Under current federal 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.
For a bill to become law, it must go through subcommittee, full committee, and be voted on by the entire chamber in both the House and the Senate. Then, any difference between the two bills must be reconciled or eliminated. After that the bill will go to the president to be considered.
FAMM is currently following two bills -- one in the House and one in the Senate -- that would eliminate the federal sentencing disparity between crack and powder cocaine.
In the House, Representative Bobby Scott introduced H.R. 3245, the "Fairness in Cocaine Sentencing Act of 2009." H.R. 3245 would eliminate the current 100-to-1 sentencing disparity between crack and powder cocaine sentences, effectively treating all cocaine, including crack, the same for sentencing purposes.
The bill, as written, is not retroactive, meaning it would not affect those sentenced the bill is enacted, if and when the president signs it into law. FAMM continues to fight to make the bill retroactive.
The House bill has been voted out of subcommittee and full committee and awaits consideration by the House of Representatives. The House bill, H.R. 3245, has one more step before passing out of the House – it has to be voted on by the entire House. It has not been scheduled for a vote and we do not know when the House will vote on the bill.
If the House takes up the bill, we want to be sure that it will pass. We need you to call on your member of Congress to cosponsor H.R. 3245. For information on how to contact your representative and to see sample letters, please go to click on take action.
In addition to passing through the House, a counterpart or similar bill must also pass the Senate.
In October, Senator Durbin introduced S. 1789, the Fair Sentencing Act of 2009. S. 1789 is slightly different than H.R. 3245. Like the House bill, it would treat all cocaine the same: 500 grams will require five years and 5 kilograms will require 10 years, no matter what form of cocaine. The Senate bill would also call for increased penalties for drug offenses involving vulnerable victims and other aggravating factors; and require a report on the effectiveness of federally funded drug courts.
Like the House bill, the Senate bill is not retroactive. FAMM continues to fight to make the bill retroactive.
The Senate bill must pass through committee and be voted on the full floor. When and if it passes out of the Senate, it must be reconciled with the House bill, meaning that any differences between the two bills must be eliminated.
Once the House and Senate agree on a single version of the bill, it can then be sent to the President for his consideration.
Right now, the Senate bill is scheduled to be considered by the Senate Judiciary Committee. Because the Judiciary Committee is set to consider so many other pieces of legislation, it is unlikely that this will be heard before the end of the year. That said, we do not know when and if the Senate Judiciary Committee will take up the bill and when it will be considered by the entire Senate. We need your help to show strong support for the bill. Please email your senators and ask them to cosponsor S. 1789. Click here to use FAMM's action center send an email.
We believe that these bills will move forward. Congress has until the end of 2010 to act. The President and the Department of Justice have said that he would like to eliminate the sentencing differences between crack and powder cocaine. The courts have indicated that they think the sentences are unjust. That leaves Congress to take action.