Pubdate: Sat, 06 Apr 2002 Source: Tallahassee Democrat (FL) Copyright: 2002 Tallahassee Democrat. Contact: http://www.tdo.com/ Details: http://www.mapinc.org/media/444 Author: David A. Love, Knight Ridder Tribune Note: David A. Love is a public interest scholar at the University of Pennsylvania Law School. He can be reached at or by writing to Progressive Media Project, 409 East Main St., Madison, Wis. 53703. Bookmark: http://www.mapinc.org/racial.htm (Racial Issues) Bookmark: http://www.mapinc.org/coke.htm (Cocaine) Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) BUSH FAILS TO ADDRESS RACIALLY DISPARATE DRUG SENTENCING As a black law student, I was disturbed, though not surprised, by the Bush administration's recent position regarding disparities in sentencing for powdered cocaine and crack cocaine. Despite widespread criticism that current drug policy unfairly punishes blacks and Latinos by imposing harsher sentences for crack cocaine, the administration declared its opposition to any reduction. Present guidelines impose a minimum prison sentence of five years for possessing five grams of crack, but you get the same sentence for possessing as much as 500 grams of the powdered form. Powdered cocaine is the drug of preference for whites. Minorities bear the brunt of the harsh sentencing because they are more likely to use crack cocaine. This is even though the rate of drug use among people of color is similar to whites, according to federal health statistics. And there is no real difference between the two forms of cocaine. The U.S. Sentencing Commission has noted that "powder cocaine and crack cocaine are two forms of the same drug, containing the same active ingredient," and has concluded that there is no scientific or pharmacological evidence to justify treating crack as 100 times more dangerous than powder cocaine. The different treatment of powder and crack cocaine offenses has "clearly discriminatory effect on minority defendants convicted of crack offenses," says Ronald Weich, vice chair of the American Bar Association. Weich, a former assistant district attorney in New York County, declared that the differences represent a "major instance of the appearance of race discrimination in the administration of justice." Meanwhile, the Bush position seems regressive even by conservative Republican standards. Sens. Orrin Hatch, R-Utah, and Jeff Sessions, R-Ala., have introduced legislation that would lower the sentencing ratio to 20 to 1. By advocating racially disparate drug sentencing, the Bush administration is harming people of color. The prevailing sentencing guidelines are unfair, undemocratic and make a mockery of the notion of equal justice under the law. - --- MAP posted-by: Ariel