Panel advises parity in cocaine sentencing

The U.S. Sentencing Commission recommended Tuesday that Congress reduce the
wide disparity between federal prison sentences for trafficking in crack and
powder cocaine.

"Although research and public policy may support higher penalties for crack
than for powder cocaine, a 100to1 quantity ratio cannot be justified," the
commission said.

The advice addresses a racially charged issue: Crack cocaine, used mostly by
blacks, nets a far stiffer sentence than powder cocaine, used mostly by
whites and Hispanics.

Federal law requires a fiveyear minimum sentence for people caught selling
five or more grams of crack. However, someone convicted of trafficking powder
cocaine would have to sell 500 grams or more to get the same sentence.

Supporters of current sentencing guidelines argue that crack deserves stiffer
penalties because it is linked to more street violence.

A 1995 commission effort to have crack and powder cocaine offenders get equal
sentences was rejected by Congress and President Clinton.

Tuesday, the commission offered a range of sentencing options that would
reduce the disparity to as low as 1.6to1 but no higher than 15to1.

Clinton said Tuesday that he supported the commission's move. "The sentencing
laws must continue to reflect that crack cocaine is a more harmful form of
cocaine," he said.

But members of the Senate Judiciary Committee, which must approve
recommendations, appeared reluctant.

Sen. Spencer Abraham (RMich.) said that he was "very skeptical of the
approach."

But Julie Stewart of Families Against Mandatory Minimums said a study last
November in the Journal of the American Medical Association said there was no
difference between crack and powder.

"Though the argument is that there are greater harms associated with crack,
none of the arguments make sense."

By Gary Fields, USA TODAY