Panel again urges revised cocaine sentencing

The U.S. Sentencing Commission cited a disparity in penalties for possession
of crack and powder cocaine.

By Robert L. Jackson
LOS ANGELES TIMES

WASHINGTON Endorsing a move long sought by black leaders, the U.S.
Sentencing Commission recommended yesterday that penalties for trafficking in
crack cocaine be brought more in line with those for powder cocaine.

Recognizing that crack cocaine is a more potent and dangerous form of the
drug, the commission did not suggest total parity in sentences. But it said a
major correction was needed in present laws, which punish possession of 5
grams of crack in the same manner as 500 grams of the drug in powder form.

President Clinton, who rejected a commission proposal two years ago to
equalize sentences for both types of cocaine, praised the latest
recommendation to reduce the disparity.

``My administration will give them very serious consideration,'' he said.
Approval by Congress, which overwhelmingly rejected equalizing the penalties
in 1995, was less certain.

The Congressional Black Caucus has repeatedly urged eliminating the
disparity, but two years ago many members of Congress voted against a change
for fear of being portrayed as soft on crime.

Black leaders said heavy penalties for tiny amounts of crack strike black
offenders unfairly, especially since powder cocaine is more common among
white users. Studies show that 96 percent of those prosecuted for crack were
black or Latino.

Since 1986, federal law has mandated a fiveyear minimum prison term for
anyone caught with 5 grams of crack and 10 years to life for those found with
more than 10 grams. But for powder cocaine, an offender must have at least
500 grams to get a fiveyear sentence.

The commission, which establishes sentencing guidelines and policy for
federal courts, unanimously agreed that the penalty differential should be
reduced by changing the quantity levels of the drug that trigger mandatory
minimum penalties.

``For powder cocaine, the current 500gram trigger for the fiveyear
mandatory minimum sentence should be reduced to a level between 125 and 375
grams, and for crack cocaine, the current fivegram trigger should be
increased to between 25 and 75 grams,'' it recommended, and said the
10year penalties should be revised accordingly.

The report recommended reducing the penalty for simple possession of crack to
the level now in effect for powder cocaine, generally no more than a year in
prison.

All forms of drugs ``cause great harm to individuals and to society at
large,'' the commission said, but it added that violent street crime and
addiction were more often associated with crack distribution.

Clinton said he would ask Attorney General Janet Reno and retired Army Gen.
Barry McCaffrey, his national drug policy coordinator, to study the
recommendations and report to him within 60 days.

In a joint statement, Reno and McCaffrey said the proposal ``moves us in the
right direction.'' They said current policy did not adequately target federal
prosecutions toward mid and highlevel cocaine sellers and ``appears to have
a disproportionate racial impact.''

The Supreme Court this month rejected a claim that stiff penalties for
dealing crack amounted to racial discrimination. It was the third time in
three years the justices turned away a bias challenge to crack laws.

The Philadelphia Inquirer, National Copyright Wednesday, April 30, 1997