A brief history of crack cocaine sentencing laws famm. The antidrug abuse act of 1986 enacted a fiveyear minimum sentence for a first offense of possession of. When cocaine is snorted, it takes longer to feel its effects but the resulting high lasts longer. The nations coke problem is much larger than its crack problem, with 12 percent of u. For more information on possession of illegal drugs, including statespecific articles, begin with drug laws and drug charges. In fiscal year 2010, before the passage of the fair sentencing act, almost 4,000 defendants, mainly black, received. Dec 03, 2019 maryland distinguished between offenses involving powder cocaine and crack cocaine using a 9to1 ratio, according to a 2002 report to congress. Although health care providers can use it for valid medical purposes, such as local anesthesia for some surgeries, recreational cocaine use is illegal.
Congresss passage of the antidrug abuse act of 1986 created a fiveyear mandatory minimum sentence for possession of five grams or just a few rocks of crack. This difference in street price has lead to demographic differences between people smoking crack cocaine and those injecting or snorting powdered cocaine. Cocaine anonymous and other 12step programs along with sober residences provide aftercare support to people in recovery from cocaine addiction. How quickly the effects are felt differs based on how it is taken, as do the ways. However, it seems unreasonable to think adding baking soda makes the drug 100x more illegal.
Cocaine was the driving force behind the majority of drug. Sentencing commission, a federal agency, found that crack cocaine is not appreciably different from powder cocaine, either in its chemical composition or the physical reactions of its users. Cocaine is a central nervous system stimulant drug processed from plants that are indigenous to south america. The sentencing disparities between crack and cocaine attn. As noted above, the penalties for crack cocaine possession may be greater than for powder cocaine. This is the united states sentencing commissions first report to congress on the subject of federal cocaine sentencing policy. Two decades ago, us president ronald regan signed the antidrug abuse act of 1986, making penalties for possession of crack cocaine offenses 100 times harsher than those for powder cocaine. Crack cocaine and powder cocaine are sometimes referred to in research and other outlets simply as cocaine, but there is a big difference between the two. Differences between crack and cocaine american addiction centers. Crack cocaine often nicknamed crack after the sound made during its manufacture is a lowerpurity form of freebase cocaine and contains sodium bicarbonate as impurity. Crack cocaine, race, and the war on drugs legal definition. Before this law was passed, the united states had a 100to1 crack topowder cocaine sentencing disparity.
The result of these laws is that crack users and dealers receive much harsher penalties than users and dealers of powder cocaine. Crack cocaine affects the mind faster, giving users a less likely chance to escape the drug and the harsh penalties that follow it. Congress directed the united states sentencing commission to study federal sentencing policy as it relates to possession and distribution of all forms of cocaine. An analysis of crack and powder penalties, march 17, 2002.
Data show racial disparity in crack sentencing us news. Mitchells sb 1010 r ecognizes drug abuse as a health issue and promotes racial equality. By equalizing treatment and punishment for crack and powder cocaine, sen. Fifty grams of powder cocaine, on the other hand, didnt trigger any mandatory minimum sentence at all. Crack is freebase cocaine that can be smoked, and therefore has different effects. If you or someone you love is addicted to cocaine or crack, cocaine hotlines can provide more information about various treatment options. Cocaine is a hydrochloride salt in its powdered form, while crack cocaine is derived from powdered cocaine by combining it with water and another substance, usually baking soda sodium bicarbonate. The difference between powder cocaine and crack cocaine. Cocaine and crack abuse facts powder cocaine, also called coke, nose candy, snow, blow, or toot, is a drug that comes from the coca plant. Cocaine is generally used on a recreational basis, as those who use it experience.
Powder cocaine is snorted, injected or swallowed, while crack cocaine is smoked. Congresss passage of the antidrug abuse act of 1986 created a fiveyear mandatory minimum sentence for possession of five grams or just a few rocks of crack cocaine. May 09, 2020 sentencing disparities between crack cocaine vs. As a result of the antidrug abuse act of 1986, congress set forth different mandatory penalties for cocaine and crack cocaine, with significantly higher punishments for crack cocaine offenses. Generally, when cocaine is injected or smoked, the drug takes effect more quickly, resulting in a more intense but shorter high. In the 20 years following passage of the antidrug abuse act of 2006, many of the myths surrounding crack cocaine were dispelled, making it clear that there was no scientific or penological justification for the 100. Its chemical name benzoylmethylecgonine, cocaine has a welldeserved reputation as a serious drug of abuse. Fair sentencing act american civil liberties union.
