What Is the Penalty for Possession of Crack Cocaine?

In the United States, possession of crack cocaine carries a much more severe penalty than possession of powdered cocaine.

During the 1980s, crack cocaine became prevalent in the United States, especially in poor neighborhoods because it has the same effects as powdered cocaine for a fraction of the cost. Journalists termed it a "crisis," and Congress passed legislation stiffening the penalties. Since then, some penalties have been softened.

History

In 1986, Congress imposed new penalties for possession of crack cocaine. Defendants found with 5 g of crack cocaine now receive a mandatory minimum of five years in prison. Defendants with 50 g are sentenced to a mandatory 10 years in prison. Crack cocaine is the only drug carrying a mandatory sentence for a first offense.

Disparity in Penalties

Some legal experts and journalists have noted the disparity between the penalties for possession of crack cocaine and possession of powdered cocaine. The average sentence for possession of less than 25 g of crack cocaine is 65 months, while the average sentence for the same amount of powdered cocaine is just 14 months.

Legislation

In 2010, Congress approved and President Obama signed legislation to help curb the disparities. The law imposes a five-year sentence for possession of 28 g, rather than for 5 g. It also eliminates the mandatory minimum five-year sentence for possession of crack cocaine.

References

• The Sentencing Project: Federal Crack Cocaine Sentencing
• Care2: Congress Tackles Crack Cocaine Penalty Inequity