG POLICY
Rock vs. Powder: Now Equity in Cocaine Penalties
Garland takes right stand; Congress must make it retroactive
Attorney General Merrick took a big step toward ending a long-term injustice when he told U.S. attorneys on Dec. 16 to end sentencing differences between crack and powder cocaine offenders.
After decades of tougher penalties for crack, a cheaper rock form of the drug, Garland said that there is no scientific proof that it is more dangerous than powder. That assumption led to more low-income people and minorities in federal prisons under harsher sentences. Meanwhile, laws in 41 states changed to treat crack and powder the same.
Currently, an individual can be sentenced under federal law to at least five years behind bars for possession of 500 grams of powder cocaine. It only takes 28 grams of crack to qualify for a mandatory five-year sentence.
Now Congress must pass The EQUAL Act, which stands for Eliminating a Quantifiably Unjust Application of the Law. It would apply the new policy retroactively. An estimated 827 people would be able to leave prisons and 7,787 people would receive reduced sentences, according to the U.S. Sentencing Commission. Of those it would impact, 91 percent are Black.