In the war on drugs in the united states, race is a critical issue. Fifteen states singled out crack offenders for more severe punishment, with quantity disparities between powder cocaine and crack ranging from 2to1 in california to 100to1 in iowa and north. Some experts believe crack is more likely to be abused because of its brief high and low. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a. The manual of adolescent substance abuse treatment calls it the most addictive effective form of cocaine. Society is not better off with more people in prison, especially if some groups are given preferential treatment simply for having committed a more acceptable form of the same crime. Henderson notes that minimal violence is involved with crack cocaine cases far less than half of the crack cocaine cases involved a weapon, while most actual violence is associated with the drug trade and not the drug itself. It works by boosting the dopamine neurotransmitters in the brain. The root of the problem started in 1986 with the antidrug abuse act, signed by president ronald reagan. Cocaine possession may also be punished by the states. As a result of the antidrug abuse act of 1986, congress set forth different mandatory penalties for cocaine and crack cocaine, with significantly.
The same sentence existed for possession of at least 500 grams of cocaine. The intensity and duration of the high largely relate to how the drug is taken, per the national institute on drug abuse. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a minimum 5year federal prisonsentence, while distribution of 500 grams of powder cocaine carries the same 5year mandatory minimum sentence. Aug 03, 2010 the enhanced penalties for crack cocaine, he says, have proven useful, and a better course of action would have been to instead raise the penalties for powder cocaine crimes. The dsmiv provides criteria for diagnosing cocaine abuse and cocaine dependence as distinct disorders the latter characterized by additional symptoms related to loss of control over drug use. The issues raised in the appeal will be discussed in future blogs as will the united states supreme courts recent decision. May 18, 20 more than 80% of federal prisoners serving crack cocaine sentences are black. Crack is significantly more addictive than blow blow is quite addictive as well, and hits harder and cleaner. Crack cocaine is not 100x more addictive than powder cocaine, nor does it get you that much higher. Twenty years of the unjust federal crack cocaine law2006. Nov 15, 2011 theres a fascinating post on the atlantic cities blog today, which argues that the spectacular drop in crime the us enjoyed during the 1990s was down to a fall in the price of cocaine and, therefore, the highlyaddictive crack cocaine.
Why, then, is the punishment for crack cocaine so much harsher than the. Federal crack cocaine sentencing the sentencing project. Crack vs cocaine the differences between the punishments with crack and cocaine has been an issue with the war on drugs not many politicians, or americans, are willing to face. Crack cocaine, also known simply as crack or rock, is a free base form of cocaine that can be smoked. Cocaine is a powerfully addictive stimulant drug made from the leaves of the coca plant native to south america. Seeking rehab for cocaine or crack addiction is an important step toward achieving sobriety. In response, the antidrug abuse act of 1986 included a provision that created the disparity between federal penalties for crack cocaine and powder cocaine offenses, imposing the same penalties for the possession of an amount of crack cocaine as for 100 times the same amount of powder cocaine. Crack vs cocaine usage is influenced strongly by cost. Crack cocaine legalities articles on crack cocaine. The manual of adolescent substance abuse treatment calls it the most addictive form of cocaine. Crack was created as a cheaper alternative to cocaine.
Over time, numerous studies have shown that the physiological and psychotropic effects of crack and powder are the same, and they are now widely acknowledged as pharmacologically identical. Cocaine is a powerful stimulant, derived from the leaves of a native south american plant, coca. Jan 01, 2010 cocaine has high abuse liability but only a subset of individuals who experiment with it develop dependence. Since the law went into effect, the ratio dropped to 18to1. After cocaine and baking soda are combined, the mixture is boiled, and a solid forms. In 1986, with the passage of the antidrug abuse act, possession of 5 grams of crack cocaine given a fiveyear mandatory, minimum sentence, even for a first offense. What is crack cocaine differences between crack and cocaine. While they are both different chemical forms of cocaine, they differ in how they are made, how they are abused, their cost, dangers, effects, and more. Crack cocaine and powder cocaine are the same drug, simply sold in different forms. Crack trafficking involved more guns and violence than powder cocaine trafficking.
Crack cocaine is commonly used as a recreational drug. The 1986 antidrug abuse act mandated a minimum sentence of five years without parole for possession of 5 grams of crack cocaine while it mandated the same penalty for possession of 500 grams of. Crack first saw widespread use as a recreational drug in primarily impoverished neighborhoods in new. Cocaine abuse and addiction is scarily prevalent in our society. Oct 20, 2016 punishments for rock or crack cocaine are generally more harsh than those for ecstasy or prescription opiate abuse, for example. Falsely treating crack cocaine as 50 times more addictive than powder cocaine, as congress did more than in creating the 100toone quantity ratio, has implications beyond that of mere unfair sentencing. An assessment of the cocaine sentencing debate that explores the.
This punitive response to crack stemmed from the higher levels of crime commonly associated with its users, a conclusion that was only reiterated in the. Although statistics indicate that african americans account for only 12 percent of all illegal drug use, they make up 44 percent of all drug arrests. This racial disparity has drawn the attention of policy makers, politicians, and the courts. A person convicted of a first offense of possessing five grams of crack had to be sentenced to. Cocaine is typically snorted, and crack is typically smoked. Crack cocaine, or socalled rock or rock cocaine, is cocaine in solid form.