Pubdate: Sun, 09 Apr 2000 Source: American Press (LA) Contact: P.O. Box 2893, Lake Charles, LA 70602 Fax: (337) 494-4070 Website: http://www.americanpress.com/ DRUG SENTENCE DISPUTE MISSES BIGGER POINT It is, perhaps, a signal that our national lawmakers do not really expect to win the war against illicit drugs when the biggest dispute in Washington concerning dope is how to end the wide difference between mandatory prison sentences for possession of crack and powder cocaine. Here's the disparity that lawmakers are fussing about: The law requires a five-year prison term for anyone convicted of possessing 5 grams or more of crack. But a person has to be found guilty of holding at least 500 grams of powder cocaine to fall under the same mandatory five-year prison term. Critics of the current law contend that the wide difference results in minorities and the poor going to jail for jail while allowing the more upscale users of the costlier powder cocaine to go free. Defenders of the current law respond that there is, indeed, a difference between crack and powder. They claim that crack is more addictive and is associated more with violent crime, and thus warrants the stiffer penalty. It would seem that the arguments could be boiled down to a simple choice: Should the penalties for powder cocaine be raised to match those of crack, or should the penalties for crack be lessened to match those of powder? It hasn't happened for a single reason: Cheaper crack is used more by poor people, while more expensive powder is used mainly by richer people. There is an irony here that cannot be overlooked. Instead of debating ways to stop both rich and poor from killing themselves with cocaine, our lawmakers are instead vigorously arguing whether some cocaine users are not being treated as fairly as other cocaine users. Still another irony emerged recently when the Senate tucked into a bankruptcy bill a measure that would lower the threshold at which powder cocaine offenders would go behind bars. Supporters said it would end the sentencing disparity. Opponents said it would further crowd prisons and introduce more racism. The assistant director of The Sentencing Project, a Washington-based advocacy group, said, "Two-thirds of powder cocaine offenders who would now go to prison under this amendment are Hispanic whites." The solution, the Sentencing Project spokesman said, is "locking up fewer crack offenders, not locking up more powder offenders." Supporters of the Senate cocaine measure say drugs are illegal, regardless, and getting tougher is the answer, not getting more lenient. A law school professor and former member of the U.S. Sentencing Commission, wants the difference maintained. "Treating crack and powder cocaine the same, that would be a distortion," he said. "The same weight of powder and crack represents more doses of crack than it does powder." And so the argument continues -- but no longer about the best way to rid the country of this dread stuff. Instead, we accept using it as inevitable, and joust over whether prison sentences for users are being fairly handed down. This is not our country's finest moment. - --- MAP posted-by: Allan Wilkinson