- Click here to urge your Congressperson to support H.R. 6548, the Fair Sentencing Clarification Act.
Resources
Press releases from Congress
Background on S. 1789
S. 1789, the Fair Sentencing Act of 2010, introduced by Senator Richard Durbin (D-Ill.), passed the Senate on March 17. The bill passed the House on July 27. The bill will now go to the President’s desk for his signature.
To learn more about this crack cocaine sentencing legislation, see FAMM’s frequently asked questions about crack cocaine legislation, click here.
Under old law, five grams of crack cocaine and 500 grams of powder cocaine trigger the same five-year sentence. Fifty grams of crack cocaine and five kilograms of powder cocaine trigger the same 10-year sentence. This created what is commonly referred to as the 100-to-one ratio between crack and powder cocaine.
The Fair Sentencing Act will:
- Replace the 100-to-1 sentencing ratio with an 18-to-1 ratio (28 grams will trigger a 5-year mandatory minimum and 280 grams will trigger a ten-year mandatory minimum)
- Eliminate the five-year mandatory minimum for simple possession of crack cocaine;
- Call for increased penalties for drug offenses involving vulnerable victims, violence and other aggravating factors; and
- Require a report on the effectiveness of federally funded drug courts.
The law is not retroactive, meaning that it will not apply to anyone who committed their crack offense before the law was signed. FAMM will continue to fight to make the bill retroactive. Click here to read FAMM's FAQ on Making Crack Reforms Retroactive.
Senator Durbin (D-Ill.), the primary sponsor of the bill to equalize powder and crack cocaine sentences, offered this statement:
“Drug use is a serious problem in America and we need tough legislation to combat it. But in addition to being tough, our drug laws must be smart and fair. Our current cocaine laws are not. The sentencing disparity between crack and powder cocaine has contributed to the imprisonment of African Americans at six times the rate of whites and to the United States’ position as the world’s leader in incarcerations. Congress has talked about addressing this injustice for long enough; it’s time for us to act.”
- To read the bill, click here.
- To read FAMM’s press release, click here.
- To read the one page summary of the bill distributed by Senator Durbin’s office, click here.
- To read a fact sheet on the bill from the Crack the Disparity Coalition, click here.
- To read floor statements by Senators Durbin, Sessions, Leahy and Specter about S. 1789, click here.
- To read more about similar legislation introduced in the House, click here.
- Click here to read the bill summary, see cosponsors and get other information on this bill.
- Click each of the links to download letters of support from conservative leaders; Prison Fellowship; National District Attorneys Association; Federal Law Enforcement Officers Association, the National Association of Police Organizations and the Crack the Disparity Coalition.
- Click here to read a letter from Senate leaders who support crack sentencing reform to their colleagues in the House.
Legislative news
President Obama signed S. 1789 into law on Aug. 3, 2010.
Senate Passes Crack Cocaine Sentencing Reform Bill!
On March 17, 2010, the United States Senate approved by unanimous consent a bill that would reduce the sentencing disparity between federal crack and powder cocaine offenses. The bill, S. 1789, was sponsored by Senator Richard Durbin (D-Ill.). Read our press release and a special message from FAMM President Julie Stewart about what this bill means.
Senate Judiciary Passes Crack Reform
On March 11, 2010, the U.S. Senate Judiciary Committee unanimously passed a bill that would reduce the sentencing disparity between federal crack and powder cocaine offenses. The bipartisan vote to approve an amended version of Senator Richard Durbin’s (D-Ill.) bill, S. 1789, would reduce the ratio between crack and powder cocaine from 100:1 to 18:1 and direct the U.S. Sentencing Commission to enhance penalties for aggravating factors like violence or bribery of a law enforcement officer. Significantly, the bill also would eliminate the mandatory minimum sentence for simple possession of crack.
Click here to read FAMM's press release on Judiciary Committee vote
Click here to read Sen. Durbin's press release
Click here to read Sen. Leahy's press release
Click here to read Sen. Session's press release
Click here to read Sen. Feingold's press statement
Click here to read U.S. Attorney General Eric Holder's statement
Click here to download White House press secretary Robert Gibb's statement
Click here to read the final text of the bill
Click here to download the cost savings estimate for S. 1789